ENVIRONMENTAL MANAGEMENT

ASSIGNMENT NO 1

Submitted By

SHWETA BHAVE
9109
DIVISION A

Submitted To
Sushma mam

Salient Features of environmental protection act :-

Salient Features of Environment (Protection) Act 1986-- In brief, the following
are the special features of the Environment (Protection) Act, 1986:-
1. Object of the Act-- Environment has been defined as the aggregate of all
external conditions and influences effecting the life and development of an
organism. Development without regard to the ecological equilibrium has led to an
environmental crisis in the recent past.
In fact, there is growing evidence of man made harm in many regions of the earth,
dangerous levels of pollution in air, water, earth and living beings, thereon, major
and undesirable disturbances to the ecological balance of the biosphere, destruction
and depletion of irreplaceable resources and gross deficiencies harmful to the
physical, mental and social wealth of man in the man made environment. Thus,the
protection and improvement of human environment is a major issue which effects
the well beings of the people and economic development throughout the world. It
is, therefore, the urgent desire of the people of the whole world and the duty of the
all Governments and the all peoples to protect environment. That is why the
Articles 48A and 51A of the Constitution of India have cast a solemn duty not only
on the State but also on the citizens towards the protection of the environment and
conservation of the forests and the wild life.

Recent Legislation in India- The Water (Prevention and COntrol of Pollution)

Act was passed in 1974. It aimed at maintianing the purity of water by preventing
water pollution and provided for establishment of the Pollution Control Boards at
the State Level. Similarly, the Air (prevention and Control of Pollution) Act was
passedin 1981 to COntrol Air Pollution.
Objects and Reasons- The act was passed for the following objects and reasons
i.e. for the protection, regulation of discharge of environmental pollutants and
handling of hazardous substances, speedy response in the event of accidents
threatening environment and deterrent punishment to those who endanger human
environment , safety and health.
2. Short, Title , Extent and COmmencement- Acc to Section 1 of the
Enviroment (Protection) Act, 186-
i) This act may be called the Environment (Protection) Act, 1986.
ii) It extends to the whole of India.
iii) It shall come into force on such date as the Central Government may, by
notification in the offical gazette, appoint and different dates may be appointed for
different provisions of the Act and for different areas.
Thus, it is clear from the perusal of S. 1 of this Act that the Environment Act, 1986
applies to the whole of India equally.
The Act come into force in India on 19 November 1986 by a notification published
in the official gazette vide notification No. G.S.R 1198 (E) dated 12.11.1986. it is
to be noted that this act is a special law and has priority over the other general laws
like Water, Air, Air Act etc.
3. Definitions of Various Terms used in the Act- Acc to Section 2 in this act,
unles the context otherwise requires;-
i) Environment- 'Environment' includes water , air and land and the
interrelationship which exsits among and between water, air and land and human
beings , other living creatures, plants, micro-organism and property;
ii) Environmental Pollutant- 'Environmental pollutant' means any solid, liquid, or
gaseous substance present in such concentration as may be, or tend to be, injurious
to environment.;
iii) Environmental pollution- 'Environmnetal pollution' means the presence inthe
environment of any environmental pollutant;
iv) Handling-"Handling' in relation to any substance, means the manufacture,
processing, treatment, package, storage, transportation, use, collection, destruction,
conversion, offering for sale, transfer or the like of such substance;
v) Hazardous Substance- means any substance or preparation which by reaosn of
its chemical or physico- chemical properties or handling, is liable to cause harm to
human beings, other living creatures plans, micro-organisms property or the
environment;
vi) Occupier- in relation to any factory or premises, means a person who has
control over the affiars of the factory or the premises and includes, in relation to
any substance , the person in possession of the substance;
vi) Prescribed- means prescribed by rules made under this Act.
4. Subject matter of the Act- this is to protect and improve human environmental
quality.
5. General and Particular Powers of Central Government- This act was
conferred on Central Govt. vide general and special powers for the purpose of its
successful enforcement and to achieve the desired objections.
6. Duties and Liabilites of the persons carrying on Industries, Operation and
Handling Hazardous Substances etc.
7. Provisions relating to penalties
8. Every person has a locus standi- One of the most striking features of this act is
that it provides a locus standi to every person. Now even a citizen has the right to
approch a court provided he has given notice of not less than 60 days of the alleged
offence and his intention to make a complaint to the Central Govt or the competent
authority.

Write a short note on

1. Bhopal Gas tragedy

The Bhopal disaster was the world's worst industrial catastrophe. It occurred on the
night of December 2–3, 1984 at the Union Carbide India
Limited (UCIL) pesticide plant in Bhopal, Madhya Pradesh, India. A leak
of methyl isocyanate gas and other chemicals from the plant resulted in the
exposure of hundreds of thousands of people. Estimates vary on the death toll. The
official immediate death toll was 2,259 and the government of Madhya Pradesh
has confirmed a total of 3,787 deaths related to the gas release. Other government
agencies estimate 15,000 deaths. Others estimate that 3,000 died within weeks and
that another 8,000 have since died from gas-related diseases. A government
affidavit in 2006 stated the leak caused 558,125 injuries including 38,478
temporary partial and approximately 3,900 severely and permanently disabling
injuries.
UCIL was the Indian subsidiary of Union Carbide Corporation (UCC). Indian
Government controlled banks and the Indian public held 49.1 percent ownership
share. In 1994, the Supreme Court of India allowed UCC to sell its 50.9 percent
share. The Bhopal plant was sold to McLeod Russel (India) Ltd. UCC was
purchased by Dow Chemical Company in 2001.
Civil and criminal cases are pending in the United States District Court, Manhattan
and the District Court of Bhopal, India, involving UCC, UCIL employees,
and Warren Anderson, UCC CEO at the time of the disaster. In June 2010, seven
ex-employees, including the former UCIL chairman, were convicted in Bhopal of
causing death by negligence and sentenced to two years imprisonment and a fine of
about $2,000 each, the maximum punishment allowed by law. An eighth former
employee was also convicted but died before judgment was passed.
On 28th Feb 2011 the Supreme Court of India issued notice to the Union Carbide
Corporation, Dow Chemicals and others on the Centre’s extra-ordinary petition
seeking an additional compensation of Rs7,844 crore for the victims of 1984
Bhopal gas tragedy. Through its curative petition, the Central Government has
requested Supreme Court to take a re-look at the entire evidence and enhance the
compensation amount. The bench also decided to hear CBI's curative petition
asking the court to restore the stringent charges of culpable homicide not
amounting to murder against the accused in the criminal case.

2. Kyoto protocol
The Kyoto Protocol is an international agreement between countries, worldwide, to
limit emissions of greenhouse gases. Greenhouse gases are a major cause of global
warming.

And global warming affects everything. Colder climates in some parts. Hotter,
drier climates in others. Rising sea levels, water shortages, loss of bio diversity,
and so on. The Kyoto Protocol is an effort to curb these, and other, effects.

Of course I cannot tell you more than this in a Kyoto Protocol Summary only.

Following are greenhouse gases does the Kyoto Prootcol aim to limit

 Carbon dioxide (CO2)

 Methane (CH4)
 Hydrofluorocarbons (HFCs)
 Perfluorocarbons (PFCs, and
 Sulphur hexafluoride (SF6)

At 18th April, 2006, 168 countries have signed the Kyoto Treaty At 3rd December,
2007, 175 countries have signed the Kyoto Treaty.

The Kyoto Protocol was first open for signature to countries willing to participate,
on 11th December, 1997, in Kyoto, Japan.

Of course negotiations began long before that date but this is all that needs to be
said in the Kyoto Protocol Summary I think.

It came into force on 16th February, 2005.

the Kyoto Protocol knows three categories.

 Annex I countries – industrialised countries

 Annex II countries – developed countries
 Developing countries

The Kyoto Protocol requires 55 industrialised countries to reduce their greenhouse

gas emissions to target levels 5.2% below that of 1990. If unable to, they must buy
emission credits from countries that are under these levels.

Further, it provides that developed countries pay for costs of developing countries.
Developing countries have no requirements under the Protocol. They may sell
emission credits and receive funds and technology from Annex II countries for
climate-related studies and projects. Many Annex I and Annex II countries overlap.

Some targets for some countries are higher than for others, depending on their
emission status. For instance, the emission cut target for the European Union is set
at 8% and 7% for the USA. Australia and Iceland are permitted to increase their
emission by respectively 8% and 10%. Russia has a 0% target, due to its declined
industrial output since the collapse of the USSR.

Notable exceptions remains the USA as a major emitter of greenhouse gases.

Australia signed the Treaty on the 3rd December 2007, hours after the swearing in
of the new Rudd Labor government, as its first governing act.

Not having the USA ratify the Kyoto Protocol is a big problem as the USA also
roughly contributes a quarter of the world’s greenhouse gases.

A number of countries have not so far met the Kyoto Protocol emission targets.

Even if it did, current projections call for the need of much bigger cuts in
emissions than the Kyoto Protocol requires.

The United Nations now predict a rise of 10% in greenhouse emissions since 1990.

The Kyoto Protocol is a unique international initiative that recognises the dire
environmental straits that we are in. Its processes seem painfully slow and its
results small against daily reports of serious global warming effects.

However its symbolic value may be its greatest asset. Any effort is better than none
and if governments are slow, people everywhere are doing what they can do.
Recycling, green power, wearing a jumper rather than turning up the heater, and so
on. Some local governments are not waiting for their national governments to
come to the party and introduce their own individual carbon trading schemes or
offer incentives for solar heating.

no amount of recycling, or technological wizardry alone can deliver a sustainable

world. Getting on with each other can. Living well within the inevitable limits,
dependency and fragility that are part of life, is a sustainable life.