Table of Contents
What does polluter pay principle mean?
The ‘polluter pays’ principle is a simple principle based on common sense: the polluter — and this could be the actors or the activity causing the pollution — should pay to right the wrong. This could entail cleaning up the polluted area or covering the health costs of the people affected.
Who has defined for version of polluter pays principle?
In India, the ‘polluter pays principle’ was for the first time applied and defined in the 1996 case of Indian Council of Enviro-Legal Action vs Union of India. In this case, Justice Dalveer Bhandari determined that reversing the imbalance caused to the ecology is the part and parcel of the industrial process.
What is precautionary principle and polluter pays principle?
some countries, are the “polluter pays” principle, which makes polluters liable for the costs of environmental damage, and the precautionary principle, which states that an activity is not allowed when there is a chance that the consequences are irreversible.
Why is the polluter pay principle important?
The principle to be used for allocating costs of pollution prevention and control measures to encourage rational use of scarce environmental resources and to avoid distortions in international trade and investment is the so-called ‘Polluter-Pays Principle’.
What is polluter pays principle explain with the help of Supreme Court Judgements?
In case the supreme court declared that the polluter pays principle is is part of the environmental juris produce of India. The court held that the polluting tanneries were liable to pay for the past pollution generated by them.
How many versions of the polluter pays principle PPP is defined by Bugge 1996?
Bugge (1996) has identified four versions of the PPP: economically, it promotes efficiency; legally, it promotes justice; it promotes harmonization of international environmental policies; it defines how to allocate costs within a State.
What is polluter pays principle in environmental law Slideshare?
Environment. This is a moral and political principle which states that if an action or policy might cause severe or irreversible harm to the public, in the absence of a scientific consensus that harm would not ensue, then the action should be stopped.
What is meant by precautionary principle?
The precautionary principle enables decision-makers to adopt precautionary measures when scientific evidence about an environmental or human health hazard is uncertain and the stakes are high.
What is the main objective of polluter pays principle of OECD 1971?
The principle to be used for allocating costs of pollution prevention and control measures to encourage rational use of scarce environmental resources and to avoid distortions in international trade and investment is the so-called “Polluter-Pays Principle”.
What is the main objective of polluter pays principle OECD 1971?
Who is a polluter?
a person or organization that puts harmful substances or waste into the water, air, etc., causing damage to the environment: The region’s third-largest industrial polluter reduced its emissions by about a third.
What is the main objective of polluter pays principle OECD 1972?
When was the polluter pays principle started?
26th May 1972
The polluter pays principle (PPP) was first mentioned in the recommendation of the OECD of 26th May 1972 and reaffirmed in the recommendation of 14th November 1974.
What are the three 3 elements for the applicability of the precautionary principle?
The precautionary principle is closely linked to governance. This has three aspects: risk governance (risk assessment, management and communication), science-policy interfaces and the link between precaution and innovation.
What is the difference between precautionary principle and principle of preventive action?
Conditions for the application of the precautionary principle. Again (as on PPP) proportionality is a MUST. The main difference between prevention and precaution is that the calculation of the risk is much more difficult in the precautionary situation because of the lack of scientific knowledge.
Which one is not a objective of polluter pays principle?
Under the Polluter-Pays Principle, it is not the duty of the Government to provide for the costs arising in either the act of preventing such damage or in process of providing remedial action. The reasoning behind so is that the financial burden of pollution caused by a polluter shall not shift to the taxpayer.
What is precautionary principle in simple words?
What is the polluter pays principle in environmental law?
What is the polluter pays principle? The ‘polluter pays’ principle is the commonly accepted practice that those who produce pollution should bear the costs of managing it to prevent damage to human health or the environment.
What is the difference between polluter pays and beneficiary pays?
In contrast, under the beneficiary pays principle polluters have a right to engage in productive activities, even if those activities lead to pollution, and they should be compensated for engaging in pollution abatement that benefits others.
What is the’polluter pays’principle?
The ‘polluter pays’ principle, which was adopted by the Organization for Economic Cooperation and Development (OECD) in 1974 and reaffirmed in the US’s Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or ‘Superfund’) in 1980. •.
What is the unavoidable pollution principle?
This principle is based on the fact that as much as pollution is unavoidable, the person or industry that is responsible for the pollution must pay some money for the rehabilitation of the polluted environment.