The Environment Protection Act, 1986, is a significant piece of legislation in India aimed at safeguarding and improving the environment.
Enacted by the Indian Parliament in response to the decisions made at the United Nations Conference on the Human Environment held in Stockholm in June 1972, the Act provides a comprehensive framework for the protection and improvement of the environment and the prevention of hazards to human beings, other living creatures, plants, and property.
Chapter I: Preliminary
Section 1: Short Title, Extent, and Commencement
This Act is known as the Environment (Protection) Act, of 1986. It extends to the entire country of India and came into force on 19th November 1986, as notified by the Central Government in the Official Gazette.
Section 2: Definitions
This section defines various terms used in the Act:
- Environment: Includes water, air, land, and the interrelationship among and between them, and human beings, other living creatures, plants, microorganisms, and property.
- Environmental Pollutant: Any solid, liquid, or gaseous substance present in a concentration that may be harmful to the environment.
- Environmental Pollution: The presence of an environmental pollutant in the environment.
- Handling: Refers to the manufacture, processing, treatment, packaging, storage, transportation, use, collection, destruction, conversion, offering for sale, transfer, or the like of any substance.
- Hazardous Substance: Any substance or preparation which, by its chemical or physico-chemical properties or handling, can cause harm to human beings, other living creatures, plants, microorganisms, property, or the environment.
- Occupier: A person who has control over the affairs of a factory or premises, including the person in possession of any substance.
- Prescribed: As prescribed by rules made under this Act.
Chapter II: General Powers of the Central Government
Section 3: Power of Central Government to Take Measures to Protect and Improve Environment
The Central Government has the power to take necessary measures for protecting and improving the quality of the environment and preventing, controlling, and abating environmental pollution. This includes:
- Coordinating actions by various authorities.
- Planning and executing nationwide programs for environmental pollution control.
- Laying down standards for environmental quality and pollutant emissions.
- Restricting certain industrial operations in specific areas.
- Implementing procedures and safeguards to prevent accidents that cause environmental pollution.
- Handling hazardous substances and examining manufacturing processes to identify potential environmental risks.
- Conducting and sponsoring research on environmental pollution.
- Inspecting premises and issuing directions for pollution control.
- Establishing environmental laboratories and institutes.
- Collecting and disseminating information on environmental pollution.
- Preparing manuals, codes, or guides for pollution prevention and control.
- Any other measures necessary for effective implementation of the Act.
- Section 4: Appointment of Officers and Their Powers and Functions
The Central Government may appoint officers and entrust them with powers and functions under the Act. These officers are subject to the general control and direction of the Central Government or any authority it designates.
Section 5: Power to Give Directions
The Central Government can issue written directions to any person, officer, or authority for the closure, prohibition, or regulation of any industry, operation, or process, or the stoppage or regulation of electricity, water, or other services.
Section 6: Rules to Regulate Environmental Pollution
The Central Government can make rules to regulate environmental pollution, including:
- Standards of quality for air, water, or soil.
- Maximum allowable limits of pollutant concentrations.
- Procedures for handling hazardous substances.
- Standards for emission or discharge of pollutants.
- Restrictions on industrial operations in certain areas.
- Safeguards for accident prevention and remedial measures.
- Procedures for sampling and analyzing pollutants.
- Establishment of environmental laboratories and recognition of government analysts.
Chapter III: Prevention, Control, and Abatement of Environmental Pollution
Section 7: Persons Carrying on Industry Operation, etc., not to Allow Emission or Discharge of Environmental Pollutants in Excess of the Standards
No person operating an industry, operation, or process should emit or discharge environmental pollutants beyond the prescribed standards.
Section 8: Handling of Hazardous Substances
Handling of hazardous substances must be carried out as per the prescribed procedures and safeguards.
Section 9: Furnishing of Information to Authorities and Agencies in Certain Cases
In case of an accident or other unforeseen event leading to the discharge of pollutants, the person in charge must inform the relevant authorities and agencies immediately.
Section 10: Powers of Entry and Inspection
Authorized officers have the power to enter and inspect any premises, plant, or equipment to ensure compliance with the Act.
Section 11: Power to Take Sample and Procedure to be Followed in Connection Therewith
Authorized officers can take samples of air, water, soil, or other substances from any premises for analysis. The procedure for sampling and analysis is prescribed by the Act.
Section 12: Environmental Laboratories
The Central Government can establish environmental laboratories to conduct analysis and testing of samples related to environmental pollution.
Section 13: Government Analysts
The Central Government can appoint government analysts to carry out analysis of samples and provide reports on environmental pollution.
Section 14: Reports of Government Analysts
Reports prepared by government analysts are considered valid evidence of the facts stated therein and are admissible in legal proceedings.
Section 15: Penalty for Contravention of the Provisions of the Act and the Rules, Orders, and Directions
Any person who contravenes the provisions of the Act, rules, orders, or directions can be penalized with imprisonment, fines, or both.
Section 16: Offences by Companies
If an offence is committed by a company, every person in charge of and responsible for the conduct of the business at the time of the offence is considered guilty unless they prove the offence was committed without their knowledge or they exercised due diligence to prevent it.
Section 17: Offences by Government Departments
If a government department commits an offence under the Act, the head of the department is considered guilty unless they prove the offence was committed without their knowledge or they exercised due diligence to prevent it.
Chapter IV: Miscellaneous
Section 18: Protection of Action Taken in Good Faith
No legal action can be taken against individuals acting in good faith under the provisions of the Act.
Section 19: Cognizance of Offences
Courts can take cognizance of offences under the Act only if a complaint is made by the Central Government, a State Government, or an authorized person.
Section 20: Information, Reports, or Returns
The Central Government can require any person, officer, or authority to furnish information, reports, or returns on environmental pollution.
Section 21: Members, Officers, and Employees of the Authority Constituted Under Section 3
Members, officers, and employees of authorities constituted under Section 3 are considered public servants.
Section 22: Bar of Jurisdiction
Civil courts do not have jurisdiction over any action taken or to be taken under the Act.
Section 23: Power to Delegate
The Central Government can delegate its powers and functions under the Act to any officer, authority, or person.
Section 24: Effect of Other Laws
The provisions of this Act have effect notwithstanding anything inconsistent in any other law.
Section 25: Power to Make Rules
The Central Government has the power to make rules to carry out the provisions of the Act.
Conclusion
The Environment Protection Act, 1986, is a comprehensive legal framework designed to address various environmental issues in India.
The Act empowers the Central Government with wide-ranging powers to take necessary measures for protecting and improving environmental quality.
It lays down the procedures for the prevention, control, and abatement of environmental pollution, establishing the legal obligations for individuals and industries to adhere to prescribed environmental standards.
By providing for the establishment of environmental laboratories and the appointment of government analysts, the Act ensures that scientific methods are employed in monitoring and controlling pollution.
The penalties for contravention of the Act’s provisions are stringent, reflecting the seriousness with which environmental protection is regarded.
Furthermore, the Act facilitates coordination between various government authorities and provides for the involvement of local authorities and communities in environmental protection initiatives.
The delegation of powers, the protection of actions taken in good faith, and the provision for public reporting and transparency underscore the Act’s commitment to robust environmental governance.
The Environment Protection Act, of 1986, thus serves as a cornerstone of India’s environmental policy, promoting sustainable development and the welfare of current and future generations.