The ministry of environment and forests (MoEF), in a serious bid to re-assess the entire ambit of environmental governance, has proposed establishment of National Environment Protection Authority (Nepa). Nepa?s role would be an independent statutory body with the basic mandate of effective enforcement of environmental laws. MoEF has sought suggestions and objections for its proposal to set up Nepa. The ministry has proposed four options which include Nepa to focus on compliance and enforcement, creation of a full fledged Nepa that subsumes the Central Pollution Control Board, creation of Nepa with a separate CPCB continuing to report to MoEF and formation of Nepa with CPCB reporting to it. The ministry has made it clear that its role in framing legislation, policy making, framing acts, making of rules, coordination with the state governments and with various environment bodies would continue along with inter sectoral and inter ministerial coordination and parliamentary matters.
However, Nepa would be an independent body with basic mandate of effective enforcement of environmental laws. Nepa should assume the national stewardship of enforcement and compliance. According to the second option, the CPCB ceases to exist on Nepa?s creation. Nepa will conduct R&D and technical studies, primarily being done by CPCB and it would perform the regulatory function of granting environment clearances, currently being done by the MoEF. Moreover, in order to reengineer CPCB into Nepa an amendment of the Water (Prevention & Control of Pollution) Act, 1974 would also be needed.
The third option envisages independent functioning of CPCB despite the creation of Nepa. In such a scenario, Nepa would perform the regulatory function of granting environmental clearance currently being done by the MoEF. Besides, it would perform the function of compliance and enforcement of environmental clearances and pollution standards.