Unveiling reforms: Water (Prevention and Control of Pollution) Amendment Bill, 2024

The Water (Prevention and Control of Pollution) Amendment Bill, 2024, introduced in the Rajya Sabha on February 5, 2024, brings noteworthy modifications to the existing Water (Prevention and Control of Pollution) Act of 1974. This pivotal legislation establishes central and state pollution control boards (CPCB and SPCBs) to curb water pollution, with recent amendments aiming for more effective regulation.

Key Amendments:

Decriminalization and Penalty Shift:

The Bill marks a departure from criminalizing certain violations, opting instead for imposing penalties. This change is designed to streamline enforcement and addresses the legal repercussions associated with non-compliance.

Regional Applicability:

Initially applicable to Himachal Pradesh, Rajasthan, and union territories, the Bill allows other states to extend its jurisdiction by passing resolutions. This ensures flexibility in implementation based on regional needs.

Consent Exemptions for Industries:

Noteworthy changes involve the central government, in consultation with the CPCB, having the authority to exempt specific industrial categories from obtaining consent for establishment. Clear guidelines for granting, refusing, or canceling consent are also introduced, maintaining penalties for non-compliance.

Chairman Nomination:

The process of nominating the chairman of an SPCB is streamlined, with the central government prescribing the nomination procedure and terms of service.

Discharge of Polluting Matter:

The Bill shifts from imprisonment to penalties for violations related to the discharge of noxious substances. Exemptions, such as depositing non-polluting materials for land reclamation, are retained but with revised penalty structures.

Penalties for Offenses:

The Bill replaces unspecified imprisonment terms with fines ranging from Rs 10,000 to Rs 15 lakh for offenses not explicitly specified. Failure to pay penalties may result in imprisonment or fines up to twice the penalty amount.

Adjudication Officers and Appeals:

Introduction of adjudication officers, appointed by the central government, streamlines penalty determination. Appeals can be made to the National Green Tribunal, subject to depositing 10% of the imposed penalty. Collected penalties contribute to the Environment Protection Fund.

Cognizance of Offenses:

The Bill expands the scope for taking cognizance of offenses by allowing complaints from adjudicating officers in addition to the CPCB and SPCB.

Accountability:

Government department heads are held accountable for violations, with penalties equal to one month's basic salary if due diligence to prevent contraventions is not demonstrated.

In conclusion, the Water (Prevention and Control of Pollution) Amendment Bill, 2024, reflects a comprehensive effort to modernize regulations, streamline enforcement, and adapt to evolving environmental challenges, contributing to a more robust framework for water pollution prevention and control.