Environment (Protection) Act, 1986

Environment (Protection) Act, 1986 was enacted for the protection and improvement of environment. It extends to whole of India. Here’s a brief synopsis of the Environment Protection Act, 1986:

 

  1. Objective: The primary objective of the Act is to provide for the protection and improvement of the environment. It aims to safeguard the environment and human health from the adverse effects of pollution and other environmental hazards.
  2. Authority and Powers: The Act empowers the central government to take measures to protect and improve the quality of the environment. It grants the government authority to set standards for emissions and discharge of pollutants, regulate industrial processes, and manage hazardous substances. Standards for emission or discharge of environmental pollutants to be adhered as prescribed in Schedule I annexed to The Environment (Protection) Rules, 1986.
  3. Pollution Control Boards: The Act establishes Pollution Control Boards at the central and state levels, known as the Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs). These boards are responsible for implementing and enforcing the provisions of the Act within their jurisdictions.
  4. Regulation of Pollutants: The Act provides for the regulation of various pollutants, including air pollutants, water pollutants, and hazardous substances. It empowers the central government to prescribe standards for the discharge of pollutants into the environment. No individual/organisation to discharge pollutant in excess of the standards.
  5. Environmental Impact Assessment (EIA): The Act introduces the concept of Environmental Impact Assessment, requiring industries and development projects to undergo an assessment of their potential environmental impact before they are approved. This is to ensure that development activities are carried out with due consideration to environmental consequences.
  6. Persons handling hazardous substances to comply with procedural safeguards. – – No person shall handle any hazardous substance except in accordance with such procedure and after complying with such safeguards as may be prescribed.
  7. Furnishing of Information to authorities and agencies in certain cases – If the discharge of environmental pollutant in excess of the prescribed standards occurs or is apprehended to occur due to any accident or other unforeseen act or event, the person in charge of the place at which such discharge occurs or is apprehended to occur shall forth with intimate the fact of such occurrence or apprehension of such occurrence to all the required authorities or agencies. (Rule 12 of The Environment (Protection) Rules, 1986)
  8. Submission of environmental Statement –  Person carrying on an industry, operation or process requiring consent under Section 25 of the Water Act, 1974 or under section 21 of the Air Act, 1981 or both or authorization under the Hazardous Wastes (Management and Handling) Rules, 1989 issued under the Environment (Protection) Act, 1986 shall submit an environmental statement for the FY ending the 31st March in Form V to the concerned State Pollution Control Board on or before the 30th Sep every year. (Rule 14 of The Environment (Protection) Rules, 1986)
  9. Environment clearance – Prior Environment Clearance is a statutory requirement  for project/activities covered in the schedule of the EIA Notification 2006, issued under Section 3 of the Environment (Protection) Act, 1986.
  10. Penalties and Enforcement: The Act includes provisions for penalties, including fines and imprisonment, for contravention of its provisions. It establishes procedures for the prosecution of offenders and the adjudication of environmental offenses.
  11. Public Awareness and Participation: The Act emphasizes the importance of public awareness and participation in environmental protection. It encourages public involvement in decision-making processes related to environmental clearance for projects.
  12. Coordination with Other Laws: The EPA, 1986, is designed to work in harmony with other laws related to the environment. It complements other laws and regulations addressing specific environmental issues.
  13. Amendments: The Act has undergone amendments over the years to address emerging environmental challenges and to strengthen its provisions. These amendments reflect the evolving understanding of environmental issues.

The Environment Protection Act, 1986, serves as a cornerstone for environmental governance in India and plays a crucial role in regulating and managing environmental issues in the country.

Disclaimer: The information contained in this Article is intended solely for personal non-commercial use of the user who accepts full responsibility of its use. The information in the article is general in nature and should not be considered to be legal, tax, accounting, consulting or any other professional advice. We make no representation or warranty of any kind, express or implied regarding the accuracy, adequacy, reliability or completeness of any information on our page/article. 

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