Environment Protection Act

MODULE-6 SALIENT FEATURES OF THE ENVIRONMENT PROTECTION ACT : 1986

BACKGROUND : –

United Nations Conference on the Human Environment – Stock Holm, 1972

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Concern for Environment Since 60s

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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

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Need for General Legislation

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To cover matters of Industrial and Environmental safety

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Control Mechanisms to prevent growth of environmental hazards

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To study and plan environmental issues

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Speedy and Adequate response to emergency situations

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Co-ordination of Activities Creation of Authorities Discharges of Environmental pollutants Handling of Hazardous substances Speedy response Deterrant punishment

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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 Interrelationship 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:

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In case of occurrence or apprehension of discharges of environmental pollutant in excess of prescribed standards by persons in charge to concerned authorities.

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To render all assistance

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Authorities to take early measures to prevent or mitigate environmental pollution

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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

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Every person to render all necessary assistance otherwise considered an offence

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Any willfully delay or obstruction by such person an offence

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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

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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

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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

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Continuing offence – Rs. 5,000/- per day

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Beyond one year – upto 7 years