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General Environmental Acts Translat e t o

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1. General Environment al Act s


i. T he Environment (Prot ect ion) Act ,1986
ii. T he Biological Diversit y Act 2002 and Biological Diversit y Rules
iii. T he Public Liabilit y Insurance Act and Rules 1991 and Amendment , 1992
iv. T he Nat ional Environment al Tribunal Act ,1995, Amendment 2010
v. Nat ional Green Tribunal Act , 2010
vi. T he Nat ional Environment Appellat e Aut horit y Act ,1997
vii. T he Biomedical wast e (Management and Handling) Rules,1998
viii. T he Environment (Sit ing for Indust rial Project s) Rules, 1999
ix. T he Municipal Solid Wast es (Management and Handling) Rules, 2000
x. T he Ozone Deplet ing Subst ances (Regulat ion and Cont rol) Rules, 2000
xi. T he Bat t eries (Management and Handling) Rules, 2001
xii. T he Noise Pollut ion (Regulat ion and cont rol) (Amendment ) Rules, 2010
2. Relat ed Resources

General Environmental Acts


The Environment (Protection) Act,1986
The Environme nt (Prote ction) Act, 1986 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. T he
Environment (Protection) Act was enacted in 1986 with the objective of providing for the protection and improvement of the environment. It
empowers the Central Government to establish authorities charged with the mandate of preventing environmental pollution in all its forms and to
tackle specific environmental problems that are peculiar to different parts of the country. T he Act was last amended in 1991.
T he Environment (Protection) Rules lay down procedures for setting standards of emission or discharge of environmental pollutants.
T he objective of Hazardous Waste (Management and Handling) Rules, 1989 is to control the generation, collection, treatment, import, storage, and
handling of hazardous waste.
T he 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.
T he Manufacture, Use, Import, Export, and Storage of hazardous Micro-organisms/ Genetically Engineered Organisms or Cells Rules,1989 were
introduced with a view to protect the environment, nature, and health, in connection with the application of gene technology and micro-organisms.

For more informat ion, visit Environment (Prot ect ion) Act 1986

The Biological Diversity Act 2002 and Biological Diversity Rules


T he Biological Diversit y Act 2002 and Biological Diversit y Rules provide for t he conservat ion of biological diversit y, sust ainable use of it s component s, and fair
and equit able sharing of t he benefit s arising out of t he use of biological resources and knowledge associat ed wit h it .

Its key provisions aimed at achieving the above are:

Prohibition on transfer of Indian genetic material outside the country, without specific approval of the Indian Government;
Prohibition on anyone claiming an Intellectual Property Right (IPR), such as a patent, over biodiversity or related knowledge, without permission of
the Indian Government;
Regulation of collection and use of biodiversity by Indian nationals, while exempting local communities from such restrictions;
Measures for sharing of benefits from the use of biodiversity, including transfer of technology, monetary returns, joint Research & Development,
joint IPR ownership, etc.;
Measures to conserve and sustain-ably use biological resources, including habitat and species protection, Environmental Impact Assessments
(EIAs) of projects, integration of biodiversity into the plans, programmes, and policies of various departments/sectors;
Provisions for local communities to have a say in the use of their resources and knowledge, and to charge fees for this; Protection of indigenous
or traditional knowledge, through appropriate laws or other measures such as registration of such knowledge;
Regulation of the use of genetically modified organisms; Setting up of National, State, and Local Biodiversity Funds, to be used to support
conservation and benefit-sharing;
Setting up of Biodiversity Management Committees (BMC) at local village level, State Biodiversity Boards (SBB) at state level, and a National
Biodiversity Authority (NBA).

The Public Liability Insurance Act and Rules 1991 and Amendment, 1992
T he Public Liabilit y Insurance Act and Rules 1991 and Amendment , 1992 were drawn up to provide for public liabilit y insurance for t he purpose of providing
immediat e relief to t he persons affect ed by accident while handling any hazardous subst ance. For more informat ion visit Public Liabilit y Insurance
Act (68.5)

The National Environmental Tribunal Act,1995, Amendment 2010


T he Act has been creat ed to award compensat ion for damages to persons, propert y, and t he environment arising from any act ivit y involving hazardous
subst ances. T he t hree major object ives of t he Green Tribunal are

T he effective and speedy disposal of the cases relating to environment protection and conservation of forests and other natural resources. All
the previous pending cases will also be heard by the Tribunal.
It aims at enforcing all the legal rights relating to the environment
It also accounts for providing compensation and relief to effected people for damage of property.

T he salient features of amendment are as follows:

Amendment provides an equal opportunity to any citizen of India to approach the National Green Tribunal.
It ensures that the tribunal takes into consideration principles of Sustainable Development, Precautionary principles, Polluter Pays Principles and
Inter generational Equity while hearing any appeal and giving judgements.

For more informat ion visit Nat ional Environment al Tribunal Act (154KB)

National Green Tribunal Act, 2010


Under t he Nat ional Green Tribunal Act 2010 for effect ive and expedit ious disposal of cases relat ing to environment al prot ect ion and conservat ion of forest s
and ot her nat ural resources including enforcement of any legal right relat ing to environment and giving relief and compensat ion for damages to persons and
propert y and for mat t ers connect ed t herewit h or incident al t hereto. It is a specialized body equipped wit h t he necessary expert ise to handle environment al
disput es involving mult idisciplinary issues. T he Tribunal shall not be bound by t he procedure laid down under t he Code of Civil Procedure, 1908, but shall be
guided by principles of nat ural just ice.

T he Tribunal's dedicat ed jurisdict ion in environment al mat t ers shall provide speedy environment al just ice and help reduce t he burden of lit igat ion in t he higher
court s. T he Tribunal is mandat ed to make and endeavour for disposal of applicat ions or appeals finally wit hin 6 mont hs of filing of t he same. Init ially, t he NGT
is proposed to be set up at five places of sit t ings and will follow circuit procedure for making it self more accessible. New Delhi is t he Principal Place of Sit t ing
of t he Tribunal and Bhopal, Pune, Kolkat a and Chennai shall be t he ot her 4 place of sit t ing of t he Tribunal.

For more informat ion visit Nat ional Green Tribunal Act ,2010(666KB)

The National Environment Appellate Authority Act,1997


T he Nat ional Environment Appellat e Aut horit y Act has been creat ed to hear appeals wit h respect to rest rict ions of areas in which classes of indust ries et c.
are carried out or prescribed subject to cert ain safeguards under t he EPA. For more informat ion visit Nat ional Environment Appellat e Aut horit y Act (70.8KB)

The Biomedical waste (Management and Handling) Rules,1998


T he Biomedical wast e (Management and Handling) Rules,1998 is a legal binding on t he healt h care inst it ut ions to st reamline t he process of proper handling
of hospit al wast e such as segregat ion, disposal, collect ion, and t reat ment . For more informat ion visit Biomedical wast e (Management and Handling) Rules

The Environment (Siting for Industrial Projects) Rules, 1999


T he Environment (Sit ing for Indust rial Project s) Rules, 1999 lay down det ailed provisions relat ing to areas to be avoided for sit ing of indust ries, precaut ionary
measures to be t aken for sit e select ing as also t he aspect s of environment al prot ect ion which should have been incorporat ed during t he implement at ion of
t he indust rial development project s. For more informat ion visit Environment (Sit ing for Indust rial Project s) Rules, 1999.

The Municipal Solid Wastes (Management and Handling) Rules, 2000


T he Rules apply to every municipal aut horit y responsible for t he collect ion, segregat ion, storage, t ransport at ion, processing, and disposal of municipal solid
wast es. For more informat ion visit t he Municipal Solid Wast es (Management and Handling) Rules, 2000.

The Ozone Depleting Substances (Regulation and Control) Rules, 2000


T he Ozone Deplet ing Subst ances (Regulat ion and Cont rol) Rules,2000 have been laid down for t he regulat ion of product ion and consumpt ion of ozone
deplet ing subst ances. For more informat ion visit ODS.

The Batteries (Management and Handling) Rules, 2001


T hese rules shall apply to every manufact urer, import er, re-condit ioner, assembler, dealer, auct ioneer, consumer, and bulk consumer involved in t he
manufact ure, processing, sale, purchase, and use of bat t eries or component s so as to regulat e and ensure t he environment ally safe disposal of used
bat t eries. For more informat ion visit Bat t eries Rules, 2001.

The Noise Pollution (Regulation and control) (Amendment) Rules, 2010


T hese rules lay down such t erms and condit ions as are necessary to reduce noise pollut ion, permit use of loud speakers or public address syst ems during
night hours (bet ween 10:00 p.m. to 12:00 midnight ) on or during any cult ural or religious fest ive occasion.

Following are t he salient feat ures of t he amendment :

In the heading ‘PUBLIC ADDRESS SYST EM’ the words ‘AND SOUND PRODUCING SYST EMS’ shall be inserted.
A loudspeaker or any sound producing system or a sound amplifier shall not be used at night time except in closed premises for communication
within like auditorium, conference rooms, community halls, banquet halls or during public emergency.
T he noise level at the boundary of the public place where loudspeaker or public address system is being used the sound should not exceed 10dB
above the ambient noise standards of that area or 75dB whichever is less.
No horn shall be used in silence zones or residential areas at night except in emergency situations.
Sound emitting construction equipments shall not be operated during night.

For more informat ion visit Noise Pollut ion Rules, 2010(1.2MB)

Source: Minist ry of Environment , Forest s and Climat e Change, Government of India

Related Resources
Plast ic Wast e (Management and Handling) (Amendment ) Rules, 2011(769KB)

Last Modified : 17/08/2020

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