The Rule-Making Power Behind Every Waste Rule

In one line

Every waste rule in this module is made under sections 3, 6 and 25 of the Environment (Protection) Act, and sections 17 and 19 of that Act decide who answers for a breach.

In exam wording: the waste rules are notified by the Central Government in exercise of the powers conferred by section 3, which empowers it to take all such measures as it deems necessary, section 6, which empowers it to make rules on the matters referred to in section 3 including the handling of hazardous substances, and section 25, the general rule-making power; section 8 imposes the duty to handle hazardous substances in accordance with the prescribed procedure and safeguards; section 17 provides for offences by Government departments; and section 19 provides that no court shall take cognizance except on a complaint by the Central Government, an authority or officer authorised by it, an adjudicating officer, or a person who has given sixty days notice.

The chain, in the order it is recited

Open any set of waste rules and the preamble recites the same provisions. It is worth being able to say what each contributes.

Section 3(1). The Central Government shall have the power to take all such measures as it deems necessary or expedient for the purpose of protecting and improving the quality of the environment and preventing, controlling and abating environmental pollution. The general power, and the ceiling on everything below.

Section 3(2), and three of its fourteen heads matter here: (v) restriction of areas in which industries, operations or processes shall not be carried on or shall be carried on subject to safeguards; (vi) procedures and safeguards for the prevention of accidents and remedial measures; and (vii) procedures and safeguards for the handling of hazardous substances. Clause (vii) is the one the hazardous waste rules rest on directly.

Section 6. The Central Government may, by notification, make rules in respect of all or any of the matters referred to in section 3, and sub-section (2) names, among others, (c) the procedures and safeguards for the handling of hazardous substances and (d) the prohibitions and restrictions on the handling of hazardous substances in different areas.

Section 8. No person shall handle or cause to be handled any hazardous substance except in accordance with such procedure and after complying with such safeguards as may be prescribed. This is the duty the rules prescribe the content of, and a breach of the rules is therefore a breach of section 8.

Section 25. The general power to make rules for carrying out the purposes of the Act.

And rule 5 of the Environment (Protection) Rules 1986, on prohibitions and restrictions on the location of industries and the carrying on of processes and operations in different areas, which several sets of waste rules also recite.