The Ministry of Environment, Forest and Climate Change (MoEF&CC) has proposed significant amendments to the Environment (Protection) Rules, 1986. These draft amendments aim to enhance environmental protection by strengthening enforcement mechanisms. The draft amendments were published July 18, 2024.
Key Changes Proposed
Enhanced Powers for Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs)
In cases of severe environmental threats, the Central Government can now direct the CPCB or SPCBs to revoke consent granted under pollution control acts. This allows for swift action against facilities causing significant harm.
Establishment of Adjudication Officers
The amendments establish a formalized structure for adjudicating environmental non-compliance and contraventions. Adjudicating Officers will be appointed at central and state levels. These officers will be empowered to receive complaints, investigate alleged violations, and impose penalties.
Streamlined Inquiry Process
A defined procedure for handling complaints and inquiries is outlined. This includes:
- Timeframes for response and adjudication.
- Opportunities for both parties (complainant and alleged violator) to present their cases.
- Clear guidelines for evidence gathering and order issuance.
Factors for Determining Penalty Amounts
The amendments specify factors for Adjudicating Officers to consider when determining penalties for environmental violations, such as:
- Nature and severity of the violation.
- Potential environmental and health impacts.
- Repetitive nature of the offense.
- Any financial benefits gained from non-compliance.
Stricter Measures for Non-Payment of Penalties
The amendments also introduce stricter measures for those who fail to pay imposed penalties. Non-payment can even result in additional penalties and imprisonment.
The MoEF&CC’s initiative highlights its commitment to environmental protection and ensuring polluters are held accountable for their actions.
