Law for Environmental Protection

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Law for Environmental Protection

• International concern for environmental
  protection
• International concern for Sustainable Development
• UN conference on Human Environment and
  Development-Stockholm-1972
• Result-Stockholm Declaration on the Human
  Environment

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Law for Environmental Protection (Cont)

• Report of the world commission on Environment and
  Development-1987-Brundtland Commission
• Sustainable Development Concept
• Cocoyoc Declaration on Environment and
  Development-1970

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Law for Environmental Protection (Cont)

• Definition
• Sustainable development is the development that
  meets the needs of the present without
  compromising the ability of the future
  generations to meet their own needs

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Law for Environmental Protection (Cont)

• The Earth Summit-
• The United Nations conference on Environment and
  Development (UNCED) popularly known as Earth
  Summit-1992 at Rio de Janeiro-
• 150 Governments participated
• Earth summit was inspired by Brundtland report
  1987

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Law for Environmental Protection (Cont)

• The Result of Summit-Agenda 21
• Agenda 21-a comprehensive Blue print for Global
  actions for Sustainable Development
• Agenda 21-a voluntary action plan
• Agenda 21-Divided into 4 sections

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Law for Environmental Protection (Cont)

• Section I-Social and Economic
• Section II-Conservation and Management of
  Resources for Development
• Section III-Straightening the Role of Major
  Groups
• Section IV-Means of implementation

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Law for Environmental Protection (Cont)

• Role of India
• Constitution-Indian constitution is perhaps one
  of the rare constitutions of the world which
  contains specific provisions relating to
  Environmental protection
• India is a signatory to many Environmental
  treaties

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Law for Environmental Protection (Cont)

• Indian constitution Article 51 (c ) provides that
  India shall respect International treaties
• Devolves duty on the citizen also to preserve the
  nature
• Article 48-A puts duty on the state regarding the
  protection of Environment

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Law for Environmental Protection (Cont)

• All signatories to translate the Summit decisions
  into action-implementation
• India under obligation to implement Environmental
  protection
• Article 253 of the constitution provides for
  power of parliament to make law for implementing
  any treaty

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Law for Environmental Protection (Cont)

• Under this provisions, parliament enacted many
  laws for protection of Environment, prevention of
  pollution
• International law, unless otherwise contrary can
  be construed as binding.

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Law for Environmental Protection (cont)

• Important legislations
• The Water (prevention and control of pollution)
  Act, 1974
• The Air (prevention and control of pollution)
  Act, 1981
• The Environment (Protection) Act,1986
• The National Environment Appellate Authority
  Act,1997
• The National Environment Tribunal Act, 1995

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Law for Environmental Protection (cont)

• The Water (prevention and control of pollution)
  Act, 1974
• Water is the State subject
• Parliament can not legislate on water subject
• States have to agree for parliament legislation
• Majority States resolved for parliament
  legislating
• Parliament therefore, passed the water Act

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Law for Environmental Protection (cont)

• Salient features of the Act (Water Act)-
  objectives
• To prevent and control water pollution
• To maintain wholesomeness of water
• To establish control on State Boards for
  prevention and control of pollution
• To empower the Boards for prevention/control of
  pollution
• To provide penalties for contravention of the
  provisions of the Act
• To establish control on state water testing
  laboratories.

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Law for Environmental Protection (cont)

• Central/State pollution control Boards
• Both the Boards have the objective of pollution
  control
• Main functions of the Central pollution control
  Board
• a) Advise the Central Govt. for control of
  pollution of water
• b) Co-ordinate the activities of the State Boards

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Law for Environmental Protection (cont)

• c) Provide technical assistance and guidance to
  State Boards
• d) Plan and organise training
• e) Media program organising
• f) To perform functions of the State Board in
  case of default
• g) Collect and public technical date
• h) Lay down standards for stream/well
• i) Plan and organize pollution control programs
• j) Establish laboratories for testing

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Law for Environmental Protection (cont)

• Functions of State Boards
• Plan and control/abate pollution of water
• Advise State Govt. on matters of water pollution
• To collect and spread information
• To investigate and conduct research in matters of
  pollution
• To work in tune with CPCB

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Law for Environmental Protection (cont)

• To inspect sewerage or trade effluents
• To lay down standards of sewerage/trade effluents
  etc.

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Law for Environmental Protection (cont)

• To create methods of effluent disposal/sewerage
  disposal
• in land
• in water
• in stream etc.
• To prevent discharge of waste into water
• To advise Govt. with respect to location of
  polluting industries

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Law for Environmental Protection (cont)

• To establish laboratories
• To Co-ordinate with CPCB

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Prevention and Control of Water Pollution

• Under this act, State Government has power to
  restrict the application of the Act to certain
  areas
• It has also power to obtain information
• PCBs have power to take samples of effluents.
• Report of analysis

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Cont

• PCBs have power to enter any factory and inspect
• It can prohibit use of stream or well for
  disposal of polluting matter
• It can regulate new outlets and new discharges

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Cont

• PCBs to undertake emergency measures in case of
  pollution of stream or well
• PCBs can also approach for restraining
  apprehended pollution of water in streams or
  wells
• It can give directions

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Cont

• Water Act Chapter VII
• Under this chapter penalties can be levied for
  certain acts
• - Destruction of notices of PCBs
• - Obstructing PCB persons from doing their duty
• - damaging property of PCBs
• - non furnishing of information

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Cont

• - Failure to intimate accident
• - for willful omission of information
• - or making false statement etc.
• - punishment including imprisonment with penalty
  Rs.10,000 - 3 months

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Cont

• Under this act Central water laboratory, State
  water Laboratories are set up
• Analysts appointed for analyzing the samples
• Reports are published by analysts
• PCBs to take the help from local bodies also

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Cont

• Section 63 of Water Act gives power to make rules
  to Central Government
• Section 64 to State Government
• States shall make rules on matters which are not
  dealt with by the Central Rules

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The Air(Prevention and Control of Pollution) Act,
1981

• Under this act the CPB plays a major role in
  control/abatement of pollution
• It has to advise Central Government for
  improvement of Air quality
• It has to prevent air pollution
• Co-ordinate the activity of state pollution
  control boards

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The Air(Prevention and Control of Pollution) Act,
1981(Cont..)

• Chapter VI of the air act relates to prevention
  and control of air pollution
• The state governments in consultation with the
  Board declare air pollution control areas
• Alter air pollution control areas
• Declare new air pollution control areas

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The Air(Prevention and Control of Pollution) Act,
1981(Cont..)

• The act provides for control of emission from
  auto mobiles
• It also restricts certain industries on the basis
  of air pollution
• It declares the level of air pollutants as per
  standards
• It applies to the courts to restrain persons
  from polluting
• Just like water act it gives power to PCBs to
  enter and inspect the factory.

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Cont

• The wildlife(Protection) Act, 1972
• The National environment tribunal Act, 1995
• The Environmental Protection Act, 1986
• The Bio-Diversity Act, 2002
• Are the other related environmental legislations.

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Law for Environmental Protection (cont)

• Audit issues
• CPCB/SPCBs are major key players in control of
  pollution
• Working to CPCB/SPCBs is the focal point for
  audit
• Regularity audit and performance Audit
• They act on behalf of Govt.
• Regularity Audit-Compliance Audit

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Law for Environmental Protection (cont)

• Areas of compliance Audit
• SAI to audit compliance of international
  requirements for pollution control
• SAI to have the concept of Sustainable
  Development
• SAI to understand the policy
• SAI not to comment on the policy as it will be
  construed as criticism.

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Law for Environmental Protection (cont)

• SAI to ensure in audit implementation of
  Environmental program in tune with the
  established policy
• SAI to verify whether national targets for
  pollution control of water has been set
• If so, whether the targets are as per the
  International accord

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Law for Environmental Protection (cont)

• Whether there is any backlog in achieving the
  targets
• Whether the target itself is realistic
• Whether sufficient reasons have been adduced for
  non achievement of targets
• Whether there is close monitoring of the targets
  and action for non achieving taken at appropriate
  levels

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Law for Environmental Protection (cont)

• SAI to audit the budget for environmental
  programs
• SAI to comment on the adequacy with reference to
  the target set
• SAI to consider the Sustainable Development
  concept

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Law for Environmental Protection (cont)

• SAI to comment on the excess spending-absence of
  budgetary Control
• SAI to comment on the savings (lack of
  implementation)
• Saving in environmental areas will project a bad
  picture as saving means less environmental
  degradation to that extent

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Law for Environmental Protection (cont)

• Working of the CPCB/SPCBs to be audited on
  Performance Audit basis
• Concepts of 3 E Es-Economy,efficiency and
  effectiveness,plus 2 EEs, that is ethics and
  equity
• Working of the Board-includes all objectives and
  the results of performance
• To see, how far the targets set by Central Govt.
  (CPCB) have been achieved
• Shortfall to be commented

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Law for Environmental Protection (cont)

• Working is whether cost effective or not
• Whether extra expenditure/nugatory expenditure
  etc. have been incurred.
• Whether there is responsibility
  centre/accountability in the Board
• Whether it is compiling reliable data and
  reporting

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Law for Environmental Protection (cont)

• Whether the CPCB has undertaken any major project
• If so, the project to be subjected to Performance
  Audit
• Whether the CPCB is compiling data on which
  further planning is to be done
• If so, whether the data is reliable and complete

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Law for Environmental Protection (cont)

• Audit at Ministry level
• A Macro level analysis-
• Whether the Ministry has compiled reliable and
  complete data regarding pollution problems.
• Whether the data regarding quality of water in
  each area is available
• Whether the details of pollution level of various
  rivers/lakes/streams are available

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Law for Environmental Protection (cont)

• Whether CPCB is networking with other SPCBs for
  pollution control activities.
• Whether the wholesomeness of water is regularly
  tested and data made available to the concerned
• Whether the concerned has taken any action for
  improving the quality of water
• Water quality is essential as it affects the
  health of the people.

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Law for Environmental Protection (cont)

• SAI to check the budget for unit wise allocation
  of funds for environmental activities
• SAI to check whether monitoring system exists
  within the Ministry to review progressive
  expenditure
• SAI to check whether grants given to various NGOs
  are utilized properly.
• SAI to verify the mechanism of Ministrys
  monitoring of utilisation of grants by the
  departments as well as the NGOs
• SAI to verify whether Ministry has data regarding
  submission of audited statement of Accounts for
  grant utilization by NGOs

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Law for Environmental Protection (cont)

• SAI to verify the implementation of environmental
  policy at the Ministry level
• SAI to see whether a reliable and documented MIS
  exists in the Ministry to measure achievement
  against international targets
• SAI to ensure that the Government reports to its
  parliament regarding implementation of
  International treaties/accords
• SAI to monitor the directives of the parliament
  to Ministry regarding compliance of Environmental
  laws.

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Law for Environmental Protection (cont)

• Regional/state level implementation
• States have to comply with the directives of the
  Central Ministry (CPCB) through the state CPCBs
• Targets and achievement of environmental issues
  desired by Ministry to be reviewed/commented
• SAI to ensure that targets set are realistic
• SAI to verify the performance indicators
• SAI to ensure that the performance indicators are
  measurable and realistic

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Law for Environmental Protection (cont)

• State/Regional level implementation is through
  the state PCBs
• MIS available at the SPCBs are checked for
  reality/integrity and correctness
• Implementation especially with reference to
  international accords are to checked thoroughly
  and reported
• Shortfall in targets to be commented
• Cost benefit analysis in terms of environmental
  issues is to be checked and reported.

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Law for Environmental Protection (cont)

• Program level Audit
• Financial Audit
• Grant accounts are kept on cash accounting basis
• This method will reveal only 1 year position
• Accrual system gives a wider perspective of
  environmental issues
• It will give a totality of the issue-liability or
  asset
• In case of non compliance of certain treaty
  provisions liability arises
• In accrual system such liability will be shown in
  totality

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Law for Environmental Protection (cont)

• In units of commercial nature
• Certification of Financial Statements will focus
  on environmental assets/liability
• In case of creation of environmental assets such
  as ETPs, Gas chambers etc. the methods of
  depreciation to be checked
• Assets of environmental nature shall have
  speedier wear/tear
• Certification to take care of additional
  depreciation and high maintenance cost.

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Law for Environmental Protection (cont)

• Penalties on account non compliance of directives
  of SPCBs to be checked in accounts of commercial
  concerns
• All legal matters either beneficial for
  detrimental to be accounted for in F S
• Legal cases contingent liability to be
  reflected/disclosed in accounts.

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Law for Environmental Protection (cont)

• The auditee units wher implementation of
  environmental issues is going shall be audited to
  see
• that all PCB directions are complied with
• that all requisite returns are submitted in time
• that all dues to the PCBs such as water cess are
  paid in time

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Law for Environmental Protection (cont)

• all targets set by PCBs have been achieved
• all precautions for control of emission of
  noxious gas, pollution of Water, air etc have
  been taken and documented.

51
Law for Environmental Protection (cont)

• Performance Audit
• Auditee units carrying out environmental
  activities are subjected to Performance Audit
• Governmental schemes/projects are also audited
  for performance appraisal
• Units/Schemes are assessed for
• achieving of targets
• providing for targeted benefits to the public

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Law for Environmental Protection (cont)

• economic implementation of the schemes avoiding
  wasteful, nugatory and extra expenditure
• efficient running of the unit or implementation
  of the scheme/project where by budgets are fully
  utilised
• effective working/running of the schemes ,
  projects

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Law for Environmental Protection (cont)

• Overall legislative compliance of the law
  provisions will be seen
• at National level
• State/Regional level through PCBs
• program/project level at the local level
• SAI shall ensure that the law provisions are not
  only complied with but also reported to
  Parliament. In case of failure at the Executive
  level SAI shall report to the Parliament through
  Audit Reports.