Environment Protection Act

1. THE ENVIRONMENT (PROTECTION)
ACT, 1986
MINISTRY OF ENVIRONMENT & FORESTS
DEPARTMENT OF ENVIRONMENT, FORESTS & WILDLIFE
GOVERNMENT OF INDIA
NEW DELHI
BY,
S.DIVYA

2.  The Environment (Protection) Act 1986 was introduced after
the Bhopal gas tragedy during Rajiv Gandhi was the Prime
Minister of our country.
The Act came into force on Nov. 19, 1986 and
extends to the whole of India.
 Implementation and the preservation of hazards to
human beings, other living things and property.
 Enacted by Parliament in the 37th year of Republic of India.
United Nation Conference
the Human Environment held at Stockholm in June,
1972

3. 1) Preliminary
2) General powers of the central government
3) Prevention, control and abatement of Environmental
pollution
4) Miscellaneous
The Environmental act, 1986 has 26 sections and it has been divided into
four chapters relating to:
SCHEME OF THE ACT

4. PRELIMINARY
 SHORT TITLES, EXTENT AND COMMENCEMENT
The environmental protection act(1986) enacted under the article 253 of the Indian
constitution.
To protect and improve environmental quality, control and reduce pollution
1. The act may be called as Environmental(protection) Act,1986
2. It extends to whole of India
3. Central government may by notification in the official gazette, appoint and
different dates may be appointed for different provisions of this act for different
areas
CHAPTER 1

5. • “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.” [S-2(a)]
• “Environmental Pollutant" means any solid, liquid or gaseous substance present in such
concentration as may be, or tend to be, injurious to environment.[S-2(b)]
• "Environmental Pollution" means the presence of any environmental pollutant in the environment.[S-
2(c)]
• ''Handling'' In relation to any substance, it means the manufacturing, processing, treatment,
packaging, storage, transportation, use, collection, destruction, conversion, offering for sale, etc.
• “Hazardous substance” means any substance or preprations which, by reason of its chemical or
physicochemical properties or handling, is liable to cause harm to human beings, other living
creatures, plant, micro organism, property or the environment;
• ''Occupier'' It 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
• ''Prescribed'' means prescribed by rules made under this act.
CHAPTER 1
PRELIMINARY
 DEFINATIONS

6. GENERAL POWERS OF THE CENTRAL GOVERNMENT
To make rules to regulate environmental pollution; To notify standards andmaximum limits of pollutants of air, water, and
soil for various areas andpurposes; Prohibition and restriction on the handling of hazardoussubstances, and location of
industries (Sections 3-6).
-Take all necessary measures for environment protection.
-Coordinate the actions of State Governments
-Lay down standards of environment quality and pollutants.
-Execute nationwide programmes.
-Restriction of areas for industries, etc.
-Inspecting industrial premises,
Preparation of manuals, codes or guides
The Central Government may appoint
officers and entrust them with such
powers and functions as it may deem fit.
CHAPTER 2

7. - the standards of quality of air, water or soil
- the maximum allowable limits of pollutants
- the procedures for the handling of hazardous substances
- the prohibition and restriction on the location of industries
- the procedures and safeguards for the prevention of accidents
CHAPTER 2
GENERAL POWERS OF THE CENTRAL GOVERNMENT

8. PREVENTION, CONTROL AND ABATEMENT OF ENVIRONMENTAL POLLUTION
• Under sec (7):persons carrying industry , operation etc. not to allow emission discharge of pollutants in excess of standards
• Under sec(8):persons handling hazardous substances must comply with procedural safeguards
• Monitoring authority can carry out inspections. (S-10)
• Power to take samples (As per prescribed procedure). (S-11)
• Samples are tested in environmental laboratories. (S-12)
CHAPTER 3

9. PREVENTION, CONTROL AND ABATEMENT OF ENVIRONMENTAL POLLUTION
 The Central Government has the power to take all such measures as it deems necessary forthe purpose of protecting and
improving the quality of environment and preventing,controlling and abating environmental pollution. Such measures
may include:
Co-ordination of actions by the State Government officers and other authorities under thisact or under any law.
Planning and execution of nation- wide programmes for the prevention, control andabatement of environmental pollution.
– Laying down standards for the quality of environment in the various aspects.
– Laying down standards for the emission or discharge of environmental pollutants.
– Restriction of areas in which any industry, operation or process shall be carried out.
– Laying down procedures and safeguards for handling of hazardous substances.
– Examination of manufacturing processes, materials and substances which are likely tocause environmental
protection.
– Carrying out and sponsoring investigations and research relating to problems ofenvironmental pollution.
– Establishment and recognition of environmental laboratories.
– Such other matters as the Central Government may deem necessary of the purposes ofsecuring effective
implementation of this Act.
 Under section 3(3), the Central Government may constitute an “authority” or “authorities”to exercise powers and
perform functions as mentioned above.
CHAPTER 3

10. MISCELLANEOUS
 PENALTIES
• One of the objectives of EPA is to provide for deterrent punishmentto those who endanger human environment, safety
and health.
• Sec 15 of the EPA provides that any person who fails to comply orcontravenes any of the provisions of the Act, or the rules
made ororders or directions issued under the act or rules, then for suchfailure or contravention, he shall be punishable:-
a) With imprisonment for a term which may extend to 5 years,
b) With fine which may extend to one lakh rupees,
c) With both.
• In case the failure or contravention continues after the conviction forfirst failure or contravention, an additional fine which
may extend tofive thousand for every day can be imposed for a period during whichfailure or contravention continues.
• If the failure or contravention continues beyond a period of one yearafter conviction, the offender shall be punishable with
imprisonmentfor a term which may extend to seven years.
CHAPTER 4

11. MISCELLANEOUS
 OFFENCES
• Sec 16 of EPA incorporates the principle of “vicarious liability” of the personincharge , Director, Manager, Secretary or
other officer, for the offence ifcommitted by the company.
• When any offence is committed by the company then the company as wellas the person directly incharge of and
responsible for the conduct of thebusiness of the company shall be deemed to be liable to punishment.
• However, the person incharge of responsible for the conduct of business ofthe company is no held liable if he proves:
a) That the offence was committed without his knowledge,
b) That he exercised all due diligence/ care to prevent the commission ofsuch offence.
• In Suo Motu v. Vatva Industries Asson,it was held that the pollution controlboard and its officers are free and competent to
take action against anyperson on violating any provisions of the environmental laws. They neednot wait for any direction of
the court for taking action under the law.
CHAPTER 4

12. WHO CAN MAKE THE COMPLAINT?
A complaint under this act can be made by:
• a) The central govt. or any other authority by thatgovt. or,
• b) Any person who has given notice of not less than60 days of the alleged offence and of his intentionto make complaint to
the Central Govt. or theauthorized officer.

13. CONCLUSION
 • In conclusion, environment pollution are affecting not only individual but also entire countries all over the world. The
awareness towards improving the quality of environmenthas increased substantially and all efforts are being made at
different levels to minimizeenvironmental pollution and thus help in improving the quality of life.
 • Management of environment means the proper utilization, conservation preservation,control and recycling of the
resources for maintaining a balanced ecosystems. The mainfocus of environment management is, thus, to avoid the over-
use, misuse and abuse of thenatural resources.
 • The effective environmental management is the optimum allocation of finite resourcesamong the various possible uses
and it has to be based on scientific and technologicalapproach which takes full note of socioeconomic parameters and
compulsions.
 • Environmental management is an inter disciplinary approach to resource conservation and itacts as a regulatory force
on human wantonness in resource wasting.
 • India is a “soft State” . It has excellent environmental laws, but politics and/or corruptionprevent their effective
implementation. The result has been disastrous for our environmentand hence for the economy too, as we are now
seeing