Environmental Law

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Contents

Fundamental aspects of Environment Law

  • Meaning and definition of Environment and Pollution
  • Kinds of pollution
  • Sources and consequences of pollution
  • Significance of Environmental Law
  • International Environmental Law
    • Development of International Environmental Law
    • Source and General principals of International Environmental Law
    • General rights and obligations of states
    • Common issues of compliance and implementation
    • Choice of instruments, permits and regulation
    • General Issues of the international law related to environmental protection
    • Particular issues like atmospheric pollution and climate change
    • The law of the sea and protection of the marine environment
    • Protection of species and biological diversity including marine living resources
    • International trade and environmental protection
    • Rights and obligations of states
    • Role of non-state actors, industry groups, the scientific community
    • Emerging legal doctrines of public international law
    • The role of international organizations, multi-lateral and regional institutions
    • Liability for environmental damage
    • Other emerging issues
  • Ancient Indian Philosophy relating to environment protection
  • Non-Governmental Organizations and their pressure groups play an important role in terms of suggesting and pressurizing Governments to make newer policies or replace old policies. They are also active in bringing judicial remedies by way of filing Writs and Public Interest Litigation cases.
  • June 5 is observed as the World Environment Day

Territory law

  • Constitution provisions concerning environment Articles 14,15,(2) (b) 19 (e),21,31,32,38,39,42,47, 48-A,49,51,51-A: Constitutional provisions about states powers concerning acquisition, regulation and distribution of natural resources (water, forests, mines, oil) with special emphasis on Arts 14, 15, 19, 31A, 31B, 31C, 39 (b) & (c): Union lists ( Entries 6,52,56,57) State list (Entries 17,18,21,23) Concurrent List (Entries17,17-I,17B,18,20) of Ninth Schedule and land reforms abolition of intermediaries and land ceiling.

Primary Protective Laws

  • Water (Prevention and Control of Pollution) Act, 1974
  • Air Act, 1981
  • Environment (Protection) Act, 1972
  • Forest Act, 1927
  • Forest Conservation Act, 1980
  • Biodiversity Act, 2002
  • NET, 1995
  • NEAA, 1997
  • Schedule Tribe (Forest Rights) Act, Act
  • Secondary Laws noise pollution regulations: Environment Impact Assessment (EIA), rules relating to waste management (Solid wastes, hazardous wastes, bio-medical wastes, CRZ Notification).

Australian Environment Law

  • Antarctic Marine Living Resources Conservation Act, 1981
  • Antarctic Treaty Act, 1960
  • Antarctic Treaty (Environment Protection) Act, 1980
  • Australian Antarctic Territory Acceptance Act, 1933
  • Australian Antarctic Territory Act, 1954
  • Aboriginal and Torres Strait Islander Heritage Protection Act, 1984
  • Australian Heritage Council Act, 2003
  • Captains Flat (Abatement of Pollution) Agreement Act, 1975
  • Chowilla Reservoir Agreement Act, 1963
  • Dartmouth Reservoir Agreement Act, 1970
  • Environment Protection (Alligator Rivers Region) Act, 1978
  • Environment Protection and Biodiversity Conservation Act, 1999
  • Environment Protection (Sea Dumping) Act, 1981
  • Fuel Quality Standards Act, 2000
  • Great Barrier Reef Marine Park Act, 1975
  • Great Barrier Reef Marine Park (Environmental Management Charge-Excise) Act, 1993
  • Great Barrier Reef Marine Park (Environmental Management Charge-General) Act, 1993
  • Hazardous Waste (Regulation of Exports and Imports) Act, 1989
  • Heard Island and McDonald Islands Act, 1953
  • Hindmarsh Island Bridge Act, 1997
  • Historic Shipwrecks Act, 1976
  • Koongarra Project Area Act, 1981
  • Lake Eyre Basin Intergovernmental Agreement Act, 2001
  • Meteorology Act, 1955
  • Morgan-Whyalla Waterworks Agreement Act, 1940
  • National Environment Protection Council Act, 1994
  • National Environment Protection Measures (Implementation) Act, 1998
  • National Rental Affordability Scheme Act, 2008
  • National Water Commission Act, 2004
  • Natural Heritage Trust of Australia Act, 1997
  • Natural Resources Management (Financial Assistance) Act, 1992
  • Ozone Protection and Synthetic Greenhouse Gas Management Act, 1989
  • Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act, 1995
  • Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Act, 1995
  • Product Stewardship Act, 2011
  • Product Stewardship (Oil) Act, 2000
  • Removal of Prisoners (Territories) Act, 1923
  • Sea Installations Act, 1987
  • Sea Installations Levy Act, 1987
  • Sewerage Agreements Act, 1973
  • Sewerage Agreements Act, 1974
  • State Grants (Water Resources Measurement) Act, 1970
  • Sydney Harbour Federation Trust Act, 2001
  • Water Act, 2007
  • Water Efficiency Labelling and Standards Act, 2005
  • Western Australia Agreement (Ord River Irrigation) Act, 1968
  • Western Australia Agreement (Ord River Irrigation) Act, 1980
  • Western Australia (South-West Region Water Supplies) Agreement Act, 1965
  • Wet Tropics of Queensland World Heritage Area Conservation Act, 1994

Canadian Environment Acts

UK Environmental Acts

Other Environmental Acts

Common Law & Criminal Law Remedies for Environmental Problems

  • Nuisance, Negligence, strict liability and absolute liability, Provisions of IPC relating to environmental problems (public nuisance u/s 268 and others (Sections 269,270,277,284,285,286,425 to 440) Section 133 0f Cr.P.C.

International Law and Environmental Protection

  • Stockholm Conference 1972, Rio summit, 1992, UNEP, WSSD, 2002, Trail Smelter Arbitration

Environment and Development

  • Meaning and concept of development - Its impact on environment; conflict between environment and development, Concept of Sustainable Development. (Principles of integration, polluter pay principle, precautionary principle, interpenetrated equity), Public Trust Doctrine. people’s movements (Chipko, Tehri, Silent valley and NBA) Land Acquisition for development projects – Social and legal problems.

Judicial Activism and Environment

  • Public interest litigation for environmental protection
  • Landmark Judgments
    • Bhopal case
    • Olium gas leakage case
    • Rural Litigation and Entitlement Kendra, Dehradun, (Dehradoo case, (1985) Supp SCC 487)
    • A.P Pollution Control Board v. Prof M.V. Nayudu ,(1999) 2 SCC 718)
    • Vellore Citizen Welfare Forum v. Union of India, (1996) 5SCC 647)
    • Ganga Pollution case (1988) I SCC)
    • Olga Tellis v. Bombay Muncipal Corporation ((1985) 3 SCC5 45)
    • S. Jagannath v. UOI (1997) SCC867) Samatha case
    • M.C.Mehta V. Kamalnath( (1997) I SCC 388)


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