Introduction to Water (Prevention and Control of Pollution) Amendment Act 2024

Recently, Union Government of India has passed a new amendment law named Water (Prevention and Control of Pollution) Amendment Law 2024 to simplify compliance (fines replace jail for minor offenses) and improve governance (central oversight on state boards).

Why Water Amendment Law 2024 is in the news? – New Water act 2024 UPSC Current Affairs

The Water (Prevention and Control of Pollution) Amendment Act 2024, has is topic of a new debates because it recently passed in the Lok Sabha, by amending the existing Water (Prevention and Control of Pollution) Act, 1974.

What is Water Amendment Law 2024? – New Water Act 2024 – Overview

The Water (Prevention and Control of Pollution) Amendment Act 2024 is a legislative modification introduced in India to amend the existing Water (Prevention and Control of Pollution) Act, 1974. Enacted to address contamination of water bodies, the amendment removes imprisonment provisions for certain violations, replacing them with fines ranging from ₹10,000 to ₹15 lakh.

1. Contamination Prevention

Addressing the contamination of water bodies by industrial effluents and sewage, the law aimed to establish a regulatory framework for preventing and controlling water pollution.

2. Institutional Structure Creation

The Act led to the establishment of the Central Pollution Control Boards (CPCB) and State Pollution Control Boards (SPCB) in 1974. These bodies were mandated to monitor and prevent water pollution.

3. Industrial Compliance

Making it mandatory for industrial units to obtain permission from State Pollution Control Boards before setting up factories, the law emphasized adherence to prescribed norms.

4. Data Collection and Dissemination

The CPCB was empowered to collect, collate, and disseminate technical and statistical data related to water pollution, aiding in informed decision-making.

5. Enforcement through Penalties

Violating the provisions of the Water Act could lead to severe penalties, including the shutdown of industries, monetary fines, and imprisonment of up to six years.

6. Wholesomeness Restoration

The overarching goal was to maintain and restore the wholesomeness of water bodies in India, ensuring the well-being of the environment and its inhabitants.

Features of the Water (Prevention and Control of Pollution) Amendment Act 2024 – New Water Act

These are the features of the new water act 2024 or The Water (Prevention and Control of Pollution) Amendment Act 2024-

1. Imprisonment Removal: New Water Act eliminates imprisonment for “minor” violations, opting for fines (₹10,000-₹15 lakh) to ease business compliance.
2. Centre’s Authority Boost: Grants Central government increased power, overruling State Pollution Control Boards in specific instances.
3. Exemption Flexibility: Empowers Centre to exempt certain industrial plants from SPCB consent in consultation with CPCB.
4. Guidelines and Penalties: Authorizes Centre to issue SPCB consent guidelines and imposes fines for tampering with monitoring devices.
5. Rule Framing Empowerment: Grants Centre authority to frame rules for SPCB chairperson selection and guidelines for state regulatory matters.

Benefits of Water (Prevention and Control of Pollution) Amendment Act, 2024

These are the benefits of the Water (Prevention and Control of Pollution) Amendment Act 2024-

1. Harassment Reduction: Replaces imprisonment with fines for minor violations, reducing perceived harassment.
2. Regulatory Flexibility: Empowers the Centre to exempt certain industrial plants, enhancing regulatory adaptability.
3. Effective Control: Increased Centre authority ensures more effective regulation of water pollution and industrial practices.
4. Improved Environmental Management: Strengthened regulatory measures contribute to better environmental management.
5. Clear Guidelines: Issued by the Centre for SPCB consent, ensuring transparent processes for industries.
6. Simplified Compliance: Clear guidelines simplify compliance procedures for businesses and industries.
7. Transparent Processes: Guidelines for SPCB consent foster transparency in regulatory procedures.
8. Governance Efficiency: Centre’s power to frame rules enhances efficiency in SPCB chairperson selection.
9. Accountability: Empowering the Centre contributes to enhanced governance accountability.
10. Streamlined Regulations: Overall, the amendments aim to streamline regulations, balancing environmental protection and business interests.

Why does the government need to make this amendment?

The government introduced the Water (Prevention and Control of Pollution) Amendment Act 2024, to address several perceived shortcomings and to adapt the regulatory framework to current needs. The key reasons for the amendment include:

1. Outdated Rules

The government identified outdated rules and regulations within the existing Water Act, contributing to a “trust deficit” in environmental governance. The amendment seeks to update and modernize these regulations.

2. Reducing Harassment

The removal of imprisonment provisions for minor violations aims to reduce perceived harassment to businesses and citizens, aligning with the principles of “ease of living and ease of doing business.”

3. Flexibility and Adaptability

Granting the Centre increased authority and allowing exemptions for certain industrial plants provides regulatory flexibility and adaptability to specific situations and industries.

4. Efficiency in Governance

The amendments empower the Centre to frame rules for SPCB chairperson selection and state regulatory matters, enhancing governance efficiency and accountability.

5. Balancing Environmental Protection

The government aims to strike a balance between environmental protection and facilitating business operations, recognizing the importance of both aspects in the country’s development.

6. Addressing Trust Deficit

By addressing perceived trust deficits caused by outdated rules, the government seeks to build confidence in the regulatory framework and ensure effective enforcement.

Key Provisions of Water (Prevention and Control of Pollution) Amendment Law 2024

The key provisions of the Water (Prevention and Control of Pollution) Amendment Act, 2024 include:

1. Removal of Imprisonment

The amendment eliminates imprisonment provisions for deemed “minor” violations, replacing them with fines ranging from ₹10,000 to ₹15 lakh.

2. State Subject and Applicability

Water being a State subject, the Centre can create legislation applicable to states if two or more states demand it. The amended Act applies to Himachal Pradesh, Rajasthan, and Union territories, while the original Act is applicable in 25 states.

3. Exemption for Industrial Plants

The Centre, in consultation with the CPCB, may exempt certain categories of industrial plants from obtaining consent from State Pollution Control Boards (SPCB).

4. Penalties and Monitoring Devices

The amended Act penalizes tampering with monitoring devices used to assess the suitability of setting up industries or treatment plants, with fines ranging from ₹10,000 to ₹15 lakh.

5. Guidelines and Empowerment

The Centre is authorized to issue guidelines for the grant, refusal, or cancellation of consent by SPCB. Additionally, the Centre can frame rules for selecting SPCB chairpersons and provide guidelines for states on establishing industries and new operating processes.

Major Changes Introduced by the Amendments

The Water (Prevention and Control of Pollution) Amendment Act, 2024 introduces several major changes to the existing Water (Prevention and Control of Pollution) Act, 1974:

1. Removal of Imprisonment Provisions

The most significant change is the elimination of imprisonment provisions for deemed “minor” violations, replacing them with fines ranging from ₹10,000 to ₹15 lakh.

2. State Subject Applicability

Water being a State subject, the amendment allows the Centre to create legislation applicable to specific states if demanded by two or more states. Currently, it applies to Himachal Pradesh, Rajasthan, and Union territories.

3. Exemption for Industrial Plants

The Centre, in consultation with the Central Pollution Control Board (CPCB), is empowered to exempt certain categories of industrial plants from obtaining consent from State Pollution Control Boards (SPCB).

4. Penalties for Tampering

The amendment introduces penalties for tampering with monitoring devices used to determine the suitability of establishing industries or treatment plants, with fines ranging from ₹10,000 to ₹15 lakh.

5. Guidelines and Empowerment

The Centre gains authority to issue guidelines for the grant, refusal, or cancellation of consent by SPCB. It can also frame rules for selecting SPCB chairpersons and provide guidelines for states on matters related to establishing industries and new operating processes.

Source – PRS Indis

What is Exemption and Consultation Process?

The exemption and consultation process in the context of the Water (Prevention and Control of Pollution) Amendment Act, 2024, refers to the provision that allows the Centre to exempt certain categories of industrial plants from obtaining consent from State Pollution Control Boards (SPCB). Here’s a breakdown of the process:

1. Exemption Provision

The amendment empowers the Centre, in consultation with the Central Pollution Control Board (CPCB), to exempt specific categories of industrial plants from the requirement of obtaining consent from State Pollution Control Boards.

2. Consultation Process

Before making decisions on exemptions, the Centre engages in a consultation process with the CPCB. This involves seeking input, advice, or recommendations from the CPCB, which plays a crucial role in providing technical expertise and insights into the environmental implications of exempting certain industrial categories.

3. Rationale

The exemption provision and consultation process aim to introduce flexibility in regulatory requirements. By consulting with the CPCB, the Centre ensures that decisions regarding exemptions are informed by technical expertise and consider the potential environmental impact.

4. Balancing Regulatory Oversight

While providing flexibility, the process maintains a balance by involving a regulatory body (CPCB) to ensure that exemptions are granted judiciously, taking into account environmental considerations and overall regulatory goals.

What are Additional Powers Granted to the Centre in this law?

The Water (Prevention and Control of Pollution) Amendment Act, 2024 grants additional powers to the Centre, enhancing its regulatory authority. These additional powers include:

1. Overruling SPCB in Some Instances

The Centre is empowered to overrule State Pollution Control Boards (SPCB) in specific instances, giving it increased authority in matters related to water pollution and industrial practices.

2. Exemption Authority

The Centre, in consultation with the Central Pollution Control Board (CPCB), has the authority to exempt certain categories of industrial plants from the requirement of obtaining consent from State Pollution Control Boards.

3. Guidelines for SPCB Consent

The Centre is authorized to issue guidelines for the grant, refusal, or cancellation of consent by State Pollution Control Boards, providing a framework for the decision-making process.

4. Penalties for Tampering

The amendment introduces penalties for tampering with monitoring devices used to determine the suitability of establishing industries or treatment plants. The penalties range from ₹10,000 to ₹15 lakh.

5. Framing Rules for SPCB Chairpersons

The Centre is empowered to frame rules for selecting the chairpersons of State Pollution Control Boards, contributing to the governance structure of these regulatory bodies.

6. Framing Guidelines for States

The Centre can frame guidelines that states can follow on matters related to establishing industries and new operating processes, providing a standardized approach across different regions.

What is SPCB?

SPCB stands for State Pollution Control Board. It is a regulatory authority or agency at the state level in India, responsible for implementing environmental laws and regulations. Each state in India has its own State Pollution Control Board. The primary functions of SPCBs include:

1. Monitoring and Enforcement: SPCBs monitor industrial activities, emissions, and effluents to ensure compliance with environmental standards and regulations.
2. Granting Consent: Industrial units are required to obtain consent from the SPCB before establishing or operating to ensure they adhere to pollution control norms.
3. Environmental Impact Assessment: SPCBs conduct environmental impact assessments to evaluate the potential environmental consequences of industrial projects.
4. Data Collection and Reporting: SPCBs collect and disseminate data related to water and air quality, pollution levels, and environmental issues within their respective states.
5. Enforcement of Penalties: SPCBs have the authority to take legal actions, including imposing fines or shutting down non-compliant industries, in case of violations.
6. Guidance and Recommendations: SPCBs provide guidance to industries on pollution control measures and recommend measures to mitigate environmental impact.

Key Facts about Water (Prevention and Control of Pollution) Amendment Act, 2024

These are the key facts about Water (Prevention and Control of Pollution) Amendment Act, 2024-

FAQs on Water Amendment Act – UPSC Questions on Water (Prevention and Control of Pollution) Amendment Act, 2024

Question-1: What is the Water (Prevention and Control of Pollution) Amendment Act, 2024?

Answer. The Water (Prevention and Control of Pollution) Amendment Act, 2024 is a legislative modification introduced to update and modify water pollution control regulations in India, amending the 1974 Act.

Question-2: When was the amendment introduced?

Answer. The amendment was introduced in the Rajya Sabha on February 5, 2024.

Question-3: What are the key changes in the amendment?

Answer. The key changes include the removal of imprisonment provisions, the imposition of fines for violations, increased central authority, and exemptions for certain industries from obtaining consent.

Question-4: Which states does the amendment initially apply to?

Answer. The amendment initially applies to Himachal Pradesh, Rajasthan, and Union territories. Other states have the option to extend its applicability through resolutions.

Question-5: What is the impact on industries without SPCB consent?

Answer. Industries operating without obtaining consent from the State Pollution Control Boards (SPCB) may face imprisonment up to six years and fines ranging from ₹10,000 to ₹15 lakh.

Question-6: How does the amendment address violations related to discharging polluting matter?

Answer. The amendment replaces imprisonment with fines ranging from ₹10,000 to ₹15 lakh for violations related to the discharge of noxious or polluting matter.

Question-7: Who appoints the Chairman of State Pollution Control Boards?

Answer. The Chairman of State Pollution Control Boards is appointed by the central government, which also prescribes the nomination process and terms of service.

Question-8: What is the penalty for offences by government departments?

Answer. The head of a department may be liable to pay a penalty equal to one month’s basic salary for violations committed by the department.

Question-9: How are penalties adjudicated under the amendment?

Answer. Adjudication officers, appointed by the central government, determine penalties, and appeals can be made to the National Green Tribunal.

Question-10: What is the objective of the amendment?

Answer. The objective of the amendment is to modernize regulations, reduce imprisonment for minor violations, enhance ease of doing business, and strike a balance between environmental protection and business interests.