The Ministry continued with its activities aimed at creating a comprehensive legal and institutional infrastructure for safeguarding the environment. These include framing of rules, notification of standards, recognition of environmental laboratories, delegation of powers, identification of agencies for management of hazardous chemicals etc. The existing laws, rules etc. are also amended from time to time to make them more effective.
National Environment Appellate Authority Act, 1997
The National Environment Appellate Authority Act, which was granted presidential assent on 26th March, 1997 has come into force from 9.4.97. This Act provides for the establishment of a National Environment Appellate Authority to hear appeals with respect to restriction of areas in which any industry, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards under the Environment (Protection) Act, 1986 and for matters connected therewith or incidental thereto. This is to bring in transparency in the process, accountability and to ensure smooth and expeditions implementation of developmental schemes and projects. As per the provisions of the Act, the National Environment Appellate Authority has been set up with the following composition:
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1. Shri Justice N.G.Venkatachalaiah - Chairperson
(Former Judge of the Supreme Court)
2. Smt. Nirmala Buch - Vice-Chairperson
(Former Secretary to the Government of India)
3. Shri Mohinder Singh - Member
(Former Principal Secretary to the State Government of U.P.)
4. Shri Ejaz Malik - Member
(Former Principal Chief Conservator of Forests, Jammu and Kashmir)
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The National Environmental Tribunal Act
The National Environmental Tribunal Act, 1995 provides for strict liability for damages arising out of any accident occurring while handling any hazardous substance and for the establishment of a National Environment Tribunal for effective and expeditious disposal of cases arising from such accidents, with a view to giving reliefand compensation for damages to persons, property and the environment and for matters connected therewith or incidental thereto. Enforcement and setting up of tribunal benches at New Delhi, Mumbai, Calcutta and Chennai are under process.
Labelling of Environment Friendly Products
The scheme of labelling of Environment Friendly Products, provides accreditation and labelling for household and other consumer products which meet certain environmental criteria along with quality requirements of the Indian Standards Institute for that product. This label is known as ECOMARK. Any product which is made, used or disposed of in a way that significantly reduces the harm it would otherwise cause the environment could be considered as an Environment Friendly Product.Till date, 18 notifications have been issued by the Ministry on different products criteria. An Appreciation Programme on Ecomark was organized during 18th-19th November, 97.
Amendments to the EIA Notification, 1994
The EIA Notification has been amended on 10th April 1997 to provide for public hearing on the activities proposed to be undertaken and the procedure for the same as well as for delegating powers to the State Governments for according environmental clearance in respect of Specified Thermal Power Projects.
(Details of the amendments are given in Chapter 4)
Amendments to CRZ Notification
Taking into account the problems and difficulties faced while implementing the CRZ Notification of 1997 as well as the requirements which emerged during the finalisation of the CZMPs of the States, the CRZ Notification was amended in January 1997 and again in July 1997.
(Details of the amendments are given in Chapter 4)
Other Rules/Notifications/Amendments
Legal Action against Polluting Industries
The Central and State Pollution Control Boards and the Pollution Control Committees are responsible for taking legal action against polluting units in their respective States under the Water and Air Acts. The State-wise information regarding the number of cases filed by the CPCB, SPCB and PCCs is compiled and analysed on a quarterly basis at the Ministry. As on 31.10.1997 a total of 6624 cases have been filed by the SPCBs/CPCB under the Water and Air Acts. Out of these, 2947 cases have been decided and 3677 cases are pending in various courts.
Environmental Law component of the World Bank Aided Project on Capacity Building
One of the components of the World Bank assisted India Environment Management Capacity Building Technical Assistance Project is strengthening the implementation of Environmental Law in India. The Ministry of Environment and Forests is the implementing agency for this component, which attempts to strengthen the following:
A Memorandum of Understanding has been signed between the Ministry of Environment and Forests and the National Law School of India University, Bangalore on 8-9-1997 for implementing the project. In this connection NLSIU had organised a take off Workshop in December, 1997 and a Seminar in January 1998 at Bangalore.
Under the scheme Assistance for Abatement of Pollution , the Central Government provides financial assistance to the SPCBs and to the State/UT Departments of Environment for procurement of scientific equipment and for specific studies and projects that are required to be completed within a specific time frame to meet the objectives of the Policy Statement for Abatement of Pollution. An amount of Rs. 80.00 lakhs has been provided to the SPCBs and the State Departments of Environment under this scheme during the year.