ENVIRONMENTAL COMPLIANCE& ENFORCEMENT

IN INDIA

Presentation by-

Sarah Thomas & Gretta Castelino

UID- 138124 138104

Objective of the paper

To identify and critically analyse the role of major environmental compliance and enforcement bodies to address the various environmental challenges faced in India

To delve into the larger area of whether new bodies being continually created will improve compliance & enforcement or is it just ‘old wine in new wineskins’

OUTLINE

History

Regulatory Authorities- Need and Inception

Pollution Abatement in India

Case Studies

Key Challenges and Recommendations

Conclusion

HISTORY

International Commitments

Legal Front

Executive Action

Judicial Verdicts

Early 1980s

Forest Conservation Act & Enactment of Air Act

Department of Environment expanded into the MoEF

WORLD CONSERVATION STRATEGY REPORTCreation of Department of

EnvironmentAwareness of sustainable

development

STOCKHOLM CONFERENCE, 1972WATER (PREVENTION & CONTROL OF POLLUTION) ACT; 1974

Right to LifeEnactment of Public Liability

Insurance Act, 1991Provision of immediate relief to victims of chemical accidents

Basel ConventionMoEF notified rules to regulate handling of hazardous wastes

Brundtland CommissionNeed for Sustainable Development

“Polluter Pays Principle” & “Precautionary

Principle”

2010

National Environmental Assessment &

Monitoring Authority

• Established under Water (Prevention and Control of Pollution) Act, 1974

• Abatement of PollutionPCBs

• Set up by Environment Impact Assessment Notification, 2006 (first issued in 1994), under the Environment Protection Act 1986

• Green ClearanceEIAA

• Set up on Supreme Court Order in 2009• AfforestationCAMPA

• Set up on the basis of NGT Act, 2010• Criminal Prosecution of offendorsNGT

• To be set up on a 2013 Supreme Court Order• Overarching second step of monitoringNEAMA

Regulatory Authorities

Regulatory Authorities

PCBs• Can impose only

administrative sanctions

EIA• Deadlines-

Too Short or Too Long

CAMPA • Funds Disbursal

NGT • Accessibility

NEAMA• Outsourcing environmental

decisions

National Environmental Appraisal and Monitoring Authority (NEAMA)

Purpose

Stages ofestablishment

New body NEAMA

Origin

Failure of Existing

institutions to ensure

adequate monitoring

and compliance

Need identified by the

Supreme Court of India for a

new and autonomous

regulator

Role

Not explicitly defined. Will be decided by the

executive, and will not be way

different than objectives of

existing institutions

Creation

Deadline to be established-

March 31st. Now doesn't everyone

know that elections are a little after that,

and the environmental lobby has to be

pleased?!

Pollution Abatement in India

Air Pollution Water Pollution

AIR POLLUTION

Water Pollution

Case Study 1: Goshree Island Development Project, 1994

Case Study 2: Sterlite Industries India Ltd.

1995•First EC without EIA 2003

•On site inspection by MoEF

2013, March 30•Closure Order

2013, May 31•NGT advised Sterlite to take additional anti-pollution measures

Key Challenges and Recommendations

Challenge Recommendation

Credible Enforcement Deterrents

Empower PCBs to impose penalty

Compliance Assurance Uniform definition of compliance

Role of Local Committees NGOs submit public hearing reports

Transparency in Regulation Online publishing of all notifications and reports

Balance Economic Growth and Ecological Sustainability

National Green Accounting with social inclusiveness as indicator

Interagency Co-ordination Strengthen Existing Institutional Infrastructure

Conclusion

THANK YOU!!!