Page 16 - Discussion Paper - Restructuring the Environmental Governance Architecture for India
P. 16
DISCUSSION PAPER
necessary legislative changes in a defined timeframe, for environmental clearance (EC) and recommend
with due regard to the Objectives and Principles of them for approval of MoEF &CC.
National Environment Policy, in particular, ensuring A State Environment Management Authority
the livelihood and well-being of the poor by ensuring (SEMA) should be created for each State (replacing
improved access to the necessary environmental the SEIAA), with 15 members (including five ex-
resources.” officio members to be nominated by the State
Government), and the remaining appointed by
The High Level Committee (HLC) Report MoEF&CC based on the recommendations of the
State Government (p. 53).
Keeping in view the above mentioned NEMA should have power to give directions to
pronouncements, the Ministry of Environment, SEMA, except in matters of project clearances;
Forest and Climate Change (MoEF&CC) constituted and State Government should have powers to give
a High Level Committee (HLC) under the directions to SEMA, except in matters of project
Chairmanship of Shri T S R Subramanian, former clearances. The Central Government should have
Cabinet Secretary, on August 29, 2014, to review powers to give directions to SEMA and NEMA in
the six major Acts that protect the country’s respect of project clearances.
environment and suggest appropriate amendments NEMA and SEMA may replace the CPCB and
to bring them in line with their objectives. These SPCB, respectively, and that NEMA should have
Acts are listed as follows: control and superintendence over SEMA (p.63).
(i) Environment (Protection) Act, 1986; The Report recommends that the Water Act and
(ii) Forest (Conservation) Act, 1980; the Air Act be subsumed in EP Act (p.82).
(iii) Wildlife (Protection) Act, 1972; The Model law in the Report suggests that
(iv) The Water (Prevention and Control of Pollution) NEMA should be a recommendatory body,
with MoEF&CC taking the final decision on
Act, 1974; environmental clearance (para 6.1). The decision
(v) The Air (Prevention and Control of Pollution) would be appealable to an Appellate Board
presided over by a retired High Court Judge.
Act, 1981; and Creation of a new “umbrella” law: The
(vi) Indian Forest Act, 1927 Environmental Laws (Management) Act (ELMA) to
give legal status to NEMA and SEMA. The Report
The Terms of Reference (ToR) of the High Level in para 8.3 states: “..Even if the law may incidentally
Committee were as follows: deal with “water”, in “pith and substance” the
(i) To assess the status of implementation of each subject matter of the new law is “environment” and
it comes in the residuary powers of the Centre. In
of the aforesaid Acts vis-à-vis the objectives; addition the subject of environment has been part
(ii) To examine and take into account various court of many decisions at international conferences and
conventions to which India was a party (Article 253)
orders and judicial pronouncements relating to hence power of the Parliament to enact the law is
these Acts; beyond reproach”.
(iii) To recommend specific amendments needed in The draft ELMA provides for levy of compensatory
each of these Acts so as to bring them in line with afforestation charges and to create a fund for the
current requirements to meet objectives; and purpose. The Draft also enables imposition of an
(iv) To draft proposed amendments in each of the environmental (“environmental reconstruction
aforesaid Acts to give effect to the proposed fund”) levy, also to be deposited in a fund.
recommendations The Report recommends creation of an All India
Service: Indian Environment Service, on the
While the recommendations of the Committee, pattern of the Indian Forest Service (p. 78).
which submitted its Report in November 2014,
covered a wide swathe as envisaged in the ToR,
the recommendations relating to “environmental
governance”, enumerated in brief, are as follows:
A National Environment Management Authority
(NEMA) should be created to process applications
16 OCTOBER 2017
necessary legislative changes in a defined timeframe, for environmental clearance (EC) and recommend
with due regard to the Objectives and Principles of them for approval of MoEF &CC.
National Environment Policy, in particular, ensuring A State Environment Management Authority
the livelihood and well-being of the poor by ensuring (SEMA) should be created for each State (replacing
improved access to the necessary environmental the SEIAA), with 15 members (including five ex-
resources.” officio members to be nominated by the State
Government), and the remaining appointed by
The High Level Committee (HLC) Report MoEF&CC based on the recommendations of the
State Government (p. 53).
Keeping in view the above mentioned NEMA should have power to give directions to
pronouncements, the Ministry of Environment, SEMA, except in matters of project clearances;
Forest and Climate Change (MoEF&CC) constituted and State Government should have powers to give
a High Level Committee (HLC) under the directions to SEMA, except in matters of project
Chairmanship of Shri T S R Subramanian, former clearances. The Central Government should have
Cabinet Secretary, on August 29, 2014, to review powers to give directions to SEMA and NEMA in
the six major Acts that protect the country’s respect of project clearances.
environment and suggest appropriate amendments NEMA and SEMA may replace the CPCB and
to bring them in line with their objectives. These SPCB, respectively, and that NEMA should have
Acts are listed as follows: control and superintendence over SEMA (p.63).
(i) Environment (Protection) Act, 1986; The Report recommends that the Water Act and
(ii) Forest (Conservation) Act, 1980; the Air Act be subsumed in EP Act (p.82).
(iii) Wildlife (Protection) Act, 1972; The Model law in the Report suggests that
(iv) The Water (Prevention and Control of Pollution) NEMA should be a recommendatory body,
with MoEF&CC taking the final decision on
Act, 1974; environmental clearance (para 6.1). The decision
(v) The Air (Prevention and Control of Pollution) would be appealable to an Appellate Board
presided over by a retired High Court Judge.
Act, 1981; and Creation of a new “umbrella” law: The
(vi) Indian Forest Act, 1927 Environmental Laws (Management) Act (ELMA) to
give legal status to NEMA and SEMA. The Report
The Terms of Reference (ToR) of the High Level in para 8.3 states: “..Even if the law may incidentally
Committee were as follows: deal with “water”, in “pith and substance” the
(i) To assess the status of implementation of each subject matter of the new law is “environment” and
it comes in the residuary powers of the Centre. In
of the aforesaid Acts vis-à-vis the objectives; addition the subject of environment has been part
(ii) To examine and take into account various court of many decisions at international conferences and
conventions to which India was a party (Article 253)
orders and judicial pronouncements relating to hence power of the Parliament to enact the law is
these Acts; beyond reproach”.
(iii) To recommend specific amendments needed in The draft ELMA provides for levy of compensatory
each of these Acts so as to bring them in line with afforestation charges and to create a fund for the
current requirements to meet objectives; and purpose. The Draft also enables imposition of an
(iv) To draft proposed amendments in each of the environmental (“environmental reconstruction
aforesaid Acts to give effect to the proposed fund”) levy, also to be deposited in a fund.
recommendations The Report recommends creation of an All India
Service: Indian Environment Service, on the
While the recommendations of the Committee, pattern of the Indian Forest Service (p. 78).
which submitted its Report in November 2014,
covered a wide swathe as envisaged in the ToR,
the recommendations relating to “environmental
governance”, enumerated in brief, are as follows:
A National Environment Management Authority
(NEMA) should be created to process applications
16 OCTOBER 2017
