Acts & Policies Flashcards
Wildlife protection Act 1972
● Has 6 schedules: Schedule I and part II of schedule II cover animals of endangered species.
● Schedule V – Vermins wild mammals and birds which are harmful to crops, farm animals or which carry disease, can be hunted with permission of chief wildlife warden(recently Nilgai, Rhesus Monkey culled under it)
● Schedule VI- exotic plant species.
● Wild Life Act provides for
- State wildlife advisory boards, National Board for Wildlife
- Regulations for hunting wild animals and birds,
- Establishment of sanctuaries and national parks,
- Regulations for trade in wild animals, animal products and trophies, and
- Judicially imposed penalties for violating the Act.
Environmental Protection Act 1986
● It empowers the central government to establish authorities under section 3(3) charged with mandate of preventing environmental pollution in all its forms and to tackle specific problems that are peculiar to different parts of the country.
● Central Ground water Board is created under EPA.
● In the wake of the Bhopal tragedy, the government of India enacted the Environment (Protection) Act of 1986.
● To protect and improve environmental qualities.
● To establish an authority to study, plan and implement long term requirements of environmental safety.
● To cover all problems relating to environment comprehensively.
National Forest Policy 1988
● Aims to have a minimum of one third of the total land area under forests.
● Increase tree cover through massive afforestation, especially on all denuded, degraded and unproductive lands.
Biological Diversity Act 2002
● Envisages 3 tier structure to regulate access to the biological resources comprising of National Biodiversity Authority (NBA), State Biodiversity Authority (SBB) and Biodiversity Management Committees (BMC) at local level.
Exceptions:
- Local people and communities
- For growers and cultivators of biodiversity of the area and to Vaids and Hakims to use biological resources.
- Exemption through notification of normally traded commodities.
- For collaborative research through.
The Act was enacted to meet the obligations under Convention on Biological Diversity (CBD), to which India is a party
Scheduled Tribes and other forest dwellers act 2006
● Nodal Agency for the implementation is Ministry of Tribal Affairs (MoTA).
● Recognition Criteria: Forest dwellers for three generations prior to 13.12.2005 primarily resided in and have depended on the forests for bonafide livelihood needs.
● Maximum limit of the recognizing rights on forest land is 4 ha.
● National Parks and Sanctuaries have been included along with Reserve Forest, Protected Forests for the recognition of Rights.
● Act recognizes the right of ownership access to collect, use, and dispose of minor forest produce(MFP- all non timber forest produce like honey, bamboo, tendu leaves) by tribals.
● Gram Sabha has been designated as the competent authority for initiating the process of determining the nature and extent of individual or community forest rights.
National Green Tribunal
● Statutory body established under the National Green Tribunal Act 2010.
● Composition:one fill time Chairperson, Not less than ten but subject to maximum of twenty full time Judicial Members as the Central Government may, from time to time, notify.
● It does not deal with Wildlife (Protection) Act.
● NGT Deals In The Following Acts
1. The Water (Prevention and Control of Pollution) Act, 1974;
2. The Water (Prevention and Control of Pollution) Cess Act, 1977;
3. The Forest (Conservation) Act, 1980;
4. The Air (Prevention and Control of Pollution) Act, 1981;
5. The Environment (Protection) Act, 1986;
6. The Public Liability Insurance Act, 1991;
7. The Biological Diversity Act, 2002.
The Ozone Depleting substances Rules
● The rules are framed under the The Ozone Depleting substances Rules jurisdiction of Environment (Protection) Act.
● These Rules prohibit the use of CFCs in manufacturing various products beyond 1st January 2003 except in metered dose inhaler and for other medical purposes.
● Similarly, use of halons is prohibited after 1st January 2001 except for essential use.
Ewaste Management Rules 2016
● Applicability of the rules has been extended to components, consumables, spares and parts of EEE in addition to equipment listed in schedule I.
● E-waste rules will now include Compact Fluorescent Lamp (CFL) and other mercury containing lamps, as well as other such equipment.
● Penalty for violation of rules under Environment protection Act 1986.
● Manufacturer, dealer, refurbisher and Producer Responsibility Organization (PRO) have been introduced as additional stakeholders in the rules. New Rules will bring the producers under Extended Producer Responsibility (EPR), along with targets.
● one system of authorization by CPCB for dismantling and processing.
● Deposit Refund Scheme where an extra amount is charged upfront and refunded on return.
● Criticism: ignores the unorganized and small and medium sectors where 90 per cent of the e-waste is generated do not recognize the magnitude of trans-boundary movement of e-waste
Bio-Medical Waste Management Rules 2016
● Bio-Medical waste consists of: Human anatomical waste like tissues, organs and body parts, hypodermic needles, syringes, scalpels and broken glass.
● Ambit of the rules has been expanded to include vaccination camps, blood donation camps, surgical camps or any other healthcare activity.
● Phase-out the use of chlorinated plastic bags, gloves and blood bags within two years ● Establish a Bar-Code System for bags or containers containing bio- medical waste for disposal
● Bio-medical waste has been classified in to 4 categories instead of 10 to improve the segregation of waste at source
● Criticism: It requires technological infrastructure for bar coding waste bags.
Coastal Regulation Zone 2011
● CRZ III- Coastal areas that are not substantially built up, including rural coastal areas.- No Development Area upto 200 metres from High Tide Lane(HTL)
● CRZ IV- water area from Low Tide Line(LTL) to the limit of territorial waters of India
● As per CRZ, 2011 Notification, for CRZ-II (Urban) areas, Floor Space Index (FSI) or the Floor Area Ratio (FAR) had been frozen as per 1991 Development Control Regulation (DCR) levels. No Development Zone was free of any infrastructure development.
Coastal Regulation Zone 2019
● Densely populated rural areas to be afforded greater opportunity for development: For CRZ-III (Rural) areas, two separate categories 1. CRZ-III(A) with population density of more than 2161, the NDZ is reduced to 50 meters from 200 metres from HTL
● CRZ-III(B) with less than 2161 the NDZ is 200 meters from High Tide Line(HTL)de-freeze the same and permit FSI for construction projects, as prevailing on the date of the new Notification
● Temporary tourism facilities have now been permitted in Beaches in the “No Development Zone” (NDZ) of the CRZ-III areas
● A No Development Zone (NDZ) of 20 meters has been stipulated for all Islands
Wetland Rules 2010
● MoEF has notified the rules in order to ensure that there is no further degradation of wetlands.
● The rules specify activities which are harmful to wetlands such as industrialization, construction, dumping of untreated waste and reclamation and prohibit these activities in the wetlands.
● Other activities such as harvesting and dredging may be carried out in the wetlands but only with prior permission from the concerned authorities.
● Central Wetland Regulatory Authority has been set up to ensure proper implementation of the Rules.
Wetland Rules 2017
● Management of wetlands has been decentralized powers have been given to the State governments so that protection and conservation work can be done at the local level.
● SWA identify and notify the wetlands for protection within stipulated time and develop comprehensive list of activities to be regulated and permitted
● Rules prohibit conversion of wetland for non wetland uses.
● National Wetland Committee replaces Central Wetlands Regulatory Authority (CWRA)
● NWC will be headed by the MoEFCC Secretary
● NWC has merely advisory role
Criticism : does not follow Ramsar Convention; paddy fields not included
