Law for Environmental Protection

RTI, MUMBAI / DAY 1 / Slide 1.4.1

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


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



• 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”



• 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



• 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



• 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



• 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



– 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



• 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



• Under this provisions, parliament enacted many laws for protection of Environment, prevention of pollution

• International law, unless otherwise contrary can be construed as binding.


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



• 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



• 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.



• 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



• 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



• 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



– To inspect sewerage or trade effluents– To lay down standards of sewerage/trade

effluents etc.



• 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



• To establish laboratories

• To Co-ordinate with CPCB


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


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


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


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


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


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


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


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


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


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.


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.



• 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



• 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.



• 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



• 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



• 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



• 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



• 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



• 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



• 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



• 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



– 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.



• 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 Ministry’s 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



• 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.



• 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



• 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.



• 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



• 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.



• 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.



• 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



– 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.



• 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



• 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



• 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.

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Law for Environmental Protection

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