In this article, you will get to know all about What is Environmental Policy & Environmental Legislation?
What is Environmental Legislation?
Environmental legislation is a combined term enclosing the aspects of the law that ensures safeguarding to the environment. Environmental legal principles strongly determine the management of particular natural resources like forests, fisheries, or minerals. Like environmental impact assessment, other regions won’t fit methodically into either category but are nevertheless an important piece of environmental law.
Environmental legislation means a plan of action accepted by the government of a particular state or country to justify the course of action. Environmental legislation tries to validate all the laws of the environment legitimately. However, environmental legislation varies from different countries to continent. It focuses on a common aim to the safe and feasible living of hall life forms on earth.
What is Environmental Policy
Environmental policy is the dedication of an organization or government laws, norms, and various policy implementations regarding environmental issues and challenges. These challenges typically include air, water, and noise pollution, global warming. Also, garbage disposal, ecosystem management, preservation of biodiversity, the management of natural, wildlife, and endangered species and their resources. Policies regarding energy or rule of toxic substances that incorporate pesticides, insecticides, and plenty of harmful sorts of industrial waste are a segment of the topic of environmental policy. This environmental policy can intentionally take to impact human ventures. And hence prevent unsuitable results on the biophysical environment and make sure that changes in the environment do not have intolerable consequences on human life.
Evolution of Environmental Law
These periods communicate the early sparkle of international environmental law when the fundamental substructure of international environmental law evolved and developed. Legal work done during these times laid the foundation for expanding and applying international environmental law. The evolution of international environmental law as it may be measured in three definite periods are as follows:
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- Traditional Period (1900-1972): – History of conservation can be discovered back to 1669 when Jean-Baptiste Colbert made way for the Ordonnance et forest which can be perceived as a forerunner for environmental law that is present today. Natural resource management, thereafter, has been a topic of international law for more than five hundred years. Starting with the arrival of the Traditional Period which bestowed upon us the early sparkle of Environmental Law. The traditional period started out a basic component of International Law when mutual agreements were introduced between different states to resolve affairs over shared natural resources.
- Modern Period (1972-1992): – The dawn of ‘modern’ international environmental law dates back to 5 June 1972. That marks the inception of the United Nations Conference on the topic of Human Environment in Stockholm. This timeline has many evolutions that occurred up to the 1992 United Nations Conference on Environment and Development. In 1972 for the first time, all the countries across the world came together to recognize and label the environmental problems at the United Nations Conference on the Human Environment in Stockholm. This conference has had an enduring apprehension about the evolution of international environmental law.
- Post-Modern Period (1992-2012): – This period began with the United Nations Conference on Environment and Development and continues for the next two decades. It began in June 1992 when countries gathered together in Rio de Janeiro, Brazil, on the 20th anniversary of the 1972 Stockholm Conference. The location sent an important message that environment and development were the reason to worry for all countries, irrespective of the country’s economic development. It was marked as an important conference that endured a deep impact on upcoming international environmental law and policies.
Importance of Environmental Legislations and Policies
- The importance of environmental legislation is without proper acceptable rules and laws, conservation of the environment cannot be understood.
- Creating environmental realization and encouraging environmental education are ways to ensure that humans do not demean the environment instead preserve it for the future.
- Nevertheless, it is the legislation that should ensure ‘environmental conservation’ is practiced daily.
- Legislation requires multibillion-dollar companies, big as well as small businesses, and the public to protect their environment and prevent its degradation.
Environmental Policies and Laws
The need to conserve and protect the environment and continuous use of natural resources is mirrored in India’s constitutional framework and the international dedication of India. The Constitution under Part 4A, i.e., Art 51A-Fundamental Duties, directs the responsibility of every citizen of India. It incorporates conserve, protect, and better the natural environment. This includes the forests, lakes, rivers, and wildlife and should have sympathy for all living beings. Furthermore, the Constitution of India under Part 4A Art 48A-Directive Principles of State Policies. It specifies that the State shall attempt to conserve and improve the environment and protect its forests and wildlife. Some of the most important laws for the protection of the environment are as follows:-
The National Green Tribunal Act, 2010
The NGT Act, 2010 (No. 19 of 2010) has been approving with the objectives to come up with the founding of an NGT for the successful and speedy discarding of cases related to environment conservation and protection of forests and other natural resources. It also includes enforcement of any legal right related to the environment and providing relief and payment for damages caused to persons or property.
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The Air (Prevention and Control of Pollution) Act, 1981
The “Air Act” is an act that provides aid for the prevention, control, and decrease of air pollution. And for the founding of Boards at the Central and State levels with an image to carry out the purposes above.
The Water (Prevention and Control of Pollution) Act, 1974″
The “Water Act” has been accepted to serve the control and to prevent water pollution. And helps maintain or reinstate the wholesomeness of water in the State or country. It further supplies the formation of Boards to control and to avoid water pollution from carrying out the purposes described above.
The Environment Protection Act, 1986
The Environment Protection Act sets up the framework for careful planning, studying, and implementation of long-term demands of environmental safety. It lays down a body of the speedy and adequate response to circumstances that are alarming the protection of the environment.
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