MODULE – VII: THE ENVIRONMENT (PROTECTION) ACT, 1986

1. DEFINE AIMS AND OBJECTIVE OF THE ENVIRONMENT PROTECTION ACT

[Link]
Powers of Central Government to take measures to Protect and Improve Environment and
Prevention, Control and Abetment of Environment Pollution.
ANSWER: The Environment (Protection) Act was enacted in the year 1986. It was enacted with the main
objective to provide the protection and improvement of environment and for matters connected therewith. The
Act is one of the most comprehensive legislations with pretext to protection and improvement of environment.

The Constitution of India also provides for the protection of the environment. Article 48A of the Constitution
specifies that the State shall endeavor to protect and improve the environment and to safeguard the forests and
wildlife of the country. Article 51 A further provides that every citizen shall protect the environment.

Premises of the Act

It is now generally accepted that environment is threatened by a wide variety of human activities ranging
from the instinctive drive to reproduce its kind to the restless urge of improving the standards of living,
development of technological solutions to this end, the vast amount of waste, both natural and chemical, that
these advances produce. Paradoxically, this urge to grow and develop, which was initially uncontrolled is now
widely perceived to be threatening as it results in the depletion of both living and non-living natural resources
and life support systems. The air, water, land, living creatures as well as the environment in general is becoming
polluted at an alarming rate that needs to be controlled and curbed as soon as possible.

The 1986 Act was enacted in this spirit. From time to time various legislations have been enacted in
India for this purpose. However, all legislations prior to the 1986 Act have been specific relating to precise
aspects of environmental pollution. However, the 1986 Act was a general legislation enacted under Article 253
(Legislation for giving effect to international agreements.—Notwithstanding anything in the foregoing
provisions of this Chapter, Parliament has power to make any law for the whole or any part of the territory of
India for implementing any treaty, agreement or convention with any other country or countries or any decision
made at any international conference, association or other body) of the Constitution, pursuant to the
international obligations of India. India was a signatory to the Stockholm Conference of 1972 where the world
community had resolved to protect and enhance the environment.

While several legislations such as The Water (Prevention and Control of Pollution) Act, 1974 and The Air
(Prevention and Control of Pollution) Act, 1981 were enacted after the Conference, the need for a general
legislation had become increasingly evident. The EPA was enacted so as to overcome this deficiency.

DEFINITION: Section 2 of the EPA deals with definitions. Some important definitions provided in the
Section are:

 Section 2 (a) “Environment” includes water, air, and land and the interrelationship that exists among
and between water, air and land and human beings, other living creatures, plants, micro-organism and
property. This definition is not exhaustive but an inclusive one.

 Section 2 (b) “Environmental Pollutant” means any solid, liquid or gaseous substance present in such
concentration as may be, or tend to be injurious to environment.

 Section 2 (c) “Environmental Pollution” means the presence in the environment of any environmental
pollutant. This implies the 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.

 Section 2 (e) “Hazardous Substance” means any substance or preparation which, by reasons of its
chemical or physico-chemical properties or handling, is liable to cause harm to human beings, other
living creatures, plants, micro-organism, property or environment.

AIMS OF ENVIRONMENT PROTECTION ACT: Main aims of the EPA are-

 The Centre for Environmental Protection aims to serve as nodal centre in the field of
Environmental Law by promoting, encouraging and initiating research related to the different
environment related issues including analyzing the various laws along with factual reality
related with environmental protection. To achieve this aim the centre will emphasis and focus
on the following areas:
 Analysing the public policies and their implementation in the field of environmental law.
 To collaborate with the different stake holders for the research and environment awareness.
 To promote, support and assist education and personal training program designed to enhance
environmental information processing and utilization capabilities.
 To coordinate with students and faculty participation in the environmental studies program
that has connected and collaborative learning as a central goal.
 Along with research activities the centre proposes to conduct various theme based activities on
Environment protection and sustainability and it will work in coordination ECO CLUB of ILNU.

OBJECTIVE OF THE ENVIRONMENT PROTECTION ACT: As mentioned earlier, the main

objective of the Act was to provide the protection and improvement of environment and for
matters connected therewith. Other objectives of implementation of the EPA are:

 To implement the decisions made at the UN Conference on Human Environment

held at Stockholm in June, 1972.
 To enact a general law on the areas of environmental protection which were left
uncovered by existing laws. The existing laws were more specific in nature and concentrated
on a more specific type of pollution and specific categories of hazardous substances rather
than on general problems that chiefly caused major environmental hazards.
 To co-ordinate activities of the various regulatory agencies under the existing laws
 To provide for the creation of an authority or authorities for environmental
protection
 To provide a deterrent punishment to those who endanger human environment,
safety and health

 Powers of Central Government to take measures to Protect and Improve

Environment :According to the provisions of the Act, 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. Such measures
may include measures with respect to all or any of the following matters, namely:
 i) Co-ordination of actions by the State Governments, officers and other authorities-

(a) Under this Act, or the rules made there under, or

(b) Under any other law for the time being in force which is relatable to the objects of this Act;

ii) Planning and execution of a nation-wide programme for the prevention, control and abatement of
environmental pollution;

iii) Laying down standards for the quality of environment in its various aspects;

iv)laying down standards for emission or discharge of environmental pollutants from various sources
whatsoever: Provided that different standards for emission or discharge may be laid down under this clause
from different sources having regard to the quality or composition of the emission or discharge of
environmental pollutants from such sources;

v) 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;

vi)laying down procedures and safeguards for the prevention of accidents which may cause environmental
pollution and remedial measures for such accidents;

vii)laying down procedures and safeguards for the handling of hazardous substances;

viii) examination of such manufacturing processes, materials and substances as are likely to cause
environmental pollution;

ix) carrying out and sponsoring investigations and research relating to problems of environmental pollution

.x) inspection of any premises, plant, equipment, machinery, manufacturing or other processes, materials or
substances and giving, by order, of such directions to such authorities, officers or persons as it may consider
necessary to take steps for the prevention, control and abatement of environmental pollution;

xi) establishment or recognition of environmental laboratories and institutes to carry out the functions
entrusted to such environmental laboratories and institutes under this Act;

xii) collection and dissemination of information in respect of matters relating to environmental pollution;

xiii) preparation of manuals, codes or guides relating to the prevention, control and abatement of
environmental pollution;

xiv) such other matters as the Central Government deems necessary or expedient for the purpose of securing
the effective implementation of the provisions of this Act.

The Central Government may, if it considers it necessary or expedient so to do for the purpose of this Act,
by order, published in the Official  Gazette, constitute an authority or authorities by such name or names as
may be specified in the order for the purpose of exercising and performing such of the powers and functions

including the power to issue directions under section (5) of the Central Government under this Act and for
taking measures with respect to such of the matters referred to in sub-section (2) as may be mentioned in the
order and subject to the supervision and control of the Central Government and the provisions of such order,
such authority or authorities may exercise and powers or perform the functions or take the measures so
mentioned in the order as if such authority or authorities had been empowered by this Act to exercise those
powers or perform those functions or take such measures.

As considerable adverse environment impact has been caused due to degradation of the environment with
excessive soil erosion and water and air pollution due to certain development activities therefore it is necessary
to protect the environment. This can be achieved only by careful assessment of a project proposed to be located
in any area, on the basis of an environment impact assessment and environment management plan for the
prevention, elimination or mitigation of the adverse impacts, right from the inception stage of the project.

The Central Government has passed certain notifications laying that the expansion or modernization of any
existing industry or new projects listed shall not be undertaken in any part of India, unless it gets
environmental clearance by the Central Government, or the State Government.

 Prevention, Control and Abetment of Environment Pollution

Chapter III of the EPA deals with prevention, Control and abetment of Environmental
Pollution. Some important provisions of this chapter provide that-
 No person carrying on any industry, operation or process shall discharge or emit or permit
to be discharged or emitted any environmental pollutant in excess of such standards as may
be prescribed.
 No person shall handle or cause to be handled any hazardous substance except in
accordance with such procedure and after complying with such safe guards as may be
prescribed.
 Where the discharge of any environmental pollutant in excess of the prescribed standards
occurs or is apprehended to occur due to any accident or other unforeseen act or event, the
person responsible for such discharge and the person in charge of the place at which the
discharge occurs shall be bound to prevent or mitigate the environmental pollution. and
shall also:

(a) Intimate the fact of such occurrence or apprehension of such occurrence; and

(b) Be bound, if called upon, to render all assistance. On receipt of such information, the
authorities or agencies shall cause such remedial measures to be taken as are necessary to prevent
or mitigate the environmental pollution.

The expenses incurred by any authority or agency may be recovered from the person concerned as
arrears of land revenue or of public demand.