Green Files Vol.23 Dated 30-9-2017

Volume- 23

Green Files SEPTEMBER 2017

INTERNATIONAL CENTRE FOR ENVIRONMENT AUDIT AND SUSTAINABLE DEVELOPMENT JAIPUR

Green Files Vol.23 Dated 30-9-2017

GREEN FILES

Newsletter on Environment Audit and Sustainable Development issues International Centre for Environment Audit and Sustainable

Development (iCED)

EDITORIAL

Green Files, a quarterly newsletter published by iCED highlights contemporary environmental issues, environmental laws, status of environment in Indian provinces, national – international events about environment and sustainable development, comments on national – international environmental audits, etc. iCED organized five National Training Programmes during the quarter July-September 2017. One of them was on Audit of Preparedness for implementation of SDGs based on effective convergence of various schemes related to SDGs and coordination across various departments. It touched upon linking SDGs into national plans and policies. A Bilateral Training Program on ‘Audit of construction activities’ for Supreme Audit Institution, Afghanistan was also conducted. iCED also conducted introductory training in “Environment Auditing “ for the Officers Trainee of the 2016 batch of Indian Audit and Accounts Service. This issue of Greenfiles focuses issues involved in audit of Bio-medical and solid waste management. It also carries impressions of an officer trainee on learning at iCED. I hope readers find these of interest and use. We at iCED, also look forward to your suggestions to make Green Files more useful and appealing. Contributions in any form within the broad scope of the newsletter are encouraged. These can be mailed to [email protected]

With regards,

Sunil Dadhe Director General, iCED

1

Green Files Vol.23 Dated 30-9-2017

Contents Editorial 1 Contents I. iCED News Vijendra Tanwar 3

II. INTOSAI News- INTOSAI WEGA or ASOSAI WGEA Pankaj Saini 4

III. Environmental News Pankaj Saini 5

IV. State in Focus :- Haryana Virendra Jakhar 8

V. First Asia-Pacific Ministerial Summit on the Environment Manoj Kumar 13 towards a Resource-efficient and pollution-free Asia- Pacific

VI. Case Law in India – Fine of Rs 100 Crore on Delta Manoj Kumar 16 Shipping Marine Services imposed by NGT

VII. Bio-Medical Waste management Rules 2016 – Critical Sandeep Pawar 19 Discussion

VIII. Performance Audit on “ Solid waste and Sewage Sandeep Pawar 22 management” in Maharashtra (Report No. 04 of 2017) XI. Audit of Common Fisheries Policy (CFP) of European S. Prabhakar Rao 27 Union by European Court of Auditors held in 2016

X. Experience with iCED Vishnu H Prasad, 32 IA&AS OT 2016 Batch, NAAA, Shimla

2

Green Files Vol.23 Dated 30-9-2017

I. iCED News Apart from departmental faculty within and outside iCED Ms. Divya Dutt, Associate

Director, TERI; Dr. N. R. Bhanumurty, The 2030 Agenda For Sustainable Professor, NIPFP; Dr. Pratap Ranjan Jena, Development comprising of 17 Sustainable Associate Professor, NIPFP delivered various Development Goals (SDGs) and 169 targets sessions during the training programme. jointly adopted by United Nations Members A six day Training programme on Introduction States in September 2015, provides an to Environment Audit for IAAS Officer ambitious and long-term agenda on a broad Trainees (2016 Batch) was also organized from range of vital issues. The Agenda noted that 04th to 09th September, 2017. Training “Our Governments have the primary programme aimed at capacity building of responsibility for follow-up and review, at the probationers on issues relating to environment national, regional and global levels, in relation which includes conservation of biodiversity, to the progress made in implementing the goals water issues, waste management, aspects of and targets over the coming fifteen years.” sustainable development, climate change etc. SAIs can, through their audits and consistent There were 23 participants including 02 with their mandates and priorities, make officers from RAA, Bhutan attended the valuable contributions to national efforts to training programme. Dr. Rajendra Singh the track progress, monitor implementation and identify improvement opportunities across the full set of the SDGs. INTOSAI has decided to include SDGs quite centrally in its strategic plan 2017-2022 as a cross cutting theme. 28th Accountants General Conference held in 2016 also recognized the need for capacity building of officers in IA&AD to audit SDGs. In this backdrop, iCED for the first time organized a National Training Programme on Audit of Sustainable Development Goals (SDGs) from IA&AS Officer Trainees (2016 Batch) with Director 16th to 19th August, 2017. Training programme General, iCED and Shri Rajendra Singh, Tarun Bharat Sangh recipient of “Stockholm Water Prize - the Nobel Prize for water (2015)” and “Ramon Magsaysay Award for community leadership (2001)” delivered a session as esteemed guest faculty. Apart from Shri Rajendra Singh, Ms. Shalini Bhutani, Independent Researcher; Shri Anshuman, Associate Director, TERI; Shri Raj Ganesh Viswanathan, PAG (G&SSA), Participants with Director General, iCED Rajasthan; Shri C B Ramkumar, Founder, Green Dreams, Bengaluru; Dr. Sanjay Mathur, was attended by 26 participants including 6 MNIT, Jaipur and Dr. T. V. Ramchandra,CES, IAAS officers from different field offices. IISc, Bengaluru shared their knowledge and

Green Files Vol.23 Dated 30-9-2017

experience in various fields of environment Reserve Pool from 02nd to 04th August, with participants. A 12 day Bilateral Training 2017; Programme on Audit of Construction Activities iii. 5 day UN Audit UMOJA and IT Training for officers from SAI, Afghanistan was programme for UNPKO Audit Team/ conducted from 18th to 29th September, 2017. Reserve Pool/ Core Group from 07th to 11th This is the 3rd Bilateral Training Programme August, 2017; conducted at iCED for officers from SAI, iv. 5 day UN Audit IT Training programme for Afghanistan. There were 16 officers from SAI, UNOPS/ UNICEF Audit teams from 18th Afghanistan who attended this training September to 22nd September, 2017; programme. Training aimed at imparting v. 5 day UN Audit IT Training programme inputs to participants on various aspects of for WIPO Audit teams from 25th September construction activity and its audit Study tour to to 29th September, 2017. Delhi Metro was also included in the training iCED also conducted following National programme to provide a practical exposure to Training Programmes (NTPs) during the the participants. quarter July – September, 2017: iCED alongwith International Relations wing at i. NTP on Audit of Water issues from 3rd July the office of C&AG of India conducted a to 7th July 2017; number of General and IT Training ii. NTP on Audit of Environmental Regulatory Programmes for officers selected to conduct Authorities and Bodies in the States 10th UN audit. Ms. Laticia Wrizar and Mr. Harris July to 14th July 2017; and iii. NTP on Audit of Industrial Pollution, Energy and Transport Issues from 28th August to 01st September 2017.

 Vijendra Tanwar

II. INTOSAI WEGA 15th Steering Committee Meeting

Officers from SAI, Afghanistan with Director General, INTOSAI Working Group on iCED Environmental Auditing (INTOSAI WGEA) from UN Headquarters provided training to organized the 15th Steering Committee participants on UMOJA. Following UN Audit meeting at Washington, D.C on September 11- Training programmes were conducted at iCED 15,2017 which was hosted by Government during July – September, 2017: Accountability Office (GAO) of USA. 17 out of 78 member countries of i. 5 day UN Audit UMOJA and IT Training INTOSAI WEGA are presently members of the programme for Volume I Audit Teams/ Steering Committee including SAI India. UNJSPF/ Anti-Fraud Framework from 31st Steering Committee of INTOSAI WGEA is the July to 04th August, 2017; Management committee of the WGEA, ii. 3 day UN Audit General Training providing operational support and strategic programme for UNPKO Audit Team/ direction. SAI Indonesia is the current chair of

4

Green Files Vol.23 Dated 30-9-2017

INTOSAI WGEA. Key responsibilities of this b) MERIT app and e-Bidding portal for committee are as mentioned below: utilization of domestic coal in IPP Power 1. Considers and recommends work plan Stations for reducing the cost of power generation launched :- The Government of 2. Approves overall project management India has launched the ‘MERIT app (Merit system developed by Chair Order Despatch of Electricity for 3. Reviews, advises on and approves project- Rejuvenation of Income and Transparency - specific work plans, progress reports and http://meritindia.in/)’ and the e-bidding project drafts 3 Roles and Responsibilities of portal for providing e-Bidding solution to the INTOSAI WGEA Working Bodies states to select Independent Power Producers (IPPs) for procurement of power by 4. Provides strategic advice to Chair on transferring their domestic coal under the initiatives related to long-term vision, scheme of flexibility in utilization of relationship building, support to RWGEAs, etc. domestic coal. Shri Sunil Dadhe, Director General, iCED The app and the web portal is expected to represented SAI India in the 15th SC meeting result in optimum utilization of Coal which concluded at Washington DC. would save the consumer close to Rs. 20,000 crores in five years.  Pankaj Saini c) Climate change impact: Sunderbans III. Environmental News steadily losing its famed mangroves :- The School of Oceanographic Studies, Jadavpur University has released a study titled

a) National Centre for Sustainable Coastal Mangrove Forest Cover Changes in Indian Management dedicated to the Nation: - The Sundarban (1986-2012) Using Remote National Centre for Sustainable Coastal Sensing and GIS according to which total Management (NCSCM) was dedicated forest cover of the Indian Sunderbans as recently to the nation at Chennai. The new assessed by remote sensing studies for the building of the Centre and research year 1986 was about 2,246.839 sq. km., infrastructure at Anna University campus in which gradually declined by 2,201.41 sq. km. Chennai was also inaugurated. The research in 1996, then down to 2168.914 sq km in undertaken by NCSCM is expected to be used 2001 and to 2122.421 sq km in 2012. The loss directly for arriving at policy decisions and in the mangrove forest in the Indian for capacity building of coastal communities Sunderbans is about 5.5 %. and other stakeholders. d) New underground water treatment Six research divisions have been established plant commissioned at Sadhutilla in at NCSCM that will combine geospatial Tripura :- In Tripura, a new underground sciences with cutting-edge research on water treatment plant has been commissioned conservation, pollution, climate change and at Sadhutilla in the southern part of Agartala community interface – both in mainland and under the aegis of the state Urban islands of the country. Development department. Officials said the plant has fulfilled long cherished aspiration

5

Green Files Vol.23 Dated 30-9-2017

of people looking for drinking water free f) Plastic converted In to Petrol: - CSIR- from iron and other contamination. Indian Institute of Chemical Technology (IICT), Hyderabad has developed a catalyst The plant has started functioning with supply that can be used for conversion of waste of quality treated water initially to 565 plastics to fuel oils. CSIR-Indian Institute of households through pipe line. It has treatment Petroleum (IIP), Dehradun in collaboration capacity of 4.8 million litre per day and will with GAIL (India) Ltd. has developed a supply potable water to 2500 connections at process by which waste polyethylene and households, schools, markets and institutions polypropylene type plastics can be converted of 13 hamlets. into petrol and diesel. One kilogram of waste According to the state Urban Development polyethylene and polypropylene can be department, the built up cost of this water converted to either about 600-650 ml of treatment plant was around Rs. 5. It has been petrol or 700-750 ml of diesel along with funded jointly by the Asian Development LPG. The process has been developed at the Bank with 70% share of assistance and the bench scale. Union Government with 30 % share of There are certain plants operating in foreign assistance. countries which claim to convert waste plastics into plastic oil / fuel oil / diesel. e) National Centre for Seismology launches ‘India Quake’: An App for g) “JIGYASA” - Student-Scientist connect Earthquake Parameter Dissemination: - On programme launched: - Council of the occasion of Foundation Day of Ministry Scientific and Industrial Research (CSIR), of Earth Sciencesan app “India Quake” has has joined hands with Kendriya Vidyalaya been launched. Sangathan (KVS) to implement Jigyasa, a National Centre for Seismology (NCS) student- scientist connect programme. The operates national seismological network with focus is on connecting school students and 84 stations. These stations are connected to scientists so as to extend student’s classroom NCS headquarter through VSAT for real time learning with that of a very well planned data communication. In the event of an research laboratory based learning. earthquake NCS locates them using data from The Programme is expected to connect 1151 its network and disseminate earthquake Kendriya Vidyalayas with 38 National parameters to all the concerned government Laboratories of CSIR targeting 100,000 department and other stakeholders through students and nearly 1000 teachers annually. SMS, email and fax. However this causes The program will also enable the students and some delay in dissemination and also restricts teachers to practically live the theoretical the number of recipients. concepts taught in science by visiting CSIR To overcome this, a Mobile App has been laboratories and by participating in mini- developed by the NCS for automatic science projects. dissemination of earthquake parameter (location, time and magnitude) after the h) Indo-Canadian Science Programme on occurrence of earthquakes. The App will clean water technology: - The Department make information dissemination faster with of Biotechnology and Department of Science no restrictions on the number of recipients. and Technology, Ministry of Science and Technology are collaborating with Canada

6

Green Files Vol.23 Dated 30-9-2017

through the India-Canada Centre for policy was christened as Scheme for Innovation Multi-disciplinary Partnerships to Harnessing and Allocating Koyala (Coal) Accelerate Community Transformation and Transparently in India (SHAKTI). The policy Sustainability (IC-IMPACTS), on was an important initiative in alleviating one programme focusing on Clean Water key challenge in power sector, viz. lack of technology. Under the programme five coal linkage and is expected to positively projects are being implemented with Indian contribute in resolution of a number of commitment of Rs. 572.00 lakh and Canadian stressed assets. As a part of this policy, commitment of Rs. 750.00 lakh. CIL/SCCL is to grant coal linkages on Results / technologies likely to be achieved notified price on auction basis for from the projects and subsequently adopted Independent Power Producers (IPPs) having for ensuring the supply of clean drinking already concluded domestic coal based water and efficient water management are Power Purchase Agreement (PPAs). This was # Bio-sensors for detection of toxins expected to result in a win-win situation of # Heavy metal detection and removal IPPs having a long term supply security of # Bio-recovery from waste water (waste to coal from a source of their choice while wealth) consumers will benefit from a lower tariff. # Survey to identify and explore alternatives Out of 14 Eligible Bidders, 10 participated in in domestic water management the auction representing a cumulative capacity of approx 9044 MW and booked i) Ministry of Agriculture & Farmers from 8 available sources a cumulative Welfare releases Rs.16094.13 crore out of quantity of ~27.18 million Tonnes Per Rs. 62125.02 crore of total budget of Annum (TPA) with tariff discounts going up Agriculture sector for the year 2017-18 in to 4 paise / unit. This is expected to result in the first quarter of 2017-18 :- Ministry of an annual generation of over 47 billion units Agriculture and Farmers Welfare is striving per annum from the linkage coal and a for holistic development of Indian savings in tariff of approx 125cr / annum for Agriculture and its backbone - farmers. To period up to 25 years. achieve the goal of doubling of farmers’ income by 2022, the Ministry’s budget of Rs. k) Swachh Bharat launches Swachh 62125.02 crore during 2017-18 has increased Survekshan Gramin 2017 :- As the Swachh by about 39% as against Rs. 44721.84 crore Bharat Mission approaches the third during 2016-17. anniversary of its launch a third party verification survey report to take stock of the j) As a follow up to the new policy called progress already made by the Mission in rural Scheme for Harnessing and Allocating India has been launched. The Quality Council Koyala (Coal) Transparently in India of India (QCI) has conducted a third-party (SHAKTI), Coal India Limited (CIL) assessment of the present status of rural conducts the auction for Independent sanitation in all States and UTs, called Power Producers (IPPs) :- On May 17, Swachh Survekshan Gramin 2017. 2017, Cabinet Committee on Economic Under the Swachh Survekshan Gramin 2017, Affairs (CCEA) approved a new policy for QCI surveyed 1.4 lakh rural households allocation of future coal linkages in a across 4626 villages, and found the overall transparent manner for power sector. This toilet coverage to be 62.45%. At the time of

7

Green Files Vol.23 Dated 30-9-2017

the survey, i.e. May-June 2017, the Swachh semi-arid region and Hot sub-humid region. Bharat Mission (Gramin) MIS reported the The mean rainfall (mm) in hot arid region coverage to be 63.73%. The survey also ranges from 300 -500, whereas 500- 750 mm in observed that 91.29% of the people having hot semi-arid region and 750- 1050 in hot sub- access to a toilet, use it. The MDWS will also humid region of Haryana. The mean begin ranking all districts in India based on temperature ranges from 270C, 260 C, and 240C the data available on the SBM-G IMIS respectively. As per Census 2011, Haryana has quarterly. The ranking will be done based on population of 2.53 crore. The total population parameters of Performance, Sustainability growth in this decade was 19.9 percent. and Transparency, and the first ranking will Average population density is 573 person per be announced on 2nd October, 2017 for the sq km. quarter July-September 2017. To instil healthy competition amongst districts, they Source:http://www.haryana.gov.in/knowharya will also be given awards based on this na/history.html; ranking on a quarterly basis. The formula for http://www.moef.nic.in/downloads/public- calculating these rankings will be: information/NWIA_Haryana_Atlas.pdf Total score (100) = Performance (50) + (1) Environment Scenario Sustainability (25) + Transparency (25) (a) Forests

Haryana is primarily an agricultural state  Pankaj Saini with almost 80 percent of its land under IV. State in Focus: Haryana cultivation. The geographical area of the state is 44212 sq. km which is 1.3% of India’s total

geographical area. It is not bestowed with The state of Haryana represents a bounty of natural forests. As per India State of variety of landscapes varying from hills in the Forest Report, FSI, 2015, total recorded forest northern region to almost flat alluvial plains in area in the state is 1559 sq. km., of which 249 the central parts, and sand dunes in the southern sq. km. is reserved forest and 1158 sq. km. is regions. The state has mainly 4 physiographic protected forest and unclassed forest area is 152 regions namely, i) Siwalik Hills: ii) Alluvial sq. km, thus constituting 3.53% of the Plains: iii) Aravalli Hills, and iv) Aeolian geographical area of the state and 2.83% of plains. The entire state is drained by the India’s forest area. tributaries mainly the Markanda, the Saraswati, Forestry activities in the state are dispersed The Chautoung, and the Tangri apart from over rugged Shiwalik Hills in north, Aravalli other seasonal streams. The Sahibi, the Dohan hills in south, sand dunes in west and and the Krishnavati originating from Aravalli wastelands, saline-alkaline lands and ridges are flowing from south to north. waterlogged sites in the central part of the state. The climate of the state is sub-tropical, Blocks of Reserve Forest areas are mainly semi-arid to sub-humid, continental and confined to the Shivalik ranges in Panchkula monsoonal. The average annual rainfall of the and Yamunanagar districts. Small blocks of state is about 650 mm which varies from less Reserved Forests are found at a number of than 300 in south western parts to over 1000 places in the districts of Yamunanagar, Kaithal, mm in the hilly tracts of Siwalik. The state has Ambala, Jind and Hisar. Majority of forests in 3 main climatic regions- Hot Arid region, Hot

8

Green Files Vol.23 Dated 30-9-2017

the state belong to Sub-tropical dry deciduous Biodiversity category whereas sub-tropical thorny forests State has 2 National Parks, 8 Wildlife are found only in the Aravalli hills in the Sanctuaries, 2 Wildlife Conservation Areas, 5 southern parts of the state. Pine forests are Animal and Bird Breeding Centers, 1 Deer Park located at higher reaches in the Protected and 3 Zoos. The species of fauna found in the Forests of Morni Hills in Panchkula district, state of Haryana include Back buck, Nilgai, whereas Sal Forests dominate the Reserve Panther, Fox, Mongoose, Jackal and Wild dog. Forests in the Shiwaliks of Yamunanagar More than 450 species of birds are found here. district. Fauna in Sultanpur National Park Apart To promote sustainable development of forest from the vegetation and birds, the sanctuary is resources in the State, Haryana Government also home to a number of common animals like framed its own Forest Policy in 2006. The Striped Hyena, Leopard, Nilgai, Sambar, policy has fixed the goal of achieving 20% Blackbuck, Hog Deer, Four Horned Antelope, Forest and Tree Cover in the state in a phased Caracal, Wild Dog, Rattle/Honey Badger, manner. This goal can be achieved by adopting Mongoose, Hedgehog, Wild Pig, Wild Cat, Agroforestry practices. Till the year 2012- Indian Porcupine, etc. 2013, the Forest Department has been distributing about 2.5 crore seedlings to the The Sultanpur National Park is home to about farmers free of cost. Agroforestry plantations 250, out of a total 450 species of birds, found in raised by the Forest Department are rated as Haryana. Apart from the resident birds it also one of the best in the country. Great emphasis witnesses more than a 100 migratory bird has been given to Agro-forestry and Farm- species, every year. These birds come to the forestry. As a result, Tree Cover of the State has sanctuary in search of feeding grounds and to increased considerably over the years. In fact, pass the winter. Some of the birds are residents Tree Cover outside recorded forest area is of this sanctuary, while the others come from almost equivalent to Forest area of the State. distant regions like Siberia, Europe and While recorded forest area of the state is just Afghanistan. 3.90% of its geographical area, total Forest and Resident Birds: Common Hoopoe, Common Tree cover of the State as per State of Forests Spoonbill, Common Mynah, Bank Mynah, Report, 2011, published by Forest Survey of Spot Bill, Grey Francolin, Black Francolin, India has become 6.80%. Poplar tree Painted Stork, Black-necked Stork, Paddy Field plantations dominate the Tree Cover in Pipit, Rose-Ringed Parakeet, Black-headed agricultural fields of Panchkula, Ambala and ibis, White Ibis, Little Egret, Great Egret, Cattle Yamunanagar districts. Eucalyptus, Shisham, Egret, Purple Sunbird, Indian Cormorant, Kikar, Jal and Jand tree plantations in White-throated Kingfisher, Red-vented Bulbul, Agricultural fields of central and south Haryana Shikra, Red-wattled Lapwing, Laughing Dove, also account for a major portion of Forest and Red-collared Dove, Eurasian Collared Dove, Tree Cover in the State. Little Cormorant, Indian Roller, Crested Lark, Source: Magpie Robin, Greater Coucal, Weaver Bird, http://haryanaforest.gov.in/HomeContent1.asp Green Bee-eater, Spotted Owlet, Rock Pigeon, x and ISFR 2015 report etc. Migratory Birds: Migratory birds coming to this national park in winter are Siberian Crane,

9

Green Files Vol.23 Dated 30-9-2017

Spotted Sandpiper, Wood Sandpiper, Spot- and pre-monsoon respectively. High turbidity billed Pelican, Rosy Pelican, White Wagtail, (3968 ha) is observed during post-monsoon Yellow Wagtail, Greater Flamingo, Black- season. Lakes and ponds showed low turbidity winged Stilt, Ruff, Common Greenshank, in general whereas tanks / ponds located around Common Teal, Northern Pintail, Northern thermal plants and industrial area showed high Shoveler, Gadwall, Eurasian Wigeon, Starling, turbidity. Blue-throat & Long-tailed Pipit, Spotted Redshank, Black-tailed Godwit, etc. About 11 Source:http://www.moef.nic.in/downloads/pu species of migratory birds also visit this park blic-information/NWIA_Haryana_Atlas.pdf during summer. (d) Waste management Some of them are Asian Koel, Comb Duck, The Government of India, Ministry of Blue-cheeked Bee-eater, Blue-tailed Bee-eater, Environment, Forests and Climate Change had Cuckoos, Black-crowned Night Heron, Grey framed Solid Waste Management Rules, 2000 Heron, Eurasian Golden Oriole, etc. which have been amended in 2016 making it mandatory for all the municipal authorities in Source: the country and those responsible for managing http://haryanaforest.gov.in/protect.aspx the municipal solid waste in the country to implement the Rules. However, due to the (b) Wetlands limited resources, the treatment and disposal of solid wastes in an effective and appropriate Area estimates of various wetland categories manner is grossly inadequate. for Haryana have been carried out using GIS layers of wetland boundary, water-spread, Performance Audit on “Waste Management” aquatic vegetation and turbidity. Total 1441 conducted by C&AG of India in 2006-07 wetlands have been mapped at 1:50,000 scale brought out Haryana State Pollution Control in the state. In addition, 10529 wetlands Board’s failure in assessing the updated (smaller than 2.25 ha) have also been identified. quantity of waste being generated in the State, Total wetland area estimated is 42478 ha that is non-projection of growth of waste based on around 0.86 per cent of the geographic area. growth of population, consumption pattern and The major wetland types are River / Stream industrial growth, absence of strategy to accounting for 40.08 per cent of the wetlands prevent or to reduce generation of waste, etc. (17025 ha), Tank / Ponds (7573 ha), Only 24 per cent of the hazardous waste waterlogged (3339 ha) and Reservoirs / generation units, 40 per cent of bio-medical Barrage (1775 ha). Analysis of wetland status wastes facilities and none of the municipal solid in terms of open water and aquatic vegetation waste operators had obtained authorization for showed that around 14216 ha and 2245 ha the disposal of wastes from the State Pollution respectively. Lotic wetlands include rivers and Control Board. Large quantities of hazardous major streams and contribute an area of 17025 waste was being piled up in pits, bio-medical ha. Open water in post-monsoon season is very waste was not being segregated, stored and less (3121 ha). Presence of aquatic vegetation disposed off by health institutions as per is more during post monsoon season and it is prescribed Rules. Municipal solid waste, mainly due to dispersion of floating vegetation sewage and treated effluent were being by wind and water current. Aquatic vegetation disposed of on the banks of a Nallah, in drains occupies an area of 2245 and 1497 during post- and in the open causing pollution. The Board

10

Green Files Vol.23 Dated 30-9-2017

had not taken effective steps against the 31.03.2016, there were 1176 ground water defaulting individuals /organisations and there observation wells which include 517 dug wells was little deterrence against violations. and 659 piezometers for monitoring phreatic aquifers including 45 deep piezometers for Highlights of the report: monitoring confined / semi- confined aquifers.  The Environment Department and the State These observation wells are being monitored Pollution Control Board had neither four times a year in the months of May, August, assessed the latest figure of waste being November and January. generated nor projected the growth of waste based on growth of population, Nearly all types of waters are available in each consumption patterns and industrial district of the State. In ground waters, where growth. Further, no strategy existed to salinity is high; mostly Na is the dominant prevent or to reduce the generation of cation and Cl or Cl + SO4+NO3 (Mixed anion) waste. are dominant. Permanent hardness is observed at few locations in Hissar, Jhajjar and Bhiwani  Out of 106 operators of municipal solid district depicted by dominance of Ca-Cl. waste, none had qualified for authorisation under Municipal Solid Waste (Management Based on BIS recommendations, ground water and Handling) Rules 2000. occurring in the northern and north-eastern areas of the State is suitable for drinking. Solid waste of many cities was being disposed However, ground water at several places in the of in the open at unauthorized places. Again in southern and western parts of the State is not the Audit Report (2 of 2014) it was observed suitable for drinking either due to one or more that 9 Municipal Councils had not complied constituent exceeding the maximum with the provisions of the MSWMH Rules, permissible limits. Ground water occurring in 2000 even after 13 years of their promulgation. the districts of Ambala, Jind, Kaithal, Karnal, The problem of waste in the growing city of Kurukshetra, Palwal,Panipat, Panchkula, Gurugram was also highlighted in the Audit Rohtak, Sonepat and Yamunanagar are mostly Report (4 of 2013). The state government has suitable for drinking as more than 50% water recently declared that it would set up 15 samples are having all the quality parameters integrated solid waste management clusters to within the permissible limits. In the districts of deal with solid waste in urban areas. Out of Faridabad, Gurgaon, Hissar, Mahendergarh, these, electricity would be generated from solid and Rewari, 30-50% water samples are having waste in three clusters, and manure from the potable quality as per BIS 2012 standards. remaining 12 clusters. Ground water is mostly unsuitable for drinking Source: due to one or more constituents exceeding the maximum permissible limits Bhiwani, http://iced.cag.gov.in/wp- Fatehabad, Jhajjar, Mewat and Sirsa as these content/uploads/2014/02/8.-PA-on-Waste- districts have less than 30% ground waters Management-in-Haryana.pdf having chemical parameters within the (e) Ground Water: permissible limits. Central Ground Water Board, North Western The ground waters in the districts of Ambala, Region, Chandigarh has established Ground Fatehabad, Kaithal, Karnal, Kurukshetra, Water Observation Wells (GWOW) in Haryana Panchkula, Panipat, Rohtak and Yamunanagar State for monitoring the water levels. As on

11

Green Files Vol.23 Dated 30-9-2017

are mostly of C1, C2, C3 salinity and S1- S2 Suspended Particulate Matters (RSPM), sodicity classes. Such waters can be used for Suspended Particulate Matters (SPM), Sulphur irrigation on soils with good permeability for Dioxide (SO2) and Nitrogen Dioxide (NO2) growing salt tolerant or semi salt tolerant crops. are measured for 24 hours twice a week. Ground waters from southern and western part Monthly data is furnished regularly to Central of Haryana comprising of districts of Bhiwani, Pollution Control Board. Faridabad, Gurgaon, Hissar, Jhajjar, Jind, The major sources of Suspended Particulate Mahendergarh, Mewat, Rewari, Sirsa, and Matter (SPM) pollutants in the ambient air in Sonepat fall under C4S1, C4S2, C3S3, C3S3, the state are vehicular emission, road dust, C4S2, C4S3 and C4S4 classes. Use of such garbage and waste burning, construction dust waters for irrigation under normal conditions etc which contribute about 70 percent of total may lead to both high to very high salinity as air pollution and the rest is contributed by well as sodium hazards. industrial air emissions. Faridabad and Shallow ground water occurring in southern Gurgaon have high concentration of PM2.5 - and western parts is not suitable for drinking as particulate matters less than 2.5 microns - form well as for customary irrigation. The reason for of air pollution, which is considered the most unsuitability for drinking uses is high serious. Faridabad, Gurgaon, Sonepat, Panipat, concentrations of either salinity or nitrate or Panchkula, Yamunanagar have high fluoride. The reason for rejection for irrigation concentration of PM10 —particulate matters of use is high salinity coupled with high SAR and the size of 10 micrograms — form of pollution RSC more than 2.5 meq/l. However, these in cities. The permissible limit of PM 10 waters can be used for irrigation in conjunction exceeds in all these cities except Gurgaon. with surface water. Source: Source: http://www.hspcb.gov.in/13_14E.pdf, http://www.cgwb.gov.in/Regions/GW-year- Books/GWYB-2015- http://www.dailypioneer.com/state- 16/GWYB%20NWR%20%20Haryana%2020 editions/chandigarh/pollution-levels-of-pm10- 15-16.pdf up-in-major-cities-of-haryana.html (h) Air Pollution (2) Laws and Polices Central Pollution Control Board initiated The Haryana State Pollution Control Board (the National Ambient Air Quality Monitoring Board), constituted in September 1974, was (NAAQM) programme in the year 1984. entrusted with the responsibility of Haryana State Pollution Control Board (SPCB) implementation of the provisions of the Act and has a regular Ambient Air and Water Quality Rules. Monitoring Programme to assess the status of (3) Environment Sustainability Index pollution in the natural environment. These (ESI) 2011 monitoring programme are funded by the  ESI is constructed as a composite index Central Pollution Control Board. from 41 key environmental indicators The Board has installed four Continuous selected using the Driving Force-Pressure- Ambient Air Quality Monitoring Stations at State-Impact-Response (DPSIR) Faridabad, Gurgaon, Rohtak and Panchkula. At framework. These indicators capture the present four parameters i.e. Respirable driving forces that extract from and pollute

12

Green Files Vol.23 Dated 30-9-2017

the environment (Driving Force); depletion organized by UN Environment. The Senior and pollution (Pressure); present condition Officials Meeting of MCED7 took place on of the environment (State), impact on the Tuesday. ecosystem and human health (Impact) and The Ministerial Conference on policy and societal efforts to reduce impacts Environment and Development in Asia and the and protect the environment (Response) Pacific (MCED) has been held every five years since 1985. This gathering of ministers of  ESI is designed to compare Indian States environment and of development has been an with their peers and does not indicate an agenda-setting forum to assess the state of absolute level of achievement. Although sustainable development, identify regional there are no clear normative benchmarks or perspectives and priorities and decide thresholds for ‘good’ performance on many concerted actions in response to imperatives of the indicators, the sources on each posed by global and regional environment indicator can be ordered from ‘better’ to challenges. ‘worse’. The overall ESI score provide a Discussions during the Summit quick snapshot of State performance; the underlined that Asia-Pacific region’s rapid sub-indices are far more indicative and far economic growth has come at the cost of more informative, highlighting areas for resource depletion and environmental State intervention. degradation. There were calls to address the  Based on the aggregate ESI, states are threats facing our region from climate change, categorized into five groups where Haryana and the pollution of our air, fresh water and falls in the group with 0-20 percentiles. oceans. This means State faces maximum challenge Wijarn Simachaya, Permanent Secretary, in maintaining their environment in the Ministry of Natural Resources and coming years. Environment, Thailand,, highlighted the importance of the conference as a platform to provide regional commitment and concrete  Virendra Jakhar recommendations for implementing the 2030

Agenda on Sustainable Development. V. First Asia-Pacific Ministerial Summit Shamshad Akhtar, Executive Secretary, on the Environment towards a UN Economic and Social Commission for Asia Resource-efficient and pollution-free and the Pacific (ESCAP), noted resource Asia-Pacific efficiency challenges for the region, observing that 32% of the world’s GDP is produced in the The First Asia-Pacific Ministerial Asia-Pacific region, whereas 60% of the Summit opened at the UN Conference Centre world’s resources is consumed here. She in Bangkok, Thailand, on Tuesday, 5 encouraged countries to take their own policy September. The Summit brought together the measures, such as integrating resource seventh Ministerial Conference on efficiency targets into national development Environment and Development in Asia and the agendas, and introducing resource efficiency Pacific (MCED7), organized by the Economic standards. and Social Commission for Asia and the Pacific Endah Murniningtyas, Co-Chair, eminent (ESCAP), and the second Forum of Ministers scientists group on the quadrennial Global and Environment Authorities of Asia Pacific, Sustainable Development Report (GSDR)

13

Green Files Vol.23 Dated 30-9-2017

2019, delivered the keynote address, in which Environment Authorities of Asia Pacific. The she urged countries to give the same attention delegates highlighted- to their natural resources ‘carrying capacity’ as i. the progress made by the respective they would to their national borders. National Committees for Sustainable A panel discussion was held on ‘The Development, environmental dimension of sustainable ii. regional trends, including the development’ with representatives of the rise in the region’s middle-income population, Solomon Islands, Fiji, Republic of Korea, which has led to high levels of resource use Bhutan, and Kazakhstan, followed by while many still lack safe drinking water, interventions from the floor followed by iii. that pollution is the biggest another panel discussion on ‘Policy killer of humanity and changing the world will perspectives towards a resource-efficient Asia- require citizen action, political leadership and Pacific region’, in which participants from business dynamism. government, business and civil society offered A dialogue on the topic ‘Towards a thoughts on ways to advance the sustainable resource-efficient and pollution-free Asia- development agenda in the region. Pacific region’ took place. It was asserted that The Summit also provided for a the Asia-Pacific Regional Coordination fascinating opportunity to hear about best Mechanism, through the Thematic Working practices and policy initiatives underway to Group on Resource-Efficient Growth, provides mainstream environment into policy planning, an opportunity to improve the capacity of budgeting processes and implementation, and governments and other stakeholders to use to learn about green technologies and eco- resource efficiency approaches and tools in the innovation applied in sectors such as development, planning and implementation agriculture, transport, water, energy and waste process, to ensure that economic growth is management. The participants reiterated that achieved alongside social protection and the summit environmental conservation. i. has encouraged the region to build on Many participants drew attention to their its good cooperation to date, national actions, and some stressed the critical ii. demonstrated Member States’ nature of this work, given that ‘there is no commitment to achieving a pollution-free planet B’. They also considered the report of planet the senior officials of the seventh Ministerial iii. outcome will feed into UNEA-3 Conference on Environment and Development deliberations in December 2017. in Asia and the Pacific and the draft ministerial Delegates highlighted national actions toward declaration on environment and development, the UNEA-3 theme of ‘Towards a Pollution- agreeing to forward this for adoption. Free Planet’, and provided reactions to the A ministerial dialogue took place on UNEA-3 draft resolutions and ministerial ‘Policy perspectives on a pollution-free planet’. declaration. Delegates provided suggestions on practical The delegates adopted the meeting ways to tackle pollution and build partnerships. reports of the two senior officials meetings, one It was asserted that the region of Asia- Pacific relating to the Seventh Ministerial Conference has tremendous strengths and opportunities to on Environment and Development in Asia and draw from and it is required to embrace a more the Pacific (MCED-7) and the other relating to resource efficient and pollution free growth the Second Forum of Ministers and

14

Green Files Vol.23 Dated 30-9-2017

path that supports and promotes healthy The Asia Environmental Enforcement environments in Asia and the Pacific. Awards recognizing and celebrating excellence It was commended to adopt the in efforts by public institutions and individuals Ministerial Declaration on environment and in fighting environmental crime were also development for Asia and the Pacific. The conferred. The current edition of awards Declaration is an important cornerstone of focused on efforts in the area of pollution. regional collaboration on sustainable The Summit sought to be a climate- management of natural resources in Asia and neutral and low-impact event. Besides the Pacific. It underpins the agreement reached encouraging delegates to estimate and offset earlier in the year 2017 on the regional roadmap their carbon emissions, the conference took a for sustainable development and brings low-waste approach to paper and printing, together the vision of member States on future drinking-water containers, and catering. collaborations, particularly for the management Participants were provided with their own of natural resources. It was also agreed that the biodegradable, reusable cups, and dined on Secretariat would review the text of this report meals made from organic and rescued to include a mention of the Rio Principles, ingredients. Around the venue, participants including the principle of common but viewed exhibits about UN Environment and differentiated responsibilities (CBDR). ESCAP campaigns, including information The following side events under about regional implementation of the SDGs, various themes also took place during the and actions to reduce acid rain. Summit: Outside the conference room, delegates 1. Role of Paris Agreement in were able to assess their personal carbon promotion of the goal of a resource-efficient footprints at the UNFCCC Regional and pollution-free Asia-Pacific Collaboration Center’s Climate Neutral Now 2. Discussions on intra-regional stand. Based on details of country, transport cooperation towards a resource-efficient and use, home heating and eating habits, environmentally friendly Asia-Pacific region. UNFCCC’s software would calculate the 3. Readiness of the Asia-Pacific for number of tonnes of greenhouse gases emitted Climate Geoengineering which includes as a result of an individual’s lifestyle. Delegates Carbon Dioxide Removal (CDR) and Solar could offset their emissions by choosing from a Radiation Management range of Clean Development Mechanism 4. Discussion about Solutions towards (CDM) emissions reduction projects. At an Air Pollution-free Planet another exhibit, delegates were able to 5. Strengthening Regional Ocean experience the impact of plastic waste on ocean Governance and Partnership towards Clean life through a virtual reality experience that Seas allowing participants to ‘swim’ through 6. Gender, the Environment and polluted waters while wearing virtual reality Sustainable Development in Asia and the goggles. Pacific 7. Discussion about Resource Efficient  Manoj Kumar

Asia-Pacific through Seoul Initiative

Network on Green Growth

15

Green Files Vol.23 Dated 30-9-2017

VI. Judgement of National Green and got destroyed. The Government had also Tribunal Bench, New Delhi on oil spill taken the view that the oil seen at Juhu Beach case of Delta Shipping Marine Services. was due to localized events and not due to oil

spill, but this was a misconception. The National Green Tribunal in the An Applicant named Samir Mehta, a judgement (23 August 2016) on an application Mumbai-based environmentalist, filed an (24 of 2011) filed by Shri Samir Mehta application under Sections 14 and 15 of the considered the questions of public importance National Green Tribunal Act, 2010 (NGTA and significance of environmental 2010) raising substantial questions relating to jurisprudence, in relation to pollution caused by the environment, restitution of the environment sinking of ship and oil spill in the Territorial and compensation commensurate to the water, Contiguous Zone and Exclusive damage done to the ecology on the facts of the Economic Zone of India and consequences and present case. liabilities arising therefrom. The petitioner filed the application making 13 On its voyage to destination, the ship agencies as respondents including Union of ‘M.V. RAK’ sank approximately 20 Nautical India, State of Maharashtra, Pollution Control Miles from the coast of South Mumbai. The Board and Maritime Board of Maharashtra vessel was owned by Delta Shipping Marine among others along with the private agencies Services SA while Delta Navigation WLL and associated with the ship which sank. Delta Group International were responsible for The petitioner amongst others had sought its voyage. There was an oil spill in August, actions towards assessment of impact of oil 2011 which occurred in the Arabian Sea, off the spill, cost incurred on containment of oil spill, coast of Mumbai due to the sinking of the ship. fixing accountability according to “Polluter The spilled oil from the ship spread beyond Pays’ principle. Mumbai to Raigad District. Traces were noticed particularly between Uttan in As per Section 14 of NGTA 2010the Bhayandar and Gorai beach. Continuous trail of Tribunal shall have the jurisdiction over all oil leak from the ship was observed upto 12 civil cases where a substantial question relating Nautical Miles. A very thick oil slick up to one to environment (including enforcement of any nautical mile and a thick layer of oil upto two legal right relating to environment), is involved Nautical Miles was also observed. During the and such question arises out of the first few days, oil was leaking at the rate of 1– implementation of the specified enactments. 2 tonnes per hour and on August 12, 2011 Further as per Section 15, the Tribunal according to the Applicant, the rate of oil spill may, by an order, in addition to the relief paid was 7 to 8 tonnes per day. or payable under the Public Liability Insurance The ship was carrying more than 60000 Act, 1991 provide,— MT of coal for Adani Enterprises Limited for (a) relief and compensation to the victims of its thermal power plant at Dahej in Gujarat. As pollution and other environmental damage a result of the oil spill, there was damage to arising under the specified enactments mangroves and marine ecology of the Bombay (including accident occurring while handling coast. The impact of the oil spill was clearly any hazardous substance) noticed and was visible on the mangroves of (b) for restitution of property damaged Mumbai. The lower portion of mangroves at (c) for restitution of the environment for such Bandra had turned dark because of a layer of oil area or areas

16

Green Files Vol.23 Dated 30-9-2017

It was submitted that oil spill impact environment. They are also liable to pay costs commonly known as marine oil spill is a form to MoEF&CC and Maharashtra Maritime of pollution. It includes release of crude oil Board for containment of the oil spill and for from tankers, offshore platforms, drilling rigs taking preventive measures. and wells, as well as spills of refined petroleum As per Section 17 the person products – gasoline and diesel and heavier fuels responsible for death of, or injury to, any used by large ships in the seas. The general person (other than a workman) or damage to impact due to oil spill is that it spreads in the any property or environment has resulted from water depending on its relative density and an accident or the adverse impact of an activity composition. The oil slick formed as a result or operation or process, under any specified may remain cohesive, or may break up in the enactment, the person responsible shall be case of rough seas. Waves, water currents and liable to pay such relief or compensation for wind force the oil slick to drift over large areas, such death, injury damages may be determined impacting the open ocean, coastal areas, and by the Tribunal. marine and terrestrial habitats in the path of the The NGT while delivering judgement drift. Oil that contains volatile organic considered international treaties and practices compounds partially evaporates, losing and concluded that the NGTA 2010 squarely between 20 and 40 percent of its mass and applied to the situation at hand. The tribunal becomes denser and more viscous (i.e. more relied its judgement on careful studies of resistant to flow). Over time, oil waste weathers various reports right from the Accident (deteriorates) and disintegrates by means of Investigation Report prepared by the photolysis (decomposition by sunlight) and Mercantile Marine Department on the orders of biodegradation (decomposition due to DG Shipping, the NEERI report and Annamalai microorganisms).The oil spill waste reaches the University report and many international shoreline or coasts. It interacts with sediments studies. In light of the detailed discussions, and such as beach sand and gravel, rocks and depositions by the respondents NGT concluded boulders, vegetation and terrestrial habitats of the issue disposing that there was definite both wildlife and humans, causing erosion as pollution of marine environment by oil spill. well as contamination. It has definite impact on The sunken ship along with its cargo caused fish, marine mammals, birds, coastal marshes, pollution and is a continuous source of marine mangroves, wetlands, wildlife habitats and pollution. It needed to be removed from the their breeding ground. India relies heavily on seabed of the Contiguous Zone of the Indian its marine environment for trade and water at the earliest. commercial operations. The Indian coast is The Tribunal also mentioned that it may becoming increasingly vulnerable as there is not be possible to state environmental significant increase in all types of oil tankers / compensation with exactitude, however, bulk carriers / container ships passing through keeping in view that the Principle of Strict the Indian Ocean. Liability have to be applied and the fact that the The shipping companies are liable to pay responsible shipping companies have failed to compensation for restitution and restoration of discharge their onus satisfactorily, the Tribunal the ecology, ecosystem on the basis of ‘Polluter had to adopt an approach to determine the Pays Principle’ which is a principle in compensation on the basis of what is just and environmental law where the polluting party fair, in addition to the specific costs incurred by pays for the damage done to the natural the different agencies. The damage stands

17

Green Files Vol.23 Dated 30-9-2017

established not only to the aquatic life but also is necessary to be applied in such cases. For to sea water and the shore. There has been instance, the damage caused to the aquatic life, degradation and damage to the Mangroves, mangroves, sea shore and tourism are incapable adverse impact on human and aquatic life on of being computed exactly in terms of money. shore, tourism and activities of the fishermen. The mangroves were destroyed as a The oil spill caused substantial damage, it consequence of the oil spill. The quantum of spread over the water surface and also formed leakage of oil during the first few days, was at tar balls affecting the aquatic community. Even the rate of 1–2 tonnes per hour and on August the dispersants used for controlling the oil spill 12, 2011 according to the Applicant, the rate of had been shown to be harmful for the oil spill was 7 to 8 tonnes per day as per the organisms living in the area. Having caused information of the Coast Guard. It shows the such tremendous damage and loss to the aquatic massive oil spill from the ship. Thereafter the life and marine environment the responsible ship has been lying at the present location (20 shipping companies are liable to pay Nautical Miles from the baseline of the Environmental Compensation. The reports on Mumbai shore). The ship itself has deadweight record clearly show that the documents in 63695 with a cargo of 60054 MT and with all favour of the ship were issued in a biased other metallic and non-metallic substance such manner and the ship was not seaworthy, right as asbestos, machines, oil, grease and other from the inception of its voyage. The accident elements including the coal as cargo of the investigation report, the report by NEERI and sunken ship. All this is bound to cause, in fact, the report by Annamalai University show that has caused pollution of marine environment. there was serious marine pollution caused by To substantiate the claims , the Tribunal the oil spill. That the reports, inter-alia, also referred the Supreme Court of India in the case sufficiently indicate that continuous pollution of M/s. Sterlite Industries (India) Ltd. v. Union will result from the ship and its cargo. The of India, 2013(4) SCC 575, had evoked the NEERI report had even stated that Sepias Principle of Strict Liability and imposed a (Cuttlefish) got killed due to the oil spill. It is a penalty of Rs. 100 crores for operating without matter of common knowledge that other obtaining consent of the Board under the elements of the marine environment also got provisions of the Water (Prevention & Control polluted as a result of the oil spill. of Pollution) Act, 1974, on an approximate The Tribunal observed that the present basis and the court further said that in relation case has another feature that is, it is not a case to pollution caused it was not possible to of a particular claimant bringing his action determine the same with exactitude and before the Tribunal for compensation of the another case of M.C. Mehta vs. Kamal Nath loss or injury that he has suffered. It is a case and Ors. AIR 2002 SC 1515 where in the where the Applicant had approached the Supreme Court by invoking the Polluter Pays Tribunal in larger public interest and Principle after issuance of show cause notice, complaining of large scale pollution caused by imposed the pollution fine in addition to oil spill and further pollution caused by sinking payment for restoration of environment and of the ship and its cargo. ecology, a sum of Rs. 10 lakh was directed to The damage caused by pollution, be paid on account of environmental fine and cannot be computed in terms of money with the Supreme Court did not compute the same exactitude and precision. This has to be on the on some calculations as it was a general charge basis of some hypothesizing or guess work as payable for polluting the environment.

18

Green Files Vol.23 Dated 30-9-2017

Evoking the ‘Precautionary Principle’ in regulations for implementation of prescribed light of the facts of the present case, the rights and control the pollution of marine Tribunal opined that the shipping companies environment caused by dumping. involved had completely ignored this principle From the analysis of the above findings, and did not take due precautions at the it is a clear case where negligence is attributable appropriate time. Even after the accident, none to the shipping company. It is not a case of of them have taken any steps to remedy the sinking of a ship by accident simpliciter, but it wrong since they are content with the dumping is a case where element of mens rea (the of the ship along with its cargo in Indian waters intention or knowledge of wrongdoing that as they have not suffered any liability in that constitutes part of a crime) can be traced from regard. This is a patent and flagrant violation of the unfolding of the events that finally led to the the Precautionary Principle. Serious pollution sinking of the ship on 4 August, 2011. Non- has been caused by the oil spill and by the rendering of requisite help / assistance by the sinking of the ship and the cargo. shipping company and other persons interested Thus, in NGT’s considered view, besides and responsible, to the Master of the Ship, the direct costs of Rs. 6.92 Crore towards despite the fact that they had complete containing the oil spill they should be held knowledge about the status of the ship prior to liable to pay Rs. 93.08 Crore as environmental the occurrence of the incident on 4th August, compensation for default, negligence in the 2011. Furthermore, these respondents did not upkeep of the ship and cargo and the persistent adhere to the Principle of Due Diligence pre- pollution caused by them to the marine voyage, for which they had sufficient means environment, particularly on the shore, to and time tourism and public health at large. Various principles like Principle of The importer (Adani Enterprises Limited) Sustainable Development, Precautionary was also held liable for environmental Principle and Polluter Pays Principle, Principle compensation for chartering a ship of this kind, of Strict Liability in the context of environment dumping of 60054 MT of coal in the were largely relied upon and analysed by the Contiguous zone of Indian waters and would Tribunal. Further, there is a problem in respect therefore, be liable to pay environmental of assessment of value of environment and compensation of Rs. 5 crores. damages, whenever they occur is a serious concern. Significance of Judgement: The NGT considered the view that the  Manoj Kumar provisions of United Nations Convention on the Law of the Sea vest in a State, the right to VII. Bio-Medical Waste Management Rules 2016 – Critical discussion exercise its sovereign rights to protect and The Biomedical Waste (BMW) means preserve the marine environment in its any waste, which is generated during the Exclusive Economic Zone, whereby the State diagnosis, treatment or immunization of human has to take all possible steps in consonance with beings or animals or in research activities the law for protecting and preserving the pertaining thereto or in the production or testing marine environment in its Contiguous and / or of biological. Medical care is vital for our life even the Exclusive Economic Zone. This very and health, but the waste generated from Convention requires the States to take medical activities represents a real problem of appropriate steps and adopt laws and

19

Green Files Vol.23 Dated 30-9-2017

living nature and human world. Improper As per Ministry of Environment, Forests management of waste generated in health care and Climate Change mentioned during facilities causes a direct health impact on the notification new Rules in 2016 that the total community, the health care workers and on the biomedical waste generated in the country was environment. Every day, relatively large 484 Tonnes Per Day (TPD) from 1,68,869 amount of potentially infectious and hazardous Health Care Facilities (HCFs)of which only waste are generated in the health care hospitals 447 TPD is treated before disposal. The and facilities around the world. Indiscriminate problems with unscientific disposal of BMW disposal of BMW or hospital waste and like mixing of hazardous waste into non- exposure to such waste possess serious threat to hazardous makes the entire waste hazardous. environment and to human health that requires As per the Audit Report (14 of 2008) of CAG specific treatment and management prior to its of India about Management of Waste in India final disposal. concluded that the waste management The Government of India in exercise of hierarchy needed to be emphasised in the the powers conferred under section 6, 8 and 25 policies for effective management of waste of of Environment (Protection) Act, 1986, notified all types. In response to the audit report the Biomedical Waste (Management & Handling) government had formed a Committee under the Rules, 1998 for management and handling of chairmanship of Additional Secretary on 3rd biomedical wastes generated from Hospitals, September 2008 to evolve a roadmap for the clinics, other institutions for scientific Management of waste in India. This Committee management of Biomedical Waste. In had recommended that the existing BMWM accordance with these rules, it was the duty of Rules should be reviewed to incorporate more every “occupier” i.e. a person who has the stringent penalty for violation and a strategy control over the institution or its premises, to must be evolved for safer management of take all steps to ensure that waste generated is BMW in the country. There were total 23 handled without any adverse effect to human recommendations one of which was also about health and environment. The hospital waste like simplification of segregation by defining only body parts, organs, tissues, blood and body five categories instead of 10 as was provided in fluids along with soiled linen, cotton, bandage the existing rules. and plaster casts from infected and contaminated areas are very essential to be The Government of India has taken up properly collected, segregated, stored, revision of the BMWM Rules, 1998 and transported, treated and disposed of in safe notified Draft Rules in 2011 with changes in manner to prevent nosocomial or hospital previous rules. It considered necessary to acquired infection. The rules provided for enable the prescribed authorities to implement following processes: the rules more effectively, thereby, reducing 1. Waste collection the biomedical waste generation and also for its 2. Segregation proper treatment and disposal and to ensure 3. Transportation and storage environmentally sound management of these 4. Treatment and Disposal wastes. 5. Transport to final disposal site The new rules are distinct from the old 6. Final disposal one and the first distinction is that Bio-medical Rule, 2016 includes all the persons who generate, collect, receive, store and transport

20

Green Files Vol.23 Dated 30-9-2017

biomedical waste including vaccination camps, disposal happens on-site or at a common bold donation camps, surgical camps and all biomedical waste treatment facility. Use of other Health Care facilities are included. chlorinated plastic bags, gloves and blood bags However in Bio-Medical Rule,1998 exception is to be phased out by the HCF within two years was awarded to clinics, dispensaries, to eliminate emission of dioxins and furans pathological laboratories, blood banks from burning of such wastes. providing treatment / service to less than 1000 The new rules also specify the duties of (one thousand) patients per month. Further, the the operator of the CBMWFs in addition to the new rules lay new criteria for authorisation of a duties of the occupier of an HCF, the operator HCF. In 1998, the rules said that hospitals with of a CMBWF also has to ensure timely more than 1,000 beds must obtain authorisation collection of biomedical waste from HCFs and from State Pollution Control Boards (SPCBs) assist them in training. while the 2016 expanded the ambit of Another improvement in the new rules is institutions that require authorisation to include in the monitoring sector. While the Bio- all HCFs. The new rules make the procedure of Medical Rule,1998 rules have no provision for getting an authorisation very simple. Bedded a monitoring authority, the 2016 rules state that hospitals will get automatic authorisation and the MOEFCC will review HCFs once a year non-bedded hospitals will get a one-time through state health secretaries, the SPCB and authorisation. the CPCB. The SPCB, in its turn, will oversee In BMWM Rules, 2016, Bar code and implementation through district level Global Positioning System is introduced, in monitoring committees that will report to the which Occupier and Common Bio-Medical State advisory Committee or the SPCB. Waste Treatment Facility (CBMWF) have to Moreover, according to the new rules, the apply bar code and Global Positioning System advisory committee on biomedical waste within one year of the issue of these rules. To management is now mandated to meet every six make the installation and operation of CBMWF months. a viable one occupiers of HCFs are restricted As per the new Rules the department from establishing new CBMWF within a dealing with the allocation of land is made distance of 75 Km of an existing CBMWF. responsible for providing suitable site for In previous Rules there were ten different setting up common biomedical waste treatment categories of biomedical waste, however, in and disposal facility in the State Government. BMWM Rules, 2016 there are only four categories for segregation of waste viz Yellow, CONCLUSION Red, White and Blue. The new rules also explicitly lay down the duties of an HCF in Medical wastes should be classified adhering to the segregation, packaging and according to their source, typology and risk transport rules for the four different categories. factors associated with their handling, storage The HCF is now responsible for pre-treatment and ultimate disposal. The segregation of waste of laboratory and microbiological waste, blood at source is the key step. If we want to protect samples and blood bags through disinfection / our environment and health of community we sterilisation on-site in the manner prescribed by must sensitize ourselves to this important issue the World Health Organization (WHO) or not only in the interest of health managers but National Aids Control Organisation (NACO), also in the interest of community. The new regardless of whether final treatment and Rules are expected to improve the situation of

21

Green Files Vol.23 Dated 30-9-2017

BMW in the country in a positive way. It has (management and handling) Rules, 2000, been an experience in India that there could be which have been in place for the past 16 good legislations but there are lot of years. shortcomings in their implementation which From time to time CAG had conducted could also be due to lack of awareness, Audit of different Local Bodies in India resources etc. It would be interesting to look including the issues related to the solid waste into the status of management of BMW in management. A Performance Audit was various geographical units through the audit conducted on Management of Municipal process especially those improvements which Solid Waste by municipal corporations in are supposed to bring a positive change. Maharashtra from April 2016 to September 2016 for the period from 2011-12 to 2015-16  Sandeep Pawar (Chapter 4 of Audit Report 5 – Local Bodies). The audit objective of this report were to VIII. Performance Audit on “ Solid waste examine: and Sewage management” in • whether planning and compliance with Maharashtra (CAG Report No. 04 of 2017) the extant rules and provisions for Over the years, there has been a management of MSW were adequate and continuous increase in the proportion if effective, population residing in urban areas and this • whether the entire process of uncontrolled growth in urban areas has left collection, segregation, transportation Indian cities deficient in infrastructural processing and disposal of solid waste was service such as water supply, sewerage and executed effectively, economically and solid waste management. The collection and transparently, disposal of municipal solid waste is one of the • whether an effective and adequate pressing problems of city life. monitoring and evaluation mechanism A) Solid Waste Management in existed for compliance with prescribed rules Municipal Corporation and norms. The MSW (Management and Handling) Audit Criteria for the Performance Audit Rules 2000 came into force from 25.9.2000. were derived from: It is obligatory on the part of all the municipal • The Mumbai Municipal Corporation authorities to arrange for collection, (MbMC) Act, 1888 and The Maharashtra segregation, transportation and suitable Municipal Corporation Act, 1949 (Amended disposal of municipal wastes of the municipal 2011); towns/cities. Under these rules all municipal • Manual of Municipal Solid Waste authorities responsible for collection, Management, 2000 issued by Government of segregation, storage, transportation, India (GoI) and The Municipal Solid Wastes processing & disposal of municipal solid (Management and Handling) Rules, 2000 wastes are covered. • Instructions, guidelines, policies issued The Union Ministry of Environment, by Central Pollution Control Board (CPCB) Forests and Climate Change (MoEFCC) in and Maharashtra Pollution Control Boardon April 2016 notified the new Solid Waste solid waste management from time to time. Management Rules (SWM), 2016. These Scope and Methodology of Audit Rules replaced the Municipal Solid Wastes

22

Green Files Vol.23 Dated 30-9-2017

The Audit findings are based on audit of It is also noticed that even after spending records of Urban Development Department crores of money two of the major processing and seven of 26 Municipal Corporations plants in Mulund and Deonar were not which were selected using random sampling. installed and one processing plant at Kanjur Joint physical inspection of MSW was installed after a delay of more than five management sites (collection, dumping / years. landfill and processing) in the selected MCs was conducted by audit along with the iii) Transportation of MSW :- As per MSW officials of respective MCs. Rules, 2000, vehicles used for transportation of waste should be covered to prevent the Following major objection pointed out MSW from littering the streets and waste in the above mentioned Audit Report of should not be visible to public nor exposed to Maharashtra:- open environment. However, it was found that the MSW were transported in many MCs i) Collection and Segregation of waste: - in open vehicle. Almost in all the MCs Door to Door collection system was in place, shortage of collection and transportation however it does not cover all the households. vehicle were noticed. Segregation of waste at household level was not done in any of the Municipal Similar objection were also pointed out in Corporations except MCGM and Pune MC. Report No 5 of 2014 – Local Bodies Non Segregation of waste at the collection Government of Gujarat (Chapter 4) and points led to mixing of MSW with Report No 3 of 2016- Pollution Control construction waste, Horticulture waste, bio- Board Assam, Government of Assam medical waste etc. (Chapter 5). The objective of segregation of MSW could not be achieved by all the MCs due to absence However, report on Local Bodies of appropriate facilities for treatment / Government of Maharashtra bring up few processing of segregated waste. This led to more non-conventional areas like :- burden on the landfill site to the extent of 7.59 million tonnes on account of bio-degradable i) Protection of staff handling MSW- In all waste. the audited Municipal Corporations, staff engaged in collection of MSW were not using ii) Absence of facilities for Processing of personal protective equipment such as masks, MSW: - The implementation schedule gumboots and hand gloves in violation of the (Schedule IV) of the MSW Rules stipulated requirements. that the Municipal authorities should adopt suitable technology for processing of ii) Fire safety equipment at dumping sites: biodegradable MSW such as composting, - In the report it is mentioned that the major vermi-composting, aerobic digestion or any fire broke down in Deonar dumping site, other appropriate biological processing so as Mumbai on 28th Jan 2016 and it could be to minimize the burden on landfill. It was extinguished only on 5th Feb 2016 after nine noticed that processing facilities were not days. There were no overhead tank water or available in all the MCs and where available ring hydrant system at the site and even after were not adequate.

23

Green Files Vol.23 Dated 30-9-2017

six months of accident they had not installed iv) Absence of Water Quality Monitoring of any prescribed fire safety measures at the site. Landfill Sites :- As per the MSW Rule (Paragraph 23 of Schedule III), the MCs Other important observation pointed out should collect baseline data of ground water in the report are:- quality in the area before establishing any landfill site and keep on record for future i) Absence of City Plan for Management of reference. However, MCGM had the baseline MSW :- As per Manual on Municipal Solid data of ground water quality in respect of Waste Management, 2000, there should be Kanjur site only. The remaining six selected Short-Term Plan (two to five years), MCs had not collected the baseline data of Medium-Term Plan (five to15 years) and ground water quality near dumping / landfill Long-Term Plan (15 to 25 years) for solid site and maintained the related records. waste management. However, none of the seven MCs had prepared comprehensive City Recommendation by the CAG Plan for management of MSW. Various 1. MCs may prepare City Plan to recognize parameters namely identification of the problems in management of MSW and problems, gap analysis of services and devise mechanism to ensure proper utilisation involvement of stakeholders in planning of budget allocations and funds received. process though essential for effective 2. MCs may ensure use of protective planning were not observed. Except MCGM equipment by people handling MSW. They and Nagpur, other MCs did not have facility may also devise mechanism for maximum for weighing of MSW at dumping / landfill segregation. MCs may use synchronized and sites. covered vehicles for collection of MSW to avoid its multiple handling and open littering. ii) Non-utilisation of Budget Provision: - 3. MCs may devise mechanism for optimum Seven MCs did not utilize the full budget utilisation of installed processing facilities provision on MSW during the period 2011- besides developing of SLF for scientific 16. The extent of utilization of Budget disposal of MSW. showed fluctuating trend and the unutilized 4. MCs may also ensure regular testing of budget ranged from two per cent to 37 per ground water and ambient air quality so as to cent of budgeted MSW amount of MCs. adhere to the environmental norms in the management of the MSW. iii) Failure of Kalyan-Dombivli MC to control environmental Pollution:- As per MSW Rules (Schedule III), MC should B) Management of Sewage in Mumbai develop sanitary landfill sites for scientific disposal of MSW. Since its inception (1983), The management of sewage comprises Kalyan-Dombivli MC was dumping MSW at collection of sewage through sewer lines at un-authorised site at Adharwadi. Till date generation points, its conveyance to Waste (January 2017) the work of closure of Water Treatment Facility (WWTF) and dumping site has not been commenced by the treatment of sewage at par with regulatory MC and large quantity of leachate generated norms before its disposal into water bodies or at the dumping site was causing other available sites. environmental pollution near Thane creek.

24

Green Files Vol.23 Dated 30-9-2017

Performance Audit of Sewage Major objection pointed out, in the above Management by Municipal Corporation of mentioned report, and had serious impact Greater Mumbai was conducted by CAG on environment are as under:- from April 2015 to August 2015 for the period 2010-15. The audit objectives were to 1. Execution of Sewage Pumping Station examine whether; and Priority Tunnels Works - Due to • any comprehensive plan for reduction in capacity of pumps and Management of Sewage was implemented in insufficient carrying capacity of sewer lines, an effective, efficient and economical sewage generated was not reaching Waste manner; Water Treatment Facilities (WWTFs) and the • the collection and treatment of Sewage same was discharged untreated in Malad was done efficiently and effectively as per creek and this was continuously degrading norms; and the water quality of Malad creek. • an effective internal control and monitoring system exists. 2. Huge Un-treated Sewage Discharge into the Sea: - The city generated 2,146 MLD Scope and Methodology of Audit: - The Sewage per day during 2015-16. Of this, Performance Audit covered the management 1,098 MLD sewage was being collected of sewage by MCGM for the period 2010-15 through 1,860 kms of existing sewer network. but the facts and figures were subsequently The remaining 1,048 MLD sewage was updated till July 2016. The methodology discharged into the sea without any treatment. adopted for attaining audit objectives with Thus, approximately 49 per cent sewage was reference to audit criteria and scope of audit discharged into sea and creek without any were discussed with the Secretary, Urban kind of treatment. Development Department and Commissioner, MCGM in the Entry 3. Failure to Recycle and Reuse of Treated conference held in April 2015. Sewage:- MCGM constructed (June 2014) a Sewage treatment plant of three MLD at cost Audit Criteria :- The audit criteria for the of Rs 2.59 crore, as a pilot project, for water Performance Audit were derived from conservation and to construct STPs in Mumbai Municipal Corporation Act, decentralized manner at various Sewage 1888,Water (Prevention and Control of pumping stations. Treated Sewage was Pollution) Act, 1974 of Government of India proposed to be stored at the highest point and (GoI),The Environment (Protection) Act and the same was to be distributed by separate Rules 1986,Circulars and orders issued by the supply lines. The plant was commissioned in Government of India and GoM, Resolutions September 2014. However, work of storage of MCGM and orders issued by MCGM, tank and distribution network could not be Relevant reports prepared by MCGM, started till date (July 2016) and treated MPCB, National Institute of Oceanography, sewage was being discharged into sea despite National Environmental Engineering an expenditure of Rs 2.59 crore. Research Institute (NEERI) and Council of Scientific and Industrial Research Institute and Master Plan 2002, Mumbai City.

25

Green Files Vol.23 Dated 30-9-2017

Other major observations in the report are Rs 28.69 crore in 2014. A total of 1,765 as under:- metres of sewage pipes had been laid till July 2016 at a cost of Rs 32.97 crore. 1. Overpayment in Execution of Jacking and Rescue Pits in Micro-tunnelling 4. Blocking of Funds of Rs 124.30 Crore on Works - Incorrect methodology for Un-commissioned Works: - Sewer lines laid preparation of estimate and release of at a cost of Rs 124.30 crore could not be put payments as per estimate rather than the to use since 2012. The reasons for non- actual number of J/R pits excavated, resulted commissioning of executed works were in excess payment of Rs 29.95 crore to incomplete downstream work, non-execution contractors in six ongoing works as of July of connecting mains passing through railway 2016. lines, want of connectivity with main sewers, non-execution of rest of alignment work due 2. Overpayment due to Overstating the to existence of utility services etc. The Cost of Auxiliary Machines- The cost of hindrance arose because the alignment of auxiliary machines was Rs 54,250 per works was not fixed taking required numbers running metre. However, the rates for of trial pits and analysis of geotechnical data auxiliary machines, as per purchase invoices, before awarding of works. This had resulted submitted along with bid documents were Rs. in suspension of works leading to blocking of 7,237.53 per running metre. The excess funds amounting to Rs 124.30 crore. amount involved was Rs.16.63 crore for entire length of work (4,360 metres) to be 5. Excess Payments of Rs 22.05 crore to executed, considering the discount offered by Contractors: - As per tender conditions, the contractor. The contractor was already contractors were to provide details of quoted paid an excess amount of Rs.9.92 crore for rates and if required the Department could execution of 2,109.50 metres of sewer line call for any clarification of rates items. The work through Micro-tunneling Boring payments were made to contractors based on Machine as of July 2016. item rates finalised and executed length of works. The scrutiny revealed that various 3. Failure to coordinate with the MMRDA- shortcomings in departmental assessment of MCGM had requested the MMRDA to either quoted rates. This resulted in overpayment to lay the sewer line before concretisation of contractors of Rs 22.05 crore as of July 2016. link road or leave a stretch of 5.25 metre width in flexible pavement so that sewer line Recommendation by the CAG could be laid by open cut method. However, MCGM failed to pursue the matter with 1. MCGM may take proper initiative to make MMRDA and the stretch of Link Road where all the installed aerators operational to sewer line was planned to be laid was safeguard the environmental interest at large concretised by MMRDA in October 2005. and watch the results thereof under expert The SP awarded the work at cost of Rs 37.80 supervision. crore through micro-tunnelling method which was originally planned to be executed 2. MCGM may ascertain level of through open cut method. The cost of work implementation of Master Plan works and with open cut method was estimated at prepare a road map for completion of balance

26

Green Files Vol.23 Dated 30-9-2017

feasible works besides ensuring elimination pressure on fish stocks by taking a of non-point untreated discharge and precautionary approach and setting catch treatment quality of sewage at par with limits based on the best scientific information standards fixed by the Regularity Authorities. available on resources; it also aims to balance the fleet capacity with available fishing Significance: - Maharashtra is second most resources. For this reason the EU has populous state in India and with rapid established a ceiling to the European fleet urbanisation, the state is facing massive capacity that should be balanced with the challenges in urban development like available fishing opportunities over time as management of Solid Waste and Sewage well as fisheries management measures, to Treatment. The audit of work done by MCs ensure that the fishing sector is sustainable. in the area of Solid Waste and Sewage The CFP includes measures to restrict fishing Management by MCGM reveals fleet capacity and manage fisheries by shortcomings of very basic nature like imposing limits on catches (such as quotas) sanitation. Even the financially rich and fishing activity (such as fishing effort Municipal Corporations like Mumbai have restrictions or technical rules for certain problems of untreated sewage. The cities in fisheries). India have to be innovative and consistent in Pursuant to Article 287(4), to review the managing environmental issues in present state of its implementation and maintaining overall developmental status. monitoring after the CFP‘s control system Further, the waste water as well as organic last reformed in 2009, European Court of solid waste which are very basic resources Auditors took up Audit of implementation which could be harnessed through better of the Common Fisheries Policy (CFP), environmental practices. between April and October 2016 and brought out a Special Report on EU fisheries controls  Sandeep Pawar in the year 2017.

OBJECTIVE OF AUDIT: IX. Audit of Common Fisheries Policy (CFP)

of European Union by European Court of Auditors The objective of the audit was to verify and give assurances that: BACKGROUND The EU had an effective fisheries control system in place. This has been a challenge as historically Do Member States have reliable information some fish stocks in European Union waters on their fleet characteristics? have declined due to overfishing. To tackle Are fisheries management measures well this problem, Common Fisheries Policy implemented? (CFP) was adopted by European Union. The Is the data needed for fisheries management primary goal of the Common Fisheries Policy complete and reliable? (CFP) of European Union, most recently Are inspections and sanctions appropriately revised in 2013 is to ensure that the fishing planned, performed and applied? and aquaculture sectors are environmentally, To verify the role of the Commission and of economically and socially sustainable in the the European Fisheries Control Agency. long term. The CFP therefore aims to reduce

27

Green Files Vol.23 Dated 30-9-2017

AUDIT SCOPE AND AUDIT The audit was conducted between April APPROACH and October 2016. It included visits to the European Commission and to four Member The Audit was focused on the adequacy States [Spain, France, Italy and the UK of the main requirements of the fisheries (focusing on Scotland)]. These Member control regulation and their implementation States were selected as they represented more by the Member States. Do Member States than half of EU fleet capacity and almost half have reliable information on their fleet of EU fish catches, and as their fleets were characteristics? How Member States checked active in the Atlantic and the Mediterranean, the components of fleet capacity (in terms of which had significant differences as regards kW and GT), and whether they kept the fleet fisheries and fleet management measures. register up to date. (a) Are fisheries management measures well implemented? FINDINGS: How Member States used vessel monitoring systems and how they managed 1. Lack of sufficiently effective system for fishing quotas, fishing effort regimes and fisheries controls technical measures? The review examined European Union did not yet have a overall issues rather than focusing on specific sufficiently effective system for fisheries fisheries. controls in place to support the success of the (b) Whether the data needed for CFP. fisheries management complete and reliable? 2. Information on fleet characteristics In order to answer this sub-question, it available in the register was not always was examined how the Member States accurate and verified ensured that catch data and landing The Member States did not sufficiently verify declarations were comprehensive, consistent the accuracy of their fleets' capacity and of and validated. How the Member States shared the information on the vessels in the fleet management information, particularly when register. vessels from one flag Member State fished in the waters of another? How the Commission 3. The national fleet registers information consolidated Member States’ data. was not always accurate in respect of engine (c) Whether inspections and sanctions power or length of vessel. appropriately planned, performed and applied? 4. Checks on fishing capacity were How Member States planned, incomplete performed and reported on their fishing inspections, whether or not Member States As no detailed rules for the fleets’ gross followed up inspections with effective tonnage were adopted in contradiction to the sanctions? In particular whether or not provisions of Control Regulation, it was sanctions were dissuasive, and how the found many Member States did not carry out penalty points system was implemented in full measurements of their vessels. practice. In application of the rules of the Control Regulation 89 % of the EU fleet were not

28

Green Files Vol.23 Dated 30-9-2017

monitored by Vessel Monitoring System (VMS), this hindered effective fisheries Under the Control Regulation the management in some fisheries and for some Member States are responsible for input and species. output control measures and must allocate appropriate resources and establish the The lack of transparency in allocation necessary structures to carry out controls of fishing quotas made it difficult for Member throughout the production chain. There are States to know the actual beneficiaries of specific requirements for fishing fleet control, fishing opportunities and therefore to assess compliance with management measures, any potential adverse impact on the reporting requirements, inspections and environment and local economies, and take sanctions. Key tools for fleet management the necessary corrective measures where include the fleet register (which contains all appropriate. Lack of transparency also fishing vessels’ characteristics, fishing increased the risk that specific interests of licences, fishing authorisations, etc.) and certain economic operators are favoured at satellite-based systems to monitor vessel the expense of others. Significant position. discrepancies between declared landings and ` subsequent records of first sale were noticed 6. Vessel monitoring systems (VMS) provide by Auditors. Member States’ data validation powerful monitoring information, but processes were insufficient. exclude a large part of the fishing fleet Member States planned and carried out fisheries inspections well. However, the The Control Regulation requires VMS absence of real-time access to information equipment to be fitted on all fishing vessels about vessels to the inspectors reduced the of at least 12 metres in length. Member States effectiveness of inspections. Standardized may exempt vessels less than 15 metres long inspection procedures were established but if they only fish in the waters of their flag available report templates had not been Member State, or never spend more than 24 scrupulously used by inspectors. The hours at sea from the time of departure to the inspection results were not always correctly return to port. reported in the national databases. On analysing the information in the EU fleet register, the ECA found that contrary to 5. The Common Fisheries Policy (CFP) the requirements of the Control Regulation, 2 control system % of vessels that were over 15 metres long Fishing effort management is a and were licensed to fish had no VMS. Most combination of restriction on the fleet of the vessels between 12 and 15 metres long capacity and the amount of time the fleet can (79 %) were exempted from the VMS spend at sea. The EU defines fishing effort as obligation by Member States. fleet capacity [tonnage (GT) and engine power (kW)] x days at sea. Approaches are 7. Fisheries data collected under the Control tailored to each fishery, taking into account Regulation was incomplete and unreliable the type of fishing gear used and the main species caught. Restrictions on the fishing ECA in their audit opined that Paper- effort are normally applied together with total based declarations increased the risk of errors allowable catches (TACs). being recorded in the Member States’ catch

29

Green Files Vol.23 Dated 30-9-2017

databases. Sample checks of paper catch and Regulation was in place in Italy and landing declarations against the Member functioning well. The points system was not States’ catch database entries revealed that consistently applied As it was partially information was incomplete, there were data applied in Spain, inconsistently applied in transcription errors and in some cases catches Scotland and not implemented in France. were being recorded for vessels shown as inactive in the fleet registers. Member States’ catch data for smaller vessels without RECOMMENDATIONS of ECA electronic declarations was incomplete and sometimes incorrect. Recommendation 1 – Improving the reliability of information on fishing fleets 8. Sales data was not sufficiently In order to improve the accuracy of comprehensive or consistent with landing information of fishing capacity, the Member declarations- States should, by 2018, That there was substantial room for (a) Establish procedures to verify the improvement as ‘landing declarations’ and accuracy of the information recorded in their ‘sales notes’ for a sample of vessels were not national fleet registers; always available, and that there were (b) Detailed rules for the regular significant unexplained differences between documentary and on-the-spot verifications of landing declarations and the quantities both gross tonnage (GT) and engine power recorded as sold. (kW) indicators used to calculate fishing capacity. 9. The information-sharing system between (C). Member States are required to Member States was ineffective implement fisheries management measures The ECA observed that the Member set out in national, European and State’s information exchange systems were international legislation. not reliable and resulted in transmission errors. The Member States internal Recommendation 2 – Improving the organisation of data storage and transmission monitoring of fisheries management systems were often too complex, and IT measures systems were often incompatible among and In order to improve the monitoring of within Member States. activities of small fishing vessels, the Commission may include in its legislative 10. Administrative and criminal procedures proposal were used by inspection authorities. (a) The removal of the VMS exemptions for vessels between 12 and 15 metres long; The value of the catch could be added (b) The requirement for the installation of to the total amount of the sanction and smaller and cheaper localisation systems for methods and procedures adopted for vessels under 12 metres long. imposing fines for infringement varied amongst the member countries. Points system In order to ensure the transparency of the only partially used or used for serious distribution of fishing quotas, the Member infringement. The points system for serious States should, by 2019, infringements required by the Control

30

Green Files Vol.23 Dated 30-9-2017

(c) Inform the Commission of their quota ensure that fishing operators are treated allocation system in line with Article 16 of equally the CFP regulation, including how the transparent and objective criteria have been Recommendation 4 – Improving inspections incorporated in the distribution of fishing and sanctions quotas among stakeholders. 1. In order to improve the inspections the Member States should, by 2019, Recommendation 3 – Improving the (a) When the new Regulation on technical reliability of fisheries data measures will enter into force, develop, in 1. In order to improve the completeness and consultation with the European Fisheries reliability of fisheries data, The Member Control Agency (EFCA), and use standard States should, by 2019, inspection protocols and reports (a) Review and improve the process for In the context of any future amendment to the recording and verification of paper based data Control Regulation, it was recommend the of fishing activities; Commission to include in its legislative (b) Ensure that they have reliable data on proposal the activity of vessels under 10 metres long, (b) The mandatory use of the Electronic and that they apply the rules established by Inspection report System by the Member the fisheries Control Regulation to collect States 2. In order to ensure the effectiveness them; of the system of sanctions, the Member States (c) Complete the validation and cross should, by 2019, checking of fisheries activities data. (c) Take due account of recurrent The Commission should, by 2020 infringements or persistent offenders when (d) Establish an information exchange setting sanctions; platform (e) Promote the development of a (d) Fully implement the point systems and cheaper, simpler and user friendly system to ensure its consistent application in their facilitate the electronic communication of respective territories. fishing activities for vessels less than 12 metres long; RESPONSE OF THE AUDITED ENTITY (European Commission) 2. In the context of any future amendment to the Control Regulation, and in order to The European Commission agreed, improve the completeness and reliability of acknowledged or recognised with most of the fisheries data, it was recommend the observations and shared similar views as that Commission to include in its legislative of the ECA. The commission also provided proposal commitments in majority cases in terms of (g) The removal of the Electronic acceptance of observations, further follow up, Reporting System and electronic declaration taking note of recommendations to be exemptions (h) Review the catch data implemented by the Member States, and also reporting obligations of the Member States In accepted partially the remaining order for inspections to be effective, they recommendations. must be backed up by dissuasive, proportionate and effective sanctions, including a points system for serious cases to

31

Green Files Vol.23 Dated 30-9-2017

Conclusion and Significance contained in the Policy. These action points will be further elaborated with timelines for The Common Fisheries Policy requires an implementation, agencies responsible for the effective control system in place in order to work and the likely sources of funds required be successful in ensuring that fish stocks and for implementation. The Implementation the fishing sector are sustainable in the long Plan will also have a ‘Monitoring and term. Evaluation’ section that will address the The audit by ECA was comprehensive with timeliness and efficacy of implementation. It good sample selection where in it was is expected that through the implementation assessed whether or not the EU had an of this Policy, the marine fisheries sector in effective system for fisheries controls in India will become a sustainable and well- place, by examining the main requirements of managed entity, ensuring enhanced the EU’s fisheries control regulation and their utilization of the harvest for human implementation by Member States. It was consumption; employment, gender equity also analysed how Member States checked and livelihoods; equity and equality; the components of the fleet capacity (gross provision of food security and nutrition; and tonnage and engine power) and whether or creation of wealth and prosperity in the not they kept their fleet register up to date; sector. These developments in this sector in whether fisheries management measures India would necessitate similar kind of Audit were well implemented; whether the data in India. The auditors in IAAD can start needed for fisheries management was looking into the implementation of this policy complete and reliable; and whether or not in India and work towards an impactful audit inspections and sanctions were appropriately of the issue in coming years. planned, performed and applied. The audit produced good output  S. Prabhakar Rao resulting good outcome in the form of acceptance of its recommendations by the X. Experience with iCED, Jaipur European commission.

India ranks third in world fish production During the first week of September the with a harvest of 6.3 million tonnes. The Officer Trainees of the 2016 batch proceeded vision of the National Policy on Marine to iCED, Jaipur for our introductory training Fisheries, 2017 launched recently in April on Environment Audit. Having heard a lot 2017 is having a healthy and vibrant marine about the iCED campus, we were all pretty fisheries sector that meets the needs of the excited to visit the place. The charm of present and future generations. The NPMF, Rajasthan to many of us, who had not been to 2017 is expected to meet the multi- the desert state beforehand, added to the dimensional and growing needs of the marine excitement. fisheries sector for the next one decade. The Policy is considered to be holistic and We proceeded to iCED after our IIM- adequately addressing the needs of all the Ahmedabad attachment, and were already segments of this diverse economic activity. pretty charged up after the excellent training The NPMF, 2017 will have an that we received there. We boarded our flight ‘Implementation Plan’ that will specify the from Ahmedabad on 2nd September and were action points under each recommendation

32

Green Files Vol.23 Dated 30-9-2017

taken to the iCED campus, which is around hand exposure on the construction and 40 kilometers from Jaipur City. operation of these traditional check dams.

Visiting the Waterman of India iCED Even though the immediate next day of iCED campus, I felt, is one of the best our arrival was a Sunday, we were in for a campuses that belongs to IA&AD. Designed pretty hectic schedule. We were scheduled to in an environment and eco-friendly manner, visit the office of Tarun Bharat Sangh, an without compromising on any of the modern NGO that works primarily in Alwar District design principles, it is indeed an apt place to of Rajasthan in the area of water/river house the department’s Environment Audit conservation. We were to start from the Training centre. From small things like the institute at 6 in the morning and many of us use of glasses for water instead of plastic were not very happy that we were put to such bottles to the use of solar energy to a hectic schedule after an already stretched supplement power needs of the institute, out day. However, most of our apprehensions everything about iCED oozed eco- would soon melt away once we reached the friendliness. office of Tarun Bharat Sangh. The inauguration was done by Dr. Situated in the Gopalpura Village in Rajendra Singh, who started off from where Rajasthan, Tarun Bharath Sangh is headed by he had stopped the day before, and following Dr. Rajendra Singh, who has worked for a this we had sessions on Legal Frameworks, long time in the area of River and Water Environment Impact Assessment, Waste conservation in India. To his credit lies the Management etc. all of which enhanced our rejuvenation of five rivers that flow through understanding about various facets of the arid desert state and this was achieved by environment management and conservation. making use of the traditional watershed The importance of environment audit in the management technology- Johad. We were not governance of our country was impressed expecting to meet Dr. Singh on this particular upon us by this whole exercise. day, but once we got to know that Dr. Singh himself would be receiving us, most of us Fun at iCED turned into starry eyed, curious kids. The most fun we had at iCED was with the evening cooling off at the swimming pool. Dr. Singh explained to us the Having been unfortunate at iCISA, what with engineering that lay behind the watershed their swimming pool being under technology, how Johad has helped maintenance, we were pretty excited to put transforming the fate and fortune of hundreds our swimming skills to test. Most of us would of farmers across Alwar region and simply cool off for hours on end after the neighbouring districts and also what can be classes. The other facilities at the institute done to scale the model to the entire country. were also impressive. He came across as a very humble and In addition to this, iCED had arranged approachable person with a saintly aura. We for outings for us on almost all the days. We were taken to the Johads that were were taken to Chokidhani, Jaipur to enjoy a constructed by TBS and thereafter had a first- sumptuous Rajasthani Thali, Amber fort to

33

Green Files Vol.23 Dated 30-9-2017

enjoy the light and sound show and also Visit to the Border hosted at the AG Colony by our seniors. The next day, we were taken to the BSF All of us felt immense pride at how office at Jaisalmer, where we were briefed cordially our seniors welcomed and treated us about the Border Security Force and its role at the dinner hosted for us at the AG colony. in securing our nation’s borders during peace We were treated as members of a single time. We came to appreciate the immense family and the camaraderie and sacrifice that these jawans make to make sure professionalism that was on display that their countrymen sleep in peace. impressed upon us the tight knit nature of After the debriefing we were taken to IA&AS. the Longewala post, which was the theatre of war during the famous Battle of Longewala, Desert National Park and Sam Dunes where a handful of Indian Soldiers held off a The iCED attachment, even though sea of Pakistani army and protected the sweet, lasted only 4 days. We proceeded for a borders of our country during the 1971 war. study tour to Desert National Park, Jaisalmer We also visited the BSF border check post at followed by a night stay at Sam Dunes, Bawliyanwala and were briefed on how the Jaisalmer. Even though many of us braved the BSF mans the border post and makes sure that desert heat and walked till the end, we were there is no infiltration at the borders. The not lucky enough to spot the much famed sight of Pakistan which lay a few metres from Great Indian Bustard. The lack of a jeep safari me across barbed wires is something that I to the internal parts of the park did us in. will never forget in my life. The bravery and However, it was a great experience to walk commitment of the BSF Jawans who man through the plain, harsh terrain. these posts even in the most inhospitable of Following this we went back to our conditions is something that needs to be camp at Sam Dunes. We were taken on a known to every citizen of our country. camel safari through the dunes. My The one week attachment at iCED and roommate and I hopped on to a camel named Rajasthan was one of the most memorable in Sonia, who I suppose is a beauty by camel our entire training schedule. It was standards. She patiently bore my weight informative, highly enjoyable and cleared (which for reference is a number above many misconceptions that all of us held about 100kg) and did not seem to mind us shouting many things. Rajasthan, which calls to one’s atop her. Our usher, named Isak, also offered mind the image of an arid, dry state would to race her through the dunes for us. We also never be the same in my mind after this trip. saw some desert nomads who sang and Its immense variety and diversity in terrain danced for us. and in culture once more underlined to me how diverse our country is. There were cultural activities arranged at night. We were treated with fantastic dance When we were about to return to / song performances. The quiet of the desert Shimla, there was only one thing that our made the desert tunes much more impressive entire batch wanted. Another chance to return and soul rendering. Rajasthan would leave us to this wonderful institute and place. permanently impressed by her culture after  Vishnu H Prasad, this night. IA&AS OT 2016 Batch, NAAA, Shimla

34