ENVIRONMENT PROTECTION THROUGH DELEGATED LEGISLATION

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ENVIRONMENT PROTECTION THROUGH DELEGATED LEGISLATION[1]

Table of Contents

QUESTION BANK

 Q.1.   Write a detailed note on ‘Environment audit’ and ‘eco mark’.

 Q.2.    In India, How traditionally environment.

     Q.3.    Religious traditions and beliefs in India played a vital role in protecting the environment- Explain.

 Q.4.    Write a detailed note on ‘biomedical waste’.

SHORT NOTES

  1. Coastal Zone Management.
  2. Environment audit and eco mark.
  3. Hazardous Waste and its management.
  4. Genetic Engineering.
  5. Bio-Medical Waste and its control.

SYNOPSIS

Table of Contents

I] HAZARDOUS WASTE AND ITS MANAGEMENT. 109

  1. A) Need for Hazardous Waste Management:- 109
  2. B) International Efforts to Treat Hazardous Waste:- 109
  3. C) Provisions in India to Treat Hazardous Waste:- 109
  4. a) Definition of Bio-Medical Waste:- 110
  5. b) Duty to Handle Waste without any Adverse Effect on Human Health and. 110
  6. c) Methods of Disposal of Wastes (Schedule I):- 110
  7. d) Segregation and Transport of Waste (Rule 6):- 111
  8. e) Proper Records Regarding the Waste (Rule 11):- 111

II] PUBLIC LIABILITY INSURANCE ACT 1991. 111

  1. A) Introduction:- 112
  2. B) Liability to Give Relief in Certain Cases on Principle of No-Fault (S. 3):- 112

1) Where- 112

2) In any claim for relief, the claimant shall not be required to plead and establish. 113

3) The Schedule Provides the Following Reliefs:- 114

  1. C) Duty of Owner to Take Out Insurance Policies (S. 4):- 114

1) Limit of Policy:- 114

2) Exemptions From Taking Insurance:- 115

3) Contribution to Relief Fund:- 115

  1. D) Application for Claim for Relief (S. 6):- 115
  2. E) Relief Fund (S. 7A):- 115
  3. F) Award of Relief (S. 7):- 116

III] ECO-MARK. 116

  1. A) Introduction:- 116
  2. B) Object of the Scheme:- 116
  3. C) The Scheme:- 117
  4. D) Appraisal of the Scheme:- 117

IV] GENETIC ENGINEERING.. 117

  1. A) Introduction:- 117
  2. B) Meaning and Definition’:- 118
  3. C) Competent Authorities:- 118
  4. D) Classification of Microorganisms (Rule 5):- 118
  5. E) Approval and Prohibitions (Rule 7):- 119
  6. F) Penalties (R. 15):- 119

V] COASTAL ZONE MANAGEMENT. 119

  1. A) Introduction:- 119
  2. B) Declaration of Coastal Regulation Zone:- 120
  3. C) Regulation of Permissible Activates:- 121
  4. D) Classification of Zones:- 121

1) Coastal Regulation Zone (CRZ) I:- 121

2) Coastal Regulation Zone (CRZ) II:- 122

3) Coastal Regulation Zone (CRZ) III:- 122

4) Coastal Regulation Zone (CRZ) IV:- 122

VI] ENVIRONMENTAL AUDIT. 122

  1. A) Meaning:- 122
  2. B) Benefits of Environmental Audit:- 122
  3. C) Kinds of Environment Audit:- 123

1) Compliance Audit:- 123

2) Environmental Performance Audit:- 123

 I]      HAZARDOUS WASTE[2] AND ITS MANAGEMENT

  SYNOPSIS

 I]      Hazardous Waste and its management

  1. A) Need for hazardous waste management
  2. B) International efforts to treat hazardous Waste
  3. C) Provisions in India to treat hazardous Waste

 1)    Hazardous Wastes (Management and Handling) Rules 1989.

 2)  Manufacture, Storage, and Import of Hazardous Chemicals Rules 1989

 3)    Hazardous Micro- Organisms Rules 1989.

 4)    Recycled Plastics Manufacture and Uses Rules 1999.

 5)    Municipal Solid Waste (Management and Handling) Rules 2000. Etc.

 6)    Bio-Medical Waste (Management and Handling) Rules 1998.

  1. a) Definition of Bio-Medical Waste
  2. b) Duty to handle Waste without any adverse

effect on human health and the environment                                                                                            (Rule 4)

  1. c) Methods of disposal of wastes (Schedule I)
  2. d) Segregation and transport of Waste (Rule 6)
  3. e) Proper records regarding the Waste (Rule 11)

            Apart from the so many enactments of laws by Parliament and various State legislators, delegated legislation has played an important role in shaping these laws as well as adding flesh and blood to existing laws. We will discuss some laws in which executives have played a significant role.

I]       HAZARDOUS WASTE[3] AND ITS MANAGEMENT.

A)      Need for Hazardous Waste Management:-

          Hazardous Waste posed indiscriminately is a considerable threat to the environment. It is a severe threat to a human being. Hazardous Waste is often indiscriminately dumped into rivers, abandoned along roadsides or lonely places, and poured directly into the ocean. Regulation and proper management of hazardous Waste is a need of the day.

          A country like India, which does not have a proper record and management of hazardous Waste, imports a lot of hazardous Waste under the pretext of ship dismantlement etc. Many underdeveloped countries have inadequate infrastructure and insufficient training and education programs on the health risks of exposure to hazardous Waste. There is a dire need to develop a strategy for managing hazardous waste.

B)       International Efforts to Treat Hazardous Waste:-

          The Stockholm Declaration 1972 on Human Environment has raised concern about the rapid acceleration[4] of Scientific and Technology and its Waste.

          The World Commission on Environment and Development reported in 1987 that industrial Waste and toxic substances were common challenges worldwide, and many attempts were made to manage hazardous waste properly.

          The United States passed several Acts to address the problem and management of hazardous waste, viz., the Solid Waste Disposal Act in 1960, the Resource Conservation and Recovery Act in 1976, and The Super Fund Act in 1980.

          Similarly, the UK has passed the Control of Pollution Act 1974, providing various regulatory and control measures for waste disposal. Some laws have been passed to control the use of pesticides. The Radioactive Substances Act 1960, the Nuclear Installations Act 1956, and the Radiological Protection Act 1970 allow for the safe disposal of nuclear waste.

C)      Provisions in India to Treat Hazardous Waste:-

          India has taken various steps to regulate and manage industrial wastes and toxic substances. Different laws deal with the regulation of hazardous wastes and toxic substances. Chapter XIV of the Indian Penal Code declares the acts and omissions affecting public health, safety, and convenience as an offence. Similarly, the Provisions of the Environment (Protection) Act of 1986 empowered the Central Government to make rules for handling and controlling hazardous waste properly. Thus, under the rule-making power conferred on it, the Central Government made the following essential rules, viz.-

1)       Hazardous Wastes (Management and Handling) Rules 1989.

2)       Manufacture, Storage and Import of Hazardous Chemicals Rules 1989

3)       Hazardous Micro-Organisms Rules 1989.

4)       Recycled Plastics Manufacture and Uses Rules 1999.

5)       Municipal Solid Waste (Management and Handling) Rules 2000. Etc.

6)       Bio-Medical Waste (Management and Handling) Rules 1998:-

          Nowadays, managing Biomedical Waste is a great challenge. If not correctly dealt with, it can be the biggest threat to the human environment. The Central Government made this rule to deal appropriately with Biomedical Waste.

a)       Definition of Bio-Medical Waste:-

          Bio-medical waste means ‘any waste which is generated during the diagnosis[5], treatment or immunisation of human beings or animals or in research activities pertaining thereto or in the production or testing of biological and including categories mentioned in Schedule I. Schedule I has mentioned ten categories of bio-medical wastes, which include human anatomical waste, animal waste, microbiology and biotechnology waste, waste sharps, discarded medicines and cytotoxic drugs, solid waste, liquid waste, chemical waste, incineration ash[6]’.

b)      Duty to Handle Waste without any Adverse Effect on Human Health and

          Environment (Rule 4):-

                           Every occupier of an institution generating bio-medical Waste, which includes a hospital, nursing home, clinic, dispensary, veterinary institution, animal house, pathological laboratory, or blood bank, is to take all steps to ensure that such Waste is handled without any adverse effect on human health and the environment.

c)        Methods of Disposal of Wastes (Schedule I):-

          Schedule I provides various methods for the disposal of Bio-Medical Waste according to the nature of the category provided in the schedule.

  1. i) incineration,
  2. ii)    deep burial,

                    iii)    local autoclaving,

  1. iv)  micro-waving,
  2. v)    mutilation[7],
  3. vi)    disposal in landfills,

                    vii)    disinfection,

                    viii)    chemical treatment, etc.

d)       Segregation and Transport of Waste (Rule 6):-

          The rule provides for the segregation of waste in different-coloured plastic bags and labeling as per Schedule III. Such waste shall be packed safely and transported only in authorised vehicles. No untreated biomedical waste shall be kept beyond 48 hours without the permission of the competent authority in this regard.

e)        Proper Records Regarding the Waste (Rule 11):-

          The institutions receiving and disposing of bio-medical waste have to keep proper records regarding the generation, collection, reception, storage, transportation, treatment and disposal of bio-medical wastes.

II]      PUBLIC LIABILITY INSURANCE ACT[8] 1991

SYNOPSIS

  1. A) Introduction
  2. B) Liability to Give Relief in Certain Cases on Principle of No-Fault (S. 3)

                  1)      Where-

                  2)       In any claim for relief

                  3)       The Schedule Provide Following Reliefs

  1. C) Duty of Owner to Take Out Insurance Policies (S. 4)

       1)        Limit of policy

        2)        Exemptions from taking insurance

        3)        Contribution to the relief fund

  1. D) Application for Claim for Relief (S. 6)
  2. E) Relief Fund (S. 7A)
  3. F) Award of relief (S. 7)

 A)      Introduction:-

          The Act came into force on 2nd January 1991. The object of the Act is to provide immediate relief to the persons affected by an accident occurring while handling any hazardous substance and for matters connected therewith or incidental thereto.

          The establishment of hazardous industries is necessary nowadays; however, it is equally important to protect the public from accidents resulting from handling such hazardous substances. The Bhopal Gas leak and other incidents have shown the necessity of an enactment providing immediate economic assistance to the public affected by the handling of hazardous substances.

                                   Rylands V/s Fletchers Case[9], is the genesis of ‘no fault liability’.

          The court held in this case, “the person who, for his own purpose, brings on his land and collects and keeps there anything likely to do mischief, must keep it at his peril[10] and he is prima facie answerable for all the damages which is the natural consequence of its escape”.

          Similar liability, i.e. “no-fault liability[11]” is also incorporated in the Motor Vehicles Act 1988 under S. 140, whereby the owner of the vehicle has to compensate the deceased or injured or property of any person by the accident irrespective of finding who was at fault. Thus, the liability is strict without ascertaining who was at fault (i.e. no fault).

          The same strict or “no-fault” liability is incorporated under The Public Liability Insurance Act. 1991, whereby it is made incumbent on owners of Hazardous Industries to take out a ‘public insurance policy’ to meet the contingency of any accident due to handling hazardous substances related to the industry. The Act contains 23 sections and one schedule.

          Insurance is to be drawn to compensate the public affected by accidents caused by handling hazardous substances, not for compensating workers, because other laws make a separate arrangement for the care and insurance of workers.

          Thus, the object of the Act is to provide public liability insurance to provide immediate relief to the persons affected by accidents occurring while handling any hazardous substance and for matters connected in addition to that or incidental thereto.

B)        Liability to Give Relief in Certain Cases on Principle of No-Fault (S. 3):-

 1)        Where-

  1. i)     death or injury
  2. ii)     to any person (other than a workman) or damage to any property has

                                 resulted

                       iii)     from an accident,

  1. iv)     the owner shall be liable to give such relief as is specified in the

                                 Schedule for such death, injury, or damage.

 2)        In any claim for relief, the claimant shall not be required to plead and establish

            that the death, injury, or damage in respect of which the claim has been made was

            due to any wrongful act, neglect, or default of any person.

          Thus, the Act incorporates the principle of ‘no fault liability’ and casts a duty upon the owner of the entity having control over the handling of any hazardous substance to pay compensation for any accident arising out of the handling of a hazardous substance, even though the owner need not be in fault for such accident or the victim themselves may be in fault. The liability is irrespective of fault on the part of the owner.

          The right to claim relief under the Public Liability Insurance Act is in addition to any other right to claim compensation in respect thereof given under any other law for the time being in force. Where the owner is liable to pay the claim under this Act and is also liable to pay compensation under any other law, then the amount of relief paid under this Act shall be deducted from the amount of that compensation (S. 8).

          The ‘owner’ here means [S.2 (g)]- a person who owns or has control over handling any hazardous substance at the time of the accident and includes-

  1. i)  in the case of a firm, any of its partners;
  2. ii) in the case of an association, any of its members; and

                                  iii)     in the case of a company, any of its directors, managers,

                                            secretaries or other officers who are directly in charge of, and

                                            is responsible to, the company for the conduct of the business

                                           of the company.

          An ‘accident’ here means [S.2 (a)], an accident involving a fortuitous or sudden[12] or unintended occurrence while handling any hazardous substance resulting in continuous or intermittent or repeated exposure to death of, or injury to, any person or damage to any property but does not include an accident by reason only of war or radio-activity.

          The term ‘handling[13]’ [S. 2 (c)], in relation to any hazardous substance, means the manufacture, processing, treatment, package, storage, transportation by vehicle, use, collection, destruction, conversion, offering for sale, transfer or the like of such hazardous substance.

3)       The Schedule Provides the Following Reliefs:-

  1. i) Reimbursement[14] of medical expenses incurred up to a maximum of Rs.- 12,500/- in each case.
  2. ii) For fatal[15] accidents the relief will be Rs. 25,000 per person in addition to reimbursement of medical expenses, if any, incurred on the victim up to a maximum of Rs. 12,500/-.

iii)     For permanent total or permanent partial disability or other injury or

           sickness, the relief will be –

  1. a) reimbursement of medical expenses incurred, if any, up to a

                         maximum of Rs.-12,500/- in each case and

  1.    b)     cash relief on the basis of the percentage of disablement as

                        certified by an authorised physician. The relief of total

                        permanent disability[16] will be Rs. 25,000/-.

  1. iv)  For loss of wages due to temporary partial disability[17] which reduces the earning capacity of the victim, there will be a fixed monthly relief not exceeding Rs.-1,000/- per month up to a maximum of 3 months, provided the victim has been hospitalized for a period exceeding 3 days and is above 16 years of age.
  2. v) Up to Rs.- 6,000/- depending on the actual damage, for any damage

          to private property.

          These reliefs in fact are very meagre and inadequate now a day. The section is more on the line of S. 140 of the Motor Vehicles Act 1988.

C)       Duty of Owner to Take Out Insurance Policies (S. 4):-

          Before he starts handling any hazardous substance, every owner shall take out one or more insurance policies provided for contracts of insurance whereby he is insured against liability to give relief as mentioned above. He is duty-bound to renew the policy from time to time.

1)     Limit of Policy:-

        The amount of the policy should not be less than the amount of the paid-up capital of the undertaking ( which is handling any hazardous substance and owned or controlled by that owner), and it should not be more than the amount of Rs. Fifty crore rupees.

          If the owner fails to take out an insurance policy or renew it from time to time, he shall be liable for punishment for a term of not less than one year and six months but which may extend up to six years, or with a fine of not less than 1 lakh rupees, or with both (S. 14).

2)        Exemptions From Taking Insurance:-

          The Central Government may exempt, by notification to the following owners,

            viz-

  1. i) Central Government
  2. ii) any State Government;

       iii)    any corporation owned or controlled by the Central

       Government or a State Government; or

  1. iv) any local authority.

3)        Contribution to Relief Fund:-

          Every owner handling hazardous substances shall pay the insurer with the amount of premium, such as the amount not exceeding the sum equivalent to the amount of premium, for being credited to the Relief Fund (S. 4 (2c).

          Thus, the owner is duty-bound to contribute to the relief fund in addition to the insurance premium.

D)        Application for Claim for Relief (S. 6):-

           An injured person or his authorised agent; an owner of the property (whose property is damaged) or his authorised agent; the deceased’s legal representative; or an agent of the legal practitioner may make an application for a claim for relief under section 3(1) in Form-I prescribed under rule 4 to the Collector, within 5 years of the occurrence of the accident.

E)       Relief Fund (S. 7A):-

          The Central Government may, by notification, establish a fund known as the Environment Relief Fund. The Environment Relief fund shall be utilised to pay the relief amount passed under the award by the Collector.

          The Central Government may, by notification, make a scheme specifying the authority in which the Relief Fund shall vest, the manner in which the Relief Fund shall be administered, the form and the manner in which money shall be drawn from the fund and for all other matters connected with or incidental to the administration of the Relief Fund and the payment of relief therefrom.

          Every owner handling hazardous substances shall pay the insurer with the amount of premium, such as the amount not exceeding the sum equivalent to the amount of premium, for being credited to the Relief Fund (S. 4 (2c).

          The insurer shall remit to the Authority in which the Relief Fund shall vest the amount received from the owner for being credited to the relief fund in such manner and within such period as may be prescribed, and where the insurer fails to remit that amount, it shall be recoverable from the insurer as arrears of land revenue or of public demand (S. 4 (2d).

F)       Award of Relief (S. 7):-

          Collector has to verify and publish the occurrence of the accident (S. 5). The power to adjudicate[18] the claim is entrusted to the Collector. On receipt of an application for a claim, the Collector shall, after giving notice of the application to the owner and after giving the parties an opportunity to be heard, hold an inquiry into the claim or each of the claims and may make an award determining the amount of relief which appears to him to be and specify the person or persons to whom such amount of relief shall be paid.

          The Collector shall have all the powers of the Civil Court to decide the claim. If the owner or insurer fails to deposit an amount awarded by the Collector, it will be treated as arrears of land revenue or of public demand.

          Every claim for relief under this Act shall be disposed of as expeditiously as possible, and an endeavour is to be made to dispose of the claim within 3 months from receipt of it.

III]       ECO-MARK.

SYNOPSIS

  1. A) Introduction
  2. B) Object of the Scheme
  3. C) The Scheme
  4. D) Appraisal of the Scheme

 A)        Introduction:-

            The emergence of environmental awareness worldwide increased the demand for environmentally friendly products. Moreover, in 1991, the Central Government of India launched “ECOMARK,” an eco-labelling scheme for easy identification of environmentally friendly products.

B)       Object of the Scheme:-

          The objects of the scheme are as follows-

                    1) To promote and encourage manufacturers to introduce environment-friendly products.

         2)     To reduce adverse environmental impact.

                    3)  To render assistance to consumers to identify easily environment-friendly products.

C)      The Scheme:-

          As per the scheme, the label known as “ECOMARK” may be used by manufacturers who meet the specific environmental requirements and the quality requirements of the Indian Standards as laid down by the Bureau of Indian Standards.

D)       Appraisal of the Scheme:-

          In fact, even after the publication of quality criteria for a number of goods such as soaps and detergents, paper, food items, lubricating oils, packaging material, architectural paints and powder coatings, batteries, electrical or electronic goods, food additives, wood substitutes, cosmetics, aerosol propellants, plastic products, textiles, fire-extinguisher and leather etc., the scheme has not achieved remarkable momentum. It may be due to unwillingness on the part of manufacturers as well as of consumers.

          In 1999, to alter consumer patterns and to reduce the adverse impact on the environment of plastic, the Central Government framed the Recycled Plastic Manufacture and Usage Rules 1999. The Rule prohibits vendors of foodstuffs from packing their wares in bags or containers made from recycled plastics. However, the exception is that if foodstuffs are sold in plastic bags, the carry bag must be made of virgin plastic and not be of less thickness than 20 microns.

IV]     GENETIC ENGINEERING[19]

SYNOPSIS

  1. A) Introduction
  2. B)      Meaning and Definition
  3. C) Competent Authorities
  4. D)      Classification of Microorganisms
  5. E) Approval and Prohibitions (Rule 7)
  6. F)   Penalties (R. 15)

A)       Introduction:-

          Though gene technology may be useful, to avoid its adverse impact on the environment and human health, the Central Government framed rules in 1989 for the manufacture, use, import, export, and storage of hazardous microorganisms, genetically engineered organisms, or cells.

B)       Meaning and Definition[20]’:-

          The Rule defines ‘Genetic engineering’ as ‘the techniques by which heritable materials which do not usually occur or will not occur naturally in the organism or cell concerned, generated outside the organism or the cell is inserted into said cell or organism. It also means the formation of new combinations of genetic material by incorporating a cell into a host cell, where they occur naturally, as well as modification of an organism or in a cell by deleting and removing parts of the heritable material.

           The Rules also define the term ‘Gene Technology’, which means the application of the gene technique called genetic engineering, including self-cloning, dilution, and cell hybridization.

C)      Competent Authorities:-

          The rules also created the following competent authorities to carry out the functions prescribed for these authorities-

                 1)       Recombinant DNA Advisory Committee.

                 2)       Review Committee on Genetic Manipulation.

                 3)       Institutional Bio-Safety Committee.

                 4)       Genetic Engineering Approval Committee.

                 5)       State Biotechnology Coordination Committee

                 6) District-Level Biotechnology Committee.

D)      Classification of Microorganisms[21] (Rule 5):-

          Microorganisms are genetically engineered organisms, products of cells. Microorganisms are classified as

  1. i)    Animal Pathogens and
  2. ii) Plant Pets.

The Schedule to the Rules classifies microorganisms into-

             1)     Bacterial Agents;

             2)     Fungal Agents;

             3)     Parasitic Agents;

             4)     Viral, Rickettsial and Chalmydial Agents;

             5)     Special categories.

E)       Approval and Prohibitions (Rule 7):-

          Rules prohibit the import, export, transport, manufacture, process, and use or sell of hazardous microorganisms or genetically engineered organisms, substances, or cells except with the approval of the Genetic Engineering Approval Committee.

F)       Penalties (R. 15):-

          If any order made by a competent authority is not complied with, the District Level Committee or the State Biotechnology Coordination Committee may take measures at the expense of the person responsible for damage to the environment, nature, or health. Any violation of these rules is punishable.

V]      COASTAL ZONE MANAGEMENT

SYNOPSIS

  1. A) Introduction
  2. B) Declaration of Coastal Regulation Zone
  3. C) Regulation of Permissible Activates

                   1)       Coastal Regulation Zone (CRZ) I

                   2)       Coastal Regulation Zone (CRZ) II

                   3)       Coastal Regulation Zone (CRZ) III

                   4)       Coastal Regulation Zone (CRZ) IV

A)       Introduction:-

          India is a coastal nation[22]It is surrounded by sea on three sides. Therefore, it is one of the richest coastline nations. India has more than 7,500 kilometres of coastline, including the islands of Lakshadweep, Andaman, and Nicobar.

          Every nation having a coastline is interested in its safeguarding. Moreover, such a nation’s responsibility is to keep its coastal zones clean and unpolluted.

          Indian coastal zones are rich in minerals and have the potential for exploitation of tidal energy, ocean thermal energy, etc. Moreover, it has a very wide range of coastal eco-system like mangroves, coral reefs, seagrasses, salt marshes, sand dunes, estuaries, lagoons etc.

          Despite the benefits mentioned above, the coasts, specifically Indian coasts, are highly polluted due to increased housing colonies, encroachment on coastal areas, industrial areas and non-coast use, development of harbours, etc. Pollution from Municipal wastes released into a sea of chemical effluents and mechanisation of the fishing industry have further deteriorated the environment around coastal zones.

          We will find very good models of coastal zone management adopted in important countries with big coastal areas like the U.S., U.K., Sri Lanka, etc. In America, the Coastal Zone Management Act of 1972 protects its coasts from pollution. In the U.K., the permission of The Environment Protection Act of 1990 was extended to protect coastal pollution. Similarly, in Sri Lanka, the Coastal Conservation Act 1981 was passed to protect its coasts from pollution.

          In India, the Central Government is under the power given to it by the Environment Protection Act. 1986, issued the Coastal Regulation Zone (CRZ) Notification in 1991 to protect and improve the quality of the environment around the coast. The notification declares Coastal Regulation Zones and imposes restrictions on industrial operations and processes in the zones. The Notification has been amended a number of times since 1991.

            We will discuss some of the Provisions of the Notification-

B)        Declaration of Coastal Regulation Zone:-

          The notification declares the coastal stretches of seas, bays, estuaries, creeks[23], rivers and backwaters are influenced by tidal action up to 400 meters on the landward side from the high tide line (HTL) and the land between the low tide line (LTD) as a Coastal Regulation Zone.

          The high tide[24] line means the line on the land up to which the highest water line reaches during the spring tide.

The Notification lays down a prohibition on certain activities and also exceptions thereto via.

1)     Setting up new industries and expanding existing industries except for those industries that are directly related to the waterfront or directly need foreshore facilities. However, facilities for generating power from non-conventional energy[25] sources and setting up desalination plants. Construction of airstrips may be permitted in certain zones.

2) manufacture, handling, storage, or disposal of hazardous substances. However, facilities for storing petroleum products like crude oil, butane, motor spirit, kerosene, aviation fuel, high-speed diesel, lubricating oil, butane, propane, compressed natural gas, etc. may be permitted in certain zones with the government’s prior approval.

3)     Setting up and expanding fish processing units, including warehousing, except for hatchery and natural fish drying in permitted areas.

4)     Setting up and expanding units for disposal of waste and effluents, except facilities required for discharging treated effluents into water courses with approval under the Water (Prevention and Control of Pollution) Act 1974.

            Similarly, following activities with certain exceptions are prohibited, viz.-

5)        Discharge of untreated Waste and effluents from industries, cities or towns,

 6)    offshore exploration activities beyond 10 kilometres from the nearest habituated

            village boundary,

  7)     dumping of city or town waste for the purpose of landfilling,

  8)     dumping of ash or any wastes from thermal power stations,

  9)      land reclamation,

10)      bounding or disturbing the natural course of seawater,

11)      mining of sand, rocks, and other substantiate materials,

12)      harvesting or drawl of groundwater and construction of a mechanism, therefore

          within 200 meters of HTL, etc.

C)       Regulation of Permissible Activates:-

          The following activities will require environmental clearance from the ministry

of environment and Forest of Government of India viz.

             1)      Activities which require waterfront and foreshore facilities;

             2) Exploration and extraction of oil and natural gas and all                                               associated activities and facilities thereto;

 3)      Thermal power plants.

4) Demolition or reconstruction of buildings of archaeological or historical importance, etc.

D)       Classification of Zones:-

          Indian law makes a classification of the coastal area into four Coastal Regulation Zones. This is made for eco-protection and specific regulations of each zone.

1)         Coastal Regulation Zone (CRZ) I:-

          It consists of ecologically sensitive and important areas. Mangroves, wetlands, national parks, sanctuaries, wildlife habitats, and places of outstanding natural beauty or historical heritage are included in this category. Similarly, areas close to fish breeding and spawning grounds, as well as the areas between LTL and HTL, fall into this category.

          The government can add new areas to this category from time to time. In this area, no new construction is permitted within 500 meters of the HTL. However, permission for non-polluting industries or service industries may be granted.

2)        Coastal Regulation Zone (CRZ) II:-

          CRZ II comprises a sufficiently developed urban area with facilities for drainage, approach roads, water supplies, and sewerage lines.

          Buildings are not permitted on the seaward side of existing roads or buildings.

3)      Coastal Regulation Zone (CRZ) III:-

          It consists of relatively undisturbed areas. Such as coastal zones in the rural areas that are developed or undeveloped and the areas within municipal limits or in other legally designated urban areas that are not sufficiently developed.

          This area is within 200 meters of the HTL and is a non-development area.

4)       Coastal Regulation Zone (CRZ) IV:-

          The area consists of coastal stretches of the Andaman and Nicobar Islands and Lakshadweep Islands. It also includes small islands that do not belong to the other three categories.

          There are separate regulations and norms in this area. The use of corals and sand are banned for construction purposes.

VI]     ENVIRONMENTAL AUDIT[26]

SYNOPSIS

  1. A)   Meaning
  2. B) Benefits of Environmental Audit
  3. C) Kinds of Environment Audit

                    1)        Compliance Audit

                      2)        Environmental Performance Audit

A)       Meaning:-

          An environmental audit assesses the nature and extent of harm or risk of harm to the environment posed by an industrial process or activity, waste, substance, or noise. Its object is to understand the type of contamination or pollution or the harm it poses.

          In India, the Supreme Audit Institution conducts environmental audits. The Supreme Audit Institution works undue to its parental body, the Controller and Auditor General (CAG) of India. It also conducts compliance and performance audits.

B)       Benefits of Environmental Audit:-

          There are the following benefits of environmental audit, viz.

1)        Planning authorities, government agencies and private businesses use the

            environmental audit system to determine the condition of the site and its suitability for use or to advise what is required to make a site suitable for use.

2)        An environmental audit of a site provides people with confidence as to what a site

            can be used to determine what, if any, costs may apply in managing

            it into the future.

3)    To benefit the large community and their good health and environment in the future, an environmental audit is necessary.

C)       Kinds of Environment Audit:-

          Basically, environmental auditing is of the following types, viz.

1)        Compliance Audit:-

          An environmental compliance audit is done in order to comply with various requirements or permits required for the establishment or working of the industry.

2)        Environmental Performance Audit:-

          An environmental performance audit is used mainly to measure how well environmental programs and plans are being implemented in practice or if there are some lacunas[27] to be filled.

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[1] प्रत्यायोजित विधान के माध्यम से पर्यावरण संरक्षण

[2]  धोकादायक टाकाऊ पदार्थ

[3]  धोकादायक टाकाऊ पदार्थ

[4] वाढ

[5] निदाण

[6]राख

[7] विच्छेदन

[8] धोकादायक उदयोगाचे मालकांनी धोकयांपासून सर्वसमन्यांना भरपाई देता यावी म्हणुन उदयोगाला विमाकृत करणे आवश्यक आहे त्यासाठी हा सार्वजनिक जबाबदारी विमा.

[9] 1868 LR3

[10] जबाबदारीवर

[11]दोष न पाहता भरपाई करणे

[12]आकस्मीक किंवा अचानक

[13] हाताळणे

[14] भरपाइ करून देने

[15] प्राणघातक हाणीकारक

[16] कायमचे अपंगत्व

[17] तातपुरते अश्त: अपंगत्व

[18] निर्णय देणे

[19] जनुकीय अभियांत्रिकी

[20] ‘जनुकीय अभियांत्रिकी’ म्हणजे असे शास्त्र की ज्यामूळे सुक्ष्म जीव अथवा उती यामध्ये नैसर्गीक नसलेली सामग्री बाहेर (प्रयोगशाळा इ.) मध्ये निर्माण करून ती त्या सुक्ष्म जीव अथवा उती मध्ये टाकली जाते.

[21] अती सुक्ष्म जीवांचे वर्गीकरण

[22] समुद्र किनारा असणारा देश

[23] खाडी नदीचे रूंद मूख खाडी

[24] भरती

[25] अपारंपारीक उर्जा

[26] पर्यावरण लेखापरीक्षण

[27] उणीवा

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