Page 26 - Discussion Paper - Restructuring the Environmental Governance Architecture for India
P. 26
DISCUSSION PAPER
Act. The concept of integrated appraisal by 2. Forest (Conservation) Act 1980
SEMA/NEMA will have to be built into all http://envfor.nic.in/legis/forest/forest2.html
individual Acts, namely, FC Act, Wild Life Act
Act, and EP Act. 3. Wild Life (Protection) Act 1972
• The powers in the nature of Sections 3(1) and http://envfor.nic.in/legis/wildlife/wildlife1.html
(2) of the current EP Act and in the various
Rules thereunder should vest primarily with 4. Water (Prevention and Control of Pollution) Act
SEMA, the State Government, and Central 1974
Government (on advice of NEMA) having
the power to issue directions. The concept http://www.moef.nic.in/legis/water/wat1.html
of “prior approval”, already available in the
Wildlife Act, may be incorporated into the 5. Air (Prevention and Control of Pollution) Act 1980
legislation to deal with issues of an exceptional http://www.envfor.nic.in/legis/air/air1.html
nature; or where potential impact is likely to
be widespread or replete with national or 6. Environment (Protection) Act 1986
transnational implications. http://envfor.nic.in/legis/env/env1.html
• SEMA would need to meet institutional
standards set by the Central Government 7. Environment (Protection) Rules 1986
in consultation with NEMA under the Act http://envfor.nic.in/legis/env/env4.html
and each of the specific Rules; if SEMA fails
to meet these standards at any time, the 8. Writ Petition (Civil) 202 of 1995 titled T.N.
Central Government should be empowered Godavarman Thirumulpad vs. Union Of India &
to entrust the powers under the section/Rules Ors, on 26 September, 2005
to NEMA till SEMA satisfies the requirements
of the standard. http://indiankanoon.org/doc/1026316/
• To ensure that the environmental governance
systems in the States can evolve to acceptable 9. Compensatory Afforestation Fund (CAF) Bill 2008
standards, an All India Service: Indian h t t p : / / w w w. p r s i n d i a . o r g / u p l o a d s / m e d i a /
Environment Service, should be created to
help internalize environmental concerns Compensatory%20Afforestation/1211455621_
in State and Central institutions who have The_Compensatory_Afforestation_Fund_
the potential to significantly impact the Bill__2008.pdf
environment or contribute to environment-
related policy making. This needs to be 10. Department related Parliamentary Standing
complemented by a strong government– Committee Report on the CAF Bill 2008
academia partnership to provide for adequate
multi-disciplinary expertise to enable science h t t p : / / w w w. p r s i n d i a . o r g / u p l o a d s / m e d i a /
and evidence-based decision-making. Compensatory%20Afforestation/
scr1226033277_The_Compensatory_
References Afforestation_Fund_Bill__2008.pdf
(last accessed August 28, 2017) 11. Compensatory Afforestation Fund (CAF) Bill 2015
1. National Environment Policy 2006, Ministry h t t p : / / w w w. p r s i n d i a . o r g / u p l o a d s / m e d i a /
of Environment and Forest, Government of Compensatory%20Afforestation/
India http://www.moef.gov.in/sites/default/files/ Compensatory%20afforestation%20fund%20
introduction-nep2006e.pdf bill,%202015.pdf
12. Lafarge Umiam Mining Pvt. Ltd. … Applicant in
T.N. Godavarman Thirumulpad Versus Union of
26 OCTOBER 2017
Act. The concept of integrated appraisal by 2. Forest (Conservation) Act 1980
SEMA/NEMA will have to be built into all http://envfor.nic.in/legis/forest/forest2.html
individual Acts, namely, FC Act, Wild Life Act
Act, and EP Act. 3. Wild Life (Protection) Act 1972
• The powers in the nature of Sections 3(1) and http://envfor.nic.in/legis/wildlife/wildlife1.html
(2) of the current EP Act and in the various
Rules thereunder should vest primarily with 4. Water (Prevention and Control of Pollution) Act
SEMA, the State Government, and Central 1974
Government (on advice of NEMA) having
the power to issue directions. The concept http://www.moef.nic.in/legis/water/wat1.html
of “prior approval”, already available in the
Wildlife Act, may be incorporated into the 5. Air (Prevention and Control of Pollution) Act 1980
legislation to deal with issues of an exceptional http://www.envfor.nic.in/legis/air/air1.html
nature; or where potential impact is likely to
be widespread or replete with national or 6. Environment (Protection) Act 1986
transnational implications. http://envfor.nic.in/legis/env/env1.html
• SEMA would need to meet institutional
standards set by the Central Government 7. Environment (Protection) Rules 1986
in consultation with NEMA under the Act http://envfor.nic.in/legis/env/env4.html
and each of the specific Rules; if SEMA fails
to meet these standards at any time, the 8. Writ Petition (Civil) 202 of 1995 titled T.N.
Central Government should be empowered Godavarman Thirumulpad vs. Union Of India &
to entrust the powers under the section/Rules Ors, on 26 September, 2005
to NEMA till SEMA satisfies the requirements
of the standard. http://indiankanoon.org/doc/1026316/
• To ensure that the environmental governance
systems in the States can evolve to acceptable 9. Compensatory Afforestation Fund (CAF) Bill 2008
standards, an All India Service: Indian h t t p : / / w w w. p r s i n d i a . o r g / u p l o a d s / m e d i a /
Environment Service, should be created to
help internalize environmental concerns Compensatory%20Afforestation/1211455621_
in State and Central institutions who have The_Compensatory_Afforestation_Fund_
the potential to significantly impact the Bill__2008.pdf
environment or contribute to environment-
related policy making. This needs to be 10. Department related Parliamentary Standing
complemented by a strong government– Committee Report on the CAF Bill 2008
academia partnership to provide for adequate
multi-disciplinary expertise to enable science h t t p : / / w w w. p r s i n d i a . o r g / u p l o a d s / m e d i a /
and evidence-based decision-making. Compensatory%20Afforestation/
scr1226033277_The_Compensatory_
References Afforestation_Fund_Bill__2008.pdf
(last accessed August 28, 2017) 11. Compensatory Afforestation Fund (CAF) Bill 2015
1. National Environment Policy 2006, Ministry h t t p : / / w w w. p r s i n d i a . o r g / u p l o a d s / m e d i a /
of Environment and Forest, Government of Compensatory%20Afforestation/
India http://www.moef.gov.in/sites/default/files/ Compensatory%20afforestation%20fund%20
introduction-nep2006e.pdf bill,%202015.pdf
12. Lafarge Umiam Mining Pvt. Ltd. … Applicant in
T.N. Godavarman Thirumulpad Versus Union of
26 OCTOBER 2017
