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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