Social Legislation

ENVIRONMENT
PROTECTION
ACT,1986
SUBMITTED TO PARVATHY NAIR
BY AARYA MATHEW
MSW SEMESTER II
 1. Introduction ( aim, objective, provisions

Topics Covered
and penalties)
2. recent Amendment (EIA draft 2020)
3. Critical analysis of EPA 1986 and EIA
THINGS WE'LL TALK ABOUT
2020
4. Role of social worker in EPA 1986.
5. Examples of EPA 1986 violation.

ENVIRONMENTAL PROTECTION ACT 1986

 INTRODUCTION
The Environment (Protection) Act, 1986 authorizes the central

government to protect and improve environmental quality, control

and reduce pollution from all sources, and prohibit or restrict the

setting and /or operation of any industrial facility on environmental

grounds. 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.

ENVIRONMENTAL PROTECTION ACT , 1986

 AIM

provide for the protection and improvement of

the environment
 TO CREATE AUTHORITIES WITH
ADEQUATE POWER TO PROTECT
THE ENVIRONMENT

TO REGULATE THE DISCHARGE

OF ENVIRONMENTAL
POLLUTANTS AND HANDLING
OF HAZARDOUS.
OBJECTIVES
TO COORDINATE ACTIVITIES OF
VARIOUS REGULATORY BODIES.

TO INITIATE SPEEDY RESPONSE AT

TIMES OF ACCIDENTS THAT
THREATEN THE ENVIRONMENT AND
ALSO PRODUCE PROVISIONS FOR
DETERRENT PUNISHMENTS.
Provisions and definitions
water, air and land and the
inter-relationship which
exists among and between
environment
water, air and land, and
human beings, other living
creatures, plants, micro-
organism and property.
the presence in the
environment of any environmental
environmental pollutant.
any solid, liquid or gaseous
substance present in such
environmental
concentration as may be, or
pollutant
tend to be, injurious to the
environment.
DEFINITIONS
in relation to any substance,
means the manufacture,
processing, treatment, package,
handling storage, transportation, use,
polllution
collection, destruction,
conversion, offering for sale,
transfer or the like of such
substance.
This refers to any substance
or preparation which,
because of its chemical or
Physico-chemical properties hazardous
or handling, is liable to substance
cause harm to human
beings, other living
creatures, plants, micro-
organisms, property or the
environment.
DEFINITIONS

means a person who has

control over the affairs of the
occupier factory or the premises and
includes, in relation to any
substance, the person in
possession of the substance.
 PROVISIONS
THE TERM “ENVIRONMENT” BASICALLY COVERS EVERYTHING. IT INCLUDES WATER, AIR, LAND
AND THE INTER-RELATIONSHIP BETWEEN WATER, AIR AND LAND AND HUMANS AND OTHER
LIVING CREATURES.
THE ACT ALLOWS THE CENTRAL GOVERNMENT TO HAVE THE SUPREME POWER AND CONTROL
TO :

TO PROTECT AND IMPROVE THE QUALITY OF THE ENVIRONMENT

.
TO PREVENT, CONTROL AND ALSO DECREASE ENVIRONMENTAL POLLUTION. THIS INCLUDES
SETTING UP NOVEL -NATIONAL STANDARDS FOR THE “QUALITY OF THE ENVIRONMENT” AND
ALSO SET STANDARDS FOR REGULATING THE DISCHARGE OF EFFLUENTS AND DISCHARGES.

TO BRING ABOUT REGULATIONS ON INDUSTRIAL LOCATIONS

TO INTRODUCE PROCEDURES FOR MANAGING SUBSTANCES.

TO ESTABLISH SAFEGUARDS TO PREVENT ACCIDENTS

TO DISSECT INFORMATION RELATED TO ENVIRONMENTAL POLLUTION

ENVIRONMENT PROTECTION ACT 1986

 PENALTIES

IF FAILURE TO COMPLY Continuing beyond one

continues, additional fine year after the date of
imprisonment for a term
THAT extendS to five conviction, the
which may extend to five
thousand rupees for every offender shall be
years or with fine which
day during which such punishable with
may extend to one lakh
failure TO COMPLY imprisonment for a
rupees, or with both
continues after the term that may extend
conviction to seven years.

ENVIRONMENT PROTECTION ACT, 1986

 PENALTIES FOR OTHER
COMPANIES
Individuals who were
responsible to the
company for the conduct
of the business is guilty
and liable to be punished
accordingly.
ENVIRONMENT PROTECTION
if the individual proves
that the offence was
committed without his
knowledge or that he
exercised all due diligence
to prevent the commission
of such offence
ACT, 1986
 PENALTIES FOR GOVT.
DEPARTMENTS
the Head of the Department
shall be deemed to be
guilty of the offence and
shall be liable to be
proceeded against and
punished accordingly
ENVIRONMENT PROTECTION
if the individual proves
that the offence was
committed without his
knowledge or that he
exercised all due diligence
to prevent the commission
of such offence
ACT, 1986
PENALTIES FOR GOVT.
DEPARTMENTS

the Head of the Department

shall be deemed to be
guilty of the offence and
shall be liable to be
proceeded against and
punished accordingly

ENVIRONMENT PROTECTION ACT, 1986


Notable
Amendments
1994
27 Jan 1994, Union Ministry of
Environment and Forests, under the
EPA 1986, promulgated an EIA
notification making (EC) mandatory
for expansion or modernisation of
any activity or for setting up new
projects listed in Schedule 1 of the
notification.
FOCUSING ON EIA
the controversial amendment
2006 2020
mandatory for projects- mining, Projects which fall under B2
thermal power plants, river considered Strategic, they
valley, infrastructure and exempted from public
industries to get environment opinion and information
clearance. shall not be placed under
the public domain.
ENVIRONMENTAL PROTECTION ACT , 1986
EIA DRAFT 2020

VIOLATION OF LAW IS
SEEN AS DEVELOPMENT

RITWIK DUTTA,
ENVIRONMENTAL LAWYER
 Environmental Impact Assessment

Environmental Impact Assessment is an Act that checks the industries for Environmental pollution.
It aims to preserve the environment as much as possible and lessen the rapid industrialization to
reduce pollution to prevent Global Warming and other environmental destruction. EIA is prevalent
throughout the world with, more than 175 countries with different terms and conditions. In India, the
first step of EIA came into action after the infamous Bhopal Gas Tragedy, which caused the death of
more than 10,000 lives. After 1986, the Environmental Protection Act comes into force to avoid such
tragedies.

ENVIRONMENT PROTECTION ACT. 1986

 EIA 2020
According to EIA 2020, the projects which fall under A and B1 should follow all the
procedures. Projects which fall under B2 are considered Strategic, they are exempted from
public opinion and information shall not be placed under the public domain. The projects
that fall under b2 were irrigation projects such as the construction of Dams, lakes, and
check dams. The other B2 projects were Defense schemes and other predominant projects
required for National Security. The Project covers the area under 150,000 sq meters
exempted from provisions of EIA. Even projects of National Highway and Inland waterways
are also considered as Strategic and come under B2.

ENVIRONMENT PROTECTION ACT 1986

 WHAT ARE THE
LOOP HOLES?
ONLY CHECKS PROJECTS IN ESZS
NOTIFIED BY THE MOEFCC. THIS EIA DRAFT 2020
WOULD POTENTIALLY HARM THE
VARIOUS IMPORTANT WILDLIFE
HOTSPOTS THAT ARE NOT
MENTIONED BY THE MOEFCC
PROPOSAL FOR POST-FACTO CLEARANCE
OF PROJECTS THAT HAVE BEEN
OPERATING IN VIOLATION OF THE
ENVIRONMENT (PROTECTION) ACT (EPA).
NOT ONLY DOES IT HAVE THE POTENTIAL
TO REVERSE MANY OF THE HARD-FOUGHT
GAINS THAT HAVE BEEN WON OVER THE
YEARS IN THE BATTLE TO PROTECT OUR
ENVIRONMENT
DENIAL OF THE PURVIEW OF PUBLIC
ENGAGEMENT. THE 2006
NOTIFICATION HAD BEEN IN FAVOR
OF ENVIRONMENTAL PROTECTION
The notification was announced at a time
BUT THE RECENT NOTIFICATION where people are busy with a global
TAKES AWAY A LOT OF POWER FROM
THE PUBLIC DOMAIN. THIS WOULD
crisis- the pandemic. As obvious as it is the
AFFECT MANY VULNERABLE topic has been swallowed and forgotten.
SECTORS LIKE THE TRIBALS.

DEFINITIONS OF LANDSCAPES
LIKE GRASSLANDS,
FLOODPLAINS ETC HAVE NOT
BEEN IDENTIFIED AS ESZ BY THE
MOEFCC.
 post facto is that if a person invests
large sums of money in illegal activity,
such as the construction of a shopping
mall, mining, industry, there is a
presumption that the investments made
were bonafide: with the intention to
benefit the nation as a whole and for
altruistic purpose
 The Act aims at the reduction of terms
People and conditions in EIA for the attraction of
foreign direct investments to India.

THE SO-CALLED
BENEFITS
EIA 2020

B2 type of projects which proclaims

to be strategic covers the border
Career areas around 100km and covers
coastal areas also which leads to the
growth of the region in the Indian
border
 CASE

GAS LEAK AT LG POLYMERS PLANT

VISHAKAPATNAM

ENVIRONMENT PROTECTION ACT, 1986

 Killed 11 and injured many and was a gross violation of the constitutional right to

life.

It was found that after expanding its production capacity, it went ahead with the

operation without actually getting environmental clearance.

GAS LEAK AT LG
The suspected cause is the malfunction in the cooling system of styrene storage

tanks.

The LG Polymers falls into the category 'A' and should get clearance from the MoEFCC

POLYMERS PLANT every time they expanded

product after November 2006.

their plant or brought a change to their manufactured

VISHAKAPATNAM. It was operating

renewals every five years

with state permits required for starting a new business with

7th May 2021 If it is possible to get clearance, even after the violation is detected then why would

anyone go for prior clearance?

This very aspect of the new draft dissolves the original purpose of the EPA

We should consider the multiple ranges of perspectives before bringing forth its

implementation.

ENVIRONMENT PROTECTION ACT, 1986

 ROLES OF THE SOCIAL WORKER

towards social and environmental equality and

sustainability
 CAPACITY BUILDING
ADVOCACY and ACTIVISM
AND FACILITATION
to bring the issues of such
of those who are vulnerable to
the detriments of EPA 1986 EPA violations to the public
violations. domain

RESEARCH ENCOURAGE PEOPLE

To conduct research on such PARTICIPATION
industrial projects and cross to ensure the participation of
check its violations all those living near the area of
project implementation.
 REFERENCES
Turaga, R. M. R. (2020). EIA draft needs a comprehensive relook., Business Line.

Jayakumar, K. (1987). Environment protection act: a critical overview. Cochin University Law
Review, 11, 33-39.

Asthana, S. (2019) Overview of the Environment Protection Act, 1986. Army Institute of Law,
Mohali

Shajahan, P. K., & Sharma, P. (2018). Environmental justice: A call for action for social workers.
International Social Work, 61(4), 476-480.
Thank you

ENVIRONMENT PROTECTION ACT, 1986