<–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 (EPA) is an act of the Parliament of India enacted in 1986. The act was enacted to provide for the protection and improvement of the environment and for matters connected therewith or incidental thereto.
The objectives of the EPA are to:
- Prevent, control and abate environmental pollution;
- Protect and improve the quality of air, water and Soil;
- Promote the conservation of forests and wildlife;
- Promote the Sustainable Development of natural Resources;
- Ensure the equitable use of environmental resources;
- Provide for the participation of the people in environmental management;
- Establish a mechanism for the enforcement of the provisions of the Act; and
- Provide for such incidental and consequential matters as may be necessary to achieve the objects of the Act.
The EPA defines pollution as “the state of contamination of the environment which renders it harmful to human Health or harmful to the living organisms”. The act also defines Air Pollution, Water Pollution, Soil Pollution, Noise Pollution, hazardous wastes, radioactive wastes, environmental impact assessment, public liability insurance, enforcement, penalties, offences, appeals, miscellaneous, schedules and appendix.
Air pollution is caused by the emission of harmful gases and particulate matter into the air. The main sources of air pollution are vehicles, industries, power Plants and domestic fires. Air pollution can cause respiratory problems, heart disease, cancer and other health problems.
Water pollution is caused by the discharge of sewage, industrial effluents and agricultural runoff into water bodies. The main sources of water pollution are domestic sewage, industrial effluents and agricultural runoff. Water pollution can cause cholera, typhoid, diarrhea, dysentery and other waterborne diseases.
Soil pollution is caused by the contamination of soil with harmful chemicals, heavy metals and other pollutants. The main sources of soil pollution are industrial effluents, agricultural runoff, mining activities and urban waste. Soil pollution can cause cancer, reproductive problems, birth defects and other health problems.
Noise pollution is caused by the excessive noise from vehicles, industries, construction activities and other sources. The main sources of noise pollution are vehicles, industries, construction activities and other sources. Noise pollution can cause hearing loss, Stress, anxiety and other health problems.
Hazardous wastes are wastes that are toxic, flammable, corrosive or radioactive. The main sources of hazardous wastes are industries, hospitals and laboratories. Hazardous wastes can cause cancer, reproductive problems, birth defects and other health problems.
Radioactive wastes are wastes that are contaminated with radioactive materials. The main sources of radioactive wastes are nuclear power plants, hospitals and research laboratories. Radioactive wastes can cause cancer, reproductive problems, birth defects and other health problems.
Environmental impact assessment is a process for evaluating the environmental impacts of a proposed project. The process involves identifying the potential impacts of the project, assessing the significance of the impacts and developing mitigation measures to reduce the impacts.
Public liability insurance is insurance that is required by law for certain industries and activities. The insurance covers the cost of compensation for damage caused by pollution or other environmental incidents.
Enforcement of the EPA is carried out by the Central Pollution Control Board (CPCB) and the State Pollution Control Boards (SPCBs). The CPCB and SPCBs have the power to issue notices, orders and directions to polluters, to seize and detain polluting equipment and to prosecute polluters.
The penalties for violation of the EPA are severe. The penalties include imprisonment, fines and closure of the polluting unit.
The offences under the EPA are punishable with imprisonment for a term which may extend to five years, or with fine which may extend to one lakh rupees, or with both.
Appeals against the orders of the CPCB and SPCBs can be made to the National Green Tribunal (NGT). The NGT is a specialized tribunal that was established to deal with environmental matters.
The EPA is a comprehensive law that provides for the protection and improvement of the environment. The act has been successful in reducing pollution levels in India. However, there is still a lot of work to be done to achieve the objectives of the act.
What is environmental law?
Environmental law is a body of law that protects the environment and regulates human activities that can harm it. It includes laws that regulate air pollution, water pollution, land pollution, and hazardous waste disposal.
What are the different types of environmental laws?
There are many different types of environmental laws, but some of the most common include:
- Air pollution laws: These laws regulate the emissions of air pollutants from sources such as cars, factories, and power plants.
- Water pollution laws: These laws regulate the discharge of pollutants into water bodies such as rivers, lakes, and Oceans.
- Land pollution laws: These laws regulate the disposal of solid waste and hazardous waste.
- Hazardous waste laws: These laws regulate the generation, transportation, treatment, storage, and disposal of hazardous waste.
- Endangered species laws: These laws protect endangered and threatened species of plants and animals.
- Environmental impact assessment laws: These laws require that certain projects, such as construction projects, be evaluated for their potential environmental impacts before they can be approved.
What are the benefits of environmental law?
Environmental law has many benefits, including:
- Protecting human health and the environment: Environmental law helps to protect human health by reducing exposure to air pollutants, water pollutants, and hazardous waste. It also helps to protect the environment by reducing pollution and conserving Natural Resources.
- Promoting Economic Development: Environmental law can promote economic development by encouraging businesses to invest in clean technologies and by reducing the costs of pollution control.
- Creating jobs: Environmental law can create jobs in the environmental protection Industry, such as in the fields of pollution control, Waste Management, and environmental consulting.
- Promoting sustainable development: Environmental law can help to promote sustainable development by encouraging businesses and governments to make decisions that take into account the long-term needs of the environment.
What are the challenges of environmental law?
Environmental law faces a number of challenges, including:
- The difficulty of enforcing environmental laws: It can be difficult to enforce environmental laws, especially in developing countries. This is because there may be a lack of resources to enforce the laws, or because there may be Corruption or a lack of political will to enforce the laws.
- The cost of compliance with environmental laws: The cost of complying with environmental laws can be high, especially for small businesses. This can make it difficult for businesses to comply with the laws, and it can also discourage businesses from investing in new technologies.
- The complexity of environmental laws: Environmental laws can be complex, and it can be difficult for businesses and individuals to understand them. This can make it difficult to comply with the laws, and it can also lead to confusion and uncertainty.
- The lack of public support for environmental laws: There is often a lack of public support for environmental laws. This is because people may not understand the importance of the laws, or they may believe that the laws are too costly or burdensome.
What is the future of environmental law?
The future of environmental law is uncertain. However, it is likely that environmental law will continue to evolve and develop in order to address the challenges of Climate change, pollution, and other environmental problems.
-
Which of the following is not a principle of environmental law?
(A) Prevention of pollution at source
(B) Polluter pays principle
(C) Sustainable development
(D) Precautionary principle -
The Environment Protection Act was enacted in the year:
(A) 1972
(B) 1986
(C) 1991
(D) 2000 -
The National Green Tribunal was established in the year:
(A) 2005
(B) 2006
(C) 2007
(D) 2008 -
The National Environment Policy was adopted in the year:
(A) 1980
(B) 1992
(C) 2000
(D) 2006 -
The Air (prevention and control of pollution) Act was enacted in the year:
(A) 1981
(B) 1986
(C) 1991
(D) 1996 -
The Water (Prevention and Control of Pollution) Act was enacted in the year:
(A) 1974
(B) 1981
(C) 1986
(D) 1991 -
The Forest (Conservation) Act was enacted in the year:
(A) 1980
(B) 1986
(C) 1991
(D) 1996 -
The Wildlife (Protection) Act was enacted in the year:
(A) 1972
(B) 1986
(C) 1991
(D) 1996 -
The Biological Diversity Act was enacted in the year:
(A) 2000
(B) 2002
(C) 2003
(D) 2005 -
The Climate Change Act was enacted in the year:
(A) 2008
(B) 2009
(C) 2010
(D) 2011
Answers:
1. (D)
2. (B)
3. (A)
4. (C)
5. (A)
6. (A)
7. (A)
8. (A)
9. (A)
10. (A)