This article has been written by Mr. Rahul Kumar, a 3rd year 5th semester student of Faculty of Law, Banaras Hindu University.

 

ABSTRACT

There has been a rise in awareness in recent years of the need to conserve the environment and advance sustainable practices. Due to worries about pollution, resource depletion, and climate change, environmental regulations are becoming a crucial part of doing business. Respecting these regulations helps to preserve the environment for coming generations in addition to ensuring legal compliance. To strike a balance between their operating objectives and environmental duties, firms in India’s diverse sectors must negotiate a complicated web of environmental rules.

INTRODUCTUON

One of the world’s economies that is reportedly expanding the fastest is India’s. According to a Live Mint analysis, India’s economy may overtake all others in terms of global growth in 2018. Nonetheless, there are several ink spots in the screenplay of its growth that are indisputable. Even though the National Manufacturing Policy is working hard to achieve its goal of raising the sector’s GDP contribution by 25% and the Indian manufacturing sector has consistently received the necessary boost, the government is also pushing more initiatives to make it easier for businesses to do business in India.

A few instances of the government’s attempts to impose reformative agendas are the Made in India, Startup-India-Standup-India, E-Biz Project, skill development programmes, and other reforms in various sectors. But as a result of this “development,” India is gradually falling behind other nations in the field of environmental conservation. In actuality, little to no effort was made to expedite environmental preservation, even though the 2013 revision to the Companies Act went ahead and cautiously brought Corporate Social Responsibility (CSR) into the regulatory purview.

A firm must be run strictly in accordance with all legal compliances in order for it to be fully operational and trouble-free. Consciously adhering to environmental standards is vital, starting with the company’s registration and continuing through daily transactions, labour and employment practices, safety measures, and, last but not least, employment practices. I’ll need to develop a different course if I start writing about each of them. Fortunately, this course takes care of everything and relieves me of the load.

This is a succinct summary of a few environmental law facets that most people are unaware of and will eventually have to deal with:

Regulations And Legislations

It is imperative that you review the extensive list of laws to make sure you are complying with all of them. The required compliance checklist will be saved for the upcoming piece. This is an extensive list of laws that you must follow:

1. The Environment (Protection) Act, 1986  :

This overarching legislation empowers the central government to take measures to protect and improve the environment. It covers issues such as hazardous waste management, air and water quality standards, and environmental impact assessments for development projects.

 

2. The Water (Prevention and Control of Pollution) Act, 1974  :

This act seeks to prevent and control water pollution by regulating the discharge of pollutants into water bodies and establishing pollution control boards. and for the maintaining or restoring of wholesomeness of water in the country.

3. The Air (Prevention and Control of Pollution) Act, 1981  :

Similar to the Water Act, this legislation aims to prevent and control air pollution through the regulation of emissions and the establishment of pollution control boards.

4. The Forest (Conservation) Act, 1980  :

This act focuses on the conservation of forests and regulates activities like mining, infrastructure development, and industrial projects within forested areas. To replenish forests by planting more trees and encouraging the growth of forests in our country and to prevent the conversion of forests reserves into grazing lands, space for building residential units, agricultural lands, etc. and stop the decline of forest  biodiversity. 

5. 
   The Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016  :

Hazardous Waste Management Rules are notified to ensure safe handling , generation, processing, treatment, package, storage, transportation, use reprocessing, collection, conversion, and offering for sale, destruction and disposal of Hazardous Waste. These Rules came into effect in the year 1989. The Rules lay down corresponding duties of various authorities such as MoEF, CPCB, State/UT Govts., SPCBs/PCCs, DGFT, Port Authority and Custom Authority while State Pollution Control Boards/ Pollution Control Committees have been designated with wider responsibilities touching across almost every aspect of Hazardous wastes generation, handing and their disposal. These rules provide guidelines for the management, handling, and disposal of hazardous wastes, including e-waste.

6. The Plastic Waste Management Rules, 2016  :

The Government of India in the erstwhile Ministry of Environment and Forests provided a regulatory frame work for management of plastic waste generated in the country to give thrust on plastic waste minimization, source segregation, recycling, involving waste pickers, recyclers and waste processors in collection of plastic waste fraction either from households or any other source of its generation or intermediate material recovery facility and adopt polluter’s pay principle for the sustainability of the waste management system, with a rising concern about plastic pollution, these rules mandate the proper management and disposal of plastic waste.

7. 
   The Wildlife Protection Act, 1972  :

An Act to provide for the conservation, protection and management of wild life and for matters connected therewith or ancillary or incidental thereto with a view to ensuring the ecological and environmental security of the country. Aimed at conserving wildlife and their habitats, this act regulates hunting, poaching, and trade in wildlife and their products.

Environmental Compliances for Companies

• Environmental Impact Assessment (EIA)  

An instrument used to evaluate a project’s or development proposal’s potential substantial environmental repercussions is the environmental impact assessment (EIA). EIAs ensure that project decision-makers consider the environmental effects that are anticipated to occur as soon as feasible and work to prevent, minimise, or balance those effects.

For projects with potential environmental impacts, an EIA is mandatory. Businesses must assess and mitigate potential environmental consequences before commencing operations.

2. Obtain Necessary Permits and Clearances  :

Depending on the nature of the business and its potential environmental impact, various permits and clearances may be required from relevant authorities.

 

3. Waste Management  :

Proper waste management practices are essential. This includes segregating and disposing of waste appropriately and adhering to guidelines for hazardous waste management.

4. Air and Water Quality Compliance  :

Ensure compliance with air and water quality standards by monitoring emissions and effluents. Install pollution control equipment as necessary.

5. 
   Biodiversity Conservation  :

If operating in areas with biodiversity significance, respect and adhere to conservation requirements, and take measures to minimize ecological impacts.

6. Green Initiatives  :

Embrace sustainable practices such as energy conservation, water management, and the reduction of carbon emissions. These efforts not only align with environmental goals but can also result in cost savings.

7. Regular Reporting and Documentation  :

Maintain accurate records of environmental compliance activities and periodically report to regulatory authorities.

Environmental Licences (Part-Time or Full-Time)

The Ministry of Environment, Forests, and Climate Change implemented a new system of categorising various industries on March 5, 2016. A new idea called “white industries” is intended to categorise businesses that are considered “non-polluting.” They only need to notify the appropriate State Pollution Control Board; they don’t need a permit or consent.

 

Certain environmental permits need to be obtained for the remaining industries (red, orange, and green). Depending on the type of activity your company is engaging in and its size, you may need several different permits. A Pollution Index (PI) score will be assigned to your business based on how resources are used, air emissions, water effluents, and hazardous waste are produced. The apartment board will need to provide you permissions and consents. According to this article, the following is how the PI score is assigned:

 

• Red category: PI score more than 60. Including, but not limited to, oil and gas extraction, shipbreaking, asbestos, nuclear power plants, etc. 
• Orange category: 41–59 on the PI scale. Food processing, paint blending, printing ink manufacture, and medicinal formulations are a few examples.
• Green category: 21 to 40 on the PI scale. Under it, 63 sectors have been designated. For instance, sawmills, rubber/tire retreating, plastic goods and polythene. 
• White category: up to a 20 PI score. As an illustration, consider the production of solar power using photovoltaic cells, wind power, and small hydroelectric power plants producing less than 25 megawatts.

 

Integrated Permits for the Environment 

An integrated permit system exists in India, where a single authorization is sufficient for numerous consents and permissions. For instance, to get the “consent to establish” and then the “consent to operate” under the Water Act, Air Act, and Hazardous and Other Waste Rules, 2016, one can file a combined consent application to the applicable State Pollution Control Board.

Process is now simple thanks to technology. For example, the Central Pollution Control Board, rather than the State Board, will now only accept a single, centralised application form for producers to obtain licence under the recently enacted E-Waste (Management) Rules, 2016.

How Long Does A Permit Last For?

Generally speaking, the State Pollution Control Board has the authority to decide how long consents and permits will last. Over the last ten years, attempts have been made to simplify each industry’s validity. Although it depends on the project’s size, a first “consent to establish” usually has to be renewed after a year. Other validities and consents, such “consent to operate,” under different water and air legislation, can have a duration of three to five years.

If a renewal is necessary, an application is typically accepted 60 to 120 days prior to the “consent to operate” expiration date. The State Board reserves the right to refuse approval in the event that there has been non-compliance or to terminate the renewal only after the non-compliance has been corrected.

The most recent laws include a clause for extended permits. The Hazardous and Other Waste Rules, 2016 (also known as the E-Waste Rules) have a five-year validity period. Once more, a lot depends on the industry in which you work.

 

Limitations on Permit Transfers 

This knowledge may be helpful to you if you’re attempting to reorganise an organisation, sell your company to someone else, or even buy another company. If obtained under the Environmental Impact Assessment (EIA), the majority of consent orders, licences, and environmental clearances can be easily transferred. The normal protocol for it is as follows:

• The new acquirer, transferee, or buyer must apply to the appropriate regulatory body and guarantee that he will abide by all pre-existing terms in the consent order, licence grant, or permit.

• The owner must give the appropriate regulatory body a certificate of no objection.

• If necessary, a list of supporting documents (which explain the rationale behind the transfer, the name change, the management change, and so on) must be provided.

It goes without saying that all enterprises, no matter how big or little, have an equal responsibility to preserve the environment. Because of the larger scope and wider-ranging effects of their conduct in this instance, their liability may increase a little more. They have a duty to make sure that certain compliances are followed precisely because of this.

It is undeniable that these rules and compliances can be onerous and time-consuming, and not everyone may be able to stay on top of them. Taking an online course can be a simple method to accomplish that, as it can offer you ready-made checklists and guidance on how to operate your business smoothly.

CONCLUSION

In India, adhering to environmental laws is a step towards creating a sustainable and ethical business, not just a legal requirement. Businesses may help preserve the environment, lessen their ecological imprint, and play a significant part in guaranteeing a healthier and greener future by abiding by the complex web of environmental rules. In today’s world, striking a balance between environmental protection and commercial growth is not only required by law, but it is also morally and ethically right.

REFRENCES :

• This article was originally written by N. Venkateshwara published on journals.sagepub.com. The link for the same is herein https://journals.sagepub.com/doi/pdf/10.1177/0256090919970301

• This article is written by Kanchan Yadav and Dr. Sanjay Guha and published on papers.ssrn.com. The link for the same is herein https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3310189
• THE FOREST (CONSERVATION) ACT, 1980 Act No. 69 OF 1980
• The Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 
• The Environment (Protection) Act, 1986 Act No. of (29 of 1986)
• The Plastic Waste Management Rules, 2016 
• This article was originally written by Anna Mazzi published on mdpi.com. The link for the same is herein https://www.mdpi.com/1740156
• This article was originally written by Wayne B. Grey published on IZA world of labour.com. The link for the same is herein  https://wol.iza.org/articles/environmental-regulations-and-business-decisions/long