Regulation of Industrial / Commercial Activities

Wild Life Protection Act (WLPA), 1972

The WLPA is the primary law used to protect marine species in India and currently lists forty-one marine species under its various schedules. ^[15]. These include species such as the whale shark ( Rhincodon typus ), seahorses (All Sygnathidians ) and certain species of sharks and rays, dugong ( Dugong dugon ), sea turtles (Chelenioidea), soft (Alcyonacea) and hard (Scleractinia) corals, and sea cucumbers (all holothurians).
The WLPA offers protection to marine species in two ways - (a) by listing specified species under Schedules I-IV of the Act (Schedule I and Part II of Schedule II offer the highest degree of protection); and (b) offering habitat-based protection through the declaration of protected areas (PAs).

• Regulatory Purview

  • Regulatory Purview

    1. Central government with power to notify species in order to afford higher/lower protection to the species.
    2. Hunting of listed species prohibited, except with a hunting permit granted for scientific research, education, translocation to an alternative suitable habitat, population management of wildlife and display at museums and similar institutions. ^[16]. Section 11 of WLPA ^[17]. Section 12 of WLPA
    3. Possession, transport and trade of animals either prohibited or regulated depending on which schedule, a species is listed under.
    4. Destruction, exploitation or removal of wildlife within PAs prohibited except with a permit that may be granted if these activities improve or help in the management of wildlife.
    5. Government has ownership over all wild animals and animal products along with any weapon or vessel used to procure such item.^[18]. Section 39 of WLPA
    6. Declarations need to be made by any person in possession of a wild animal, or products made or derived thereof. Exemptions are only granted to those who have written permissions from the CWLW. ^[19]. Section 40 of WLPA CWLW has power to make inquiries about such declarations. ^[20]. Section 41 of WLPA
    7. Certificate of ownership can be granted to persons in lawful possession of animals or animal articles with restrictions on commercial transfer or shift of such possessions. ^[21]. Section 43 of WLPA
    8. No person can carry on any business dealing in animals or animals articles without a license. ^[22]. Section 44 to 49 of WLPA
    9. Any business as a manufacturer, taxidermist, or dealings in scheduled animals or products made or derived thereof are strictly prohibited unless otherwise permitted by the Central government for specific reasons or for scientific/educational purposes. ^[23]. Section 49B of WLPA
    10. Contravention of the Act punishable with either imprisonment, or fine, or both.

  • Agencies Responsible for Implementation

    1. Forest, Police Departments and Wildlife Crime Control Bureau empowered to investigate wildlife crimes, implement and enforce the provisions of the Act.
    2. Coastal Police (part of the police force in each coastal state) to assist the Forest Department with implementing and enforcing the WLPA and for along the coasts and near shore habitats including the islands.

• Agencies Responsible for Implementation

  1. Forest, Police Departments and Wild life Crime Control Bureau empowered to investigate wild life crimes, implement and enforce the provisions of the Act.

  2. Coastal Police (part of the police force in each coastal state) to assist the Forest Department with implementing and enforcing the WLPA and for along the coasts and near shore habitats including the islands.

Water (Prevention and Control of Pollution) Act, 1974

The Water (Prevention and Control of Pollution) Act (WPCA) is the primary Indian legislation protecting its water bodies from pollution. The Act provides for the prevention and control of water pollution, safeguarding the wholesomeness of water in the country, and conferring powers and functions to the respective State and Central Boards established under the Act to deal with connected matters.

• Regulatory Purview

  1. prohibiting, and penalizing with imprisonment and fine, persons who allow polluting matter to enter into water bodies like streams or who indirectly aggravate pollution in a water body by impeding the flow of the water ^[24]. Section 24
  2. empowering State Pollution Control Boards (SPCBs) to take remedial action if polluting matter enters a water body by accident or due to other unforeseen event and to restrain / prohibit the person concerned from discharging polluting matter into water body; ^[25]. Section 32
  3. mandating prior approval of the SPCB before the establishment of any industry or process which is likely to discharge effluent into a water body. Where such prior approval is not acquired, the relevant person is punishable with imprisonment and fine.

  The State Pollution Control Board (SPCB) lays down parameters as per which it is determined whether a substance is a polluting matter. ^[26]. A Court may take cognizance of an offence only if the complaint is made by (a) a Board or any officer authorised in this behalf by it; (b) any person, with clear intention of making a complaint, has given notice of not less than sixty days of the alleged offence to the SPCB or authorised officer. An officer may be empowered by a SPCB to enter and inspect any place for the purpose of determining whether the provisions of the Water Act, 1974 or any rules, orders or authorizations made or given under the Water Act, 1974 are being complied with.

• Agencies Responsible for Implementation

  1. The two agencies that are responsible for monitoring water quality are the Central Pollution Control Board (CPCB) at the Apex level and the SPCBs at the state level.
  2. The Central Board and the State Boards have numerous functions and powers including laying down standards of sewage treatment and trade effluents that are discharged into water bodies and advising governments on matters related to prevention and control of water pollution.

The Environment (Protection) Act, 1986

The Environment Protection Act (EPA) builds on India’s participation at the Stockholm Conference, 1972 and aims to protect and improve the environment. The Act authorizes the central government to protect and improve the quality of the environment, prevent and abate environmental pollution in all its forms, and restrict industrial activities or processes that exceed the emission standards to prevent environmental hazards or accidents. In coastal and marine landscapes, this law holds special importance given the extent of environmentally harmful activities conducted across the coastline.

• Regulatory Purview

  1. The EPA empowers the Central Government to:

     Lay down standards for quality of environment and discharge of environmental pollutants.

     Restriction of areas in which activities harmful to environment maybe carried out.

     Lay down procedures and safeguards for preventing accidents which may cause environmental pollution; and remedial measures for such accidents.

     Examine and investigate problems relating to environmental pollution.

     Direct the closure, prohibition or regulation of any industry, operation or process.

  2. Schedules to the EP Rules list industries and prescribed emissions and effluents standards to be adhered to by different industries.
  3. The Central Government is empowered under the Act to delegate its powers to issue such directions to industries to the Chairman of the Pollution Control Board ^[27]. Direction issued by the CPCB under Section 5 can be accessed at https://cpcb.nic.in/ cpcb- directions -5ep.php and several State Governments. For example, in the state of Goa, the State Government has issued directions to ban the manufacture, import and sale of PoP idols sold, displayed and finally immersed in water during the annual Ganesh Chaturthi festival in view of the irreversible damage to marine ecosystems caused by chemicals applied on the idols.
  4. Non-compliance with the EPA such directions is an offense punishable with imprisonment or with fine or both

• Agencies Responsible for Implementation

  Under the EPA, the Central Pollution Control Board (CPCB), State Pollution Control Board (SPCB), and District Level Committees (DLCs) are empowered to implement the law.

Coastal Regulation Zone (CRZ) Notification

The notification was first issued in 1991 (CRZ 1991) under the EPA. This was an attempt to conserve and protect the coastal regions of India by permitting only those activities, the operation of which absolutely depended on being located in coastal regions. In the 30 years since, the notification has been modified 34 times.

In 2011, the MoEF&CC issued a CRZ notification (CRZ 2011) which consolidated the modifications to CRZ 1991 and made further amendments to it. The primary aim of CRZ 2011 was to conserve and protect coastal stretches while promoting sustainable development. In 2019, the MoEF&CC replaced CRZ 2011 with the CRZ notification of 2019 (CRZ 2019) with the aim of enhancing activities in the coastal regions to promote economic growth while protecting coastal regions.

Environment Impact Assessment Notification, 2006 (EIA)

The Environment Impact Assessment Notification, 2006 (EIA) is an important tool to conserve the quality of marine environment as it serves as an approval mechanism that project proponents who come under the purview of the EIA must maneuver before their project is implemented.

• Regulatory Purview

  1. The EIA requires that, (a) new projects or activities; or (b) the expansion or modernization of existing projects or activities, which are listed in its Schedules be carried out only once after the project proponent acquires an environmental clearance. This clearance is granted by the relevant government authorities based on potential environmental impacts of the projects.
  2. Projects are classified into Category A or Category B based on the spatial extent of potential impacts, impact on human health, and natural and man-made resources.
  3. Category A : These are activities that are considered to have a significant impact on the environment, including expansion and modernization of existing projects or activities and change in product mix, require prior environmental clearance from the Ministry of Environment and Forests (MoEF) on the recommendations of an Expert Appraisal Committee (EAC). Example: all oil and gas exploration, production and development projects.
  4. Category B: These are activities that are considered to have a lower impact on the environment and are further classified into Category B1 and Category B2 projects. The latter do not require an EIA report. Category 'B' activities include expansion and modernization of existing projects or activities and change in product mix, require prior environmental clearance from the State/Union territory Environment Impact Assessment Authority (SEIAA). Example: manufacturing projects of all Single Super Phosphate (SSP) chemical fertilizers.

  A step by step view of the entire process can be found here.

• Agencies Responsible for Implementation

  Under the EPA, MoEF, the Central Pollution Control Board (CPCB), State Pollution Control Board (SPCB), and District Level Committees (DLCs) are empowered to implement the law.

The Indian Fisheries Act, 1897 (IFA) and State Marine Fishing Regulation Acts (MFRAs)

The Indian Fisheries Act is a Central Act based on which states have made state legislations which are usually a replica of the central act barring few state amendments. Since many of the provisions of the IFA were covered under the Marine Fisheries (Regulations) Act enacted by coastal states/UTs, the IFA was repealed due to its redundancy.

• Regulatory Purview

  1) State Marine Fishing Regulation Acts (MFRAs) regulate fishing by imposing:

  > restrictions on types of fishing gears and vessels - mesh size and turtle excluder devices, and prohibition of trawlers;

  > spatial constraints - reserve fishing zones in territorial waters for traditional fishermen, mechanized and non-mechanized fishing vessels (In general, 5 to 10 km is reserved for operation by artisanal (non-mechanized) vessels.)

   > temporal constraints - seasonal fishing bans during monsoon season

• Agencies Responsible for Implementation

  1. Department of Fisheries
  2. The coastal States/UTs: Enforce this ban in the territorial waters using the provisions of the MFRA and in the exclusive economic zone (EEZ)
  3. Union Government: Enforces the ban through an executive order. For example, the President of India imposed a uniform ban on fishing by all fishing vessels (except traditional non-motorised units) in the EEZ beyond territorial waters on the East Coast and West Coast of India for a period of 61 days in 2019.

The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act 1981

The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act was enacted in 1981 to regulate fishing by foreign vessels in the maritime zones of India.

• Regulatory Purview

  1. The Act prohibits foreign vessels and any Indian citizen using a foreign vessel from fishing within any maritime zone of India unless a license and permit are obtained from the Department of Fisheries. ^[28].

  2. The Department of Fisheries may also permit a foreign vessel to be used for fishing within any martine zone of India for the purpose of scientific research, investigational or experimental fishing. ^[29].

  3. It also penalises non-compliance with requirements and conditions of licenses and permits issued under it.

• Agencies Responsible for Implementation

  The Coast Guard constituted under the Coast Guard Act, 1978 is the authorised agency for implementation of the Act. ^[30].

Marine Products Export Development Authority Act, 1972

This Act was set in place to establish a Marine Products Export Development Authority (MPEDA) for the development and regulation of the marine products and their export from their country.

• Regulatory Purview

  1. MPEDA has several functions including conservation and management of off-shore and deep-sea fisheries, market promotion, capture and culture fisheries, processing infrastructure and value addition, quality control, and Research and Development.
  2. The Authority is empowered to regulate and protect the seafood and marine products exported from the country. It also advises the Government of India to notify standards for fishing vessels, storage premises, processing plants, etc.
  3. Certifies and provides licenses for seafood export to European Union countries to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fishing.

• Agencies Responsible for Implementation

  The primary agency responsible for implementation of the Act is the MPEDA. In addition, the central government may from time to time make provision for prohibiting, restricting or controlling the import or export of marine products.