Environmental & Pollution

Laws in India

Justice T S Doabia

First Edition 2005Second Edition 2010Third Edition 2017

Environmental & Pollution

Laws in India

Justice T S Doabia

Appendices

Justice T S DoabiaFormer Judge, Punjab & Haryana,

Madhya Pradesh and Jammu & Kashmir High Court

M S Doabia Advocate, Formerly Deputy Advocate General, Punjab

I P S DoabiaAdvocate, Punjab & Haryana High Court, Chandigarh

Senior Panel Counsel, Union of India for the High Court of Punjab and Haryana &

Additional Standing Counsel, Union Territory of Chandigarh

Third Edition

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Dedicated toThe Memory of my Father

—Late Sardar Harbans Singh Doabia(Former Additional Advocate-General, Punjab)

(1907-1999)

—T. S. Doabia

Excerpts from Landmark Judgments of the Supreme Court

Sustainable Development and Corporate Social Responsibility are inseparable twins, inte-grated into the principles of Inter and Intra-Generational Equity, not merely human-centric, but eco-centric. Corporate Social Responsibility is much more when the Project proponent sets up Nuclear Power Plants, thermal power plants, since every step taken for generation of energy from such hazardous substances, is bound to have some impact on human beings and environment, even though it is marginal. The Department of Public Enterprises, recently, issued a Comprehensive Guidelines on Corporate Social Responsibility for Central Public Sector Enterprises, which includes Nuclear Power Corporation of India, to create, through the Board Resolution.

Justice Dipak MisraG. Sundarrajan v. Union of India, (2013) 6 SCC 620

Humanity is dependent on nature and it has obligation to conserve nature.Justice A K Sikri

Union of India v. Zavaray S. Poonawala, (2015) 7 SCC 347

Environmental justice could be achieved only if we drift away from the principle of anthro-pocentric to eco-centric. Many of our principles like sustainable development, polluter-pays principle, inter-generational equity have their roots in anthropocentric principles. Anthro-pocentrism is always human interest focused and that non-human has only instrumental value to humans. In other words, humans take precedence and human responsibilities to non-human based benefits to humans. Ecocentrism is nature-centred where humans are part of nature and non-humans have intrinsic value. In other words, humans independently of human interest. Ecocentrism is therefore life-centred, nature-centred where nature includes both humans and non-humans.

Justice K S P Radhakrishnan T.N. Godavarman Thirumulpad v. Union of India, (2012) 3 SCC 277

Preface to the Third Edition

There is hardly an element which is not covered by the concept of environment. In India we call the earth as “Bharat Mata”. If this philosophical ideal is kept in mind by the citizens of this country then there would be a dramatic change in the environment around us. We exploit and misuse this planet without understanding the ultimate effects. The best illustration of this is found in the statement of Red Indian Chief of Seattle, One Hundred and Sixty Three years ago, in 1854, the wise Indian Chief of Seattle’ replied to the offer of ‘the great White Chief in Washington’ to buy their land. The reply is profound. It is beautiful. It is timeless. It contains the wisdom of the ages. It is the first ever and the most outstanding statement on environment. It is also worth quoting. To abridge it or to quote extracts from it is to destroy its beauty. You cannot scratch a painting and not diminish its beauty.

He said:-“How can you buy or sell the sky, the warmth of the land”“The idea is strange to us. “If we do not own the freshness of the air and the sparkle of the water, how can you buy them?”“Every part of the earth is sacred to my people. Every shining pine needle, every sandy shore, every mist in the dark woods, every clearing and humming insect is holy in the memory and experience of my people. The sap which courses through the trees carries the memories of the red man”.

If the above sentiments as shown by the Red Indian Chief are observed then, this earth would be a happier place to live in. To the Red Indian Chief the unfurling of the leaf in spring, the rustle of the insect wings and the sound of frogs in the water was very precise. The views of the Red Indian Chief of Seattle, stands recorded in Chapter VII of this book.

So far as the present edition is concerned, this is being published after a gap of almost six years. During this period, the Supreme Court of India has commented on various topics dealing with environment.

The Supreme Court has dealt with extensive illegal mining operations in the State of Andhra Pradesh, Karnataka and Goa. The subject of wild animals and more particularly the Asiatic Lions has also been included. The Supreme Court of India was of the opinion that keeping the entire pride of animals at one place can lead to the destruction of the whole pride. The Court felt that the Asiatic Lions should have a second home. Again, the wild buffalos in Chhattisgarh, were subject-matter of concern. These wild buffalos were being domesticated. The cruelty to animals and animal races in the State of Tamil Nadu and Maharashtra has also been commented upon by Courts time and again. The authorities were directed to frame regulations for the proper transport of animals which are taken to the slaughter houses.

Various cases are reported on the construction of atomic energy plants, particularly in the State of Tamil Nadu, which has attracted the attention of the Supreme Court of India.

The National Green Tribunal, has also been actively deliberating on the subject of environ-ment. It has shown its concern for the rivers. The Tribunal has noticed that all attempts made to

vii

clean the rivers have so far not had much impact. The Uttarakhand High Court, much against the wishes of the State Government, has declared river Ganga and Yamuna as living entities.

Issues such as pollution of the sea beaches and the coastal region along with the Genetically Modified Organism have been attended to in this Book.

The problem caused by Asbestos which is rampant in United Kingdom has also been digested in this Book. Who should be liable to compensate the workmen when he changes his em-ployer number of times has also been commented upon by the Courts in United Kingdom? This aspect of the matter has been incorporated in this Book.

I am confident that all those who deal with the subject of environment, i.e. from common men to experts would find the book useful.

I am thankful to readers who have appreciated the previous editions.

Chandigarh Justice T.S. Doabia (Retd.)June 2017

viii Preface to the Third Edition

Foreword to the Second Edition

‘The glories of the rising or setting sun, the magnificent spectacles of the boundless ocean, sometimes so grand in its peaceful tranquility, at others so majestic in its mighty power, the forests agitated by the storm or alive with the song of birds; the glaciers and mountains are events which cannot be forgotten. The love of nature is a great gift and if it is frozen or crushed out, the mankind can hardly fail to suffer from the loss.’1 There is a commonly recognized link between laws and social values. The god who brought us on this land did so for some special purpose. He gave us dominion over this land. To ecologists, a balance between laws and values is not alone sufficient to ensure a stable relationship between humans and their environment. Laws and values must also contend with the constraints imposed by the outside environment. ‘Man did not weave the web of life, he is merely a strand in it. Whatever he does to the web, he does to himself.’2

‘We have changed the environment to fit our conceptions of propriety. The environment has proven malleable and to a large extent still is, but there is a limit to this malleability and certain types of ecologically important resources, for example, wetlands and riparian forests, can no longer be destroyed without enormous long-term effects on environment and therefore, social stability. To ecologists, the need for preserving sensitive resources does not reflect choices but rather is the necessary result of objective observations of the laws of nature.’3 An environmental scientists provides us with certain laws of nature. These laws, just like our own laws, restrict our freedom of conduct and choice. Unlike our laws, the laws of nature cannot be changed by legislative fiat; they are imposed on us by the natural world.

‘We must remember that the ground beneath our feet contains the ashes of our ancestors. Whatever befalls the earth befalls our children. Every one says that the earth is our mother, then why spit on it. If men spit upon the ground, they spit upon themselves. This earth is precious. The earth does not belong to man; man belongs to the earth.

‘Our forefathers were used to hearing the unfurling of leaves in spring or the rustle of an insect’s wings. And what is there in life if a man cannot hear the lonely cry of the whippoor-will or the arguments of the frogs around a pond at night? Our ancestors preferred the soft sound of the wind darting over the face of a pond, and the smell of the wind itself, cleansed by a mid-day rain, or scented with the pinion pine.’2

‘We should not forget moral imperatives. All tiny mechanisms provide the preconditions of our planetary life. To say we do not care is to say in the most literal sense that “we choose death”.’3

I have gone through the Second Edition of the Book “Environmental and Pollution Laws” by Justice T. S. Doabia, (Retd.). The book has a philosophical touch. The moral values es-

MINISTER OFLAW & JUSTICE

GOVERNMENT OF INDIADR. M. VEERAPPA MOILY

ix

sential for protection of environment have been highlighted. The case law from this country and other jurisdictions has also been digested. The Division of the book in 22 Chapters with exhaustive index shows the labour which has gone into this book.

We must respect nature. This is the broad message conveyed by the Author.

I wish him all success.

(DR. M. VEERAPPA MOILY)Dated14th June, 2010

x Foreword to the Second Edition

1. Sir John Lubbock, The Pleasures of Life, Chapter VIII, http://www.authorama.com/pleasures-of-life-22.html

2. Words attributed to Chief Seattle, who as leader of the Suquamish and other Indian peoples, was responding to the US Government offer to buy two million acres of their land in the mid-nineteenth century.

3. Professor Barbara Ward quoted in MC Mehta v. Kamal Nath, [1997] Supp 10 SCR 12; 1997 (1) SCC 388.

Preface to the Second Edition

The first edition of the book was published in the year 2005.

Since then several significant pronouncements have been made by the Supreme Court of India. These judgments tell us how to protect and preserve forests. Uncontrolled mining activity which is responsible for polluting air and water has to be controlled. New concepts such as net present value, social cost account system, compensatory afforestation and forest management etc., have been evolved. The Supreme Court of India has taken a very strict view so far as destruction of forests is concerned. It is on these matters there is sufficient case law. Again the effect of hazardous substances on water and also in the coastal areas has been deliberated upon.

In this book not only judgments of the Supreme Court of India but of other jurisdictions from United Kingdom and European Union have been digested. The concept of strict liability in India is different from that which is prevalent in United Kingdom. The effect of asbestos on workers and grant of damages has been deliberated by House of Lords. It has been held that even if a worker is not sure as to in which establishment he got infected, he can still maintain claim for damages. The liability of a person who comes into possession of land which was polluted long way back has also been taken note of.

I must express my respectful gratitude to Dr. M. Veerappa Moily, Union Minister for Law & Justice who was kind enough to write the Foreword to the new edition of this book.

Various cases are reported on the construction of atomic energy plants, particularly in the State of Tamil Nadu, which has attracted the attention of the Supreme Court of India.

The National Green Tribunal, has also been actively deliberating on the subject of environ-ment. It has shown its concern for the rivers. The Tribunal has noticed that all attempts made

3rd June, 2010 JUSTICE T. S. DOABIA

xi

MINISTER OFLAW & JUSTICE

GOVERNMENT OF INDIAH.R. BHARDWAJ

Foreword to the First Edition

Life is a glorious gift from God. Human being is the epitome of the infinite prowess of the divine creator. Nature plays a dominant role in the lives of all creations. Natural objects like rivers, mountains, forests etc. enjoy a high position in the life of all societies. The Rig-Veda praises the beauty of the dawn–usha and worships nature in all its glory. Rivers were consid-ered as goddesses having not only purifying capacity but also self-purifying ability. Pollu-tion of the water of a river was considered as a sin and it attracted punishments of different kinds. Kautilya fixed the punishment on the basis of importance of the part of the tree that was damaged. Religious and moral sanctions were sufficient to protect environment. With the passage of time, these values faded away and a need was felt to have statutory protection for all that falls within the broad spectrum of the word ‘Environment’.

The author is not new to book writing. He was editing law journals much before he graduated in the Discipline of Law. I have perused the book with the abiding interest. I find that some of the subjects, i.e. “Doctrine of Public Trust”, “Polluter Pays”, “Precautionary Principles” have been dealt with elaborately. The subjects of “Genetically Modified Organism”, “Envi-ronmental Insurance” and the responsibility of the Financial Institutions when pollution is caused by the units to whom financial assistance is given, are new subjects but have been dealt with in detail.

I am confident that this book would be useful to all those who are concerned with the inter-pretation and implementation of the Environmental Laws.

Dated26th September, 2004

xiii

Preface to the First Edition

What is environment?The answer to this is to reformulate the question as “what is not environment?”The Mother Earth on which we spend our life span and ultimately mingle with its dust, the water, which cleans everything including humans internally and externally, the air without which no life can survive are all elements, which fall within the term “Environment”.Alas, what have we done to spoil it? As a matter of fact what we have not done? Earth has been over exploited. Water has been contaminated with all conceivable pollut-ants. Air has been fouled with visible and invisible gaseous substances and suspended particulates. The gifts of nature are meant for all of us. This is found reflected in the concept of “Public Trust”. These gifts are meant not only for the present generations but are meant for future generations also. It is here the concept of “inter-generational equity” has been evolved. Human beings are at the centre of all developments but these developments should not be at the cost of environment. “Sustainable Development” is the term coined for this purpose. Prevention is better than cure. This concept stands judicially recognized under the heading ‘Precautionary Principle’. Whosoever is re-sponsible for causing damage to environment must pay the costs of measures taken to remedy the ill effects. Polluter Pays is the term evolved for this purpose. The capacity of the polluter and the damage caused by him can be taken note of. This is so laid down by the Supreme Court of India in the case of Deepak Nitrate Limited v. State of Gujarat, (2004) 6 SCC 191. Strategies have been evolved for protecting forest, coastal areas, wild life, bio-diversity, river systems, ground water, wet lands and mountain eco systems. All these topics do fall within the protective umbrella provided by Environmental Laws. Conservation of man made heritage and the environmental standards in this regard have been laid down. There is a need for clean technologies. For these purposes environmental awareness vis-à-vis environmental standards is a must. Environmental management is a concept, which has to be given effect too. All these matters are now part and parcel of National Environment Policy of 2004.This book deals with various aspects of environment. The concept of Sustainable Devel-opment, Precautionary Principle and Polluter Pays Principle has become part and parcel of Indian Judicial System. The Doctrine of Pubic Trust was recognized and given effect to in Span Resort’s case. As a matter of fact there is hardly any sphere of human activity where judicial intervention has not reached. The Courts have dealt with environment in general. In particular they have addressed to specific subject also. Air Pollution, Water Pollution, Noise Pollution, Sanitation are some of the subjects which affect every com-mon man. All these subjects have been dealt within various judicial pronouncements. The forest cover stands protected through judicial intervention. Similarly, mining activity all over the country stands regulated.As to what are the constitutional rights available to a citizen of India and as to who can come forward to sustain and enforce these rights has been elaborated. As a matter of fact

xv

xvi Preface to the First Edition

all the topics regarding which concern has been shown in the National Environment Policy have been incorporated. Water disputes are arising between neighbours and neighbourly States. This is because fresh water resources are now a scarce commodity. There is need to preserve river systems, there is need to preserve ground water, wet lands and also sea. Radiation threat and the nuclear blast may create a situation where sea life may become extinct. Sea is a source, which generates fresh water. This is important for this Country, as without a cycle of good monsoon this Country would become a desert. Thus, environment is a subject, which touches all living being on this Planet. Human beings however have spared no efforts to cause damage to the well knit natural system. It has been judicially noticed that the loss of fauna and flora during the last fifty years is at an unprecedented pace. This much damage was not caused during the rest of the existence of life on this Planet. The ill effects of this have been noticed. The developed nations though show their concern but are keen to continue with their pace of development at the cost of under developed nations. This aspect of the matter would become apparent when the stand taken by the US Presidents vis-à-vis taking steps to reduce green house effect on Earth’s atmosphere was being considered. As a matter of fact there is a feeling in countries with cold climate that increase in the World’s temperature would lead to reduction of their power bill. In the present scenario when distance stands reduced by high speed jet travel. Every Nation is dependent on the other. This is precisely the reason that the European Union has evolved a system by which they control environmental pollution caused by independent Sovereign States within the Union. Town Planning is one subject, which is equally important from environmental point of view. This is essential also. Conversion of open spaces and parks into residential and commercial areas stands banned and regulated only because of the decisions given by the High Courts and the Supreme Court of India.The Pollution Control Boards set up under the Air (Prevention & Control of Pollution) Act, 1981 and Water (Prevention & Control of Pollution) Act, 1974 are doing their best to keep the environment clean.Some of the tragedies, which have occurred in the last century including Bhopal Gas Tragedy, have again engaged the attention of the environmentalists and the Courts. The Supreme Court of India has been monitoring this case. As a matter of fact monitoring is being done vis-à-vis other matters i.e. mining operations, damage which is being caused to forests and also the ill effects of pollution, which is affecting national monuments.The role played by the United Nation’s Organisations at the World Level is equally cred-itable. This has motivated the powerful and developed nations to come to a conference table and they have been forced to deal with the subject seriously. Efforts have been made to deal with all aspects of pollution in this book. The case law as developed in England, America and India stands digested. Some important decisions given by the European Council have also been included at appropriate places. As a mat-ter of fact concern was shown in United Kingdom for keeping environment free from pollution more than hundred years ago i.e. much before steps were taken in this Country. In this effort of mine I am thankful to Wadhwa Brothers of Wadhwa and Company, Nagpur, the publishers. My association with the publishers is of more than sixty years. It was in 1945 my father Sardar Harbans Singh Doabia, who was at that time

Preface to the First Edition xvii

practising in Lahore High Court had written the first book ‘Law of Elections & Election Petitions’. This book was being distributed through A H Wheeler & Co. who were the sole booksellers at the Railway Stations all over the Country. Shri Chetan Das Wadhwa happened to notice this book and approached my father to author the Second Edition of this book. This Edition was published in early Fifties. Later on several other books including ‘Indian Election Cases 1935-1950’, Doabia’s Election Cases, 1864-1935, ‘Doabia’s Election Manual’ were published. It was in 1961 I got associated with the publishers directly when Election Reports were edited by me. In 1966 the First Edition of ‘Law of Services & Dismissals’ was published. The Second Edition was published in 1968. The Third Edition came in 1970. In between the publishers published ‘Supreme Court on Constitution of India’ and ‘Law of Prevention Detention in India’. Then there was a communication gap between the publishers and me; this communication stands re-established now and the present book is the result.The publishers have added Part II & Part III to this book. The Contributions to this have been made by those who have long experience of implementing this branch of law at ground level.I acknowledge the contribution made by my wife Rani, who has been helping me in preparing Table of Cases and Index to all my previous books. When the computer system was not there this difficult task used to be done manually. Even in the matter of proof reading she has been helping me as a copy holder. Above all she made no grievance when spare time meant for family was being used for book writing. As to how a common man on the street get affected by legal issues and as to what his reactions are, are matters on which I have been getting her views. These views were always helpful as first reaction to any situation is always the correct reaction.In the matter of writing books I owe a great deal to my father Late Sardar Harbans Singh Doabia (Former Additional Advocate-General, Punjab 1959-64) who got me involved in the art of book writing when I was student of law. I continued with publication of several books independently of the present publishers. These consisted of 17 Volumes of Punjab Local Acts and 14 Volumes of Haryana Local Acts. I have also been editing legal journals. On my elevation as a Judge of the High Court I thought that I would be able to devote some time to book writing but I found that there is hardly any spare time for any other activity if one has to devote only to the judicial system. It was for this reason there was almost a gap of 10 years in my book writing. I tried my hand again and found that I could still do this. I am hopeful that this effort of mine would be appreciated by all those dealing with this branch of law. I must express my respectful gratitude to Shri H. R. Bhardwaj, Union Minister for Law & Justice who has written Foreword to this book. He has been guiding force for me all through.

15th October, 2004“Navratra Days” JUSTICE T. S. DOABIA

xix

JUSTICE T S DOABIA

ENVIRONMENTAL & POLLUTION LAWS Third Edition 2017

Contents

APPENDICES

Title Page ............................................................................. iii Preface to the Third Edition ................................................ vii Foreword to the Second Edition .......................................... ix Preface to the Second Edition .............................................. xi Foreword to the First Edition .............................................. xiii Preface to the First Edition ................................................. xv

PART I WATER

APPENDIX PAGE

1. THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974 (6 OF 1974) ................................................................

A.1

2. THE WATER (PREVENTION AND CONTROL OF POLLUTION) RULES, 1975 ...............................................................................

A.48

3. CENTRAL BOARD FOR THE PREVENTION AND CONTROL OF WATER POLLUTION (PROCEDURE FOR TRANSACTION OF BUSINESS) RULES, 1975 .............................................................

A.77

4. THE WATER (PREVENTION AND CONTROL OF POLLUTION) CESS ACT, 1977 (36 OF 1977) ....................................................

A.80

5. THE WATER (PREVENTION AND CONTROL OF POLLUTION) CESS RULES, 1978 ......................................................................

A.88

xx Arrangement of Subject of Appendices

PAGE

PART II AIR

6. THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981 (14 OF 1981) ..........................................................

A.96

7. THE AIR (PREVENTION AND CONTROL OF POLLUTION) RULES, 1982 ............................................................................

A.124

8. THE AIR (PREVENTION AND CONTROL OF POLLUTION) (UNION TERRITORIES) RULES, 1983 ........................................

A.136

PART III ENVIRONMENT

9. THE ENVIRONMENT (PROTECTION) ACT, 1986 (29 OF 1986) ..................................................................................

A.152

10. THE ENVIRONMENT (PROTECTION) RULES, 1986 ................... A.219

11. THE MANUFACTURE, USE, IMPORT, EXPORT AND STORAGE OF HAZARDOUS MICRO-ORGANISM GENETICALLY ENGINEERED ORGANISM OR CELLS RULES, 1989 ...................

A.482

12. THE HAZARDOUS WASTE (MANAGEMENT, HANDLING AND TRANSBOUNDARY MOVEMENT) RULES, 2008 ........................

A.502

13. THE MANUFACTURE, STORAGE AND IMPORT OF HAZARDOUS CHEMICALS RULES, 1989 ...................................

A.557

14. SCHEME OF LABELLING OF ENVIRONMENT FRIENDLY PRODUCTS (ECO-MARK) .......................................................

A.592

15. THE BUREAU OF INDIAN STANDARDS (CERTIFICATION) (AMENDMENT) REGULATIONS, 1997 ......................................

A.600

16. RESTRICTING CERTAIN ACTIVITIES IN SPECIAL SPECIFIED AREA OF ARAVALLI RANGE ....................................................

A.610

17. THE CHEMICAL ACCIDENTS (EMERGENCY PLANNING, PREPAREDNESS AND RESPONSE) RULES, 1996 .......................

A.614

18. BIO-MEDICAL WASTE MANAGEMENT RULES, 2016............... A.641

19. THE PLASTICS MANUFACTURE, SALE AND USAGE RULES, 1999 .........................................................................................

A.671

20. THE CONSTRUCTION AND DEMOLITION WSTE MANAGEMENT RULES, 2016 ..................................................................................

A.688

Arrangement of Subject of Appendices xxi

PAGE

21. THE MUNICIPAL SOLID WASTES (MANAGEMENT AND HANDLING) RULES, 2000 ......................................................

A.701

22. THE NOISE POLLUTION (REGULATION ANDCONTROL) RULES, 2000 ..........................................................

A.741

23. THE OZONE DEPLETING SUBSTANCES (REGULATION AND CONTROL) RULES, 2000 ..........................................................

A.746

24. THE BATTERIES (MANAGEMENT AND HANDLING) RULES, 2001 ............................................................................

A.793

25. E-WASTE (MANAGEMENT) RULE, 2016.................................. A.806

PART IV

PUBLIC LIABILITY INSURANCE

26. THE PUBLIC LIABILITY INSURANCE ACT, 1991 ...................... A.836

27. THE PUBLIC LIABILITY INSURANCE RULES, 1991................... A.845

PART V

NATIONAL GREEN TRIBUNAL

28. THE NATIONAL GREEN TRIBUNAL ACT, 2010 ........................ A.858

29. THE NATIONAL GREEN TRIBUNAL (PRACTICES AND PROCEDURE) RULES, 2011 ......................................................

A.875

PART VI NATIONAL ENVIRONMENT POLICY, 2006

NATIONAL ENVIRONMENT POLICY, 2006 ............................... A.890

1. Preamble ....................................................................................................... A.891 2. Key Environmental Challenges: Causes and Impacts ................................. A.892 3. Objectives of the National Environment Policy .......................................... A.894 i. Conservation of Critical Environmental Resources: ......................... A.894 ii. Intra-generational Equity: Livelihood Security for the Poor: ............ A.894 iii. Inter-generational Equity: ................................................................... A.894 iv. Integration of Environmental Concerns in Economic and Social

Development: ...................................................................................... A.894 v. Efficiency in Environmental Resource Use: ...................................... A.894 vi. Environmental Governance: ............................................................... A.895 vii. Enhancement of Resources for Environmental Conservation: .......... A.895

xxii Arrangement of Subject of Appendices

PAGE

4. Principles ...................................................................................................... A.895 i. Human Beings are at the Centre of Sustainable Development Con-

cerns: ................................................................................................... A.895 ii. The Right to Development: ................................................................ A.895 iii. Environmental Protection is an Integral part of the Development

Process: ............................................................................................... A.895 iv. The Precautionary Approach: ............................................................. A.895 v. Economic Efficiency: ......................................................................... A.895 vi Entities with “Incomparable” Values: ................................................ A.896 vii. Equity: ................................................................................................. A.896 viii. Legal Liability: ................................................................................... A.897 ix. Public Trust Doctrine: ........................................................................ A.897 x. Decentralization: ................................................................................. A.897 xi. Integration: .......................................................................................... A.897 xii. Environmental Standard Setting: ....................................................... A.898 xiii. Preventive Action: .............................................................................. A.898 xiv. Environmental Offsetting: .................................................................. A.898 5. Strategies and Actions .................................................................................. A.898 5.1 Regulatory Reforms: ........................................................................... A.898 5.1.1 Revisiting the Policy and Legislative Framework: ............................ A.899 5.1.2 Process Related Reforms: ................................................................... A.899 (i) Approach ................................................................................... A.899 (ii) Framework for Legal Action .................................................... A.900 5.1.3 Substantive Reforms: .......................................................................... A.900 (i) Environment and Forests Clearances: ...................................... A.900 (ii) Coastal Areas: ........................................................................... A.901 (iii) Living Modified Organisms (LMOs): ...................................... A.901 (iv) Environmentally Sensitive Zones: ............................................ A.902 (v) Monitoring of Compliance: ...................................................... A.902 (vi) Use of Economic Principles in Environmental Decision-

making: ...................................................................................... A.902 5.2. Enhancing and Conserving Environmental Resources: .................... A.903 5.2.1 Land Degradation: .............................................................................. A.904 5.2.2 Desert Ecosystems: ............................................................................. A.904 5.2.3 Forests and Wildlife: .......................................................................... A.905 (i) Forests: ...................................................................................... A.905 (ii) Wildlife: .................................................................................... A.906 5.2.4 Biodiversity, Traditional Knowledge, and Natural Heritage: ............ A.907 5.2.5 Freshwater Resources: ........................................................................ A.908 (i) River Systems: .......................................................................... A.909 (ii) Groundwater: ............................................................................ A.910 (iii) Wetlands:................................................................................... A.912 5.2.6. Mountain Ecosystems: ........................................................................ A.913 5.2.7. Coastal Resources: .............................................................................. A.914 5.2.8. Pollution Abaement: ........................................................................... A.914 (i) Air Pollution: ............................................................................. A.915 (ii) Water Pollution: ........................................................................ A.916 (iii) Soil Pollution: ........................................................................... A.916 (iv) Noise Pollution: ........................................................................ A.917 5.2.9 Conservation of Manmade Heritage: ................................................. A.918 5.2.10 Climate Change: ................................................................................. A.918

Arrangement of Subject of Appendices xxiii

PAGE 5.3 Environmental Standards, Management Systems, Certification, and

Indicators: ........................................................................................... A.920 5.3.1 Environmental Standards: .................................................................. A.920 5.3.2 Environmental Management Systems, Eco-labeling and Certification: . A.921 5.4 Clean Technologies and Innovation: .................................................. A.922 5.5 Environmental Awareness, Education, and Information: .................. A.922 5.6 Partnerships and Stakeholder Involvement: ....................................... A.923 5.7 Capacity Building: .............................................................................. A.924 5.8 Research and Development: ............................................................... A.925 5.9 International Cooperation: .................................................................. A.925 5.10 Review of the Policy: ......................................................................... A.925 5.11 Review of Implementation: ................................................................ A.926 6. Process of Formulation of this Policy: ......................................................... A.926