Forest act definition

2. Interpretation clause.

In this Act, unless there is anything repugnant in the subject or context, -

(1) "cattle" includes elephants, camels, buffaloes, horses, mares,

geldings, ponies, colts, fillies, mules, asses, pigs, rams, ewes, sheep,
lambs, goats and kids;

(2) "Forest-officer" means any person whom [***] the State Government
or any office empowered by the State Government in this behalf, may
appoint to carry out all or any of the purposes of this Act or to do
anything required by this Act or any rule made thereunder to be done by
a Forest-officer;

(3) "forest-offence" means an offence punishable under this Act or under

any rule made thereunder;

(4) "forest-produce" includes -

(a) the following whether found in, or brought from, a forest or

not, that is to say - timber, charcoal, caoutchouc, catechu, wood-
oil, resin, natural varnish,
(4)
bark, lac, mahua flowers, mahua seeds, and myrabolams, and
(b) the following when found in, or brought from a forest, that is to
say -
(i) trees and leaves, flowers and fruits, and all other parts or
produce not hereinbefore mentioned, of trees,
(ii) plants not being trees (including grass, creepers, reeds
and moss), and all parts or produce of such plants,
(iii) wild animals and skins, tusks, horns, bones, silk,
cocoons, honey and wax, and all other parts or produce of
animals, and
(iv) peat, surface soil, rock and minerals (including lime-
stone, laterite, mineral oils, and all products of mines or
quarries);

(4A) "owner" includes a Court of Wards in respect of property under the

superintendence or charge of such Court;]

1
(5) "river" includes any stream, canal, creek or other channels, natural or
artificial;

(6) "timber" includes trees when they have fallen or have been felled,
and all wood whether cut up or fashioned or hollowed out for any
purpose or not; and

(7) "tree" includes palms, bamboos, skumps, brush-wood and canes.

EPA

2.DEFINITIONS

In this Act, unless the context otherwise requires,--

(a) "environment" includes water, air and land and the inter- relationship
which exists among and between water, air and land, and human beings,
other living creatures, plants, micro-organism and property;

(b) "environmental pollutant" means any solid, liquid or gaseous

substance present in such concentration as may be, or tend to be,
injurious to environment;

(c) "environmental pollution" means the presence in the environment of

any environmental pollutant;

(d) "handling", in relation to any substance, means the manufacture,

processing, treatment, package, storage, transportation, use, collection,
destruction, conversion, offering for sale, transfer or the like of such
substance;

(e) "hazardous substance" means any substance or preparation which, by

reason of its chemical or physico-chemical properties or handling, is
liable to cause harm to human beings, other living creatures, plant, micro-
organism, property or the environment;

(f) "occupier", in relation to any factory or premises, means a person who

has, control over the affairs of the factory or the premises and includes in
relation to any substance, the person in possession of the substance;

(g) "prescribed" means prescribed by rules made under this Act.

2
GENERAL POWERS OF THE CENTRAL GOVERNMENT

3. POWER OF CENTRAL GOVERNMENT TO TAKE

MEASURES TO PROTECT AND IMPROVE ENVIRONMENT

(1) Subject to the provisions of this Act, the Central Government, shall
have the power to take all such measures as it deems necessary or
expedient for the purpose of protecting and improving the quality of the
environment and preventing controlling and abating environmental
pollution.

(2) In particular, and without prejudice to the generality of the provisions

of sub-section (1), such measures may include measures with respect to
all or any of the following matters, namely:--

(i) co-ordination of actions by the State Governments, officers and other

authorities--

(a) under this Act, or the rules made thereunder, or

(b) under any other law for the time being in force which is
relatable to the objects of this Act;

(ii) planning and execution of a nation-wide programme for the

prevention, control and abatement of environmental pollution;

(iii) laying down standards for the quality of environment in its various
aspects;

(iv) laying down standards for emission or discharge of environmental

pollutants from various sources whatsoever:

Provided that different standards for emission or discharge may be laid

down under this clause from different sources having regard to the quality
or composition of the emission or discharge of environmental pollutants
from such sources;

(v) restriction of areas in which any industries, operations or processes or

class of industries, operations or processes shall not be carried out or shall
be carried out subject to certain safeguards;

(vi) laying down procedures and safeguards for the prevention of

accidents which may cause environmental pollution and remedial
measures for such accidents;

3
(vii) laying down procedures and safeguards for the handling of
hazardous substances;

(viii) examination of such manufacturing processes, materials and

substances as are likely to cause environmental pollution;

(ix) carrying out and sponsoring investigations and research relating to

problems of environmental pollution;

(x) inspection of any premises, plant, equipment, machinery,

manufacturing or other processes, materials or substances and giving, by
order, of such directions to such authorities, officers or persons as it may
consider necessary to take steps for the prevention, control and abatement
of environmental pollution;

(xi) establishment or recognition of environmental laboratories and

institutes to carry out the functions entrusted to such environmental
laboratories and institutes under this Act;

(xii) collection and dissemination of information in respect of matters

relating to environmental pollution;

(xiii) preparation of manuals, codes or guides relating to the prevention,

control and abatement of environmental pollution;

(xiv) such other matters as the Central Government deems necessary or

expedient for the purpose of securing the effective implementation of the
provisions of this Act.

(3) The Central Government may, if it considers it necessary or expedient

so to do for the purpose of this Act, by order, published in the Official
Gazette, constitute an authority or authorities by such name or names as
may be specified in the order for the purpose of exercising and
performing such of the powers and functions (including the power to
issue directions under section 5) of the Central Government under this
Act and for taking measures with respect to such of the matters referred
to in sub-section (2) as may be mentioned in the order and subject to the
supervision and control of the Central Government and the provisions of
such order, such authority or authorities may exercise and powers or
perform the functions or take the measures so mentioned in the order as if
such authority or authorities had been empowered by this Act to exercise
those powers or perform those functions or take such measures.

4
4. APPOINTMENT OF OFFICERS AND THEIR POWERS AND
FUNCTIONS

(1) Without prejudice to the provisions of sub-section (3) of section 3, the

Central Government may appoint officers with such designation as it
thinks fit for the purposes of this Act and may entrust to them such of the
powers and functions under this Act as it may deem fit.

(2) The officers appointed under sub-section (1) shall be subject to the
general control and direction of the Central Government or, if so directed
by that Government, also of the authority or authorities, if any,
constituted under sub- section (3) of section 3 or of any other authority or
officer.

5. POWER TO GIVE DIRECTIONS

Notwithstanding anything contained in any other law but subject to the

provisions of this Act, the Central Government may, in the exercise of its
powers and performance of its functions under this Act, issue directions
in writing to any person, officer or any authority and such person, officer
or authority shall be bound to comply with such directions.3

Explanation--For the avoidance of doubts, it is hereby declared that the

power to issue directions under this section includes the power to direct--

(a) the closure, prohibition or regulation of any industry, operation or

process; or

(b) stoppage or regulation of the supply of electricity or water or any

other service.

6. RULES TO REGULATE ENVIRONMENTAL POLLUTION

(1) The Central Government may, by notification in the Official Gazette,

make rules in respect of all or any of the matters referred to in section 3.

(2) In particular, and without prejudice to the generality of the foregoing

power, such rules may provide for all or any of the following matters,
namely:--

(a) the standards of quality of air, water or soil for various areas
and purposes;4

5
 (b) the maximum allowable limits of concentration of various
environmental pollutants (including noise) for different areas;

(c) the procedures and safeguards for the handling of hazardous

substances;5

(d) the prohibition and restrictions on the handling of hazardous

substances in different areas;6

(e) the prohibition and restriction on the location of industries and

the carrying on process and operations in different areas;7

(f) the procedures and safeguards for the prevention of accidents

which may cause environmental pollution and for providing for
remedial measures for such accidents.8

10. POWERS OF ENTRY AND INSPECTION

(1) Subject to the provisions of this section, any person empowered by

the Central Government in this behalf12 shall have a right to enter, at all
reasonable times with such assistance as he considers necessary, any
place--

(a) for the purpose of performing any of the functions of the

Central Government entrusted to him;

(b) for the purpose of determining whether and if so in what

manner, any such functions are to be performed or whether any
provisions of this Act or the rules made thereunder orany notice,
order, direction or authorisation served, made, given or granted
under this Act is being or has been complied with;

(c) for the purpose of examining and testing any equipment,

industrial plant, record, register, document or any other material
object or for conducting a search of any building in which he has
reason to believe that an offence under this Act or the rules made
thereunder has been or is being or is about to be committed and for
seizing any such equipment, industrial plant, record, register,
document or other material object if he has reason to believe that it
may furnish evidence of the commission of an offence punishable
under this Act or the rules made thereunder or that such seizure is
necessary to prevent or mitigate environmental pollution.

6
(2) Every person carrying on any industry, operation or process of
handling any hazardous substance shall be bound to render all assistance
to the person empowered by the Central Government under sub-section
(1) for carrying out the functions under that sub-section and if he fails to
do so without any reasonable cause or excuse, he shall be guilty of an
offence under this Act.

(3) If any person wilfully delays or obstructs any persons empowered by

the Central Government under sub-section (1) in the performance of his
functions, he shall be guilty of an offence under this Act.

(4) The provisions of the Code of Criminal Procedure, 1973, or, in

relation to the State of Jammu and Kashmir, or an area in which that
Code is not in force, the provisions of any corresponding law in force in
that State or area shall, so far as may be, apply to any search or seizures
under this section as they apply to any search or seizure made under the
authority of a warrant issued under section 94 of the said Code or as the
case may be, under the corresponding provision of the said law.

11. POWER TO TAKE SAMPLE AND PROCEDURE TO BE

FOLLOWED IN CONNECTION THEREWITH

(1) The Central Government or any officer empowered by it in this

behalf, shall have power to take, for the purpose of analysis, samples of
air, water, soil or other substance from any factory, premises or other
place in such manner as may be prescribed.

(2) The result of any analysis of a sample taken under sub-section (1)
shall not be admissible in evidence in any legal proceeding unless the
provisions of sub-sections (3) and (4) are complied with.

(3) Subject to the provisions of sub-section (4), the person taking the
sample under sub-section (1) shall-

(a) serve on the occupier or his agent or person in charge of the

place, a notice, then and there, in such form as may be prescribed,
of his intention to have it so analysed;

(b) in the presence of the occupier of his agent or person, collect a

sample for analysis;

(c) cause the sample to be placed in a container or containers which

shall be marked and sealed and shall also be signed both by the
person taking the sample and the occupier or his agent or person;

7
 (d) send without delay, the container or the containers to the
laboratory established or recognised by the Central Government
under section 12.

(4) When a sample is taken for analysis under sub-section (1) and the
person taking the sample serves on the occupier or his agent or person, a
notice under clause (a) of sub-section (3), then, -

(a) in a case where the occupier, his agent or person wilfully

absents himself, the person taking the sample shall collect the
sample for analysis to be placed in a container or containers which
shall be marked and sealed and shall also be signed by the person
taking the sample, and

(b) in a case where the occupier or his agent or person present at

the time of taking the sample refuses to sign the marked and sealed
container or containers of the sample as required under clause (c)
of sub-section (3), the marked and sealed container or containers
shall be signed by the person taking the samples, and the container
or containers shall be sent without delay by the person taking the
sample for analysis to the laboratory established or recognised
under section 12 and such person shall inform the Government
Analyst appointed or recognised under section 12 in writing, about
the wilfull absence of the occupier or his agent or person, or, as the
case may be, his refusal to sign the container or containers.

15. PENALTY FOR CONTRAVENTION OF THE PROVISIONS

OF THE ACT AND THE RULES, ORDERS AND DIRECTIONS

(1) Whoever fails to comply with or contravenes any of the provisions of

this Act, or the rules made or orders or directions issued thereunder, shall,
in respect of each such failure or contravention, be punishable with
imprisonment for a term which may extend to five years with fine which
may extend to one lakh rupees, or with both, and in case the failure or
contravention continues, with additional fine which may extend to five
thousand rupees for every day during which such failure or contravention
continues after the conviction for the first such failure or contravention.

(2) If the failure or contravention referred to in sub-section (1) continues

beyond a period of one year after the date of conviction, the offender
shall be punishable with imprisonment for a term which may extend to
seven years.

23. POWERS TO DELEGATE

8
Without prejudice to the provisions of sub-section (3) of section 3, the
Central Government may, by notification in the Official Gazette,
delegate, subject to such conditions and limitations as may be specified in
the notifications, such of its powers and functions under this Act [except
the powers to constitute an authority under sub-section (3) of section 3
and to make rules under section 25] as it may deem necessary or
expedient, to any officer, State Government or other authority.

25. POWER TO MAKE RULES

(1) The Central Government may, by notification in the Official Gazette,

make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing

power, such rules may provide for all or any of the following matters,
namely-

(a) the standards in excess of which environmental pollutants shall

not be discharged or emitted under section 7;

(b) the procedure in accordance with and the safeguards in

compliance with which hazardous substances shall be handled or
caused to be handled under section 8;

(c) the authorities or agencies to which intimation of the fact of

occurrence or apprehension of occurrence of the discharge of any
environmental pollutant in excess of the prescribed standards shall
be given and to whom all assistance shall be bound to be rendered
under sub-section (1) of section 9;

(d) the manner in which samples of air, water, soil or other

substance for the purpose of analysis shall be taken under sub-
section (1) of section 11;

(e) the form in which notice of intention to have a sample analysed

shall be served under clause (a) of sub section (3) of section 11;

(f) the functions of the environmental laboratories, the procedure

for the submission to such laboratories of samples of air, water,
soil and other substances for analysis or test; the form of laboratory
report; the fees payable for such report and other matters to enable
such laboratories to carry out their functions under sub-section (2)
of section 12;

9
 (g) the qualifications of Government Analyst appointed or
recognised for the purpose of analysis of samples of air, water, soil
or other substances under section 13;

(h) the manner in which notice of the offence and of the intention
to make a complaint to the Central Government shall be given
under clause (b) of section 19;

(i) the authority of officer to whom any reports, returns, statistics,

accounts and other information shall be furnished under section 20;

(j) any other matter which is required to be, or may be, prescribed.

The Salient Features Of The Environment Protection Act, 1986?

(India)
Article shared by
This Act has been brought into force from November, 1986. Its salient
features are:

(a) Conferring powers on the Central Government to:

(i) Take all necessary measures for protecting quality of environment,

(ii) Co-ordinate actions of States, officers and other authorities under this
Act,

(iii) Plan and execute a nationwide programme for prevention, control

and abatement of environmental pollution,

(iv) Lay down standards for discharge of environmental pollutants,

(v) Empower any person to enter, inspect, take samples and test,

(vi) Establish or recognise environmental laboratories,

(vii) Appoint or recognise government analysts,

(viii) lay down standards for quality of environment,

(ix) Restrict areas in which any industries, operations or processes may

not be carried out subject to certain safeguards,

10
x (x) Lay down safeguards for prevention of accidents and take remedial
measures in case of such accidents,

(xi) Lay down procedures and safeguards for handling hazardous

substances,

(xii) Constitute an authority for exercising powers,

(xiii) Issue directions to any person, officer or authority including the

power to direct closure, prohibition or regulation of any industry,
operation or process,

(xiv) Require any person, officer or authority to furnish any prescribed

information and

(xv) Delegate powers to any officer of a state or authority;

(b) It confers powers on persons to complain to courts regarding any

violation of the provisions of the Act, after a notice of 60 days to the
prescribed authorities;

(c) The Act makes it obligatory for the person in charge of a place to
inform the prescribed authorities regarding any accidental discharge of
any pollutant in excess of prescribed standards.

The concerned authorities, on receipt of such information, shall take

remedial measures to prevent or mitigate pollution caused by such
accidents and expenses incurred by the authorities in respect of remedial
measures are recoverable with interest from the polluter;

(d) It prescribes stringent penalties for violation of the provisions of the

Act; and

(e) Jurisdiction of civil courts is barred under the Act.

A comprehensive Environment (Protection) Act came into being in 1986

to remedy the lacunae noticed in the earlier laws and to serve as a single
legislation on the subject.

The Air (Prevention and Control of Pollution) Act, 1981 and the Water
(Prevention and Control of Pollution) Act, 1974 were amended to bring

11
their provisions at par with those of The Environment (Protection) Act,
1986 and to give more powers to the implementing agencies.

SALIENT FEATURES OF AIR ACT

-The Air act provides for establishment of central and state boards for
implementation of rules under the act

-The Air act aims at prevention, control and abatement of air pollution

-pollution beyond certain limits due to various pollutants discharged

through industrial emission is monitored by pollution control boards set
up in every state

-The Central Pollution Control Board (CPCB) implements legislation to

improve quality of air, prevent and control air pollution in the country.

-The board advises the central government on matters concerning quality

of air. It also coordinates activities, provides technical assistance and
guidance to state boards in addition to setting the standards for quality of
air.

-It collects and disseminates information in respect to air pollution and

performs functions prescribed by the act.

-The state boards advise the state government on matters concerning

prevention and control of air pollution

-The state boards possess the right to inspect at all reasonable times any
control equipment, industrial plant or manufacturing process and give
orders to take necessary steps to control pollution.

-The state board inspects air pollution control areas at regular intervals or
whenever necessary.

-They are empowered to provide standards for emissions to be laid down

for different industrial plants with regard to quantity and composition of
emissions.

-A state board may recognize or establish a laboratory for this purpose.

-State government has powers to declare air pollution control areas after
consulting with state boards. In the same manner, state government can

12
give instructions to ensure standards of emission from automobiles and
restrict operation of certain industrial units.

-Penalties are imposed by the state board and it might appeal to the court
to restrain persons for causing air pollution.

-Any person who contravenes any provision of the act is punishable with
imprisonment for a term extending to three months or a fine of Rs.10,000
or both. If the offence continues, an additional fine may extend to Rs.
5000 per day for everyday during which the contravention continues after
conviction for the first contravention.

SALIENT FEATURES OF WATER ACT

Water act came into effect in 1974 to prevent pollution of water by
industrial, agricultural and household water. The main objectives of this
act are listed below:
-Prevention, control and abatement of water pollution.

-The act also aims at restoration of wholesomeness of water

-The water act is designed to assess pollution levels and punish polluters

-The central government and state governments have set-up pollution

control boards to monitor water pollution.

-The water act of 1974 along with amendments in 1978 is an extensive

legislation with more than sixty sections for prevention and control of
water pollution.

-Central and state boards have been created under this act for preventing
water pollution
-The act empowers the board to take: -water samples for analysis
- govern discharge of sewage
- trade effluents
- study or inspect appeals
- revision of policies
- set minimum and maximum penalties
- publication of names of offenders
- offences by companies or government department
- establish or recognize water testing laboratories and standard testing
procedures
-Prevention and control of water pollution is achieved through a 'permit'
or a 'consent administration' procedure

13
-Discharging effluents is permitted by obtaining the consent of state
water boards

WATER POLLUTION CESS ACT (1977)

The objective of this act is that anyone consuming water has to pay cess
depending on the type of use as listed below:
-Industries using water for industrial cooling, spraying in mine pits or as
boiler feed
-Domestic purposes
-Processing (pollutants are biodegradable. Eg: water from slaughter
houses)
-Processing (pollutants are not biodegradable and are toxic. Eg: water
from tannery waste, industrial wastewater from electroplating industries)
Industries that have a treatment plant installed for treating their effluents
can get a rebate of 70% on the cess payable.

Kyoto protocall

Enforcement of international Environmental law

International environmental laws are generally initiated as soft laws that

are not binding per se but play a vital role in formulation of international
environmental rule-making. Soft law sources point to the likely future
direction of formally binding obligations by indicating acceptable norms
of behaviour. They also facilitate “codification and progressive
development” of rules of customary international environmental law,
which forms treaties and agreements at bilateral and multilateral levels.
Sometimes, treaties and agreements remain at the soft law stage as a
valuable instrument for enhancing or supplementing rules of international
environmental law within the treaties and agreements.

There are many principles which form the basis of the international
environmental laws. The Principle of State Sovereignty, which is core to
any international environmental law, states that: “The country has
sovereign rights over the natural resources of its territory.” Other
principles include The Precautionary Principle; The Principle of
Preventive Action; The Principle of Intergenerational Equity, which
means that as the members of the present generation, we hold the earth
for the future generation; The Polluter pays Principle; The Principle of
Sustainable Development, which is one of the widely accepted principle
in most of the environmental treaties; and the Principle of Common But
Differentiated Responsibility, which is present in the UN Framework
Convention on Climate Change.

14
The enforcement of international environmental laws has been enforced
through diplomatic channels and intergovernmental institutions like UN.
Enforcement also depends on domestic pressure, supervision and
application of international rules before domestic courts and
administrative, yet judicial institutions.

The influence of various non-governmental organizations (NGOs) in the

field of environmental law and policy has been manifested in several
treaty negotiations, where their participation has resulted in stricter rules
and the acknowledgement of new progressive notions. NGOs also play an
increasing role in the implementation of international agreements and
treaties by acting as watch dogs with respect to policy makers.

The Kyoto Protocol

During the Conference of Parties 3 (COP 3) in 1997 more than 160

nations met in Kyoto, Japan to negotiate binding limitations on
greenhouse gases for the developed nations, pursuant to the objectives of
the Framework Convention on Climate Change of 1992. The outcome of
the meeting was the Kyoto Protocol, in which the developed nations
agreed to limit their greenhouse gas emissions, relative to the levels
emitted in 1990. The United States agreed to reduce emissions from 1990
levels by 7 percent during the period 2008 to 2012 but US later did not
ratify the Protocol. It is important to note though that in 1909, Water
Boundary Treaty between United States of America and Canada was the
first one to commit its parties to prevent pollution.

To come into force, the treaty must be ratified by enough industrialized

nations to account for 55 percent of carbon emissions in 1990, Kyoto’s
baseline year. The US withdrawal put its leading 36 percent share off
limits, making participation by the other major players even more
important. Russia, accounting for 17% of 1990 emissions, holds the
second place.

The US withdrawal from international negotiations over carbon

emissions dealt a blow to the Kyoto Protocol that many thought might be
fatal. However, Russia has emerged as an unlikely saviour. The only
impediment to the Kyoto protocol entering into force now is the
Russians. The only global agreement to save climate, which has been
ratified by 110 countries, is still in limbo. At the end of 1997 in Kyoto, no
one could predict that only Russian ratification would block its entry into
force, or that the fate of the protocol would still be uncertain, even in
mid-2003 after it had been ratified by 110 countries.

15
Without Russia, the Kyoto protocol cannot enter into force, assuming the
US does not change their position. Global efforts to combat climate
change will be undermined for at least 5–10 years; and business
confidence in carbon markets will be eroded. This means that the rapid
promotion of renewable energy technologies and energy efficiency
techniques expected will also be hampered.

Conclusion

So far, the world community has accepted approximately more than 870
international legal instruments that have one or more provisions
addressing environment and nature, which includes bilateral and
multilateral instruments (binding and non-binding). Therefore, it can be
concluded that the situation is not all that gloomy and the world
community is aware of the dangers from environmental degradation.

Russian reaction on the ratification of the Kyoto Protocol has been

controversial and incomprehensible so far. It seems that the Russian
position is unpredictable and subject to sudden change, so they may ratify
the Kyoto Protocol.

The reason for non-enforcement of such a vital environmental treaty lies

in the failure of basic principles. The Kyoto Protocol is based on The
Principle of Common but Differentiated Responsibility, which has
developed the application of equity. But the very principle has not been
accepted by the major contributors to the greenhouse gases causing
global warming, like US and others. Hence, equitable distribution and
acceptance of the responsibilities has been absent from the Protocol,
which is the main reason for the non-enforcement of Kyoto Protocol.

There is an imbalance in the distribution of world economic and political

power and this has influenced inter-governmental institutions to a
considerable extent. These institutions play a vital role in the enforcement
of any environmental treat; hence this also is one of the major reasons for
the non-enforcement of Kyoto Protocol.

Principles of the Kyoto Protocol

Some of the principal concepts of the Kyoto Protocol are:

 Binding commitments for the Annex I Parties. The main feature of the
Protocol[26] is that it established legally binding commitments to
reduce emissions of greenhouse gases for Annex I Parties. The

16
 commitments were based on the Berlin Mandate, which was a part of
UNFCCC negotiations leading up to the Protocol.[27][28]:290
 Implementation. In order to meet the objectives of the Protocol,
Annex I Parties are required to prepare policies and measures for the
reduction of greenhouse gases in their respective countries. In
addition, they are required to increase the absorption of these gases
and utilize all mechanisms available, such as joint implementation, the
clean development mechanism and emissions trading, in order to be
rewarded with credits that would allow more greenhouse gas
emissions at home.
 Minimizing Impacts on Developing Countries by establishing an
adaptation fund for climate change.
 Accounting, Reporting and Review in order to ensure the integrity of
the Protocol.
 Compliance. Establishing a Compliance Committee to enforce
compliance with the commitments under the Protocol.

The Kyoto Protocol is an international agreement linked to the United

Nations Framework Convention on Climate Change. The major feature of
the Kyoto Protocol is that it sets binding targets for 37 industrialised
countries and the European community for reducing greenhouse gas
(GHG) emissions. These amount to an average of five per cent against
1990 levels over the five-year period 2008-2012. The major distinction
between the Protocol and the Convention is that while the Convention
encouraged industrialised countries to stabilise GHG emissions, the
Protocol commits them to do so.

Recognising that developed countries are principally responsible for the

current high levels of GHG emissions in the atmosphere as a result of
more than 150 years of industrial activity, the Protocol places a heavier
burden on developed nations under the principle of "common but
differentiated responsibilities."

The Kyoto Protocol was adopted in Kyoto, Japan, on 11 December 1997

and entered into force on 16 February 2005. The detailed rules for the
implementation of the Protocol were adopted at COP 7 in Marrakesh in
2001, and are called the "Marrakesh Accords."

Under the Treaty, countries must meet their targets primarily through
national measures. However, the Kyoto Protocol offers them an
additional means of meeting their targets by way of three market-based
mechanisms.

17
Under the Protocol, countries'actual emissions have to be monitored and
precise records have to be kept of the trades carried out.

Registry systems track and record transactions by Parties under the

mechanisms. The UN Climate Change Secretariat, based in Bonn,
Germany, keeps an international transaction log to verify that transactions
are consistent with the rules of the Protocol.

Reporting is done by Parties by way of submitting annual emission

inventories and national reports under the Protocol at regular intervals.

A compliance system ensures that Parties are meeting their commitments

and helps them to meet their commitments if they have problems doing
so.

The Kyoto Protocol, like the Convention, is also designed to assist

countries in adapting to the adverse effects of climate change. It
facilitates the development and deployment of techniques that can help
increase resilience to the impacts of climate change.

The Adaptation Fund was established to finance adaptation projects and

programmes in developing countries that are Parties to the Kyoto
Protocol. The Fund is financed mainly through a share of proceeds from
CDM project activities.

The targets cover emissions of the six main greenhouse gases, namely:

 Carbon dioxide (CO2);

 Methane (CH4);
 Nitrous oxide (N2O);
 Hydrofluorocarbons (HFCs);
 Perfluorocarbons (PFCs); and
 Sulphur hexafluoride (SF6)

The maximum amount of emissions (measured as the equivalent in

carbon dioxide) that a Party may emit over the commitment period in
order to comply with its emissions target is known as a Party's assigned
amount. The individual targets for Annex I Parties are listed in the Kyoto
Protocol's Annex B.

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