<–2/”>a >The Environment Protection Act is an important legislation that provides for coordination of activities of the various regulatory agencies, creation of authorities with adequate powers for environmental protection, regulation of the discharge of environmental pollutants, handling of hazardous substances, etc. The Act provided an opportunity to extend legal protection to non-forest habitats (‘Ecologically Sensitive Areas’) such as grasslands, wetlands and coastal zones.The Environment (Protection) Act was enacted in 1986 with the objective of providing for the protection and improvement of the environment. It empowers the Central Government to establish authorities charged with the mandate of preventing environmental pollution in all its forms and to tackle specific environmental problems that are peculiar to different parts of the country.
The Environment Protection Act is an umbrella legislation that consolidated the provisions of the Water (Prevention and Control of Pollution) Act of 1974 and the Air (Prevention and Control of Pollution) Act of 1981. Within this framework of the legislations, the government established Pollution Control Boards (PCBs) in order to prevent, control, and abate environmental pollution.
Under the EPA, Environmental Impact Assessment (EIA) Notification was introduced in 1994, it was modified in 2006 and the latest amendment was in 2009. Under the EIA it has become mandatory to seek environmental clearance for several activities and industries with the involvement of the public as per procedure.
Main Features of The Environment Protection Act are:-
i) Co-ordination of actions by the State Governments, officers and other authorities
ii) Planning and execution of a nation-wide programme for the prevention, control and abatement of environmental pollution.
iii) Laying down standards for the quantity of environment in its various aspects.
iv) 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 lr discharge of environmental pollutants from such 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.
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.
x) 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.
xi) Establishment or recognition of environmental laboratories and institutes to carry out the functions entrusted to such environmental laboratories and institutes under this Act.
xii) Collection and dissemination of information in respect of matters relating to environmental pollution.
xiii) Preparation of manuals, codes or guides relating to the prevention, control and abatement of environmental pollution.,
The Environment (Protection) Act (1986) is an act of the Parliament of India enacted to provide for the protection and improvement of the environment and for matters connected therewith or incidental thereto.
The Act provides for the establishment of the Central Pollution Control Board and State Pollution Control Boards, and for the appointment of officers to carry out the provisions of the Act. The Act also provides for the imposition of penalties for contravention of its provisions.
The Act has been amended several times since its enactment. The most recent amendment was in 2019.
The following are the sub topics of the Environment (Protection) Act (1986):
- Definitions
- Establishment of Central Pollution Control Board and State Pollution Control Boards
- Appointment of officers
- Functions of the Central Pollution Control Board and State Pollution Control Boards
- Power to give directions
- Power to inspect
- Power to take samples
- Power to enter premises
- Power to seize and detain
- Power to prosecute
- Power to make rules
- Power to make regulations
- Power to delegate powers
- Offences and penalties
- Protection of action taken in good faith
- Saving
- Repeal and saving
- Power to remove difficulties
- Short title, commencement and extent
Definitions
In this Act, unless the context otherwise requires,–
(a) “air pollutant” means any solid, liquid or gaseous substance (including noise) in the air in such concentration as may be or tend to be injurious to human Health or to Plants or animals or to the environment;
(b) “Board” means the Central Pollution Control Board or the State Pollution Control Board, as the case may be;
(c) “chemicals” means any substance or mixture of substances, whether in solid or liquid or gaseous form or in any other form, which is manufactured, processed, used, handled, stored, transported, disposed of or otherwise brought into contact with the environment;
(d) “environment” includes water, air, land, Flora and Fauna and the interrelationship which exists among and between them;
(e) “environment pollutant” means any solid, liquid or gaseous substance (including noise) in such concentration as may be or tend to be injurious to human health or to plants or animals or to the environment;
(f) “hazardous substance” means any substance or mixture of substances which, by reason of its chemical or physical properties or handling, is liable to cause substantial harm to human health or to the environment;
(g) “occupier” in relation to any premises, means any person who has control over the premises, whether on his own account or as the agent or trustee of another person;
(h) “person” includes any individual, firm, company, corporation, authority, body corporate, Government, local authority or any association of individuals or body of individuals;
(i) “pollutant” means any solid, liquid or gaseous substance (including noise) in such concentration as may be or tend to be injurious to human health or to plants or animals or to the environment;
(j) “prescribed” means prescribed by rules made under this Act;
(k) “State Board” means the State Pollution Control Board constituted under section 3;
(l) “waste” means any solid, liquid or gaseous substance which is not a raw material and which is produced as a result of any process of production or manufacturing or any form of development or exploitation of natural Resources;
(m) “water pollutant” means any solid, liquid or gaseous substance (including noise) in such concentration as may be or tend to be injurious to human health or to plants or animals or to the environment;
(n) “workplace” means any premises or place where any industrial process is carried on or where any hazardous substance is used, handled or stored.
Establishment of Central Pollution Control Board and State Pollution Control Boards
(1) The Central Government shall, by notification, establish a body to be called the Central Pollution Control Board.
(2) The State Government shall, by notification, establish a body to be called the State Pollution Control Board for the State.
(3) The Central Pollution Control Board and the State Pollution Control Boards shall be bodies corporate having perpetual SUCCESSION and a common seal, and shall by the said names sue and be sued.
(4) The head office of the Central Pollution Control Board shall be at Delhi and the head office of the State Pollution Control Board shall be at such place in the State as the State Government may, by notification, specify.
(5) The Central Pollution Control Board and the State Pollution Control
Here are some frequently asked questions and short answers about the environment:
What is the environment?
The environment is the natural world that surrounds us. It includes the air we breathe, the water we drink, the food we eat, and the land we live on.What are the main environmental problems?
The main environmental problems are Climate change, pollution, and Join Our Telegram Channel