Description
India suffers huge losses to life, livelihood, property and environment due to disasters which sets back development. Our disaster mitigation strategies and response mechanisms are often hampered by legal complexities coupled with procedural mystification.
Environmental Legislation for
Disaster Risk Management
M O D U L E - I
Towards a disaster free India
National Institute of Disaster Management (NIDM)
Ministry of Home Affairs
IIPA Campus, New Delhi-110002.
www.nidm.gov.in
Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH
3rd floor, B5/2 Safdarjung Enclave
New Delhi-110 029.
Published by
Environmental Legislation for
Disaster Risk Management
National Institute of Disaster Management
Ministry of Home Affairs, IIPA Campus, New Delhi
&
Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ)
GmbH, Germany
MODULE I
Authors
Anil K. Gupta
Sreeja S. Nair
ISBN 978-81-924336-7-7
©NIDM & GIZ, 2012
Authors
Anil K. Gupta and Sreeja S. Nair
Reviewers
Dr. N. K. Verma, Consultant, IGEP, New Delhi
Irene Stephen, Consultant, New Delhi.
Dr. Sandhya Chatterji, Director, ifanos India & Consultant GIZ.
Florian Bemmerlein-Lux, Director, ifanos Germany & Consultant GIZ
Acknowledgements
Dr. Satendra, IFS, Executive Director, NIDM
Dr. Dieter Mutz, Director, GIZ-IGEP
Sunanda Dey, Delhi University, Delhi
Citation
Gupta, A.K. & Nair, S.S. (2012). Environmental Legislation for Disaster Risk
Management, Module-I. Environmental Knowledge for Disaster Risk Management
Project, National Institute of Disaster Management & Deutsche Gesellschaft für
Internationale Zusammenarbeit (GIZ) GmbH, New Delhi , pages 68
Design and Printing: Celluloid, New Delhi-110092, Mob.: 9811297670
Disclaimer
This document may be freely reviewed, reproduced or translated, in part
or whole, purely on non-pro?t basis for any non-commercial and academic
purpose aimed at training of education promotion as cause for disaster risk
management and emergency response, keeping the source acknowledged.
Authors welcome suggestions on its use in actual training situations and
for improved future editions. The present document is neither exhaustive
nor complete on the topic of Environmental Legislation for Disaster Risk
Management. The information has been compiled from reliable documents
and published references/resources, as cited in the publication. The authors
have taken all reasonable care to ensure that the contents of the module
do not violate any existing copyright or intellectual property rights of any
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infringed, please notify the authors for corrective action. Mention of any
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purpose only and does not constitute a recommendation of any sort by
either NIDM or GIZ.
I. Introduction 1
1.1 Context 1
1.2 About the module 1
1.3 Structure of the module 1
1.4 Aim 2
1.5 Target group 2
II. Learning Unit A: Environment and Disaster Linkages 3
2.1 Environment and disasters 3
2.2 Environmental management and disaster management cycle 7
2.3 Disaster management law and environment 10
III. Learning Unit B: Environmental Legislation for
Disaster Risk Management 13
3.1 Introduction 13
3.2 Environmental legislation 13
3.2.1 National laws 14
3.2.2 International law 26
3.3 Principles of environmental law 27
3.4 International environmental law and India’s obligations 29
3.5 Environmental provisions for DRR in national laws 35
3.6 Environmental policies and DRR: - examples 45
3.7 Environmental laws and role in DRR 47
Content
Message
Foreword
IV. Learning Unit C: Integrating Environment and
Disaster Risk Management 51
4.1 Introduction 51
4.2 Examples of integrated environment and DRR framework 52
4.3 Recommendations of integrating DRR initiatives in
environment 60
References 62
About NIDM 66
About GIZ 66
GIZ in India 66
About EKDRM 68
About the authors 69
Message
GIZ has been collaborating with the National Institute of Disaster
Management since 2010 for implementing the ‘Environmental
Knowledge for Disaster Risk Management (ekDRM)’ project. The project
aims at strengthening the capacity building efforts for reducing risk of
disasters caused by natural hazards, such as ?oods, cyclones, droughts,
and technological ones such as chemical accidents. Decision support
system with the application of modern tools of geoinformatics and
remote sensing can utilize the environmental data to improve the state
of disaster mitigation and emergency response. On the other hand, tools
and methods of environmental management like EIA and the regulatory
mechanisms in form of environmental legislation can also help facilitate
the provisions for hazard and vulnerability reduction.
Design and development of training tools and materials, based on policy
research or case studies, are key areas of the ekDRM project. It gives me
immense pleasure to introduce the training module on ‘Environmental
Legislation for Disaster Risk Management’ based on analysis of global
context of environmental laws, policies and approaches of integrating
environment and disaster risk management.
I take the opportunity to express appreciation of the commitment of
NIDM, Ministry of Home Affairs, Govt. of India, New Delhi, Ifanos, Germany
and Ifanos India, for extending their willing participation and cooperation
to this effect. I also express my greetings to the authors for taking the
innovating topic of intervention for development of training module for
improving the disaster risk management capacity development efforts in
India.
Dr. Dieter Mutz
Director,GIZ-IGEP
Delhi, June 2012
Foreword
Even before its independence in 1947, several environmental leg-
islations existed in India, but the real impetus for bringing about a
well-developed framework came only after the UN Conference on
the Human Environment in Stockholm, 1972. Under the in?uence of
this declaration, the National Council for Environmental Policy and
Planning within the Department of Science and Technology was set
up in 1972. This Council later evolved into a full-?edged Ministry of
Environment and Forests (MoEF) in 1985.
Since the beginning of United Nations International Decade of Di-
saster Risk Reduction in 1990s and following Hyogo Framework for
Action (HFA) in 2005, countries started paying greater attention to
Disaster Risk Management as compared to the previous relief centric
approach. The HFA 2005-2015 provided the basis for intense advocacy
for disaster risk reduction funding and the mainstreaming of disaster
risk reduction in sectoral planning process. Millennium Assessment
Report (2005) also identi?ed environmental degradation as a major
factor leading to the increasing vulnerability. A country’s legislative
and institutional systems provide the basis for plans and organisation
in all areas of disaster risk reduction and emergency response. Since
strong inter-linkages exit between environmental degradation and
disaster risks, environmental legislations and their implementation is
an important prerequisite for disaster risk management. In the after-
math of Bhopal Gas Tragedy in 1984, the failure of litigation attempts
in proper form to call Union Carbide to account for the gas tragedy
provides enough lessons that need to be learned. Thus there is urgent
need for developing Legal framework which will be able to address
the possible eventualities arising out of such disasters. Environmen-
tal Protection Act 1986 and the rules there under were found to be
effective in dealing with disasters particularly Chemical (Industrial)
accidents.Role of environmental law in reference to the chemical ac-
cidents related emergencies and their risk management has been
widely known. However, the role of legal provisions on environment
and natural resources can play signi?cant role in addressing hazards
and reducing vulnerability of natural disasters, and in handling
post-disaster relief and recovery challenges, are seldom recognized.
Believing that ‘reinventing the wheel not required every time’ is the
notion behind exploring the potential of such provisions which can
be put into practice on various stages of disaster management. The
present module has been developed with the objective to present an
international overview in this context.
National Institute of Disaster Management (NIDM) has been mandated
under the Disaster Management Act for capacity building including
training, research, documentation and policy advocacy on all aspects
of disaster management. The Institute offers wide range of training
programmes speci?c to hazards and crosscutting issues. The module
on “Environmental Legislations for Disaster Management” overview
module is developed under the Indo- German Cooperation project
“Environmental Knowledge for Disaster Risk Management”.
This module cites good examples from across the world along with
reference to the Indian legal framework and disaster management. I
hope this module shall be of signi?cant contribution for generating
awareness regarding the existing environmental legislation and its
implications in disaster management in India.
Dr. Satendra
Executive Director
National Institute of Disaster Management
Delhi, June 2012
1
1.1 Context
India suffers huge losses to life, livelihood, property and environment
due to disasters which sets back development. Our disaster mitigation
strategies and response mechanisms are often hampered by legal
complexities coupled with procedural mysti?cation. Ef?cient legal,
policy and institutional support are therefore indispensable condi-
tions for effective implementation of disaster risk management. Role
of law in disaster management is limited only to the right of a disaster
victim to rescue, relief and rehabilitation. The existing laws, govern-
ment schemes and policies are not yet known to the victims. Even
in its enforcement particularly in the context of natural hazards, the
attitude is of charity by the state. Relief in disasters is not seen as a
fundamental right and entitlement in many countries. Legislation con-
cerning the quality of environment, natural resources and ecosystems,
may offer opportunities for addressing these gaps.
1.2 About the module
The module entitled “Environmental Legislation for Disaster Risk
Management” has been developed under the Project “Environmental
Knowledge and Disaster Risk Management” of the Indo-German
Partnership Programme (IGEP), within the framework of Indo-German
Development Cooperation on behalf of the German Ministry for Eco-
nomic Cooperation and Development (BMZ).
1.3 Structure of the module
This module cites examples of legal and policy framework from across
the world along with special reference to the Indian legal framework
and disaster management guidelines. This module is an overview on
this topic of Environmental Legislation for Disaster Risk Management.
1
Introduction
2
The module is divided into 3 learning units
Learning Unit A: Environment and disaster linkages
Learning Unit B: Environmental legislation for disaster risk manage-
ment
Learning Unit C: Integrating environment and disaster risk manage-
ment
1.4 Aim
The aim of the module is to give the participants an overview of the
environmental legislation, and how the existing legal framework for
environment management can be used for disaster risk management.
1.5 Target group
The module is intended for the use by the of?cials from State Disaster
Management Authority, State Department of Environment, Science
and Technology, Planning Board, Landuse board, Urban development,
Factories, Water Resources, Forest, Agriculture, State Pollution Control
Boards and faculty members of the institutes involved in disaster man-
agement related training, research and capacity building initiatives.
3
2
Learning Unit A
Environment and Disaster Linkages
Objective of this learning unit is to enable the government of?cers,
academia, researchers, NGOs and Civil Society Organisation at national,
state and district level who are involved in disaster management or
environment and natural resource management to understand the
inter-linkages between the state of the environment and disaster
risks . They also need to be familiar with steps or procedures for
actions related to administration or legal matters while executing
better environmental management practices and supporting disaster
management planning process or any other actions related to reduc-
ing risks from disasters.
2.1 Environment and disasters
At the global level, there is a need for having consensus around linking
Disaster Risk Reduction with environmental management. As Disaster
management highlights the interdependence of the economy, envi-
ronment and inclusive development. While the Hyogo Framework
for Action (HFA) calls for efforts to “encourage the sustainable use and
management of ecosystems, through better land-use planning and
development activities to reduce risk and vulnerabilities.” The frame-
work promotes the implementation of “integrated environmental and
natural resource management approaches that incorporate disaster
risk reduction, including structural and non-structural measures, like
the integrated ?ood management and appropriate management of
fragile ecosystems.” In view of the Hyogo Framework of Action (HFA),
the UN-ISDR Global Joint Work programme for 2008-2009 sought to
ensure that “national and local authorities are better equipped to pro-
tect environmental services in coastal areas, ?ood and ?re-sensitive
basins and mountain ecosystems”(UNEP & UNISDR, 2010).
4
Hazards and disasters are two sides of the same coin; neither can be
fully understood or explained from the standpoint of either physical
science or social science alone; and are inextricably linked to the
ongoing environmental changes at global, regional and local levels.
Environmental hazards exist at the interface between the natural
events and human systems. Human responses to hazards can modify
both the natural events, and the human use of, the environment (Fig-
ure 1. Burton et. al.1993). Environmental degradation is a process that
reduces the capacity of the environment for meeting the social and
ecological objectives, and related needs. The potential effects of degrada-
tion varies, and may contribute to increase in vulnerable conditions along
and intensity in occurrence of natural hazards. Some examples include:
land degradation, deforestation, deserti?cation, wildland ?res, loss of
biodiversity, land, water and air pollution, climate change, sea level rise
and ozone depletion etc.
Disasters are events of environmental extremes which are inevitable enti-
ties of this living world. The major environmental changes driving hazards
and vulnerabilities to disasters are climate-change, land-use changes and
degradation of natural resource (Gupta and Nair, 2011). Environmental
causes consequences of disasters are illustrated in Figure 2.
Figure 1: Environmental hazards and interface of natural events system with human use system
(Burton et al., 1993)
5
‘In many countries and regions,
mangrove deforestation is
contributing to ?sheries decline,
degradation of clean water sup-
plies, salinisation of coastal soils,
erosion, and land subsidence, as
well as release of carbon dioxide
into the atmosphere.’
Professor Edward Barbier & Dr.
Mark Cox
Figure 2: Environmental causes and consequences of disasters (UNEP, 2010).
The inter-relationship between environment and disasters is now
widely recognized in terms of the following interfaces (GDRC).:
a. Environmental degradation leading to disasters: Environmental
changes are known to generate or aggravate disasters especially
of hydro-meteorological origin.
b. Environmental degradation causes vulnerability: Environ-
mental degradation causes vulnerability: People are going to be
Photo 1: Degraded mangroves in Vietnam. Source: aquaculturehub.org
6
worsely affected due to decline in
ecosystem services, i.e. the provi-
sional, recreational, regulatory and
supporting services. Environment
degradation reduces biomass
productivity, impacts livelihoods,
water, food, health, housing and
the overall economy, jeopardizing
the coping mechanism and capac-
ity of communities. Low survival
capacities result in high exposure to hazardous locations, social
unrest and conditions that increase disaster impacts.
c. Disasters impact environ-
ment and ecology: Disasters
cause primary and secondary
impacts on the environment,
affecting natural processes,
resources and ecosystems,
thereby creating condi-
tions for future disasters
or for a complex environ-
ment related emergency.
d. Relief & Recovery compromise environmental sustainability:
Aspects related to Environment is compromised during the event
of an disaster management operation and recovery process.
Due to improper disposal of disaster and relief waste, there is
a mis-management of natural resources such as water, or land,
inappropriate use or management of land- mostly ecological
sensitive zones or natural hazard prone zones –?ood plains, and
landscape modi?cations in the case of sanctuaries, national parks,
bio-reserves with introduction of alien species or substances
including organisms.
Photo 2: Deserti?cation, land degradation
and drought are major environmental threats
with serious impacts on human well-being ©
S.Manfredi. Source:http://ies.jrc.ec.europa.eu/
Photo 3: Photo of the National Park Service shows
a coral reef in Faga’alu Bay, American Samoa
that was ?attened by a tsunami September 2009.
Source : Paul Brown / AP
7
2.2 Environmental management and disaster
management cycle
Environment concerns are crucial in all phases of disaster management
and vice versa. Environmental services like shelter, water, food secu-
rity, sanitation, waste management and disease control form crucial
components of emergency relief. Considering disaster risk reduction
as important aspect in all stages of environmental management is
crucial in order to focus on disaster prevention and reduce risk from
hazards, minimization of
impacts, rehabilitation
and overall leading to
sustainability. Opportuni-
ties for integration also
exist in planning and de-
cision making tools, and
in regulatory provisions
pertaining to environ-
mental governance and
disaster management.
Figure 3 : Second Paradigm shift driven by awareness on
climate change and sustainability concerns
BOX 1: Environmental classi?cation of disasters
1) Environmental disasters
– Hydro-meteorological, forest ?re, geophysical, geochemical, biological e.g.
epidemics, pest infestation…., etc.
2) Technological disasters
– Industrial (chemical, electrical, mechanical), nuclear/radiological, aviation,
dam break, mining, structural collapse …., etc.
3) Civil disasters and con?icts
– Civil unrest, strike, war, sabotage, mass poisoning, bomb blast, stampede,
transport accidents.... etc.
* environmental disasters may be of natural origin or human-induced / man-made
and can also trigger a technological disaster or civil strife. On other hand, a techno-
logical mishap or civil disaster may trigger environmental calamity.
8
However, in order to facilitate a strategic and functional understanding
of the linkages between the two, a cross-examination and interpreta-
tion of environmental tools and legislation towards disaster manage-
ment is necessary.
Globally, disaster management has voiced a paradigm shift from
being ‘response & relief’ centric’ approach to becoming a ‘mitigation
and preparedness’ approach. As lessons are drawn from UN-IDNDR a
2
nd
paradigm shift is underway, driven by climate-change awareness
and sustainability concerns in disaster management (Figure 3, Gupta
et. al, 2009). This has resulted in a wider acceptance of the ‘Disaster
Risk Reduction’ as a concept over ‘Disaster Management’, and giving
recognition to the ‘environmental approach that includes disaster
risk reduction and management’, which is now of a prime concern in
disaster management strategies world over.
Environmental management for disaster risk reduction does not
exist as a formal ?eld of practice. Instead, its scope is largely de?ned
by the goals set by organizations working on related issues, such as
ecosystem conservation, , disaster risk reduction and climate change
adaptation and mitigation, etc.
Monitoring and observing environmental factors that signal the onset
of a hazard are fundamental to early warning systems. Environmental
monitoring and assessment play an important role in generating
relevant information that assists in identifying risks, vulnerabilities
and opportunities to promote community resilience (UNEP-UNISDR-
PEDRR,2010). Environmental governance includes policies, legal and
regulatory frameworks and institutional structures, and offers impor-
tant opportunities for mainstreaming disaster risk reduction into en-
vironmental management, and for strengthening the environmental
components of disaster risk reduction. Policy or regulatory frameworks
often specify levels of environmental protection and establish the
means for monitoring and enforcing protection.
9
Environmental approach to disaster risk management aims at utilizing
environmental knowledge and practices in all stages of the risk-cycle
so as to reduce the risk from disaster, and to ensure sustainability in
reconstruction and recovery process. It starts with the under-standing
of the environmental basis of disasters, or in other words – recogniz-
ing disasters as ‘environmental events’(Box 1).
“Human societies cannot be dissociated from the environment that
they shape and which in turn in?uence their development and liveli-
hoods. Together they form a comprehensive system with intrinsic
levels of vulnerability and inherent coping mechanisms. The less
degraded the environmental component of this system, the lower its
overall vulnerability and the higher its coping capacity” (OECD, 2010).
The principles set out in the Hyogo Framework are acknowledged by
the UN-ISDR, which de?nes ten opportunities for environment in the
context of disaster prevention or reduction (UNEP, 2010):
1. Engage environmental managers fully in national disaster risk
management mechanisms;
2. Include risk reduction criteria in environmental regulatory frame-
works;
3. Assess environmental change as a parameter of risk;
4. Utilize local knowledge in community-based disaster risk manage-
ment;
5. Engage the scienti?c community to promote environmental
research and innovation;
6. Protect and value ecosystem services;
7. Consider environmental technologies and designs for structural
defences;
8. Integrate environmental and disaster risk considerations in spatial
planning;
9. Prepare for environmental emergencies; and,
10. Strengthen capacities for environmental recovery.
10
In addressing the relationship between social and environmental
vulnerability and the occurrence of disasters, Wilches-Chaux (1993)
states, “There is no doubt those natural forces play an important role in
the initiation of several disasters, however it is no longer the case that
they can be considered the main cause of such disasters. There seem
to be three fundamentals causes that dominate the disaster processes
in the developing world, which is precisely where their incidence is the
largest”. Environmental and natural resource management are other
key elements in vulnerability reduction; it is essential to place continu-
ous emphasis on implementing long-term environmental measures
(IADB, 1999).
2.3 Disaster management law and environment
Country examples
South Africa’s Disaster Management Act, 2003, predated both the
World Conference on Disaster Reduction and the Hyogo Framework
for Action (2005), has generated particular interest as an example of
international best practice – especially in pro?ling the role of legisla-
tion in driving integration of DRR action across multiple sectors and
disciplines (BCPR, 2004).
India’s National Disaster Management Act, 2005, Chapter 1, Section 2(d)
has recognized ‘…substantial damage to life, human suffering…prop-
erty…and degradation of environment…’ as a ‘disaster’ and considered
the ?ora and fauna including microbes (damages and losses to life),
ecosystems-services, biodiversity, sustainability, environmental-health
Box 2: De?nition of disaster
“Catastrophe, mishap, calamity or grave occurrence in any area, arising
from natural or man-made causes, leading to accident, and resulting in
substantial loss of life or human suffering or damage to, and destruction
of property, or damage to, or degradation of environment, and is of such
a nature and/or magnitude as to be beyond the coping capacity of the
community of the affected area” (Disaster Management Act 2005, India)
11
(human sufferings), natural resources (property), and environmental
quality, climate, bio-productivity (environment) while evolving the
de?nition of ‘disaster’ (Box 2). Simultaneously, interpretation of the
coping capacity contexts ‘community’ as group of populations that
shall include all life forms of the area affected.
13
Objective of this unit is to analyse various environmental laws in rela-
tion to different phases of disaster management in different countries
of the world with special focus on Indian environmental legislation.
3.1 Introduction
Environmental legislation are the strategic tools for enforcing or
regulating the implementation of policy provisions, helping judicial
proceedings, courts and regulatory authorities to ?x the liabilities and
give judgment on penalty, relief or compensation, etc. Environmental
laws include provisions and regulations related to environment and its
constituents, protection and management of natural resources, water,
land, agriculture, forests, wildlife; habitats – protected areas, zoo, parks,
reserves; procedures and planning to safeguard environment; resources
and ecosystems. For environmental clearance, use EIA, audit, risk analy-
sis, land-use and zoning, emergency preparedness; and management
of environmental services - drinking water, sanitation, waste disposal,
preventive-healthcare, including climate mitigation and adaptation etc.
are also part of environmental laws and policies in many countries in-
cluding India. Although these regulations and policies are primarily aim-
ing at attaining environmental quality, resource management related to
procedures, and they have provisions related to Disaster Risk Reduction.
3.2 Environmental legislation
National legislation
a. Constitutional provisions
b. Common laws
c. Statutory laws
d. Customary laws
3
Learning Unit B
Environmental Legislation for
Disaster Risk Management
14
International law (treaty and conventions)
Taking example of India, environmental laws can also be broadly grouped
as below.
a. Laws on environment protection and conservation
b. Laws on pollution and waste management
c. Laws on safety and emergency preparedness
The laws on environmental protection (conservation, pollution and
waste management), are now becoming more relevant in Disaster
Risk Reduction (DRR) in the wake of paradigm shift in disaster man-
agement to pre-disaster risk reduction and post-disaster sustainable
recovery processes. Whereas the safety and emergency preparedness
provide for proper risk assessment, emergency planning and response
organization aims at minimizing the impacts of a disaster event. The
growing emphasis on ‘greening disaster response’ calls for greater
role of environmental law, and related standards and codes ensure
preventive environmental-health (food safety and shelter provisions,
water and sanitation, waste management and control of disease out-
break) so as to avoid secondary disasters and complex emergencies.
3.2.1 National laws
a. Constitutional provisions
Several countries across the world, constitution contains provisions
that establish environmental rights and duties with regard to conserv-
ing natural resources and for prevention of harm to life and health.
Indian constitution has many such provisions related to environment
and human rights. Article 21 of the Indian constitution states “No per-
son shall be deprived of his life or personal liberty except according
to procedure established by law”. The right to life has been employed
in a diversi?ed manner in India. Besides the mere right to survive as a
species, quality of life, the right to live with dignity and the right to live-
15
lihood etc. are also with the purview of Article 21. The Constitution of
India provides that all are equal before the law and shall be accorded
equal protection of the law.
Article 14 states that “The State shall not deny to any person equality
before the law or the equal protection of the laws within the territory
of India. Article 14 can be used to challenge government sanctions
for mining and other activities with high stakes on human rights and
environmental impact, where the permissions are arbitrarily granted
without adequate consideration of environmental impacts.
The Constitution Act of 1976 (Forty Second Amendment) explicitly
incorporated environmental protection and improvement as a part
of state policy. Article 48 A provides that the state shall endeavour to
protect and improve the environment and safeguard the forests and
wildlife of the country. Article 51A (g) imposes a similar responsibil-
ity on every citizen to protect and improve the natural environment
including forests, lakes, rivers and wildlife, and to have compassion for
living creatures. Thus, protection of natural environment and compas-
sion for living creatures was made the positive fundamental duty of
every citizen.
Section 11 of chapter 2 of the South African constitution deals with
the right to life, a non-derogable right. Under section 24 of chapter 2
of the South African constitution, everyone has the right to an envi-
ronment that is not harmful to health or well-being. Section 24 adds
that the government must act reasonably to protect the environment
by preventing pollution and ecological degradation, promoting con-
servation, and securing ecologically sustainable development, while
building the economy and society. Section 24 demonstrates that the
right to a healthy environment is part of the socio-economic right
of people of South Africa applied by the courts to give a meaningful
interpretation to the right to life similar to India.
16
Substantive procedural right to a clean environment is contained in
article II, section 16, of the Philippine Constitution, which states that
“The State shall protect and advance the right of the people to a bal-
anced and healthful ecology in accord with the rhythm and harmony
of nature”.
Article 50 of the Constitution of the Ukraine, adopted in 28 June 1996,
is another good example. It states: “Every person has the right to a safe
and healthy environment and to compensation for damages resulting
from the violation of this right”.
b. Common laws
The term “Common” is derived from the Latin word ‘Lex Communis’ the
body of customary law of England, which is based upon the judicial
decisions.
The Common law continues to be in force in India under Article 372 of
the constitution so far and is not yet altered, modi?ed or repealed by
statutory laws. Under the Common Law, an action might lie for causing
pollution of environment, viz., air, water, or noise if it would amount to
private or public nuisance. The common law remedies against envi-
ronmental pollution are available under the law of Torts. Tort is a civil
wrong other than a breach of trust or contract. The most important
tort liabilities for environmental pollution are under the heads of
nuisance, trespass, negligence and strict liability.
The Indian Penal Code formulated by the British during the British
Raj in 1860, forms the backbone of criminal law in India. The Code
of Criminal Procedure, 1973 governs the procedural aspects of the
criminal law. Indian Penal Code (IPC), 1860 makes various acts affect-
ing environment as offences (Chapter XIV, section 268 and 294 A).
Public health, safety, convenience, decency and morals are dealt under
these sections. IPC also cover the negligent handling of poisonous
substances, combustive and explosive materials. Criminal Procedure
17
Code, 1973 (CrPc) can also be invoked to prevent pollution. Chapter
X, Part B sections 133 to 143 provides the most effective and speedy
remedy for preventing and controlling public nuisance. Section 133
can be used against municipalities and government bodies.
c. Statutory laws
In 2005, the Hyogo Framework for Action (2005–2015) called for nation
states and the international community to ensure that DRR is a national
and local priority with a strong institutional basis for implementation.
The framework identi?ed legislation as a critical component in mov-
ing towards a comprehensive and mainstreamed DRR approach.
‘Adopt, or modify where necessary, legislation to support disaster risk
reduction, including regulations and mechanisms that encourage com-
pliance and that promote incentives for undertaking risk reduction and
mitigation activities’ (UN-ISDR, 2005).
Many countries do not have speci?c legislation for DRR (at least till
recently). Several countries enacted such legislation in last one de-
cade. e.g. India, Sri Lanka, Pakistan etc. However, these countries have a
number of sectoral environmental policies and laws which need to be
taken into account in the DRR framework.
Key environment policies and law may include agriculture, forests
and wildlife, habitat, water, land-use, sanitation, wild?re, etc. Failure
to acknowledge pre-existing sectoral policies with a bearing on DRR
can lead to the alienation of those working in these policy sectors,
generating perceptions of resource competition that can slow down
or stop progress. For example, Kenya has wild?re management legisla-
tion that contributes to prevention, but is not recognized as such in
disaster legislation (Pelling and Holloway, 2006).
Environmental laws and policies in India provide signi?cantly for
DRR in the context of natural disasters, but the environment sector
18
(narrowly recognized for chemical accidents management only),
and rarely represented in the membership of the National Disaster
Management Authority or the Board of the National Institute of
Disaster Management, the two statutory entities on DRR capac-
ity development under the Disaster Management Act, 2005 which
otherwise provides signi?cant consideration of ‘environment’ while
de?ning a ‘disaster’ (Box 2). De?nition of environment as per the
Environmental Protection Act (Section 2(a)). “Environment includes
water, air and land and the interrelation ship which exists among
and between water, air and land and human beings and other living
creatures, plants, micro organism and property”.
Environmental legislation have been contributing to risk reduction
aspects of disaster management and now are emerging to be relevant
for disaster preparedness, relief and recovery strategies due to grow-
ing recognition of ecosystem functions, livelihood issues, water and
sanitation, waste management and environmental health issues,
within the DRR agenda in general, and in particular, while integrating
climate-change adaptation. A list of laws and policies for environmen-
tal protection in India is given in Box 3.
Parliamentarians’ Plan of Action for Making Millennium
Development Goals
.
Programmes Disaster Resilient, Adopted at the Consultative Meeting
for West African Parliamentarians, Dakar, 2 June 2010
19
Box 3: Laws and Policies for Environmental Protection in India
ACTS
• The Indian Forest Act, 1927
• Factories Act, 1948
• Factories Amendment Act, 1987
• Wildlife (Protection) Act, 1972
• The Water (Prevention and Control of Pollution) Act, 1974
• Forest (Conservation), Act, 1980
• The Air (Prevention and Control of Pollution) Act, 1981
• Environment (Protection) Act, 1986
• The Public Liability Insurance Act, 1991
• Biological Diversity Act 2002
• Forest Rights Act, 2006 (Ministry of Tribal Affairs)
• The Cultural Heritage Conservation Bill 2010 ( draft)
• Mine and Mineral Act 2010
• National Green Tribunal Act, 2010
RULES
• The Manufacture, Storage and Import of Hazardous Chemicals
Rules,1989
• Manufacture, Use, Import, Export and Storage of Hazardous Micro-
organisms, Genetically Engineered Organisms or Cells Rules, 1989
• Emergency Preparedness, Planning and Response to Chemical Ac-
cidents Rules, 1996
• Dumping and disposal of fy ash discharged from coal or lignite based
thermal power plants on land, Rules, 1999.
• Bio-Medical Waste (Management and Handling) Rules, 1998
• The Hazardous Wastes (Management and Handling) Rules,1989
• Environment (siting for industrial projects) Rules, 1999
• The Noise Pollution (Regulation and Control) (Amendment) Rules,
2000
• The Municipal Solid Waste (Management & Handling) Rules, 2000
• Hazardous Waste (Management, Handling and Trans-boundary)
Rules, 2008
• Wetlands (Conservation and Management) Rules, 2010
• Guidelines for diversion of forests lands for non-forest purposes under
the Forest (Conservation) Act, 1980
• Plastic Waste (Management and Handling) (Amendment) Rules, 2011
20
Noti?cations
• Coastal Regulation Zone (CRZ) Notifcation (revised 2011)
• EIA Notifcation 1994 (revised 2006)
Policies
• National Forest Policy, 1988
• National Water Policy, 2002
• National Agricultural Policy, 2000
• National Environment Policy 2006
• National Disaster Management Policy, 2009
Other laws
Disaster Management Act, 2005. (recognises damage /destruction of envi-
ronment as disaster)
Law relating to land use zoning, land acquisition,land pooling, resettlement
and rehabilitation also have provisions for environmental protection.
Important environmental laws in the United States are brie?y de-
scribed in Box 4.
BOX 4: Environmental laws in the United States
• Food Quality Protection Act (1996) is to ensure that food quality meets
strict standards for public health protection. Under this law, the Envi-
ronmental Protection Agency is required to better protect infants and
children from pesticides in food and water, and from indoor exposure to
pesticides.
• Food, Agriculture, Conservation, and Trade Act (1990) contains a
title on the conservation of environment intended to protect soil
and water resources, a conservation plan (FACTA90) and includes the
Conservation Reserve Program, the Wetlands Reserve Program and the
Environmental Easement Program to remove agricultural production
in environmentally sensitive areas, including highly erodible cropland,
wetlands, and areas which threaten surface and groundwater quality.
• Water Quality Act (1987), Section 404, have speci?c provisions for
regulating the discharge into waters including marshes and wetlands,
which are associated with activities, such as port development; chan-
nel construction and maintenance; development sites; and water re-
source projects, such as dams, jetties, and levies; land-clearing and soil
deposition, which lead to the change the hydrology; ?ow or circulation
21
of waters, and affect the wetland area.
• Emergency Planning and Community Right-to-Know Act (1986)
requires companies to disclose information about toxic chemicals they
release into the air and water and dispose off on the land.
• Comprehensive Environmental Response, Compensation, and Li-
ability Act (CERCLA) (1980) commonly called as the Superfund Law,
requires cleanup of releases of hazardous materials in air, surface and
groundwater, and on land. The legislation established a trust fund
to pay for cleaning up the environment and the liability for cleanup
costs.
• Surface Mining Control and Reclamation Act (1977) is intended to
ensure that coal mining activity is conducted with suf?cient protection
of the public and the environment, and provides for the restoration of
abandoned mining areas to bene?cial use.
• Fisheries Conservation and Management Act (1976) governs the
management and control of U.S. marine ?sh populations, and is
intended to maintain and restore healthy levels of ?sh stocks and
prevent over harvesting.
• Federal Land Policy and Management Act (1976) provides for pro-
tection of the scenic, scienti?c, historic and ecologic values of federal
lands and for public involvement in their management.
• Resource Conservation and Recovery Act as Amended (RCRA) (1976)
to regulate the disposal of all types of solid wastes, with emphasis on
hazardous waste disposal. Under the law, EPA lists substances that are
considered hazardous when disposed of on land. Act provides the
requirements for treatment, storage, and disposal of the waste.
• Safe Drinking Water Act (1974) establishes drinking water standards
for tap water safety, and requires rules for groundwater protection
from underground injection; amended in 1986 and 1996, added a fund,
and included public “right to know” requirements to inform consumers
about their tap water.
• Endangered Species Act (1973) is to protect and recover endangered
and threatened species of ?sh, wildlife and plants in the United States
and beyond. The law works in part by protecting species habitats.
• Coastal Zone Management Act (1972) provides a partnership struc-
ture allowing states and the federal government to work together
for the protection of U.S. coastal zones from environmentally harmful
overdevelopment. The program provides federal funding to participat-
ing coastal states and territories for the implementation of measures
22
that conserve coastal areas.
• Marine Mammal Protection Act (1972) seeks to protect the species of
marine mammals, many of which remain threatened or endangered.
The law requires wildlife agencies to review any activity that has the
potential to “harass” or kill these animals in the wild. The law is the na-
tion’s leading instrument for the conservation of these species, and is
an international model for such laws.
• National Environmental Policy Act (1970) was the ?rst of the modern
environmental statutes. NEPA created environmental policies and
goals for the country, and established the President’s Council on En-
vironmental Quality. It’s most important feature is its requirement that
federal agencies conduct thorough assessments of the environmental
impacts of all major activities undertaken or funded by the federal
government.
There are several other legislation, for example, Solid Wastes Disposal
(State) Act of US, which provide for protection of drainage systems and low
lying areas from being affected by garbage, dirt or otherwise. Other laws of
concern are the Atomic Energy Act (1954), Oil Pollution Act (1990), Clean Air
Act (1970), Clean Water Act (1972), etc.
(Source: Natural Resources Defence Council, New York,http://www.nrdc.org/reference/laws.asp)
Environmental litigation can take many forms, including civil actions
based on tort, contract or property law, criminal prosecutions, public
interest litigation, enforcement of constitutional rights, international
law, and also involve dealing with trans-boundary issues (Shelton
and Kiss, 2005). Necessary integration of DRR and development goals
have been recognized at national Government level in Nepal in its
National Development Planning, National Policy on Environmental
Adaptation to Climate Change, and National Strategy for Disaster Risk
Management recognizing their interrelatedness (NSET, 2008). In Nepal,
the Water Resources Act, 1993 contains provisions to minimize envi-
ronmental impacts, including soil erosion, ?oods and landslides. This
provision calls for carrying out an EIA study prior to project implemen-
tation (Section 20). The Electricity Act, 1993 also contains provisions to
minimize soil erosion, ?oods, air pollution and damage to the environ-
23
Box 5: Policies related to environment and natural resources in Nepal
• National Conservation Strategy, 1988
• Nepal Environmental Policy and Action Plan, 1993
• Tourism Policy, 1995
• Solid Waste Management Policy, 1996
• Hydropower Development Policy, 2001
• Nepal Biodiversity Conservation Strategy, 2002
• National Wetland Policy, 2003
• Irrigation Policy, 2003
ment (Section 24). The Electricity Rules, 1993 stresses environmental
analysis, which should include environmental mitigation measures to
minimize adverse impacts (Rule 12 and 13).
Environmental governance and its development in Nepal have con-
tributed towards disaster risk reduction and climate-change adapta-
tion framework as well. The Environment Protection Act, 1996 (Nepal)
envisaged for the ‘Development of Environmental Action Plans’ at
various levels of governance has provided an umbrella framework to
the ‘disaster prevention and mitigation’ and it’s mainstreaming into
developmental planning. Decision-making, plans and programmes
for environmental protection and natural resource management, and
thereby inducted provisions for disaster mitigation and resilience in
Nepal, are guided by a number of environment-related policies (Box 5).
Box 6: Acts and rules on environment in Sri Lanka
• National Environmental Act No. 47 of 1980 (broad framework on envi-
ronmental protection including Environmental Impact Assessment)
• Forest Ordinance No. 16 of 1907
• State Lands Ordinance No. 8 of 1947 (lands and management of re-
sources, including lakes, rivers and streams)
• Irrigation Ordinance No. 32 of 1946 (environmental aspects of water,
irrigation and land use in agriculture)
• Water Resources Board Act No. 29 of 1964 (afforestation, pollution of
24
In Sri Lanka, Acts and Rules on environment signi?cantly provide for
disaster risk mitigation and ecological sustainability in disaster manage-
ment actions. Important environmental laws of Sri Lanka are given in
Box 6.
e. Customary Law
Customary law is an important source of international environmental
law. These are norms and rules that countries and communities follow
as a matter of custom and they are so prevalent that they bind the
states. When a principle becomes customary law is not clear cut and
many arguments are put forward by states not wishing to be bound.
Examples of customary international law relevant to the environment
include the duty to warn other states promptly about icons of an
environmental nature and environmental damages to which another
state or states may be exposed, and Principle 21 of the Stockholm
Declaration (‘good neighbourliness’ or sic utere).
Customary law, by de?nition, is a non-state legal system that paral-
lels the substantive and procedural functions of the state made
laws. Unlike State laws, these emerge from within the community and
command social acceptance and observance. Statutory law is uniform
whereas customary law is an adaptive, ?exible, evolving body of
rivers, streams and other water courses, use of water resources)
• Coast Conservation Act No. 57 of 1981 as amended (Coastal Zones and
activities within such zones)
• Soil Conservation Act No. 25 of 1951 (conservation of soil resources,
mitigation of soil erosion and the protection of lands against ?ood and
drought)
• Plant Protection Act No. 35 of 1999 (plant diseases, pests, wild plants
and invasive species)
• Felling of Trees (Control) Act No. 9 of 1951
• Flood Protection Ordinance No. 4 of 1924 as amended (protection of
areas from ?ood damage and declare a ?ood area).
• Urban Development Authority Law No. 41 of 1978.
25
norms and rules governing the behaviour of communities. While the
former is for the community latter is in the community.
Recognition of the importance of customary laws in India is evident
from the enactment of The Provisions of the Panchayat (Exten-
sion to Scheduled Areas) Act, 1996 (PESA) and the Forest Rights Act
(2006). The provisions of the Panchayat have been extended to the
Scheduled Areas with exceptions and modi?cations as speci?ed in
the Extension Act. One of the important features of PESA is that it ac-
knowledges the competence of Gram Sabha, the formal manifestation
of a village community, to ‘safeguard and preserve the traditions and
customs of the people, their cultural identity, community resources
and the customary mode of dispute resolutions. A good example of
speedy and ?exible redressal under customary law can be found in
Box 7 Few examples of Case law,Guiding laws,
standards and codes
Case laws
Judgments and directives of the courts, while deciding on a case involving
environmental concern, right or violation, are important contributions to
environmental jurisprudence and become part of environmental law for
reference in future litigation. These also contribute to the development
of environmental law and induct the process of amendments in speci?c
contexts. Court’s decision on ‘The right to live in a healthy and balanced
environment’ (in cases, viz. Asociacion Para la Proteccion de Medio Ambi-
ente y Educacion Ecologica ‘18 de Octubre’ v Aguas Argentinas S.A. & otros,
Federal Appellate Tribunal of La Plata (2003); Kattan, Alberto and Others v.
National Government, Juzgado Nacional de la Instancia en lo Contencioso
administrativo Federal. No. 2, Ruling of 10 May 1983, La Ley, 1983-D, 576) are
examples of case laws. The clashing interests of forests and agriculture set
the stage for Sibaji Waiswa v. Kakira Sugar Work Ltd (High Court of Uganda,
Jinja, No. 6/2001). While the main suit over the Butamira Forest reserve was
pending, respondent entered the disputed forest reserve, uprooted trees
and routinely destroyed seed nurseries, resulting in an irreparable dam-
age to the environment. The Court held that an award of damages alone
could not adequately compensate for the alleged environmental damage
(Shelton and Kiss, 2005).
26
Guiding laws, standards and codes
These are non-binding laws, and may be supported or prescribed
by the regulations but are not regulations in itself. Quality standards
often vary according to the particular use made of the environmental
resource. For example, different water quality standards may be set
for drinking water and water used for bathing and ?shing. Quality
standards also can vary in geographic scope, covering national or
regional zones, or a particular resource, such as a river or lake, but each
quality standard establishes base norms against which compliance
or deviance are measured. Standard methods of American Water
Works Association (APHA/AWWA) and WHO water quality standards
were referred worldwide, whereas, Sphere standards are recognized
in minimum relief in disasters. In India, a number of Environmental
Standards and Codes/Standard Procedures are developed by the
Bureau of Indian Standards (BIS), Central Pollution Control Board
(CBCB), Indian Council of Medical Research (ICMR), Indian Bureau of
Mines (IBM), Directorate General of Factory Advice Service & Labour
Institutes (DGFASLI), and Geological Survey of India (GSI).
the Nishi case from Arunachal Pradesh, India. The village headmen
had constituted a volunteer force to monitor any illegal activities
in the community forest.
3.2.2 International law
International law is considered the supreme body of law by interna-
tional tribunals and in international relations. International law may
be considered persuasive in interpreting constitutional or statutory
provisions. The jurisprudence of international tribunals also can be
considered in this context. In Andhra Pradesh Pollution Control Board-
II v. Prof. M.V. Nayudu & Others [2001] 4 LRI 657, Sup. Ct. India, the Court
referred to the Declaration of the United Nations Water Conference,
the International Covenants on Civil and Political and Economic, Social
and Cultural Rights, and the Rio Declaration on Environment and
Development as persuasive authority in implying a right of access to
27
drinking water as part of the right to life in the Indian Constitution.
The main principles of international environmental law are found in
treaty law (The Brundtland Commission). ‘Legal regimes are rapidly
outdistanced by the accelerating pace and scale of impacts on the en-
vironmental base of development.’ Law must be reformulated to keep
human activities in harmony with the unchanging and universal laws
of nature (Brundtland, 1987). On occasion, courts have looked to trea-
ties for the meaning of unde?ned terms in national law. In Ramiah and
Autard v. Minister of the Environment and Quality of Life (Mar. 7, 1997),
the Mauritius Environment Appeal Tribunal looked to the Ramsar Con-
vention for a de?nition of wetlands, even though the convention had
not yet been rati?ed by Mauritius. The Ministry of Environment agreed
that the Convention provided guidance on the issue.
The sources of international law that may become domestic law
through incorporation generally include those sources as listed under
Article 38 of the Statute of the International Court of Justice. The Stat-
ute refers to (a) international conventions, (b) international custom, (c)
general principles of law, and, (d) judicial decisions and doctrine, as
subsidiary persuasive sources.
3.3 Principles of environmental law
Sustainable Development
Most commonly accepted and cited de?nition is of sustainable de-
velopment is that of the Brundtland Commission on Environment
and Development, which stated in its 1987 Report, that sustainable
development is development that meets the needs of the present
without compromising the ability of future generations to meet
their own needs. The parameters of sustainable development are
clari?ed in Agenda 21 and the Rio Declaration, both adopted at
UNCED.
28
Inter-Generational and Intra-Generational Equity
Equity is central to the attainment of sustainable development. Principle
3 of the 1992 Rio Declaration states that “The right to development must
be ful?lled so as to equitably meet developmental and environmental
needs of present and future generations; and Rio Principle 5 provides
that all States and all people shall cooperate in the Essential task of
eradicating poverty as an indispensable requirement for sustainable
Development, in order to decrease the disparities in standards of living
and better meet the needs of the majority of the people of the world.
Equity thus includes both inter-generational equity (i.e. the right of
future generations to enjoy a fair level of the common patrimony) and
intra-generational equityî (i.e. the right of all people within the current
generation to fair access to the
current generations entitlement to the Earth’s natural resources). The
concept of equity is also embodied in the United Nations Millennium
Goals (e.g. the Eradication of Poverty) and Millennium Declaration (e.g.
paragraphs 6, 11 and 21).
Precautionary Principle
Precautionary principle is essential to protecting the environment (in-
cluding human health) and is accordingly one of the most commonly
encountered concepts of international environmental law. 1992 Rio
Declaration , Principle 15 states that “ In order to protect the environ-
ment, the
Precautionary approach shall be widely applied by States according
to their capabilities. Where there are threats of serious or irreversible
damage, lack of full scienti?c certainty shall not be used as a reason
for postponing cost-effective measures to prevent environmental
degradation”.
The Polluter Pay Principle
29
The ‘polluter pays principle’ states that whoever is responsible for
damage to the environment should bear the costs associated with it.
Principle 16 of the Rio Declaration, 1992 provides “ National authorities
should endeavour to promote the internalization of environmental
costs and the use of economic instruments, taking into account the
approach that the polluter should, in principle, bear the cost of pol-
lution, with due regard to the public interest and without distorting
international trade and investment”.
3.4 International environmental law and India’s
obligations
India has obligations under numerous international treaties and
agreements related to environment. As a party India either have
rati?ed a treaty by adopting it as a national law before it came into
force or by acceding to it after come into force. A treaty will come into
into force the requisite number of countries must ratify the treaty.
Some of the most important global treaties are The Antarctic Treaty
(1961) , Ramsar Convention (1971), Stockholm declaration on Human
Environment (1972), World Heritage Convention (1972), Convention
on International Trade of Endangered Species (1973), United Nations
Convention on the Law of the Sea (1982), Vienna Convention for the
Protection of the Ozone Layer (1985), and its 1987 Protocol; Basel
Convention (1989), Climate Change Convention (1992); Convention
to Combat Deserti?cation (1994), Biodiversity Convention, (1992),
Rio declaration on Environment and development (1992), Rotterdam
Convention on the Prior Informed Consent Procedure for Certain
Hazardous Chemicals and Pesticides in International Trade (1998),
Stockholm Convention on Persistent Organic Pollutants (2001), The
Johannesburg declaration on Sustainable Environment (2002).
The Convention on Wetlands (Ramsar, Iran, 1971) is an intergovern-
mental treaty whose mission is “the conservation and wise use of all
wetlands through local, regional and national actions and international
cooperation, as a contribution towards achieving sustainable develop-
30
ment throughout the world”. The concept of precaution operates as part
of a science-based approach to regulation, with no substitute for such
an approach where perceptions on disaster risk and vulnerability have
been addressed in international law. “The likelihood of environmental
harm” (e.g., the Rio Declaration Principle 15 uses “where there are
threats;” the 1996 Protocol to the London Dumping Convention Article
3 uses “reason to believe [dumping] is likely to cause harm”); “the extent
of environmental harm” (e.g. Biosafety Protocol Articles 10 and 11 use
“potential adverse effects;” U.N. Framework Convention on Climate
Change Article 3 uses “threats of serious or irreversible damage”).
Stockholm Declaration on the Human Environment 1972 is a
landmark in international relations as it placed the issue of protection
of biosphere on the of?cial agenda of policy and law of the member
states. Environmental law instruments that link the environment and
human rights began to appear as early as 1972, in the Stockholm Dec-
laration on Human Environment, which states that “Man has the fun-
damental right to freedom, equality and adequate conditions of life, in
an environment of quality that permits a life of dignity and well being”.
Environmental Protection and development were conceptualised
as two sides of a coin inseparable from each other. Hence Environ-
mental protection was an essential element of social and economic
development. Principle 1 of the declaration provides that man has the
fundamental right to freedom, equality and adequate conditions of
life in an environment of quality that permits a life of dignity and well-
being and he bears the sole responsibility to protect and improve the
environment for present and future generations. Principle 6 provides
for the discharge of toxic substances that can cause serious or irrevers-
ible damage to ecosystems must be halted. Principle 15 provides that
planning must be applied to human settlements and urbanisation
with a view of avoiding adverse effects on environment. Principle
18 incorporates the “precautionary principle” which propagates the
avoidance of environmental risks. Principles of the Stockholm Declara-
tion on Human Environment have many provisions on risk avoidance,
31
risk reduction and integration of environment as a part of the Disaster
Risk Reduction and Sustainable Development.
The Vienna Convention for the Protection of the Ozone Layer
(adopted, 1985, entered into force, 1988) to protect human health
and the environment against adverse effects resulting from human
activities: The ultimate objective of the Convention is to protect hu-
man health and the environment against adverse effects resulting
from human activities which modify or likely to modify the ozone layer
and urges the Parties to take appropriate measures in accordance
with the provisions in the Convention and its Protocols which are in
force for that Party. The Montreal Protocol on Substances that Deplete
Ozone Layer adopted, 1987; entered into force, 1989, provides for the
control on production of ozone depleting substances: The Montreal
Protocol on Substances that Deplete Ozone Layer is a protocol under
the Vienna Convention. The Protocol controls the production and
consumption of the most commercially and environmentally signi?-
cant ozone-depleting substances - those listed in the Annexes to the
Protocol. One feature of the Montreal Protocol which makes it unique
is Article 6 that requires the control measures to be revised at least
every four years (starting 1990), based on the review and assessment
of latest available-information on scienti?c, environmental, technical
and economic aspects of the depletion of ozone layer
The Basel Convention on the Control of Transboundary Move-
ments of Hazardous Wastes and their Disposal was adopted on
22 March 1989 by the Conference of Plenipotentiaries in Basel, Swit-
zerland, in response to a public outcry following the discovery, in the
1980s, in Africa and other parts of the developing world of deposits
of toxic wastes imported from abroad. The overarching objective of
the Basel Convention is to protect human health and the environment
against the adverse effects of hazardous wastes. Its scope of applica-
tion covers a wide range of wastes de?ned as “hazardous wastes”
based on their origin and/or composition and their characteristics,
32
as well as two types of wastes de?ned as “other wastes” - household
waste and incinerator ash.
The Biodiversity Convention provides a number of general obliga-
tions for member states. These include in particular a commitment to
develop national strategies, plans or programmes for the conservation
and sustainable use of biological diversity. Conservation under the
Convention is to be achieved in two ways. Firstly, the Convention em-
phasizes on Insitu conservation which proposes the conservation of
genes, species and ecosystems in the surroundings where they have
developed their distinctive properties. The In-situ and Ex-situ con-
servation implies among other things of the development of guide-
lines for protected areas; the regulation of biological resources; the
promotion of the protection of ecosystems, natural habitats and the
maintenance of viable populations of species in natural surroundings;
the promotion of environmentally sound and sustainable develop-
ment in adjacent areas; the rehabilitation and restoration of degraded
ecosystems and the promotion of the recovery of threatened spe-
cies; controlling the risks associated with the use of living modi?ed
organisms; controlling alien species; seeking compatibility between
present and future use; developing necessary legislation to protect
threatened species or populations; regulating any processes or activi-
ties found to have an adverse impact; and providing ?nancial support
for in situ conservation, especially in developing countries. Secondly,
supplementary ex-situ conservation outside the natural habitats of
the protected biodiversity components has also been proposed. Ex
situ conservation requires the use of gene banks and zoological and
botanical gardens to conserve species, which can contribute to saving
endangered species. CBD de?nes biotechnology and provides on the
widespread and potential risks associated with the handling and in-
troduction into the environment of living modi?ed organisms (LMOs).
The need to promote bio-safety has centred on two related issues: (1)
protect workers and prevent accidental liberation into the surround-
ing ecosystem, and (2) regulatory systems to govern the deliberate
33
release of LMOs into the environment. A risk assessment report as part
of a regulatory process has been envisaged.
The United Nations Framework Convention on Climate Change is
concerned with greenhouse warming. The Protocol to the UN Frame-
work Convention adopted in Kyoto on December 11, 1997 speci?ed
different goals and commitments concerning emission of greenhouse
gases. The potential adverse effects of climate-change have been
characterized as changes in the physical environment or biota which
have signi?cant deleterious effects on the composition, resilience or
productivity of natural and managed ecosystems or on the operation
of socio-economic systems or on human health and welfare (U.N.
Framework Convention on Climate Change (New York, May 9, 1992),
Art. 1. IPCC formation). Article 3(3) of the Convention refers to minimiz-
ing the cause and mitigating adverse effects, with obligations (articles
4 and 12) for inventory of emissions, sinks and reservoirs, technology
transfer, coastal zone management and research cooperation.
The Rio Declaration states that the only way to achieve long-term
economic progress is to link it to environmental protection. Therefore,
nations must establish a new and equitable global partnership involv-
ing governments, populations and key sectors of societies and build
international agreements that protect the integrity of the global envi-
ronment and the development system. The Rio declaration thus reaf-
?rms and builds upon the declaration of the United Nations Confer-
ence on the Human Environment, adopted in Stockholm 1972 where
there was a presence of many world leaders from 179 countries. The
UNECD in Rio underlined that thinking of environmental, economic
and social development as isolated ?elds is no longer possible. At the
Earth Summit major international treaties and agreements were made
on issues of global climate change, biological diversity, deforestation,
and deserti?cation. In addition the Rio Declaration contains funda-
mental principles on which nations can base their future decisions
and policies, considering the environmental implications of socio-eco-
34
nomic development. Principle 6 states that the special situation and
needs of developing countries, particularly the least developed and
those most environmentally vulnerable, shall be given special priority.
International actions in the ?eld of environment and development
should also address the interests and needs of all countries. Principle
7 states that “States shall cooperate in a spirit of global partnership to
conserve, protect and restore the health and integrity of the Earth’s
ecosystem”. According to Principle 13, “States shall develop national
law regarding liability and compensation for the victims of pollution
and other environmental damage. States shall also cooperate in an
expeditious and more determined manner to develop further inter-
national law regarding liability and compensation for adverse effects
of environmental damage caused by activities within their jurisdiction
or control to areas beyond their jurisdiction”. Principle 18 states that
“States shall immediately notify other States of any natural disasters or
other emergencies that are likely to produce sudden harmful effects
on the environment of those States. Every effort shall be made by the
international community to help States so af?icted.
Agenda 21 was adopted at the Earth Summit 1992 in Brazil by nations
representing over 98% of the Earth’s population, it is the principal
global plan to confront and overcome the economic and ecologi-
cal problems of the late 20th Century. It provides a comprehensive
blueprint for humanity to use to forge its way into the next century by
proceeding more gently upon the Earth. As its sweeping programs are
implemented world-wide, it will eventually have an impact on every
human activity on our planet. Deep and dramatic changes in human
society are proposed by this monumental historic agreement. Under-
standing those changes is essential to guide us all into the future on
our fragile planet. Seven Central Themes of Agenda 21 include 1.The
Quality of Life on Earth, 2. Ef?cient use of the Earth’s Natural Resources,
3. The Protecting of our Global Commons, 4.Management of Human
Settlements, 5. Chemicals and the Management of Waste, 6.Sustain-
able Economic Growth and 7. Implementing Agenda 21. Chapter 3 on
35
the ef?cient use of the Earth’s natural resources deals with different
types of resources, detail reasons for protecting them, and bene?ts
associated with resource protection. Areas of concern include: sus-
tainable agriculture, water, energy, bio-diversity, and bio-technology
.Forests, Deserts and drought and mountain ecosystems are given
special importance.
Salient principles of “sustainable development “ as culled out from
Brundtland Report, Rio- declaration and Agenda 21 are (i) Intergen-
erational Equity (ii) Use and conservation of Natural resources (iii)
Environmental Protection (iv) The Precautionary Principle (v) Polluter
Pays Principle (vi) Obligation to Assist and Cooperate (vii) Eradication
of Poverty and (viii) ?nancial assistance to developing countries . These
principles are important in achieving disaster risk reduction as well.
Responsibility of transboundary harm
Principle 22 of the Stockholm Declaration provides that states are to
“cooperate to develop further the international law regarding liability
and compensation for the victims of pollution and other environmen-
tal damage caused by activities within the jurisdiction or control of
such States to areas beyond their jurisdiction. Twenty years later,
Principle 13 of the Rio Declaration called on States to develop national
law regarding liability and compensation for victims of pollution and
other environmental damage. Principle 2 provides that “States have, in
accordance with the Charter of the United Nations and the principles
of international law, the sovereign right to exploit their own resources
pursuant to their own environmental and developmental policies, and
the responsibility to ensure that activities within their jurisdiction or
control do not cause damage to the environment of other States or of
areas beyond the limits of national jurisdiction”.
3.5 Environmental provisions for DRR in national laws
Almost all the environmental laws provide for facilitating or sup-
porting actions that either directly or indirectly helpful in reducing
36
the intensity and frequency of hazards and vulnerabilities, risks and
in improving post-disaster emergency management and recovery
process.
Examples of environmental law on certain key references of environmen-
tal approach within DRR procedures or guidelines are given hereunder:
People’s environmental rights and sustainable systems of natural re-
source management hold the key of vulnerability control and natural
hazard mitigation. Among states of Latin America, Argentina deems
the right to environment a subjective right entitling any person to
initiate an action for environmental protection. In Irazu Margarita
v. Copetro S.A., Camara Civil y Comercial de la Plata, Ruling of 10 May
1993 (available at www.eldial.com), the court said: “The right to live in a
healthy and balanced environment is a fundamental attribute of people.
Any aggression in the environment ends up becoming a threat to life
itself and to the psychological and physical integrity of the person”.
“African Charter on Human and Peoples Rights” (1981) was the ?rst
international human rights instrument to contain an explicit guaran-
tee of environmental quality. Subsequently, the American Convention
on Human Rights included the right of everyone to live in a healthy
environment (Articil. 11).
Land use controls form an important part of the environmental laws for
both urban and rural areas, through zoning, physical planning, and the
creation of protected areas. Zoning helps distribute harmful activities
in order to limit potential damages and allow different legal rules from
zone to zone for more effective protection. In Alabama, numerous fed-
eral and state laws contain provisions affecting agricultural land use and
land use patterns (LaParde and Hairston, 2004). Zoning helps implement
the concept of environmental justice by ensuring that the bene?ts and
burdens of resource use are shared throughout the society, and thereby,
reduce people’s vulnerability to hazards. Bene?ts from urban agriculture
37
in economical, social, and environmental terms are envisaged in the
Michigan Right to Farm Act. Pre-emption of Detroit Zoning provides for
adopting an ordinance for ‘environmental site assessment’ for agricul-
ture and related activities in urban areas (Meyer, 2011).
In India, National Resettlement and Rehabilitation Policy, 2007, and the
Proposed Land Acquisition, and Rehabilitation and Resettlement Bills
also provide for ef?cient management of land use and land resources.
A recent initiative on River Regulation Zone for ?ood risk management
is underway in India’s Ministry of Environment and Forests (Box 8).
The Sun Prairie Zoning Regulations - Chapter 7 (Town of Windsor ETJ
Area) is focused on natural resource protection, and provides for perma-
nently protected open spaces, mitigation standards, natural resource
site evaluation, and residential and non-residential minimum standards
including Green Space Ratios (GSR) and Landscape Surface Rations
(LSR) related to State of Wisconsin Statures 62.231; Dane County Code of
ordinances pertaining to ?oodplains++. It prescribes for drainage ways
protection, pollutants and sediments control, in?ltration and ground-
water recharge, and habitat for water/land margin with emphasis on
BOX 8: River Regulation Zone Noti?cation
The High Court in Allahabad (India) recently issued a directive for the halt
of construction activities and provided for the regulation of construction
activities to encroachments within 500 metres of the (Ganga) river’s high-
est ?ood level (Seth, 2011). As of now, there is no regulation to protect
?oodplains from encroachment, where lives are at risk when rivers are in
?ood. Inevitable is the loss of its ecology as well as groundwater recharge
zones. Union Ministry of Environment and Forests is attempting to notify a
River Regulation Zone (RRZ) noti?cation on the lines of the Coastal Regula-
tion Zone noti?cation, and seeks to regulate activities within 500 metres
from the boundary of the ?oodplain. A primary objective of notifying
RRZ is to protect people from ?oods and to protect the river system from
anthropogenic hazards.
38
soil erosion prevention, vegetative cover and runoff ?ows. It provides
for steep slope protection with environmental measures, re-vegetation
and ?ood risk reduction (Section 13W-7-8), and ridge top protection
with environmental protection and site stabilization using mixed ap-
proach of biological and engineering methods (Section 13W-7-9).
Ecosystems contain a complex interrelationship of species and func-
tions, governed by natural rules leading towards equilibrium. The
diversity of ecosystems is itself an essential part of biological diver-
sity (Shelton and Kiss, 2005). An International Treaty on Plant Genetic
Resources for Food and Agriculture (Rome, Nov. 3, 2001) recognizes
the sovereign rights for the conservation and sustainable use of plant
genetic resources, in harmony with the Convention on Biological Di-
versity, for sustainable agriculture and food security. Many states have
enacted laws to designate and protect wetlands. The Ramsar Conven-
tion on Wetlands of International Importance (Feb. 2, 1971) was the
?rst treaty based entirely on the idea that habitat should be the focus
of protection.
The Ministry of Agriculture, Irrigation and Livestock in Afghanistan is
currently developing the Forest Law and the Rangeland Law, both of
which will become law, once approved by the National Assembly. The
Ministry is also drafting hunting and wildlife regulations, which will be
issued under the Environment Law (Shelton and Kiss, 2007).
In Belgium, protected areas are legal persons and can be represented
in litigation tending to their rehabilitation (Cour correctionnelle de
Bruges, Belgique), September 16, 1998, O.M. et Réserves naturelles
v. E.R., Luc Lavrysen, p.571). India’s Forest Conservation Act of 1980
(amended 1988) restricts assigning any forest land to any private
person for any non-forest purposes.
The National Heritage Wilderness Area Act No. 3, 1988 (Sri Lanka)
and, Fauna and Flora Protection Ordinance, 1993 (amendment) sig-
39
ni?cantly provide for coastal reserves, protection areas of catchments,
and forest possessing unique ecosystems, and thereby, for mitigation
of hazards and reduction of ecological vulnerability towards risk of
hydro-meteorological disasters. Indian Fisheries Act, 1897, provides for
prohibition of explosions and poisoning of waters for destruction of
?shes.
In the Philippines, the passing of the Disaster Risk Reduction and
Management Law in 2010 and the Climate Change Law in 2009 re?ect
signi?cant advancements in orienting DRM towards a risk reduction
and resilience approach. This has been hard won by a multitude of
stakeholders. Supported by the context of participatory governance
and the culture of ‘accountability’, important lessons have been
emerging from the Philippines from efforts to hold the government to
account on its DRR responsibilities (Polack et al., 2010). Environmental
law, thus, not only provides for ‘accountability’ of actions but also helps
make decisions and negotiations in trans-boundary implications of a
major hazard or its effects. Informational rights are widely found in
environmental treaties and regional agreements, including the 1992
Helsinki Convention on the Protection and Use of Transboundary
Watercourses and International Lakes (Art. 16), the 1992 Espoo Con-
vention on Environmental Impact Assessment in a Transboundary
Context (Art. 3[8]), and the 1992 Paris Convention on the North-East
Atlantic (Art. 9).
Environmental regulations provide for the application of environmen-
tal assessment and evaluation tools help reduce the risk of disasters
by generating knowledge of the hazards and underlying causes
of vulnerability within the process of planning itself. EIA became a
regulatory provision with National Environmental Protection Act in
1969 (USA). Environmental clearance of major developmental and in-
dustrial projects in India as per EIA noti?cation (1994, 2006) under the
Environmental Protection Act, 1986, speci?cally requires (a) Environ-
ment Impact Assessment Report, (b) Environment Management Plan
40
including a disaster management plan, and (c) Rehabilitation plans
(wherever necessary) for assessing the case.
Several environmental laws provide for conservation and manage-
ment of water environment. Water (Cess) Act, 1977, in India, prescribed
for collection of charges for withdrawal of water from the environment.
The 77
th
Texas legislature passed in 2001 (amended Section 11.32 of
the Texas Tax Code) allows exemption from tax on water conservation
modi?cations, it has been made for (i) City of Austin – to buy rain
barrels at subsidized rates and avail rebate for the installation of ap-
proved cistern systems, and (ii) City of San Antonio - rebate for new
water-saving equipment including rainwater harvesting systems. The
Kerala Municipality Building Rules, 1999 (amended 2004) provide for
rainwater harvesting structures in all new constructions. Tamil Nadu
Municipal Laws Ordinance, 2003, made rainwater harvesting manda-
tory for all buildings, both public and private, in the state. The Andhra
Pradesh Water, Land and Trees Act, 2002, aims at promoting land
conservation; tree cover; protecting, conserving and regulating the
exploitation and use of water, environment and matters connected
therewith.
“Tourism is like ?re. It can cook your food or burn your house down”
(Quote by R. Fox on UNEP website), illustrates the complex rela-
tionship between environment and tourism – tourism being the
world’s biggest industry and its concern within DRR framework.
Tourism activities can reduce people’s vulnerability by creating
livelihood opportunities and resources, and on the other hand, they
can create harmful effects on environment causing or aggravating
hazards, exposure and threat of disaster. Three main environmental
effects of tourism are: depletion of natural resources, pollution, and
physical impacts. A number of countries have developed regula-
tory provisions to address the environmental effects of tourism. For
example, Australia’s Environmental Planning and Assessment Act,
1979, deals with the construction of tourist facilities.
41
Air pollution is responsible for the green-house effect and decrease
in CO
2
sink. This together accelerated the phenomenon of climate-
change implications driving hydro-meteorological disasters. Be-
sides, more than 500,000 people in Asia die every year from diseases
related to air pollution (Shelton and Kiss, 2005). Air pollution is the
introduction, directly or indirectly, of substances or energy into the
air, resulting in deleterious effects of such an environment as to
endanger human health, harm living resources and ecosystems and
material property, and impair or interfere with amenities and other
legitimate uses of the environment. Climate and climatic processes
including formation of clouds, winds, transport and dispersion,
rainfall patterns including primary impact of climate-change and
heat-island effect, etc., thus, relate to the uses of environment in the
troposphere. Authorization, licensing, and standard of allowable
limit, are the most widely adopted legal techniques for combating
air pollution.
The Netherlands was the ?rst state in Europe to have speci?c legisla-
tion on soil protection in 1987, to protect the functions of the soil
BOX 9: Coastal zone management in Malaysia
In case of Malaysia, there are nine regulations related to the coastal zone,
and each of them provides opportunities for integrating DRR. These legis-
lation are:
a) Environmental Quality Act 1974;
b) Town and Country Planning Act 1976;
c) Merchant Shipping Ordinance 1952;
d) Land Conservation Act 1960;
e) National Land Code 1965;
f ) Street, Drainage and Building Act 1974;
g) Fisheries Act, 1985;
h) Guidelines for the Approval and/or Implementation of Development
Projects within the Coastal Zone (General Administrative Circular No. 5
of 1987);
i) National Forestry Act 1984.
42
through conservation and restoration and to regulate pollution
sources. After the Council of Europe adopted the European Soil
Charter in 1972 (Committee of Ministers, Res. (72)19 of May 30, 1972),
the UN Food and Agriculture Organization proclaimed a World Soil
Charter on November 25, 1981. Both documents contain guidelines
for action and basic principles, and land use programs for ensur-
ing productivity and avoiding the loss of productive soil. Agenda
21 devoted ?ve chapters to different aspects of soil conservation
respectively related to planning and management of land resources,
deforestation, deserti?cation, sustainable mountain development,
and agriculture and rural development. The ?rst treaty exclusively
dedicated to soil was adopted on October 16, 1998 as a protocol to
the November 7, 1991 Convention Concerning the Protection of the
Alps, 31 I.L.M. 767, where parties recognized soil erosion as a problem
in the Alpine region.
The U.S. enacted its Resource Conservation and Recovery Act to
regulate, among other things, the land disposal of waste in 1976, and
its so-called “Superfund” legislation in 1980. Protection of soil to some
extent appears in forestry laws that are designed to avoid erosion and
consequential ?ooding. A few cases have been decided (for example,
the Environment Appeal Tribunal of Mauritius, Case No. 03/01, Mrs.
Jamamloodeen Dulloo v. Minister of Environment). The U.N. adopted
the ?rst international treaty concerning one aspect of soil protection,
Malaysia has also made the policy commitment and developed correspond-
ing initiatives related to CZM. Eight policy commitments and initiatives can
be identi?ed: the Malaysia Plans, National Coastal Erosion Strategy 1987,
State Structure Plans and Local Plans, National Agriculture Policy 1990-
2010, National Forestry Policy 1978, National Biodiversity Policy 1998, Draft
National Tourism Master Plan, and Draft Policy on Integrated Coastal Zone
Management 1991. These policies are either cross sectoral or sectoral in na-
ture and are in line with international commitments on protecting coastal
resources and implementing a sustainable development approach.
43
the problem of deserti?cation, on June 17, 1994. The United Nation
Convention to Combat Deserti?cation de?nes deserti?cation as land
degradation in arid, semiarid and dry sub-humid areas resulting from
various factors, including climatic variations and human activities.
Despite the ecological richness and the contribution to economy,
coastal and marine areas are under stress due to increased com-
mercial exploitation, biotic and abiotic pressure, urbanization and
industrialization, infrastructure growth and impacts of climate-
change. This is affecting the coastal ecology, and thereby, the liveli-
hood, health and well-being of the coastal population; affecting
in turn prospects for sustained economic growth. Coast is subject
to severe hazards including weather events, tsunami, oil spills,
erosion, ?ooding, drought, etc. and resilience of the communities
to extreme weather variability had been low, mostly because of
impoverishment. Countries like Jamaica, developed policies and
laws to address the challenge. Examples of such policy initiatives
are: Mangrove and Coastal Wetland Protection Policy (1996), Coral
Reefs Protection and Preservation Policy (1996), Protected Areas
Policy (1997), and EIA provisions. World Bank’s Environmental and
Social safeguard policies are applicable for the projects, and the
projects have been designed according to the principles and
requirements of these policies. These principles and requirements
are: (i) Environmental Assessment, OP 4.01, (ii) Natural Habitat, OP
4.04, (iii) Indigenous Peoples, OP 4.10, (iv) Cultural Property, OP
4.11, (v) Involuntary Resettlement, OP 4.12, and (vi) Forests, OP 4.36.
Furthermore, since both coastal ecosystem services and DRR come
into play in the wide range of policy processes, along with the
policy directly related to DRR or coastal zone, even other policies
such as poverty reduction or water management etc. provide an
entry point for integrating DRR and ecosystem services in coastal
areas. Coastal zone management provisions in Malaysia are men-
tioned in Box 9.
44
The approach to manage India’s coastal zone has been regulatory one,
as per the Coastal Regulation Zone (CRZ) Noti?cation of 1991 (revised
in 2011). The Environment (Protection) Act of 1986, prevents, restricts
and controls development activities within a landward distance along
the coasts, and it provides for demarcation of hazard line. Besides, com-
mon environment policies in India, there are certain other strategies of
relevance - Deep Sea Fishing Policy, 1991; Tourism Policy, 1998; Marine
Fishing Policy 2004; and National Rehabilitation and Resettlement
Policy, 2007. Environmental regulations in coastal context include
Land Acquisition Act, 1894; Indian Fisheries Act, 1897; Indian Ports Act,
1908; Coast Guard Act, 1950; Merchant Shipping Act, 1958; The Model
Town and Country Planning Act, 1960; Major Port Trust Act, 1963; Wild-
life Protection Act, 1972 (amended in 2001); Water (Prevention and
Control of Pollution) Act, 1974; Maritime Zones of India (Regulation of
Fishing by Foreign Vessels) Act, 1976; Marine Fishing Regulation Act,
1978; Forest Conservation Act, 1980 (amended in 1988); Air (Preven-
tion and Control of Pollution) Act, 1981; Environment (Protection) Act,
1986; Hazardous Wastes (Management and Handling) Rules, 1989;
Coastal Regulation Zone Noti?cation 1991; National Environment Tri-
bunal Act, 1995; The National Environmental Appellate Authority Act,
1995; Biological Diversity Act 2002; Disaster Management Act, 2005;
Environment Impact Assessment Noti?cation, 2006; and Scheduled
Tribes and Other Traditional Forest Dwellers (Recognition of Forest
Rights) Act, 2006.
Japan: In 2005, the National Spatial Planning Act (revision of Compre-
hensive National Development Act) was enforced in order to make a
shift from the development centred policy. One of the strategic goals
envisage a disaster resilience nation to ensure a safe and secure living
environment including comprehensive disaster risk reduction. The
“Forest Improvement and Conservation Works Master Plan (5-Year
Plan)” was formulated in 2003 to promote forestry improvement and
soil conservation.
45
Vanuatu: The Environmental Management and Conservation Act,
2002 of Vanuatu provides for Environmental Impact Assessments (EIA)
for all development activities. The land use management policy seeks
a full risk assessment before development can be approved.
Right to ‘environment’ helps necessitate the green-recovery and
sustainable livelihood systems during post-disaster reconstruction. At
the United Nations, the Sub-Commission on Prevention of Discrimina-
tion and Protection of Minorities appointed a Special Rapporteur on
Human Rights and Environment in 1989, whose ?nal report was deliv-
ered in 1994 (Human Rights and the Environment: Final Report Prepared
by Mrs. Fatma Zohra Ksentini, Special Rapporteur, E/CN.4/Sub.2/1994/9, 6
July 1994).
3.6 Environmental policies and DRR: some examples
Cayman Islands: The Environmental policy addresses a number of
issues relating to protection from natural hazards. The Hazard Man-
agement Legislation especially addresses to vulnerable areas such as
wetlands, and areas prone to ?ooding.
Egypt: Disaster management and risk reduction are integral com-
ponents of environmental protection. For example, the Law of Envi-
ronment No. 4/1994 includes among other articles, Article 19 which
underlines environmental impact assessment for new establishments
(EIA), Article 25 underlines national environmental disaster contin-
gency plan, and other articles regarding projects and programmes
related to land use. The concept of disaster management and risk
reduction is considered and a set of regulations and codes of practice
were developed by the National Centre for Planning State Land Use.
The environment related policy has been presented in the National
Environmental Action Plan (2002 - 2017).
46
India: The National Environmental Policy, 2006 adopts a compre-
hensive approach towards integrated coastal management includ-
ing wetlands and river systems; conservation and development of
mountain ecosystems; land use planning; watershed management
and reduction of hazards like landslides, and hazards resulting from
impacts of climate-change. EIA noti?cation envisages for a Risk Assess-
ment Report and a Disaster Management Plan as part of environment
management plan of the projects.
Indonesia: Spatial planning as stipulated in Law No. 26/2008 on
Spatial Planning, for instance, has accommodated the importance of
disaster risk assessments in land use planning.
Malawi: Environmental management policies in the country do incor-
porate DRR and seek to reduce underlying risk factors. For example, the
requirement for Environment Impact Assessments (EIA) undertaken
for all major projects seek to ensure that all developmental activities
do not exacerbate the vulnerability of communities. Link between
DRR and environmental management is re?ected in the National
Adaptation Programme of Action (NAPA) to reduce vulnerability of
communities.
Mauritius: The National Environment Policy (revised version 2007)
has a number of measures pertinent to disaster risk reduction. The
National Forest Policy has a provision for land use management in the
context of climate change.
New Zealand: The Resource Management Act has a sustainable manage-
ment purpose with explicit requirements to address the effects of natural
hazards, and requires particular regard to the effects of climate change.
Pakistan: Under the framework, the Ministry of Environment has
been made responsible for the following:
47
a) Incorporate Natural Disaster Risk Assessment in the Environmental
Impact Assessment (EIA) guidelines; and
b) Develop mechanisms for assessment of environmental losses and
damages in the aftermath of disasters and their rehabilitation.
Saint Lucia: All environment related policies consider DRR concerns
such as the climate change policy, environmental management policy
and water policy.
United Rep of Tanzania: The National Land Policy of 1995 empha-
sizes the secure land tenure for investments in land, whereas the vil-
lage Act No. 5 of 199 envisages Village Land Use plans for various uses
e.g. agriculture, pastoralist, forestry, water, minerals and conservation.
The National Human Settlement Policy, 2000 emphasizes on planning
based on the national guidelines for the participatory Village Land
Use Management. With the Land Use Planning Act No. 6 of 2007, the
village assembly is the approving authority of village land use plans.
The outcome is therefore to reduce vulnerability of environmental
disasters.
Yemen: Articles related to drought and ?ash ?ood risks reduction
have been included in the National Water Strategy, 2007. More than
10 articles related to disaster (natural and man-made hazards) and risk
reduction have been added in the updated draft of the Environmental
Law No 96, 1995.
3.7 Environmental laws and role in Disaster Risk
Reduction
‘Economic ef?ciency’ and ‘disaster risk management’ are two comple-
mentary objectives of an environmental policy or law on its strategy
for ‘sustainable development’, which is de?ned as “Development that
meets the needs of the present without compromising the ability of
the future generations to meet their own needs” (Our Common Future,
World Commission on Environment, 1972) with three main principles
48
Table 2.2 Water related (resources and quality, ?ood & drought mitigation, disease
prevention livelihood options, ecosystem-health & services, recreation, health, waste disposal etc).
Addressing hazards
Reducing
vulnerability
Coping Capacity
Emergency
Response
Flood control, drought
reduction, disease
prevention
Livelihood options,
agriculture,
ecosystem-health and
services, recreation,
health, transport
Water reserves for
meeting drought;
levees for ?ood-water
relief, water / waste
treatment
Water and sanitation,
waste disposal.
disease control
Table 2.1 land resource laws and policies (wetlands, soil, agro-ecosystems, landscape,
wastelands, watershed, catchment, river-basin, land-use)
Addressing hazards
Reducing
vulnerability
Coping Capacity
Emergency
Response
Deserti?cation
control and reducing
drought, ?ood and
?re, storm attenuation,
preventing disease
and con?icts
Alternative cropping,
livelihoods and em-
ployment, ecosystem
services, food, water,
health resources
Alternative
options; Safer sites/
landscapes, Migration,
Rapid recovery
capacities
Neighbouring
resources for
response supplies
viz. (a) Inter-Generational Equity, (b) The Precautionary Principle, and
(c) Polluter Pays Principle. This provides a strong vision for disaster risk
reduction and green-relief-recovery approach within the framework
of environmental sustainability. Although, most environmental laws
may not use the terms ‘hazard, vulnerability, disaster, emergency
or response’ but a blended approach of science-based and human
ecology to the interpretation of their provisions shall help signi?cant
opportunities for DRR tools and actions. Nation’s initiatives on inte-
grating environment and disaster management are therefore, right
steps towards sustainability of lives, livelihoods and development. An
assessment of environment and natural resource laws in context of their
potential role in disaster risk reduction is given in Tables 2.1 to 2.8
49
Addressing hazards
Reducing
vulnerability
Coping Capacity
Emergency
Response
Reducing catchment
degradation and
erosion, climate-
change effects,
?ooding, drought, ?re,
invasion; increasing
water recharge,
land-stability
Increasing livelihoods,
food, recreation, health
resources, watershed
services, clean air
and water; reduces
migration to cities
Alternative resources,
Shelter-belt, Green-
belt, Wind-breakers,
Mitigation/ protection,
Climate-resilience
Timber, fuel-woods/
other produces, for
shelter, food, lighting,
medicinal resources
Table 2.3 Forests protection and conservation laws (related to protected and reserved areas,
village forests and common property resources, forest produce, species diversity, regeneration,
ecology, rights of forest dwellers)
Table 2.4 Biodiversity Laws (Habitat, bio-resources, gene pool, eco-balance)
Addressing hazards
Reducing
vulnerability
Coping Capacity
Emergency
Response
Reducing drought/
water scarcity, ?ood-
ing, pest and diseases,
?re, wilt, rodents
Alternative crop, food,
diversifying livelihoods,
health, eco-aesthetics
and cooperation
Resistance (avoidance,
tolerance, resilience),
alternative / sustain-
able resources
Local resources and
emergency support
– medicinal, timber,
food, fodder, shelter,
water, etc.
Table 2.5 Wildlife conservation and laws. (animal-plant-soil relations, habitat conservation
and regeneration, ecotourism)
Addressing hazards
Reducing
vulnerability
Coping Capacity
Emergency
Response
Protecting habitats,
preventing man –
animal con?ict
Ecotourism,
forest produce,
handicrafts, ecosystem
services
Eco-education
Alternative
employment, Coastal,
mountain / watershed
protection
Medicinal resources,
food, fuel-wood, etc.
Table 2.6 agricultural laws. (diversi?cation, agro-forestry livestock, waste reuse, biofuels, alterna-
tive cropping, land-use, soil & water )
Addressing hazards
Reducing
vulnerability
Coping Capacity
Emergency
Response
Reducing drought/
water scarcity, ?ood-
ing, pest and diseases,
?re, wilt, rodents
Alternative crop, food,
diversifying livelihoods,
health, eco-aesthetics
and cooperation
Resistance (avoidance,
tolerance, resilience),
alternative / sustain-
able resources
Local resources and
emergency support
– medicinal, timber,
food, fodder, shelter,
water, etc.
Table 2.8 Hazardous substances laws (related to the manufacture, storage , handling, use, trans-
port and disposal of hazardous chemicals and wastes)
Addressing hazards
Reducing
vulnerability/
exposure
Coping Capacity
Emergency
Response
Hazard Analysis
Threshold
Risk Assessment
Process safety
(design & mainte-
nance)
Safety Audit
Zoning ,
Industrial siting
Isolated storages,
personal protection,
Consent to Establish
and Operate
Transport,
Public Liability
Prior Information
Consent MSDS,
Risk Communication
Training Right to
Know, Public
disclosure of
Information
Onsite and Offsite
plan,
Mock-drill
Crisis Groups
Table 2.7 Coastal area management laws (landuse, natural resources, ecosystems, conservation,
disaster risk reduction)
Addressing hazards
Reducing
vulnerability
Coping Capacity
Emergency
Response
Reducing storm
surge, sea ingression,
salt-water intrusion,
erosion
Reducing exposure,
losses; enhancing
livelihoods – ?sheries,
ecotourism
Critical infrastructure,
cyclone shelter,
warning systems,
Food, medicinal
resources, shelter,
material transport,
etc.
51
Objective of this learning unit is to emphasize the needs, opportunities
and bene?ts of integrating environmental concerns with in the state
and district level disaster management framework for all the phases
of disaster management. Certain examples of integration of environ-
mental concerns in disaster management legislation and guidelines
are also described in this unit.
4.1 Introduction
DRR related legislation are fundamental to the enhancement of human
security. Out of the 119 national reports submitted to the UN World
Conference on Disaster Reduction, Hyogo, 2005, 80% have some form
of legislation for disaster management (Pelling and Holloway, 2006).
State’s recognition of environment-disaster relations is manifested in
their National Progress Reports on the implementation of the Hyogo
Framework for Action: HFA Priority 4, core indicator 4.1 - “Disaster Risk
Reduction is an integral objective of environment related policies and
plans, including for land use, natural resource management and adapta-
tion to climate change.”
Integration of environment and disaster management framework
holds the key for promoting the environmental approach for DRR. It
shall require reforms and adaptation on legal, institutional and imple-
mentation framework of both environmental governance and disaster
management, at different levels of planning and action. Knowledge
building and perception holds the key of attitudinal change. Environ-
mental education provides communities with the necessary skills to
make informed decisions as well as the motivation to participate in
and take responsibility for environmental management (IADB, 1999).
The Inter-American Development Bank has adopted a strategy that
4
Learing Unit C
Integrating Environment and Disaster
Risk Management
52
stipulates that all projects ?nanced by the Bank include an analysis
of natural hazard risks. A central aspect of this strategy is coopera-
tion with member countries to ensure that projects are designed to
improve or preserve the environment, and to reduce vulnerability to
natural disasters (IAEB, 1999). The countries of Central America have
declared, through the Alliance for Sustainable Development (ALIDES),
that both formal and informal environmental education, as well as
community participation in environmental management, is important
for achieving sustainable development in the region (ALIDES 1994).
4.2 Examples of integrated environment and DRR
framework
Following examples of Institutional Framework of Integrated Envi-
ronment-DRR in different countries indicate worldwide initiative of
environment based DRR:
BOX 10. The Kingdom of Morocco: effective coalition
Following the Yokohama UN conference on disaster management, 1994,
Morocco’s First National Workshop on Catastrophe Risks drew form a
very wide base, as part of a national programme for evaluation need and
capacity for natural disaster risk management. Participants included repre-
sentatives from ministerial department, local and provincial government,
the private sector, developmental in the Division of the Environment at
the Ministry of Land Use Planning, Water and Environment. The National
Committee held several thematic workshop, for example on housing and
urban planning, and development of a national strategy for disaster risk
management. Ministries were asked to submit budgeted plans for risk
reduction programmes.
In addition to the more tangible outputs of evaluation and programming, the
broad-based dialogue enabled through this process encouraged the exchange
of ideas and generated support for risk reduction form a wide range of policy
actors.
(Source : Direction de la Surveillance et Prevention des Risques, Departement
de l’ Environment, Ministere de I’ Amenagement du Terriotire del’Eau et de l’
Environment, Kingdom of Morocco, www.matee.gov.ma)
53
a. Japan: Japan has National land Conservation Projects such as river
improvement, soil erosion control (sabo), and soil and coastline
conservation are carried out strategically for protecting national
land, citizens’ lives and property from various disasters.
b. Bangladesh: National Capacity Self-Assessment for Environment
and Natural Resource Management addresses risk reduction in the
policies and plans. A Sustainable Land Management Programme is
intended to cover land related risk reduction issues including min-
ing. Ministry of Land is implementing Coastal Land Zoning Project.
Ministry of Agriculture and its technical agencies are engaged and
in continuous process to develop climate resilient crop varieties
in the context of salinity intrusion, drought and submergence. A
project is launched in 2008 to understand effectiveness of DRR
approaches into climate change context in three agro-ecological
zones.
c. British Virgin Islands: With regards to Physical Planning, the CDM
Strategy includes various efforts that contribute to ‘focusing on
risk reduction in the future from natural and man-made disas-
ters’ and ‘improving the coordination of disaster management,
physical planning and environmental management to ensure
that these considerations are incorporated in decision making in
an integrated fashion’. Apex of?cials of Disaster Management are
members in the Planning Authority as well as in the Environmental
Management Committees, and there are awareness efforts target-
ing planners, engineers and developers particularly on non-struc-
tural mitigation. On the other hand, Senior Of?cials of Environment
Management are involved in the disaster management planning
and implementation committees. The strategy on disaster risk
management and climate change adaptation is envisaged to
contribute to ‘strengthening environmental planning among the
various land environmental management agencies’.
54
d. United States of America: The National Science Technology
Council (NSTC) Subcommittee on Disaster Reduction is working
with the interagency Climate Change Science Program to ensure
that the disaster reduction perspective is incorporated into strate-
gies being developed to address climate change with the recogni-
tion that a number of aspects of mitigating disaster risks can also
be effective for climate change adaptation.
BOX 11: Environment – DRR in Mozambique
Relationship between Disaster Risk Reduction and environment are
strongly addressed in the 2nd generation 5 year plan (2005-2009) and is ap-
proved by Government of Mozambique in 2006. Effects of droughts, ?oods
and erosion are faced as a result of climate change to which government
and partners have to clearly address by improving land use and natural
resources management by capacity building of the local communities
and implementing good land use planning and environmental protection
policies and strategies. Improved water supply and sanitation are seen as
key factors to reduce environmental related diseases. On the other hand,
legal framework and institutional capacity building have been identi?ed as
essential to ensure changes and rapid dissemination and implementation
of this broad vision to all government level so that disasters risk reduction
and environmental protection must be viewed as tied issues each other.
In this sense, natural disasters are seen as critical part to attain sustainable
development in Mozambique. Since 2007, this vision is being disseminated
in all the country provinces and districts by evolving local leaders and
technical staff in workshop trainings with the objective of integrating
disasters risk and environment in the local strategic and operational plans
and budgets. In 2005, a National Council for Sustainable Development
(CONDES) chaired by the Prime Minister was set up to monitor the pro-
gresses achieved in the implementation of the Government Plan related
to sustainable development, where natural disasters are seen as a big en-
vironmental constraint. Thus, since 2006, all the provinces and districts are
gradually integrating disaster risk reduction and environment protection,
and placing them together in their annual plans and budgets.
55
e. Pakistan: Under the framework, the Ministry of Environment has
been made responsible to: (a) Incorporate Natural Disaster Risk
Assessment in the Environmental Impact Assessment (EIA) guide-
lines; (b) Develop technical capacities of the staff of Environment
Ministry to undertake disaster risk assessment and disaster risk
reduction activities in the environment sector; (c) Undertake as-
sessment of vulnerability of natural resources (forest, lakes, streams,
mangroves, coral reefs, protected areas, and coastal areas) to
natural and human induced hazards; (d) Implement programmes
for conservation and rehabilitation of natural resources in order
to reduce risks of natural hazards, e.g. reforestation, mangrove
plantation, combating deserti?cation, conservation of special
natural resources; (e) Allocate resources for implementation of
programmes to conserve and rehabilitate the natural resource
base, particularly in up-stream areas of the Indus River basin; (f )
Develop mechanisms for assessment of environmental losses and
damages in the aftermath of disasters and their rehabilitation; and
(g) the NDMA is coordinating with the Ministry of Environment for
implementation of DRR policies and strategies on environment as
envisaged in the Framework.
f. Switzerland: Disaster risk reduction and environmental protection
are closely interrelated in Swiss federal laws (e.g. in laws relating
to forests and water) and are overseen by one common institu-
tion at the federal level (the Federal Of?ce for the Environment,
FOEN). Utility of, protection of and protection from major natural
resources (water, forests, soils) are considered jointly. Thus sustain-
ability and robustness of protection measures are required. This
can be explained by an example that protection measures have
to withstand the impact of stronger events than those for which
they were designed. Land use planning is preferred to protection
measures whenever possible and adaptation to climate change
has been integrated to environmental management as well as
disaster risk reduction framework.
56
g. Turkey: Turkey gives importance on the coordination of disaster
risk reduction with environmental and natural resources policies,
with all its plans and programs, including disaster risk reduction as
a key element. The National Environmental Approximation Strategy
was adopted by Higher Planning Council and then Head of Disaster
Affairs has undertaken the responsibilities of adaptation of climate
change issue. The Ministry of Environmental and Forestry (MEF) gives
special importance on the adaptation of climate change issues and
activities related with ?ood mitigation.
On behalf of UN-ISDR and ADPC, the ERM Consultants (2007) devel-
oped a strategy document on ‘Mainstreaming the Environment into
Humanitarian Response: An Exploration of Opportunities and Issues”
(Box12). Principle 8 of the Code of Conduct for the International
Red Cross and Red Crescent Movement and NGOs in Disaster Relief,
currently endorsed by 413 agencies worldwide, states: “We will pay
particular attention to environmental concerns in the design and man-
agement of relief programmes.”
As the UNHRC quoted “Although environmental concerns have taken a
back seat to humanitarian needs at such times of crises, the close links be-
tween the well-being of human populations and a healthy environment
are being increasingly recognized”. The UNHCR established an environ-
ment unit in 1995 to monitor environmental activities and produced
a number of handbooks in 2002 and guidelines in 2005 (UNHCR
Environmental Guidelines, UNHCR, August 2005, p5), that is intended
to serve as sources of information and reference on environmental
practices and approaches in refugee operations. The document reiter-
ates the “Environmental considerations need to be taken into account
in almost all aspects of UNHCR’s work with refugees and returnees.
The state of the environment, in turn, will have a direct bearing on
the welfare and wellbeing of people living in that vicinity, whether
refugees, returnees or local communities”.
57
BOX 12: Environmental Response: Minimum Standards
SPHERE (2004, 2010) is a multi-year project sponsored by NGOs, the
International Red Cross and Red Crescent, donor governments, and
UN agencies. It has produced The Humanitarian Charter and Minimum
Standards in Disaster Response, with the aim to improve the quality of
assistance provided to people affected by disasters and to enhance the
accountability of the humanitarian system in disaster response. It includes
standards for environmental services in disasters and emergencies e.g.
water, sanitation, food, shelter and health, and concerning other aspects of
environment safeguards for human well-being, besides process standards
(www.sphereproject.org).
Source: Tools for Mainstreaming Disaster Risk Reduction: Environmental As-
sessment (Guidance Note 7) by IFRC / Prevention Consortium available fromhttp://www.proventionconsortium.org
BOX 13: Mainstreaming DRR into environment sectors in India
UNDP jointly with National Disaster Management Authority of India, under
their DRR Programme is taking strides in developing guidelines, tools and
training modules for mainstreaming disaster management into develop-
mental process. It has taken a sector –based approach and has identi?ed
‘Environment’ as a key sector with manifold signi?cance. Guidelines and
tools for DRR integration with environment sector are being developed
by National Institute of Disaster Management, New Delhi, involving Indian
Institute of Public Administration, and using a multi-stakeholder, multi-
disciplinary consultative process. It includes the sector aspects, viz. water,
land and land use, forests, agriculture, industry, energy, tourism and health
within its framework.
Special emphasis is on mountain and coastal systems, climate-change,
river-basins, urban systems, environmental-health, sustainable agriculture
and livelihoods. Guidelines in making are expected to suggest a conceptual
plan with legal, institutional and operational framework for integrating
DRR and post-disaster relief and recovery with environment and natural
resource management system at national, state, district and local area lev-
els. A project of GIZ-NIDM cooperation facilitated by the Indian Ministry of
Environment and Forests addresses the use of environmental knowledge,
law, EIA and ecosystem approach in DRR and post-disaster relief.
58
Figure 4: Integration of environment and natural disaster management at district level
Disaster Management Guidelines in India
Disaster Management Act 2005 recognises damage to or destruc-
tion of environment as disaster. The National Disaster Management
Authority, the apex guiding organization on disaster management in
India, has developed a number of guidelines on disaster management
which prescribe for various environmental approaches in disaster
mitigation and post-disaster management covered widely under
environmental policies and laws (Box 14). The 1992 UN Convention on
the Protection and Use of Trans-boundary Watercourses and Interna-
tional Lakes calls on each party to de?ne water-quality objectives and
to adopt criteria and set guidelines for this purpose. Some bilateral
and regional agreements on freshwater and air foresee or mandate
water-quality objectives. They signi?cantly address the precursors of
the hazards in the river-zones and costal zones known to aggravate
the impacts of river or sea erosion, ?ooding, cyclone. Such private
regulations may constrain behaviour of breaching by exercising a
moral or practical (sanctioning) in?uence and litigants may argue that
breach of such codes or standards may be an evidence of malpractice
or negligence.
59
BOX 14: National Disaster Management Guidelines:
Environmental approaches
The Government of India has developed speci?c guidelines for management of differ-
ent disasters. Many approaches based on environmental knowledge and management
of natural resources and ecosystems are manifested in their contents. A pilot assess-
ment of the three guidelines*, viz. Flood, Cyclone and Drought, has been undertaken to
identify ecosystem and environmental-based approaches referred therein
Reference
Flood Management
Guidelines
Cyclone Manage-
ment Guidelines
Drought Management
Guidelines
Environmen-
tal rights
Lives and livelihoods,
Livelihood systems
Livelihood
Livelihoods, Alternative
livelihood
Climate-
change
Snow melt, GLOF, LLOF
Climate-change and
sea-level rise
Climate-change impact on
drought and agriculture
Natural
Resource
Management
Catchment area treatment,
Anti-erosion measures,
Coastal protection,
Carrying capacity of rivers
and drainage, River-bank
erosion, Sediment load
from river catchments,
Drainage congestion,
Wetlands, Integrated water
resource management,
Environmental-health,
Encroachment of waterways,
Waste management
Coastal afforestation,
Aquaculture, Coastal
resources, Bio-shields,
Mangroves, Shelterbelt
plantations, Coastal
?ood plain manage-
ment, Coastal erosion,
Crop and livestock
protection,
Environmental-health
responses, Shelterbelt
plantation monitoring
Agriculture, waste Land resource
management - Soil-moisture,
Soil amendment, Integrated
nutrient and pest management,
Water scarcity and management,
Reservoirs and wetlands, Ground-
water, streams, Drought prone area
programme, Desert development
programme, Alternative cropping,
In-situ conservation, Horticulture,
Ecosystems, Forest management,
Crop phenology, Coastal and
marine resources, Pollution control
Land-use /
land-cover
Afforestation, Watershed
management,
Alternative
developmental
scenario, Preferred
scenario, Land-use
Afforestation, Alternative land-use,
Agroforestry, Biofuel cultivation
Environmental
Impacts / Risk
Analysis,
Environmental
statistics
Eco-friendly structural and
non-structural mitigation,
Environmental database
for forecasting and damage
assessment, Dam safety
Coastal zone manage-
ment, EIA, Assimilative
capacity estimation,
Regional environmen-
tal management plans
Environmental impacts of drought
– environmental health risks,
livelihood impacts, Environmental
indicators for risk and impact
assessments including databases,
Environmental planning,
Environmental
regulations
River regulation zone,
Flood-plain zoning
National environmen-
tal policy, Coastal zone
management, EIA
Environmental law
Date of
release
January 2008 April 2008 September 2010
60
4.3 Recommendations of integrating DRR initiatives in
environment
Analysis of the environment based DRR initiatives and integration
in different countries enabled a sketch of operation framework for
implementation, with following six strategic recommendations:
1. Strategic and professional presence of ecological science/
environment policy and EIA (experts) within the apex level
institutions of disaster management framework (for example,
for India, Pakistan, Afghanistan and Bangladesh – National Di-
saster Management Authority, Disaster Risk Reduction, Capacity
Development Programme Of?ce, Response Force Planning and
Management, etc.), policy-level representative from Ministry of
Environment and the Natural Resource Research Organization to
be a member/ permanent invitee in the authority/board man-
dated for planning and organizing key functions of disaster risk
management.
2. Establishment and functional maintenance of interdisciplinary
cell/centres or specialized of?ce on Disaster Risk Reduction affairs
within the apex organization of policy, research, monitoring and
funding promotion on environment and natural resource matters
(example from India are, Ministry of Environment and Forests,
Planning Commission, Council of Agriculture Research, Forestry
Education, etc.)
3. Introduction of regional EIA (district level, and preferably national
and state level as well) as a pre-requisite to term-planning. For
example, ?ve-yearly planning is common in India and Regional
EIA can facilitate for preparation of an ‘Environment Management
and Action Plan’ at District/State level as an strategic Umbrella Ap-
proach on sustainable development (?gure 4).
4. Disaster Risk Reduction and post-disaster relief and recovery to be
61
introduced as a compulsory module within the higher education,
research and awareness courses in the Universities, colleges and
school curriculum. On the other hand, the module on ecosystem-
approach to DRR within disaster management training and sen-
sitization framework needs to emphasize the role of legislation,
and in particular, of environmental/natural resource law and EIAs.
5. Environmentally sustainability mitigation option and the concept
of ‘greening disaster-response’ and ‘sustainable-recovery’ need to
be promoted within the framework of sustainable development
by integrating SEA to the developmental planning process. SEA
and EIA scope need to necessarily include hazard-risk and vulner-
ability assessment within the assessment framework.
6. Apex organizations in disaster management need to establish a
consortium at strategic level involving Environment and Natural
Resource Ministries, Research Institutes and Academia, relevant
NGOs and international agencies, to generate and maintain envi-
ronmental database for disaster risk management functions, devel-
oping relevant guidelines and manuals, training and educational
modules, and standards on environmental approach to DRR. In the
line with UN-PEDRR, countries and states can promote strategic and
functional partnership of institutional frameworks of environment
and disaster management.
62
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About NIDM
National Centre for Disaster Management (NCDM) set up under the
Department of Agriculture and Cooperation, Ministry of Agriculture
in March 1995. NCDM has been upgraded into full ?edged National
Institute of Disaster Management in October 2003. Under the Disas-
ter Management Act, 2005, the Institute has been entrusted with
the nodal national responsibility for human resource development,
capacity building, training, research, documentation and policy advo-
cacy in the ?eld of disaster management. NIDM is steadily marching
forward to ful?l its mission to make a disaster resilient India by devel-
oping and promoting a culture of prevention and preparedness at
all levels. Both as a national Centre and then as the national Institute,
NIDM has performed a crucial role in bringing disaster risk reduction
to the forefront of the national agenda. It is our belief that disaster
risk reduction is possible only through promotion of a “Culture of
Prevention” involving all stakeholders. We work through strategic
partnerships with various ministries and departments of the central,
state and local governments, academic, research and technical orga-
nizations in India and abroad and other bi-lateral and multi-lateral
international agencies.
About GIZ
The services delivered by the Deutsche Gesellschaft für Internatio-
nale Zusammenarbeit (GIZ) GmbH draw on a wealth of regional and
technical expertise and tried and tested management know-how. As a
federal enterprise, we support the German Government in achieving
its objectives in the ?eld of international cooperation for sustainable
development. We are also engaged in international education work
around the globe. GIZ currently operates in more than 130 countries
worldwide.
GIZ in India
Germany has been cooperating with India by providing expertise
through GIZ for more than 50 years. To address India’s priority of sus-
67
tainable and inclusive growth, GIZ’s joint efforts with the partners in
India currently focus on the following areas:
• Energy - Renewable Energy and Energy Effciency
• Sustainable Urban and Industrial Development
• Natural Resource Management
• Private Sector Development
• Social Protection
• Financial Systems Development
• HIV/AIDS – Blood Safety
68
About EKDRM
Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ),
GmbH, Germany (formerly GTZ and InWEnt) have entered in coopera-
tion with National Institute of Disaster Management for a joint project
‘Environmental Knowledge for Disaster Risk Management” (ekDRM,
2010-12) focuses on capacity building and knowledge management
for disaster risk management. The speci?c components of project
activities include the following:
• Environmental statistics and decision support systems
• Environmental and natural resource legislation for disaster risk
• Spatial /land-use planning for disaster risk management
• Natural Resource Management and Disaster Risk Management
linkages (including integrating disaster risk management and
climate-change adaptation, eco-system approach to DRR etc)
• Post-disaster environmental services and role of EIA in context of
disaster management.
Cooperation aims at promoting research, case studies, documenta-
tion, effective training methodologies, including blended learning
approach, tools and methodologies and outreach activities like work-
shops, conferences developing and maintaining web-enabled human
resource platform.
69
Anil K. Gupta is Associate Professor with National
Institute of Disaster Management since 2006. He
founded Institute of Environment & Development
Studies at Bundelkhand University, was Associate
Professor and Director of the institute since 2003
and held statutory position of Head of Department
of both Environmental Science and Natural Resource
Management. Earlier he served Ambedkar Central
University Lucknow, DMI Bhopal, NMDC and CICON on academic/admin-
istrative capacities. As Post-Doctoral Fellow (NEERI, CSIR) he worked on
Green-house effect modelling, EIA, Risk Analysis, Water & Environment
Policy, after completing Ph.D. in 1994. He received Young Scientist Award
(Govt. of Madhya Pradesh, 1996). He also holds a LLB degree. He is a mem-
ber of several professional bodies like Indian Society of Remote Sensing
and Fellow of the Society of Earth Scientists India. He guided 25 Masters
& 4 Ph.D. thesis, developed new courses and was a member of team on
formulation of curriculum on DM for UGC. He has the credit of 42 papers
in journals, 2 books, 1 training module, 3 conference proceedings, 22
book chapters, 10 conference papers and 22 articles, with noted contri-
butions to strategy on climate-change, human resource plan, ecosystem
approach to DRR. He headed air quality network station (CPCB), and
coordinated projects on Land-use strategies (Govt. of UP), urban ?ood
case studies (NIDM), solid waste disposal (MoEF) and Climate-change
adaptation (UNDP-GEF). Currently he is coordinating various research,
documentation and training activities on disaster management includ-
ing Climate Change Adaptation, Vulnerability and Risk Analysis, Policies
and Law, Ecosystem Approach to Disaster Risk Management, Chemical
Disaster Management and so on at NIDM. He is implementing projects,
Environmental Knowledge for Disaster Risk Management (NIDM-GIZ),
Bundelkhand Drought Vulnerability and Mitigation Analysis (ICSSR),
Integrating Climate-change Adaptation with DRR for Gorakhpur Pilot
(CDKN-START) and Coastal Andhra & Tamil Nadu (EU-GIZ).
About the authors
70
Sreeja S. Nair is Assistant Professor at National In-
stitute of Disaster Management since 2007. She is
a disaster management professional having more
than 12 years of experience in the ?eld. Her areas
of research, documentation and training activities
at NIDM include Geoinformatics Applications in
Disaster Management, Environmental Law, Disas-
ter Data and Information Management, Ecosystem
Approach to Disaster Risk Reduction and Chemical Disaster Manage-
ment. She holds a M Sc in Disaster Mitigation from Indian Institute of
Ecology and Environment, M Sc. in Geology from Delhi University and
PG Diploma in Environmental Law from Indian Law Institute University
New Delhi. She is currently perusing her research leading to doctoral
degree with School of Human Ecology, Ambedkar University,Delhi.
Prior to joining NIDM, she has been working with Disaster Risk Man-
agement Project of the United Nation Development Programme and
GOI during 2004-2007. She also worked with Phelps Dodge Explora-
tion Limited, Risk Management Software India Private Limited and the
Editorial of GIS@ Development. She is member of several professional
bodies like Indian Geomatics Society, Indian Society of Remote Sens-
ing, Society of Earth Scientists India and Member Secretary of the
Hazard related statistics set up under the National Disaster Statistics
Committee. Ms. Nair published 12 papers in national and international
journals, authored 2 training modules and edited 2 books and 2 pro-
ceeding volumes. She is the coordinator of Indo German Cooperation
on Environmental Knowledge for Disaster Risk Management and Co-
Principal Investigator of ICSSR Research project on Drought Vulner-
ability and Mitigation Analysis and also involved in the GIZ-European
Union pilot project on Integrating Climate-change Adaptation with
Disaster Management Planning process Coastal Andhra & Tamil Nadu.
Environmental Legislation for
Disaster Risk Management
M O D U L E - I
Towards a disaster free India
National Institute of Disaster Management (NIDM)
Ministry of Home Affairs
IIPA Campus, New Delhi-110002.
www.nidm.gov.in
Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH
3rd floor, B5/2 Safdarjung Enclave
New Delhi-110 029.
Published by
doc_764926234.pdf
India suffers huge losses to life, livelihood, property and environment due to disasters which sets back development. Our disaster mitigation strategies and response mechanisms are often hampered by legal complexities coupled with procedural mystification.
Environmental Legislation for
Disaster Risk Management
M O D U L E - I
Towards a disaster free India
National Institute of Disaster Management (NIDM)
Ministry of Home Affairs
IIPA Campus, New Delhi-110002.
www.nidm.gov.in
Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH
3rd floor, B5/2 Safdarjung Enclave
New Delhi-110 029.
Published by
Environmental Legislation for
Disaster Risk Management
National Institute of Disaster Management
Ministry of Home Affairs, IIPA Campus, New Delhi
&
Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ)
GmbH, Germany
MODULE I
Authors
Anil K. Gupta
Sreeja S. Nair
ISBN 978-81-924336-7-7
©NIDM & GIZ, 2012
Authors
Anil K. Gupta and Sreeja S. Nair
Reviewers
Dr. N. K. Verma, Consultant, IGEP, New Delhi
Irene Stephen, Consultant, New Delhi.
Dr. Sandhya Chatterji, Director, ifanos India & Consultant GIZ.
Florian Bemmerlein-Lux, Director, ifanos Germany & Consultant GIZ
Acknowledgements
Dr. Satendra, IFS, Executive Director, NIDM
Dr. Dieter Mutz, Director, GIZ-IGEP
Sunanda Dey, Delhi University, Delhi
Citation
Gupta, A.K. & Nair, S.S. (2012). Environmental Legislation for Disaster Risk
Management, Module-I. Environmental Knowledge for Disaster Risk Management
Project, National Institute of Disaster Management & Deutsche Gesellschaft für
Internationale Zusammenarbeit (GIZ) GmbH, New Delhi , pages 68
Design and Printing: Celluloid, New Delhi-110092, Mob.: 9811297670
Disclaimer
This document may be freely reviewed, reproduced or translated, in part
or whole, purely on non-pro?t basis for any non-commercial and academic
purpose aimed at training of education promotion as cause for disaster risk
management and emergency response, keeping the source acknowledged.
Authors welcome suggestions on its use in actual training situations and
for improved future editions. The present document is neither exhaustive
nor complete on the topic of Environmental Legislation for Disaster Risk
Management. The information has been compiled from reliable documents
and published references/resources, as cited in the publication. The authors
have taken all reasonable care to ensure that the contents of the module
do not violate any existing copyright or intellectual property rights of any
person in any manner whatsoever. Incase the copyright has been inadvertely
infringed, please notify the authors for corrective action. Mention of any
company, association or product in this document is for informational
purpose only and does not constitute a recommendation of any sort by
either NIDM or GIZ.
I. Introduction 1
1.1 Context 1
1.2 About the module 1
1.3 Structure of the module 1
1.4 Aim 2
1.5 Target group 2
II. Learning Unit A: Environment and Disaster Linkages 3
2.1 Environment and disasters 3
2.2 Environmental management and disaster management cycle 7
2.3 Disaster management law and environment 10
III. Learning Unit B: Environmental Legislation for
Disaster Risk Management 13
3.1 Introduction 13
3.2 Environmental legislation 13
3.2.1 National laws 14
3.2.2 International law 26
3.3 Principles of environmental law 27
3.4 International environmental law and India’s obligations 29
3.5 Environmental provisions for DRR in national laws 35
3.6 Environmental policies and DRR: - examples 45
3.7 Environmental laws and role in DRR 47
Content
Message
Foreword
IV. Learning Unit C: Integrating Environment and
Disaster Risk Management 51
4.1 Introduction 51
4.2 Examples of integrated environment and DRR framework 52
4.3 Recommendations of integrating DRR initiatives in
environment 60
References 62
About NIDM 66
About GIZ 66
GIZ in India 66
About EKDRM 68
About the authors 69
Message
GIZ has been collaborating with the National Institute of Disaster
Management since 2010 for implementing the ‘Environmental
Knowledge for Disaster Risk Management (ekDRM)’ project. The project
aims at strengthening the capacity building efforts for reducing risk of
disasters caused by natural hazards, such as ?oods, cyclones, droughts,
and technological ones such as chemical accidents. Decision support
system with the application of modern tools of geoinformatics and
remote sensing can utilize the environmental data to improve the state
of disaster mitigation and emergency response. On the other hand, tools
and methods of environmental management like EIA and the regulatory
mechanisms in form of environmental legislation can also help facilitate
the provisions for hazard and vulnerability reduction.
Design and development of training tools and materials, based on policy
research or case studies, are key areas of the ekDRM project. It gives me
immense pleasure to introduce the training module on ‘Environmental
Legislation for Disaster Risk Management’ based on analysis of global
context of environmental laws, policies and approaches of integrating
environment and disaster risk management.
I take the opportunity to express appreciation of the commitment of
NIDM, Ministry of Home Affairs, Govt. of India, New Delhi, Ifanos, Germany
and Ifanos India, for extending their willing participation and cooperation
to this effect. I also express my greetings to the authors for taking the
innovating topic of intervention for development of training module for
improving the disaster risk management capacity development efforts in
India.
Dr. Dieter Mutz
Director,GIZ-IGEP
Delhi, June 2012
Foreword
Even before its independence in 1947, several environmental leg-
islations existed in India, but the real impetus for bringing about a
well-developed framework came only after the UN Conference on
the Human Environment in Stockholm, 1972. Under the in?uence of
this declaration, the National Council for Environmental Policy and
Planning within the Department of Science and Technology was set
up in 1972. This Council later evolved into a full-?edged Ministry of
Environment and Forests (MoEF) in 1985.
Since the beginning of United Nations International Decade of Di-
saster Risk Reduction in 1990s and following Hyogo Framework for
Action (HFA) in 2005, countries started paying greater attention to
Disaster Risk Management as compared to the previous relief centric
approach. The HFA 2005-2015 provided the basis for intense advocacy
for disaster risk reduction funding and the mainstreaming of disaster
risk reduction in sectoral planning process. Millennium Assessment
Report (2005) also identi?ed environmental degradation as a major
factor leading to the increasing vulnerability. A country’s legislative
and institutional systems provide the basis for plans and organisation
in all areas of disaster risk reduction and emergency response. Since
strong inter-linkages exit between environmental degradation and
disaster risks, environmental legislations and their implementation is
an important prerequisite for disaster risk management. In the after-
math of Bhopal Gas Tragedy in 1984, the failure of litigation attempts
in proper form to call Union Carbide to account for the gas tragedy
provides enough lessons that need to be learned. Thus there is urgent
need for developing Legal framework which will be able to address
the possible eventualities arising out of such disasters. Environmen-
tal Protection Act 1986 and the rules there under were found to be
effective in dealing with disasters particularly Chemical (Industrial)
accidents.Role of environmental law in reference to the chemical ac-
cidents related emergencies and their risk management has been
widely known. However, the role of legal provisions on environment
and natural resources can play signi?cant role in addressing hazards
and reducing vulnerability of natural disasters, and in handling
post-disaster relief and recovery challenges, are seldom recognized.
Believing that ‘reinventing the wheel not required every time’ is the
notion behind exploring the potential of such provisions which can
be put into practice on various stages of disaster management. The
present module has been developed with the objective to present an
international overview in this context.
National Institute of Disaster Management (NIDM) has been mandated
under the Disaster Management Act for capacity building including
training, research, documentation and policy advocacy on all aspects
of disaster management. The Institute offers wide range of training
programmes speci?c to hazards and crosscutting issues. The module
on “Environmental Legislations for Disaster Management” overview
module is developed under the Indo- German Cooperation project
“Environmental Knowledge for Disaster Risk Management”.
This module cites good examples from across the world along with
reference to the Indian legal framework and disaster management. I
hope this module shall be of signi?cant contribution for generating
awareness regarding the existing environmental legislation and its
implications in disaster management in India.
Dr. Satendra
Executive Director
National Institute of Disaster Management
Delhi, June 2012
1
1.1 Context
India suffers huge losses to life, livelihood, property and environment
due to disasters which sets back development. Our disaster mitigation
strategies and response mechanisms are often hampered by legal
complexities coupled with procedural mysti?cation. Ef?cient legal,
policy and institutional support are therefore indispensable condi-
tions for effective implementation of disaster risk management. Role
of law in disaster management is limited only to the right of a disaster
victim to rescue, relief and rehabilitation. The existing laws, govern-
ment schemes and policies are not yet known to the victims. Even
in its enforcement particularly in the context of natural hazards, the
attitude is of charity by the state. Relief in disasters is not seen as a
fundamental right and entitlement in many countries. Legislation con-
cerning the quality of environment, natural resources and ecosystems,
may offer opportunities for addressing these gaps.
1.2 About the module
The module entitled “Environmental Legislation for Disaster Risk
Management” has been developed under the Project “Environmental
Knowledge and Disaster Risk Management” of the Indo-German
Partnership Programme (IGEP), within the framework of Indo-German
Development Cooperation on behalf of the German Ministry for Eco-
nomic Cooperation and Development (BMZ).
1.3 Structure of the module
This module cites examples of legal and policy framework from across
the world along with special reference to the Indian legal framework
and disaster management guidelines. This module is an overview on
this topic of Environmental Legislation for Disaster Risk Management.
1
Introduction
2
The module is divided into 3 learning units
Learning Unit A: Environment and disaster linkages
Learning Unit B: Environmental legislation for disaster risk manage-
ment
Learning Unit C: Integrating environment and disaster risk manage-
ment
1.4 Aim
The aim of the module is to give the participants an overview of the
environmental legislation, and how the existing legal framework for
environment management can be used for disaster risk management.
1.5 Target group
The module is intended for the use by the of?cials from State Disaster
Management Authority, State Department of Environment, Science
and Technology, Planning Board, Landuse board, Urban development,
Factories, Water Resources, Forest, Agriculture, State Pollution Control
Boards and faculty members of the institutes involved in disaster man-
agement related training, research and capacity building initiatives.
3
2
Learning Unit A
Environment and Disaster Linkages
Objective of this learning unit is to enable the government of?cers,
academia, researchers, NGOs and Civil Society Organisation at national,
state and district level who are involved in disaster management or
environment and natural resource management to understand the
inter-linkages between the state of the environment and disaster
risks . They also need to be familiar with steps or procedures for
actions related to administration or legal matters while executing
better environmental management practices and supporting disaster
management planning process or any other actions related to reduc-
ing risks from disasters.
2.1 Environment and disasters
At the global level, there is a need for having consensus around linking
Disaster Risk Reduction with environmental management. As Disaster
management highlights the interdependence of the economy, envi-
ronment and inclusive development. While the Hyogo Framework
for Action (HFA) calls for efforts to “encourage the sustainable use and
management of ecosystems, through better land-use planning and
development activities to reduce risk and vulnerabilities.” The frame-
work promotes the implementation of “integrated environmental and
natural resource management approaches that incorporate disaster
risk reduction, including structural and non-structural measures, like
the integrated ?ood management and appropriate management of
fragile ecosystems.” In view of the Hyogo Framework of Action (HFA),
the UN-ISDR Global Joint Work programme for 2008-2009 sought to
ensure that “national and local authorities are better equipped to pro-
tect environmental services in coastal areas, ?ood and ?re-sensitive
basins and mountain ecosystems”(UNEP & UNISDR, 2010).
4
Hazards and disasters are two sides of the same coin; neither can be
fully understood or explained from the standpoint of either physical
science or social science alone; and are inextricably linked to the
ongoing environmental changes at global, regional and local levels.
Environmental hazards exist at the interface between the natural
events and human systems. Human responses to hazards can modify
both the natural events, and the human use of, the environment (Fig-
ure 1. Burton et. al.1993). Environmental degradation is a process that
reduces the capacity of the environment for meeting the social and
ecological objectives, and related needs. The potential effects of degrada-
tion varies, and may contribute to increase in vulnerable conditions along
and intensity in occurrence of natural hazards. Some examples include:
land degradation, deforestation, deserti?cation, wildland ?res, loss of
biodiversity, land, water and air pollution, climate change, sea level rise
and ozone depletion etc.
Disasters are events of environmental extremes which are inevitable enti-
ties of this living world. The major environmental changes driving hazards
and vulnerabilities to disasters are climate-change, land-use changes and
degradation of natural resource (Gupta and Nair, 2011). Environmental
causes consequences of disasters are illustrated in Figure 2.
Figure 1: Environmental hazards and interface of natural events system with human use system
(Burton et al., 1993)
5
‘In many countries and regions,
mangrove deforestation is
contributing to ?sheries decline,
degradation of clean water sup-
plies, salinisation of coastal soils,
erosion, and land subsidence, as
well as release of carbon dioxide
into the atmosphere.’
Professor Edward Barbier & Dr.
Mark Cox
Figure 2: Environmental causes and consequences of disasters (UNEP, 2010).
The inter-relationship between environment and disasters is now
widely recognized in terms of the following interfaces (GDRC).:
a. Environmental degradation leading to disasters: Environmental
changes are known to generate or aggravate disasters especially
of hydro-meteorological origin.
b. Environmental degradation causes vulnerability: Environ-
mental degradation causes vulnerability: People are going to be
Photo 1: Degraded mangroves in Vietnam. Source: aquaculturehub.org
6
worsely affected due to decline in
ecosystem services, i.e. the provi-
sional, recreational, regulatory and
supporting services. Environment
degradation reduces biomass
productivity, impacts livelihoods,
water, food, health, housing and
the overall economy, jeopardizing
the coping mechanism and capac-
ity of communities. Low survival
capacities result in high exposure to hazardous locations, social
unrest and conditions that increase disaster impacts.
c. Disasters impact environ-
ment and ecology: Disasters
cause primary and secondary
impacts on the environment,
affecting natural processes,
resources and ecosystems,
thereby creating condi-
tions for future disasters
or for a complex environ-
ment related emergency.
d. Relief & Recovery compromise environmental sustainability:
Aspects related to Environment is compromised during the event
of an disaster management operation and recovery process.
Due to improper disposal of disaster and relief waste, there is
a mis-management of natural resources such as water, or land,
inappropriate use or management of land- mostly ecological
sensitive zones or natural hazard prone zones –?ood plains, and
landscape modi?cations in the case of sanctuaries, national parks,
bio-reserves with introduction of alien species or substances
including organisms.
Photo 2: Deserti?cation, land degradation
and drought are major environmental threats
with serious impacts on human well-being ©
S.Manfredi. Source:http://ies.jrc.ec.europa.eu/
Photo 3: Photo of the National Park Service shows
a coral reef in Faga’alu Bay, American Samoa
that was ?attened by a tsunami September 2009.
Source : Paul Brown / AP
7
2.2 Environmental management and disaster
management cycle
Environment concerns are crucial in all phases of disaster management
and vice versa. Environmental services like shelter, water, food secu-
rity, sanitation, waste management and disease control form crucial
components of emergency relief. Considering disaster risk reduction
as important aspect in all stages of environmental management is
crucial in order to focus on disaster prevention and reduce risk from
hazards, minimization of
impacts, rehabilitation
and overall leading to
sustainability. Opportuni-
ties for integration also
exist in planning and de-
cision making tools, and
in regulatory provisions
pertaining to environ-
mental governance and
disaster management.
Figure 3 : Second Paradigm shift driven by awareness on
climate change and sustainability concerns
BOX 1: Environmental classi?cation of disasters
1) Environmental disasters
– Hydro-meteorological, forest ?re, geophysical, geochemical, biological e.g.
epidemics, pest infestation…., etc.
2) Technological disasters
– Industrial (chemical, electrical, mechanical), nuclear/radiological, aviation,
dam break, mining, structural collapse …., etc.
3) Civil disasters and con?icts
– Civil unrest, strike, war, sabotage, mass poisoning, bomb blast, stampede,
transport accidents.... etc.
* environmental disasters may be of natural origin or human-induced / man-made
and can also trigger a technological disaster or civil strife. On other hand, a techno-
logical mishap or civil disaster may trigger environmental calamity.
8
However, in order to facilitate a strategic and functional understanding
of the linkages between the two, a cross-examination and interpreta-
tion of environmental tools and legislation towards disaster manage-
ment is necessary.
Globally, disaster management has voiced a paradigm shift from
being ‘response & relief’ centric’ approach to becoming a ‘mitigation
and preparedness’ approach. As lessons are drawn from UN-IDNDR a
2
nd
paradigm shift is underway, driven by climate-change awareness
and sustainability concerns in disaster management (Figure 3, Gupta
et. al, 2009). This has resulted in a wider acceptance of the ‘Disaster
Risk Reduction’ as a concept over ‘Disaster Management’, and giving
recognition to the ‘environmental approach that includes disaster
risk reduction and management’, which is now of a prime concern in
disaster management strategies world over.
Environmental management for disaster risk reduction does not
exist as a formal ?eld of practice. Instead, its scope is largely de?ned
by the goals set by organizations working on related issues, such as
ecosystem conservation, , disaster risk reduction and climate change
adaptation and mitigation, etc.
Monitoring and observing environmental factors that signal the onset
of a hazard are fundamental to early warning systems. Environmental
monitoring and assessment play an important role in generating
relevant information that assists in identifying risks, vulnerabilities
and opportunities to promote community resilience (UNEP-UNISDR-
PEDRR,2010). Environmental governance includes policies, legal and
regulatory frameworks and institutional structures, and offers impor-
tant opportunities for mainstreaming disaster risk reduction into en-
vironmental management, and for strengthening the environmental
components of disaster risk reduction. Policy or regulatory frameworks
often specify levels of environmental protection and establish the
means for monitoring and enforcing protection.
9
Environmental approach to disaster risk management aims at utilizing
environmental knowledge and practices in all stages of the risk-cycle
so as to reduce the risk from disaster, and to ensure sustainability in
reconstruction and recovery process. It starts with the under-standing
of the environmental basis of disasters, or in other words – recogniz-
ing disasters as ‘environmental events’(Box 1).
“Human societies cannot be dissociated from the environment that
they shape and which in turn in?uence their development and liveli-
hoods. Together they form a comprehensive system with intrinsic
levels of vulnerability and inherent coping mechanisms. The less
degraded the environmental component of this system, the lower its
overall vulnerability and the higher its coping capacity” (OECD, 2010).
The principles set out in the Hyogo Framework are acknowledged by
the UN-ISDR, which de?nes ten opportunities for environment in the
context of disaster prevention or reduction (UNEP, 2010):
1. Engage environmental managers fully in national disaster risk
management mechanisms;
2. Include risk reduction criteria in environmental regulatory frame-
works;
3. Assess environmental change as a parameter of risk;
4. Utilize local knowledge in community-based disaster risk manage-
ment;
5. Engage the scienti?c community to promote environmental
research and innovation;
6. Protect and value ecosystem services;
7. Consider environmental technologies and designs for structural
defences;
8. Integrate environmental and disaster risk considerations in spatial
planning;
9. Prepare for environmental emergencies; and,
10. Strengthen capacities for environmental recovery.
10
In addressing the relationship between social and environmental
vulnerability and the occurrence of disasters, Wilches-Chaux (1993)
states, “There is no doubt those natural forces play an important role in
the initiation of several disasters, however it is no longer the case that
they can be considered the main cause of such disasters. There seem
to be three fundamentals causes that dominate the disaster processes
in the developing world, which is precisely where their incidence is the
largest”. Environmental and natural resource management are other
key elements in vulnerability reduction; it is essential to place continu-
ous emphasis on implementing long-term environmental measures
(IADB, 1999).
2.3 Disaster management law and environment
Country examples
South Africa’s Disaster Management Act, 2003, predated both the
World Conference on Disaster Reduction and the Hyogo Framework
for Action (2005), has generated particular interest as an example of
international best practice – especially in pro?ling the role of legisla-
tion in driving integration of DRR action across multiple sectors and
disciplines (BCPR, 2004).
India’s National Disaster Management Act, 2005, Chapter 1, Section 2(d)
has recognized ‘…substantial damage to life, human suffering…prop-
erty…and degradation of environment…’ as a ‘disaster’ and considered
the ?ora and fauna including microbes (damages and losses to life),
ecosystems-services, biodiversity, sustainability, environmental-health
Box 2: De?nition of disaster
“Catastrophe, mishap, calamity or grave occurrence in any area, arising
from natural or man-made causes, leading to accident, and resulting in
substantial loss of life or human suffering or damage to, and destruction
of property, or damage to, or degradation of environment, and is of such
a nature and/or magnitude as to be beyond the coping capacity of the
community of the affected area” (Disaster Management Act 2005, India)
11
(human sufferings), natural resources (property), and environmental
quality, climate, bio-productivity (environment) while evolving the
de?nition of ‘disaster’ (Box 2). Simultaneously, interpretation of the
coping capacity contexts ‘community’ as group of populations that
shall include all life forms of the area affected.
13
Objective of this unit is to analyse various environmental laws in rela-
tion to different phases of disaster management in different countries
of the world with special focus on Indian environmental legislation.
3.1 Introduction
Environmental legislation are the strategic tools for enforcing or
regulating the implementation of policy provisions, helping judicial
proceedings, courts and regulatory authorities to ?x the liabilities and
give judgment on penalty, relief or compensation, etc. Environmental
laws include provisions and regulations related to environment and its
constituents, protection and management of natural resources, water,
land, agriculture, forests, wildlife; habitats – protected areas, zoo, parks,
reserves; procedures and planning to safeguard environment; resources
and ecosystems. For environmental clearance, use EIA, audit, risk analy-
sis, land-use and zoning, emergency preparedness; and management
of environmental services - drinking water, sanitation, waste disposal,
preventive-healthcare, including climate mitigation and adaptation etc.
are also part of environmental laws and policies in many countries in-
cluding India. Although these regulations and policies are primarily aim-
ing at attaining environmental quality, resource management related to
procedures, and they have provisions related to Disaster Risk Reduction.
3.2 Environmental legislation
National legislation
a. Constitutional provisions
b. Common laws
c. Statutory laws
d. Customary laws
3
Learning Unit B
Environmental Legislation for
Disaster Risk Management
14
International law (treaty and conventions)
Taking example of India, environmental laws can also be broadly grouped
as below.
a. Laws on environment protection and conservation
b. Laws on pollution and waste management
c. Laws on safety and emergency preparedness
The laws on environmental protection (conservation, pollution and
waste management), are now becoming more relevant in Disaster
Risk Reduction (DRR) in the wake of paradigm shift in disaster man-
agement to pre-disaster risk reduction and post-disaster sustainable
recovery processes. Whereas the safety and emergency preparedness
provide for proper risk assessment, emergency planning and response
organization aims at minimizing the impacts of a disaster event. The
growing emphasis on ‘greening disaster response’ calls for greater
role of environmental law, and related standards and codes ensure
preventive environmental-health (food safety and shelter provisions,
water and sanitation, waste management and control of disease out-
break) so as to avoid secondary disasters and complex emergencies.
3.2.1 National laws
a. Constitutional provisions
Several countries across the world, constitution contains provisions
that establish environmental rights and duties with regard to conserv-
ing natural resources and for prevention of harm to life and health.
Indian constitution has many such provisions related to environment
and human rights. Article 21 of the Indian constitution states “No per-
son shall be deprived of his life or personal liberty except according
to procedure established by law”. The right to life has been employed
in a diversi?ed manner in India. Besides the mere right to survive as a
species, quality of life, the right to live with dignity and the right to live-
15
lihood etc. are also with the purview of Article 21. The Constitution of
India provides that all are equal before the law and shall be accorded
equal protection of the law.
Article 14 states that “The State shall not deny to any person equality
before the law or the equal protection of the laws within the territory
of India. Article 14 can be used to challenge government sanctions
for mining and other activities with high stakes on human rights and
environmental impact, where the permissions are arbitrarily granted
without adequate consideration of environmental impacts.
The Constitution Act of 1976 (Forty Second Amendment) explicitly
incorporated environmental protection and improvement as a part
of state policy. Article 48 A provides that the state shall endeavour to
protect and improve the environment and safeguard the forests and
wildlife of the country. Article 51A (g) imposes a similar responsibil-
ity on every citizen to protect and improve the natural environment
including forests, lakes, rivers and wildlife, and to have compassion for
living creatures. Thus, protection of natural environment and compas-
sion for living creatures was made the positive fundamental duty of
every citizen.
Section 11 of chapter 2 of the South African constitution deals with
the right to life, a non-derogable right. Under section 24 of chapter 2
of the South African constitution, everyone has the right to an envi-
ronment that is not harmful to health or well-being. Section 24 adds
that the government must act reasonably to protect the environment
by preventing pollution and ecological degradation, promoting con-
servation, and securing ecologically sustainable development, while
building the economy and society. Section 24 demonstrates that the
right to a healthy environment is part of the socio-economic right
of people of South Africa applied by the courts to give a meaningful
interpretation to the right to life similar to India.
16
Substantive procedural right to a clean environment is contained in
article II, section 16, of the Philippine Constitution, which states that
“The State shall protect and advance the right of the people to a bal-
anced and healthful ecology in accord with the rhythm and harmony
of nature”.
Article 50 of the Constitution of the Ukraine, adopted in 28 June 1996,
is another good example. It states: “Every person has the right to a safe
and healthy environment and to compensation for damages resulting
from the violation of this right”.
b. Common laws
The term “Common” is derived from the Latin word ‘Lex Communis’ the
body of customary law of England, which is based upon the judicial
decisions.
The Common law continues to be in force in India under Article 372 of
the constitution so far and is not yet altered, modi?ed or repealed by
statutory laws. Under the Common Law, an action might lie for causing
pollution of environment, viz., air, water, or noise if it would amount to
private or public nuisance. The common law remedies against envi-
ronmental pollution are available under the law of Torts. Tort is a civil
wrong other than a breach of trust or contract. The most important
tort liabilities for environmental pollution are under the heads of
nuisance, trespass, negligence and strict liability.
The Indian Penal Code formulated by the British during the British
Raj in 1860, forms the backbone of criminal law in India. The Code
of Criminal Procedure, 1973 governs the procedural aspects of the
criminal law. Indian Penal Code (IPC), 1860 makes various acts affect-
ing environment as offences (Chapter XIV, section 268 and 294 A).
Public health, safety, convenience, decency and morals are dealt under
these sections. IPC also cover the negligent handling of poisonous
substances, combustive and explosive materials. Criminal Procedure
17
Code, 1973 (CrPc) can also be invoked to prevent pollution. Chapter
X, Part B sections 133 to 143 provides the most effective and speedy
remedy for preventing and controlling public nuisance. Section 133
can be used against municipalities and government bodies.
c. Statutory laws
In 2005, the Hyogo Framework for Action (2005–2015) called for nation
states and the international community to ensure that DRR is a national
and local priority with a strong institutional basis for implementation.
The framework identi?ed legislation as a critical component in mov-
ing towards a comprehensive and mainstreamed DRR approach.
‘Adopt, or modify where necessary, legislation to support disaster risk
reduction, including regulations and mechanisms that encourage com-
pliance and that promote incentives for undertaking risk reduction and
mitigation activities’ (UN-ISDR, 2005).
Many countries do not have speci?c legislation for DRR (at least till
recently). Several countries enacted such legislation in last one de-
cade. e.g. India, Sri Lanka, Pakistan etc. However, these countries have a
number of sectoral environmental policies and laws which need to be
taken into account in the DRR framework.
Key environment policies and law may include agriculture, forests
and wildlife, habitat, water, land-use, sanitation, wild?re, etc. Failure
to acknowledge pre-existing sectoral policies with a bearing on DRR
can lead to the alienation of those working in these policy sectors,
generating perceptions of resource competition that can slow down
or stop progress. For example, Kenya has wild?re management legisla-
tion that contributes to prevention, but is not recognized as such in
disaster legislation (Pelling and Holloway, 2006).
Environmental laws and policies in India provide signi?cantly for
DRR in the context of natural disasters, but the environment sector
18
(narrowly recognized for chemical accidents management only),
and rarely represented in the membership of the National Disaster
Management Authority or the Board of the National Institute of
Disaster Management, the two statutory entities on DRR capac-
ity development under the Disaster Management Act, 2005 which
otherwise provides signi?cant consideration of ‘environment’ while
de?ning a ‘disaster’ (Box 2). De?nition of environment as per the
Environmental Protection Act (Section 2(a)). “Environment includes
water, air and land and the interrelation ship which exists among
and between water, air and land and human beings and other living
creatures, plants, micro organism and property”.
Environmental legislation have been contributing to risk reduction
aspects of disaster management and now are emerging to be relevant
for disaster preparedness, relief and recovery strategies due to grow-
ing recognition of ecosystem functions, livelihood issues, water and
sanitation, waste management and environmental health issues,
within the DRR agenda in general, and in particular, while integrating
climate-change adaptation. A list of laws and policies for environmen-
tal protection in India is given in Box 3.
Parliamentarians’ Plan of Action for Making Millennium
Development Goals
.
Programmes Disaster Resilient, Adopted at the Consultative Meeting
for West African Parliamentarians, Dakar, 2 June 2010
19
Box 3: Laws and Policies for Environmental Protection in India
ACTS
• The Indian Forest Act, 1927
• Factories Act, 1948
• Factories Amendment Act, 1987
• Wildlife (Protection) Act, 1972
• The Water (Prevention and Control of Pollution) Act, 1974
• Forest (Conservation), Act, 1980
• The Air (Prevention and Control of Pollution) Act, 1981
• Environment (Protection) Act, 1986
• The Public Liability Insurance Act, 1991
• Biological Diversity Act 2002
• Forest Rights Act, 2006 (Ministry of Tribal Affairs)
• The Cultural Heritage Conservation Bill 2010 ( draft)
• Mine and Mineral Act 2010
• National Green Tribunal Act, 2010
RULES
• The Manufacture, Storage and Import of Hazardous Chemicals
Rules,1989
• Manufacture, Use, Import, Export and Storage of Hazardous Micro-
organisms, Genetically Engineered Organisms or Cells Rules, 1989
• Emergency Preparedness, Planning and Response to Chemical Ac-
cidents Rules, 1996
• Dumping and disposal of fy ash discharged from coal or lignite based
thermal power plants on land, Rules, 1999.
• Bio-Medical Waste (Management and Handling) Rules, 1998
• The Hazardous Wastes (Management and Handling) Rules,1989
• Environment (siting for industrial projects) Rules, 1999
• The Noise Pollution (Regulation and Control) (Amendment) Rules,
2000
• The Municipal Solid Waste (Management & Handling) Rules, 2000
• Hazardous Waste (Management, Handling and Trans-boundary)
Rules, 2008
• Wetlands (Conservation and Management) Rules, 2010
• Guidelines for diversion of forests lands for non-forest purposes under
the Forest (Conservation) Act, 1980
• Plastic Waste (Management and Handling) (Amendment) Rules, 2011
20
Noti?cations
• Coastal Regulation Zone (CRZ) Notifcation (revised 2011)
• EIA Notifcation 1994 (revised 2006)
Policies
• National Forest Policy, 1988
• National Water Policy, 2002
• National Agricultural Policy, 2000
• National Environment Policy 2006
• National Disaster Management Policy, 2009
Other laws
Disaster Management Act, 2005. (recognises damage /destruction of envi-
ronment as disaster)
Law relating to land use zoning, land acquisition,land pooling, resettlement
and rehabilitation also have provisions for environmental protection.
Important environmental laws in the United States are brie?y de-
scribed in Box 4.
BOX 4: Environmental laws in the United States
• Food Quality Protection Act (1996) is to ensure that food quality meets
strict standards for public health protection. Under this law, the Envi-
ronmental Protection Agency is required to better protect infants and
children from pesticides in food and water, and from indoor exposure to
pesticides.
• Food, Agriculture, Conservation, and Trade Act (1990) contains a
title on the conservation of environment intended to protect soil
and water resources, a conservation plan (FACTA90) and includes the
Conservation Reserve Program, the Wetlands Reserve Program and the
Environmental Easement Program to remove agricultural production
in environmentally sensitive areas, including highly erodible cropland,
wetlands, and areas which threaten surface and groundwater quality.
• Water Quality Act (1987), Section 404, have speci?c provisions for
regulating the discharge into waters including marshes and wetlands,
which are associated with activities, such as port development; chan-
nel construction and maintenance; development sites; and water re-
source projects, such as dams, jetties, and levies; land-clearing and soil
deposition, which lead to the change the hydrology; ?ow or circulation
21
of waters, and affect the wetland area.
• Emergency Planning and Community Right-to-Know Act (1986)
requires companies to disclose information about toxic chemicals they
release into the air and water and dispose off on the land.
• Comprehensive Environmental Response, Compensation, and Li-
ability Act (CERCLA) (1980) commonly called as the Superfund Law,
requires cleanup of releases of hazardous materials in air, surface and
groundwater, and on land. The legislation established a trust fund
to pay for cleaning up the environment and the liability for cleanup
costs.
• Surface Mining Control and Reclamation Act (1977) is intended to
ensure that coal mining activity is conducted with suf?cient protection
of the public and the environment, and provides for the restoration of
abandoned mining areas to bene?cial use.
• Fisheries Conservation and Management Act (1976) governs the
management and control of U.S. marine ?sh populations, and is
intended to maintain and restore healthy levels of ?sh stocks and
prevent over harvesting.
• Federal Land Policy and Management Act (1976) provides for pro-
tection of the scenic, scienti?c, historic and ecologic values of federal
lands and for public involvement in their management.
• Resource Conservation and Recovery Act as Amended (RCRA) (1976)
to regulate the disposal of all types of solid wastes, with emphasis on
hazardous waste disposal. Under the law, EPA lists substances that are
considered hazardous when disposed of on land. Act provides the
requirements for treatment, storage, and disposal of the waste.
• Safe Drinking Water Act (1974) establishes drinking water standards
for tap water safety, and requires rules for groundwater protection
from underground injection; amended in 1986 and 1996, added a fund,
and included public “right to know” requirements to inform consumers
about their tap water.
• Endangered Species Act (1973) is to protect and recover endangered
and threatened species of ?sh, wildlife and plants in the United States
and beyond. The law works in part by protecting species habitats.
• Coastal Zone Management Act (1972) provides a partnership struc-
ture allowing states and the federal government to work together
for the protection of U.S. coastal zones from environmentally harmful
overdevelopment. The program provides federal funding to participat-
ing coastal states and territories for the implementation of measures
22
that conserve coastal areas.
• Marine Mammal Protection Act (1972) seeks to protect the species of
marine mammals, many of which remain threatened or endangered.
The law requires wildlife agencies to review any activity that has the
potential to “harass” or kill these animals in the wild. The law is the na-
tion’s leading instrument for the conservation of these species, and is
an international model for such laws.
• National Environmental Policy Act (1970) was the ?rst of the modern
environmental statutes. NEPA created environmental policies and
goals for the country, and established the President’s Council on En-
vironmental Quality. It’s most important feature is its requirement that
federal agencies conduct thorough assessments of the environmental
impacts of all major activities undertaken or funded by the federal
government.
There are several other legislation, for example, Solid Wastes Disposal
(State) Act of US, which provide for protection of drainage systems and low
lying areas from being affected by garbage, dirt or otherwise. Other laws of
concern are the Atomic Energy Act (1954), Oil Pollution Act (1990), Clean Air
Act (1970), Clean Water Act (1972), etc.
(Source: Natural Resources Defence Council, New York,http://www.nrdc.org/reference/laws.asp)
Environmental litigation can take many forms, including civil actions
based on tort, contract or property law, criminal prosecutions, public
interest litigation, enforcement of constitutional rights, international
law, and also involve dealing with trans-boundary issues (Shelton
and Kiss, 2005). Necessary integration of DRR and development goals
have been recognized at national Government level in Nepal in its
National Development Planning, National Policy on Environmental
Adaptation to Climate Change, and National Strategy for Disaster Risk
Management recognizing their interrelatedness (NSET, 2008). In Nepal,
the Water Resources Act, 1993 contains provisions to minimize envi-
ronmental impacts, including soil erosion, ?oods and landslides. This
provision calls for carrying out an EIA study prior to project implemen-
tation (Section 20). The Electricity Act, 1993 also contains provisions to
minimize soil erosion, ?oods, air pollution and damage to the environ-
23
Box 5: Policies related to environment and natural resources in Nepal
• National Conservation Strategy, 1988
• Nepal Environmental Policy and Action Plan, 1993
• Tourism Policy, 1995
• Solid Waste Management Policy, 1996
• Hydropower Development Policy, 2001
• Nepal Biodiversity Conservation Strategy, 2002
• National Wetland Policy, 2003
• Irrigation Policy, 2003
ment (Section 24). The Electricity Rules, 1993 stresses environmental
analysis, which should include environmental mitigation measures to
minimize adverse impacts (Rule 12 and 13).
Environmental governance and its development in Nepal have con-
tributed towards disaster risk reduction and climate-change adapta-
tion framework as well. The Environment Protection Act, 1996 (Nepal)
envisaged for the ‘Development of Environmental Action Plans’ at
various levels of governance has provided an umbrella framework to
the ‘disaster prevention and mitigation’ and it’s mainstreaming into
developmental planning. Decision-making, plans and programmes
for environmental protection and natural resource management, and
thereby inducted provisions for disaster mitigation and resilience in
Nepal, are guided by a number of environment-related policies (Box 5).
Box 6: Acts and rules on environment in Sri Lanka
• National Environmental Act No. 47 of 1980 (broad framework on envi-
ronmental protection including Environmental Impact Assessment)
• Forest Ordinance No. 16 of 1907
• State Lands Ordinance No. 8 of 1947 (lands and management of re-
sources, including lakes, rivers and streams)
• Irrigation Ordinance No. 32 of 1946 (environmental aspects of water,
irrigation and land use in agriculture)
• Water Resources Board Act No. 29 of 1964 (afforestation, pollution of
24
In Sri Lanka, Acts and Rules on environment signi?cantly provide for
disaster risk mitigation and ecological sustainability in disaster manage-
ment actions. Important environmental laws of Sri Lanka are given in
Box 6.
e. Customary Law
Customary law is an important source of international environmental
law. These are norms and rules that countries and communities follow
as a matter of custom and they are so prevalent that they bind the
states. When a principle becomes customary law is not clear cut and
many arguments are put forward by states not wishing to be bound.
Examples of customary international law relevant to the environment
include the duty to warn other states promptly about icons of an
environmental nature and environmental damages to which another
state or states may be exposed, and Principle 21 of the Stockholm
Declaration (‘good neighbourliness’ or sic utere).
Customary law, by de?nition, is a non-state legal system that paral-
lels the substantive and procedural functions of the state made
laws. Unlike State laws, these emerge from within the community and
command social acceptance and observance. Statutory law is uniform
whereas customary law is an adaptive, ?exible, evolving body of
rivers, streams and other water courses, use of water resources)
• Coast Conservation Act No. 57 of 1981 as amended (Coastal Zones and
activities within such zones)
• Soil Conservation Act No. 25 of 1951 (conservation of soil resources,
mitigation of soil erosion and the protection of lands against ?ood and
drought)
• Plant Protection Act No. 35 of 1999 (plant diseases, pests, wild plants
and invasive species)
• Felling of Trees (Control) Act No. 9 of 1951
• Flood Protection Ordinance No. 4 of 1924 as amended (protection of
areas from ?ood damage and declare a ?ood area).
• Urban Development Authority Law No. 41 of 1978.
25
norms and rules governing the behaviour of communities. While the
former is for the community latter is in the community.
Recognition of the importance of customary laws in India is evident
from the enactment of The Provisions of the Panchayat (Exten-
sion to Scheduled Areas) Act, 1996 (PESA) and the Forest Rights Act
(2006). The provisions of the Panchayat have been extended to the
Scheduled Areas with exceptions and modi?cations as speci?ed in
the Extension Act. One of the important features of PESA is that it ac-
knowledges the competence of Gram Sabha, the formal manifestation
of a village community, to ‘safeguard and preserve the traditions and
customs of the people, their cultural identity, community resources
and the customary mode of dispute resolutions. A good example of
speedy and ?exible redressal under customary law can be found in
Box 7 Few examples of Case law,Guiding laws,
standards and codes
Case laws
Judgments and directives of the courts, while deciding on a case involving
environmental concern, right or violation, are important contributions to
environmental jurisprudence and become part of environmental law for
reference in future litigation. These also contribute to the development
of environmental law and induct the process of amendments in speci?c
contexts. Court’s decision on ‘The right to live in a healthy and balanced
environment’ (in cases, viz. Asociacion Para la Proteccion de Medio Ambi-
ente y Educacion Ecologica ‘18 de Octubre’ v Aguas Argentinas S.A. & otros,
Federal Appellate Tribunal of La Plata (2003); Kattan, Alberto and Others v.
National Government, Juzgado Nacional de la Instancia en lo Contencioso
administrativo Federal. No. 2, Ruling of 10 May 1983, La Ley, 1983-D, 576) are
examples of case laws. The clashing interests of forests and agriculture set
the stage for Sibaji Waiswa v. Kakira Sugar Work Ltd (High Court of Uganda,
Jinja, No. 6/2001). While the main suit over the Butamira Forest reserve was
pending, respondent entered the disputed forest reserve, uprooted trees
and routinely destroyed seed nurseries, resulting in an irreparable dam-
age to the environment. The Court held that an award of damages alone
could not adequately compensate for the alleged environmental damage
(Shelton and Kiss, 2005).
26
Guiding laws, standards and codes
These are non-binding laws, and may be supported or prescribed
by the regulations but are not regulations in itself. Quality standards
often vary according to the particular use made of the environmental
resource. For example, different water quality standards may be set
for drinking water and water used for bathing and ?shing. Quality
standards also can vary in geographic scope, covering national or
regional zones, or a particular resource, such as a river or lake, but each
quality standard establishes base norms against which compliance
or deviance are measured. Standard methods of American Water
Works Association (APHA/AWWA) and WHO water quality standards
were referred worldwide, whereas, Sphere standards are recognized
in minimum relief in disasters. In India, a number of Environmental
Standards and Codes/Standard Procedures are developed by the
Bureau of Indian Standards (BIS), Central Pollution Control Board
(CBCB), Indian Council of Medical Research (ICMR), Indian Bureau of
Mines (IBM), Directorate General of Factory Advice Service & Labour
Institutes (DGFASLI), and Geological Survey of India (GSI).
the Nishi case from Arunachal Pradesh, India. The village headmen
had constituted a volunteer force to monitor any illegal activities
in the community forest.
3.2.2 International law
International law is considered the supreme body of law by interna-
tional tribunals and in international relations. International law may
be considered persuasive in interpreting constitutional or statutory
provisions. The jurisprudence of international tribunals also can be
considered in this context. In Andhra Pradesh Pollution Control Board-
II v. Prof. M.V. Nayudu & Others [2001] 4 LRI 657, Sup. Ct. India, the Court
referred to the Declaration of the United Nations Water Conference,
the International Covenants on Civil and Political and Economic, Social
and Cultural Rights, and the Rio Declaration on Environment and
Development as persuasive authority in implying a right of access to
27
drinking water as part of the right to life in the Indian Constitution.
The main principles of international environmental law are found in
treaty law (The Brundtland Commission). ‘Legal regimes are rapidly
outdistanced by the accelerating pace and scale of impacts on the en-
vironmental base of development.’ Law must be reformulated to keep
human activities in harmony with the unchanging and universal laws
of nature (Brundtland, 1987). On occasion, courts have looked to trea-
ties for the meaning of unde?ned terms in national law. In Ramiah and
Autard v. Minister of the Environment and Quality of Life (Mar. 7, 1997),
the Mauritius Environment Appeal Tribunal looked to the Ramsar Con-
vention for a de?nition of wetlands, even though the convention had
not yet been rati?ed by Mauritius. The Ministry of Environment agreed
that the Convention provided guidance on the issue.
The sources of international law that may become domestic law
through incorporation generally include those sources as listed under
Article 38 of the Statute of the International Court of Justice. The Stat-
ute refers to (a) international conventions, (b) international custom, (c)
general principles of law, and, (d) judicial decisions and doctrine, as
subsidiary persuasive sources.
3.3 Principles of environmental law
Sustainable Development
Most commonly accepted and cited de?nition is of sustainable de-
velopment is that of the Brundtland Commission on Environment
and Development, which stated in its 1987 Report, that sustainable
development is development that meets the needs of the present
without compromising the ability of future generations to meet
their own needs. The parameters of sustainable development are
clari?ed in Agenda 21 and the Rio Declaration, both adopted at
UNCED.
28
Inter-Generational and Intra-Generational Equity
Equity is central to the attainment of sustainable development. Principle
3 of the 1992 Rio Declaration states that “The right to development must
be ful?lled so as to equitably meet developmental and environmental
needs of present and future generations; and Rio Principle 5 provides
that all States and all people shall cooperate in the Essential task of
eradicating poverty as an indispensable requirement for sustainable
Development, in order to decrease the disparities in standards of living
and better meet the needs of the majority of the people of the world.
Equity thus includes both inter-generational equity (i.e. the right of
future generations to enjoy a fair level of the common patrimony) and
intra-generational equityî (i.e. the right of all people within the current
generation to fair access to the
current generations entitlement to the Earth’s natural resources). The
concept of equity is also embodied in the United Nations Millennium
Goals (e.g. the Eradication of Poverty) and Millennium Declaration (e.g.
paragraphs 6, 11 and 21).
Precautionary Principle
Precautionary principle is essential to protecting the environment (in-
cluding human health) and is accordingly one of the most commonly
encountered concepts of international environmental law. 1992 Rio
Declaration , Principle 15 states that “ In order to protect the environ-
ment, the
Precautionary approach shall be widely applied by States according
to their capabilities. Where there are threats of serious or irreversible
damage, lack of full scienti?c certainty shall not be used as a reason
for postponing cost-effective measures to prevent environmental
degradation”.
The Polluter Pay Principle
29
The ‘polluter pays principle’ states that whoever is responsible for
damage to the environment should bear the costs associated with it.
Principle 16 of the Rio Declaration, 1992 provides “ National authorities
should endeavour to promote the internalization of environmental
costs and the use of economic instruments, taking into account the
approach that the polluter should, in principle, bear the cost of pol-
lution, with due regard to the public interest and without distorting
international trade and investment”.
3.4 International environmental law and India’s
obligations
India has obligations under numerous international treaties and
agreements related to environment. As a party India either have
rati?ed a treaty by adopting it as a national law before it came into
force or by acceding to it after come into force. A treaty will come into
into force the requisite number of countries must ratify the treaty.
Some of the most important global treaties are The Antarctic Treaty
(1961) , Ramsar Convention (1971), Stockholm declaration on Human
Environment (1972), World Heritage Convention (1972), Convention
on International Trade of Endangered Species (1973), United Nations
Convention on the Law of the Sea (1982), Vienna Convention for the
Protection of the Ozone Layer (1985), and its 1987 Protocol; Basel
Convention (1989), Climate Change Convention (1992); Convention
to Combat Deserti?cation (1994), Biodiversity Convention, (1992),
Rio declaration on Environment and development (1992), Rotterdam
Convention on the Prior Informed Consent Procedure for Certain
Hazardous Chemicals and Pesticides in International Trade (1998),
Stockholm Convention on Persistent Organic Pollutants (2001), The
Johannesburg declaration on Sustainable Environment (2002).
The Convention on Wetlands (Ramsar, Iran, 1971) is an intergovern-
mental treaty whose mission is “the conservation and wise use of all
wetlands through local, regional and national actions and international
cooperation, as a contribution towards achieving sustainable develop-
30
ment throughout the world”. The concept of precaution operates as part
of a science-based approach to regulation, with no substitute for such
an approach where perceptions on disaster risk and vulnerability have
been addressed in international law. “The likelihood of environmental
harm” (e.g., the Rio Declaration Principle 15 uses “where there are
threats;” the 1996 Protocol to the London Dumping Convention Article
3 uses “reason to believe [dumping] is likely to cause harm”); “the extent
of environmental harm” (e.g. Biosafety Protocol Articles 10 and 11 use
“potential adverse effects;” U.N. Framework Convention on Climate
Change Article 3 uses “threats of serious or irreversible damage”).
Stockholm Declaration on the Human Environment 1972 is a
landmark in international relations as it placed the issue of protection
of biosphere on the of?cial agenda of policy and law of the member
states. Environmental law instruments that link the environment and
human rights began to appear as early as 1972, in the Stockholm Dec-
laration on Human Environment, which states that “Man has the fun-
damental right to freedom, equality and adequate conditions of life, in
an environment of quality that permits a life of dignity and well being”.
Environmental Protection and development were conceptualised
as two sides of a coin inseparable from each other. Hence Environ-
mental protection was an essential element of social and economic
development. Principle 1 of the declaration provides that man has the
fundamental right to freedom, equality and adequate conditions of
life in an environment of quality that permits a life of dignity and well-
being and he bears the sole responsibility to protect and improve the
environment for present and future generations. Principle 6 provides
for the discharge of toxic substances that can cause serious or irrevers-
ible damage to ecosystems must be halted. Principle 15 provides that
planning must be applied to human settlements and urbanisation
with a view of avoiding adverse effects on environment. Principle
18 incorporates the “precautionary principle” which propagates the
avoidance of environmental risks. Principles of the Stockholm Declara-
tion on Human Environment have many provisions on risk avoidance,
31
risk reduction and integration of environment as a part of the Disaster
Risk Reduction and Sustainable Development.
The Vienna Convention for the Protection of the Ozone Layer
(adopted, 1985, entered into force, 1988) to protect human health
and the environment against adverse effects resulting from human
activities: The ultimate objective of the Convention is to protect hu-
man health and the environment against adverse effects resulting
from human activities which modify or likely to modify the ozone layer
and urges the Parties to take appropriate measures in accordance
with the provisions in the Convention and its Protocols which are in
force for that Party. The Montreal Protocol on Substances that Deplete
Ozone Layer adopted, 1987; entered into force, 1989, provides for the
control on production of ozone depleting substances: The Montreal
Protocol on Substances that Deplete Ozone Layer is a protocol under
the Vienna Convention. The Protocol controls the production and
consumption of the most commercially and environmentally signi?-
cant ozone-depleting substances - those listed in the Annexes to the
Protocol. One feature of the Montreal Protocol which makes it unique
is Article 6 that requires the control measures to be revised at least
every four years (starting 1990), based on the review and assessment
of latest available-information on scienti?c, environmental, technical
and economic aspects of the depletion of ozone layer
The Basel Convention on the Control of Transboundary Move-
ments of Hazardous Wastes and their Disposal was adopted on
22 March 1989 by the Conference of Plenipotentiaries in Basel, Swit-
zerland, in response to a public outcry following the discovery, in the
1980s, in Africa and other parts of the developing world of deposits
of toxic wastes imported from abroad. The overarching objective of
the Basel Convention is to protect human health and the environment
against the adverse effects of hazardous wastes. Its scope of applica-
tion covers a wide range of wastes de?ned as “hazardous wastes”
based on their origin and/or composition and their characteristics,
32
as well as two types of wastes de?ned as “other wastes” - household
waste and incinerator ash.
The Biodiversity Convention provides a number of general obliga-
tions for member states. These include in particular a commitment to
develop national strategies, plans or programmes for the conservation
and sustainable use of biological diversity. Conservation under the
Convention is to be achieved in two ways. Firstly, the Convention em-
phasizes on Insitu conservation which proposes the conservation of
genes, species and ecosystems in the surroundings where they have
developed their distinctive properties. The In-situ and Ex-situ con-
servation implies among other things of the development of guide-
lines for protected areas; the regulation of biological resources; the
promotion of the protection of ecosystems, natural habitats and the
maintenance of viable populations of species in natural surroundings;
the promotion of environmentally sound and sustainable develop-
ment in adjacent areas; the rehabilitation and restoration of degraded
ecosystems and the promotion of the recovery of threatened spe-
cies; controlling the risks associated with the use of living modi?ed
organisms; controlling alien species; seeking compatibility between
present and future use; developing necessary legislation to protect
threatened species or populations; regulating any processes or activi-
ties found to have an adverse impact; and providing ?nancial support
for in situ conservation, especially in developing countries. Secondly,
supplementary ex-situ conservation outside the natural habitats of
the protected biodiversity components has also been proposed. Ex
situ conservation requires the use of gene banks and zoological and
botanical gardens to conserve species, which can contribute to saving
endangered species. CBD de?nes biotechnology and provides on the
widespread and potential risks associated with the handling and in-
troduction into the environment of living modi?ed organisms (LMOs).
The need to promote bio-safety has centred on two related issues: (1)
protect workers and prevent accidental liberation into the surround-
ing ecosystem, and (2) regulatory systems to govern the deliberate
33
release of LMOs into the environment. A risk assessment report as part
of a regulatory process has been envisaged.
The United Nations Framework Convention on Climate Change is
concerned with greenhouse warming. The Protocol to the UN Frame-
work Convention adopted in Kyoto on December 11, 1997 speci?ed
different goals and commitments concerning emission of greenhouse
gases. The potential adverse effects of climate-change have been
characterized as changes in the physical environment or biota which
have signi?cant deleterious effects on the composition, resilience or
productivity of natural and managed ecosystems or on the operation
of socio-economic systems or on human health and welfare (U.N.
Framework Convention on Climate Change (New York, May 9, 1992),
Art. 1. IPCC formation). Article 3(3) of the Convention refers to minimiz-
ing the cause and mitigating adverse effects, with obligations (articles
4 and 12) for inventory of emissions, sinks and reservoirs, technology
transfer, coastal zone management and research cooperation.
The Rio Declaration states that the only way to achieve long-term
economic progress is to link it to environmental protection. Therefore,
nations must establish a new and equitable global partnership involv-
ing governments, populations and key sectors of societies and build
international agreements that protect the integrity of the global envi-
ronment and the development system. The Rio declaration thus reaf-
?rms and builds upon the declaration of the United Nations Confer-
ence on the Human Environment, adopted in Stockholm 1972 where
there was a presence of many world leaders from 179 countries. The
UNECD in Rio underlined that thinking of environmental, economic
and social development as isolated ?elds is no longer possible. At the
Earth Summit major international treaties and agreements were made
on issues of global climate change, biological diversity, deforestation,
and deserti?cation. In addition the Rio Declaration contains funda-
mental principles on which nations can base their future decisions
and policies, considering the environmental implications of socio-eco-
34
nomic development. Principle 6 states that the special situation and
needs of developing countries, particularly the least developed and
those most environmentally vulnerable, shall be given special priority.
International actions in the ?eld of environment and development
should also address the interests and needs of all countries. Principle
7 states that “States shall cooperate in a spirit of global partnership to
conserve, protect and restore the health and integrity of the Earth’s
ecosystem”. According to Principle 13, “States shall develop national
law regarding liability and compensation for the victims of pollution
and other environmental damage. States shall also cooperate in an
expeditious and more determined manner to develop further inter-
national law regarding liability and compensation for adverse effects
of environmental damage caused by activities within their jurisdiction
or control to areas beyond their jurisdiction”. Principle 18 states that
“States shall immediately notify other States of any natural disasters or
other emergencies that are likely to produce sudden harmful effects
on the environment of those States. Every effort shall be made by the
international community to help States so af?icted.
Agenda 21 was adopted at the Earth Summit 1992 in Brazil by nations
representing over 98% of the Earth’s population, it is the principal
global plan to confront and overcome the economic and ecologi-
cal problems of the late 20th Century. It provides a comprehensive
blueprint for humanity to use to forge its way into the next century by
proceeding more gently upon the Earth. As its sweeping programs are
implemented world-wide, it will eventually have an impact on every
human activity on our planet. Deep and dramatic changes in human
society are proposed by this monumental historic agreement. Under-
standing those changes is essential to guide us all into the future on
our fragile planet. Seven Central Themes of Agenda 21 include 1.The
Quality of Life on Earth, 2. Ef?cient use of the Earth’s Natural Resources,
3. The Protecting of our Global Commons, 4.Management of Human
Settlements, 5. Chemicals and the Management of Waste, 6.Sustain-
able Economic Growth and 7. Implementing Agenda 21. Chapter 3 on
35
the ef?cient use of the Earth’s natural resources deals with different
types of resources, detail reasons for protecting them, and bene?ts
associated with resource protection. Areas of concern include: sus-
tainable agriculture, water, energy, bio-diversity, and bio-technology
.Forests, Deserts and drought and mountain ecosystems are given
special importance.
Salient principles of “sustainable development “ as culled out from
Brundtland Report, Rio- declaration and Agenda 21 are (i) Intergen-
erational Equity (ii) Use and conservation of Natural resources (iii)
Environmental Protection (iv) The Precautionary Principle (v) Polluter
Pays Principle (vi) Obligation to Assist and Cooperate (vii) Eradication
of Poverty and (viii) ?nancial assistance to developing countries . These
principles are important in achieving disaster risk reduction as well.
Responsibility of transboundary harm
Principle 22 of the Stockholm Declaration provides that states are to
“cooperate to develop further the international law regarding liability
and compensation for the victims of pollution and other environmen-
tal damage caused by activities within the jurisdiction or control of
such States to areas beyond their jurisdiction. Twenty years later,
Principle 13 of the Rio Declaration called on States to develop national
law regarding liability and compensation for victims of pollution and
other environmental damage. Principle 2 provides that “States have, in
accordance with the Charter of the United Nations and the principles
of international law, the sovereign right to exploit their own resources
pursuant to their own environmental and developmental policies, and
the responsibility to ensure that activities within their jurisdiction or
control do not cause damage to the environment of other States or of
areas beyond the limits of national jurisdiction”.
3.5 Environmental provisions for DRR in national laws
Almost all the environmental laws provide for facilitating or sup-
porting actions that either directly or indirectly helpful in reducing
36
the intensity and frequency of hazards and vulnerabilities, risks and
in improving post-disaster emergency management and recovery
process.
Examples of environmental law on certain key references of environmen-
tal approach within DRR procedures or guidelines are given hereunder:
People’s environmental rights and sustainable systems of natural re-
source management hold the key of vulnerability control and natural
hazard mitigation. Among states of Latin America, Argentina deems
the right to environment a subjective right entitling any person to
initiate an action for environmental protection. In Irazu Margarita
v. Copetro S.A., Camara Civil y Comercial de la Plata, Ruling of 10 May
1993 (available at www.eldial.com), the court said: “The right to live in a
healthy and balanced environment is a fundamental attribute of people.
Any aggression in the environment ends up becoming a threat to life
itself and to the psychological and physical integrity of the person”.
“African Charter on Human and Peoples Rights” (1981) was the ?rst
international human rights instrument to contain an explicit guaran-
tee of environmental quality. Subsequently, the American Convention
on Human Rights included the right of everyone to live in a healthy
environment (Articil. 11).
Land use controls form an important part of the environmental laws for
both urban and rural areas, through zoning, physical planning, and the
creation of protected areas. Zoning helps distribute harmful activities
in order to limit potential damages and allow different legal rules from
zone to zone for more effective protection. In Alabama, numerous fed-
eral and state laws contain provisions affecting agricultural land use and
land use patterns (LaParde and Hairston, 2004). Zoning helps implement
the concept of environmental justice by ensuring that the bene?ts and
burdens of resource use are shared throughout the society, and thereby,
reduce people’s vulnerability to hazards. Bene?ts from urban agriculture
37
in economical, social, and environmental terms are envisaged in the
Michigan Right to Farm Act. Pre-emption of Detroit Zoning provides for
adopting an ordinance for ‘environmental site assessment’ for agricul-
ture and related activities in urban areas (Meyer, 2011).
In India, National Resettlement and Rehabilitation Policy, 2007, and the
Proposed Land Acquisition, and Rehabilitation and Resettlement Bills
also provide for ef?cient management of land use and land resources.
A recent initiative on River Regulation Zone for ?ood risk management
is underway in India’s Ministry of Environment and Forests (Box 8).
The Sun Prairie Zoning Regulations - Chapter 7 (Town of Windsor ETJ
Area) is focused on natural resource protection, and provides for perma-
nently protected open spaces, mitigation standards, natural resource
site evaluation, and residential and non-residential minimum standards
including Green Space Ratios (GSR) and Landscape Surface Rations
(LSR) related to State of Wisconsin Statures 62.231; Dane County Code of
ordinances pertaining to ?oodplains++. It prescribes for drainage ways
protection, pollutants and sediments control, in?ltration and ground-
water recharge, and habitat for water/land margin with emphasis on
BOX 8: River Regulation Zone Noti?cation
The High Court in Allahabad (India) recently issued a directive for the halt
of construction activities and provided for the regulation of construction
activities to encroachments within 500 metres of the (Ganga) river’s high-
est ?ood level (Seth, 2011). As of now, there is no regulation to protect
?oodplains from encroachment, where lives are at risk when rivers are in
?ood. Inevitable is the loss of its ecology as well as groundwater recharge
zones. Union Ministry of Environment and Forests is attempting to notify a
River Regulation Zone (RRZ) noti?cation on the lines of the Coastal Regula-
tion Zone noti?cation, and seeks to regulate activities within 500 metres
from the boundary of the ?oodplain. A primary objective of notifying
RRZ is to protect people from ?oods and to protect the river system from
anthropogenic hazards.
38
soil erosion prevention, vegetative cover and runoff ?ows. It provides
for steep slope protection with environmental measures, re-vegetation
and ?ood risk reduction (Section 13W-7-8), and ridge top protection
with environmental protection and site stabilization using mixed ap-
proach of biological and engineering methods (Section 13W-7-9).
Ecosystems contain a complex interrelationship of species and func-
tions, governed by natural rules leading towards equilibrium. The
diversity of ecosystems is itself an essential part of biological diver-
sity (Shelton and Kiss, 2005). An International Treaty on Plant Genetic
Resources for Food and Agriculture (Rome, Nov. 3, 2001) recognizes
the sovereign rights for the conservation and sustainable use of plant
genetic resources, in harmony with the Convention on Biological Di-
versity, for sustainable agriculture and food security. Many states have
enacted laws to designate and protect wetlands. The Ramsar Conven-
tion on Wetlands of International Importance (Feb. 2, 1971) was the
?rst treaty based entirely on the idea that habitat should be the focus
of protection.
The Ministry of Agriculture, Irrigation and Livestock in Afghanistan is
currently developing the Forest Law and the Rangeland Law, both of
which will become law, once approved by the National Assembly. The
Ministry is also drafting hunting and wildlife regulations, which will be
issued under the Environment Law (Shelton and Kiss, 2007).
In Belgium, protected areas are legal persons and can be represented
in litigation tending to their rehabilitation (Cour correctionnelle de
Bruges, Belgique), September 16, 1998, O.M. et Réserves naturelles
v. E.R., Luc Lavrysen, p.571). India’s Forest Conservation Act of 1980
(amended 1988) restricts assigning any forest land to any private
person for any non-forest purposes.
The National Heritage Wilderness Area Act No. 3, 1988 (Sri Lanka)
and, Fauna and Flora Protection Ordinance, 1993 (amendment) sig-
39
ni?cantly provide for coastal reserves, protection areas of catchments,
and forest possessing unique ecosystems, and thereby, for mitigation
of hazards and reduction of ecological vulnerability towards risk of
hydro-meteorological disasters. Indian Fisheries Act, 1897, provides for
prohibition of explosions and poisoning of waters for destruction of
?shes.
In the Philippines, the passing of the Disaster Risk Reduction and
Management Law in 2010 and the Climate Change Law in 2009 re?ect
signi?cant advancements in orienting DRM towards a risk reduction
and resilience approach. This has been hard won by a multitude of
stakeholders. Supported by the context of participatory governance
and the culture of ‘accountability’, important lessons have been
emerging from the Philippines from efforts to hold the government to
account on its DRR responsibilities (Polack et al., 2010). Environmental
law, thus, not only provides for ‘accountability’ of actions but also helps
make decisions and negotiations in trans-boundary implications of a
major hazard or its effects. Informational rights are widely found in
environmental treaties and regional agreements, including the 1992
Helsinki Convention on the Protection and Use of Transboundary
Watercourses and International Lakes (Art. 16), the 1992 Espoo Con-
vention on Environmental Impact Assessment in a Transboundary
Context (Art. 3[8]), and the 1992 Paris Convention on the North-East
Atlantic (Art. 9).
Environmental regulations provide for the application of environmen-
tal assessment and evaluation tools help reduce the risk of disasters
by generating knowledge of the hazards and underlying causes
of vulnerability within the process of planning itself. EIA became a
regulatory provision with National Environmental Protection Act in
1969 (USA). Environmental clearance of major developmental and in-
dustrial projects in India as per EIA noti?cation (1994, 2006) under the
Environmental Protection Act, 1986, speci?cally requires (a) Environ-
ment Impact Assessment Report, (b) Environment Management Plan
40
including a disaster management plan, and (c) Rehabilitation plans
(wherever necessary) for assessing the case.
Several environmental laws provide for conservation and manage-
ment of water environment. Water (Cess) Act, 1977, in India, prescribed
for collection of charges for withdrawal of water from the environment.
The 77
th
Texas legislature passed in 2001 (amended Section 11.32 of
the Texas Tax Code) allows exemption from tax on water conservation
modi?cations, it has been made for (i) City of Austin – to buy rain
barrels at subsidized rates and avail rebate for the installation of ap-
proved cistern systems, and (ii) City of San Antonio - rebate for new
water-saving equipment including rainwater harvesting systems. The
Kerala Municipality Building Rules, 1999 (amended 2004) provide for
rainwater harvesting structures in all new constructions. Tamil Nadu
Municipal Laws Ordinance, 2003, made rainwater harvesting manda-
tory for all buildings, both public and private, in the state. The Andhra
Pradesh Water, Land and Trees Act, 2002, aims at promoting land
conservation; tree cover; protecting, conserving and regulating the
exploitation and use of water, environment and matters connected
therewith.
“Tourism is like ?re. It can cook your food or burn your house down”
(Quote by R. Fox on UNEP website), illustrates the complex rela-
tionship between environment and tourism – tourism being the
world’s biggest industry and its concern within DRR framework.
Tourism activities can reduce people’s vulnerability by creating
livelihood opportunities and resources, and on the other hand, they
can create harmful effects on environment causing or aggravating
hazards, exposure and threat of disaster. Three main environmental
effects of tourism are: depletion of natural resources, pollution, and
physical impacts. A number of countries have developed regula-
tory provisions to address the environmental effects of tourism. For
example, Australia’s Environmental Planning and Assessment Act,
1979, deals with the construction of tourist facilities.
41
Air pollution is responsible for the green-house effect and decrease
in CO
2
sink. This together accelerated the phenomenon of climate-
change implications driving hydro-meteorological disasters. Be-
sides, more than 500,000 people in Asia die every year from diseases
related to air pollution (Shelton and Kiss, 2005). Air pollution is the
introduction, directly or indirectly, of substances or energy into the
air, resulting in deleterious effects of such an environment as to
endanger human health, harm living resources and ecosystems and
material property, and impair or interfere with amenities and other
legitimate uses of the environment. Climate and climatic processes
including formation of clouds, winds, transport and dispersion,
rainfall patterns including primary impact of climate-change and
heat-island effect, etc., thus, relate to the uses of environment in the
troposphere. Authorization, licensing, and standard of allowable
limit, are the most widely adopted legal techniques for combating
air pollution.
The Netherlands was the ?rst state in Europe to have speci?c legisla-
tion on soil protection in 1987, to protect the functions of the soil
BOX 9: Coastal zone management in Malaysia
In case of Malaysia, there are nine regulations related to the coastal zone,
and each of them provides opportunities for integrating DRR. These legis-
lation are:
a) Environmental Quality Act 1974;
b) Town and Country Planning Act 1976;
c) Merchant Shipping Ordinance 1952;
d) Land Conservation Act 1960;
e) National Land Code 1965;
f ) Street, Drainage and Building Act 1974;
g) Fisheries Act, 1985;
h) Guidelines for the Approval and/or Implementation of Development
Projects within the Coastal Zone (General Administrative Circular No. 5
of 1987);
i) National Forestry Act 1984.
42
through conservation and restoration and to regulate pollution
sources. After the Council of Europe adopted the European Soil
Charter in 1972 (Committee of Ministers, Res. (72)19 of May 30, 1972),
the UN Food and Agriculture Organization proclaimed a World Soil
Charter on November 25, 1981. Both documents contain guidelines
for action and basic principles, and land use programs for ensur-
ing productivity and avoiding the loss of productive soil. Agenda
21 devoted ?ve chapters to different aspects of soil conservation
respectively related to planning and management of land resources,
deforestation, deserti?cation, sustainable mountain development,
and agriculture and rural development. The ?rst treaty exclusively
dedicated to soil was adopted on October 16, 1998 as a protocol to
the November 7, 1991 Convention Concerning the Protection of the
Alps, 31 I.L.M. 767, where parties recognized soil erosion as a problem
in the Alpine region.
The U.S. enacted its Resource Conservation and Recovery Act to
regulate, among other things, the land disposal of waste in 1976, and
its so-called “Superfund” legislation in 1980. Protection of soil to some
extent appears in forestry laws that are designed to avoid erosion and
consequential ?ooding. A few cases have been decided (for example,
the Environment Appeal Tribunal of Mauritius, Case No. 03/01, Mrs.
Jamamloodeen Dulloo v. Minister of Environment). The U.N. adopted
the ?rst international treaty concerning one aspect of soil protection,
Malaysia has also made the policy commitment and developed correspond-
ing initiatives related to CZM. Eight policy commitments and initiatives can
be identi?ed: the Malaysia Plans, National Coastal Erosion Strategy 1987,
State Structure Plans and Local Plans, National Agriculture Policy 1990-
2010, National Forestry Policy 1978, National Biodiversity Policy 1998, Draft
National Tourism Master Plan, and Draft Policy on Integrated Coastal Zone
Management 1991. These policies are either cross sectoral or sectoral in na-
ture and are in line with international commitments on protecting coastal
resources and implementing a sustainable development approach.
43
the problem of deserti?cation, on June 17, 1994. The United Nation
Convention to Combat Deserti?cation de?nes deserti?cation as land
degradation in arid, semiarid and dry sub-humid areas resulting from
various factors, including climatic variations and human activities.
Despite the ecological richness and the contribution to economy,
coastal and marine areas are under stress due to increased com-
mercial exploitation, biotic and abiotic pressure, urbanization and
industrialization, infrastructure growth and impacts of climate-
change. This is affecting the coastal ecology, and thereby, the liveli-
hood, health and well-being of the coastal population; affecting
in turn prospects for sustained economic growth. Coast is subject
to severe hazards including weather events, tsunami, oil spills,
erosion, ?ooding, drought, etc. and resilience of the communities
to extreme weather variability had been low, mostly because of
impoverishment. Countries like Jamaica, developed policies and
laws to address the challenge. Examples of such policy initiatives
are: Mangrove and Coastal Wetland Protection Policy (1996), Coral
Reefs Protection and Preservation Policy (1996), Protected Areas
Policy (1997), and EIA provisions. World Bank’s Environmental and
Social safeguard policies are applicable for the projects, and the
projects have been designed according to the principles and
requirements of these policies. These principles and requirements
are: (i) Environmental Assessment, OP 4.01, (ii) Natural Habitat, OP
4.04, (iii) Indigenous Peoples, OP 4.10, (iv) Cultural Property, OP
4.11, (v) Involuntary Resettlement, OP 4.12, and (vi) Forests, OP 4.36.
Furthermore, since both coastal ecosystem services and DRR come
into play in the wide range of policy processes, along with the
policy directly related to DRR or coastal zone, even other policies
such as poverty reduction or water management etc. provide an
entry point for integrating DRR and ecosystem services in coastal
areas. Coastal zone management provisions in Malaysia are men-
tioned in Box 9.
44
The approach to manage India’s coastal zone has been regulatory one,
as per the Coastal Regulation Zone (CRZ) Noti?cation of 1991 (revised
in 2011). The Environment (Protection) Act of 1986, prevents, restricts
and controls development activities within a landward distance along
the coasts, and it provides for demarcation of hazard line. Besides, com-
mon environment policies in India, there are certain other strategies of
relevance - Deep Sea Fishing Policy, 1991; Tourism Policy, 1998; Marine
Fishing Policy 2004; and National Rehabilitation and Resettlement
Policy, 2007. Environmental regulations in coastal context include
Land Acquisition Act, 1894; Indian Fisheries Act, 1897; Indian Ports Act,
1908; Coast Guard Act, 1950; Merchant Shipping Act, 1958; The Model
Town and Country Planning Act, 1960; Major Port Trust Act, 1963; Wild-
life Protection Act, 1972 (amended in 2001); Water (Prevention and
Control of Pollution) Act, 1974; Maritime Zones of India (Regulation of
Fishing by Foreign Vessels) Act, 1976; Marine Fishing Regulation Act,
1978; Forest Conservation Act, 1980 (amended in 1988); Air (Preven-
tion and Control of Pollution) Act, 1981; Environment (Protection) Act,
1986; Hazardous Wastes (Management and Handling) Rules, 1989;
Coastal Regulation Zone Noti?cation 1991; National Environment Tri-
bunal Act, 1995; The National Environmental Appellate Authority Act,
1995; Biological Diversity Act 2002; Disaster Management Act, 2005;
Environment Impact Assessment Noti?cation, 2006; and Scheduled
Tribes and Other Traditional Forest Dwellers (Recognition of Forest
Rights) Act, 2006.
Japan: In 2005, the National Spatial Planning Act (revision of Compre-
hensive National Development Act) was enforced in order to make a
shift from the development centred policy. One of the strategic goals
envisage a disaster resilience nation to ensure a safe and secure living
environment including comprehensive disaster risk reduction. The
“Forest Improvement and Conservation Works Master Plan (5-Year
Plan)” was formulated in 2003 to promote forestry improvement and
soil conservation.
45
Vanuatu: The Environmental Management and Conservation Act,
2002 of Vanuatu provides for Environmental Impact Assessments (EIA)
for all development activities. The land use management policy seeks
a full risk assessment before development can be approved.
Right to ‘environment’ helps necessitate the green-recovery and
sustainable livelihood systems during post-disaster reconstruction. At
the United Nations, the Sub-Commission on Prevention of Discrimina-
tion and Protection of Minorities appointed a Special Rapporteur on
Human Rights and Environment in 1989, whose ?nal report was deliv-
ered in 1994 (Human Rights and the Environment: Final Report Prepared
by Mrs. Fatma Zohra Ksentini, Special Rapporteur, E/CN.4/Sub.2/1994/9, 6
July 1994).
3.6 Environmental policies and DRR: some examples
Cayman Islands: The Environmental policy addresses a number of
issues relating to protection from natural hazards. The Hazard Man-
agement Legislation especially addresses to vulnerable areas such as
wetlands, and areas prone to ?ooding.
Egypt: Disaster management and risk reduction are integral com-
ponents of environmental protection. For example, the Law of Envi-
ronment No. 4/1994 includes among other articles, Article 19 which
underlines environmental impact assessment for new establishments
(EIA), Article 25 underlines national environmental disaster contin-
gency plan, and other articles regarding projects and programmes
related to land use. The concept of disaster management and risk
reduction is considered and a set of regulations and codes of practice
were developed by the National Centre for Planning State Land Use.
The environment related policy has been presented in the National
Environmental Action Plan (2002 - 2017).
46
India: The National Environmental Policy, 2006 adopts a compre-
hensive approach towards integrated coastal management includ-
ing wetlands and river systems; conservation and development of
mountain ecosystems; land use planning; watershed management
and reduction of hazards like landslides, and hazards resulting from
impacts of climate-change. EIA noti?cation envisages for a Risk Assess-
ment Report and a Disaster Management Plan as part of environment
management plan of the projects.
Indonesia: Spatial planning as stipulated in Law No. 26/2008 on
Spatial Planning, for instance, has accommodated the importance of
disaster risk assessments in land use planning.
Malawi: Environmental management policies in the country do incor-
porate DRR and seek to reduce underlying risk factors. For example, the
requirement for Environment Impact Assessments (EIA) undertaken
for all major projects seek to ensure that all developmental activities
do not exacerbate the vulnerability of communities. Link between
DRR and environmental management is re?ected in the National
Adaptation Programme of Action (NAPA) to reduce vulnerability of
communities.
Mauritius: The National Environment Policy (revised version 2007)
has a number of measures pertinent to disaster risk reduction. The
National Forest Policy has a provision for land use management in the
context of climate change.
New Zealand: The Resource Management Act has a sustainable manage-
ment purpose with explicit requirements to address the effects of natural
hazards, and requires particular regard to the effects of climate change.
Pakistan: Under the framework, the Ministry of Environment has
been made responsible for the following:
47
a) Incorporate Natural Disaster Risk Assessment in the Environmental
Impact Assessment (EIA) guidelines; and
b) Develop mechanisms for assessment of environmental losses and
damages in the aftermath of disasters and their rehabilitation.
Saint Lucia: All environment related policies consider DRR concerns
such as the climate change policy, environmental management policy
and water policy.
United Rep of Tanzania: The National Land Policy of 1995 empha-
sizes the secure land tenure for investments in land, whereas the vil-
lage Act No. 5 of 199 envisages Village Land Use plans for various uses
e.g. agriculture, pastoralist, forestry, water, minerals and conservation.
The National Human Settlement Policy, 2000 emphasizes on planning
based on the national guidelines for the participatory Village Land
Use Management. With the Land Use Planning Act No. 6 of 2007, the
village assembly is the approving authority of village land use plans.
The outcome is therefore to reduce vulnerability of environmental
disasters.
Yemen: Articles related to drought and ?ash ?ood risks reduction
have been included in the National Water Strategy, 2007. More than
10 articles related to disaster (natural and man-made hazards) and risk
reduction have been added in the updated draft of the Environmental
Law No 96, 1995.
3.7 Environmental laws and role in Disaster Risk
Reduction
‘Economic ef?ciency’ and ‘disaster risk management’ are two comple-
mentary objectives of an environmental policy or law on its strategy
for ‘sustainable development’, which is de?ned as “Development that
meets the needs of the present without compromising the ability of
the future generations to meet their own needs” (Our Common Future,
World Commission on Environment, 1972) with three main principles
48
Table 2.2 Water related (resources and quality, ?ood & drought mitigation, disease
prevention livelihood options, ecosystem-health & services, recreation, health, waste disposal etc).
Addressing hazards
Reducing
vulnerability
Coping Capacity
Emergency
Response
Flood control, drought
reduction, disease
prevention
Livelihood options,
agriculture,
ecosystem-health and
services, recreation,
health, transport
Water reserves for
meeting drought;
levees for ?ood-water
relief, water / waste
treatment
Water and sanitation,
waste disposal.
disease control
Table 2.1 land resource laws and policies (wetlands, soil, agro-ecosystems, landscape,
wastelands, watershed, catchment, river-basin, land-use)
Addressing hazards
Reducing
vulnerability
Coping Capacity
Emergency
Response
Deserti?cation
control and reducing
drought, ?ood and
?re, storm attenuation,
preventing disease
and con?icts
Alternative cropping,
livelihoods and em-
ployment, ecosystem
services, food, water,
health resources
Alternative
options; Safer sites/
landscapes, Migration,
Rapid recovery
capacities
Neighbouring
resources for
response supplies
viz. (a) Inter-Generational Equity, (b) The Precautionary Principle, and
(c) Polluter Pays Principle. This provides a strong vision for disaster risk
reduction and green-relief-recovery approach within the framework
of environmental sustainability. Although, most environmental laws
may not use the terms ‘hazard, vulnerability, disaster, emergency
or response’ but a blended approach of science-based and human
ecology to the interpretation of their provisions shall help signi?cant
opportunities for DRR tools and actions. Nation’s initiatives on inte-
grating environment and disaster management are therefore, right
steps towards sustainability of lives, livelihoods and development. An
assessment of environment and natural resource laws in context of their
potential role in disaster risk reduction is given in Tables 2.1 to 2.8
49
Addressing hazards
Reducing
vulnerability
Coping Capacity
Emergency
Response
Reducing catchment
degradation and
erosion, climate-
change effects,
?ooding, drought, ?re,
invasion; increasing
water recharge,
land-stability
Increasing livelihoods,
food, recreation, health
resources, watershed
services, clean air
and water; reduces
migration to cities
Alternative resources,
Shelter-belt, Green-
belt, Wind-breakers,
Mitigation/ protection,
Climate-resilience
Timber, fuel-woods/
other produces, for
shelter, food, lighting,
medicinal resources
Table 2.3 Forests protection and conservation laws (related to protected and reserved areas,
village forests and common property resources, forest produce, species diversity, regeneration,
ecology, rights of forest dwellers)
Table 2.4 Biodiversity Laws (Habitat, bio-resources, gene pool, eco-balance)
Addressing hazards
Reducing
vulnerability
Coping Capacity
Emergency
Response
Reducing drought/
water scarcity, ?ood-
ing, pest and diseases,
?re, wilt, rodents
Alternative crop, food,
diversifying livelihoods,
health, eco-aesthetics
and cooperation
Resistance (avoidance,
tolerance, resilience),
alternative / sustain-
able resources
Local resources and
emergency support
– medicinal, timber,
food, fodder, shelter,
water, etc.
Table 2.5 Wildlife conservation and laws. (animal-plant-soil relations, habitat conservation
and regeneration, ecotourism)
Addressing hazards
Reducing
vulnerability
Coping Capacity
Emergency
Response
Protecting habitats,
preventing man –
animal con?ict
Ecotourism,
forest produce,
handicrafts, ecosystem
services
Eco-education
Alternative
employment, Coastal,
mountain / watershed
protection
Medicinal resources,
food, fuel-wood, etc.
Table 2.6 agricultural laws. (diversi?cation, agro-forestry livestock, waste reuse, biofuels, alterna-
tive cropping, land-use, soil & water )
Addressing hazards
Reducing
vulnerability
Coping Capacity
Emergency
Response
Reducing drought/
water scarcity, ?ood-
ing, pest and diseases,
?re, wilt, rodents
Alternative crop, food,
diversifying livelihoods,
health, eco-aesthetics
and cooperation
Resistance (avoidance,
tolerance, resilience),
alternative / sustain-
able resources
Local resources and
emergency support
– medicinal, timber,
food, fodder, shelter,
water, etc.
Table 2.8 Hazardous substances laws (related to the manufacture, storage , handling, use, trans-
port and disposal of hazardous chemicals and wastes)
Addressing hazards
Reducing
vulnerability/
exposure
Coping Capacity
Emergency
Response
Hazard Analysis
Threshold
Risk Assessment
Process safety
(design & mainte-
nance)
Safety Audit
Zoning ,
Industrial siting
Isolated storages,
personal protection,
Consent to Establish
and Operate
Transport,
Public Liability
Prior Information
Consent MSDS,
Risk Communication
Training Right to
Know, Public
disclosure of
Information
Onsite and Offsite
plan,
Mock-drill
Crisis Groups
Table 2.7 Coastal area management laws (landuse, natural resources, ecosystems, conservation,
disaster risk reduction)
Addressing hazards
Reducing
vulnerability
Coping Capacity
Emergency
Response
Reducing storm
surge, sea ingression,
salt-water intrusion,
erosion
Reducing exposure,
losses; enhancing
livelihoods – ?sheries,
ecotourism
Critical infrastructure,
cyclone shelter,
warning systems,
Food, medicinal
resources, shelter,
material transport,
etc.
51
Objective of this learning unit is to emphasize the needs, opportunities
and bene?ts of integrating environmental concerns with in the state
and district level disaster management framework for all the phases
of disaster management. Certain examples of integration of environ-
mental concerns in disaster management legislation and guidelines
are also described in this unit.
4.1 Introduction
DRR related legislation are fundamental to the enhancement of human
security. Out of the 119 national reports submitted to the UN World
Conference on Disaster Reduction, Hyogo, 2005, 80% have some form
of legislation for disaster management (Pelling and Holloway, 2006).
State’s recognition of environment-disaster relations is manifested in
their National Progress Reports on the implementation of the Hyogo
Framework for Action: HFA Priority 4, core indicator 4.1 - “Disaster Risk
Reduction is an integral objective of environment related policies and
plans, including for land use, natural resource management and adapta-
tion to climate change.”
Integration of environment and disaster management framework
holds the key for promoting the environmental approach for DRR. It
shall require reforms and adaptation on legal, institutional and imple-
mentation framework of both environmental governance and disaster
management, at different levels of planning and action. Knowledge
building and perception holds the key of attitudinal change. Environ-
mental education provides communities with the necessary skills to
make informed decisions as well as the motivation to participate in
and take responsibility for environmental management (IADB, 1999).
The Inter-American Development Bank has adopted a strategy that
4
Learing Unit C
Integrating Environment and Disaster
Risk Management
52
stipulates that all projects ?nanced by the Bank include an analysis
of natural hazard risks. A central aspect of this strategy is coopera-
tion with member countries to ensure that projects are designed to
improve or preserve the environment, and to reduce vulnerability to
natural disasters (IAEB, 1999). The countries of Central America have
declared, through the Alliance for Sustainable Development (ALIDES),
that both formal and informal environmental education, as well as
community participation in environmental management, is important
for achieving sustainable development in the region (ALIDES 1994).
4.2 Examples of integrated environment and DRR
framework
Following examples of Institutional Framework of Integrated Envi-
ronment-DRR in different countries indicate worldwide initiative of
environment based DRR:
BOX 10. The Kingdom of Morocco: effective coalition
Following the Yokohama UN conference on disaster management, 1994,
Morocco’s First National Workshop on Catastrophe Risks drew form a
very wide base, as part of a national programme for evaluation need and
capacity for natural disaster risk management. Participants included repre-
sentatives from ministerial department, local and provincial government,
the private sector, developmental in the Division of the Environment at
the Ministry of Land Use Planning, Water and Environment. The National
Committee held several thematic workshop, for example on housing and
urban planning, and development of a national strategy for disaster risk
management. Ministries were asked to submit budgeted plans for risk
reduction programmes.
In addition to the more tangible outputs of evaluation and programming, the
broad-based dialogue enabled through this process encouraged the exchange
of ideas and generated support for risk reduction form a wide range of policy
actors.
(Source : Direction de la Surveillance et Prevention des Risques, Departement
de l’ Environment, Ministere de I’ Amenagement du Terriotire del’Eau et de l’
Environment, Kingdom of Morocco, www.matee.gov.ma)
53
a. Japan: Japan has National land Conservation Projects such as river
improvement, soil erosion control (sabo), and soil and coastline
conservation are carried out strategically for protecting national
land, citizens’ lives and property from various disasters.
b. Bangladesh: National Capacity Self-Assessment for Environment
and Natural Resource Management addresses risk reduction in the
policies and plans. A Sustainable Land Management Programme is
intended to cover land related risk reduction issues including min-
ing. Ministry of Land is implementing Coastal Land Zoning Project.
Ministry of Agriculture and its technical agencies are engaged and
in continuous process to develop climate resilient crop varieties
in the context of salinity intrusion, drought and submergence. A
project is launched in 2008 to understand effectiveness of DRR
approaches into climate change context in three agro-ecological
zones.
c. British Virgin Islands: With regards to Physical Planning, the CDM
Strategy includes various efforts that contribute to ‘focusing on
risk reduction in the future from natural and man-made disas-
ters’ and ‘improving the coordination of disaster management,
physical planning and environmental management to ensure
that these considerations are incorporated in decision making in
an integrated fashion’. Apex of?cials of Disaster Management are
members in the Planning Authority as well as in the Environmental
Management Committees, and there are awareness efforts target-
ing planners, engineers and developers particularly on non-struc-
tural mitigation. On the other hand, Senior Of?cials of Environment
Management are involved in the disaster management planning
and implementation committees. The strategy on disaster risk
management and climate change adaptation is envisaged to
contribute to ‘strengthening environmental planning among the
various land environmental management agencies’.
54
d. United States of America: The National Science Technology
Council (NSTC) Subcommittee on Disaster Reduction is working
with the interagency Climate Change Science Program to ensure
that the disaster reduction perspective is incorporated into strate-
gies being developed to address climate change with the recogni-
tion that a number of aspects of mitigating disaster risks can also
be effective for climate change adaptation.
BOX 11: Environment – DRR in Mozambique
Relationship between Disaster Risk Reduction and environment are
strongly addressed in the 2nd generation 5 year plan (2005-2009) and is ap-
proved by Government of Mozambique in 2006. Effects of droughts, ?oods
and erosion are faced as a result of climate change to which government
and partners have to clearly address by improving land use and natural
resources management by capacity building of the local communities
and implementing good land use planning and environmental protection
policies and strategies. Improved water supply and sanitation are seen as
key factors to reduce environmental related diseases. On the other hand,
legal framework and institutional capacity building have been identi?ed as
essential to ensure changes and rapid dissemination and implementation
of this broad vision to all government level so that disasters risk reduction
and environmental protection must be viewed as tied issues each other.
In this sense, natural disasters are seen as critical part to attain sustainable
development in Mozambique. Since 2007, this vision is being disseminated
in all the country provinces and districts by evolving local leaders and
technical staff in workshop trainings with the objective of integrating
disasters risk and environment in the local strategic and operational plans
and budgets. In 2005, a National Council for Sustainable Development
(CONDES) chaired by the Prime Minister was set up to monitor the pro-
gresses achieved in the implementation of the Government Plan related
to sustainable development, where natural disasters are seen as a big en-
vironmental constraint. Thus, since 2006, all the provinces and districts are
gradually integrating disaster risk reduction and environment protection,
and placing them together in their annual plans and budgets.
55
e. Pakistan: Under the framework, the Ministry of Environment has
been made responsible to: (a) Incorporate Natural Disaster Risk
Assessment in the Environmental Impact Assessment (EIA) guide-
lines; (b) Develop technical capacities of the staff of Environment
Ministry to undertake disaster risk assessment and disaster risk
reduction activities in the environment sector; (c) Undertake as-
sessment of vulnerability of natural resources (forest, lakes, streams,
mangroves, coral reefs, protected areas, and coastal areas) to
natural and human induced hazards; (d) Implement programmes
for conservation and rehabilitation of natural resources in order
to reduce risks of natural hazards, e.g. reforestation, mangrove
plantation, combating deserti?cation, conservation of special
natural resources; (e) Allocate resources for implementation of
programmes to conserve and rehabilitate the natural resource
base, particularly in up-stream areas of the Indus River basin; (f )
Develop mechanisms for assessment of environmental losses and
damages in the aftermath of disasters and their rehabilitation; and
(g) the NDMA is coordinating with the Ministry of Environment for
implementation of DRR policies and strategies on environment as
envisaged in the Framework.
f. Switzerland: Disaster risk reduction and environmental protection
are closely interrelated in Swiss federal laws (e.g. in laws relating
to forests and water) and are overseen by one common institu-
tion at the federal level (the Federal Of?ce for the Environment,
FOEN). Utility of, protection of and protection from major natural
resources (water, forests, soils) are considered jointly. Thus sustain-
ability and robustness of protection measures are required. This
can be explained by an example that protection measures have
to withstand the impact of stronger events than those for which
they were designed. Land use planning is preferred to protection
measures whenever possible and adaptation to climate change
has been integrated to environmental management as well as
disaster risk reduction framework.
56
g. Turkey: Turkey gives importance on the coordination of disaster
risk reduction with environmental and natural resources policies,
with all its plans and programs, including disaster risk reduction as
a key element. The National Environmental Approximation Strategy
was adopted by Higher Planning Council and then Head of Disaster
Affairs has undertaken the responsibilities of adaptation of climate
change issue. The Ministry of Environmental and Forestry (MEF) gives
special importance on the adaptation of climate change issues and
activities related with ?ood mitigation.
On behalf of UN-ISDR and ADPC, the ERM Consultants (2007) devel-
oped a strategy document on ‘Mainstreaming the Environment into
Humanitarian Response: An Exploration of Opportunities and Issues”
(Box12). Principle 8 of the Code of Conduct for the International
Red Cross and Red Crescent Movement and NGOs in Disaster Relief,
currently endorsed by 413 agencies worldwide, states: “We will pay
particular attention to environmental concerns in the design and man-
agement of relief programmes.”
As the UNHRC quoted “Although environmental concerns have taken a
back seat to humanitarian needs at such times of crises, the close links be-
tween the well-being of human populations and a healthy environment
are being increasingly recognized”. The UNHCR established an environ-
ment unit in 1995 to monitor environmental activities and produced
a number of handbooks in 2002 and guidelines in 2005 (UNHCR
Environmental Guidelines, UNHCR, August 2005, p5), that is intended
to serve as sources of information and reference on environmental
practices and approaches in refugee operations. The document reiter-
ates the “Environmental considerations need to be taken into account
in almost all aspects of UNHCR’s work with refugees and returnees.
The state of the environment, in turn, will have a direct bearing on
the welfare and wellbeing of people living in that vicinity, whether
refugees, returnees or local communities”.
57
BOX 12: Environmental Response: Minimum Standards
SPHERE (2004, 2010) is a multi-year project sponsored by NGOs, the
International Red Cross and Red Crescent, donor governments, and
UN agencies. It has produced The Humanitarian Charter and Minimum
Standards in Disaster Response, with the aim to improve the quality of
assistance provided to people affected by disasters and to enhance the
accountability of the humanitarian system in disaster response. It includes
standards for environmental services in disasters and emergencies e.g.
water, sanitation, food, shelter and health, and concerning other aspects of
environment safeguards for human well-being, besides process standards
(www.sphereproject.org).
Source: Tools for Mainstreaming Disaster Risk Reduction: Environmental As-
sessment (Guidance Note 7) by IFRC / Prevention Consortium available fromhttp://www.proventionconsortium.org
BOX 13: Mainstreaming DRR into environment sectors in India
UNDP jointly with National Disaster Management Authority of India, under
their DRR Programme is taking strides in developing guidelines, tools and
training modules for mainstreaming disaster management into develop-
mental process. It has taken a sector –based approach and has identi?ed
‘Environment’ as a key sector with manifold signi?cance. Guidelines and
tools for DRR integration with environment sector are being developed
by National Institute of Disaster Management, New Delhi, involving Indian
Institute of Public Administration, and using a multi-stakeholder, multi-
disciplinary consultative process. It includes the sector aspects, viz. water,
land and land use, forests, agriculture, industry, energy, tourism and health
within its framework.
Special emphasis is on mountain and coastal systems, climate-change,
river-basins, urban systems, environmental-health, sustainable agriculture
and livelihoods. Guidelines in making are expected to suggest a conceptual
plan with legal, institutional and operational framework for integrating
DRR and post-disaster relief and recovery with environment and natural
resource management system at national, state, district and local area lev-
els. A project of GIZ-NIDM cooperation facilitated by the Indian Ministry of
Environment and Forests addresses the use of environmental knowledge,
law, EIA and ecosystem approach in DRR and post-disaster relief.
58
Figure 4: Integration of environment and natural disaster management at district level
Disaster Management Guidelines in India
Disaster Management Act 2005 recognises damage to or destruc-
tion of environment as disaster. The National Disaster Management
Authority, the apex guiding organization on disaster management in
India, has developed a number of guidelines on disaster management
which prescribe for various environmental approaches in disaster
mitigation and post-disaster management covered widely under
environmental policies and laws (Box 14). The 1992 UN Convention on
the Protection and Use of Trans-boundary Watercourses and Interna-
tional Lakes calls on each party to de?ne water-quality objectives and
to adopt criteria and set guidelines for this purpose. Some bilateral
and regional agreements on freshwater and air foresee or mandate
water-quality objectives. They signi?cantly address the precursors of
the hazards in the river-zones and costal zones known to aggravate
the impacts of river or sea erosion, ?ooding, cyclone. Such private
regulations may constrain behaviour of breaching by exercising a
moral or practical (sanctioning) in?uence and litigants may argue that
breach of such codes or standards may be an evidence of malpractice
or negligence.
59
BOX 14: National Disaster Management Guidelines:
Environmental approaches
The Government of India has developed speci?c guidelines for management of differ-
ent disasters. Many approaches based on environmental knowledge and management
of natural resources and ecosystems are manifested in their contents. A pilot assess-
ment of the three guidelines*, viz. Flood, Cyclone and Drought, has been undertaken to
identify ecosystem and environmental-based approaches referred therein
Reference
Flood Management
Guidelines
Cyclone Manage-
ment Guidelines
Drought Management
Guidelines
Environmen-
tal rights
Lives and livelihoods,
Livelihood systems
Livelihood
Livelihoods, Alternative
livelihood
Climate-
change
Snow melt, GLOF, LLOF
Climate-change and
sea-level rise
Climate-change impact on
drought and agriculture
Natural
Resource
Management
Catchment area treatment,
Anti-erosion measures,
Coastal protection,
Carrying capacity of rivers
and drainage, River-bank
erosion, Sediment load
from river catchments,
Drainage congestion,
Wetlands, Integrated water
resource management,
Environmental-health,
Encroachment of waterways,
Waste management
Coastal afforestation,
Aquaculture, Coastal
resources, Bio-shields,
Mangroves, Shelterbelt
plantations, Coastal
?ood plain manage-
ment, Coastal erosion,
Crop and livestock
protection,
Environmental-health
responses, Shelterbelt
plantation monitoring
Agriculture, waste Land resource
management - Soil-moisture,
Soil amendment, Integrated
nutrient and pest management,
Water scarcity and management,
Reservoirs and wetlands, Ground-
water, streams, Drought prone area
programme, Desert development
programme, Alternative cropping,
In-situ conservation, Horticulture,
Ecosystems, Forest management,
Crop phenology, Coastal and
marine resources, Pollution control
Land-use /
land-cover
Afforestation, Watershed
management,
Alternative
developmental
scenario, Preferred
scenario, Land-use
Afforestation, Alternative land-use,
Agroforestry, Biofuel cultivation
Environmental
Impacts / Risk
Analysis,
Environmental
statistics
Eco-friendly structural and
non-structural mitigation,
Environmental database
for forecasting and damage
assessment, Dam safety
Coastal zone manage-
ment, EIA, Assimilative
capacity estimation,
Regional environmen-
tal management plans
Environmental impacts of drought
– environmental health risks,
livelihood impacts, Environmental
indicators for risk and impact
assessments including databases,
Environmental planning,
Environmental
regulations
River regulation zone,
Flood-plain zoning
National environmen-
tal policy, Coastal zone
management, EIA
Environmental law
Date of
release
January 2008 April 2008 September 2010
60
4.3 Recommendations of integrating DRR initiatives in
environment
Analysis of the environment based DRR initiatives and integration
in different countries enabled a sketch of operation framework for
implementation, with following six strategic recommendations:
1. Strategic and professional presence of ecological science/
environment policy and EIA (experts) within the apex level
institutions of disaster management framework (for example,
for India, Pakistan, Afghanistan and Bangladesh – National Di-
saster Management Authority, Disaster Risk Reduction, Capacity
Development Programme Of?ce, Response Force Planning and
Management, etc.), policy-level representative from Ministry of
Environment and the Natural Resource Research Organization to
be a member/ permanent invitee in the authority/board man-
dated for planning and organizing key functions of disaster risk
management.
2. Establishment and functional maintenance of interdisciplinary
cell/centres or specialized of?ce on Disaster Risk Reduction affairs
within the apex organization of policy, research, monitoring and
funding promotion on environment and natural resource matters
(example from India are, Ministry of Environment and Forests,
Planning Commission, Council of Agriculture Research, Forestry
Education, etc.)
3. Introduction of regional EIA (district level, and preferably national
and state level as well) as a pre-requisite to term-planning. For
example, ?ve-yearly planning is common in India and Regional
EIA can facilitate for preparation of an ‘Environment Management
and Action Plan’ at District/State level as an strategic Umbrella Ap-
proach on sustainable development (?gure 4).
4. Disaster Risk Reduction and post-disaster relief and recovery to be
61
introduced as a compulsory module within the higher education,
research and awareness courses in the Universities, colleges and
school curriculum. On the other hand, the module on ecosystem-
approach to DRR within disaster management training and sen-
sitization framework needs to emphasize the role of legislation,
and in particular, of environmental/natural resource law and EIAs.
5. Environmentally sustainability mitigation option and the concept
of ‘greening disaster-response’ and ‘sustainable-recovery’ need to
be promoted within the framework of sustainable development
by integrating SEA to the developmental planning process. SEA
and EIA scope need to necessarily include hazard-risk and vulner-
ability assessment within the assessment framework.
6. Apex organizations in disaster management need to establish a
consortium at strategic level involving Environment and Natural
Resource Ministries, Research Institutes and Academia, relevant
NGOs and international agencies, to generate and maintain envi-
ronmental database for disaster risk management functions, devel-
oping relevant guidelines and manuals, training and educational
modules, and standards on environmental approach to DRR. In the
line with UN-PEDRR, countries and states can promote strategic and
functional partnership of institutional frameworks of environment
and disaster management.
62
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About NIDM
National Centre for Disaster Management (NCDM) set up under the
Department of Agriculture and Cooperation, Ministry of Agriculture
in March 1995. NCDM has been upgraded into full ?edged National
Institute of Disaster Management in October 2003. Under the Disas-
ter Management Act, 2005, the Institute has been entrusted with
the nodal national responsibility for human resource development,
capacity building, training, research, documentation and policy advo-
cacy in the ?eld of disaster management. NIDM is steadily marching
forward to ful?l its mission to make a disaster resilient India by devel-
oping and promoting a culture of prevention and preparedness at
all levels. Both as a national Centre and then as the national Institute,
NIDM has performed a crucial role in bringing disaster risk reduction
to the forefront of the national agenda. It is our belief that disaster
risk reduction is possible only through promotion of a “Culture of
Prevention” involving all stakeholders. We work through strategic
partnerships with various ministries and departments of the central,
state and local governments, academic, research and technical orga-
nizations in India and abroad and other bi-lateral and multi-lateral
international agencies.
About GIZ
The services delivered by the Deutsche Gesellschaft für Internatio-
nale Zusammenarbeit (GIZ) GmbH draw on a wealth of regional and
technical expertise and tried and tested management know-how. As a
federal enterprise, we support the German Government in achieving
its objectives in the ?eld of international cooperation for sustainable
development. We are also engaged in international education work
around the globe. GIZ currently operates in more than 130 countries
worldwide.
GIZ in India
Germany has been cooperating with India by providing expertise
through GIZ for more than 50 years. To address India’s priority of sus-
67
tainable and inclusive growth, GIZ’s joint efforts with the partners in
India currently focus on the following areas:
• Energy - Renewable Energy and Energy Effciency
• Sustainable Urban and Industrial Development
• Natural Resource Management
• Private Sector Development
• Social Protection
• Financial Systems Development
• HIV/AIDS – Blood Safety
68
About EKDRM
Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ),
GmbH, Germany (formerly GTZ and InWEnt) have entered in coopera-
tion with National Institute of Disaster Management for a joint project
‘Environmental Knowledge for Disaster Risk Management” (ekDRM,
2010-12) focuses on capacity building and knowledge management
for disaster risk management. The speci?c components of project
activities include the following:
• Environmental statistics and decision support systems
• Environmental and natural resource legislation for disaster risk
• Spatial /land-use planning for disaster risk management
• Natural Resource Management and Disaster Risk Management
linkages (including integrating disaster risk management and
climate-change adaptation, eco-system approach to DRR etc)
• Post-disaster environmental services and role of EIA in context of
disaster management.
Cooperation aims at promoting research, case studies, documenta-
tion, effective training methodologies, including blended learning
approach, tools and methodologies and outreach activities like work-
shops, conferences developing and maintaining web-enabled human
resource platform.
69
Anil K. Gupta is Associate Professor with National
Institute of Disaster Management since 2006. He
founded Institute of Environment & Development
Studies at Bundelkhand University, was Associate
Professor and Director of the institute since 2003
and held statutory position of Head of Department
of both Environmental Science and Natural Resource
Management. Earlier he served Ambedkar Central
University Lucknow, DMI Bhopal, NMDC and CICON on academic/admin-
istrative capacities. As Post-Doctoral Fellow (NEERI, CSIR) he worked on
Green-house effect modelling, EIA, Risk Analysis, Water & Environment
Policy, after completing Ph.D. in 1994. He received Young Scientist Award
(Govt. of Madhya Pradesh, 1996). He also holds a LLB degree. He is a mem-
ber of several professional bodies like Indian Society of Remote Sensing
and Fellow of the Society of Earth Scientists India. He guided 25 Masters
& 4 Ph.D. thesis, developed new courses and was a member of team on
formulation of curriculum on DM for UGC. He has the credit of 42 papers
in journals, 2 books, 1 training module, 3 conference proceedings, 22
book chapters, 10 conference papers and 22 articles, with noted contri-
butions to strategy on climate-change, human resource plan, ecosystem
approach to DRR. He headed air quality network station (CPCB), and
coordinated projects on Land-use strategies (Govt. of UP), urban ?ood
case studies (NIDM), solid waste disposal (MoEF) and Climate-change
adaptation (UNDP-GEF). Currently he is coordinating various research,
documentation and training activities on disaster management includ-
ing Climate Change Adaptation, Vulnerability and Risk Analysis, Policies
and Law, Ecosystem Approach to Disaster Risk Management, Chemical
Disaster Management and so on at NIDM. He is implementing projects,
Environmental Knowledge for Disaster Risk Management (NIDM-GIZ),
Bundelkhand Drought Vulnerability and Mitigation Analysis (ICSSR),
Integrating Climate-change Adaptation with DRR for Gorakhpur Pilot
(CDKN-START) and Coastal Andhra & Tamil Nadu (EU-GIZ).
About the authors
70
Sreeja S. Nair is Assistant Professor at National In-
stitute of Disaster Management since 2007. She is
a disaster management professional having more
than 12 years of experience in the ?eld. Her areas
of research, documentation and training activities
at NIDM include Geoinformatics Applications in
Disaster Management, Environmental Law, Disas-
ter Data and Information Management, Ecosystem
Approach to Disaster Risk Reduction and Chemical Disaster Manage-
ment. She holds a M Sc in Disaster Mitigation from Indian Institute of
Ecology and Environment, M Sc. in Geology from Delhi University and
PG Diploma in Environmental Law from Indian Law Institute University
New Delhi. She is currently perusing her research leading to doctoral
degree with School of Human Ecology, Ambedkar University,Delhi.
Prior to joining NIDM, she has been working with Disaster Risk Man-
agement Project of the United Nation Development Programme and
GOI during 2004-2007. She also worked with Phelps Dodge Explora-
tion Limited, Risk Management Software India Private Limited and the
Editorial of GIS@ Development. She is member of several professional
bodies like Indian Geomatics Society, Indian Society of Remote Sens-
ing, Society of Earth Scientists India and Member Secretary of the
Hazard related statistics set up under the National Disaster Statistics
Committee. Ms. Nair published 12 papers in national and international
journals, authored 2 training modules and edited 2 books and 2 pro-
ceeding volumes. She is the coordinator of Indo German Cooperation
on Environmental Knowledge for Disaster Risk Management and Co-
Principal Investigator of ICSSR Research project on Drought Vulner-
ability and Mitigation Analysis and also involved in the GIZ-European
Union pilot project on Integrating Climate-change Adaptation with
Disaster Management Planning process Coastal Andhra & Tamil Nadu.
Environmental Legislation for
Disaster Risk Management
M O D U L E - I
Towards a disaster free India
National Institute of Disaster Management (NIDM)
Ministry of Home Affairs
IIPA Campus, New Delhi-110002.
www.nidm.gov.in
Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH
3rd floor, B5/2 Safdarjung Enclave
New Delhi-110 029.
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