G OVERNMENT & E NVIRONMENT Raminder Chowdhary Ver 2010 – (5)

C OVERED HERE ARE : IFS Environment Protection Water Pollution Air Pollution Forest Conservation Biodiversity Wildlife Animal Welfare CDM (Clean Development Mechanism)

I NDIAN F OREST S ERVICE The Indian Forest Service aims at scientifically managing and protecting the forests of India. It was constituted in the year 1966 under the All India Services Act, 1951 by the Government of India. The main mandate of the service is the implementation of the country’s National Forest Policy which envisages scientific management of forests and to exploit them on a sustained basis for primary timber products, among other things. The responsibility of managing the forests is done by the State Forest Departments under the respective State governments.

E NVIRONMENT P ROTECTION The Environment (Protection) Act was enacted in 1986 with the objective of providing for the protection and improvement of the environment. It empowers the Central Government to establish authorities [under section 3(3)] charged with the mandate of preventing environmental pollution in all its forms and to tackle specific environmental problems that are peculiar to different parts of the country. The Act was last amended in No.29 of 1986, [23/5/1986] - The Environment (Protection) Act, 1986, amended 1991 Rules S.O.844(E), [19/11/1986] - The Environment (Protection) Rules, 1986

EPA C OVERS Coastal Regulation Zone Delegation of Powers Eco-marks Scheme Eco-sensitive Zone Environmental Clearance – General Environmental Labs Environmental Standards Hazardous Substances Management Loss Of Ecology Noise Pollution Ozone Layer Depletion Water Pollution 2-T Oil

W ATER P OLLUTION The Water (Prevention and Control of Pollution) Act was enacted in 1974 to provide for the prevention and control of water pollution, and for the maintaining or restoring of wholesomeness of water in the country. The Act was amended in The Water (Prevention and Control of Pollution) Cess Act was enacted in 1977, to provide for the levy and collection of a cess on water consumed by persons operating and carrying on certain types of industrial activities. This cess is collected with a view to augment the resources of the Central Board and the State Boards for the prevention and control of water pollution constituted under the Water (Prevention and Control of Pollution) Act, The Act was last amended in 2003.

A IR P OLLUTION The Air (Prevention and Control of Pollution) Act was enacted in 1981 and amended in 1987 to provide for the prevention, control and abatement of air pollution in India.

F OREST C ONSERVATION The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, recognizes the rights of forest-dwelling Scheduled Tribes and other traditional forest dwellers over the forest areas inhabited by them and provides a framework for according the same. The Forest Conservation Act 1980 was enacted to help conserve the country’s forests. It strictly restricts and regulates the de-reservation of forests or use of forest land for non-forest purposes without the prior approval of Central Government. To this end the Act lays down the pre- requisites for the diversion of forest land for non-forest purposes. The Indian Forest Act, 1927 consolidates the law relating to forests, the transit of forest-produce and the duty leviable on timber and other forest-produce.

B IODIVERSITY The Biological Diversity Act 2002 was born out of India’s attempt to realise the objectives enshrined in the United Nations Convention on Biological Diversity (CBD) 1992 which recognizes the sovereign rights of states to use their own Biological Resources. The Act aims at the conservation of biological resources and associated knowledge as well as facilitating access to them in a sustainable manner and through a just process For purposes of implementing the objects of the Act it establishes the National Biodiversity Authority in Chennai.

W ILDLIFE The Government of India enacted Wild Life (Protection) Act 1972 with the objective of effectively protecting the wild life of this country and to control poaching, smuggling and illegal trade in wildlife and its derivatives. The Act was amended in January 2003 and punishment and penalty for offences under the Act have been made more stringent. The Ministry has proposed further amendments in the law by introducing more rigid measures to strengthen the Act. The objective is to provide protection to the listed endangered flora and fauna and ecologically important protected areas.

A NIMAL W ELFARE The Prevention of Cruelty to Animals Act was enacted in 1960 to prevent the infliction of unnecessary pain or suffering on animals and to amend the laws relating to the prevention of cruelty to animals. After the enactment of this Act, the Animal Board of India was formed for the promotion of animal welfare.

E NVIRONMENTAL C LEARANCE Environmental Impact Assessment (EIA) is an important management tool for ensuring the optimal use of natural resources for sustainable development. Environmental Management or planning is the study of the unintended consequences of a project. Its purpose is to identify, examine, assess and evaluate the likely and probable impacts of a proposed project on the environment and, thereby, to work out remedial action plans to minimize adverse impact on the environment. The Ministry has issued the Environmental Impact Assessment Notification, 2006, which makes environmental clearance mandatory for the development activities listed in its schedule.

F OREST C LEARANCES The Forest (Conservation) Act, 1980 came into force with effect from October 25, Under the provisions of this Act, prior approval of the Central Government is essential for diversion of forest lands for the non-forestry purposes. In the national interest and in the interest of future generations, this Act, therefore, regulates the diversion of forest lands to non-forestry purposes. The basic objective of the Act is, to regulate the indiscriminate diversion of forest lands for non-forestry uses and to maintain a logical balance between the developmental needs of the country and the conservation of natural heritage

K YOTO P ROTOCOL – Q UALITY OF E NVIRONMENT The Seventh Conference of Parties (COP-7) to the UNFCCC decided that Parties participating in CDM should designate a National Authority for the CDM and as per the CDM project cycle, a project proposal should include written approval of voluntary participation from the Designated National Authority of each country and confirmation that the project activity assists the host country in achieving sustainable development. Accordingly the Central Government constituted the National Clean Development Mechanism (CDM) Authority for the purpose of protecting and improving the quality of environment in terms of the Kyoto Protocol;

CDM The National Clean Development Mechanism (CDM) Authority receives projects for evaluation and approval as per the guidelines and general criteria laid down in the relevant rules and modalities pertaining to CDM in addition to the guidelines issued by the Clean Development Mechanism Executive Board and Conference of Parties serving as Meeting of Parties to the United Nations Framework Convention on Climate Change

CDM The National Clean Development Mechanism (CDM) Authority has the powers: to invite officials and experts from Government, financial institutions, consultancy organizations, non-governmental organizations, civil society, legal profession, industry and commerce, as it may deem necessary for technical and professional inputs and may co-opt other members depending upon need. to interact with concerned authorities, institutions, individual stakeholders for matters relating to CDM. to take up any environmental issues pertaining to CDM or Sustainable Development projects as may be referred to it by the Central Government, and to recommend guidelines to the Central Government for consideration of projects and principles to be followed for according host country approval.