THE ENVIRONMENT THE ENVIRONMENT PROTECTIONPROTECTIONACT, 1986ACT, 1986

INTRODUCTION…..INTRODUCTION…..

In 1980, the Deptt. of In 1980, the Deptt. of Environment was Environment was established in India.established in India.

Later on it became Later on it became the Ministry of the Ministry of Environment and Environment and Forests in 1985.Forests in 1985.

EPA,1986 came into EPA,1986 came into force soon after the force soon after the Bhopal Gas Tragedy. Bhopal Gas Tragedy.

OBJECTIVE……OBJECTIVE……

Objective is, to Objective is, to provide the protection provide the protection and improvement of and improvement of environment. environment.

In EPA, article 48A, In EPA, article 48A, specify that the State specify that the State shall protect and shall protect and improve the improve the environment. environment.

Contd…….Contd…….

Also to safeguard the Also to safeguard the forests and wildlife of forests and wildlife of the country. the country.

Acc. to sec 51(A) Acc. to sec 51(A) every citizen shall every citizen shall protect the protect the environment.environment.

EPA is applicable to EPA is applicable to whole India, including whole India, including J&K. J&K.

IMPORTANT IMPORTANT TERMINOLOGY….TERMINOLOGY….

““Environment” Environment” It includes water, air, It includes water, air, and land and the inter-relationship and land and the inter-relationship which exists among and between which exists among and between water, air and land and human water, air and land and human beings, other living creatures, plants, beings, other living creatures, plants, microorganism and property.microorganism and property.

"Environmental Pollutant""Environmental Pollutant" means means any solid, liquid or gaseous any solid, liquid or gaseous substance present in such substance present in such concentration as may be, or tend to concentration as may be, or tend to be injurious to be injurious to environment .environment .

Contd….Contd….

““Environmental pollutant"Environmental pollutant" means means any solid, any solid, liquid or gaseous substances present in such liquid or gaseous substances present in such concentration as may be or tend to be injurious concentration as may be or tend to be injurious to environment and human being.to environment and human being. ““Hazardous SubstanceHazardous Substance"" means any substance means any substance or preparation which, by reasons of its chemical or preparation which, by reasons of its chemical or physico-chemical properties, is liable to cause or physico-chemical properties, is liable to cause harm to human beings or other living creatures.harm to human beings or other living creatures.““Handling”Handling” In relation to any substance, it In relation to any substance, it means the manufacturing, processing, means the manufacturing, processing, treatment, packaging, storage, transportation, treatment, packaging, storage, transportation, use, collection, destruction, conversion, offering use, collection, destruction, conversion, offering for sale, etc for sale, etc

Contd….Contd….

““Environmental pollution”Environmental pollution” means imbalance in means imbalance in environment. The materials or substances when environment. The materials or substances when after mixing in air, water or land alters their after mixing in air, water or land alters their properties in such manner, that the very use of properties in such manner, that the very use of all or any of the air water and land by man and all or any of the air water and land by man and any other living organism becomes lethal and any other living organism becomes lethal and dangerous for health.dangerous for health.““Occupier”Occupier” It means a person who has control It means a person who has control over the affairs of the factory or the premises, over the affairs of the factory or the premises, and includes, in relation to any substance, the and includes, in relation to any substance, the person in possession of the substance. person in possession of the substance.

POWERS PROVIDED BY THE POWERS PROVIDED BY THE ACT TO CENTRAL GOVTT.….ACT TO CENTRAL GOVTT.….

To make rules to regulate To make rules to regulate environmental pollution; environmental pollution;

To notify standards and To notify standards and maximum limits of pollutants maximum limits of pollutants of air, water, and soil for of air, water, and soil for various areas and purposes; various areas and purposes;

Prohibition and restriction on Prohibition and restriction on the handling of hazardous the handling of hazardous substances, and location of substances, and location of industries (Sections 3-6). industries (Sections 3-6).

CONTD….CONTD….Under Sec (3): may constitute Under Sec (3): may constitute authority or authorities for the authority or authorities for the purpose of exercising of purpose of exercising of performing such of the powers performing such of the powers and functions;and functions;Under Sec (4): may appoint a Under Sec (4): may appoint a person for inspection;person for inspection;Under Sec (5): may issue Under Sec (5): may issue directions in writing to any directions in writing to any officers or any authority to officers or any authority to comply;comply;Under Sec (6): it empower the Under Sec (6): it empower the government to make rules to government to make rules to achieve the object of the Act. achieve the object of the Act.

Contd….Contd….

Under Sec (7): persons Under Sec (7): persons carrying on industry, carrying on industry, operation etc. not to operation etc. not to allow emission or allow emission or discharge of discharge of environmental pollutants environmental pollutants in excess of the in excess of the standards;standards;Under Sec (8): persons Under Sec (8): persons handling hazardous handling hazardous substances must substances must comply with procedural comply with procedural safeguards. safeguards.

PENALITY….PENALITY….

Whoever Person found to Whoever Person found to be the cause of pollution, be the cause of pollution, may be liable for may be liable for punishment for a term punishment for a term which may extend to five which may extend to five years or with fine which years or with fine which may extend to one lakh may extend to one lakh rupees or both (Sec 15, rupees or both (Sec 15, 16, 17). If not comply fine 16, 17). If not comply fine of Rs. 5000 per day extra, of Rs. 5000 per day extra, still if not comply for more still if not comply for more than one year, then than one year, then imprisonment may extend imprisonment may extend up to 7 years. up to 7 years.

Contd….Contd….

Section 17 specifies that Section 17 specifies that Head of the department/ in-Head of the department/ in-charge of small unit may be charge of small unit may be liable for punishment if the liable for punishment if the owner /occupier produce owner /occupier produce enough evidence of enough evidence of innocence. innocence. The state govtt. have power The state govtt. have power to close or cancel or deny to close or cancel or deny the authorization to run the the authorization to run the factory/institution/hospital factory/institution/hospital whichever is causing whichever is causing pollution. pollution.

ENVIRONMENTAL LAWS….ENVIRONMENTAL LAWS….

Following is a list of Following is a list of the environmental the environmental legislations that have legislations that have come into effect:-come into effect:-

GeneralGeneral

Forest and wildlifeForest and wildlife

WaterWater

AirAir

General….General….

1986 - The Environment (Protection) Act;1986 - The Environment (Protection) Act; 1986 - The Environment (Protection) Rules; 1986 - The Environment (Protection) Rules; 1989 - The objective of Hazardous Waste 1989 - The objective of Hazardous Waste (Management and Handling) Rules; (Management and Handling) Rules; 1989 - The Manufacture, Storage, and Import of 1989 - The Manufacture, Storage, and Import of Hazardous Rules;Hazardous Rules;1989 - The Manufacture, Use, Import, Export, 1989 - The Manufacture, Use, Import, Export, and Storage of hazardous Micro-organisms/ and Storage of hazardous Micro-organisms/ Genetically Engineered Organisms or Cells Genetically Engineered Organisms or Cells Rules;Rules;1991 - The Public Liability Insurance Act and 1991 - The Public Liability Insurance Act and Rules and Amendment, 1992 Rules and Amendment, 1992

FOREST AND WILDLIFE….FOREST AND WILDLIFE….

1927 - The Indian 1927 - The Indian Forest Act and Forest Act and Amendment, 1984;Amendment, 1984;

1972 - The Wildlife 1972 - The Wildlife Protection Act, Rules Protection Act, Rules 1973 and Amendment 1973 and Amendment 1991;1991;

1980 - The Forest 1980 - The Forest (Conservation) Act (Conservation) Act and Rules, 1981. and Rules, 1981.

WATER….WATER….

1882 - The Easement Act ;1882 - The Easement Act ;

1897 - The Indian Fisheries Act 1897 - The Indian Fisheries Act ;;

1956 - The River Boards Act ;1956 - The River Boards Act ;

1970 - The Merchant Shipping 1970 - The Merchant Shipping Act ;Act ;

1974 - The Water (Prevention 1974 - The Water (Prevention and Control of Pollution) Act ;and Control of Pollution) Act ;

1991 - The Coastal Regulation 1991 - The Coastal Regulation Zone Notification. Zone Notification.

AIR….AIR….

1948 – The Factories Act and 1948 – The Factories Act and Amendment in 1987 ;Amendment in 1987 ;1981 - The Air (Prevention and 1981 - The Air (Prevention and Control of Pollution) Act ;Control of Pollution) Act ;1982 - The Air (Prevention and 1982 - The Air (Prevention and Control of Pollution) Rules ;Control of Pollution) Rules ;1982 - The Atomic Energy 1982 - The Atomic Energy Act ;Act ;1987 - The Air (Prevention and 1987 - The Air (Prevention and Control of Pollution) Control of Pollution) Amendment Act ;Amendment Act ;1988 - The Motor Vehicles 1988 - The Motor Vehicles Act. Act.

REFERENCES….REFERENCES….

www. envfor.nic.inwww. envfor.nic.in

www.justice.gov.ntwww.justice.gov.nt

www.finlex.fi www.finlex.fi

en.wikipedia.org en.wikipedia.org

www.legislation.qld.gov.au www.legislation.qld.gov.au

TTHANK HANK YOUYOU