ENVIRONMENTAL REGULATIONS IN INDIA : PROGRESS TOWARDS SDG2030

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Dr Shalini Sharma
CEO
Krystahl (
A JV of Sanshodhan & ICE&SDGs)
INDIA
EMAIL: KRYSTAHL007@GMAIL.COM 

BACKGROUND

Environment is defined as the total planetary inheritance and the totality of all resources. It includes all the biotic and abiotic factors that influence each other. India has made a substantial effort in attempting to address environmental challenges. It has enacted stringent environmental legislation and has created institutions to monitor and enforce legislation. The National Environmental Policy (NEP) recognizes the value of harnessing market forces and incentives as part of the regulatory toolkit, and India is one of only three countries worldwide which has established a Green Tribunal to exclusively handle environmental litigation. (World Bank, 22/9/2011).

As the Water (Prevention and Control of Pollution) Act and the Air (Prevention and Control of Pollution) Act were designed to deal with only water and air pollution problems, it was in the year 1986 that the Parliament enacted a comprehensive or umbrella legislation for environment in its entirety. This is the Environment (Protection) Act, 1986. 

Since then, there are various guidelines, and regulations in India, to protect the environment, prevent climate change and safeguard environmental resources. Key rules and regulations are listed below.

A. RULES (UMBRELLA)
  • Environment (Protection) Act, 1986  and amendments thereon
  • Notifications under EPA 1986 (total 20 and Schedule-1 providing Standards of emissions/ discharge from 114 industry sectors; Schedule II to VII; Notifications i-xiv) 
  • Coastal Regulation Zone (CRZ) Notification (as amended to date).
B. LAND
  • Mining and Mineral Development Regulation Act 1957
  • Mines and Mineral (Regulation and Development) Act
  • The Industrial Development and Regulation Act
  • Atomic Energy Act 

C. WATER
  • Water (Prevention and Control of Pollution) Act, 1974
  • Water (Prevention and Control of Pollution) Cess Act, 1977

D. AIR
  • Air (Prevention and Control of Pollution) Act, 1981
  • The Air (Prevention and Control of Pollution) Rules, 1982 (as amended to date)
  • The Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983
  • Notifications under the Air (Prevention and Control of Pollution) Act, 1981, - National ambient air quality standards, Declaration of air pollution control areas, Appellate Authority under the act 1981 

E. ENVIRONMENT & FOREST, BIODIVERSITY AND BLUE ECONOMY - ACTS 
  • Indian Forests Act 1927
  • Forest (Conservation) Act, 1980 
  • Wildlife (Protection) Act, 1972
  • Wetland (Conservation and Management) Rules, 2010
  • Fisheries Act 1897
  • Prevention of cruelty to animals, 1960
  • Biological Diversity Act, 2002
  • The Biological Diversity Rules, 2004
  • Forest (Conservation) Act, 1980
  • The Wetlands (Conservation and Management) Rules, 2017.

 ENVIRONMENT & FOREST, BIODIVERSITY AND BLUE ECONOMY - POLICIES
  • National Forest Policy
  • National Conservation Strategy and Policy statement on Environment and Development
  • National Policy and macro-level action strategy on Biodiversity
  • National Biodiversity Action Plan (2009)
  • National Agriculture Policy
  • National Water Policy
  • National Environment Policy (2006)
F. CLEARANCES : INDUSTRIAL OPERATIONS 
  • Environmental Impact Assessment Notification, 1994, amended to,
  • Environmental Impact Assessment Notification, 2006 (supersession of 1994  Notification)
  • The Factories Act.

G. PLASTIC POLLUTION
  • The Plastic Waste Management Rules, 2016
  • Plastic Waste Management (Amendment) Rules, 2022  (for EPR)
  • Plastic Waste Management (Second Amendment) Rules, 2022 (to phase out single use plastic from 1 Jul2022)

H. ELECTRONIC POLLUTION
  • The E-Waste (Management) Rules, 2016, amended to
  • E-Waste (Management) Rules, 2022 and Amendment released in Nov. 2022.

I. HAZARDOUS WASTE POLLUTION
  • Hazardous Wastes (Management and Handling) Rules, 1989
  • The Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016
  • The Manufacture, Use, Import, Export and Storage of Hazardous Micro- Organisms/Genetically Engineered Organisms or Cells Rules, 1989
  • The Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 (as amended to date)
  • The Bio-Medical Waste Management Rules, 2016

J. OTHER POLLUTION MANAGEMENT 
  • The Solid Waste Management Rules, 2016 (as amended to date)
  • The Construction and Demolition Waste Management Rules, 2016
  • The Regulation of Lead Contents in Household and Decorative Paints Rules, 2016
  • The Regulation of Polychlorinated Biphenyls Order, 2016
  • The Regulation of Persistent Organic Pollutants Rules, 2018
  • The Batteries (Management and Handling) Rules, 2001 
  • Battery Waste (Management and Handling) Rules, 2022
  • The Noise Pollution (Regulation and Control) Rules, 2000 (as amended to date)
  • The Ozone Depleting Substance (Regulation and Control) Rules, 2000 (as amended to date)
  • The Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996. (as amended to date).

K. SCHEMES FOR BETTERMENT @ENVIRONMENT
  • Scheme on Labelling of Environment Friendly Products (Eco-Mark) (as amended to date)
L. ACTION PLANS / GUIDELINES ON CIRCULAR ECONOMY
  • Circular Economy - Toxic and Hazardous Industrial Waste (DoC&P)
  • Circular Economy - Agricultural waste (MoA&FW)
  • Circular Economy - Tyre and Rubber Recycling (DPIIT)
  • Circular Economy - End of life vehicles (ELVs) (MRT&H)
  • Circular economy in Electronics & Electrical Sector, Policy Paper 2021-22 (MEITY)
  • Circular Economy - Municipal Solid and Liquid Waste (MoHUA)
  • Circular Economy - Scrap metals (Ministry of Steels)
  • Circular Economy - Lithium Ion Batteries (Niti Aayog)
  • Circular Economy - Solar Panels (MNRE)
  • Circular Economy - Gypsum (DPIIT)
  • Circular Economy - Used Oil waste (MoP&NG)

AUTHORITIES IN ACTION

Authorities under: Wildlife Crime Control Bureau; National Plan for Conservation of Aquatic Eco-System; National Green Tribunal Act, 2010; National Environment Tribunals Act, 1995; The National Green Tribunal (Practice and Procedure) Rules, 2011; National Environment Appellate Authority Act, 1997; Public Liability Insurance Act, 1991 & The Public Liability Insurance Rules, 1991 are active. Authorities perform according to these acts. 
Central Pollution Control Board (CPCB) and State Pollution Control Board (SPCB) are central and state level regulatory authorities, aim and enable the implementation of these rules and regulations in India. 


SIGNIFICANCE OF BLOG @ICE&SDGs
It's a huge list of regulations in India, though monitoring systems need to be implemented and strengthened. India should have a factual data-backed, easy & accessible, single window clearance system. 

Clean & green India and Swacch Bharat Mission is just possible, if this regulation gets implemented effectively on the ground and data made available the researchers to progress their implementable research, as well to the public for due diligence, and for showcasing the status of compliance, across India. 

This will ease out the operations for regulatory authorities, related departments and industries in India.

Copyright@Krystahl
Date: 1 Jan2023
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