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    Key Answer-Environmental Law June 2010 Annual Examination: Part-A 1

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    1) The document outlines the key powers and functions of environmental authorities in India, including powers of entry, inspection, prosecution, and enforcement of environmental standards. It also discusses the significance of biological diversity for ecological balance, food, medicine, livelihoods, and as a carbon sink. 2) International agreements on biological diversity and biosafety are examined, along with India's EPA of 1986 and various waste management laws. Principles of polluter pays and precaution are also discussed. 3) Three major environmental summits - in Stockholm, Rio de Janeiro, and Johannesburg - are summarized, noting their commitments to national environmental laws, sustainable development, and participation of organizations.

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    Key Answer-Environmental Law June 2010 Annual Examination: Part-A 1

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    Rudra
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    1) The document outlines the key powers and functions of environmental authorities in India, including powers of entry, inspection, prosecution, and enforcement of environmental standards. It also discusses the significance of biological diversity for ecological balance, food, medicine, livelihoods, and as a carbon sink. 2) International agreements on biological diversity and biosafety are examined, along with India's EPA of 1986 and various waste management laws. Principles of polluter pays and precaution are also discussed. 3) Three major environmental summits - in Stockholm, Rio de Janeiro, and Johannesburg - are summarized, noting their commitments to national environmental laws, sustainable development, and participation of organizations.

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    Environmental_law June10 Ans

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    1) The document outlines the key powers and functions of environmental authorities in India, including powers of entry, inspection, prosecution, and enforcement of environmental standards. It also discusses the significance of biological diversity for ecological balance, food, medicine, livelihoods, and as a carbon sink. 2) International agreements on biological diversity and biosafety are examined, along with India's EPA of 1986 and various waste management laws. Principles of polluter pays and precaution are also discussed. 3) Three major environmental summits - in Stockholm, Rio de Janeiro, and Johannesburg - are summarized, noting their commitments to national environmental laws, sustainable development, and participation of organizations.

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    18 views2 pages

    Key Answer-Environmental Law June 2010 Annual Examination: Part-A 1

    Uploaded by

    Rudra
    1) The document outlines the key powers and functions of environmental authorities in India, including powers of entry, inspection, prosecution, and enforcement of environmental standards. It also discusses the significance of biological diversity for ecological balance, food, medicine, livelihoods, and as a carbon sink. 2) International agreements on biological diversity and biosafety are examined, along with India's EPA of 1986 and various waste management laws. Principles of polluter pays and precaution are also discussed. 3) Three major environmental summits - in Stockholm, Rio de Janeiro, and Johannesburg - are summarized, noting their commitments to national environmental laws, sustainable development, and participation of organizations.

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    of 2

    KEY ANSWER- ENVIRONMENTAL LAW

    June 2010 Annual Examination

    PART-A

    1.
     Powers
    1. Powers of Entry;
    2. Inspection;
    3. Taking samples;
    4. Consent;
    5. Launching Prosecution;
    6. Instructing the other agencies of state (Water supply, electricity, etc.);
    7. acting on complaints;
    8. requiring Information disclosure;
    9. Enforcement of standards and
     Functions
    1. Creating awareness
    2. Education
    3. Building capacity and
    4. Extending technical assistance & Expertise.

    2.
     Significance of Biological Diversity:
    1. Ecological Balance;
    2. Source of food;
    3. Source of medicine;
    4. source of livelihood ;
    5. article of commerce;
    6. Life-support and carbon sink
     International Legal Developments:
    Convention on Biological Diversity, 1992 & Biosafety Protocol 2000-Salient features
    and Evaluation.

    3.
     Umbrella Law: Analyse S.24 & S.26 of EPA, 1986- Status of Rules,
    Notifications & Authorities- same as that of EPA (Aqua culture Case).
     Background: Stockholm Conference 1972 & Bhopal Gas Tragedy 1984. Need
    for a law to deal with environmental problems.

    4.
    Waste Management Laws in India:-
    Rules for different types of wastes( Municipal wastes; Hazardous Substances;
    Hazardous Microorganisms; Hazardous Chemicals; Chemical Accidents; Bio-medical
    wastes; Lead Acid Batteries etc)
    - Obligations of waste Generator, Transporter and Disposer
    - Waste Segregation, Labelling and handling
    - Application of principles of Polluter Pays and Precaution.

    5.
    Common Law & Pollution Control:
    - Nuisance- Public and Private;
    - Sic utere tuo ut alienum non loedas
    - Negligence
    - Strict Liability- No fault Liability- Absolute Liability- Public Liability
    Insurance Act, 1991.

    6.
    Environmental Summits
    - Stockholm, 1972: Human Environment – Idea of UNEP- reflections on
    Environmental Crisis- Environment Day-Commitment to enact and enforce
    national Environment Protection Laws.
    - Rio de Janeiro, 1992:Environment & Development: Rio declaration;
    CBD;UNFCCC; Forestry Principles: Agenda 21; Commission on Sustainable
    Development
    - Johannesburg, 2002: Sustainable Development- Participation of Industry and
    Civil Society Organizations- Review and Revision of environment Protection
    goals- Continuation of the good work of the II summit.

    PART- B
    7. a)
    Analyse Sections 16 &17 of EPA, 1986.
    7. b)
    Individual right to initiate legal proceedings: Analyse S. 49 of water Act, 1974.

    8. a)
    Public Trust: Analyse M.C Mehta v. Union of India (Kamalnath, 1997) - Article
    48A of the Constitution.
    8. b)
    Precaution: Concept & Analysis- Analyse Vellore Citizens Welfare Forum v.
    U.O.I (1996)

    9. a)
    Wildlife Protection Act: Analyse the basis; classification; Authorities & their
    functions- 2002 Amendment and impacts of the law.
    9. b)
    Trail smelter Arbitration- Case of Transborder Pollution and fixing liability- case
    between Canada &U.S- Analyse.

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