INDIA Law and Practice Contributed by: Vishnu Sudarsan, Kartikeya Gajjala and Mehar Vasant, J Sagar Associates
The legislative framework for environmental pro - tection comprises several federal-level environ - mental protection laws, including the following. • The Water (Prevention and Control of Pollu - tion) Act, 1974 provides for the prevention and control of water pollution and the main - taining or restoration of the wholesomeness of water. Pollution control boards at the state and federal levels have been constituted pur - suant to this law. • The Air (Prevention and Control of Pollution) Act, 1981 provides for the prevention, control and abatement of air pollution. • The Environment (Protection) Act, 1986 provides for the protection and improvement of the environment. Various notifications/ rules/regulations have been issued under this act concerning emissions reduction, man - agement of waste, regulation of activities in coastal zones, ozone-depleting substances, etc. • The Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 sets out provisions relating to the conservation of forests (read with the Compensatory Afforestation Fund Act, 2016). • The Wildlife (Protection) Act, 1972 provides for the protection of wild animals, birds and plants. • The Public Liability Insurance Act, 1991 pro - vides for public liability insurance in order to provide immediate relief to persons affected by accidents occurring while handling hazard - ous substances. • The Biological Diversity Act, 2002 provides for the conservation of biological diversity, the sustainable use of its components, and the fair and equitable sharing of the benefits of using biological resources. • The National Green Tribunal Act, 2010 pro - vides for the establishment of the National Green Tribunal, which has jurisdiction over
cases relating to environmental protection and the conservation of forests and other natural resources, including the enforcement of any legal rights relating to the environment. Environmental Licensing The above legal and regulatory framework for environmental protection prescribes various approvals that have to be obtained before estab - lishing, operating or undertaking mining activi - ties. The key permits include the following. • Consent to establish/operate – prior consent of the State Pollution Control Board has to be obtained in order to establish and operate any industry or plant in a designated air pollu - tion control area, or any industry or plant that is likely to discharge sewage or trade effluent into a stream, well or sewer or on land. • Environmental approvals – various approvals have to be obtained under the notifications/ rules issued under the Environment (Protec - tion) Act, 1986, including “prior environmen - tal clearance” (from the central government in case of mining projects with over 100 ha of lease area, and otherwise from the state government) and approvals regarding the use of hazardous waste, development in coastal areas, etc. • Forest clearance – permission has to be sought from the government for the use of any forest land for any non-forest purpose, with a process of “compensatory afforesta - tion” required to be undertaken in this regard. As can be seen from the above, the environ - mental licensing regime operates at both the national and state levels, with a mix of execu - tive and statutory agencies being responsible. These agencies are fairly robust, with suitable and sufficient capabilities and personnel. Pre - viously, criticisms were levelled that the licens -
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