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EIA FREQUENTLY ASKED QUESTIONS ON AIR
POLLUTION # What are the law and
policy available against air pollution?
State
Enactments
# What is an Air Pollution Area? The air
act does not specifically define as to what constitutes an air pollution
control area but merely provides that an air pollution control area is an area
so declared by a state government after consultation with the state board
(section 19 of the Air Act). In an
area declared as pollution control area, the State Government can prohibit use
of any material or fuel (other than an approved fuel) if it of the opinion that
its use is likely to cause air pollution. Though the State Pollution Control
Board has the power to enter and inspect any place under section 24 of the Air
Act, only persons in pollution control area are bound to render assistance to
board. # Is
noise pollution an Air pollution? The Air
Act treats noise pollution as a form of air pollution. Section 2 of the Air Act
defines air pollutant to include “any solid, liquid or gaseous substance (including noise) present in the
atmosphere in such concentration as may be or tend to be injurious to human
beings or other living creatures or plants or property or environment”. # What is the maximum punishment
for violating the Air Act? The punishments for violating the provisions of the Air
Act are specified in sections 37 to section 39 of the act. Under section 37, penalty
for violation of sections 21, 22 and 31A is imprisonment for a term varying
between 18 to 72 months and with fine which can be extended to an additional
fine of upto Rs.5000 and imprisonment for a term
varying between 24 months to 84 months in case of continued non compliance. For
offences specified in section 38, the penalty is imprisonment for a period,
which may extend to 3 months and/or with fine, which may extend to Rs. 10,000.
As far as violation of any other provisions of the act is concerned, section 39
prescribes imprisonment for a period, which may extend to 3 months and/or with
fine which, may extend to Rs. 10,000 and with additional fine of upto Rs. 5000 for every day during which such failure
continues. #
Is smoking banned in all areas? Smoking
per se is not banned in all areas. In this respect a distinction is made
between smoking in public areas and smoking in private areas. While there is no
law prohibiting smoking in private areas, certain states have passed laws
prohibiting smoking in public areas. For instance in the state of Kerela, Rajasthan and # Is air
pollution a nuisance under the law of torts? A person causing air pollution can be prosecuted for
causing nuisance under the law of torts as it amounts to unreasonable
interference with the right of general public. An actionable nuisance can be
public nuisance or private nuisance. Specifically, public nuisance means any
injury, annoyance or interference with the quality of life of a class of
persons who come within its neighborhood. Private nuisance, on the other hand,
is a substantial and unreasonable interference with the use and enjoyment of
land. # Does a citizen have a right to enforce the provisions
of the Air Act? A citizen
has the power to complaint to the Board. Further, the courts can take
cognizance of offences when any person who has given appropriate notice to the
Board makes a complaint. Additionally as right to clean air is fundamental
right, any citizen can approach directly the High Court and the Supreme Court
by way of a writ or a Public Interest Litigation to force the authorities to
take remedial action. # Which is the nodal
agency to complaint to in case of air pollution? The nodal agency to complain to in case of air pollution
is the State Pollution Control Board in individual states and Central Pollution
Control Board in # What are emission
norms? Are they different for different sources? Emission norms are the standards for the quality of air, which is
emitted from any source. These standards differ from source to source and are
laid down by the State Boards in consultation of the Central Board. # Are
International Conventions relating to Air applicable in International conventions to which # Is air pollution a
criminal offence? Pollution the atmosphere in
violation of the provisions of the Air Act is a criminal offence punishable
under section 37 and 39 of the Air Act. FREQUENTLY ASKED QUESTIONS ON WATER # What are the law and policy available against
water pollution? Central Enactments
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The Water (Prevention and Control Of Pollution) Cess (Amendment) Act, 2003
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National Water Policy 2002
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National Water Policy
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The Water (Prevention And Control Of Pollution) Cess Act, 1977 ·
Water (Prevention & Control Of Pollution) Cess Rules, 1978 ·
Territorial
Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones
Act, 1976
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The
# What are the reason for the scarcity of water in Some of
the reasons for the scarcity of water in
# What are the effects of water
pollution?
# What are the sources of water pollution? # Which is the first special legislation enacted in Water
(Prevention and Control) Pollution Act 1974 is the first special legislations
dealing exclusively with water pollution. Though water comes under state list,
it is a central legislation enacted under Article 252(1) of the constitution
while exercising power to legislate in the field reserved for the state, where
two or more state legislation has given consent to legislate on the subject.
All the states have approved to implement the Water Act as enacted in 1974. # What are the objectives of Water (Prevention and Control)
Act? Water (Prevention and Control) Act is enacted with
following objectives in hand; * Prevention
and control of water pollution *
Maintaining or restoring wholesomeness of water *
Establishment of Boards for the prevention and control of water pollution *
Conferring powers on such Boards and assigning functions to such Boards * Any
other matters related with ‘water’ # What are the powers and functions of Pollution Control
Boards constituted under Water Act? Sections 3 and 4 of the Act provide for the creation
of the Central Pollution Control Board and State pollution Control Board
respectively. The main function of the central board is to promote cleanliness
of streams and wells in the states and subsidiary functions in the nature of advise, planning, coordination, publication, education and programmes for preventing, controlling and abating water
pollution. The State board are expected not only to plan comprehensive programmes for the prevention and control of water
pollution in the state, but also to inspect sewage or trade effluents, works
and plants for their treatment, to lay down standards for such effluents and
for the quality of receiving waters, and to make orders for waste disposal and
the likes. Further the Act also empowers the authorities to issue directions.
Apart from the above said general powers, a State Board has statutory powers to
obtain information, to take samples, or the affluent and have them analyzed,
and to enter and inspect premises and vessels. # What are the acts which are
prohibited under Water Act? Under Section 24 of the Act it is
prohibited to do knowingly certain acts, which cause water pollution. It
prohibits causing or permitting to cause entry into any stream, well, sewer or
by land of,
Under Section 25 of the Act following acts are
prohibited if committed without the previous consent of the state Board;
# What are the
penalties prescribed for violation of water norms under the Water Act, 1974? Penalties
under the Water Act are laid down in sections 41 to 45A of the Water Act.
Section 41(1) lays down that violation of directions given in section 20(2) and
20(3) is punishable with imprisonment for a term that may extend to three
months or with fine of upto Rs.10,000/-
or with both and in case failure continues, with an additional fine of upto Rs. 5000 for every day during which such failure
continues. Punishment for violation of directions issued under section 33 and
33A is provided for in clause 2 of section 41. Offences under this section are
punishable with imprisonment for a term ranging from 18 months to 72 months and
with fine. In case of continuation of failure, an additional fine of Rs.5000/-
for every day during which such failure continues can also be imposed. Under
section 43 and 44 respectively, contravention of provisions of section 24, 25
and 26 is punishable with imprisonment for a term extending from 18 months to
72 months and with fine that can extend for a period between 24 to84 months and
with fine. Penalty for offences listed under clause I of section 42 are
punishable with imprisonment for a term that may extend to three months or with
fine that may extend to Rs.10,000/- or with both. Section 42(2) lays down
punishment that can extend to three months and fine that can extend to
Rs.1000/- for willfully altering or interfering with any measuring or
monitoring device. In case of violations for which no punishment has been
provided elsewhere, punishment can extend to three months imprisonment and
Rs.10, 000/- as fine or with both, and with an additional fine of Rs.5000/- for
all subsequent contravention. # Are there different legal regime on ground water and
surface water? Presently there are separate legal regimes for ground
water and surface water. The Government is entitled to use and control for
public purposes the water of all rivers and streams flowing in natural
channels, and of all lakes and other natural collections of still water.
Generally put, surface water on public lands is a state property and the ground
water belongs to the landowner as an easement connected to the land. Thus the
owner of the land has largely an unrestricted right top use the ground water
beneath it. # Are there laws concerning marine waters? Under the Constitution, the marine resources vest with the
Union of India. Besides, specific legislation and notification such as the
Coastal Zone Regulation Notification, The Coast Guard Act 1978, Territorial
Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act
1976 regulating the marine environment have been passed. #
Which is the nodal agency in case of water
pollution? The nodal agencies in case of water pollution are the
State Pollution Control Board at the level of individual states and Central Pollution
Control Board for # Can a
citizen take an erring official to Court for water pollution? In terms of the provisions of
Section 59, the Government, officers of the Government, members and officers of
the Board are exempted from the legal proceedings in respect of anything done
or intended to be done in good faith and in pursuance of the Act or rules made
there under. #
What is the maximum penalty for offence
under the Water Pollution Act? The Act by virtue of Section 49
provides that the Judicial Magistrate of the first class or any Metropolitan
Magistrate has the power to pass a sentence of imprisonment for a term
exceeding two years or of fine exceeding two thousand rupees on any person
convicted of an offence under this Act. # What is riparian right? Riparian
rights over waters vest with riparian owners. A riparian owner is one who has
title to land adjacent to a natural stream.
Riparian owners have had a natural right, arising out of the ownership of the land abutting upon the
stream. A riparian owner has a right to use the water of the stream which flows
past his land equally with other riparian owners, and to have the water come to
him undiminished in flow, quantity or quality and to go beyond his land without
obstruction. The concept of riparian right flows from not only the common law
but also has a statutory footing under the Indian Easements Act 1882. #
Who is competent to legislate on water? Under the seventh schedule to the constitution, which
demarcates the legislative competence of the #
Who owns water? Traditionally water has been a resource with free access
and the notion of the property rights over it was not well developed. However,
riparian owners have had a natural right,
arising out of the ownership of the land abutting upon the stream. Under
present legal regime, while the control and management of all water resources
(except ground water) vests with the state the rights over ground water rest is
considered to be an easement connected to the ownership of land. # Who owns the
responsibility in case of offences by companies and government departments? Sections 47 and 48 of the Water Act lay down the procedure
to be followed in cases of offences by companies and government departments
respectively. Under section 47 liability for offences
by companies is deemed upon every person who, at the time when the offence was
committed, was in-charge and was responsible for the conduct of the business of
the company while under section 48 where a government department commits an
offence, the Head of the Department is deemed guilty. FREQUENTLY ASKED QUESTIONS ON WILDLIFE
# What are
the law and policy available against wildlife protection? CENTRAL
# What are the International Norms available for wild life protection?
# What is 'wildlife'?
Is it different from is a wild animal? Section
2(37) of the Wildlife (Protection) Act 1972 (Wildlife Protection Act) defines
wildlife to include “ any animal, bees, butterflies, crustacean,
fish and moths; and aquatic or land vegetation which forms part of any
habitat.” Apart from the common understanding of wildlife as any animal, bees,
butterfly etc. the WLPA includes within the definition of wildlife both the
aquatic and land vegetation, which forms part of any habitat. The import of such a definition is
significant, as destruction of a habitat would amount to the destruction of
wildlife itself. The Wildlife Protection Act goes beyond the common
understanding of wild animal while defining it in two parts. One is where wild
animal is defined to be “any animal found wild in nature”. Second is where any animal specified in the
various Schedules, (Schedule I, II, III, IV, V) which have been appended in the
Wildlife Protection Act, wherever found. # What are specified
plants? ‘Specified Plants’ are those, which are specified in schedule VI of
the WLPA. Only six species of plant have
been included in this schedule. Chapter
IIIA inserted by Act 44 in 1991 prohibits willful picking uprooting, damaging,
destroying, acquiring or collection of any specified plant from any forestland
or any area specified by notification by the Central Government. The possession, sale, gift or transport of
any specified plant whether alive or dead or even its parts or derivative is
also prohibited under the said chapter. # What is a scheduled
animal? How is it different from the Wild Animal? The
definition of ‘scheduled animal’ was introduced in 1986 vide Amendment Act 28
of 1986. There is a need to clarify this
definition because Scheduled animal and Wild animals
listed under the various schedules in the WLPA are often interchangeably used. Scheduled animal is defined to include any animal listed
in schedule – I and part II of schedule – II where as the wild animal is listed
in different schedules i.e. schedule I, II, III and IV in accordance with the
degree of protection accorded to it.
Scheduled animal has been accorded the highest protection. Trade in any
such scheduled animal is completely banned (Chapter V – A). # What is hunting? Is
it totally prohibited? The definition of hunting under
the WLPA is quite comprehensive. It not
only covers capturing, killing, poisoning, snaring and trapping of wild animal
but also includes every attempt to do so
(emphasis added). Further, hunting also includes ‘driving’ any wild animal
for the above said purposes. Injuring or
destroying or taking any part of the body of any such wild animal or in the
case of wild bird or reptile, damaging the egg of such bird or reptiles or even
disturbing the eggs or nests of such birds or reptiles would also amount to
hunting as per the Act (Section 2(16)).
Section 9 of the Wildlife Protection Act now bans hunting of wild
animals specified in schedule I, II, III and IV. The only exception to the above said clause
where hunting is allowed is provided under Section 11 of the Wildlife
Protection Act. When a Schedule I animal becomes dangerous to property then it cannot
be hunted. Besides, in case of schedule
I animal only the Chief Wild Life Warden has been empowered to grant the
permission to any person to hunt such animal. # Is trade in
wildlife or its products completely banned? Section 49-B prohibits a person to
commence or carry on business in animal articles derived from scheduled
animals. However, the Central Government, may, if it thinks it expedient to do
so in public interest, by general or specific order published in the official
Gazette, exempt, for purposes of export, any corporation owned or controlled by
the Central Government or any society registered under the Societies
Registration Act, 1860 or any other law for the time being in force, wholly or
substantially financed by the Central Government, from the provisions of this
section. # What is a protected
area? The term ‘protected area’ is not defined under the
Wildlife Protection Act. However, the Supreme Court has clarified in a
significant case that the expression Protected area “ was
intended to and does refer to all the areas which have had legal protection
against non- forest activities that devastated the environment including
poaching, mining, felling of trees etc.” (1993 Supp. (3) SCC 115) The Wildlife
Protection Act as amended provides for three categories of protected areas- The
National Parks, the Sanctuaries and the Closed Areas. # What is a National Park? How does it come into being? The WLPA does not define a National Park though it
clarifies on how it can be established. For an area to be declared a National
Park an intention is declared by Notification for an area, which is of
ecological, faunal, floral and geo-morphological importance. A national park is
notified under the following three conditions. First, when the period of
preferring claims has elapsed; second when all claims in relation to any land
in the area intended to be a national park are disposed off by the State
Government and lastly, when all rights in respect of land which is proposed to
be included in the national park are vested in the Government. After the above
conditions have been fulfilled the State Government shall issue a Notification
specifying the limits of the area that is being declared as a national park. # What is a sanctuary?
What are the pre-conditions for its establishment? A sanctuary is not legally defined though broadly
speaking it is a Protected Area, which is carved out with the primary intention
of protecting wildlife. A sanctuary is an area that is established under three
provisions of the WLPA: i.e Section 26-A, Section
38(1) and Section 66(3). For an area to be notified a sanctuary there are three
conditions to be fulfilled: Firstly, a notification under Section 18
must be issued declaring the intention and the boundaries of a particular area
that is required to be declared a sanctuary. Secondly, the period (two
months) after proclamation made by the Collector for preferring claims and with
regard to peoples’ rights must elapse and thirdly the State Government must
dispose off all claims made in relation to any land. After these three
conditions are fulfilled, the State Government is required to issue a notification
specifying the limits of the area that would finally be notified as a
sanctuary. The sanctuary exists from the date of such notification. # What are the
prohibited activities in a national Park and a Sanctuary? Under the WLPA no person can destroy, exploit or remove
any wildlife or habitat of any wild animal from a National Park or a Sanctuary.
However this can be done only under exceptional circumstances on permit being
granted by the Chief Wildlife Warden. Besides, there is prohibition of entry
into a National Park and Sanctuary with weapon, for causing fire and on use of
injurious substances. Further in case of National Park entry of livestock for
grazing is also strictly prohibited. # What are the
permitted activities in the National Parks and Sanctuaries? Subject to the grant of permit by the Chief Wildlife
Warden, investigation for study, photography, scientific research, tourism and
transaction of lawful business with any person residing in a Sanctuary is all
permissible in a Sanctuary. Additionally, the Chief Wildlife Warden is allowed
to undertake construction and other activities necessary for the purposes of
the Sanctuary and the wildlife therein. These provisions apply to the National
Park too. # How are wild
plants traded? Is NOC required for such trade? While
export and import of medicinal plants are regulated by the EXIM policy and the
CITES, in domestic trade it is not compulsory to show the source of the origin
of plant –whether it is cultivated and collected from the wild. The plants and
plant portions are presently being procured through contractors and dealers for
local consumption and trade without the requirement of NOC and are being sold
everywhere in India in the open market. A recent notification issued by the
Union Ministry of Commerce in April 2000 regulating export of specified plants
lays down that export of plant and plant portions obtained from the wild will
be allowed on production of a ‘No Objection Certificate’ (NOC) from Regional
Deputy Director (Wildlife) or Chief Conservator of Forests or the Divisional
Forest Officers of the state concerned from where these plant and plant
portions have been procured. The intention of the above-said notification is to
simplify the procedure for export of non-prohibited and non-CITES Indian herbs
and formulations by removing the cumbersome requirement of Legal Procurement
Certificate (LPC) and replacing it with No Objection Certificate (NOC) from
competent authorities. FREQUENTLY ASKED QUESTIONS ON
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