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Pollution Control - Statute Law

Environmental Protection •  Regulatory control of the environment

means giving prior permission to pollute in a controlled manner.

•  The volume of substances discharged into the environment is controlled by imposing conditions.

•  Prior permission can be granted by way of licenses and permits.

Pollution control in the NEA •  Section 23 A •  Amended by Act No. 53 of 2000 •  Earlier provision stated that: with effect from such date as may be

specified by the Minister by Order published in the Gazette, no person shall discharge, deposit or emit waste into the environment which will cause pollution except (a) under the authority of a licence issued by the Authority; (b) in accordance with such standards and other criteria as may be prescribed under this Act.

Pollution control in the NEA (cont)

•  Present provision in Section 23A (1) states: The Minister shall determine by Order

published in the Gazette the activities in respect of which a licence is required to be obtained under this Act (hereinafter referred to as “prescribed activities”) being activities which involve or result in discharging, depositing or emitting waste into the environment causing pollution.

Other Changes •  License now valid for 3 years instead of 1

year •  Those who violate the conditions of the

license are now criminally liable. Earlier the license was only cancelled.

•  If a person carries on an activity without a license, the CEA may obtain a court order to close the factory or industry

Definitions of key terms “Waste”

includes any matter prescribed to be waste and any matter, whether liquid, solid, gaseous, or radioactive, which is discharged, emitted, or deposited in the environment in such volume, constituency or manner as to cause an alteration of the environment.

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“Environment”

means the physical factors of the surroundings of human beings including the land, soil, water, atmosphere, climate, sound, odours, tastes and the biological factors of animals and plants of every description.

“Pollution” means any direct or indirect alteration of

the physical, thermal, chemical, biological or radioactive properties of any part of the environment by the discharge, emission, or the deposit of wastes so as to effect any beneficial use adversely or to cause a condition which is hazardous or potentially hazardous to public health, safety or welfare, or to animals, birds, wildlife, aquatic life, or to plants of every description.

“beneficial use”

a use of the environment or any portion of the environment that is conducive to public benefit, welfare, safety or health and which required protection from the effects of waste, discharges, emissions and deposits.”

EPL Procedure

•  Set out in the NEA •  Supplemented by the National

Environmental (Protection and Quality) Regulations of 1990

Procedure

•  Applicant shall apply for a license and pay the prescribed fee.

•  CEA may issue a license authorising applicant to discharge, deposit or emit waste into the environment in accordance with the standards prescribed under the act.

•  Licenses now valid for three years.

Procedure - Cont…

• When issuing applications, CEA may if it considers necessary refer it to any other Government agency for a report.

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CEA may cancel a license if: 1.  Applicant has violated conditions 2.  Environment has altered due to natural or

other factors 3.  Where the continued discharge of

pollution would adversely affect beneficial use.

If license if refused, applicant may appeal to the Secretary, Ministry of Environ ment

Regulations

•  Prescribe standards and criteria for issuing a license.

•  These standards are not conclusive and stricter ones may be applied.

•  Where there are no standards for a particular activity, CEA may make a decision on the merits.

License will be issued if CEA is satisfied that •  It will not be used to contravene the

provisions of the NEA of regulations •  No irreversible hazard to man and

environment or a nuisance will result from issuing the license

•  Applicant has taken adequate steps to protect the environments

Courts have held that: •  An authority issuing a license must act

fairly •  Hear neighborhood objections and conduct

investigations •  Investigate community complaints about

violations •  Give the EPL holder a reasonable

opportunity to hear the case against him/her and defend themselves before canceling a license.

•  Conditions imposed on the applicant must be reasonable.

Environmental Quality

•  Found in Part IVB of the NEA •  Deals with pollution of the inland

waters, atmosphere and soil and noise pollution.

•  Imposes criminal liability on offenders

Regulations •  National Environmental Protection and Quality

Regulations 1990 •  Regulations relating to materials which deplete

the ozone layer 1994 •  National Environmental (Ambient Air Quality)

Regulations 1994 •  National Environmental (Noise Control)

Regulations 1996 •  Waste Disposal Regulations 1996 •  National Environmental (Air Emission, Fuel and

vehicle Importation Standards) Regulations 2000

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International Law - Conventions

•  Vienna Convention for the Protection of the Ozone Layer (1985)

•  Montreal Protocol on Substances that deplete the Ozone Layer (1987)

•  Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (1989)

Other strategies

•  Emissions trading / carbon trading