THE ENVIRONMENT

PROTECTION
ACT, 1986

Presenting by: -
Mr.Samaan Gouse
Mr.Sharib Ahmed
INTRODUCTION…..
In 1980, the Deptt. of
Environment was
established in India.
Later on it became the
Ministry of
Environment and
Forests in 1985.
EPA,1986 came into
force soon after the
Bhopal Gas Tragedy.
OBJECTIVE……
Objective is, to provide
the protection and
improvement of
environment.
In EPA, article 48A,
specify that the State
shall protect and
improve the
environment.
Contd…….
Also to safeguard the
forests and wildlife of
the country.
Acc. to sec 51(A) every
citizen shall protect the
environment.
EPA is applicable to
whole India, including
J&K.
IMPORTANT TERMINOLOGY….
“Environment” It includes water,
air, and land and the inter-
relationship which exists among and
between water, air and land and
human beings, other living creatures,
plants, microorganism and property.
"Environmental Pollutant" means
any solid, liquid or gaseous
substance present in such
concentration as may be, or tend to
be injurious to environment .
Contd….
“Environmental pollutant" means any solid,
liquid or gaseous substances present in such
concentration as may be or tend to be injurious
to environment and human being.
 “Hazardous Substance" means any substance
or preparation which, by reasons of its chemical
or physico-chemical properties, is liable to cause
harm to human beings or other living creatures.
“Handling” In relation to any substance, it
means the manufacturing, processing, treatment,
packaging, storage, transportation, use,
collection, destruction, conversion, offering for
sale, etc
Contd….
 “Environmental pollution” means imbalance in
environment. The materials or substances when
after mixing in air, water or land alters their
properties in such manner, that the very use of
all or any of the air water and land by man and
any other living organism becomes lethal and
dangerous for health.
“Occupier” It means a person who has control
over the affairs of the factory or the premises,
and includes, in relation to any substance, the
person in possession of the substance.
POWERS PROVIDED BY THE ACT TO
CENTRAL GOVTT.….
To make rules to regulate
environmental pollution;
To notify standards and
maximum limits of pollutants of
air, water, and soil for various
areas and purposes;
Prohibition and restriction on
the handling of hazardous
substances, and location of
industries (Sections 3-6).
CONTD….
 Under Sec (3): may constitute
authority or authorities for the
purpose of exercising of
performing such of the powers
and functions;
 Under Sec (4): may appoint a
person for inspection;
 Under Sec (5): may issue
directions in writing to any
officers or any authority to
comply;
 Under Sec (6): it empower the
government to make rules to
achieve the object of the Act.
Contd….
Under Sec (7): persons
carrying on industry,
operation etc. not to allow
emission or discharge of
environmental pollutants
in excess of the standards;
Under Sec (8): persons
handling hazardous
substances must comply
with procedural
safeguards.
PENALITY….
Whoever Person found to be
the cause of pollution, may
be liable for punishment for a
term which may extend to
five years or with fine which
may extend to one lakh
rupees or both (Sec 15, 16,
17). If not comply fine of Rs.
5000 per day extra, still if not
comply for more than one
year, then imprisonment may
extend up to 7 years.
Contd….
 Section 17 specifies that Head
of the department/ in-charge of
small unit may be liable for
punishment if the owner
/occupier produce enough
evidence of innocence.
 The state govtt. have power to
close or cancel or deny the
authorization to run the
factory/institution/hospital
whichever is causing pollution.
ENVIRONMENTAL LAWS….
Following is a list of the
environmental
legislations that have
come into effect:-
General
Forest and wildlife
Water
Air
General….
1986 - The Environment (Protection) Act;
 1986 - The Environment (Protection) Rules;
1989 - The objective of Hazardous Waste
(Management and Handling) Rules;
1989 - The Manufacture, Storage, and Import of
Hazardous Rules;
1989 - The Manufacture, Use, Import, Export,
and Storage of hazardous Micro-organisms/
Genetically Engineered Organisms or Cells
Rules;
1991 - The Public Liability Insurance Act and
Rules and Amendment, 1992
FOREST AND WILDLIFE….
1927 - The Indian
Forest Act and
Amendment, 1984;
1972 - The Wildlife
Protection Act, Rules
1973 and Amendment
1991;
1980 - The Forest
(Conservation) Act and
Rules, 1981.
WATER….
1882 - The Easement Act ;
1897 - The Indian Fisheries Act ;
1956 - The River Boards Act ;
1970 - The Merchant Shipping Act
;
1974 - The Water (Prevention and
Control of Pollution) Act ;
1991 - The Coastal Regulation
Zone Notification.
AIR….
1948 – The Factories Act and
Amendment in 1987 ;
1981 - The Air (Prevention and
Control of Pollution) Act ;
1982 - The Air (Prevention and
Control of Pollution) Rules ;
1982 - The Atomic Energy Act ;
1987 - The Air (Prevention and
Control of Pollution) Amendment
Act ;
1988 - The Motor Vehicles Act.
THANK
YOU