THE ENVIRONMENT

PROTECTION
ACT, 1986
INTRODUCTION…..
In 1980, the Deptt. of
Environment was
established in India.
Later on it became
the Ministry of
Environment and
Forests in 1985.
EPA,1986 came into
force soon after the
Bhopal Gas Tragedy.
OBJECTIVE……
Objective is, to
provide the protection
and improvement of
environment.
In EPA, article 48A,
specify that the State
shall protect and
improve the
environment.
Contd…….
Also to safeguard the
forests and wildlife of
the country.
Acc. to sec 51(A)
every citizen shall
protect the
environment.
EPA is applicable to
whole India, including
J&K.
IMPORTANT
TERMINOLOGY….
“Environment” It 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, microorganism
and property.
"Environmental Pollutant"
means any solid, liquid or
gaseous substance present in
such concentration as may be, or
tend to be injurious to environment
Contd….
“Environmental pollutant" means any solid,
liquid or gaseous substances present in such
concentration as may be or tend to be injurious
to environment and human being.
“Hazardous Substance" means any substance
or preparation which, by reasons of its chemical
or physico-chemical properties, is liable to cause
harm to human beings or other living creatures.
“Handling” In relation to any substance, it
means the manufacturing, processing,
treatment, packaging, storage, transportation,
use, collection, destruction, conversion, offering
for sale, etc
Contd….
“Environmental pollution” means imbalance in
environment. The materials or substances when
after mixing in air, water or land alters their
properties in such manner, that the very use of
all or any of the air water and land by man and
any other living organism becomes lethal and
dangerous for health.
“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.
POWERS PROVIDED BY THE
ACT TO CENTRAL GOVTT.….
To make rules to regulate
environmental pollution;
To notify standards and
maximum limits of pollutants
of air, water, and soil for
various areas and purposes;
Prohibition and restriction on
the handling of hazardous
substances, and location of
industries (Sections 3-6).
CONTD….
Under Sec (3): may constitute
authority or authorities for the
purpose of exercising of
performing such of the powers
and functions;
Under Sec (4): may appoint a
person for inspection;
Under Sec (5): may issue
directions in writing to any
officers or any authority to
comply;
Under Sec (6): it empower the
government to make rules to
achieve the object of the Act.
Contd….
Under Sec (7): persons
carrying on industry,
operation etc. not to
allow emission or
discharge of
environmental pollutants
in excess of the
standards;
Under Sec (8): persons
handling hazardous
substances must
comply with procedural
safeguards.
PENALITY….
Whoever Person found to
be the cause of pollution,
may be liable for
punishment for a term
which may extend to five
years or with fine which
may extend to one lakh
rupees or both (Sec 15,
16, 17). If not comply fine
of Rs. 5000 per day extra,
still if not comply for more
than one year, then
imprisonment may extend
up to 7 years.
Contd….
Section 17 specifies that
Head of the department/ in-
charge of small unit may be
liable for punishment if the
owner /occupier produce
enough evidence of
innocence.
The state govtt. have power
to close or cancel or deny
the authorization to run the
factory/institution/hospital
whichever is causing
pollution.
ENVIRONMENTAL LAWS….
Following is a list of
the environmental
legislations that have
come into effect:-
General
Forest and wildlife
Water
Air
General….
1986 - The Environment (Protection) Act;
1986 - The Environment (Protection) Rules;
1989 - The objective of Hazardous Waste
(Management and Handling) Rules;
1989 - The Manufacture, Storage, and Import of
Hazardous Rules;
1989 - The Manufacture, Use, Import, Export,
and Storage of hazardous Micro-organisms/
Genetically Engineered Organisms or Cells
Rules;
1991 - The Public Liability Insurance Act and
Rules and Amendment, 1992
FOREST AND WILDLIFE….
1927 - The Indian
Forest Act and
Amendment, 1984;
1972 - The Wildlife
Protection Act, Rules
1973 and Amendment
1991;
1980 - The Forest
(Conservation) Act
and Rules, 1981.
WATER….
1882 - The Easement Act ;
1897 - The Indian Fisheries Act
;
1956 - The River Boards Act ;
1970 - The Merchant Shipping
Act ;
1974 - The Water (Prevention
and Control of Pollution) Act ;
1991 - The Coastal Regulation
Zone Notification.
AIR….
1948 – The Factories Act and
Amendment in 1987 ;
1981 - The Air (Prevention and
Control of Pollution) Act ;
1982 - The Air (Prevention and
Control of Pollution) Rules ;
1982 - The Atomic Energy Act
;
1987 - The Air (Prevention and
Control of Pollution)
Amendment Act ;
1988 - The Motor Vehicles Act.
REFERENCES….
www. envfor.nic.in
www.justice.gov.nt
www.finlex.fi
en.wikipedia.org
www.legislation.qld.gov.au
THANK
YOU