Environment Protection Act, 1986

 About

·       Environment Protection Act, 1986 Act of the Parliament of India Act was enacted under Article 253 of the Indian Constitution.

·       Passed in May 1986, it was came into force on 19 Nov 1986.

·       It has 26 sections and 4 chapters. They relate to the protection and improvement of the human environment and the prevention of hazards to human beings, other living creatures, plants and property.

·       The Act is an “umbrella” legislation designed to provide a framework for central government coordination of the activities of various central and state authorities established under previous laws, such as the Water Act and the Air Act.

Objectives

·       It was enacted to implement the decisions which were made at the United Nation Conference on the Human Environment held at Stockholm in June 1972.

·       Creation of authority for government protection.

·       Coordinating the activities of various regulating agencies which is done under the existing law.

·       The main task is to enact general laws for environmental protection, which could be unfolded in areas of severe environmental hazards.

·       Providing deterrent punishment to those who inculcate in endangering the human environment, safety and health.

·       The main goal for the environment should be sustainable development and it can be regarded as one of the goals for Environment Protection Act, 1986.

·       Sustainable development includes achieving the object and the purpose of the act as well as the protection of life under Article 21 of the Indian Constitution.

Salient Features

·       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.

·       The Central government is also empowered to –

Ø  Plan and execute a nation-wide programme for the prevention, control and abatement of environmental pollution.

Ø  Laying down standards for the quality of environment in its various aspects.

Ø  Laying down standards for emission or discharge of environmental pollutants from various sources whatsoever.

Ø  Carrying out and sponsoring investigations and research relating to problems of environmental pollution.

Ø  Preparation of manuals, codes or guides relating to the prevention, control and abatement of environmental pollution.

Ø  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.

·       The Central Government may appoint officers with such designations 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.

·       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.

·       Persons carrying on industry, operation, etc., not to allow emission or discharge of environmental pollutants in excess of the standards.

·       No person shall handle or cause to be handled any hazardous substance except in accordance with such procedure and after complying with such safeguards as may be prescribed.

·       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.

·       No individual or organisation shall discharge/emit or permit to discharge/emit any environmental pollutant in excess of the prescribed standards.

·       No individual shall handle or shall be caused to handle any hazardous substance except in accordance with the procedure and without complying with the safeguards, as prescribed.

·       Any person empowered by the Central Government shall have a right to enter (with the assistance deemed necessary) at any place for the inspection of compliance of any orders, notifications and directions given under the Act.

·       A Government Analyst is appointed by the Central Government for the analysing the samples of air, water, soil or other substance sent to a recognised environmental laboratory.

·       If an offence under this Act is committed by a company, every person directly in charge of the company, at the time of the commitment of offence, is deemed to be guilty unless proven otherwise.