What are the changes in the new Water Act?

What are the changes in the new Water Act?

Subject: Environment

Section: Biodiversity

Context:

• The Lok Sabha passed the Water (Prevention and Control of Pollution) Amendment Act, 2024 to replace the Water (Prevention and Control of Pollution) Act, of 1974.

What is the Water (Prevention and Control of Pollution) Act of 1974?

• The Water (Prevention and Control of Pollution) Act of 1974 was India’s first legislation aimed at addressing water contamination, establishing an institutional framework through the creation of the Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCB) in September 1974.
• These boards are tasked with monitoring and preventing the contamination of public water resources by sewage and industrial effluents.
• The Act requires industrial units to obtain permission from state boards before setting up factories and to comply with specific environmental norms.
• The CPCB’s role includes collecting and disseminating data on water pollution and setting technical standards, while the SPCB enforces compliance, with penalties for violations including factory shutdowns, monetary fines, and imprisonment of up to six years.
• However, there have been no recorded instances of imprisonment for environmental violations in India.

Amendments to the act:

• The amendments to the Water (Prevention and Control of Pollution) Act, 1974, reflect significant changes to enhance water management and pollution control in India.
• Since water is a state subject, the central government’s legislative power is limited unless requested by two or more states.
• The recent amendments, applicable to Himachal Pradesh, Rajasthan, and Union territories (while the original Act applies to 25 states), notably replace imprisonment for “minor” violations with fines ranging from ₹10,000 to ₹15 lakh.
• The amendments also increase the central government’s authority, allowing it to override State Pollution Control Boards (SPCBs) in specific scenarios.
• Unlike the original Act, which mandates SPCB consent for establishing any industry or treatment plant that could discharge sewage, the amendments permit the central government, in consultation with the Central Pollution Control Board (CPCB), to exempt certain categories of industrial plants from this requirement.
• However, operating or establishing an industrial unit without SPCB consent remains a serious offense, potentially resulting in six years of imprisonment and a fine.
• The amendments also empower the central government to issue guidelines regarding the grant, refusal, or cancellation of SPCB consents, maintaining the penalty for unauthorized industry operation and introducing fines for tampering with monitoring devices.
• Additionally, the central government gains the authority to frame rules for selecting SPCB chairpersons and issue guidelines for consent-related procedures by state boards.

Source: TH