Govt to hire consultants to write new umbrella green law

The authority will have the powers to regulate waste management and conduct studies regarding environment and ecology

The National Democratic Alliance (NDA) government has invited consultants to redraw the green laws of the country following up on the T S R Subramanian committee report. The consultants to be hired through a bid will help the government draw up an umbrella environmental law, which will subsume the existing legislations, as recommended by the high-level committee.

In the “Request for Proposal” document put out by the environment ministry, the government has said the consultants will, “prepare and present draft legislation on Umbrella Environment Law with provisions to set up required institutions”. The consultants will also “prepare and present a draft legislation for setting up of a national institute on environment”.

The committee had reviewed six environmental laws and submitted a report, seeking complete overhaul of the green regulatory regime. The government has accepted its principle recommendations and said a National Environment Management Authority would be created under the new umbrella law.

The authority would take over the functions carried out under the Environment Protection Act, 1986, the Water Act, 1974, and the Air Act 1981. Additionally, the authority will also have the powers to regulate waste management and conduct studies regarding environment and ecology.

A similar state-level authority, as recommended by the committee, has also been suggested. “We have in principle accepted the recommendation for amalgamation of the laws, the rest would depend upon what the consultants recommend,” said a senior official in the environment ministry.

The Subramanian report was submitted to the government in October 2014 and sources said it had also been reviewed by the Prime Minister’s Office. It was initially indicated by Union Environment Minister Prakash Javadekar that the government would study the report and bring forth amendments in the budget session of Parliament but the floating of a tender to hire technical consultants suggested that it could now take longer for the government to finalise the new laws it intends to legislate.

“We are still targeting the Budget session of Parliament but it would depend upon if the consultant’s report suggests a simple amalgamation of laws or more,” the official said.

He added that once the report is submitted, the government would consult other stakeholders, including state governments, before moving ahead. The technical consultants finally hired will be required to review environmental regulations across the country for comparison.

They have also been tasked to “study and present the present regulatory framework giving multiple clearances, consents and authorisations with not so effective monitoring and enforcement and comparing it with systems and mechanisms in other countries.”