TSR Subramanian Committee on Environmental Laws, 2014

The High Level Committee headed by TSR Subramanian was constituted to review various acts administered by the Ministry of Environment, Forest, and Climate Change. It submitted its report on November 18, 2014.

• The Committee reviewed the following laws: (i) Indian Forests Act, 1927, (ii) Wild Life (Protection) Act, 1972 (iii) Water (Prevention and Control of Pollution) Act, 1974, (iv) Forest (Conservation) Act, 1980, (v) Air (Prevention and Control of Pollution) Act, 1981, and (vi) Environment (Protection) Act, 1986.

Important Recommendations of the Committee

• The Committee recommended single window clearance for environmental approvals through a National Environmental Management Authority (NEMA) for category ‘A’ projects, and through State Environmental Management Authorities (SEMAs) for category ‘B’ projects.
• The Central Board of Pollution Control and State Boards of Pollution Control should be subsumed by NEMA and SEMA(s), respectively.
• The Committee recommended enacting a new law, the Environmental Laws (Management) Act, to give statutory status to NEMA and SEMAs.
• A Board was proposed, headed by a retired judge of a High Court, should hear appeals against decisions of the government on recommendations of the NEMA or SEMA. The National Green Tribunal will have the power of judicial review over the Board.

Amendments Proposed to Specific Environment Laws

• Forest Legislation: Activity which threatens the environment should not be permitted in areas comprising ‘protected areas’, and forests with over 70% canopy.
• Key recommendations to alter the current procedure for granting forest clearances include:
  1. Geo-referenced maps of the Forest Survey of India should be used for faster verification of applications,
  2. A certificate under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 should not be required at the first stage of clearance, as is current practice, and
  • Gram Sabha approval under this Act should be done away with for linear projects (roads, pipes, etc.)
  • The Committee recommended increasing compensatory afforestation to two times for revenue land, and to three times in degraded forest areas.
  • Wild life legislation: Key recommendations relating to wildlife protection include:
  1. Schedule I of the Wildlife Act, 1972 needs to be updated to include species threatened by illegal trade,
  2. The preparation of wildlife management plans by state government should be made mandatory, and
  3. The Wildlife Act, 1972 should be amended to provide for faster prosecution of wildlife crimes.
  • Water and air legislation: The Committee recommended inducting relevant provisions of the Water (Prevention and Control of Pollution) Act, 1974, and Air (Prevention and Control of Pollution) Act, 1981 in the Environmental (Protection) Act, 1986, and repealing these two Acts.