LAW OF ENVIRONMENTAL ASSIGNMENT

Assignment topic:-

“Environment Protection Act,1986”

Submitted to:-
DR. AJAY SIR

Submitted by:-
Rahul
865
LL.B.(4TH SEM.)
Environment Protection Act,1986
Introduction to 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.

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 general
legislation enacted under Article 253 (Legislation for giving
effect to international agreements.

Notwithstanding anything in the foregoing provisions of this

Chapter, Parliament has the 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 bodies) 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.

The United Nations conference on the human environment,

held in Stockholm in June 1972, proclaimed that “Man is both
creator and moulder of his environment, which gives him
physical sustenance and affords him the opportunity for
intellectual, moral, social and spiritual growth.

In the long and tortuous evolution of the human race on this

planet, a stage has reached when through the rapid
acceleration of science and technology man has acquired the
power to transform his environment in countless ways and on
an unprecedented scale. Both aspects of man’s environment,
the natural and man-made are essential to his well being and to
the enjoyment of basic human rights even the right to life
itself”.

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 general legislation had become
increasingly evident. The EPA was enacted so as to overcome
this deficiency.

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

Scope and Applicability

The Environment (Protection) Act is applicable to the whole of

India including Jammu & Kashmir. It came into force on
November 19, 1986.

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:

a. 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;
b. planning and execution of a nation-wide programme for
the prevention, control and abatement of environmental
pollution;
c. laying down standards for the quality of the environment
in its various aspects;
d. 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;
e. 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;
f. laying down procedures and safeguards for the prevention
of accidents which may cause environmental pollution and
remedial measures for such accidents;
g. laying down procedures and safeguards for the handling of
hazardous substances;
h. examination of such manufacturing processes, materials
and substances as are likely to cause environmental
pollution;
i. carrying out and sponsoring investigations and research
relating to problems of environmental pollution;
j. 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;
k. establishment or recognition of environmental
laboratories and institutes to carry out the functions
entrusted to such environmental laboratories and
institutes under this Act;
l. collection and dissemination of information in respect of
matters relating to environmental pollution;
m. preparation of manuals, codes or guides relating to
the prevention, control and abatement of environmental
pollution;
n. 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.

As considerable adverse environmental impact has been caused

due to the 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
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.

Powers of the Court

The Act does not curtail the powers of the Supreme Court. It
has from time to time in various matters issued directions and
orders to control pollution. Some such important cases
pertaining to the protection of the environment are:
 Directions issued to control vehicular pollution

In Mehta v. Union of India (1998) 6 SCC 63, in order to control

the chaotic traffic conditions and vehicular pollution, the
Supreme Court issued the following directions.

a. All commercial/transport vehicles which are more than 20

years old should be phased out and not permitted to ply in
Delhi after October 1998
b. All such commercial /transport vehicles which are 17 to 19
years old (3200) shall not be permitted to ply in the
National Capital Territory, Delhi after 1998;
c. Such of the commercial /transport vehicles which are 15
and 16 years old (4962) shall not be permitted to ply after
December 31, 1998

The Supreme Court made this order applies to all

commercial/transport vehicles whether registered in the
National Capital Territory of Delhi or outside (but ply in Delhi)
which are of more than stipulated age and which do not have
any authority to ply in Delhi.

 Protection of Coastline of India

In Indian Council for Enviro-Legal Action v Union of India (1996

AIR 1446), the Supreme Court in regard to the 600 km long
coastline emphasized that it would be the duty and
responsibility of the coastal states and Union Territories in
which the stretch exists, to see that the notifications issued,
declaring the coastal stretches should be properly and duly
implemented.
Further, the various restrictions on the setting up and
expansion of industries, operation or process, etc. in the
regulation Zone should be strictly enforced.

In the same case, the court enunciated the principle further

that the polluter pays. Once the activity carried on is hazardous
or inherently dangerous, the person carrying on such activity is
liable to make good the loss caused to any other person
irrespective of the fact whether he took reasonable care while
carrying on his activity.

Under this principle, it is not the role of the Government to

meet the costs involved in either prevention of such damage or
in carrying out remedial action, because the effect of this would
be to shift the financial burden of the pollution incident on the
taxpayer. The responsibility of repairing the damage is that of
the offending industry.

 Other cases

In Vellore Citizen Welfare Forum v. Union of India & others

(AIR 1996 SC 2715) the polluter principle as interpreted by the
Supreme Court means that the absolute liability for harm to the
environment extends not only to compensate the victims of
pollution but also the cost of restoring the environmental
degradation.

Remediation of the damaged environment is part of the

process of “Sustainable Development” and as such polluter is
liable to pay the cost to the individual sufferer as well as the
cost of reversing the damaged ecology.
In Goa Foundation v. Diksha Holdings Pvt. Ltd (1999 (2) BomCR
550) the court observed that with a view to protecting the
ecological balance in the coastal areas, notifications having
been issued by the Central Government, there ought not to be
any violation and prohibited activities should not be allowed to
come up within the area declared as CRZ notification.

The court also emphasised that no activities which would

ultimately lead to unscientific and unsustainable development
and ecological destruction should be allowed.

Prevention, Control and Abetment of Environment Pollution

Chapter III of the EPA deals with the 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 safeguards 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 an 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 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.

Penalties

Section 15 provides for Penalties for contravention of the

provisions of the Act as well as the Rules, Orders and
Directions. Whoever fails to comply with or contravenes any of
the provisions, rules, orders or directions of this Act shall be
punishable with imprisonment for a term which may extend to
five years or with fine which may extend to one lakh rupees, or
with both.

In case the failure or contravention continues, with additional

fine which may extend to five thousand rupees for every day
during which such failure or contravention continues.

If the failure or contravention continues beyond a period of one

year after the date of conviction, the offender shall be
punishable with imprisonment for a term which, may extend to
seven years. • Offences by Companies
Offences by Companies are dealt with under Section16. Where
an offence is committed by a company, every person who, at
the time the offence was committed, was directly in charge of
and was responsible to, the company for the conduct of the
business of the company shall be deemed to be guilty of the
offence.

If he proves that the offence was committed without his

knowledge or that he exercised due diligence to prevent the
commission of such offence he shall not be liable to any
punishment.

Where the offence has been committed with the consent or

connivance of or is attributable to any neglect on part of, any
director, manager, secretary or other officers of the company,
such person shall be deemed to be guilty of the offence

 Cognizance of Offences and Bar of Jurisdiction of Civil

Courts

As per the provisions of Section 19 of the EPA, no court shall

take cognizance of any offence under this Act except on a
complaint made by:

a. the central Government or any authority or officer

authorized in this behalf by that Government; or
b. any person who has given notice of not less than 60 days,
of the alleged offence and his intention to make a
complaint, to the Central Government or the authority or
officer, authorized.
Section 22 provides that no civil court shall have jurisdiction to
entertain any suit or proceeding in respect of anything done,
action is taken or order or direction issued by the Central
Government or any other authority or officer in pursuance of
any power conferred under the Act.

The National Environment Appellate Authority

The National Environment Appellate Authority (NEAA) was set

up as an independent body to address cases in which
environmental clearances granted by the ministry of the
environment are challenged by civil society.

On January 30, 1997, the President of India, in the exercise of

the powers conferred under Article 123 (123. Power of
President to promulgate Ordinances during recess of
Parliament.—

(1) If at any time, except when both Houses of Parliament are in

session, the President is satisfied that circumstances exist which
render it necessary for him to take immediate action, he may
promulgate such Ordinances as the circumstances appear to
him to require of the Constitution,

promulgated an Ordinance to provide for the establishment of

the NEAA to hear appeals with respect to restriction of areas in
which any industries, operations and processes shall not be
carried out or shall be carried out subject to the safeguards as
provided under the EPA.
The Ordinance was later on repealed with the enactment of the
National Environment Appellate Authority Act, 1997. The
NEAA Act, which was granted presidential assent on 26th
March 1997 came into force from 9.4.97. This Act provides for
the establishment of a NEAA. The Act was enacted with the
following object:

To hear appeals with respect to restriction of areas in which

any industry, operations or processes or class of industries,
operations or processes shall not be carried out or shall be
carried out subject to certain safeguards under the EPA and for
matters connected therewith or incidental thereto.

This is to bring in transparency in the process, accountability

and to ensure smooth and expeditious implementation of
developmental schemes and projects. Jurisdiction of the Act

Any aggrieved person may file an appeal within thirty days of

passing of an order granting environmental clearance in the
areas in which any industries, operations or processes shall not
be carried out or shall be carried out subject to certain
safeguards under the EPA.

It is further provided that the Authority may entertain an

appeal even after the expiry of the said term if a sufficient
cause for delay in filing such an appeal exists.

The Authority is required to dispose of the appeal within ninety

days from the date of filing of the same. However, the
Authority may, for reasons that are to be recorded in writing,
dispose of the appeal within a further period of thirty days.
(2) An Ordinance promulgated under this article shall have the
same force and effect as an Act of Parliament, but every such
Ordinance—

a. shall be laid before both Houses of Parliament and shall

cease to operate at the expiration of six weeks from the
reassembly of Parliament, or, if before the expiration of
that period resolutions disapproving it are passed by both
Houses, upon the passing of the second of those
resolutions; and
b. may be withdrawn at any time by the President.

Explanation.—Where the Houses of Parliament are summoned

to reassemble on different dates, the period of six weeks shall
be reckoned from the later of those dates for the purposes of
this clause.

(3) If and so far as an Ordinance under this article makes any

provision which Parliament would not under this Constitution
be competent to enact, it shall be void.