Environmental Protection

Act,1986
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ENVIRONMENT

• ENVIRONMENT It is derived from the French

word “Environner” which means to encircle or
surround.
• All the biological and nonbiological entities
surrounding us included in environment.
• It includes all the physical and biological
surrounding of organism along with their
interaction.
Environment
• Environment may refer to a small localised
area in which a specific problem is to be
addressed.
• Or
• It may take a global dimensions on the other
hand.
• Global Environment is categorised as
• Atmosphere , Hydrosphere and lithosphere
Atmosphere
• It can be define as blanket of gases and suspended liquids
and solids that entirely envelops the earth.
• Without the atmosphere life would be impossible which
contain oxygen and carbon dioxide.
• Further without atmosphere there would be no clouds,
winds or storms and hence no weather.
• It acts as a great canopy to protect the earths surface from
full range of solar effects by day to prevent excessive loss of
heat by night.
• Thus it helps in maintaining habitable temperature on the
planet by controlling heat balance of the earth.
Ecosystem
• Ecosystem a word coined by british plant ecologist, [Link] Tensley.
• It is a self sustaining structural and functional unit of biosphere.
• Types of ecosystem; There are two types of ecosystem
• Natural-operate by themselves by natural conditions without
interference of man.
• Based on habitat it is divided into
• Terrestrial-forest,grass land, desert and hill side.
• Aquatic-fresh water & marine.
• Artificial-made by human beings like cropland, garden,
aquarium,industries,malls,urbanization etc. Which result to
environmental degradation ,environmental desertification and
deforestation.
• This results to environmental pollution.
Why Environment protection ?
• Environmental protection is a practice of
protecting the environment, on individual,
organizational or governmental levels, for the
benefit of the natural environment and (or)
humans.
• • Protection of the environment is needed
due to various human activities mainly made
by Man.
Loss of biodiversity
• Bio - diversity involves three tropical concepts namely genetic diversity and
species diversity, habitat biodiversity has been on an increase it means these is a
decrease is the number of species this has increased the rate of extinction of
species. This is called as loss of bio - diversity.

• Responsible;-it is the man - made conditions which have led to a severe loss of bio -
diversity .

• A loss of bio - diversity is created by factors such as the type of land, the type of
environment and most importantly the type of human activities .

• The man - made activities have exploited the a biotic components of the
environment and have led to a deterioration both in quality and quantity of the a
biotic components. This inters has affected the biotic components namely plants
and animals who are dependent for their survival on the a biotic components.
Hence the result is loss of bio — diversity.
Environmental Pollution
• Undesirable change in the physical, chemical and
biological characteristics of air, land and water is called
environmental pollution.
• The agents or substances that can cause such changes in
the environment are called pollutants.
• Classification-Biodegradable-which breaks down by the
activity of microorganism and enter into bio geological
cycle.
• Nonbiodegradable-which do not break down into
simpler & harmless products such as pesticides, heavy
metals.
pollution
• The major sources of pollution are
• (a) Natural sources (b) Manmade sources!

• (a) Natural Sources of Pollution:

• (a) Volcanic eruptions release gases and volcanic ash.
• (b) Forest fires produce smoke and trace gases.
• (c) Dust storms increase the windblown dust into the
environment.
• (d) Bacteria, spores, cysts and pollens are all natural pollutants.
• (e) Decay of organic matter in marshy places releases marsh gas
(methane— CH4) which is a light colourless inflammable
hydrocarbon.
pollution
• (b) Man-made Sources of Pollution:
• Manmade sources cover a wide spectrum of types as man has
aggravated the problem of pollution by his innumerable activities like:
• (a) Industrialisation
• (b) Invention of automobiles
• (c) Over population
• (d) Deforestation: Destruction of natural habitat
• (e) Nuclear explosions
• (f) Over-exploitation of natural resources
• (g) Construction of buildings, roads and dams
• (h) Explosives used in wars
• (i) Use of fertilisers and pesticides
• (j) Quarrying and mining
Ozone layer its depletion
Green house gases
Acid rain
Illustration of the chemical reaction that takes place in the
ocean with the addition of carbon in global warming
Ocean chemical reaction
Historical development of Act-1986
• An Act to provide for the protection and improvement of environment.
• • Whereas the decisions were taken at the United Nations Conference on
the Human Environment held at Stockholm in June, 1972, in which India
participated then late Prime Minister Indira Gandhi, to take appropriate
steps for the protection and improvement of human environment
•
The Department of Environment was established in India in 1980.

• This later became the Ministry of Environment and Forests in 1985 .

• The EPA (Environment Protection Act), 1986 came into force soon after
the Bhopal Gas Tragedy,during Rajiv Gandhi was the Prime Minister of
our country
Historical development of Act-1986
• It is passed in March 1986 and came into force
on 19 Nov. 1986.
• It is the duty of the state to ‘protect and
improve the environment and to safeguard
the forests and wildlife of the country’.
Thereafter a large number of laws came into
existence as the problems began arising, or
example, Handling and Management of
Hazardous Waste Rules in 1989.
Requirement of act-1986
•
Increasing the no. of industries in rural areas.
Lack of facility of disposal of harmful gases from
the industries.
• Lack of methods for disposal of waste
materials/chemicals/heavy metals.
• Lack of methods for treatment of harmful water.
• Lack of suitable methods for safety ,prevention
and hazards of persons.
OBJECTIVES:

• (1) Manage the use, development and protection of the environment in a

way that will enable people for their economic, social and physical well
being and for their health and safety.

• (2) Safeguarding the life-supporting capacity of air, water, land.

• (3) Avoiding, remedying any adverse effects of activities on the environment

• (4)To prevent, reduce, minimize and, where practicable, eliminate harm to

the environment.
OBJECTIVES:
• (5) To ensure that all reasonable and practicable
measures are taken to protect, restore and enhance the
quality of the environment.
• 6) To promote industry and community education and
involvement in decisions about the protection,
restoration and enhancement of the environment.
• (7)To co-ordinate activities, policies and programmes
necessary to prevent, reduce, minimize or eliminate
environmental harm and ensure effective environmental
protection, restoration and Enhancement.
SCHEME OF THE ACT
• (A) The Environment (Protection) Act, 1986 has 26 Sections and it has
been divided into four chapters relating to-
• Chapter I – Secs. 1 and 2 ( Preliminary)
• Chapter II – Secs. 3 to 6 ( General Powers Of The Central Government)
• Chapter III – Secs. 7 to 17 ( Prevention, control, And Abatement Of
Environmental Pollution)
• Chapter IV – Secs. 18 to 26 ( Miscellaneous).
• (B) Seven Schedules dealing with emission standards of air, noise,
effluents etc. have been appended to the Act.
• (C) Various Rules Including Environment (Protection) Rules have been
framed under the Act
PRELIMINARY
• Short title , Extent and Commencement: The Environment Protection
Act (1986) Enacted under article 253 of the Indian constitution.
• To protect and improve environmental quality, control and reduce
pollution from all sources.
•
(1) This Act may be called the Environment (Protection) Act, 1986.
•
• (2) It extends to the whole of India.

• (3) It shall come into force on such date as the Central Government may,
by notification in the Official Gazette, appoint and different dates may be
appointed for different provisions of this Act and for different areas.
IMPORTANT TERMS USE IN ACT-1986

• ENVIRONMENT Definition :-
• According to (sec.2a):- “Environment it includes water, air and land and the
inter relationship which exists between water, air and land and human being,
other living creatures, plants, micro organisms and property”.
•
Environmental Pollutant
• According to [Section 2(b)]: Definition- Environmental Pollutant means any
solid, liquid or gaseous substance present in such concentration as may be, or
tend to be, injurious to environment.

• Environment pollution
• According to(sec.2c):- Definition- It means the presence of any environmental
pollutant in the environment. It includes all extraneous (forging) materials that
are harmful to human being ,animals and plants life. .
IMPORTANT TERMS USE IN ACT-1986
• Handling:
• Handling According to Section 2(d)- Definition- Handling, in relation to any
substance, means the manufacture, process, treatment, destruction,
conversion, offering for sale, transfer, or the like of such substance.
Hazardous Substance:
• Hazardous Substance According to Section 2(e)- Definition- Hazardous
substance means any substance or preparation which, by reason of its
chemical or physicochemical properties or handling, is likely to cause harm to
human beings, other living creatures, plants, microorganisms, property, or the
environment.
• Occupier:
• Occupier According to Section 2(f)- Definition- Occupier in relation to any
factory or premises means a person who has control over the affairs of the
factory or premises and includes, in relation to any substance, the person in
possession of the substance .
General Powers of the Central
Government
To take all necessary measures for prevention,
control and abatement of environmental pollution.
Sec. 3(1) Such measures are enlisted
in sec. 3(2) Authorities can be constituted
. Sec. 3(3) Appointment of Officers.
Sec. 4 to issue Directions and orders.
Sec. 5 To make Rules.
Sec. 6 General Powers of the Central Government
• Section-3 POWER OF CENTRAL GOVERNMENT
TO TAKE MEASURES TO PROTECT AND
IMPROVE ENVIRONMENT
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(1) Subject to the provisions of this 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.
2) In particular, and without prejudice to the
generality of the provisions of sub-section (1), such
measures may include measures with respect to all
or any of the following matters, namely:
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•
(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.

• (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.
Point source Industry-
Water Air pollution
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• (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 .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.
•
(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.
Noise pollution
• The pollution cause due to noise is called noise pollution. Any unwanted
sound is called noise. Noise pollution or noise disturbance is the disturbing
or excessive noise that may harm the activity or balance of human or
animal life.
• Sources=;
• Outdoor noise worldwide is mainly caused by machines and
transportation systems, motor vehicles, aircraft, and trains.
• Outdoor noise is summarized by the word environmental noise.
• Indoor noise can be caused by machines, building activities, and music
performances, especially in some workplaces.
• Noise-induced hearing loss can be caused by outside (e.g. trains) or inside
(e.g. music) noise.
• Noise pollution can causehypertension, high stress levels, tinnitus, hearing
loss, sleep disturbances, and other harmful effects.
Control of noise pollution(schedule(see rule3(1)
and 4(1)
• Ambient air quality standards for noise
Area code Category of area Limits inDay time Night time
dB(A) Leq.
A Industrial area 75 70
B Commercial area 65 55
C Residential area 55 45
D Silence zone 50 40
Note
• [Link] time is reckoned between 6am to 9pm.
• [Link] time is reckoned between 9pm to 6am.
• [Link] zone is defined as areas up to 100m around
such premises as hospitals, residence,educational
institutions & [Link] silence zones are to be declared
by the competent [Link] of vehicle horns,
loudspeakers and bursting of crackers shall be banned in
these zones.
• [Link] category of areas may be declared as one of the
four above mentioned categories by the competent
authority and corresponding standards will apply.
Noise pollution(regulation & control)
Rules2000
• Framed in order to exercise of the powers
conferred by clause(ii) of subsection(2) of
section 3, subsection(1) and clause (b) of
subsection(2)of section 6 and section 25 of
the environment(protection) Act,1986(29 of
1986) read with rule 5 of the env.(protection)
Rule,1986.
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• Authority’ means any authority or officer authorised by the central/state gov. And
includes a DM, police commissioner, or any other officer designated for this purpose.
• Sec.5-restrictions on the use of loud speakers/public address system.
• A loud speaker or a public address system shall not be used at night(between
10.00pm to 6.00am.) except in closed premises for communication within
[Link],conference rooms, community halls and banquet halls.
• Sec.7-complaints to be made to the authority-
• 1.a person may, if the noise level exceeds the ambient noise stds. By 10dB(A) or more
given in the corresponding columns against any area/zone , make a complaint to the
authority.

• [Link] authority should act on the complaint and take action against the violator in
accordance with the provisions of these rules and any other law in force.
• Sec.8-Power to prohibit etc. Continuance of music sound or noise.
• Authority is satisfied from the report of an officer incharge of a police station then can
prohibit.
Sec. 4 – Appointment of Officers and their powers and
functions:

• (1)Without prejudice to the provisions of sub-section (3)

of section 3, the Central Government may appoint officers
with such designation as it thinks fit for the purposes of
this Act and may entrust to them such of the powers and
functions under this Act as it may deem fit.
• (2) The officers appointed under sub-section (1) shall be
subject to the general control and direction of the Central
Government or, if so directed by that Government, also of
the authority or authorities, if any, constituted under sub-
section (3) of section 3 or of any other authority or officer.
Sec. 5 –
• Power of Central Government to Give
Directions- subject to the provisions of this
Act, the Central Government may , in the
exercise of its powers and performance of its
functions under this Act, issue directions in
writing to any person, officer or any authority
and such person, officer or authority shall be
bound to comply with such directions.
Sec. 6
– Power of the Central Govt. to Make Rules –
(1) The Central Government may, by notification in the Official
Gazette, make rules in respect of all or any of the matters
referred to in section 3.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the
following matters, namely:-
(a) the standards of quality of air, water or soil for various areas
and purposes.
(b) the maximum allowable limits of concentration of various
environmental pollutants (including noise) for different areas .
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• (c) the procedures and safeguards for the
handling of hazardous substances .
• (d) the prohibition and restrictions on the
handling of hazardous substances in different
areas.
• (e) the prohibition and restriction on the
location of industries and the carrying on
process and operations in different areas.
sections
• Prevention, Control and Abatement of Environmental Pollution-
Prohibition for emission and discharge of environmental pollutant --
sec. 7
• Comply with procedural safeguards while handling hazardous
substances – sec. 8
• Requirement of furnishing information to the Authorities – sec. 9
• Power of central govt. to entry and inspection – sec. 10
• Procedures prescribed for taking samples – sec. 11
• Establishment environmental laboratories –Sec. 12
• appoint government analysts -- Sec. 13
• Report of the government analyst may be used as evidence -- Sec. 14
• Punishiative measures – sec. 15
Section-10,11
• Sec. 10 – Power of entry and inspection Subject to the
provisions of this section, any person empowered by
the Central Government , shall have a right to enter
and inspected at all reasonable time in any industries.
• Sec. 11 – Procedure for Taking Samples any officer
empowered by central government ,shall have power
to take samples for the purpose of analysis, samples
of air, water, soil or other substance from any factory,
premises or other place in such manner as may be
prescribed.
Sub-section(4)
• Subject to the provisions of sub-section (4), the person taking the
sample under sub-section (1) shall—
• (a) serve on the occupier or his agent or person in charge of the
place, a notice, then and there, in such form as may be prescribed, of
his intention to have it so analysed;
• (b) in the presence of the occupier of his agent or person, collect a
sample for analysis;
• (c) cause the sample to be placed in a container or containers which
shall be marked and sealed and shall also be signed both by the
person taking the sample and the occupier or his agent or person;
• (d) send without delay, the container or the containers to the
laboratory established or recognised by the Central Government
under section 12.
Section-12,13,14,15
Sec. 12-empowers the central government to establish environmental laboratories.
Sec. 13 -of the Act empowers the central government to appoint government
analysts
Sec. 14- provides that the report of the government analyst may be used as
evidence.

Sec. 15 of the Act provides for penalties- It provides that any person who fails to
comply or contravenes any of the provisions of the Act, or the rules made or orders
or directions issued under the act or rules, then for such failure or contravention, he
shall be punishable:-

With imprisonment for a term which may extend to 5 years, With fine which may
extend to one lakh rupees, With both.
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• In case the failure or contravention continues after the
conviction for first failure or contravention, an additional
fine which may extend to five thousand for every day
can be imposed for a period during which failure or
contravention continues.

• If the failure or contravention continues beyond a period

of one year after conviction, the offender shall be
punishable with imprisonment for a term which may
extend to seven years.
Section-16
Sec.16 – offences by companies EPA incorporates the principle of
“vicarious liability” of the person incharge , Director, Manager,
Secretary or other officer, for the offence if committed by the
company.
When any offence is committed by the company then the
company as well as the person directly in charge of and
responsible for the conduct of the business of the company shall
be deemed to be liable to punishment.
The person in charge of responsible for the conduct of business of
the company is no held liable if he proves: That the offence was
committed without his knowledge That he exercised all due
diligence/ care to prevent the commission of such offence.
Section-17
• Sec. 17 – offences by govt. departments
Provides for offences committed by govt.
departments Sec. 16(1) – Head of the
department shall be deemed to be guilty.
• Sec. 16(2) – attributes liability to other officers
responsible for commission of offences.
Chapter iv– Miscellaneous provisions
• Sec.18. Protection of action taken in good faith
• Sec.19. Cognizance of offences
• Sec.20. Information, reports or returns
• Sec.21. Members, officers and employees of the authority
constituted under section 3 to be public servants
• Sec.22. Bar of jurisdiction.
•
Sec.23. Powers to delegate
• Sec.24. Effect of other laws
• Sec.25. Power to make rules
• Sec.26. Rules made under this act to be laid before parliament
If we think right now we can minimize the
pollution
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