EVS Module 6 Notes
EVS Module 6 Notes
EVS Module 6 Notes
Environmental Laws
Environmental law is a collective term describes the network of agreements, rules, acts,
regulations and common laws addressing the effects of human activity on the natural
environment.
Environmental impact assessment (EA) is the term used for the assessment of the
environmental consequences (positive or negative) of a plan, policy, program or project prior
to the decision to move forward with proposed action.
This Act provides for the prevention, control and reduction of air pollution
Both central and state pollution boards have been established for the prevention and control of
an air pollution
The Wildlife Act of 1972 as amended in 1982, 1986, 1991 and 1993 has 7 chapters, 66 sections
and 6 schedules
CHAPTER - I [PRELIMINARY SECTIONS]:
1. Short title, extent and commencement.
2. Definitions.
CHAPTER - II [AUTHORITIES TO BE APPOINTED OR CONSTITUTES UNDER THE
ACT]:
3. Appointment of Director and other officers.
4. Appointment of Life Warden and other officers.
5. Power to delegate. 5A. Constitution of the National Board for Wild
Life. 5B. Standing Committee of the National Board.
5C. Functions of the National Board.
6. Constitution of State Board for Wild Life.
7. Procedure to be followed by the Board.
8. Duties of State Board for Wild Life.
CHAPTER - III [HUNTING OF WILD ANIMALS]:
Prohibition of hunting.
Hunting of wild animals to be permitted in certain cases,
Grant of permit for special purposes.
CHAPTER IIIA PROTECTION OF SPECIFIED PLANTS:
Prohibition of picking, uprooting, etc. of specified plant.
Grants of permit for special purposes.
Cultivation of specified plants without licence prohibited.
Dealing in specified plants without licence prohibited.
CHAPTER IV PROTECTED AREAS Sanctuaries, Declaration of sanctuary, Protection to
sanctuaries.
Prohibition of entry into sanctuary with weapon, Ban on use of injurious substances.
National Parks: Declaration of National Parks.
Power of Central Government to declare areas as sanctuaries or National Parks.
CHAPTER IV – A: CENTRAL ZOO AUTHORITY AND RECOGNITION OF ZOOS
SECTIONS:
Constitution of Central Zoo Authority, Term of office and conditions of service of
Chairperson and members, etc. Functions of the Authority, Procedure to be regulated by
the Authority. Grants and loans to Authority and Constitution of Fund.
CHAPTER IV – B: NATIONAL TIGER CONSERVATION AUTHORITY:
Definitions, Constitution of National Tiger Conservation Authority, Term of office and
conditions of
service of members, Officers and employees of Tiger Conservation Authority, Powers and
functions of Tiger Conservation Authority, Procedure to be regulated by Tiger Conservation
Authority. Grants and loans to Tiger Conservation Authority and Constitution of Fund.
CHAPTER IV – C: TIGER AND OTHER ENDANGERED SPECIES CRIME CONTROL
BUREAU: Constitution of Tiger and other Endangered Species Crime Control Bureau.
Powers and functions of the Wildlife Crime Control Bureau.
CHAPTER – V: TRADE OR COMMERCE IN WILD ANIMALS, ANIMAL ARTICLES
AND
TROPHIES:
Declarations, Immunity in certain cases, Inquiry and preparation of inventories.
Certificate of ownership.
Regulation of transfer of animal, etc.
Dealings in trophy and animal articles without licence prohibited.
CHAPTER V-A: PROHIBITION OF TRADE OR COMMERCE IN TROPHIES, ANIMAL
ARTICLES, ETC., DERIVED FROM CERTAIN ANIMALS:
Definitions, Prohibition of dealings in trophies, animal articles, etc., derived from scheduled
animals.
CHAPTER – VI: PREVENTION AND DETECTION OF OFFENCES:
Power of entry, search, arrest and detention.
Penalties, Certain conditions to apply while granting bail, Attempts and abetment.
Punishment for wrongful seizure.
CHAPTER VII MISCELLANEOUS:
Officers to be public servants, Protection of action taken in good faith.
Reward to persons.
Reward by State Government.
• "trophy" means the whole or any part of any captive or wild animal (other than
vermin) which has been kept or preserved by any means, whether artificial or natural.
This includes:
➢ Rugs, skins, and specimens of such animals mounted in whole or in part
through a process of taxidermy
➢ Antler, horn, rhinoceros’ horn, feather, nail, tooth, musk, eggs, and nests.
➢ "Uncured trophy" means the whole or any part of any captive animal (other than
vermin) which has not undergone a process of taxidermy. This includes a freshly
killed wild animal, ambergris, musk and other animal products.
➢ "Vermin" means any wild animal specified in Schedule V.
➢ "Wildlife" includes any animal, bees, butterflies, crustacean, fish and moths; and
aquatic or land vegetation which forms part of any habitat
INTERNATIONAL AGREEMENTS:
MONTREAL PROTOCOL:
The Montreal Protocol, finalized in 1987, is a global agreement to protect the stratospheric
ozone layer by phasing out the production and consumption of ozone-depleting substances
(ODS).
The Montreal Protocol on Substances that Deplete the Ozone Layer (The Montreal
Protocol) is an international agreement made in 1987. It was designed to stop the production
and import of ozone depleting substances and reduce their concentration in the atmosphere to
help protect the earth's ozone layer.
Parties: As of 23 June 2015, all countries in the United Nations, the Cook Islands, Holy See,
Niue as well as the European Union have ratified the original Montreal Protocol (see external
link below), with South Sudan being the last country to ratify the agreement, bringing the total
to 197.The Montreal Protocol falls under the Vienna Convention for the Protection of the
Ozone Layer (the Vienna Convention). The Vienna Convention was adopted in 1985 following
international discussion of scientific discoveries in the 1970s and 1980s highlighting the
adverse effect of human activity on ozone levels in the stratosphere and the discovery of the
‘ozone hole’.
Its objectives are
➢ To promote cooperation on the adverse effects of human activities on the ozone layer.
➢ 16 September is International Day for the Preservation of the Ozone Layer. It
celebrates the anniversary of the day the Montreal Protocol came into effect.
➢ The Montreal Protocol is widely considered as the most successful environment
protection agreement. It sets out a mandatory timetable for the phase out of ozone
depleting substances.
➢ This timetable has been reviewed regularly, with phase out dates accelerated in
accordance with scientific understanding and technological advances.
The Montreal Protocol sets binding progressive phase out obligations for developed and
developing countries for all the major ozone depleting substances, including
chlorofluorocarbons (CFCs), halons and less damaging transitional chemicals such as
hydrochlorofluorocarbons (HCFCs). The
Montreal Protocol targets 96 ozone depleting chemicals in thousands of applications across
more than 240 industrial sectors. In 2016 the Montreal Protocol also became responsible for
setting binding progressive phase down obligations for the 18 main hydrofluorocarbons
(HFCs).The Montreal Protocol has been further strengthened through six Amendments, which
have brought forward phase out schedules and added new substances to the list of substances
controlled under the Montreal Protocol.
KYOTO PROTOCOL:
The Kyoto Protocol is an international agreement that aimed to manage and reduce carbon
dioxide emissions and greenhouse gases. The Protocol was adopted at a conference in Kyoto,
Japan, in 1997 and became international law on February 16, 2005.The Kyoto Protocol
operationalizes the United Nations Framework Convention on Climate Change by committing
industrialized countries and economies in transition to limit and reduce greenhouse gases
(GHG) emissions in accordance with agreed individual targets.It was adopted in Kyoto, Japan,
on December 11, 1997, and entered into force on February 16, 2005. The detailed rules for the
implementation of the Protocol were adopted at COP 7 in Marrakesh, Morocco, in 2001, and
are referred to as the “Marrakesh Accords.” Its first commitment period started in 2008 and
ended in 2012. Specifically, under the Protocol and during the first commitment period, the
industrialized countries had committed to reduce, during the period 2008–12, the emissions of
six gases responsible for global warming, namely carbon dioxide, methane, nitrous oxide,
hydrofluorocarbons, perfluorocarbons, and hexafluoride sulfur, at least by 5% compared to
1990 levels. In this context, EU member states pledged to reduce their emissions by 8% during
this period.
In Doha, Qatar, on December 8, 2012, the Kyoto Protocol was amended in order to
include13:
• New commitments of its Parties for the period 2013–20;
• A revised list of GHGs to be reported in the second commitment period; and
• Amendments to several articles of the Kyoto Protocol that required to be updated for
the second commitment period.
• During the second commitment period, Parties committed to reduce the GHG emissions
by at least 18% below 1990 levels in the 8-year period from 2013 to 2020; however,
the composition of Parties in the second commitment period is different from the first.
The Protocol offers three market-based mechanisms to its Parties to achieve their targets.
Specifically, the Kyoto mechanisms are 13:
•International Emissions Trading. Emissions trading, as set out in Article 17 of the
Kyoto Protocol, allows countries that have emission units to spare—emissions
permitted them but not “used”—to sell this excess capacity to countries that are over
their targets. Thus, a new commodity was created in the form of emission reductions
or removals. Since carbon dioxide is the principal GHG, people speak simply of
trading in carbon. Carbon is now tracked and traded like any other commodity. This is
known as the “carbon market”.
Conservation of natural resources
Solid waste is the unwanted or useless solid materials generated from combined
residential,
industrial and commercial activities in a given area. It may be categorised according
to its origin (domestic, industrial, commercial, construction or institutional);
according to its contents (organic material, glass, metal, plastic paper etc); or
according to hazard potential (toxic, non-toxin, flammable, radioactive, infectious
etc). Management of solid waste reduces or eliminates adverse impacts on the
environment and human health and supports economic development and improved
quality of life. A number of processes are involved in effectively managing waste for
a municipality. These include monitoring, collection, transport, processing, recycling
and disposal.
Reduce, Reuse, Recycle
Methods of waste reduction, waste reuse and recycling are the preferred options when
managing waste.
There are many environmental benefits that can be derived from the use of these
methods.
They reduce or prevent green house gas emissions, reduce the release of pollutants,
conserve
resources, save energy and reduce the demand for waste treatment technology and
landfill space. Therefore, it is advisable that these methods be adopted and
incorporated as part of the waste management plan.
A tribe is a group of people who live and work together in a shared geographical area.
A tribe has a common culture, dialect and religion. The tribe is usually headed by a
chief. A tribal society is a group of tribes organized around kinships. Tribes represent a
part in social evolution between bands and nations. As the tribal people had no legal
rights over their land, it became easier for non-tribal people to acquire their land. These
people live under the continuous threat of being ousted from their homes. They do not
have any legal right and the only legal protection they have is the due process of law.
“Community forest resource” means customary common forest land within the
traditional or customary boundaries of the village or seasonal use of landscape in the
case of pastoral communities, including reserved forests, protected forests and protected
areas such as Sanctuaries and National Parks to which the community had traditional
access”.
“Critical wildlife habitat” means such areas of National Parks and Sanctuaries where
it has been specifically and clearly established, case by case, on the basis of scientific
and objective criteria, that such areas are required to be kept as inviolate for the
purposes of wildlife conservation as may be determined and notified by the Central
Government in the Ministry of Environment and Forests after open process of
consultation by an Expert Committee.
“Forest land” means land of any description falling within any forest area and includes
unclassified forests, under marketed forests, existing or deemed forests, protected
forests, reserved forests, Sanctuaries and National Parks.
“Minor forest produce” includes all non-timber forest produce of plant origin
including bamboo, brushwood, stumps, cane, tussar, cocoons, honey, wax, lac, tendu
or kendu leaves, medicinal plants and herbs, roots, tubers and the like;
1. Right to hold and live in the forest land under the individual or common
occupation for habitation or for self-cultivation for livelihood by a member or
members of a forest dwelling Scheduled Tribe or other traditional forest dwellers.
2. Community rights such as nistar, by whatever name called, including those used in
erstwhile Princely states, Zamindari or such intermediary regimes.
3. The right of ownership, access to collect, use, and dispose of minor forest produce (
includes all non-timber forest produce of plant origin) which has been traditionally
collected within or outside village boundaries.
4. Other community rights of uses of entitlements such as fish and other products of
water bodies, grazing (both settled or transhumant) and traditional seasonal resource
access of nomadic or pastoralist communities.
5. Rights including community tenures of habitat and habitation for primitive tribal
groups and pre-agriculture communities.
6. Rights in or over disputed lands under any nomenclature in any State where claims
are disputed.
7. Rights for conversion of Pattas or leases or grants issued by any local council or
any State Govt. on forest lands to titles.
8. Rights of settlement and conversion of all forest villages, old habitation, un surveyed
villages and other villages in forest, whether recorded, notified or not into revenue
villages.
9. Right to protect, regenerate or conserve or manage any community forest resource
which they have been traditionally protecting and conserving for sustainable use.
10. Rights which are recognised under any State law or laws of any Autonomous Dist.
Council or Autonomous Regional Council or which are accepted as rights of tribals
under any traditional or customary law of the concerned tribes of any State;
11. Right of access to biodiversity and community right to intellectual property and
traditional knowledge related to biodiversity and cultural diversity
12. Any other traditional right customarily enjoyed by the forest dwelling Scheduled
Tribes or other traditional forest dwellers, as the case may be, which are not mentioned
in clauses1 to 13, but excluding the traditional right of hunting or trapping extracting a
part of the body of any species of wild animal.