Rule 5, and the Notifications It Carries

In one line

One sub-rule is the legal foundation of the coastal regulation zone, the environmental clearance regime and every eco-sensitive zone in India.

In the wording a student can write in an examination: rule 5 of the Environment (Protection) Rules 1986, made under section 3(2)(v) and section 25 of the Act, empowers the Central Government to prohibit or restrict the location of industries and the carrying on of processes and operations in different areas having regard to eight factors, and prescribes the procedure by which such a restriction is imposed, namely the publication of a notification of intention giving a brief description of the area and the reasons, a period of not less than sixty days for objections, consideration of the objections, and a final notification, with a power under sub-rule (4) to dispense with the notice of intention where the Central Government is of the opinion that it is in the public interest to do so.

Why one rule carries so much

Because section 3(2)(v) empowers the Central Government to restrict areas in which industries, operations or processes shall not be carried out or shall be carried out subject to safeguards, and rule 5 is the procedure for exercising that power.

Every instrument in Modules III and IV that defines an area and regulates what may be done in it was made this way. The Coastal Regulation Zone Notification 2019 recites section 3(1) and (2)(v). The Environmental Impact Assessment Notification 2006 recites section 3(1) and (2)(v) read with clause (d) of sub-rule (3) of rule 5. Every eco-sensitive zone notification is made under the same power.

The eight factors in rule 5(1)

The Central Government may prohibit or restrict the location of industries and the carrying on of processes and operations in different areas having regard to the following.

(i) Standards for quality of environment in its various aspects laid down for an area.

(ii) The maximum allowable limits of concentration of various environmental pollutants, including noise, for an area.

(iii) The likely emission or discharge of environmental pollutants from an industry, process or operation proposed to be prohibited or restricted.

(iv) The topographic and climatic features of an area.

(v) The biological diversity of the area which, in the opinion of the Central Government, needs to be preserved.

(vi) Environmentally compatible land use.

(vii) Net adverse environmental impact likely to be caused by an industry, process or operation proposed to be prohibited or restricted.

(viii) Proximity to a protected area under the Ancient Monuments and Archaeological Sites and Remains Act 1958, or a sanctuary, National Park, game reserve or closed area notified under the Wild Life (Protection) Act 1972, or places protected under any treaty, agreement or convention with any other country or countries or in pursuance of any decision made in any international conference, association or other body.