Environment Protection Authority

The reported statement of Minister for Environment & Forest, G.O.I, regarding setting up of an Independent (autonomous) "Environment Protection Authority"(EPA) replacing the CPCB and State PCBs, which is long overdue, is welcome.

One of the objectives of National Environment Policy (N E P)-2006, is "Environmental Governance", by applying the principle of "Good Governance" –(Transparency, Rationality, Accountability, Reduction in Time & Costs, Participation and Regulatory Independence)- to the management and regulation of the use of environmental resources. As highlighted by the Parliamentary Committee Report, the essential ingredient-Regulatory Independence – of environmental governance, is missing from our system.

It is recommended that "Financial and Functional Autonomy" be accorded to the proposed EPA, both at National and State levels, so that it can discharge its duties without fear or favor. By giving adequate statutory and legal support, it can be made effective and functional. Also recommend the inclusion of "Environmental Protection" as an item in the Seventh Schedule to the Constitution of India, in the Concurrent List.

Further recommend that Chairperson and Members of the proposed EPA should be persons who have rendered remarkable and distinguished service to the cause of Environment. They should be persons of repute & widely acclaimed and selected from the panel of names recommended by an Expert Committee. They should be appointed for a fixed tenure and the sword of removal or termination should not be hanging on their heads. The Chairperson should be full time. The present trend of IAS Officers and Bureaucrats holding the key posts at CPCB and State PCBs is very disturbing and that practice needs to be stopped in the case of EPA , to facilitate it to function as a Professional Body.

Policy & Decision Making

At present there is no demarcation in practice, between Policy making and Regulatory Decision making process, as both are practically managed by Ministry of Environment & Forests.(MoEF). As a result the decision making, to a large extent on environmental issues, is being influenced by the policy makers, leading to massive failures of Regulatory &Supervisory powers. Therefore, it is of vital importance that the entire regulatory decision making process on environmental issues be delinked from MoEF and entrusted to Autonomous EPA.

Consequently, the "EIAA" for according environmental clearances, both at Central and State level, will be brought under NEPA and SEPA, instead of the present practice of MoEF of G.O.I and Department of Environment at State level.

Segregation of MoEF

Because of unwieldy nature of the present administrative setup of MoEF and in the light of adverse impressions about its functioning, sensitivity and response to environmental issues etc, it is strongly recommended that "Ministry/Dept of Environment and Forests" both at Central and State levels respectively, be bifurcated. Suggest that "Environment" be brought under Ministry / Dept of Science and Technology, if it is not possible to have an independent Ministry / Dept. for Environment .

Green Tribunals

As per the advice of the Law commission, the Cabinet note for constitution of "Green Tribunals" to replace the present structure of "Environmental Appellate Authorities", is understood to have been prepared as far back as 2007. The early constitution of "Green Tribunals" by a Bill of Parliament will help reduce the significance of several Supreme Court-appointed committees on environment and even help do away with them. The public opinion needs be solicited before the Bill is placed in the parliament.

Conclusion

It is requested that in the process of setting up EPA , necessary measures to provide "Good Governance", and "Regulatory Independence" be initiated, so as to avoid failure of Regulatory and Supervisory process in the management and regulation of the use of Environmental Resources.