HVES Unit 4
HVES Unit 4
HVES Unit 4
Unit 4
Environmental Management
4.1. Environmental Laws
Environment protection is mentioned in the Indian Constitution as part of Directive
Principles of State Policy as well as Fundamental Duties.
Directive Principles of State Policy (Part IV) Article 48A
Protection and improvement of the environment and safeguarding of forests and
wildlife. The State shall put an effort to protect and improve the environment and
safeguard the forests and wildlife of the country.
Fundamental duties (Part IV A) Article 51A
It is a fundamental duty to protect and improve the natural environment including
forests, lakes, rivers, and wildlife, and to have compassion for living creatures.
The government of India has made numerous acts to protect the environment and
biodiversity. The important and impactful environmental laws and acts are listed and
explained below.
1. The Wildlife (Protection) Act, 1972
The Act provides for the protection of wild animals, birds, and plants; and for
matters connected therewith or ancillary or incidental thereto. It extends to the
whole of India.
It has six schedules that give varying degrees of protection:
• Schedules I and II provide absolute protection to listed species. Offenses against
listed species of schedules I & II have the provision of the highest penalties.
• Species listed in Schedule III and Schedule IV are also protected, but the
penalties are much lower.
• Animals under Schedule V, e.g., common crows, fruit bats, rats, and mice, are
legally considered vermin and may be hunted freely. The specified endemic plants
in Schedule VI are prohibited from cultivation and planting.
2. The Water (Prevention and Control of Pollution) Act, 1974
The Objective is this act is to provide prevention and control of water pollution.
Maintaining or restoring the wholesomeness and purity of water in the various
water sources. Central Pollution Control Boards (CPCB) and State Pollution Control
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Boards (SPSB) are statutory bodies created under the Water Act, of 1974. It
empowers CPCB and SPCB to establish and enforce effluent standards for factories
discharging pollutants into water bodies. SPCB controls sewage and industrial
effluent discharge by approving, rejecting, and granting consent to discharge.
3. The Air (prevention and control of pollution) act, 1981
The act targets to control and prevent air pollution in India and its main objectives
are:
• To provide for prevention, control, and abatement of air pollution.
• To provide for the establishment of the boards at the central and state levels
to implement the act.
CPCB and SPCB were given the responsibility.
It states that the sources of air pollution such as internal combustion engines,
industry, vehicles, power plants, etc., are not permitted to release particulate
matter, lead, carbon monoxide, sulfur dioxide, nitrogen oxide, volatile organic
compounds (VOCs), or other toxic substances beyond the predetermined limit.
4. The Environment (Protection) Act, 1986
This act was passed under article 253 (legislation for giving effect to international
agreements). This act was passed in the wake of the Bhopal gas tragedy in
December 1984. It was enacted to achieve the UN conference on the human
environment, 1972- Stockholm declaration.
Eco-sensitive zones or ecologically fragile areas are notified by the Ministry of
Environment, Forest, and Climate Change (MoEFCC) under EPA, 1986. MoEFCC
has demarcated 10 km buffer zones around conservation areas.
Some statutory bodies under Environment (Protection) Act, 1986, (EPA 1986) are
enumerated as under:
• Genetic Engineering Appraisal Committee
• National Coastal Zone Management Authority (later converted to
National Ganga Council under the Ministry of Jal Shakthi)
• The Ozone-Depleting Substances (Regulation and Control) Rules,
2000: These rules set deadlines for phasing out of various Ozone Depleting
Substances (ODSs) and regulating production, trade import, and export of the
product containing ODS. These rules prohibit the use of CFCs, halons, ODSs
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Title rights
It gives FDST and OTFD the right to ownership of land farmed by tribals or forest
dwellers subject to a maximum of 4 hectares. Ownership is only for land that is
being cultivated by the concerned family and no new lands will be granted.
Use rights
The rights of the dwellers extend to extracting Minor Forest Produce, grazing areas,
pastoralist routes, etc.
Relief and Development rights
Rehabilitation in case of illegal eviction or forced displacement and basic amenities,
subject to restrictions for forest protection.
Forest Management Rights
It includes the right to protect, regenerate or conserve or manage any community
forest resource which they have been traditionally protecting and conserving for
sustainable use.
8. Compensatory Afforestation Fund Act, 2016
The CAF Act was enacted to manage the funds collected for compensatory
afforestation. Compensatory afforestation means that when any organization uses
the land for non-forest purposes such as mining or setting up industry, the user
organization pays for the afforestation of an equal area of non-forest land, or twice
the area of degraded forest land.
4.2. International Advancements in Environmental Conservation
In the last 4 decades, lots of efforts are made by the international community to
protect and develop our environment. All the countries in the world have signed
different agreements for putting effort into environmental conservation. Following are
some important international advancements in environmental conservation.
Montreal Protocol
It was finalized in the year 1987 and adopted on 15 September 1987. It is a multilateral
environmental agreement, which was initially signed by 46 countries only, but later,
all 197 countries (UN Members) signed this protocol. This protocol regulates the
production and consumption of man-made chemicals (Ozon Depleting Substances)
which deplete the ozone layer. The ozone layer protects our earth by absorbing
ultraviolet radiation coming from the sun. UV radiation is responsible for skin cancer,
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transfer registers (PRTRs). All the UN member states can join this Protocol because it
is designed as an ‘open global treaty.’
Vienna Convention for the Protection of the Ozone Layer 1985
Initially, this convention was agreed upon in 1985 and it came into force on 22
September 1988. It is a multilateral agreement. Montreal protocol comes under this
convention. This convention was formed with the purpose of globally monitoring and
reporting on ozone depletion. This convention made structures for the improvement
of protocols and for taking more binding action.
Aarhus Convention
This United Nations Economic Commission for Europe (UNECE) Convention on Access
to Information, Public Participation in Decision-making, and Access to Justice in
Environmental Matters is often referred to as the Aarhus convention. It was adopted
on 25th January 1998, and it came into force in October 2001. Only 47 Parties have
ratified this Convention till 16 October 2017. In conjunction with its Kyiv protocol, it
also aims to protect every person’s right to live in an environment that is sufficient for
his/her health and well-being.
Basel Convention on the control of transboundary movements of hazardous
waste and their disposal 1989
Commonly it is known as the Basel Convention. The Basel Convention was adopted in
March 1989 in Basel, Switzerland. It is an international treaty that formulated plans
against the adverse effects of hazardous wastes to protect human health and the
environment.
Basically, it made a structure or a framework in such a way as to reduce the movement
of hazardous waste between the nations and to restrain the movement of waste from
developed countries to less developed countries because the less developed countries
are unable to dispose of the hazardous waste in an environment-friendly way and it
pollutes the environment tremendously.
Basel Ban Amendment 1995
This amendment intends to prohibit the export of hazardous/dumped waste for any
purpose to developing countries. After Croatia ratified this amendment on 6th
September 2019 it has become an International Law. It entered into force on 5th
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December 2019. The countries that haven’t ratified to this amendment are – the US,
Canada, Japan, Australia, New Zealand, South Korea, Russia, India, Brazil, and Mexico.
Berne Convention on the conservation of European wildlife and natural
habitats
This convention is a binding international legal instrument. The purpose of introducing
this convention is to protect and conserve the species of flora and fauna and also their
habitats.
Convention on Biological Diversity, 1992 (CBD)
This convention provides a legally binding framework, which came into force in 1993
with the purpose to conserve biodiversity and use biodiversity feasibly.
Convention on International Trade in Endangered Species of Wild Fauna
and Flora (CITES)
This convention is an international agreement between the countries and entered into
force in 1975 which aims to protect wildlife from over-exploitation due to international
trade related to leather goods, animals, or food.
Convention on Long-Range Transboundary Air Pollution (CLRTAP)
This convention came into force on 16th March 1983. This convention aims that the
contracting parties should make efforts to protect the environment against the adverse
effects of pollution, to ensure that the parties take several necessary steps to fight
against the release of air pollutants.
Convention on the Conservation of Migratory Species of Wild Animals (CMS)
This convention is an international treaty under the aegis of the United Nations
Environment Programme. It came into force on 1st November 1983. The primary focus
of this convention is to provide for the conservation and sustainable use of migratory
animals and their habitats.
Minamata Convention on Mercury
This convention is a global treaty and entered into force on 16 August 2017. The
objective of this convention is to protect humans and the environment from the
dangerous effects of mercury.
Ramsar Convention on Wetlands
This convention is an intergovernmental treaty adopted on 2nd February 1971. It
provides a framework for international and national cooperation by taking efforts
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towards the conservation and judicious/wise use of the wetlands. The conservation of
wetlands is important because they are the only source of biological diversity, which
provides water to the countless species of plants and animals who are depending on
wetlands for their survival.
Stockholm Convention on Persistent Organic Pollutants
This convention is a legally binding international treaty, which was adopted on 22nd
May 2001 in Sweden. Its objective is to protect human health and the environment
from the dangerous outcomes of organic pollutants (Pesticides, Industrial chemical,
Aldrin, etc.). POPs are chemicals that remain intact in the environment for long
periods, and it gets widely distributed in the overall area.
United Nations Framework Convention on Climate Change (UNFCCC)
It is an international environmental treaty, which was adopted on 9th May 1992. It is
also known as Rio de Janeiro Earth Summit or Rio summit. It is an agreement made
on climate change and mainly focuses on the prevention of dangerous actions or
interference by humans on climate change or on the environment.
World Heritage Convention
This convention was adopted by the United Nations Educational, Scientific and Cultural
Organisation (UNESCO) in 1972. The primary objective of this convention is to protect
the world’s natural and cultural heritage.
4.3. Role of The National Green Tribunal
The National Green Tribunal Act 2010 was established in concurrence with Rio Summit
1992 to provide judicial and administrative remedies for the pollutants and other
environmental damage victims. It also agrees with article 21, the Right to a healthy
environment for its citizens of the constitution.
The NGT is under obligation to dispose of the cases presented to it within 6 months
of their appeals. NGT has original jurisdiction on matters related to substantial
questions of the environment. The decisions of the NGT can be challenged in High
Courts and the Supreme Court.
NGT deals with civil cases under the 7 acts related to the environment:
1. Water (Prevention and Control of Pollution) Act, 1974
2. Water (Prevention and Control of Pollution) Cess Act, 1977
3. Forest Conservation Act, 1980
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of equal importance and forbids their killing. This perception went a long way toward
preserving biodiversity.
Indian traditions, customs, and religious beliefs enlighten us about the protection of
the flora and fauna. They teach us one fundamental principle of ecology, especially
that every living entity of the biosphere has its own important role in the flow of energy
and cycle of nutrients that keep the world going. Environmentalists, therefore, have
started realizing the significance of culture as a force for conservation and have
focused on traditional knowledge systems. Religious teachings and cultural traditions
could be used in a positive sense for the conservation of the environment and ecology.
4.6. Bio Assessment of Environmental Quality
According to the official definition of the United States Environmental Protection
Agency (EPA), bioassessment refers to the process of evaluating the biological
condition of a body of water using biological surveys (bio surveys) and other direct
measurements of the organisms living in the surface water, including fish, insects,
algae, plants, and others. They include measuring water quality indicators such as
dissolved oxygen, evaluating habitat conditions, and determining the health of aquatic
insect communities.
Biological communities are sensitive to stress, both natural and anthropogenic (caused
by human activities). When our actions adversely affect the environment, the
biological population will change, leading to an impaired or imbalanced community.
Biological monitoring allows us to directly assess waterbody health. It provides an
excellent way of prioritizing waterbodies for special protection, restoration, or
rehabilitation.
Methods of Bio Assessment
A biological survey is conducted to collect a representative sample of the biological
community found in the water body. For each site sampled specific attributes, known
as biological indicators, are compared to the conditions expected for that indicator
based on reference sites.
Biological indicators: The groups of organisms are used to assess the condition of
an environment. Depending on the type of waterbody being sampled, the biological
indicators used in biological surveys may include the following:
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As shown in figure 4.1, there are five main stages of an EMS, defined by the ISO
14001 standard.
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EIA Process
There are seven stages involved in the EIA process.
1. Screening
At this first stage screening on basis of the level of assessment (full or partial
assessment) of the projects is done.
2. Scoping
The impacts that are necessary to be assessed, are decided in this stage. While
doing so, legal requirements, international conventions, expert knowledge, and
public engagement are also considered. Alternative solutions to avoid or at least
reduce the adverse impacts of the project are also studied in this stage. Also, the
scope of alternative designs or sites is studied to avoid the environmental impacts
of the proposed project.
3. Assessment, Evaluation, and Development
The detailed assessment and evaluation of environmental impacts are done
through proper project analysis. Also, various alternatives are developed.
4. EIA Report
The EIA report has to include the likely significant environmental effects of the
development
5. Making an Application and Consultation
The EIA Report and development application must be publicized so that the
interested parties and the public can give their views on it.
6. Decision-Making
The EIA Report and any comments made on it must be considered by the
competent authority before deciding whether to give consent for the development.
The decision notice has to be published.
7. Monitoring and Compliance
Compliance is enforced by monitoring whether the predicted impacts and the
mitigation efforts are taking place as per the EMP.
4.8. Environmental Audit
The environmental impact assessment takes place prior to the implementation of a
project or development, whereas the environmental audit takes place after the
implementation of a project or development.
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References
1. https://blog.ipleaders.in/protect-improve-environment/
2. https://safetyculture.com/topics/environmental-audit/
3. https://unece.org/env/pp/protocol-on-prtrs-introduction
4. https://www.business-standard.com/about/what-is-air-quality-index
5. https://www.clearias.com/environmental-laws-india/
6. https://www.epa.gov/sites/default/files/2015-10/documents/keyterms-concepts-
factsheet.pdf
7. Knowledge Traditions and Practices of India, Module 5 – Indian Traditional
Knowledge of Environmental Conservation. Central Board of Secondary Education,
Delhi, India.
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