Law relating to environment protection
How the general environment laws fit together
Scope: The group of general environment laws: the Environment (Protection) Act, 1986, the Biological Diversity Act, 2002 and the hazardous waste rules. Each has its own note.
In one minute
The Water Act and the Air Act each deal with one medium. Three more laws deal with the environment in general: the Environment (Protection) Act, 1986, the Biological Diversity Act, 2002 and the hazardous waste rules made under the 1986 Act.
This note shows how they fit together and which one answers which problem.
Exam focus
- Frequency: Rarely asked
- Usually asked as: Long answer (10 to 15 marks)
Legal provision
- Environment (Protection) Act, 1986: sections 3 (measures), 5 (directions), 6 (rules), 7 and 8 (standards and hazardous substances).
- Biological Diversity Act, 2002: section 3 (approval of the National Biodiversity Authority) and section 7 (prior intimation to the State Biodiversity Board), 6 (intellectual property rights), 21 (benefit sharing).
- Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016: made under sections 6, 8 and 25 of the 1986 Act.
Meaning and definition
The "law relating to environment protection" here means the laws that cover the environment as a whole, not one medium. The 1986 Act is the base law. The 2002 Act deals with biological resources. The 2016 Rules deal with waste. The Rules come from the 1986 Act.
- General environment laws
- Environment (Protection) Act, 1986General powers, rules and directions.
- Biological Diversity Act, 2002Access to biological resources and benefit sharing.
- Hazardous waste rules, 2016Authorisation, manifest and import control.
Detailed explanation
How they work together
The 1986 Act gives the Central Government its general power in section 3. Rules under it fill in the detail, such as the hazardous waste rules. Section 5 of the 1986 Act gives the Central Government a general direction power over any person, including action on a risk before any discharge. The Water Act and the Air Act give the Boards similar powers for water and air, including sections 33 and 33A of the Water Act.
The 2002 Act has a distinct purpose. It controls who may take biological resources and requires benefits to be shared. The National Green Tribunal hears disputes under the 1986 Act and the 2002 Act, which are Schedule I Acts. The Rules are made under the 1986 Act.
Example. A unit stores a toxic chemical badly and the risk of a leak is clear. The Central Government acts under section 5 of the 1986 Act. The same unit's used oil falls under the hazardous waste rules, which need authorisation and a manifest.
Don't confuse: which law answers which problem
| Problem | Law | Why |
|---|---|---|
| A hazard that needs quick closure or a rule | Environment (Protection) Act, 1986 | Sections 3 and 5 |
| A foreign firm wants an Indian plant for research | Biological Diversity Act, 2002 | Section 3 and benefit sharing |
| A unit generates used oil | Hazardous waste rules, 2016 | Authorisation and manifest |
Inside the concept. A pesticide unit handles a hazardous substance without safeguards. The 1986 Act applies.
Just outside it. A mill pours effluent into a river without consent. The Water Act applies first.
Leading case laws
The cases for each law are in its own note. The Environment (Protection) Act cases include Vellore and Bichhri, and the hazardous waste rules and the 2002 Act have no case page of their own.
How to write this answer in the exam
5-mark answer
- Name the three laws.
- One line on what each does.
- How the Rules come from the 1986 Act.
10-mark answer
- Why general laws were needed beside the Water and Air Acts.
- The 1986 Act in brief.
- The 2002 Act in brief.
- The hazardous waste rules in brief.
- The comparison table.
Key points to remember
- The 1986 Act is the base law for general environment protection.
- The hazardous waste rules are made under it.
- The 2002 Act deals with biological resources and benefit sharing.
- The Water and Air Acts deal with one medium each.
Quick self-test
1. Which Act are the 2016 hazardous waste rules made under?
The Environment (Protection) Act, 1986.
2. Which Act requires benefit sharing?
The Biological Diversity Act, 2002.
3. Which section lets the Central Government give directions?
Section 5 of the 1986 Act.