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THE ENVIRONMENT (PROTECTION) ACT[1] 1986

Table of Contents

QUESTION BANK

Q.1. What are the salient features of the Environment (Protection) Act. 1986

Q.2. What powers are given to the Central Government under the Environment Act.

Q.3. Write a detailed note on ‘Protection agencies’ for the Environment

Q.4. Write a detailed note on Environment (Protection) Act.1986

I] PROVISION AND PENALTIES UNDER THE ENVIRONMENT (PROTECTION). 1986.

The main object of this Act is to protect and improve the environment and matters connected therewith. This Act was passed to give effect to the decision taken at the United Nations Conference on the Human Environment held in Stockholm in June 1972. The conference was held to take appropriate steps for protecting and improving the human environment. It is further held to prevent hazards to human beings, other living creatures, plants, and property.

II] SALIENT FEATURES OF THE ACT.

The following are the salient feature of the Act-

1) The Environment (Protection) of Act.1986 is a small piece of legislation consisting of 26 sections divided into 4 chapters.

2) The basic aim of the Act is to protect and improve the environment and bring

greater awareness among people.

3) The Act gives ample power to the Central Government to take measures necessary

for protection and improvement of the environment.

4) The Act prescribes punishment to the polluters, even though the Dept. is of Govt.

5) The jurisdiction of the civil court is ousted in relation to the subject matter dealt

within the Environment (Protection) Act.1986.

III] DEFINITIONS (S.2).

(a) Environment [S.2 (a)]:-

The environment includes water, air, and land and the inter-relationship which exist among and between water, air, and land, and human beings other living creatures, plants microorganism, and property.

(b) Environmental Pollutant [S.2 (b)]:-

Environmental pollutant means any solid, liquid, or gaseous substance present in such concentration as may be, or tend to be injurious to the environment.

(c) Environmental Pollution [S.2(c)]:-

It means, “the presence in the environment of any environmental pollutant”.

IV] CENTRAL GOVERNMENT AS A PROTECTION AGENCY OF THE ENVIRONMENT.

Under the Act, the Central Government is empowered to protect the environment, in this way it is a protection agency for the environment. To protect the environment, the Act has conferred some powers in favour of the Central Government, viz.

1) Power of Central Government To Take Measures to Protect and Improve The environment (S.3):-

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 protecting and improving the quality of the environment and preventing, controlling, and abating environmental pollution.

In particulars, and without prejudice to the generality of the provisions of sub-section (1), such measures may include measures concerning to all or any of the following matters, namely: –
Coordination of actions by the State Governments, officers, and other authorities-
Under this Act, or the rules made there under, or
Under any other law for the time being in force which is relatable to the objects of this Act;
Planning and execution of a nationwide program for the prevention, control, and abatement of environmental pollution;
Laying down standards for the quality of the environment in its various aspects;
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 the environmental pollutants from such sources;

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;
Laying down procedures and safeguards for the prevention of accidents that may cause environmental pollution and remedial measures for such accidents;
Laying down procedures and safeguards for the handling of hazardous substances;
Examination of such manufacturing processes, materials, and substances as are likely to cause environmental pollution;
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, order, or such directions to such authorities, officers, or persons as it may consider necessary to take steps for the prevention, control, and abatement of the environmental pollution;
Establishment or recognition of the environmental laboratories and institutes to carry out the functions entrusted to such environmental laboratories and institutes under this Act;
Collection and dissemination of information in respect of matters relating to environmental pollution;
Such other matters as the Central Government deems necessary or expedient for securing the effective implementation of the provisions of this Act.

The Central Government may, if it considers necessary or expedient so to do for 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 S.5 of the Central Government under this Act and for taking measures with respect to such of the matters referred to in Ss. (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 the 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.

2) Appointment of Officers and Their Powers and Functions (S.4):-

Under S.4 the Central Government is empowered to appoint officers for carrying out provisions of the Environment (Protection) Act.1986, however, such officers shall work under the general control of the Central Government.

3) Power to Give Directions (S.5):-

Notwithstanding anything contained in any other law but 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.

Explanation:- For the avoidance of doubts, it is hereby declared that the power to issue directions under this section includes the power to direct-

a) the closure, prohibition, or regulation of any industry, operation, or process; or
b) stopping or regulation of the supply of electricity or water or any other service.

4) Rule Making-Power (S. 6):-

The Central Government may, by notification in the Official Gazette, make rules in respect of all or any of the matters referred to in S. 3. Such rules may be related with-

(i) the standards of quality of air, water, or soil for various areas;

(ii) limit of concentration of various environmental pollutants, including noise;

(iii) the procedure and safeguards for the handling of hazardous substances;

(iv) prohibition on the handling of hazardous substances;

(v) prohibition or regulation on the location of industries.

5) Powers of Entry and Inspection (S. 10):-

Any person empowered by the Central Government on this behalf shall have a right to enter, at all reasonable times with such assistance as he considers necessary, any place for the purpose of performing any of the functions of the Central Government entrusted to him.

6) Power to take Sample and Procedure to be followed in connection therewith

(S. 11):-

The Central Government or any officer empowered by it on this behalf shall have the power to take, for the purpose of analysis, samples of air, water, soil, or other substances from any factory, premises, or any other place in such manner as may be prescribed.

7) To Set Environmental Laboratories (S. 12):-

By the Section, the Central Government is empowered to-

(i) establish one or more environmental laboratories;

(ii) recognize one or more laboratories or institutes as environmental laboratories; and

(iii) make rules thereto.

8) To Appoint Government Analysts (S. 13):-

The Central Government is empowered to appoint or recognize persons to be Government analysts for the purpose of analysis of samples of air, water, soil, or other substances.

V] OTHER PROVISIONS OF THE ACT

1) Persons carrying on industry, operation, etc. not to allow emission or

discharge of the environmental pollutants in excess of the standards (S.7): –

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.

2) Persons handling hazardous substances to comply with procedural

safeguards (S.8):-

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.

3) Penalty for contravention of the provisions of the Act and the rules, orders

and directions (S.15):-

Whoever fails to comply with or contravenes any of the provisions of this Act, or the rules, be punishable with imprisonment up to 5 years or with a fine which may be up to one lakh rupees, or with both, and in case of failure or contravention continues, with additional fine which may extend up to Rs.-5,000/-for every day during which such failure or contravention continues.
If the failure or contravention referred to in sub-section (1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment up to seven years.

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[1] पर्यावरण प्रतिबंध [पर्यावरण (संरक्षण) अधिनियम 1986]