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    Environment Protection Act

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    Sahil
    The document outlines key aspects of the Environment Protection Act of 1986 in India. It discusses the background that led to the legislation, including increasing pollution and environmental threats. The objectives are to protect and improve the environment. Key definitions are provided around terms like environment, pollution, hazardous substances, and occupier. The Central Government is empowered to coordinate actions, set standards, restrict industries in certain areas, and issue directions to control pollution. Persons handling pollutants or hazardous materials must comply with standards and safeguards. Authorities can inspect sites, take samples, and analyze them in environmental laboratories. Non-compliance can result in penalties like fines or imprisonment.

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    Download as DOCX, PDF, TXT or read online from Scribd

    Environment Protection Act

    Uploaded by

    Sahil
    7K views9 pages
    The document outlines key aspects of the Environment Protection Act of 1986 in India. It discusses the background that led to the legislation, including increasing pollution and environmental threats. The objectives are to protect and improve the environment. Key definitions are provided around terms like environment, pollution, hazardous substances, and occupier. The Central Government is empowered to coordinate actions, set standards, restrict industries in certain areas, and issue directions to control pollution. Persons handling pollutants or hazardous materials must comply with standards and safeguards. Authorities can inspect sites, take samples, and analyze them in environmental laboratories. Non-compliance can result in penalties like fines or imprisonment.

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    The document outlines key aspects of the Environment Protection Act of 1986 in India. It discusses the background that led to the legislation, including increasing pollution and environmental threats. The objectives are to protect and improve the environment. Key definitions are provided around terms like environment, pollution, hazardous substances, and occupier. The Central Government is empowered to coordinate actions, set standards, restrict industries in certain areas, and issue directions to control pollution. Persons handling pollutants or hazardous materials must comply with standards and safeguards. Authorities can inspect sites, take samples, and analyze them in environmental laboratories. Non-compliance can result in penalties like fines or imprisonment.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    7K views9 pages

    Environment Protection Act

    Uploaded by

    Sahil
    The document outlines key aspects of the Environment Protection Act of 1986 in India. It discusses the background that led to the legislation, including increasing pollution and environmental threats. The objectives are to protect and improve the environment. Key definitions are provided around terms like environment, pollution, hazardous substances, and occupier. The Central Government is empowered to coordinate actions, set standards, restrict industries in certain areas, and issue directions to control pollution. Persons handling pollutants or hazardous materials must comply with standards and safeguards. Authorities can inspect sites, take samples, and analyze them in environmental laboratories. Non-compliance can result in penalties like fines or imprisonment.

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    The key takeaways are that the act was enacted to protect and improve the environment in India and establish authorities and standards to prevent environmental pollution.

    The two main objectives of the act are protection and improvement of the environment and matters connected with it.

    Some of the key definitions provided are of environment, environmental pollutant, environmental pollution, handling, hazardous substance and occupier.

    MODULE-6

    SALIENT FEATURES OF THE


    ENVIRONMENT PROTECTION ACT : 1986

    BACKGROUND :
    – United Nations Conference on the Human Environment – Stock
    Holm, 1972
    – Concern for Environment Since 60s
    – Problems in Environment :
    1. Increasing Pollution
    2. Loss of Vegetable cover and Biological Diversity
    3. Excessive concentration of Harmful Chemicals in the Ambient
    Atmosphere and Food Chains
    4. Growing risks of environmental accidents and threats to life
    Support systems
    – Need for General Legislation
    – To cover matters of Industrial and Environmental safety
    – Control Mechanisms to prevent growth of environmental hazards
    – To study and plan environmental issues
    – Speedy and Adequate response to emergency situations
    – Co-ordination of Activities
    Creation of Authorities
    Discharges of Environmental pollutants
    Handling of Hazardous substances
    Speedy response
    Deterrant punishment
    – Comes within ambit of Right to Live Under Article 21
    OBJECTIVES :
    1. Protection and Improvement of Environment
    2. Matters connected therewith

    EXTENT :
    Whole of India

    DATE OF ENFORCEMENT :
    – 19.11.1986
    DEFINITIONS :
    SEC 2 (a) 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.

    SEC 2(b) ENVIRONMENT POLLUTANT : Means any Solid, Liquid or


    Gaseous substances present in such concentration as maybe, or Tend to be,
    Injurious to Environment.

    SEC 2 ( c) ENVIRONMENT POLLUTION : Means the presence in the


    environment of any environmental pollutant.

    SEC 2 (d) HANDLING :


    In relation to any substances, Means the Manufactures, Processing,
    Treatment, Package, Storage, Transportation, Use, Collection, Destruction,
    Conversion, Offering for sale transfer or the like of such substances

    SEC 2 (e) HAZARDOUS SUBSTANCE:


    Means any substances or preparation which by reason of its chemica
    or Physigo – Chemical Properties or Handing is liable to cause harm to Human
    Beings, Other living creatures, Plants, Micro –Organism, Property or
    environment.

    SEC 2(f) OCCUPIER :


    In relations to any factory or premises means a person who has control
    over the affairs of the factory or the premises and includes in relations to any
    substances, the persons in possession of the substance.

    GENERAL POWERS OF CENTRAL GOVERNMENT – PROTECTION


    AND IMPROVEMENT ( SEC. 3)
    1) ALL MEASURE FOR a) Protecting
    b) Improving
    c) Preventing, Controlling and abating
    environmental pollution.
    2) SPECIFIC POWERS :
    a) Co-Ordination of Actions by State Governments, Officers and other
    Authorities.
    b) Planning and Execution of a nation-wide programme
    c) Laying down standards for quality of environment
    d) Laying down standards for the emission or discharge of environmental
    pollutants (Differential allowed)
    e) Restriction of areas in which industries, Operation or processes of class of
    Industries shall be carried out subject to safe guards
    f) Laying down procedures and Safeguards for prevention of accidents and
    remedial measures.
    g) Laying down procedures and safe guards for handling of hazardous
    substances.
    h) Examination of manufactures processes, Materials and substances likely to
    cause environmental pollution.
    i) Carrying out and sponsoring investigations and research relating to
    problems of environmental pollution
    j) Inspection and Directions
    k) Establishment and recognition of environmental laboratories for purposes
    of the act.
    l) Collection and dissemination of information
    m) Preparation of Manuals, Codes or Guides
    n) Such other Matters
    3) SET OF AUTHORITIES

    Central Government to appoint Officers to perform functions under this act


    under its directions and confer powers (SEC 4)

    Central Government has power to issue direction to any person, officer or


    authority for the purposes of this Act and said power is inclusive of : (SEC5)
    a) Closure, Prohibition or Regulation of Industry, Operation or process
    b) Stoppage or regulation of the Supply of Electricity, or water or any other
    service

    Central Government to make RULES to regulate environmental pollution


    (SEC6)
    a) The standard of quality of air, water or soil for various areas and purpose.
    b)The maximum allowable limits of concentration of various environmental
    pollutants ( including noise) in different areas.
    CHAPTER III – PREVENTION, CONTROL AND ABATEMENT OF
    ENVIRONMENTAL POLLUTION

    SEC. 7. No person carrying on Industry, Operation etc. to allow emission or


    discharge of environmental pollutants in excess of standards.

    SEC 8. Persons handling Hazardous Substances to comply with procedural


    safeguards

    SEC 9. Furnishing of information to Authorities and Agencies:


    – In case of occurrence or apprehension of discharges of environmental
    pollutant in excess of prescribed standards by persons in charge to
    concerned authorities.
    – To render all assistance
    – Authorities to take early measures to prevent or mitigate
    environmental pollution
    – Expenses with reasonable interest to be recovered as arrears of land
    revenue or of public demand.

    SEC 10. Powers of entry and Inspection


    – Any persons empowered by Central Government in its behalf shall
    have right of entry
    a) For purpose of performing functions entrusted
    b) Rules and Directions under Act have been complied with
    c) For purpose of examining, testing, search and seizure
    – Every person to render all necessary assistance otherwise considered
    an offence
    – Any willfully delay or obstruction by such person an offence
    – Provision of Criminal Procedure Code to apply for search and seizure
    SEC 11. Power to take sample and procedure to be followed in connection
    therewith:
    – Power granted to Central Government and Officer empowered on its
    behalf
    – Above person to conform with following procedure :
    a) Serve Notice
    b) In presence of Occupier or his agent collect sample for analysis
    c) Sample to be placed in container and sealed and signed by both –
    i.e. OFFICER AND OCCUPIER
    d) Send without delay to environmental laboratories

    – On Service of above notice


    If occupier or agent a) Willfully absents himself
    b) Refuses to sign
    shall sign himself and inform Government Analyst of the said fact

    SEC 12. ENVIRONMENTAL LABORATORIES :


    a) established by Central Government by Notifications in Central
    Gazette – One or More.
    b) Recognize One or More Laboratories as such
    c) Specify its functions
    d) Prescribe procedure and fees for testing samples.
    e) Such other matters.

    SEC 13. Government Analysis


    Recognized as such for purposes of this Act by Central
    Government by Notification.
    SEC 14. Report submitted by Government Analyst to be used as evidence in
    proceeding under the Act

    SEC 15. Penalty for contravention of provision of this act and rules, orders
    and directions:
    – Upto five years of Fine upto five lakhs or both
    – Continuing offence – Rs. 5,000/- per day
    – Beyond one year – upto 7 years

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