Battery Waste Management Rules, 2022 Amendments

· Rule 13. Action on Violations and Imposition of Environmental Compensation Amended to Drop Straight Penalties are non fulfilment of Obligations

Sub-rule (2) of Rule 13 - Omitted

(2) These activities, may also be dealt with under the provisions of section 15 of the Environment (Protection) Act, 1986, in case of evasion or violation either by entity itself or help abet any obligated entity evade or violate obligations, after giving an opportunity of being heard.

Sub-rule (9) of Rule 13 - Substituted

“(9) Any person, who fails to comply or contravenes the provisions of these rules shall be liable to a penalty in accordance with the provisions of section 15 of the Act.”.

(9) Non-fulfilment of obligations set out under these guidelines will attract penal actions under the provisions of section 15 of the Environment (Protection) Act, 1986.

[MoEFCC Notification S.O. 5210(E) dated 3 December, 2024]

S.O. 5210(E).— WHEREAS the Jan Vishwas (Amendment of Provision) Act, 2023 (18 of 2023) inter alia amends the Environment (Protection) Act, 1986 (29 of 1986) for decriminalising the offences under the said Act;

AND WHEREAS the Central Government is of the opinion that it is necessary and expedient in the public interest to amend the Battery Waste Management Rules, 2022;

AND WHEREAS sub-rule (4) of rule 5 of the Environment (Protection) Rules, 1986 provides that whenever it appears to the Central Government that it is in the public interest to do so, it may dispense with the requirement of notice under clause (a) of sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986;

AND WHEREAS the Central Government is of the opinion that it is in the public interest to dispense with the requirement of notice under clause (a) of sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986 for amending the Battery Waste Management Rules, 2022;

NOW, THEREFORE in exercise of the powers conferred by sub-section (1), clauses (v) and (vii) of sub-section (2) of section 3; sub-section (1), clauses (c) and (d) of sub-section (2) of section 6; section 8; and clause (b) of sub-section (2) of section 25 of the Environment (Protection) Act, 1986 (29 of 1986), read with sub-rule (4) of rule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby makes the following rules further to amend the Battery Waste Management Rules, 2022, namely:—

2. In the Battery Waste Management Rules, 2022, in rule 13,-

(a) “sub-rule (2) shall be omitted.”

(b) for sub-rule (9), the following sub-rule shall be substituted, namely:-

“(9) Any person, who fails to comply or contravenes the provisions of these rules shall be liable to a penalty in accordance with the provisions of section 15 of the Act.”.

[F. No. 12/36/2019-HSMD]