ENVIRONMENTAL PROTECTION ACT, 1986

DONE BY
KANMANI M R
INTERNSHIP UNDER DEPARTMENT OF ENVIRONMENT AND
CLIMATE CHANGE

Guidance under
Thiru Deepak S. Bilgi (IFS)
Director of Department of Environment and Climate Change

Thiru Arun Pandi

Project Associate
● The roots of the enactment of the
EPA lies in the United Nations
Conference on the Human
Environment held at Stockholm

BACK
in June, 1972 (Stockholm
Conference), in which India

GROUND
participated, to take appropriate
steps for the improvement of the
human environment.
● It was enacted under Article 253
of Indian Constitution.
● The Environment (Protection)
Act (EPA) was enacted in 1986
with the objective of providing the
protection and improvement of the
environment.
HISTORY
1984- Bhopal Gas Tragedy

1985- Department of Environment

changed into name Department of
Environment, Forest and Climate
change

1986- Under Article of 253 of Indian

Constitution Environment Protection
Act,1986 was brought into force;
SCHEME OF THE ACT
● The Environment (Protection) Act, 1986 has 26 Sections and it has been
divided into four chapters relating to

i) Preliminary,

ii) General Powers of the Central Government,

iii) Prevention, Control, and Abatement of Environmental Pollution,

iv) Miscellaneous.
ENVIRONMENT
Environmental Protection, 1986 is the first statute
in history of environmental law which has defined
term “Environment” under Section 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.”

Thus it includes animated and in animated, biotic

and abiotic components objects and their inter-
relationship.
ENVIRONMENTAL POLLUTANT
Section 2(b) defines "Environmental pollutant"
as any solid, liquid or gaseous substance present
in such concentration as may be, or tend to be,
injurious to environment.In the following cases
the court has mentioned the substance that may
come under the term “Environmental Pollutant”
1) In Taj Trapezium Case – emission of sulphur di
oxide.

2) Vellore Citizen Case – untreated effluents from

tanneries which changes the physio-chemical
changes of the soil, water.
ENVIRONMENTAL Section 2(c) - "The presence of Environmental

POLLUTION pollutant in the environment is called as

Environmental Pollution.
Sch I of the Environment (Protection) Rule
provides various parameters and standards for
various industrial and other activities numbering
104 which should not exceed the maximum limit
provided by the schedule otherwise it would
amount to environmental pollution.

Example – Sch I Item 89- Noise standard for

firecrackers states manufacture, sale or use of
firecracker generating noise level exceeding 125
dB or 145 dB at 4 meters distance from the point
of bursting shall be prohibited.
HAZARDOUS SUBSTANCE
Section 2(e)- "Hazardous substance" means any
substance or preparation which, by reason of its
chemical or physico-chemical properties or handling, is
liable to cause harm to human beings, other living
creatures, plant, micro-organism, property or the
environment”

● M.P. SEB V Collector AIR 2003 MP 156.

This case posts the question that “Whether
electricity is a “Hazardous Substances? ”. It
was held that electricity is a hazardous
substance.
GENERAL POWER Section 3 - For the purpose of the protection and
OF CENTRAL improvement of the quality of environment the
central government has given the power to take
GOVERNMENT valid and appropriate measures and steps.

Some of these measures include:

1. To coordinate actions among state

governments, officers, and other
authorities.
2. To plan and execute nationwide programs.
3. To lay down standards for the quality of
different aspects of the environment.
4. To lay down the standards for emission or
discharge of pollutants.
5. To restrict the operation of certain
industries, processes, or operations in
specific areas.
6. To lay down procedures and safeguards for
the prevention of pollution-causing
accidents and take remedial measures.
Cont…

7 To lay down procedures and safeguards for the handling of hazardous substances.
In Research Foundation for Science v UOI (2007) 8 SCC 583, the SC has directed the
government to formulate a comprehensive code incorporating the recommendations of
expert committee constituted by SC for the ship breaking industry.
8. To examine the manufacturing processes, materials, and substances that are capable
of causing pollution.
9. To carry out and sponsor investigations and research on the issues related to
pollution.
10. To inspect the premises, plant, equipment, machinery, manufacturing, or other
processes, materials, or substances.
11. To establish or recognise environmental laboratories and institutes.
Cont….
12. To collect and disseminate information on pollution matters.

13. To prepare codes, manuals, or guides related to the prevention, control, and abatement
of environmental pollution.

14. Such other matters as the government deem necessary or expedient.

M.C Mehta v UOI (1992) – SC directed the Central Gov. to take adequate
measures to make people aware about the protection of the environment,
keeping the citizen informed is an obligation of the Government.
POWER TO APPOINT OFFICERS

Section 4 (1) authorizes the Central Government to appoint officers with such
designations, powers, and functions as it thinks fit.

Under Section 4(2) The officers appointed shall be under the control and direction of
the government or any authority empowered by it.
Example – appointment of various officers at Central and State Pollution Control Boards.
POWERS TO GIVE DIRECTION

Section 5 of the Act empowers the Central Government to issue directions to

any person/officer/authority appointed under section 4 of the Act.
1. Such direction shall be in writing.
2. Such person or officer shall be bound to comply with such direction.
3. Such direction shall include the power to issue directions regarding –

● The closure, prohibition or regulation of any industry, operation or process

● Stoppage and regulation of supply of electricity or water or any service.
RULES TO REGULATE
ENVIRONMENTAL Section 6 of the Act lays down the rules to regulate

POLLUTION environmental pollution. The Central Government has also

been authorised to frame rules on the matters mentioned in
Section 3 of this Act. Some of these matters include:

1. The standards of quality of air, water, or soil.

2. The maximum allowable limits of environmental
pollutants (including noise).
3. The procedures and safeguards for the handling of
hazardous substances.
4. The prohibition and restrictions on the handling of
hazardous substances.
5. The prohibition and restrictions on the location of
industries, operations, and processes.
6. The procedures and safeguards for the prevention
of accidents likely to cause pollution and provide for
remedial measures for such accidents.
PREVENTION,CONTROL, AND ABATEMENT OF
ENVIRONMENTAL POLLUTION
According to Section 7, it is prohibited for any
person to discharge or emit any environmental
pollutant in excess of the prescribed standards from
any industry, operation, or process.
Section 8 lays down that all the persons handling any
hazardous substances shall do so by complying with
all the procedures and safeguards as may be
prescribed.

Sec 9 makes it obligatory to furnish information to the

authority about:
1) The discharge of environment pollutants in excess
of the prescribed standards.
2) Apprehension of such occurrence due to accident,
or occurrence of some unforeseen event.
Cont..
Section 10: Powers of entry and Inspection allows any person appointed by the
central government the right to enter, within reasonable hours, at any place to-

1. inspect
2. perform the duties entrusted to him/her.
3. examine and test any equipment, industrial plan, record, register or document.
Section 11 empowers that person to take sample and procedure to be followed for taking
sample.
ENVIRONMENTAL LABORATORIES

Section 12 provides for establishing environmental laboratories by the

Central Government, and appointment and recognition of government
analysts has been mentioned under Section 13 of the Act.

Rule 9 of the EPA provides function of the laboratory:

● To evolve standardised methods for sampling

and analysis of various types of environmental
pollution.
● To analyse samples sent by the Central
Government or the officers.
● To carry out such investigation as may be
directed by the Central Government.
● To carry out such other functions as may be
entrusted to it by the Central Government.
GOVERNMENT
ANALYST According to Section 14, The central government by
notification appoint such persons having the prescribed
qualifications to be Government Analysts for the
purpose of analysis of samples of air, water, soil
Rule 10 of EPA provides for the qualification of the
Government Analyst:

● Graduate in science from a recognised university

with five years experience in a laboratory
engaged in environmental investigations, testing
or analysis.
● Post-graduate in science or a graduate in
engineering or a graduate in medicine or
equivalent with two years experience in a
laboratory engaged in environmental
investigations, testing or analysis.
PENALTIES AND PUNISHMENT
Section 15 outlines the penalties of non-compliance:

1. The penalty for the contravention under this Act is

imprisonment of 5 years, or fine of Rs. 1 lakh or both.
2. Failure to comply with this punishment will result in a
further penalty of 5000/- per day, followed by an extended
imprisonment of 7 years.
3. If the offence is committed by a company, the company as
well as the director, officer in charge and any other relevant
personnel is liable to be held guilty under this Act. (Section
16)
4. If the offence is conducted by a government department, the
HOD and any other relevant officer shall be held guilty. The
HOD can be exempted if he/she can prove that the offence
took place without their knowledge, or if they can prove that
they did their utmost to prevent the offence. (Section 17)
5. The section also states that a case/prosecution cannot be
MISCELLANEOUS PROVISIONS
Section 19 authorises only the Government/authority/officer so authorised to file the
complaint under the Act.

Section 19 is to be read with Sec 15 of the Act.

● No private person can file Complain under this Act unless he gives a notice of 60
days for the alleged offence to the Central Government/authority/officer so
authorised. Such notice shall be given in prescribed manner.

● If the complaint is filed by a person other than the person mentioned above, the
Court will refuse to take cognizance of the complaint.
JURISDICTION

Section 22 means that only

criminal court can take
cognizance of the violation/non-
compliance/contravention of the
provisions of the Act or the Rules
made thereunder.
EFFECTS OF OTHER LAWS
● Section 24 makes it clear that the provision of the Act and rules
thereunder have overriding effect on any already existing enactment.

● Clause 2 clarifies that if an act or omission constitutes an offence

punishable under this Act and this act is also punishable under other
Act he shall be punished under the other law not under EPA.
THANKYOU