“Law Master’s Publication” “Protection through delegated legislation” Prof. Santosh D. Bhosale 98
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ENVIRONMENT PROTECTION THROUGH DELEGATED LEGISLATION
QUESTION BANK
Q.1. Write a detailed note on ‘Environment audit’ and ‘Eco Mark’.
Q.2. In India, How traditionally environment?
Q.3. Religious traditions and beliefs in India played a vital role in protecting the
environment- Explain.
Q.4. Write a detailed note on ‘biomedical waste’.
SHORT NOTES
1. Coastal Zone Management.
2. Environment audit and eco mark.
3. Hazardous Waste and its management.
4. Genetic Engineering.
5. Bio-Medical Waste and its control.
SYNOPSIS
Table of Contents
I] HAZARDOUS WASTE AND ITS MANAGEMENT............................................................. 98
B) International Efforts to Treat Hazardous Waste:-............................................................ 1000
a) Definition of Bio-Medical Waste:-................................................................................. 101
c) Methods of Disposal of Wastes (Schedule I):-............................................................... 101
A) Introduction:-..................................................................................................................... 102
B) Liability to Give Relief in Certain Cases on Principle of No-Fault (S. 3):- ..................... 103
2) In any claim for relief, the claimant shall not be required to plead and establish .......... 103
“Law Master’s Publication” “Protection through delegated legislation” Prof. Santosh D. Bhosale 99
A) Introduction:-....................................................................................................................... 98
A) Introduction:-..................................................................................................................... 100
B) Meaning and Definition’:- ................................................................................................. 101
D) Classification of Microorganisms (Rule 5):-..................................................................... 101
A) Introduction:-..................................................................................................................... 102
2) Coastal Regulation Zone (CRZ) II:-............................................................................... 105
VI] ENVIRONMENTAL AUDIT.............................................................................................. 112
I]
I]
HAZARDOUS WASTE AND ITS MANAGEMENT
SYNOPSIS
Hazardous Waste and its management
A)
B)
C)
Need for hazardous waste management
International efforts to treat hazardous Waste
Provisions in India to treat hazardous Waste
1) Hazardous Wastes (Management and Handling) Rules 1989.
2) Manufacture, Storage, and Import of Hazardous Chemicals Rules 1989
3) Hazardous Micro-Organisms Rules 1989.
4) Recycled Plastics Manufacture and Uses Rules 1999.
5) Municipal Solid Waste (Management and Handling) Rules 2000. Etc.
6) Bio-Medical Waste (Management and Handling) Rules 1998.
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a) Definition of Bio-Medical Waste
b) Duty to handle Waste without any adverse
effect
on
human
health
and
the
environment
(Rule 4)
c) Methods of disposal of wastes (Schedule I)
d) Segregation and transport of Waste (Rule 6)
e) Proper records regarding the Waste (Rule 11)
Apart from the so many enactments of laws by Parliament and various State
legislators, delegated legislation has played an important role in shaping these laws as well
as adding flesh and blood to existing laws. We will discuss some laws in which executives
have played a significant role.
I]
HAZARDOUS WASTE AND ITS MANAGEMENT.
Need for Hazardous Waste Management:-
A)
Hazardous Waste posed indiscriminately is a considerable threat to the environment.
It is a severe threat to a human being. Hazardous Waste is often indiscriminately dumped
into rivers, abandoned along roadsides or lonely places, and poured directly into the ocean.
Regulation and proper management of hazardous Waste is a need of the day.
A country like India, which does not have a proper record and management of
hazardous Waste, imports a lot of hazardous Waste under the pretext of ship dismantlement
etc. Many underdeveloped countries have inadequate infrastructure and insufficient
training and education programs on the health risks of exposure to hazardous Waste. There
is a dire need to develop a strategy for managing hazardous waste.
B)
International Efforts to Treat Hazardous Waste:-
The Stockholm Declaration 1972 on Human Environment has raised concern about
the rapid acceleration of Scientific and Technology and its Waste.
The World Commission on Environment and Development reported in 1987 that
industrial Waste and toxic substances were common challenges worldwide, and many
attempts were made to manage hazardous waste properly.
The United States passed several Acts to address the problem and management of
hazardous waste, viz., the Solid Waste Disposal Act in 1960, the Resource Conservation
and Recovery Act in 1976, and The Super Fund Act in 1980.
Similarly, the UK has passed the Control of Pollution Act 1974, providing various
regulatory and control measures for waste disposal. Some laws have been passed to control
the use of pesticides. The Radioactive Substances Act 1960, the Nuclear Installations Act
1956, and the Radiological Protection Act 1970 allow for the safe disposal of nuclear
waste.
“Law Master’s Publication” “Protection through delegated legislation” Prof. Santosh D. Bhosale 101
C)
Provisions in India to Treat Hazardous Waste:-
India has taken various steps to regulate and manage industrial wastes and toxic
substances. Different laws deal with the regulation of hazardous wastes and toxic
substances. Chapter XIV of the Indian Penal Code declares the acts and omissions affecting
public health, safety, and convenience as an offence. Similarly, the Provisions of the
Environment (Protection) Act of 1986 empowered the Central Government to make rules
for handling and controlling hazardous waste properly. Thus, under the rule-making power
conferred on it, the Central Government made the following essential rules, viz.-
1)
2)
3)
4)
5)
6)
Hazardous Wastes (Management and Handling) Rules 1989.
Manufacture, Storage and Import of Hazardous Chemicals Rules 1989
Hazardous Micro-Organisms Rules 1989.
Recycled Plastics Manufacture and Uses Rules 1999.
Municipal Solid Waste (Management and Handling) Rules 2000. Etc.
Bio-Medical Waste (Management and Handling) Rules 1998:-
Nowadays, managing Biomedical Waste is a great challenge. If not correctly dealt
with, it can be the biggest threat to the human environment. The Central Government made
this rule to deal appropriately with Biomedical Waste.
a)
Definition of Bio-Medical Waste:-
Bio-medical waste means ‘any waste which is generated during the diagnosis,
treatment or immunisation of human beings or animals or in research activities pertaining
thereto or in the production or testing of biological and including categories mentioned in
Schedule I. Schedule I has mentioned ten categories of bio-medical wastes, which include
human anatomical waste, animal waste, microbiology and biotechnology waste, waste
sharps, discarded medicines and cytotoxic drugs, solid waste, liquid waste, chemical waste,
incineration ash’.
b)
Duty to Handle Waste without any Adverse Effect on Human Health and
Environment (Rule 4):-
Every occupier of an institution generating bio-medical Waste, which
includes a hospital, nursing home, clinic, dispensary, veterinary institution, animal house,
pathological laboratory, or blood bank, is to take all steps to ensure that such Waste is
handled without any adverse effect on human health and the environment.
c)
Methods of Disposal of Wastes (Schedule I):-
Schedule I provides various methods for the disposal of Bio-Medical Waste
according to the nature of the category provided in the schedule.
i) incineration,
ii) deep burial,
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iii) local autoclaving,
iv) micro-waving,
v) mutilation,
vi) disposal in landfills,
vii) disinfection,
viii) chemical treatment, etc.
d)
Segregation and Transport of Waste (Rule 6):-
The rule provides for the segregation of waste in different-coloured plastic bags and
labeling as per Schedule III. Such waste shall be packed safely and transported only in
authorised vehicles. No untreated biomedical waste shall be kept beyond 48 hours without
the permission of the competent authority in this regard.
e)
Proper Records Regarding the Waste (Rule 11):-
The institutions receiving and disposing of bio-medical waste have to keep proper
records regarding the generation, collection, reception, storage, transportation, treatment
and disposal of bio-medical wastes.
II]
PUBLIC LIABILITY INSURANCE ACT 1991
SYNOPSIS
Introduction
A)
B)
Liability to Give Relief in Certain Cases on Principle of No-Fault (S. 3)
1)
2)
3)
Where-
In any claim for relief
The Schedule Provide Following Reliefs
C)
Duty of Owner to Take Out Insurance Policies (S. 4)
1)
2)
3)
Limit of policy
Exemptions from taking insurance
Contribution to the relief fund
D)
E)
F)
Application for Claim for Relief (S. 6)
Relief Fund (S. 7A)
Award of relief (S. 7)
A)
Introduction:-
The Act came into force on 2nd January 1991. The object of the Act is to provide
immediate relief to the persons affected by an accident occurring while handling any
hazardous substance and for matters connected therewith or incidental thereto.
The establishment of hazardous industries is necessary nowadays; however, it is
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equally important to protect the public from accidents resulting from handling such
hazardous substances. The Bhopal Gas leak and other incidents have shown the necessity
of an enactment providing immediate economic assistance to the public affected by the
handling of hazardous substances.
The court held in this case, “the person who, for his own purpose, brings on his land
and collects and keeps there anything likely to do mischief, must keep it at his peril and he
is prima facie answerable for all the damages which is the natural consequence of its
escape”.
Similar liability, i.e. “no-fault liability” is also incorporated in the Motor Vehicles
Act 1988 under S. 140, whereby the owner of the vehicle has to compensate the deceased
or injured or property of any person by the accident irrespective of finding who was at
fault. Thus, the liability is strict without ascertaining who was at fault (i.e. no fault).
The same strict or “no-fault” liability is incorporated under The Public Liability
Insurance Act. 1991, whereby it is made incumbent on owners of Hazardous Industries to
take out a ‘public insurance policy’ to meet the contingency of any accident due to handling
hazardous substances related to the industry. The Act contains 23 sections and one
schedule.
Insurance is to be drawn to compensate the public affected by accidents caused by
handling hazardous substances, not for compensating workers, because other laws make a
separate arrangement for the care and insurance of workers.
Thus, the object of the Act is to provide public liability insurance to provide
immediate relief to the persons affected by accidents occurring while handling any
hazardous substance and for matters connected in addition to that or incidental thereto.
B)
1)
Liability to Give Relief in Certain Cases on Principle of No-Fault (S. 3):-
Where-
i)
death or injury
ii)
to any person (other than a workman) or damage to any property has
resulted
iii)
iv)
from an accident,
the owner shall be liable to give such relief as is specified in the
Schedule for such death, injury, or damage.
2)
In any claim for relief, the claimant shall not be required to plead and establish
that the death, injury, or damage in respect of which the claim has been made was
1 1868 LR3
“Law Master’s Publication” “Protection through delegated legislation” Prof. Santosh D. Bhosale 104
due to any wrongful act, neglect, or default of any person.
Thus, the Act incorporates the principle of ‘no fault liability’ and casts a duty upon
the owner of the entity having control over the handling of any hazardous substance to pay
compensation for any accident arising out of the handling of a hazardous substance, even
though the owner need not be in fault for such accident or the victim themselves may be in
fault. The liability is irrespective of fault on the part of the owner.
The right to claim relief under the Public Liability Insurance Act is in addition to
any other right to claim compensation in respect thereof given under any other law for the
time being in force. Where the owner is liable to pay the claim under this Act and is also
liable to pay compensation under any other law, then the amount of relief paid under this
Act shall be deducted from the amount of that compensation (S. 8).
The ‘owner’ here means [S.2 (g)]- a person who owns or has control over handling
any hazardous substance at the time of the accident and includes-
i)
ii)
in the case of a firm, any of its partners;
in the case of an association, any of its members; and
in the case of a company, any of its directors, managers,
secretaries or other officers who are directly in charge of, and
is responsible to, the company for the conduct of the business
of the company.
iii)
An ‘accident’ here means [S.2 (a)], an accident involving a fortuitous or sudden
or unintended occurrence while handling any hazardous substance resulting in continuous
or intermittent or repeated exposure to death of, or injury to, any person or damage to any
property but does not include an accident by reason only of war or radio-activity.
The term ‘handling’ [S. 2 (c)], in relation to any hazardous substance, means the
manufacture, processing, treatment, package, storage, transportation by vehicle, use,
collection, destruction, conversion, offering for sale, transfer or the like of such hazardous
substance.
3)
The Schedule Provides the Following Reliefs:-
i) Reimbursement of medical expenses incurred up to a maximum of Rs.- 12,500/-
in each case.
ii)
For fatal accidents the relief will be Rs. 25,000 per person in addition to
reimbursement of medical expenses, if any, incurred on the victim up to a
maximum of Rs. 12,500/-.
iii)
For permanent total or permanent partial disability or other injury or
sickness, the relief will be -
a)
reimbursement of medical expenses incurred, if any, up to a
“Law Master’s Publication” “Protection through delegated legislation” Prof. Santosh D. Bhosale 105
maximum of Rs.-12,500/- in each case and
b)
cash relief on the basis of the percentage of disablement as
certified by an authorised physician. The relief of total
permanent disability will be Rs. 25,000/-.
iv)
For loss of wages due to temporary partial disability which reduces the
earning capacity of the victim, there will be a fixed monthly relief not
exceeding Rs.-1,000/- per month up to a maximum of 3 months, provided the
victim has been hospitalized for a period exceeding 3 days and is above 16
years of age.
v)
Up to Rs.- 6,000/- depending on the actual damage, for any damage
to private property.
These reliefs in fact are very meagre and inadequate now a day. The section is more
on the line of S. 140 of the Motor Vehicles Act 1988.
C)
Duty of Owner to Take Out Insurance Policies (S. 4):-
Before he starts handling any hazardous substance, every owner shall take out one
or more insurance policies provided for contracts of insurance whereby he is insured
against liability to give relief as mentioned above. He is duty-bound to renew the policy
from time to time.
1)
Limit of Policy:-
The amount of the policy should not be less than the amount of the paid-up capital
of the undertaking ( which is handling any hazardous substance and owned or controlled
by that owner), and it should not be more than the amount of Rs. Fifty crore rupees.
If the owner fails to take out an insurance policy or renew it from time to time, he
shall be liable for punishment for a term of not less than one year and six months but which
may extend up to six years, or with a fine of not less than 1 lakh rupees, or with both (S.
14).
2)
Exemptions From Taking Insurance:-
The Central Government may exempt, by notification to the following owners,
viz-
i) Central Government
ii) any State Government;
iii) any corporation owned or controlled by the Central
Government or a State Government; or
iv) any local authority.
3)
Contribution to Relief Fund:-
Every owner handling hazardous substances shall pay the insurer with the amount
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of premium, such as the amount not exceeding the sum equivalent to the amount of
premium, for being credited to the Relief Fund (S. 4 (2c).
Thus, the owner is duty-bound to contribute to the relief fund in addition to the
insurance premium.
D)
Application for Claim for Relief (S. 6):-
An injured person or his authorised agent; an owner of the property (whose property
is damaged) or his authorised agent; the deceased's legal representative; or an agent of the
legal practitioner may make an application for a claim for relief under section 3(1) in Form-
I prescribed under rule 4 to the Collector, within 5 years of the occurrence of the accident.
E)
Relief Fund (S. 7A):-
The Central Government may, by notification, establish a fund known as the
Environment Relief Fund. The Environment Relief fund shall be utilised to pay the relief
amount passed under the award by the Collector.
The Central Government may, by notification, make a scheme specifying the
authority in which the Relief Fund shall vest, the manner in which the Relief Fund shall be
administered, the form and the manner in which money shall be drawn from the fund and
for all other matters connected with or incidental to the administration of the Relief Fund
and the payment of relief therefrom.
Every owner handling hazardous substances shall pay the insurer with the amount
of premium, such as the amount not exceeding the sum equivalent to the amount of
premium, for being credited to the Relief Fund (S. 4 (2c).
The insurer shall remit to the Authority in which the Relief Fund shall vest the
amount received from the owner for being credited to the relief fund in such manner and
within such period as may be prescribed, and where the insurer fails to remit that amount,
it shall be recoverable from the insurer as arrears of land revenue or of public demand (S.
4 (2d).
F)
Award of Relief (S. 7):-
Collector has to verify and publish the occurrence of the accident (S. 5). The power
to adjudicate the claim is entrusted to the Collector. On receipt of an application for a claim,
the Collector shall, after giving notice of the application to the owner and after giving the
parties an opportunity to be heard, hold an inquiry into the claim or each of the claims and
may make an award determining the amount of relief which appears to him to be and
specify the person or persons to whom such amount of relief shall be paid.
The Collector shall have all the powers of the Civil Court to decide the claim. If the
owner or insurer fails to deposit an amount awarded by the Collector, it will be treated as
arrears of land revenue or of public demand.
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Every claim for relief under this Act shall be disposed of as expeditiously as
possible, and an endeavour is to be made to dispose of the claim within 3 months from
receipt of it.
III]
ECO-MARK.
SYNOPSIS
A)
B)
C)
D)
Introduction
Object of the Scheme
The Scheme
Appraisal of the Scheme
A)
Introduction:-
The emergence of environmental awareness worldwide increased the demand for
environmentally friendly products. Moreover, in 1991, the Central Government of India
launched “ECOMARK,” an eco-labelling scheme for easy identification of
environmentally friendly products.
B)
Object of the Scheme:-
The objects of the scheme are as follows-
1) To promote and encourage manufacturers to introduce environment-
friendly products.
2)
To reduce adverse environmental impact.
3) To render assistance to consumers to identify easily environment-friendly
products.
C)
The Scheme:-
As per the scheme, the label known as “ECOMARK” may be used by manufacturers
who meet the specific environmental requirements and the quality requirements of the
Indian Standards as laid down by the Bureau of Indian Standards.
D)
Appraisal of the Scheme:-
In fact, even after the publication of quality criteria for a number of goods such as
soaps and detergents, paper, food items, lubricating oils, packaging material, architectural
paints and powder coatings, batteries, electrical or electronic goods, food additives, wood
substitutes, cosmetics, aerosol propellants, plastic products, textiles, fire-extinguisher and
leather etc., the scheme has not achieved remarkable momentum. It may be due to
unwillingness on the part of manufacturers as well as of consumers.
In 1999, to alter consumer patterns and to reduce the adverse impact on the
environment of plastic, the Central Government framed the Recycled Plastic Manufacture
and Usage Rules 1999. The Rule prohibits vendors of foodstuffs from packing their wares
“Law Master’s Publication” “Protection through delegated legislation” Prof. Santosh D. Bhosale 108
in bags or containers made from recycled plastics. However, the exception is that if
foodstuffs are sold in plastic bags, the carry bag must be made of virgin plastic and not be
of less thickness than 20 microns.
IV]
GENETIC ENGINEERING
SYNOPSIS
A)
B)
C)
D)
E)
F)
Introduction
Meaning and Definition
Competent Authorities
Classification of Microorganisms
Approval and Prohibitions (Rule 7)
Penalties (R. 15)
A)
Introduction:-
Though gene technology may be useful, to avoid its adverse impact on the
environment and human health, the Central Government framed rules in 1989 for the
manufacture, use, import, export, and storage of hazardous microorganisms, genetically
engineered organisms, or cells.
B)
Meaning and Definition’:-
The Rule defines ‘Genetic engineering’ as ‘the techniques by which heritable
materials which do not usually occur or will not occur naturally in the organism or cell
concerned, generated outside the organism or the cell is inserted into said cell or organism.
It also means the formation of new combinations of genetic material by incorporating a
cell into a host cell, where they occur naturally, as well as modification of an organism or
in a cell by deleting and removing parts of the heritable material.
The Rules also define the term ‘Gene Technology’, which means the application
of the gene technique called genetic engineering, including self-cloning, dilution, and cell
hybridization.
C)
Competent Authorities:-
The rules also created the following competent authorities to carry out the functions
prescribed for these authorities-
1)
2)
3)
4)
5)
Recombinant DNA Advisory Committee.
Review Committee on Genetic Manipulation.
Institutional Bio-Safety Committee.
Genetic Engineering Approval Committee.
State Biotechnology Coordination Committee
6) District-Level Biotechnology Committee.
“Law Master’s Publication” “Protection through delegated legislation” Prof. Santosh D. Bhosale 109
D)
Classification of Microorganisms (Rule 5):-
Microorganisms are genetically engineered organisms, products of cells.
Microorganisms are classified as
i) Animal Pathogens and
ii)
Plant Pets.
The Schedule to the Rules classifies microorganisms into-
1)
2)
3)
4)
5)
Bacterial Agents;
Fungal Agents;
Parasitic Agents;
Viral, Rickettsial and Chlamydial Agents;
Special categories.
E)
Approval and Prohibitions (Rule 7):-
Rules prohibit the import, export, transport, manufacture, process, and use or sell of
hazardous microorganisms or genetically engineered organisms, substances, or cells except
with the approval of the Genetic Engineering Approval Committee.
F)
Penalties (R. 15):-
If any order made by a competent authority is not complied with, the District Level
Committee or the State Biotechnology Coordination Committee may take measures at the
expense of the person responsible for damage to the environment, nature, or health. Any
violation of these rules is punishable.
V]
COASTAL ZONE MANAGEMENT
SYNOPSIS
A)
B)
C)
Introduction
Declaration of Coastal Regulation Zone
Regulation of Permissible Activates
1)
Coastal Regulation Zone (CRZ) I
Coastal Regulation Zone (CRZ) II
Coastal Regulation Zone (CRZ) III
Coastal Regulation Zone (CRZ) IV
2)
3)
4)
A)
Introduction:-
India is a coastal nationIt is surrounded by sea on three sides. Therefore, it is one of
the richest coastline nations. India has more than 7,500 kilometres of coastline, including
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the islands of Lakshadweep, Andaman, and Nicobar.
Every nation having a coastline is interested in its safeguarding. Moreover, such a
nation's responsibility is to keep its coastal zones clean and unpolluted.
Indian coastal zones are rich in minerals and have the potential for exploitation of
tidal energy, ocean thermal energy, etc. Moreover, it has a very wide range of coastal eco-
system like mangroves, coral reefs, seagrasses, salt marshes, sand dunes, estuaries, lagoons
etc.
Despite the benefits mentioned above, the coasts, specifically Indian coasts, are
highly polluted due to increased housing colonies, encroachment on coastal areas,
industrial areas and non-coast use, development of harbours, etc. Pollution from Municipal
wastes released into a sea of chemical effluents and mechanisation of the fishing industry
have further deteriorated the environment around coastal zones.
We will find very good models of coastal zone management adopted in important
countries with big coastal areas like the U.S., U.K., Sri Lanka, etc. In America, the Coastal
Zone Management Act of 1972 protects its coasts from pollution. In the U.K., the
permission of The Environment Protection Act of 1990 was extended to protect coastal
pollution. Similarly, in Sri Lanka, the Coastal Conservation Act 1981 was passed to protect
its coasts from pollution.
In India, the Central Government is under the power given to it by the Environment
Protection Act. 1986, issued the Coastal Regulation Zone (CRZ) Notification in 1991 to
protect and improve the quality of the environment around the coast. The notification
declares Coastal Regulation Zones and imposes restrictions on industrial operations and
processes in the zones. The Notification has been amended a number of times since 1991.
We will discuss some of the Provisions of the Notification-
B)
Declaration of Coastal Regulation Zone:-
The notification declares the coastal stretches of seas, bays, estuaries, creeks, rivers
and backwaters are influenced by tidal action up to 400 meters on the landward side from
the high tide line (HTL) and the land between the low tide line (LTD) as a Coastal
Regulation Zone.
The high tide line means the line on the land up to which the highest water line
reaches during the spring tide.
The Notification lays down a prohibition on certain activities and also exceptions thereto
via.
1)
Setting up new industries and expanding existing industries except for those
industries that are directly related to the waterfront or directly need foreshore
facilities. However, facilities for generating power from non-conventional energy
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sources and setting up desalination plants. Construction of airstrips may be
permitted in certain zones.
2) manufacture, handling, storage, or disposal of hazardous substances. However, facilities
for storing petroleum products like crude oil, butane, motor spirit, kerosene, aviation
fuel, high-speed diesel, lubricating oil, butane, propane, compressed natural gas, etc.
may be permitted in certain zones with the government's prior approval.
3)
Setting up and expanding fish processing units, including warehousing, except for
hatchery and natural fish drying in permitted areas.
4) Setting up and expanding units for disposal of waste and effluents, except facilities
required for discharging treated effluents into water courses with approval under the
Water (Prevention and Control of Pollution) Act 1974.
Similarly, following activities with certain exceptions are prohibited, viz.-
5)
Discharge of untreated Waste and effluents from industries, cities or towns,
6) offshore exploration activities beyond 10 kilometres from the nearest habituated
village boundary,
7)
8)
dumping of city or town waste for the purpose of landfilling,
dumping of ash or any wastes from thermal power stations,
land reclamation,
9)
10)
11)
12)
bounding or disturbing the natural course of seawater,
mining of sand, rocks, and other substantiate materials,
harvesting or drawl of groundwater and construction of a mechanism, therefore
within 200 meters of HTL, etc.
C)
Regulation of Permissible Activates:-
The following activities will require environmental clearance from the
ministry
of environment and Forest of Government of India viz.
1)
2)
Activities which require waterfront and foreshore facilities;
Exploration and extraction of oil and natural
gas
and
all
associated activities and facilities thereto;
Thermal power plants.
3)
4) Demolition or reconstruction of buildings of archaeological or historical
importance, etc.
D)
Classification of Zones:-
Indian law makes a classification of the coastal area into four Coastal Regulation
Zones. This is made for eco-protection and specific regulations of each zone.
1) Coastal Regulation Zone (CRZ) I:-
“Law Master’s Publication” “Protection through delegated legislation” Prof. Santosh D. Bhosale 112
It consists of ecologically sensitive and important areas. Mangroves, wetlands,
national parks, sanctuaries, wildlife habitats, and places of outstanding natural beauty or
historical heritage are included in this category. Similarly, areas close to fish breeding and
spawning grounds, as well as the areas between LTL and HTL, fall into this category.
The government can add new areas to this category from time to time. In this area,
no new construction is permitted within 500 meters of the HTL. However, permission for
non-polluting industries or service industries may be granted.
2)
Coastal Regulation Zone (CRZ) II:-
CRZ II comprises a sufficiently developed urban area with facilities for drainage,
approach roads, water supplies, and sewerage lines.
Buildings are not permitted on the seaward side of existing roads or buildings.
3)
Coastal Regulation Zone (CRZ) III:-
It consists of relatively undisturbed areas. Such as coastal zones in the rural areas
that are developed or undeveloped, and the areas within municipal limits or in other legally
designated urban areas that are not sufficiently developed.
This area is within 200 meters of the HTL and is a non-development area.
4)
Coastal Regulation Zone (CRZ) IV:-
The area consists of coastal stretches of the Andaman and Nicobar Islands and
Lakshadweep Islands. It also includes small islands that do not belong to the other three
categories.
There are separate regulations and norms in this area. The use of corals and sand are
banned for construction purposes.
VI]
ENVIRONMENTAL AUDIT
SYNOPSIS
A)
B)
C)
Meaning
Benefits of Environmental Audit
Kinds of Environment Audit
Compliance Audit
1)
2)
Environmental Performance Audit
A)
Meaning:-
An environmental audit assesses the nature and extent of harm or risk of harm to the
environment posed by an industrial process or activity, waste, substance, or noise. Its object
is to understand the type of contamination or pollution or the harm it poses.
In India, the Supreme Audit Institution conducts environmental audits. The
Supreme Audit Institution works under its parental body, the Controller and Auditor
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General (CAG) of India. It also conducts compliance and performance audits.
B)
Benefits of Environmental Audit:-
There are the following benefits of environmental audit, viz.
Planning authorities, government agencies and private businesses use the
An environmental audit system to determine the condition of the site and its
suitability for use or to advise what is required to make a site suitable for use.
An environmental audit of a site provides people with confidence as to what a site
can be used to determine what, if any, costs may apply in managing
it into the future.
1)
2)
3) To benefit the large community and their good health and environment in the future,
an environmental audit is necessary.
C)
Kinds of Environment Audit:-
Basically, environmental auditing is of the following types, viz.
Compliance Audit:-
1)
An environmental compliance audit is done in order to comply with various
requirements or permits required for the establishment or working of the industry.
2)
Environmental Performance Audit:-
An environmental performance audit is used mainly to measure how well
environmental programs and plans are being implemented in practice or if there are some
lacunas to be filled.
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