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Summary UPSC Environmental laws last minute notes

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The note contains a list and specifications of all environmental laws in India, it can be used as a sole source for the UPSC GS environmental law section and need no other source to refer. This document consolidates all environmental laws at one place

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LAW Speci cations Others-Facts



Post 1972 Stockholm declaration Article 51A(g) of FD 42nd ammendment act- protection of wild animals and
Article 48A DPSP birds from state list to concurrent list
Dept of Envi. Stab 1980
MoEF in 1985
EPA 1986 etc




CPCB and SPCBs estb under this -CPCB: statutory body
The water (prevention and control of And powers to them as well Powers under W(p&c) act 1974, Air Act 1981, service to
pollution) act, 1974 - Prior consent from SPCBs is required for establishing MoEFCC under EPA,1986
any industry or local body discharging sewage or - prevent control abate water, air pollution
e uent - Oversees National Air monitoring programme(NAMP)
- Post consent on stab and install, consent to and Water Quality Monitoring(WQM)
operationalise as well



Water (Prevention and Control of - replaces imprisonment provisions in act with nes to The Water Cess Act 1977
decriminalise minor offences Levies and collects cess on water consumption by
Pollution) Amendment Bill, 2024 certain industrial activities, also water supplying
authorities
- GOI, in consultation with the CPCB, may exempt -to augment resources of CPCB and SPCBs
-70% rebate on cess if e uent treatment mechanism
certain industrial plants from obtaining such consent. put in place


- GOI may issue guidelines for granting, refusing, or
cancelling the con- sent of the SPCB.


- GOI will prescribe the nomination process and terms
of service for the SPCB
chairman.


- Powers to cpcb and SPCBs to p and c air pollution 1988 amendment
The Air P&C Act 1981 - consent from SPCBs by industries in designated air - empowered SPCB and CPCB to close a defaulting
poll control areas industrial plant
- SPCBs are required to prescribe emission standards - introduced a citizen suit provision into the Air Act (
for industry and automobiles after consulting allow individuals or NGOs to ap- proach the court to
the CPCB and noting the state’s ambient air quality address environmental wrongs, serving as a tool for
standards. environmental activism)


- by GOI under Article 253 of IC - 253: legislation for giving e ect to international
Environment protection Act 1986 - Umbrella legislation coordinating auth under water agreements
and air acts - No court to take cognisance of any o ence under the
- De nes envi, envi pollution and hazardous substance act unless central govt complaint or citizen suit(with
- Full power to central govt, for protection and improv 60day notice to centre)
of envy - No civil court jurisdiction over suits or direction by
- GOI makes rules through o cial Gazette noti cation govt under this act
under the act
- Any measure the centre deems necessary for envy
protection it can control and legislate on
- Protection of action taken in good faith

- carrying level of protection under 6 schedules in the - ve kinds of protected areas can be noti ed under
Wild life protection act 1972
act this
- Govt can declare any wild animal not from sch 1 and - WS: state or central govt by noti cation-govt decides
2 as vermin the right of Indiv over the land there
- Govt can modify schedule entries-add delete or - NP: S/C can bu notif. S cant alter bounderies of NP
transfer without National boards reccom-no human activities
- Sch 1 2 3 and 4 are prohibited for hunting except those allowed by CWLW
- Can be hunted with permisiion from CWLW of state- - Conservation Reserve: s can declare after
sch1 if threat to human life or disabled consultation with local communities, a govt owned
- 2, 3, 4 if threat to human life and property or diaabled areas esp near NP and WS as CR
- Or self defence - Community Reserve: s govt post consultation with
- Regulates trade and commerce in wildlife and locals declare private or communty land as CR
products - Tiger reserve: S govt can notify on recc of Tiger
- Authorities; state-CWLW, center-directors and Conse Auth.
assistant directors
- Penalties-imprisonment, ne etc

National Board for Wildlife
Bodies under WPA. 1972 - by WPA ammend 2002 (replaced IBWL)
- Members: PM-chair, M of MoEF-vice chair, 3 MPs(2LS,1RS), 5 NGO ppl, 10 eminent environmentalists, Chief of
Army sta
- Apex body for wildlife matters
- Adivises GoI and S Govts
- Status report every 2 years
- No boundry alteration of NP and WS withput its approval

State Board for Wildlife
- WPA 2002 (replaced wild life advisory board)
- CM + Minister of forest and wildlife + 3 MLA (if UT the 2MLA) + 3 NGO ppl + 10 specialist + Amred force
representatiove by GoI
- Advice, formulate policy, balance need of forest dwelling tribes etc

Central Zoo Authority (CZA)
- WPA 1972
- Envi minister + 10 members + member secretary
- Regulate sand recognises zoo in country
- -identi es species for captive breeding etc




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, National Tiger Conservation Authority (NTCA)
- WPA 1972, ammend 2006
- Tiger reserves notifed by state govt under its recco
- Minister of envi as chair + minister of state in MoEFCC as vice chair

Wild life Crime Bureau
- WPA 1972, ammend 2006
- New Delhi HQ
- Estab centralised wildlife crime data bank, collect intel on wildlife crime and alert state, advice
GoI etc

Ammendments to WPA - 1982: provision for capture and. WPA 2022:
- protection, conservation and management of
Transportation for scienti c wildlife
managemnet - De nes invasive alien species and empowers
- 2002 : national Board for wildlife CG to regulate or prohibit import trade
Criticism: possession etc of invasive species
- no rationale behind listing of species in
- 2006 : NTCA and WCCB - Increased non-prohibited activities in a
- 2013 : hunting rights of ST in sanctuary: grazing and movt(earlier this only)
schedules eg tiger, jackals and barn + hunting within permit conditions + land
owls have same degree of protection Andaman and Nicobar island rights + used of drinking and household water
- Confusion while allocating resources - 2022: e ect to CITES obligations, etc
- Listing of species without regard for rationalise schedules, strengthen - A person with a certi cate of ownership for a
captive animal or an animal article cannot sell
their ecological role- propagate invasive protection, bene t to local tribes or o er them for commercial purposes.
species eg Spotted deet in sch 1 etc (Captive elephant trasport allowed)
despite being invasive in Andaman - - Implementation of CITES in India: GoI to
Sch 1 : highest level of protection designate a Management Authority(MA) to
Islands - SCH 2: lower level of protection grand EXIM permits for specimen trade,
- Promotes elite conservationist view- - Sch 3: plant species protected scienti c auth for advice-identi cation mark
people should lear to coexist while - by MA can be used for specimen etc
Sch4: speciemen in Appendices - CWLW must act in accordance with sanctuary
disregarding plight of marginal
cultivators-human wildlife con ict
under CITES management plans by GoI(in special areas
plane after consulting Gram Sabha)
- Research permit process is lengthy and - Empowers GoI to notify CR
burdonsom - Surrender of captive animals to CWLW
- Protection of wild animals and birds is
under concurrent list, wpa 2022
increses powers of CG and decreased
states involvement

Wildlife protection licensing rules, - replace WPL rules 1983
- Guidlines for licenses in snake venom,
2024 capitive animals, trophy animals and stu ed
animals
- Prohibit license for Sch 1 only (earlier part 2 of
Sch 2 animals also)- exceptional license if
prior consult of GoI


Indian Forest Act 1927 - based on earlier acts like IFA 1878 - Reserve Forest: SG can designate any
- legal framework for the protection and
forst land or wasteland as RF and can
management of forests and duty leviable on
timber and other forest products. It provides seel its produce-before notifying a
for the procedure to be followed for declaring Forest settlemet o cer is appointed to
an area to be Reserve/Protected/Village settle claims of locals- all activities
Forest (Degree of protection: Reserved prohibited unless permited
forests > Protected for- ests > Village - Protected forest: demarcated or
forest)
- IFA 2017- ammended de nition of trees to undemarcated- by SG-all activities
remove Banboo word-bamboo outside forests permitted unless prohibited
can be felled and used - Village Forest: SG can grant
communities rights over govt land of RF

Forest Conservation Act 1980 - protect India’s forests and regulate 1992 ammendement:
forest resource extraction by indus- - allowing some non-forest activities in
tries and forest-dwelling communities. forests, without cutting trees or limited
- reserved forests, village forests, cut- ting with prior approval of the
protected forests and private forests. Central Government.
- restricts the states and other authorities - TN Godavarman Thirumulkpad vs the
from allowing dereservation (i.e., use of Union of India
forest land for non-forest purposes) SC-forests encompass not only areas
without permission from the central o cialy recorded as such in govt recors
government. but any ares resembling dictionary
- Aggrieved person appeal to NGT de nition of a forest.
- empowers the Central Government to - Under the Godavarman order, the states
make rules for carrying out the are supposed to identify and notify
provisions of this Act. forests. (Every state has not done it) The
Forest Advisory Committee (FAC) of
MoEF, (apex body that deliberates on
granting permission to fell forests), said,
“criteria nalised by a state need not be
subject to approval by MoEFCC”.




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