Chapter 2 - Kerala Govt Logo

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<strong>Chapter</strong> 2Policy, Legislation and Regulationnoncompliant industrial unit on receipt of recommendations from the KSPCB suggestingcancellation of license issued by LSGI.LSGI have a role in formulating pollution control policies in the State under the Water Actand Air Act by serving as members of the State Pollution Control Board. As per Section 4(2)of the Water Act; 5 persons are to be nominated by the State Government from amongstthe members of LSGIs functioning within the State to serve as members of the KSPCB.2.2.2.5. Environment Protection Act 1986The Government of India introduced a comprehensive law on environment called “TheEnvironment (Protection) Act, 1986 on 23rd May 1986”. The Act empowers the CentralGovernment to take measures to protect and improve environment including the prevention ofhazards to human beings, other living creatures, plants and property. The salient aspects ofthe act are:Empowerment of the Central Government to take all measures for the purpose ofprotecting and improving the quality of the environment and preventing, controlling andabating environmental pollution.Co-ordination of actions by the State Governments, officers, and other authorities.Planning and execution of nation-wide programme for the prevention, control andabatement of environmental pollution.Laying down standards for the quality of environment.Laying down standards for the quality of environment and emission or discharge ofenvironmental pollutants.Restrictions on locating industries, operations or processes or class of industries, operationsor processes.Laying down procedures and safeguards for the prevention of accidents which may causeenvironmental pollution.Laying down procedures and safeguards for the handling of hazardous substances.Inspection of any premises, plant, equipment, machinery etc and examination ofmanufacturing processes, materials or substances that are likely to cause environmentalpollution and issue directions to take ameliorative steps.Carrying out and sponsoring investigations and research relating to the problems ofenvironmental pollution.Preparation of manuals, codes or guides relating tothe prevention, control and abatement ofpollution.Establishment and recognition of environmentallaboratories institutions. Collection and dissemination of informationrelating to environmental pollution.This is an umbrella act under which anumber of notifications have come upin respect of coastal protection,environmental impact assessment,biomedical waste management, solidwaste management etc. The proposedESMF necessitates the compliance tovarious provisions of thesenotifications.Constitution of authorities and appointment ofofficers, if necessary, for the purpose of exercising and performing the powers andfunctions conferred on it vide the act.
Environmental Assessment Report<strong>Kerala</strong> Local Government Strengthening ProjectIssuance of directions in writing to any person, officer, or any authority directing themclosure, prohibition or regulation of any industry, operation or process or stoppage orregulation of the supply of water, electricity or any other service.Directions on the penalty for contravention of the provisions of the act and rules such asimprisonment for a term extending up to 5 years and fine extending up to Rs. 5 lakh orboth and additional fine of Rs. 5000/- per day if failure or contravention continues afterthe conviction.Formulation of rules in respect of all or any of the matters referred above.2.2.2.6. Coastal Regulation Zone Notification 1991The Government of India issued the Coastal Regulation Zone Notification on 19th February1991 under sections 3 (1) and 3 (2) (1) of the Environment (Protection) Act 1986 withobjectives to protect our coastlines and to regulate the activities there. This rule applies tothe coastal stretches of seas, estuaries, creeks, rivers and back waters which are influenced bythe tidal action, up to 500m towards landward side from High Tide Line and land between theHigh Tide Line (HTL) and Low Tide Line (LTL). The distance from the HTL in the case of rivers,creeks, estuaries and backwaters shall apply to both sides and shall not be less than 100m orwidth of the river, creek, or backwaters whichever is less. The salient features of thenotification are:Provisions for prohibiting certain activities detrimental to environmental protection andregulating all other activities in the CRZ by classifying the coastal stretches into differentzones namely CRZ I, II, III and IV and specifying development restrictions.Preparation of Coastal Zone Management Plan (CZMP) for the state by identifying andclassifying the CRZ areas in accordance with the guidelines provided to regulate thedevelopment and activitiesConstitution of authorities at the State and Central level for monitoring and enforcementof the provisions, thereby certain activities notified in the rules are regulated with theclearance from the appropriate authority.Specifications/guidelines for development of Beach Resorts/Hotels.There are provisions for exemptions in the case of strategic installation, traditional livelihoodactivities and conventional/manual processes/interventions. The regulation of activities withinthe CRZ has been entrusted with the State and Central Coastal Zone Management Authoritiesbased on the status report on the location of HTLprepared by any of the six authorized agencies by theMinistry of Environment and Forests, Government ofIndia. The Centre for Earth Science Studies,Thiruvananthapuram is an authorized agency in thisregard. Though the State has an approved Coastal ZoneThe proposed ESMF shall enable theimplementation of the regulations asthe projects will be screened forpermissible activities under thenotification.Management Plan (CZMP), demarcating different classes of CRZ, it requires modifications withrespect to certain general and special conditions as stipulated by the Central Government. Assuch, lack of proper monitoring and enforcement mechanism has led to various violations, andthe compliance status, in general, is poor.36
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