Water (Prevention and Control of Pollution) Act, 1974

Objective of the Act

The Act aims to:
 Prevent and control water pollution.
 Maintain or restore the wholesomeness of water.
 Establish Boards to implement these objectives effectively.

Key Provisions and Responsibilities

Entities governed by the Act must comply with the following:
Responsibilities of the Occupier
1. Obtain Permissions:
 Consent to Establish: Before beginning operations.
 Consent to Operate: Prior to starting activities that may impact water quality.
 Renewal of Consent: Apply for renewal before the validity period expires.
2. Deemed Consent:
 Consent is deemed automatically granted after four months from the date of
application if no decision is communicated.
 Refusal of consent must be recorded in writing.
3. Compliance and Monitoring:
 Provide information and access to the State Pollution Control Board (SPCB) for
inspections and sampling.
 Install water meters that meet prescribed standards.
4. Payment Obligations:
 Pay the Water Cess as per the assessment order.
 Pay interest for delayed payments and penalties for non-payment.
 Industries meeting specific conditions are eligible for a 25% rebate on the Water
Cess.

Definitions
Occupier
 Refers to a person who has control over the affairs of a factory or premises.
 Includes individuals possessing substances causing pollution.
Pollution
 Contamination or alteration of water’s physical, chemical, or biological properties.
 Includes discharges of sewage, trade effluent, or other substances that:
o Are harmful to public health or safety.
o Affect legitimate uses like domestic, industrial, agricultural, or commercial.
o Harm aquatic organisms, animals, plants, or the environment.
Air (Prevention and Control of Pollution) Act, 1981
Introduction to the Air Act
The Air (Prevention and Control of Pollution) Act, 1981 (commonly referred to as the "Air Act") was
established to address the growing concern of air pollution. Its primary objectives include:
I. Prevention, Control, and Abatement of Air Pollution: The Act is designed to reduce air
pollution by regulating emissions and pollutants.
II. Establishment of Pollution Control Boards: Boards at both the Central and State levels are
created to oversee and enforce the provisions of the Act.
III. Declaration of Air Pollution Control Areas: After consulting with the State Pollution Control
Boards (SPCBs), the State Government can designate specific areas as air pollution control
areas.
The Act also established ambient air quality standards to combat air pollution. It prohibits the use of
certain polluting fuels and substances while regulating devices that cause emissions, aiming to
maintain cleaner air.
Responsibilities under the Air Act
Entities must comply with several critical responsibilities, including:
1. Consent Requirements:
o Consent to Establish: Obtain consent from the SPCB before setting up industrial
units.
o Consent to Operate: Obtain permission from the SPCB before beginning operations.
o Renewal of Consent: Apply for renewal of the "Consent to Operate" before its
expiry.
2. Compliance with Emission Standards:
o Ensure that emissions do not exceed the prescribed limits set by the SPCB.
3. Reporting and Information Sharing:
o Accidents or Unforeseen Events: Report any accidents or unforeseen events to the
SPCB that could lead to pollution.
o Provision of Information: Provide necessary data to the SPCB to help implement the
Act.
o Access for Sampling: Grant access to the SPCB for sample collection to monitor
emissions.
4. Inspection and Compliance:
o Inspection Notices: The SPCB must provide a prior "Notice of Inspection" before
conducting an inspection.
o Cooperation with SPCB: Allow the SPCB to enter the premises to ensure compliance
with the Act.
o Emission Sampling: Ensure that the specified emission sampling procedures are
followed as directed by the SPCB.
5. Objection Filing:
o Objections to Notices: In case of any dispute, the industry can file objections within
15 days of receiving a notice from the SPCB.
o SPCB's Written Reasons: If the SPCB does not allow objections, it must provide
written reasons for the decision.
6. Deemed Consent:
o If the SPCB does not respond within four months from the date of receiving an
application, the consent is deemed granted.
Environmental Protection Act, 1986
1. Introduction to the Environmental Protection Act, 1986
 The Environment Protection Act, 1986 (commonly referred to as the "Environment Act") was
established to safeguard and enhance the environment.
 It serves as an umbrella legislation, coordinating with earlier laws such as:
o Water (Prevention and Control of Pollution) Act, 1974
o Air (Prevention and Control of Pollution) Act, 1981
 Focuses on developing long-term strategies for environmental safety and providing an
efficient response system to environmental threats.

2. Definition of Environment (Section 2(a))

 The term "environment" has been broadly defined and includes:
o Water, air, and land
o Interrelationships between water, air, land, humans, animals, plants,
microorganisms, and property.

S.N Powers of the Central Description

o Government
1 Set Standards for Emissions Establish pollution limits for industries and activities.
and Discharges
2 Regulate Industrial Locations Control where industries can operate.
3 Manage Hazardous Wastes Ensure proper handling and disposal of hazardous materials.
4 Protect Public Health and Develop regulations that prioritize public health and ecological
Welfare balance.
5 Issue Notifications and Designate ecologically sensitive areas and provide specific
Guidelines instructions for preserving environmental quality.

S.N Responsibilities under the Description

o Act of entity
1 Adherence to Directions Follow instructions from the Central Government, including closure or
regulation of industries and suspension or control of essential services.
2 Control of Pollution Prevent emissions or discharges that exceed prescribed standards.
3 Accident Reporting Inform authorities of any accidental or unforeseen events affecting the
environment.
4 Facilitate Inspections Permit authorized personnel to inspect facilities for compliance.
5 Sample Collection Allow officials to collect environmental samples for testing.
6 Annual Environmental Submit a yearly environmental report to the State Pollution Control Board
Statement (SPCB).
7 Environmental Clearances Obtain prior clearance from the Ministry of Environment and Forests
(MoEF) for specified activities.
Public Liability Insurance Act, 1991
1. Introduction to the Public Liability Insurance Act, 1991
 The Public Liability Insurance Act, 1991 ensures compensation to victims affected by
accidents involving hazardous substances.
 It provides a safety net for the owners of facilities handling hazardous substances, shielding
them from heavy financial penalties.
 The Act mandates compulsory third-party insurance to cover liabilities arising from
accidents.

2. Key Objectives
1. Compensation to Victims
o Provide relief to individuals suffering death, injury, or property damage due to
accidents involving hazardous substances.
2. Accountability of Owners
o Hold owners responsible for providing immediate compensation, even without fault
being proven.
3. Environmental Protection
o Support environmental relief initiatives by creating a dedicated Environmental Relief
Fund.

3. Applicability of the Act

 Applies to owners involved in the production, storage, or handling of hazardous substances.
 Coverage includes accidents causing:
o Death or injury to individuals (other than workmen).
o Damage to property.

4. Responsibilities of the Owner

1. Mandatory Insurance
o Owners must procure insurance policies before handling hazardous substances.
o The insurance coverage must be more than the paid-up capital but less than ₹50
crores.
o Paid-up Capital refers to the market value of all assets and stocks at the time of
obtaining insurance.
2. Compensation Based on the Principle of "No Fault"
o Relief must be provided without proving negligence or fault on the owner’s part.
3. Contribution to the Environmental Relief Fund
o Additional payments by owners to support environmental recovery in case of
accidents.
4. Provide Information and Compliance
o Furnish necessary information to authorities to ensure compliance.
o Allow inspections to verify adherence to the Act.
5. Obey Collector’s Orders
o Pay compensation or awards as directed by the Collector, who is responsible for
verifying accidents and deciding relief measures.
6. Follow Central Government Directions
o Comply with instructions such as:
  Prohibition or regulation of hazardous substance handling.
 Suspension or regulation of essential services like electricity and water.

5. Key Features of Compliance

 The Act ensures:
o Prompt relief to affected parties without lengthy litigation.
o Environmental safety by penalizing negligence.
o Owners are prepared financially for accidental liabilities through compulsory
insurance.

National Green Tribunal Act, 2010

1. Introduction to the National Green Tribunal Act, 2010
 Enacted as Act No. 19 of 2010, the National Green Tribunal Act (NGT Act) aims to provide a
specialized legal forum for the protection of the environment, conservation of forests, and
enforcement of legal rights related to the environment.
 The Act establishes the National Green Tribunal (NGT) to ensure effective and speedy
disposal of environmental disputes and grant relief and compensation for damages to
persons and property.

2. Structure of the NGT

 The Tribunal comprises:
o A Chairperson, who is a sitting or retired judge of the Supreme Court.
o Judicial Members and Expert Members with specialized knowledge in
environmental issues.
 The Tribunal has its headquarters in Delhi and regional benches at Bhopal, Pune, Kolkata,
and Chennai.

3. Objectives of the NGT

1. Speedy Disposal of Environmental Cases
o Resolve pending cases and ensure prompt action in new disputes related to
environmental protection and natural resource conservation.
2. Enforcement of Environmental Rights
o Uphold legal rights concerning the environment.
3. Relief and Compensation
o Provide appropriate relief and compensation to individuals affected by
environmental damage.

4. Jurisdiction of the NGT

 The NGT deals with civil cases related to environmental protection and enforcement of laws
under the following seven acts:
1. The Water (Prevention and Control of Pollution) Act, 1974
2. The Water (Prevention and Control of Pollution) Cess Act, 1977
3. The Forest (Conservation) Act, 1980
4. The Air (Prevention and Control of Pollution) Act, 1981
5. The Environment (Protection) Act, 1986
6. The Public Liability Insurance Act, 1991
7. The Biological Diversity Act, 2002
5. Powers of the NGT
1. Procedural Independence
o The Tribunal is not bound by the Code of Civil Procedure, 1908. Instead, it follows
principles of natural justice.
2. Civil Court Powers
o The NGT has powers equivalent to a civil court in matters under its jurisdiction.
3. Guiding Principles
o Decisions are guided by principles of:
 Sustainable development: Balancing environmental protection with
economic growth.
 Polluter Pays Principle: Ensuring the party responsible for pollution bears
the cost of environmental restoration.
4. Order Enforcement
o Strong mechanisms to ensure compliance with its orders.
o Power to impose penalties and fines for non-compliance.
5. Appeals and Reviews
o Dissatisfied parties can seek:
 Review of the decision under Rule 22 of the NGT Rules.
 Appeal to the Supreme Court within 90 days of the order.

6. Advantages of the NGT

 Specialized Tribunal
o Dedicated forum for environmental matters ensures informed and focused decision-
making.
 Expedited Processes
o Faster resolution compared to conventional courts.
 Enforcement Mechanism
o Robust systems to ensure compliance with orders.
 Accessible Appeals
o Provision for judicial review and appeal to the Supreme Court enhances
transparency.