Chapter 2 - Kerala Govt Logo

Chapter 2Policy, Legislation and RegulationThe Kerala Local Government Strengthening Project essentially envisages to improve theservice delivery in the sectors pertaining especially to natural resource management, primaryproduction, basic services such drinking water supply, health and sanitation, education,poverty eradication etc. The sustainability of environmental systems by ensuring its protectionwith respect to set standards is basic to uphold the local governance functions. This can beensured only be assessing the environmental worthiness of a region by understanding thesupportive capacity of resources and assimilative capacity of environment there. Thereby, anyenhancement/limiting of activities/services get linked to upgradation and conservation ofresources, on the one hand, and monitoring and maintenance of environmental standards, onthe other. Therefore, the Operational Policy 4.01 pertaining to Environmental Assessment willhave to be triggered for the project. It enables the assessment and understanding of theenvironmental systems and provides a safeguard mechanism from environmental degradationthrough a designed environmental management framework.Land is one of the most limiting resources in Kerala. Consequently, natural habitats are onconstant threat of invasion. The hesitation to accept and honour the local wisdom as well asthe growing disrespect to environmental functions and costs of ecological systems arethreatening the environmental integrity at the micro and macro level. The strengthening oflocal governance can facilitate integration of development interventions and environmentalprotection and intactness of natural habitats will be a good indicator of developmentconservationinterface. The protection of sacred groves and mangrove patches, natural waterbodies, landscape, hillocks etc will benefit from this policy. Therefore, the Operational Policy4.04 on Natural Habitats will have to be triggered for the project. Almost in the same lines,the Operational Policy 4.11 on Physical Cultural Resources will also be triggered for the projectto ensure the protection of local cultural interests.One of the thrust areas of local governments is the primary production sector and invariablypest management is a concern. Though the awareness on harmful pesticides is on the increase,the concept and practice of Integrated Pest Management (IPM) techniques have not beentricked down adequately. There are serious efforts for building awareness in IPM. Consideringthat the chemical pesticides are largely being discouraged in the state and that an organicagriculture policy has already been drafted and is in the process of adoption, the IPM can beadequately addressed through triggering Operational Policy 4.01 on Environmentalassessment.2..5.. IImplliicattiionss on Locall GoverrnmenttssThe review of the existing acts, rules, guidelines, notifications and circulars indicates that lotof powers and functions are vested with the Local Governments for the protection andconservation of the environment. Apart from these, there are many other environmentalregulations and statutes, which indirectly requiring the Local Government to act upon. It canbe seen that The Kerala Panchayat Raj Act 1994 and the Kerala Municipalities Act 1994 givesample power to the Local Governments in the matter of environmental protection. A briefreview of the applicability of these Acts, rules, regulations etc are summarized in Annexure IV.