The Environment (Protection) (Amendment) Rules, 2024

The Ministry of Environment, Forest and Climate Change has issued a draft notification for the Environment (Protection) (Amendment) Rules, 2024, under the Gazette of India, G.S.R. 418(E).

These amendments aim to strengthen the existing framework for environmental protection, enhance enforcement mechanisms, and ensure effective management of the Environment Protection Fund.

The key highlights of the draft amendments are as follows:

1. New Roles and Definitions:

• Adjudicating Officer: An officer appointed or notified under Section 15C of the Act, responsible for adjudicating non-compliance matters.
• Environment Protection Fund: A fund defined under Section 16 of the Act, managed by a Fund Administrator (a National Bank appointed by the Central Government) for environmental protection purposes.
• Presenting Officer: Tasked with handling non-compliance issues and presenting cases to the Adjudicating Officer.

2. Stronger Enforcement Mechanisms:

The Central Government can now instruct the Central and State Pollution Control Boards to revoke consent under the Air and Water Acts if there's a significant risk to the environment.

Appointment of Adjudicating Officers: State Governments/Union Territories will appoint these officers, with the Central Government also having the power to appoint them at the central level and additional officers in states/UTs as needed.

3. Clear Process for Handling Non-compliance:

Only cases initiated by Presenting Officers, with complete documentation, will be considered by the Adjudicating Officer. Presenting Officers must thoroughly review cases before forwarding them.

4. Fair Inquiry and Adjudication Process:

Adjudicating Officers must issue notices within 30 days and hold hearings, allowing the accused to respond.

Procedures for hearings, evidence submission, and transferring cases are clearly outlined.

Notices can be served via registered post, email, or by posting on the premises if other methods fail.

5. Determining Penalties and Appeals:

Penalties will be based on factors like project size, type of violation, health impacts, and gains from non-compliance.

Non-payment of penalties within 90 days can lead to imprisonment, additional fines, or both, with State Pollution Control Boards directed to initiate criminal proceedings.

Appeals against Adjudicating Officers' decisions can be made to the National Green Tribunal.

6. Effective Management of the Environment Protection Fund:

This fund will include penalties from various environmental laws and interest from investments.

It will be used for environmental monitoring, laboratory development, research, capacity building, and awareness projects.

A Project Management Unit will oversee the fund, with a governing body at central and state levels ensuring proper use.

7. Implementation and Governance:

Governing bodies will approve fund utilization proposals, review annual reports, and resolve inter-state issues.

Funds will be invested to ensure liquidity for necessary transfers and utilizations.

The Joint Secretary to the Government of India or Secretary to the State Government will sanction fund utilization.

8. Public Participation:

The public can submit their objections or suggestions within 60 days from the notification's release.

Feedback can be sent in writing to the Ministry of Environment, Forest and Climate Change or electronically to the specified email addresses.

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In case if you find this notification complicated, here's an even simpler explanation:

The government is updating the rules to better protect the environment. Here's what they're planning:

• New Roles: They're introducing new job titles to help enforce these rules, like officers who will handle cases when companies break the rules.

• Stronger Actions: If a company is causing serious harm to the environment, the government can take away their permissions more easily.

• Handling Violations: There are clear steps for how to deal with companies that don't follow the rules. Special officers will check everything before taking action.

• Fair Process: If someone is accused of breaking the rules, they'll get a notice and a chance to explain their side. If needed, cases can be moved to the right officer.

• Penalties: Companies that break the rules will face fines based on how bad the violation is. If they don't pay, they might face jail time or more fines. They can appeal these decisions to a higher environmental court.

• Environmental Fund: Fines collected from rule-breakers will go into a special fund used for environmental projects like research and education. A national bank will manage this fund to ensure it's used properly.

• Public Input: People have 60 days to share their thoughts on these changes by sending letters or emails to the government.

In short, these new rules aim to make environmental protection stricter and more organized, ensuring better enforcement and use of funds to protect our environment.