Banner
Workflow
Navbar

What are the changes in the new Water Act?

What are the changes in the new Water Act?

  • The Lok Sabha recently approved the Water (Prevention and Control of Pollution) Amendment Act, 2024, which was earlier passed in the Rajya Sabha.
  • This amendment revises the Water (Prevention and Control of Pollution) Act, 1974, marking significant changes in India's approach to water pollution management.
  • The amended Act will currently apply to Himachal Pradesh, Rajasthan and Union territories.

Water (Prevention and Control of Pollution) Act, 1974

  • The Act, enacted in 1974, aimed to establish institutional mechanisms for addressing contamination of water bodies in India.
  • It led to the formation of the Central Pollution Control Boards (CPCB) and State Pollution Control Boards (SPCB) in September 1974.
    • To monitor and prevent contamination of water bodies by industrial effluents and sewage.
  • Industrial units were required to obtain permission from State boards before factory establishment, ensuring compliance with prescribed norms.

Amendments to the Act

  • It replaces imprisonment penalties for certain violations, deemed “minor”, with fines ranging from ₹10,000 to ₹15 lakh.
  • The Centre gains increased authority to override SPCB in some instances and exempt industrial plants from certain permissions, consulting with the CPCB.
    • As per the original Act, the SPCB’s permission is needed for establishing any industry or treatment plant, which could discharge sewage into a water body, sewer, or land.
  • Violations such as operating without SPCB consent still carry a penalty of up to six years of imprisonment along with fines.
  • It also penalises tampering with monitoring devices used in determining whether any industry or treatment plant can be set up.
  • The Centre is empowered to issue guidelines for the grant, refusal, or cancellation of consent granted by the SPCB.
  • The Centre can also establish rules for selecting SPCB chairpersons and provide guidelines for State boards on industry establishment procedures.

Response to Amendments

  • The Environment Minister defended the amendments stating that outdated regulations caused a "trust deficit" and harassment to businesses.
  • The Opposition members expressed concerns that the amendments weaken protections against industrial pollution of rivers and water bodies.
  • They argued that the fear of imprisonment acted as an effective deterrent to industrial units that were lax with complying with strict regulations.

Categories