TSR Subramanian panel suggests a new umbrella environmental law, which will give government exclusive powers to deal with forests
The Narendra Modi government had promised to simplify green laws, and the recent report on the review of major environmental laws seems to be pavingt the way for that.
The 100-page report, prepared under the chairmanship of former cabinet secretary TSR Subramanian, has suggested a new umbrella environmental law--Environmental Laws (Management) Act (ELMA). If accepted, it will give the government exclusive powers to deal with forests, making Supreme Court’s environment-related panels like central empowered committee, and environment pollution (prevention and control) authority redundant.
Activists believe these recommendations are futuristic and could be used constructively. However, the government’s past record in dealing with the environment does not arouse much confidence in its ability to regulate the sector and protect environment.
As per the report (with dna), which incorporates the model bill--the “new law aims at constituting statutory agencies comprising experts to manage all aspects of the environment, including forests in a transparent manner. The law provides checks, balances and forums for dealing with grievances. Hopefully, it will also obviate the situation that compelled the judiciary to manage forests and environment with the help of ad hoc committees.'
“Notwithstanding any judgment, decree or order of any court, the subject of permission to cut trees or to deal with forest, forest produce or forest land in connection with any project that has received environmental clearance under this Act, or in connection with road building or any other activity of public importance as declared by the government and approved by the cabinet specifically or generally, shall be dealt with only by the environmental authorities concerned, who shall decide the amount needed for compensatory afforestation and collect the same before granting permission. The decision of the authority, subject to the decision of the government in revision, shall be final,” the bill suggests.
The panel was formed by the Union ministry of environment and forests (MoEF) on August 29 to “review and suggest amendments” to Environment (Protection) Act, 1986, Forest (Conservation) Act, 1980, Wildlife (Protection) Act, 1972, Water (Prevention and Control of Pollution) Act, 1974; Air (Prevention and Control of Pollution) Act, 1981, and Indian Forest Act 1927.
Besides the report, MoEF has also taken a series of policy initiatives to ease green norms and clear projects.
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