Notes on Environment Protection Act,1986

Environment Protection Act,1986 

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 a pretext to protection and improvement of the environment. 

The Constitution of India also provides for the protection of the environment. Article 48A of the Constitution specifies that the State shall endeavour 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. 

Objectives 

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 the 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 deterrent punishment to those who endanger the human environment, safety and health 

Definitions 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 an imbalance in the 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. 

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: 

• co-ordination of actions by the State Governments, officers and other authorities- (a) under this Act, or the rules made thereunder, or (b) under any other law for the time being in force which is relatable to the objects of this Act; 

• planning and execution of a nation-wide programme for the prevention, control and abatement of environmental pollution; 

• laying down standards for the quality of the environment in its various aspects; 

• 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; 

• 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; 

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

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

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

• carrying out and sponsoring investigations and research relating to problems of environmental pollution; 

• 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; 

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

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

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

• 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 any 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. 

This can be achieved only by careful assessment of a project proposed to be located in any area, on the basis of an environmental impact assessment and environmental 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.