ENVIRONMENT PROTECTION ACT 1986

INTRODUCTION

The Environment Protection Act,1986 is the outcome of India participating in the United Nations Conference (for protecting and improving Human Environment) held in June,1972 in Stockholm. This legislation was a way to implement India’s promises for protecting the environment. The process received a major push when the Bhopal Gas Tragedy happened in 1984, leading to thousands of deaths overnight in a gas leak that happened in Bhopal.

The lack of legislation pertaining to such accidents was the reason the Managing partners as well as the company went without any punishment.

The Act aims at “Making a clean environment with ecological balance and preserving flora and fauna around us”. The Act was enacted by the Govt. of India, Ministry of Law & Justice in May, 1986.

The Act comprises of Four Chapters (numbered I to IV) with 26 Sections (numbered 1 to 26).

 

 OBJECTIVE

1.   Provide protection and improvement for the environment and all matter connected with it.”

2. Most importantly, it aims to implement the decisions reached at the UN Conference on Human Environment which was held in Stockholm in June 1972, of which India had also been a participant.

3.   The previous environment related laws were all very specific and they left certain gaps. This Act serves the purpose of covering all those gaps left behind by previous laws by having a general and wider scope.

4. To facilitate effective coordination between the different central and state authorities indulged in environment protection and preservation, as established by existing laws.

5. To confer the Central Government with wide powers to carry out effective environment protection measures as it sees fit.

6.   To lay down a detailed structure that would provide more stability and clarity on the environmental laws of the country.

7.   To provide deterrent punishment to those who endanger the environment, health, and safety.

DEFINITIONS

Environment [Section 2(a)]

It includes water, air & land and their inter-relationship as well as human beings, other living creatures, plants, micro-organism and property.

Environmental Pollutant [Section 2(b)]

Any solid, liquid or gaseous substance present in such concentration as may be or tend to be injurious to the environment.

Environmental Pollution [Section 2(c)]

It means presence in the environment of any environmental pollutant.

Hazardous substance [Section 2(e)]

Any substance or preparation, which by reason of its chemical or physio-chemical properties or handling, is liable to cause harm to human being, other leaving creatures, plants, micro-organism, property or the environment.

IMPORTANT PROVISIONS OF THE ACT

Power of Central Govt. to take measures to Protect & Improve Environment [Section 3]

(1) Co-ordinating with State Govts., officers & other authorities, planning and executing nation-wide programme for prevention, control and reduction of environmental pollution,

(2) Laying down

• Standards for quality of environment for emission and discharge of environmental pollution from various sources;
• Procedures & safeguards for preventing accidents causing environmental pollution and also for handling hazardous substances;
• Measures to protect & improve.

(3) Restricting areas to carry out industries operations or processes,

(4) Examining manufacturing processes, materials and substances likely to cause environmental pollution,

(5) Carrying out investigation and research on environmental pollution problem,

(6) Inspecting premises, plant, equipment, machinery, manufacturing or other processes, materials or substances and preparing manuals, codes or guides for prevention, control & abatement of environmental pollution.

(7) Establishment or recognition of environmental laboratories and institutes to carry out the functions entrusted to such environmental laboratories and institutes under this Act;

(8) Collection and dissemination of information in respect of matters relating to environmental pollution;

(9) Preparation of manuals, codes or guides relating to the prevention, control and abatement of environmental pollution;

Power to Give Direction [Section 5]

The Central Govt. may issue directions to any person, officer or authority for closure, prohibition or regulation of any industry, operation/process or stoppage or regulation of supply of electricity or water or any other service.

Rules to Regulate Environmental Pollution [Section 6]

The Central Govt. may frame rules in respect of matters referred to in sec 3 and in particular

1) Standard of quality of air, water or soil for various areas and purpose,

2) Maximum allowable limit of concentration of various environmental pollutants (including noise) for different areas,

3) Procedures, safeguards, prohibition and restriction on handling of hazardous substances in different areas,

4) Prohibition and restrictions on the location of industries and the carrying on of processes and operations in different areas,

5) Procedures and safeguards for prevention of accident which may cause environmental pollution.

Person Carrying on Industry, Operation etc. Not to Allow Emission/ Discharge of Environmental Pollutants in Excess of the Standards [Section 7]

No person carrying on industry, operation or process shall discharge or emit environmental pollutants in excess of such standards.

Person Handling Hazardous Substances to Comply with Procedural Safeguards [Section 8]

No person shall handle any hazardous substance except in accordance with prescribed procedure and safeguards.

Furnishing of Information to Authorities and Agencies in Certain Cases [Section 9]

Whenever any discharge of environmental pollution exceeds the prescribed standards, the person responsible for such discharge and the in-charge of the place of such discharge shall be bound to prevent or mitigate the environmental pollution and shall intimate such occurrence and tender all assistance to the prescribed authorities or agencies.

Powers of Entry and Inspection [Section 10]

Any person empowered by the Central Govt. may enter, at all reasonable times, with assistance, at any place for – Performing any entrusted functions under this Act or rules made thereunder, examining, testing any equipment, plant, record, register, document or any other material object or conducting a search in any building to judge any offence under this Act or rules made thereunder.

Power to Take Sample and Procedure to be Followed in Connection Therewith [Section 11]

The Central Govt. or its empowered officer may take, for analysis, samples of air, water, soil or other substance from any factory, premises or other place in a prescribed manner. The result of analysis cannot be taken as evidence for legal proceeding unless it is performed in a prescribed manner. The person taking the sample shall serve notice and collect the sample in a prescribed manner and send it to the laboratory established or recognised by the Central Govt.

Environmental Laboratories [Section 12]

The Central Govt. may:

(a) Establish Environmental Laboratories,

(b) Recognise Laboratories or Institutes as Environmental Laboratories

(c) Make rules specifying –

(i) Functions of the said Laboratory,

(ii) Procedure for submission to the said Laboratory of samples of air, water, soil or other substance for analysis.

Penalty for Contravention of Provisions of the Act & Rules, Orders and Directions [Section 15]

Offender is liable to be punished upto 5 yrs. imprisonment or with a fine upto rupees one lakh or with both and with daily additional rupees five thousand as fine for continuation of the contravention. Imprisonment is extendable to seven yrs. if contravention continues beyond one year.

Powers to make Rules [Section 25]

The Central Govt. may make rules on all or any of the following matters for carrying out the purpose of this Act

(1) Standard of maximum limit of discharge of environmental pollutants,

(2) Procedures and safeguards for handling hazardous substances,

(3) Authorities or agencies to intimate discharge of environmental pollutants exceeding prescribed standards and rendering them assistance under Sec. 9,

(4) Manners of taking sample of air, water, soil or other substances for analysis,

(5) Form in which notice is served for analysis of sample,

(6) Functions of environmental laboratories, submission procedure for sample for analysis, form of report, fees payable for such report.

(7) Qualifications of govt. analyst under Sec. 13,

(8) Manner of serving notice to offenders and making complaint to the Central Govt. under Sec. 19,

(9) Authority or officer for furnishing any reports, returns, statistics, accounts or other information under Sec. 20,

(10) Any other matters required or prescribed.