Environmental Laws, Conventions and Policies: UPSC Previous Year Questions (Environment and Ecology)

Explanation

Statement 1 is incorrect: The Indian Forest Act, 1927, was amended in 2017 to exclude bamboo grown on non-forest land from the definition of "tree," thereby allowing its free cultivation and transportation. However, this amendment does not grant forest dwellers the right to fell bamboo grown on forest areas. Bamboo in forest areas is still regulated under forest laws.

Statement 2 is correct: The Forest Rights Act (FRA) of 2006 recognizes bamboo as a minor forest produce (MFP).

Statement 3 is correct: The FRA, 2006, grants forest dwellers the right to own, collect, use, and dispose of minor forest produce (MFP). This includes bamboo, tendu leaves, honey, and other non-timber forest products.

Explanation

Laws to manage e-waste have been in place in India since

2011 under The e-Waste (Management and Handling) Rules, 2011, which was amended in 2016 as E-waste (Management) Rules, 2016. It recognises producers’ liability for recycling and reducing e-waste in the country. Extended Producer Responsibility (EPR) is a policy approach under which producers are given a significant responsibility - financial and/or physical - for the treatment or disposal of post-consumer products. The Central Pollution Control Board (CPCB) has been given the Extended Producer Responsibility (EPR) authorisation under the new e-waste rules.

Explanation

Compensatory Afforestation Fund Act (Campa Act), 2016 is aimed at providing an appropriate institutional mechanism to utilize afforestation funds. The Act sets up the Central and State Compensatory Afforestation Fund Management & Planning Authorities (CAMPA).

Statement 1 is correct: As per the Act, the Compensatory Afforestation Fund Management and Planning Authority (CAMPA) is set up at both central and state levels for expeditious and transparent utilisation of funds released for forest land diverted for non-forest purposes. The National Fund receives 10% & State Fund gets 90% of funds collected.

Statement 2 is incorrect: The Compensatory Afforestation Fund Act, 2016 does not mandate people’s participation in compensatory afforestation programmes. While community involvement is encouraged in forest conservation efforts, the Act does not legally require it.

Explanation

Environment (Protection) Act, 1986 is aimed at protecting, improving the environment & reducing pollution. The Act, empowers the Government of India for coordination of action by the state, planning and execution of nationwide programmes. The Act authorises the central government to control & reduce pollution from all sources.

Statement 1 is incorrect: The provisions in the Environment (Protection) Act, 1986 does not explicitly mention detailed provisions for public participation. However, it does enable certain mechanisms that indirectly promote public involvement.

Statement 2 is correct: Section 3(2)(v) of the Act states that the central government can prescribe standards for the quality of the environment and emissions or discharges of pollutants from various sources. The Act also allows the government to regulate industrial and commercial activities that may harm the environment.

Explanation

Solid Waste Management Rules, 2016 promote the use of compost, conversion of waste into energy, and revision of parameters for landfills location and capacity. It replaced the Municipal Solid Wastes (Management and Handling) Rules, 2000 and are now applicable beyond municipal areas and have included urban agglomerations, census towns, notified industrial townships etc.

Option (a) is incorrect: Waste generators would now have to now segregate waste into three streams-Biodegradables, Dry (Plastic, Paper, Metal, Wood, etc.) and Domestic Hazardous waste (diapers, napkins, mosquito repellants, cleaning agents etc.) before handing it over to the collector.

Option (b) is incorrect: Under the Solid Waste Management Rules 2016, waste processing facilities will have to be set up by all local bodies having 1 million or more population within two years. In case of census towns below 1 million population, setting up common, or standalone sanitary landfills by, or for all local bodies having 0.5 million or more population and for setting up common, or regional sanitary landfills by all local bodies and census towns under 0.5 million population will have to be completed in three years.

Option (c) is correct: The new rules emphasize waste segregation at source, manufacturer responsibility for packaging and sanitary waste, and user fees for waste management. Biodegradable waste should be processed on-site through composting or bio-methanation, with residual waste handed over to authorized collectors. Schedule I of rules outlines criteria for landfill and waste processing site selection.

Option (d) is incorrect: As per the Solid Waste Management Rules, 2016, it is not mandatory for the waste generator that the waste generated in one district cannot be moved to another district.