15
(d) Quality Standards: These types of standard fixe the maximum permissible level
of pollution from an operation.
(e) Best Environmental Practice/Best Available Technology: This insists on adopting the best amongst the available technologies to produce a product.
1.4.1.9 Restrictions and Prohibitions
Restrictions and prohibitions can be done by enactments, rules, notifications, directions, policy or court judgements. Such restrictions can be for materials, activities
or area.
Many substances have been banned across the world for environmental concerns
which include crackers, single-use plastics, certain pesticides, surfactants, asbestos
products, leaded paints and others.
Examples of restriction of activity include the following:
1. Solid waste treatment and disposal facility around airports
2. Restriction of industries and fuel-driven vehicles around Taj Mahal, India
3. Restriction of usage of horns around hospitals
Examples of prohibition include the following:
• Export/import of e-waste, plastic waste, hazardous waste, etc.
• Prohibition of hunting
• Prohibition of fishing during breeding season
• Dumping of waste into water bodies
1.4.2 Institution Arrangement and Enforcement Mechanism
Intuitional arrangements for enforcement of environmental law vary from country
to country. It mainly comprises the following wings.
1. Legislative, for forming legislation
2. Executive, for enforcing legislation
3. Judiciary, for dispute resolving
The executive arrangement can have a national-level authority with network of
regional offices or array of institutions with varying authority and administrative
jurisdictions.
Enforcement of domestic environmental law follows the principle of natural justice wherein violator is heard before taking action by enforcing institutions.
Principle of natural justice has two principles:
Nemo judex in causa sua: No man shall be a judge in his own cause.
Audi Alteram Partem: To hear the other side.
Hence, violators are often issued notices and called for hearing under the principle of natural justice. But there are exceptions to the principle of natural justice:
1.4 National and Local Legislation
(d) Quality Standards: These types of standard fixe the maximum permissible level
of pollution from an operation.
(e) Best Environmental Practice/Best Available Technology: This insists on adopting the best amongst the available technologies to produce a product.
1.4.1.9 Restrictions and Prohibitions
Restrictions and prohibitions can be done by enactments, rules, notifications, directions, policy or court judgements. Such restrictions can be for materials, activities
or area.
Many substances have been banned across the world for environmental concerns
which include crackers, single-use plastics, certain pesticides, surfactants, asbestos
products, leaded paints and others.
Examples of restriction of activity include the following:
1. Solid waste treatment and disposal facility around airports
2. Restriction of industries and fuel-driven vehicles around Taj Mahal, India
3. Restriction of usage of horns around hospitals
Examples of prohibition include the following:
• Export/import of e-waste, plastic waste, hazardous waste, etc.
• Prohibition of hunting
• Prohibition of fishing during breeding season
• Dumping of waste into water bodies
1.4.2 Institution Arrangement and Enforcement Mechanism
Intuitional arrangements for enforcement of environmental law vary from country
to country. It mainly comprises the following wings.
1. Legislative, for forming legislation
2. Executive, for enforcing legislation
3. Judiciary, for dispute resolving
The executive arrangement can have a national-level authority with network of
regional offices or array of institutions with varying authority and administrative
jurisdictions.
Enforcement of domestic environmental law follows the principle of natural justice wherein violator is heard before taking action by enforcing institutions.
Principle of natural justice has two principles:
Nemo judex in causa sua: No man shall be a judge in his own cause.
Audi Alteram Partem: To hear the other side.
Hence, violators are often issued notices and called for hearing under the principle of natural justice. But there are exceptions to the principle of natural justice:
1.4 National and Local Legislation