Environmental Laws and Acts – Environmental Education – CDMEnvironmental Laws and Acts

Environmental laws

In the Constitution of India it is clearly stated that it is the duty of the state to ‘protect and improve the environment and to safeguard the forests and wildlife of the country’. It imposes a duty on every citizen ‘to protect and improve the natural environment including forests, lakes, rivers, and wildlife’.

The Department of Environment was established in India in 1980 to ensure a healthy environment for the country. This later became the Ministry of Environment and Forests in 1985. The constitutional provisions are backed by a number of laws – acts, rules, and notifications. The EPA (Environment Protection Act), 1986 came into force soon after the Bhopal Gas Tragedy and is considered an umbrella legislation as it fills many gaps in the existing laws.

General

1986 - The Environment (Protection) Act authorizes the central government to protect and improve environmental quality, control and reduce pollution from all sources, and prohibit or restrict the setting and / or operation of any industrial facility on environmental grounds.

1986 - The Environment (Protection) Rules: lay down procedures for setting standards of emission or discharge of environmental pollutants.

1989 - Hazardous Waste (Management and Handling) Rules: to control the generation, collection, treatment, import, storage, and handling of hazardous waste.

1989 - The Manufacture, Storage, and Import of Hazardous Rules : define the terms used in this context, and sets up an authority to inspect, once a year, the industrial activity connected with hazardous chemicals and isolated storage facilities.

1989 - The Manufacture, Use, Import, Export, and Storage of hazardous Microorganisms/ Genetically Engineered Organisms or Cells Rules: to protect the environment, nature, and health, in connection with the application of gene technology and microorganisms.

1991 - The Public Liability Insurance Act and Rules and Amendment 1992: to provide for public liability insurance for the purpose of providing immediate relief to the persons affected by accident while handling any hazardous substance.

1995 - The National Environmental Tribunal Act: to award compensation for damages to persons, property, and the environment arising from any activity involving hazardous substances.

1997 - The National Environment Appellate Authority Act  has been created to hear appeals with respect to restrictions of areas in which classes of industries etc. are carried out or prescribed subject to certain safeguards under the EPA.

1998 - The Biomedical waste (Management and Handling) Rules is a legal binding on the health care institutions to streamline the process of proper handling of hospital waste such as segregation, disposal, collection, and treatment.

1999 - The Environment (Siting for Industrial Projects) Rules lay down detailed provisions relating to areas to be avoided for siting of industries, precautionary measures to be taken for site selecting as also the aspects of environmental protection which should have been incorporated during the implementation of the industrial development projects.

2000 - The Municipal Solid Wastes (Management and Handling) Rules apply to every municipal authority responsible for the collection, segregation, storage, transportation, processing, and disposal of municipal solid wastes.

2000 - The Ozone Depleting Substances (Regulation and Control) have been laid down for the regulation of production and consumption of ozone depleting substances.

2001 - The Batteries (Management and Handling) Rules shall apply to every manufacturer, importer, re-conditioner, assembler, dealer, auctioneer, consumer, and bulk consumer involved in the manufacture, processing, sale, purchase, and use of batteries or components so as to regulate and ensure the environmentally safe disposal of used batteries.

2002 - The Noise Pollution (Regulation and Control) (Amendment) Rules lay down such terms and conditions as are necessary to reduce noise pollution, permit use of loud speakers or public address systems during night hours (between 10:00 p.m. to 12:00 midnight) on or during any cultural or religious festive occasion

2002 - The Biological Diversity Act is an act to provide for the conservation of biological diversity, sustainable use of its components, and fair and equitable sharing of the benefits arising out of the use of biological resources and knowledge associated with it

Forest and wildlife

1927 - The Indian Forest Act and Amendment, 1984 is one of the many surviving colonial statutes. It was enacted to ‘consolidate the law related to forest, the transit of forest produce, and the duty leviable on timber and other forest produce’.

1972 - The Wildlife Protection Act, Rules 1973 and Amendment 1991 provides for the protection of birds and animals and for all matters that are connected to it whether it be their habitat or the waterhole or the forests that sustain them.

1980 - The Forest (Conservation) Act and Rules, 1981,

The Forest (Conservation) Act and Rules, 1981 provides for the protection of the conservation of the forests.

Water

1882 - The Easement Act allows private rights to use a resource that is, groundwater, by viewing it as an attachment to the land. (all surface water belongs to the state and is a state property).

1897 - The Indian Fisheries Act establishes two sets of penal offences whereby the government can sue any person who uses dynamite or other explosive substance in any way (whether coastal or inland) with intent to catch or destroy any fish or poisonous fish in order to kill.

1956 - The River Boards Act enables the states to enroll the central government in setting up an Advisory River Board to resolve issues in inter-state cooperation.

1970 - The Merchant Shipping Act aims to deal with waste arising from ships along the coastal areas within a specified radius.

1974 - The Water (Prevention and Control of Pollution) Act establishes an institutional structure for preventing and abating water pollution. It establishes standards for water quality and effluent. Polluting industries must seek permission to discharge waste into effluent bodies. The CPCB (Central Pollution Control Board) was constituted under this act.

1977 - The Water (Prevention and Control of Pollution) Cess Actprovides for the levy and collection of cess or fees on water consuming industries and local authorities.

1978 - The Water (Prevention and Control of Pollution) Cess Rules contains the standard definitions and indicate the kind of and location of meters that every consumer of water is required to affix.

1991 - The Coastal Regulation Zone Notification puts regulations on various activities, including construction, are regulated. It gives some protection to the backwaters and estuaries.

Air

1948 – The Factories Act and Amendment in 1987 was the first to express concern for the working environment of the workers. The amendment of 1987 has sharpened its environmental focus and expanded its application to hazardous processes.

1981 - The Air (Prevention and Control of Pollution) Act  for the control and abatement of air pollution. It entrusts the power of enforcing this act to the CPCB.

1982 - The Air (Prevention and Control of Pollution) Rules defines the procedures of the meetings of the Boards and the powers entrusted to them.

1982 - The Atomic Energy Act deals with the radioactive waste.

1987 - The Air (Prevention and Control of Pollution) Amendment Act empowers the central and state pollution control boards to meet with grave emergencies of air pollution.

1988 - The Motor Vehicles Act states that all hazardous waste is to be properly packaged, labelled, and transported.

Environmental education

Environmental education (EE) refers to organized efforts to teach about how natural environments function and, particularly, how human beings can manage their behavior and ecosystems in order to live sustainably.

EE focuses on:

§  Awareness and sensitivity about the environment and environmental challenges

§  Knowledge and understanding about the environment and environmental challenges

§  Attitude concern for the environment and help to maintain environmental quality

§  Skills to mitigate the environmental problems

§  Participation for exercising existing knowledge and environmental related programs.

Clean Development Mechanism (CDM) 

The Clean Development Mechanism (CDM), defined in Article 12 of the Koyoto Protocol, allows a country with an emission-reduction or emission-limitation commitment under the Kyoto Protocol (Annex B Party) to implement an emission-reduction project in developing countries. Such projects can earn saleable certified emission reduction (CER) credits, each equivalent to one tonne of CO2, which can be counted towards meeting Kyoto targets.

The mechanism is seen by many as a trailblazer. It is the first global, environmental investment and credit scheme of its kind, providing a standardized emissions offset instrument, CERs.

A CDM project activity might involve, for example, a rural electrification project using solar panels or the installation of more energy-efficient boilers.

The mechanism stimulates sustainable development and emission reductions, while giving industrialized countries some flexibility in how they meet their emission reduction or limitation targets

Operating details of the CDM

A CDM project must provide emission reductions that are additional to what would otherwise have occurred. The projects must qualify through a rigorous and public registration and issuance process. Approval is given by the Designated National Authorities. Public funding for CDM project activities must not result in the diversion of official development assistance.

The mechanism is overseen by the CDM Executive Board, answerable ultimately to the countries that have ratified the Kyoto Protocol.

Operational since the beginning of 2006, the mechanism has already registered more than 1,650 projects and is anticipated to produce CERs amounting to more than 2.9 billion tonnes of CO2 equivalent in the first commitment period of the Kyoto Protocol, 2008–2012

Environmental modification is as old as the history of human development. In the last century, development and modification have come much faster then ever before. While it took a few thousand years for man to pass from Paleolithic to Neolithic tools, it has taken less than a century to modify conventional weaponry to nuclear devices. Development has been so rapid that nature has not had time to adapt to these changes and to human requirement and greed.

The last century has seen an unmanageable increase in population, placing a tremendous burden on natural resources. There is not enough food for the world’s hungry. Also, the earth itself is worn out due to excessive farming, use of chemicals and pesticides and excessive use of ground water. Water resources are badly polluted and emission of toxic fumes from industry and vehicles has deprived us of clean air. Industrialisation and a growing consumer economy have led to the creation of huge megapolises with their problems of undisposed garbage and uncontrolled sewage.

To combat these problems, world bodies like the United Nations and the World Commission on Environment and Development have been formulating ideas for environmental protection and sustainable development. Several international conferences have been held on this subject, starting with the first one in Tbilisi in 1977 to the Earth Summit in Rio de Janeiro, the Population Summit at Copenhagen, the world Summit on Sustainable Development in Johannesburg and several others. It is clearly evident that 25 years after the first conference in Tbilisi, there has not been an appreciable change in lifestyles or the level of awareness. Countries have put their own interests ahead of environmental protection and the future of coming generations.

The crying need of the hour is to educate the public and make them aware of their rights as citizens of this country to a clean environment, to clean water, clean air and clean surroundings.

a. Reduce fertility rates and control population, reducing pressure on natural resources;
b. Phase out non-renewable inputs – in energy, agriculture and industry
c. Educate and inform the people about the gains of environmental protection and sustainable development.

Afforestation is the establishment of a forest or stand of trees in an area where there was no forest. Reforestation is the reestablishment of forest cover, either naturally (by natural seeding, coppice, or root suckers) or artificially (by direct seeding or planting). Many governments and non-governmental organizations directly engage in programs of afforestation to create forests, increase carbon capture and sequestration, and help to anthropogenically improve biodiversity. (In the UK, afforestation may mean converting the legal status of some land to "royal forest".) Special tools, e.g. tree planting bar, are used to make planting of trees easier and faster.

In areas of degraded soil

In some places, forests need help to reestablish themselves because of environmental factors. For example, in arid zones, once forest cover is destroyed, the land may dry and become inhospitable to new tree growth. Other factors include overgrazing by livestock, especially animals such as goats, cows, and over-harvesting of forest resources. Together these may lead to desertification and the loss of topsoil; without soil, forests cannot grow until the long process of soil creation has been completed - if erosion allows this. In some tropical areas, forest cover removal may result in a duricrust or duripan that effectively seal off the soil to water penetration and root growth. In many areas, reforestation is impossible because people are using the land. In other areas, mechanical breaking up of duripans or duricrusts is necessary, careful and continued watering may be essential, and special protection, such as fencing, may be needed.

Reducing Emissions from Deforestation and Forest Degradation (REDD) is a set of steps designed to use market/financial incentives in order to reduce the emissions of greenhouse gases from deforestation and forest degradation. Its original objective is to reduce green house gases but it is claimed that it can deliver "co-benefits" such as biodiversity conservation and poverty alleviation.^[2]. It has been criticized for ignoring the rights of indigenous peoples, for relying on failing carbon markets for its success, and for depending on uncertain science in setting levels of compensation.

"Reducing emissions from deforestation and forest degradation" implies a distinction between the two activities. The process of identifying the two is what raises questions about how to measure each within the REDD mechanism, therefore their distinction is vital. Deforestation is the permanent removal of forests and withdrawal of land from forest use. Forest degradation refers to negative changes in the forest area that limit its production capacity.

REDD is sometimes presented as an "offset" scheme of the carbon markets and thus, would produce carbon credits. Carbon offsets are “emissions-saving projects or programmes” that in theory would “compensate” for the polluters’ emissions. The “carbon credits” generated by these projects could then be used by industrialised governments and corporations to meet their targets and/or to be traded within the carbon markets. However, this perspective on REDD+ is contested and hotly debated among economists, scientists and negotiators. Recent studies indicate such an offset approach based on projects would significantly increase the transaction costs associated to REDD+ and would actually be the weakest alternative for a national REDD+ architecture as regards effectiveness, efficiency, its capacity to deliver co benefits (like development, biodiversity or human rights) and its overal political legitimacy.

In recent years, estimates for deforestation and forest degradation were shown to account for 20-25% of greenhouse gas emissions, higher than the transportation sector. Recent work shows that the combined contribution of deforestation, forest degradation and peat land emissions accounts for about 15% of greenhouse gas emissions, about the same as the transportation sector. Even with these new numbers it is increasingly accepted that mitigation of global warming will not be achieved without the inclusion of forests in an international regime. As a result, it is expected to play a crucial role in a future successor agreement to the Kyoto Protocol. Most of the afforestation is conducted with non-native species, leading to habitat destruction for native flora and fauna, and resulting in an accelerated loss of biodiversity