The Environmental related Acts centrally passed are also followed in the State

Environment Protection Act, 1986

Government of India enacted the Environment (Protection) Act, 1986 under Article 253 of the Indian Constitution. It is the most comprehensive Act on the Indian statute book relating to environment protection. It is also known as EPA. The main objective of the Act is to implement the decisions of the United Nations Conference on the Human Environment of 1972, which relate to the protection and improvement of the human environment and prevention of hazards to human beings, other living creatures, plants and property. It covers all kinds of pollution. It is designed to provide a framework for the Central Government to coordinate the activities of various Central and State authorities established under the already existing laws such as the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981. The EPA gives wide powers to the Central Government to take all such measures which are necessary for protecting and improving the quality of the environment and preventing, controlling and removing environmental pollution (Section 3). The Government can fix standards for the quality of the environment as well as standards for controlling emissions and effluent discharges, to regulate industrial locations; to lay down procedures for managing hazardous substances, to establish safeguards for preventing accidents and to collect and disseminate information relating to environment pollution. The Act also gives power to the Government to make orders to prohibit any activity, close an industry or stop or regulate the supply of electricity or water or any other service (Section 5, EPA) to prevent and control environmental harm. A duty is imposed on persons carrying on an industry or an operation to prevent emission or discharge of environmental pollutants in excess of fixed standards. A non-delegable duty is imposed on persons handling hazardous substances to comply with all the procedural safeguards that may be prescribed by the Government time to time. The EPA contains very important provision that enables any person to file a complaint with a court against a polluter. This provision is known as the ‘citizens’ suit’ provision.

Water (Prevention and Control of Pollution) Act, 1974

This is a comprehensive piece of legislation especially enacted for the purpose of prevention and control of pollution of water. It is called as Water Act. Its objective is also to maintain and restore the wholesomeness of water. The provisions of the Water Act apply to streams, inland waters, subterranean waters and sea or tidal waters. The Act prohibits disposal of polluting matter in streams, wells and sewers or on land in excess of the standards established by the state board.

The Air (Prevention and Control of Pollution) Act

It is also called the Air Act. It was enacted by the Parliament under Article 253 to implement the decisions taken at the United Nations Conference on Human Environment at Stockholm in June, 1972. It is similar to the Water Act. The Central and State Pollution Control Boards established under the Water Act perform the functions of the boards envisaged under the Act. Both the Water Act and the Air Act have identical provisions with regard to criminal and administrative sanctions, powers of the government in relation to the actions of the boards and in respect to rule making powers of the Central Government and State Government. This Act was amended in 1987. the act gives discretion to each State Government to declare a particular area as “air pollution control area” (Section 19). The polluters who are located outside such air pollution control areas cannot be prosecuted by the State boards. The Act also covers noise pollution (Section 2(a)).

Indian Forest Act, 1927

The Act relates to the use of forests. It consolidates the law relating to forests the transit of forest produce and the duty leviable on timber and other forest produce. It establishes three classes of forest namely reserved forests, village forests and protected forests. The term ‘forest land’ includes not only the area as provided in the Act but also any area recorded as forest in Government records irrespective of the ownership. Felling and burning of any tree, quarrying, pasturing of cattle, clearing land for cultivation in any protected forests are prohibited under the Act.

The Forest (Conservation) Act, 1980

The Forest Act 1980, is a primary legislation for the conservation of forests and for checking deforestation. The Act restricts the use of forest for non-forest purposes and de-reservation of reserved forests under the Indian Forest Act. It also restricts felling of trees and regulates diversion of forestland for non-forest use. It had also role in preservation of the natural habitat of wildlife.

The Wildlife Protection Act, 1972

The aim of this Act is to protect wildlife. It establishes protected areas like national parks and sanctuaries for different kinds of wildlife species, bird species and plant species. It prohibits illegal trade in wildlife and its products, hunting and regulates the hunting of wildlife animals and birds. A Central Zoo Authority is set up under the Act. The Act has been amended by the Wild Life (Protection) Amendment Act 2002. The Amendment provides for the creation of two new types of reserves i.e. Conservation Reserves and Community Reserves.

The National Environment Appellate Authority Act, 1997

The Act provides for the establishment of a National Environment Appellate Authority to hear appeals with respect to restriction of areas in which industry or operation shall be carried about subjects to certain safeguards under the Environment (Protection) Act, 1986. While deciding the cases of appeal under the Act the Appellate Authority is bound by the principles of natural justice and the provisions of the Act in question.

The Biological Diversity Act, 2002

The Act was enacted to conserve and protect the rich biological diversity and the associated traditional and contemporary knowledge system. The Act makes provisions for the use of diversities within species or between species and the ecosystems in a manner, which would meet the needs and aspirations of the present and future generations. It has a provision to set up three authorities under the Act, namely the National Bio-diversity Authority, the State Bio-diversity Board and the Bio-diversity Management Committee. The function of these authorities is to regulate the biological resources occurring in India for research purposes, commercial utilization and bioutilization of resources, such as drugs, cosmetics, colors, food flavors, genes used for improving crops and livestock by genetic interventions.