Environment Protection Act
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Transcript of Environment Protection Act
Environment Protection Act
The Environment Protection Act,1986
Environment Protection Act, 1986 is an Act of the Parliament of India. In the wake of the Bhopal Tragedy, the Government of Indiaenacted the Environment Protection Act of 1986 under Article 253 of the Constitution. The purpose of the Act is to implement the decisions of the United Nations Conference on the Human Environments they relate to the protection and improvement of the human environment and the prevention of hazards to human beings, other living creatures, plants and property. The Act is an “umbrella” legislation designed to provide a framework for central government coordination of the activities of various central and state authorities established under previous laws, such as the Water Act and the Air Act.
Objectives of the ActTo provide protection and improvement of environment.Prevention of hazards to human beings, other living creatures, plants and property.For prevention and control of environmental pollution.Laying standards for quality of environment.Restriction of areas for location of industries.Safeguards for handling hazardous substances. Research relating to environmental pollution.
Features Of the Act
This Act has been brought into force from November, 1986. Its salient features are:
(a) Conferring powers on the Central Government to:(i) Take all necessary measures for protecting quality of environment,(ii) Co-ordinate actions of States, officers and other authorities under this Act,(iii) Plan and execute a nationwide programme for prevention, control and abatement of environmental pollution,(iv) Lay down standards for discharge of environmental pollutants,(v) Empower any person to enter, inspect, take samples and test,(vi) Establish or recognise environmental laboratories,(vii) Appoint or recognise government analysts, (viii) lay down standards for quality of environment
Features(Contd.)
(ix) Restrict areas in which any industries, operations or processes may not be carried out subject to certain safeguards,(x) Lay down safeguards for prevention of accidents and take remedial measures in case of such accidents,(xi) Lay down procedures and safeguards for handling hazardous substances,(xii) Constitute an authority for exercising powers,(xiii) Issue directions to any person, officer or authority including the power to direct closure, prohibition or regulation of any industry, operation or process,(xiv) Require any person, officer or authority to furnish any prescribed information and(xv) Delegate powers to any officer of a state or authority
The Air & The Water ActThe Air (Prevention and Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Act, 1974 were amended to bring their provisions at par with those of The Environment (Protection) Act, 1986 and to give more powers to the implementing agencies.
Air(Prevention & Control of Pollution)Act, 1981
This is an Act to provide for prevention, control and abatement of air pollution in the country so as to preserve the quality of air. Central and State Boards constituted u/s 3 & 4 of Water [ Prevention and Control and Pollution ] Act, 1974 were deemed also as Central and State Boards for prevention and control of air pollution.An Act to provide for the prevention, control and abatement of air pollution, for the establishment, with a view to carrying out the aforesaid purposes, of Boards, for conferring on and assigning to such Boards powers and functions relating thereto and for matters connected therewith.Decisions were taken at the United Nations Conference on the Human Environment, to take appropriate steps for the prevention of the natural resources of the earth.
Features Of the Air Act The Act is applicable to whole India.
U/s 19 of the Act, Central / State Govt. in consultation with SPCB is vested with power to declare AIR POLLUTION CONTROL AREA in which the provisions of the Act shall be applicable.
As per provisions in section 21 [2], no person can establish or operate any industrial plant without the consent of State Pollution Control Board shall complete the formalities to either grant or refuse consent. During the course of the processing consent application, Board may seek any information about the industry after giving notice in Form-II.
Under section 22, 22(A) operating any industrial plant so as to cause emission of any air pollutant in excess of standard laid down by State Board, is liable for litigation by the Board.
Water(Prevention & Control of Pollution)Act, 1974
This was enacted for the prevention and control of water pollution and maintaining or restoring wholesomeness of water. The Central & State Pollution Control Board were constituted under Section 3 and 4 of however, if application is not complete or State Board raises any query, which remain unanswered, in which case the period extends from the date of submission of additional information
Features of the Water ActTo obtain CONSENT TO ESTABLISH / CONSENT TO OPERATE for new discharge u/s 25 of the Act.
This is mandatory for every industry/local body discharging any domestic sewage or trade effluent into water, stream, well, sewer or on land. For this purpose, consent application has to be filed with State Pollution Control Board (SPCB) in Form- XIII complete in all respects along with prescribed consent fee. It is obligatory to provide additional information sought by the State Board. On receipt of application, State Board may grant the consent with specific conditions and date of validity or refuse the consent for reasons to be recorded in writing. Once after obtaining the consent to establish and installing all facilities as communicated by the consent, the industry shall apply for consent to operate for which same form has to be used.
Wildlife Protection Act1972
The Wildlife Protection Act, 1972 is an Act of the Parliament of India enacted for protection of plants and animal species. Before 1972, India only had five designated national parks. Among other reforms, the Act established schedules of protected plant and animal species; hunting or harvesting these species was largely outlawed.The Act provides for the protection of wild animals, birds and plants; and for matters connected therewith or ancillary or incidental thereto. It extends to the whole of India, except the State of Jammu and Kashmir which has its own wildlife act.
Features Of the Wildlife ActThe act has six schedules which cover the entire gamut of wild life.a) Schedule I and II are the most potent sections of the act. This section covers animals which are in the category of endangered species. The sections in this schedule give absolute protection to certain species and these cannot be infringed on any account. The value of these sections can bee seen from the fact that the famous actor Salman Khan was sentenced to 5 years rigorous imprisonment for shooting a black buck in Rajasthan. The case is under appeal in the high court. In addition 16 persons have been convicted and sentenced to various terms of prison up to 7 years for killing a tiger.b) Schedule III and IV. These also have roughly the same provisions of Section I and II, but cover animals that are not in danger of becoming extinct. The penalties under this section are also less than Schedule I and II.
Features (contd.)c)Schedule V delineates animals that can be hunted like ducks and deer’s. For this purpose the hunter has to apply for a license to the District Forest Officer who will allow a hunter to shoot during a specific season and restricted area. Any infringement can lead to cancellation of the hunting license.
d) Schedule VI concerns cultivation and plant life and gives teeth to setting up more protected animal parks.
Forest Conservation Act1980
The Forest Conservation Act of 1980 was amended to facilitate stricter conservation measures. A new target was to increase the forest cover to 33% of India's land area from the then-official estimate of 23%. In June 1990, the central government adopted resolutions that combined forest science with social forestry, that is, taking the sociocultural traditions of the local people into. The cumulative area afforested during the 1951-91 period was nearly 179,000 square kilometres. However, despite large-scale tree planting programmes, forestry is one arena in which India has actually regressed since independence. Annual fellings at about four times the growth rate are a major cause.
Features of the Forest ActThis Act has five Sections which deal with conservation of forests.
The Act was enacted with the twin objectives under Section 2 of restricting the use of forest land for non-forest purposes, and preventing the de-reservation of forests that have been reserved under the Indian Forest Act, 1927. However, in 1988 the Act was further amended to include two new provisions under Section 2, where it sought to restrict leasing of forest land to private individuals, authority, corporations not owned by the Government, and to prevent clear felling of naturally grown trees.The Act empowers the Central Government to constitute a committee to advise the Government with a grant of approval under Section 2, as also on any other matter connected with the conservation of forest and referred to it by the Central Government.The Act provides for the punishment of imprisonment, extendable to fifteen days for the contravention of the provisions of the Act.The Act provides for punishment of offenders from the Government Departments, including Head of the Departments and authorities.