Environmental Law

At solicitor ex judis we have big chain of experts for environmental laws, which are as follows, but not limited to-;
  1. The Water (Prevention and Control of Pollution) Act, 1974
  1. The Water (Prevention and Control of Pollution) Rules, 1975 - Schedules
  1. Central Board for the Prevention and Control of Water Pollution(Procedure for Transaction of Business) Rules, 1975
  1. The Water (Prevention and Control Of Pollution) CESS Act, 1977
  1. The Water (Prevention and Control of Pollution) CESS Rules, 1978 and Annexures
  2. Central Water Laboratory
  1. The Water (Prevention and Control of Pollution) Cess (Amendment) Act, 2003
  1. The Air (Prevention and Control of Pollution) Act, 1981
  1. The Air (Prevention and Control of Pollution) Rules, 1982 and Schedules
  1. The Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983 and Form
  1. The Environment (Protection) Act, 1986
  1. The Environment (Protection) Rules, 1986 and Schedules
  1. Environment (Protection) Third Amendment Rules, 2002
  1. Rules for the Manufacture, Use, Import, Export and Storage of Hazardous Micro Organisms Genetically Engineered Organisms or Cells, 1989
  1. Hazardous Wastes (Management and Handling) Rules, 1989
  1. The Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989
  1. Manufacture, Storage and Import of Hazardous Chemical (Amendment) Rules, 2000 - Draft Notification
  1. Bio-Medical Waste (Management and Handling) Rules, 1998
  1. Hazardous wastes (Management and handling) amendment rules 2000
  1. Hazardous Wastes (Management and Handling) Amendment Rules, 2002
  1. S.O.979(E), [27/8/2003] - Amendments to S.O.763(E) dates 14/9/1999 Dumping and disposal of fly ash discharged from coal or lignite based thermal power plants on land
  1. Municipal Solid Wastes (Management & Handling) Rules, 2000
  1. Battery (Management and Handling) Rules, 2000.
  1. The Noise Pollution (Regulation and Control) Rules, 2000
  1. The Noise Pollution (Regualtion and Control) Rules, May 2002
  1. Re-cycled Plastics Manufacture and Usage Rules, 1999
  1. Re-cycled Plastics Manufacture and Usage Amendment Rules, 2002
  1. The Recycled Plastics Manufacture and Usage (Amendment) Rules, 2003 
  1. Ozone Depleting Substances (Regulation) Rules, 2000

SOME IMPORTANT NOTIFICATIONS

  • Delegation of Powers to the Central Pollution Control Board
  • Environmental Impact Assessment Notifications
  • Public Hearing Notifications
  • The Coastal Regulation Zone Notifications
  • Coastal Regulation Zone Notification dated May 21st 2002
  • Coastal Regulation Zone Notification (As Amended Upto 2001)
  • Aquaculture Authority - Notifications
  • Eco-Labelling Notifications
  • Notification Concerning Open Burning Oil
  • Notification Concerning Ban on Import of Hazardous Wastes
  • Constitution of Appellate Authorities
  • IV  LAWS RELATING TO FOREST AND WILD LIFE
  • The Indian Forest Act, 1927
  • The Forest(Conservation)Act,1980
  • The Forest(Conservation) Rules, 1981
  • Guidelines for diversion of forest lands
  • Forest (Conservation) Rules, 2003
  • The Wild Life(Protection) Act,1972 and Schedules
  • The Wild Life(Transactions and Taxidermy) Rules, 1973
  • The Wild Life (Stock Declaration) Central Rules, 1973
  • The Wild Life(Protection)Licensing(Additional Matters for Consideration) Rules, 1983
  • The Wild Life (Protection) Rules, 1995
  • The Wild Life (Specified Plants- Conditions for Possession by Licensee) Rules, 1995
  • RECOGNITION OF ZOO RULES 1992
  • The Circular Concerning Joint Forest Management
  • The Wild Life (Protection) Amendment Act, 2002

LIABILITY

  • The Public Liability Insurance Act,1991
  • The Public Liability Insurance Rules,1991
  • VI LAWS RELATING TO ENVIRONMENTAL TRIBUNALS
  • The National Environmental TribunalAct,1995
  • The National Environment Appellate Authority Act, 1997
  • VII       RELEVANT PROVISIONS OF OTHER ENVIRONMENT-RELATED LAWS
  • Provisions of Indian Penal Code
  • Provisions of Criminal Procedure Code
  • Provisions of Factories Act, 1948
  • VIII ANIMAL WELFARE
  • No.59 of 1960- The Prevention of Cruelty to Animal Act, 1960
  • IX Biodiversity
  • The Biological Diversity Act, 2002
  • Draft Biological Diversity Rules, 2003
  • IX Others
  • 2-T Oil (Regulation of Supply and Distribution) Order, 1998
  • The Environment (Protection) (Second Amendment Rules), 1999 - Emission Standards for New Generator Sets

HERE ARE THE BRIEF DESCRIPTIONS FOR SOME ENVIRONMENTAL TOPICS
The Indian Law
The Indian Legislature has enacted Air (Prevention and Control of Pollution) Act, 1981 for the prevention, control and abatement of air pollution. This enactment was on the basis of the decision taken at the UN Conference on the Human Environment held in Stockholm in June,1972. Government also enacted Air (Prevention and Control of Pollution) Rules, 1981 so as to implement the enactment. Several notifications were also issued for the controlling the air pollution.

Supreme Court of India (SC) had the occasion to consider the propriety of declaration of an area as Air Control Area in the absence of rules. Court has held that merely because the Rules are absent, the State would not be divested of its powers to notify in the Official Gazette any area declaring it to be air pollution control area.

NATIONAL GREEN TRIBUNAL
National Green Tribunal was established in India by the National Green Tribunal Act, 2010. This is an  Act to provide for the establishment of a National Green Tribunal (NGT) for the effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal right relating to environment and giving relief and compensation for damages to persons and property and for matters connected therewith or incidental thereto.  The environmental cases were dealt with by the State High Courts’ and Supreme Court of India. Now the special Tribunal is constituted for the said purpose. Supreme Court of India in one of the cases has observed the necessity to have Green Benches in all the High Courts. The intention is to have specialized Tribunals for dealing with environmental matters. The Tribunal shall consist of a Chairman and members, both judicial and experts.

Supreme Court of India has recently declared that all the matters instituted after the coming into force of this Tribunal {18th October, 2010} and which are covered under the provisions of this Act shall stands transferred to the Tribunal. Cases which are filed prior to the coming into force of the NGT , involving questions of environmental laws and/or relating to any of the seven statutes specified in the Act, should also be dealt with by the NGT.

ORIGNAL JURISDICTION
The NGT shall have jurisdiction over all civil cases where a substantial question relating to environment (including enforcement of any legal right relating to environment) and such questions arises out of the implementation following enactments:-
·         The Water (Prevention and Control of Pollution) Act, 1974;
·         The Water (Prevention and Control of Pollution) Cess Act, 1977;
·         The Forest (Conservation) Act, 1980;
·         The Air (Prevention and Control of Pollution) Act, 1981;
·         The Environment (Protection) Act, 1986;
·         The Public Liability Insurance Act, 1991;
·         The Biological Diversity Act, 2002.