ENVIRONMENTAL

PROTECTION ACT-1986
By-
Anuvind Nair
Abhishek Mishra
1 Naman Jain
Divya Manjunath

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2 INDEX

1. What is the environment?  6. Conclusion

2. Environmental issues
3. How did the act come into form?
4. Case study: The Bhopal gas
tragedy
5. Environmental protection act
A. Objectives of the act
B. Salient features
C. General scheme of the act.

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3
WHAT IS THE ENVIRONMENT?

 The surroundings or conditions in which a person, animal, or plant lives or

operates is known as its environment.
 The natural environment encompasses all living and non-living things
occurring naturally. The term is most often applied to the Earth or some part of
Earth. This environment encompasses the interaction of all living species, climate,
weather, and natural resources that affect human survival and economic activity.
 In contrast to the natural environment is the built environment. In such areas
where man has fundamentally transformed landscapes such as urban settings and
agricultural land conversion, the natural environment is greatly modified into a
simplified human environment.

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4

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5 ENVIRONMENTAL ISSUES
 Our environment is constantly changing. There is no denying that. However, as our
environment changes, so does the need to become increasingly aware of the problems that
surround it. With a massive influx of natural disasters, warming and cooling periods,
different types of weather patterns and much more environment is going through a massive
transition.
 Our planet is poised at the brink of a severe environmental crisis. Current environmental
problems make us vulnerable to disasters and tragedies, now and in the future. We are in a
state of planetary emergency, with environmental problems piling up high around us, eg-
pollution, global warming etc. Unless we address the various issues prudently and seriously
we are surely doomed for disaster.
 Just like we are concerned now, people back in the 70s were also worried about the
growing environmental problems.

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6

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 HOW DID THE ACT COME INTO FORM?
7
 The concern over the state of environment has grown, the world over since the
sixties. The decline in environmental quality has been evidenced by increasing
pollution, loss of vegetal power and biological diversity, excessive concentration
of harmful chemicals in the ambient atmosphere and in food chains, growing risks
of environmental accidents and threat to life support systems.
 From time to time various legislations relating to protection of environment from
specific types of pollution have been passed by the Indian legislature.
 The world community’s resolve to protect and enhance the environment quality
found expression in the decisions taken at the United Nations Conference on the
Human Environment held in Stockholm June, 1972. The Government of India
participated in the conference and strongly voiced the environmental concerns.
While several measures had been taken for environmental protection, both before
and after the conference, the need for general legislation further to implement the
decision of the Conference had become increasingly evident.

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However One such event that took place in India, urged the need for a specific act for the protection of the
environment to be drafted in the constitution and implemented by the legislation of India. Any guesses which
event was that?..

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 CASE STUDY- THE BHOPAL GAS TRAGEDY
9

 The Bhopal gas tragedy was a gas leak incident in India , considered one of the world’s worst
industrial catastrophes.
 It occurred on the night of 2nd December 1984 at the Union Carbide India Limited (UCIL)
pesticide plant in Bhopal, Madhya Pradesh.
 A leak of methyl isocyanate (MIC) gas and other chemicals from the plant resulted in the
exposure of hundreds of thousands of people.

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 Factors leading to gas leak :
10
 Storing MIC in large tanks and filling beyond recommended levels
 Poor maintenance
 Safety systems being switched off to save money –including the MIC tank refrigeration system
which could have mitigated the disaster severity.
 The dependence on manual operations.
 Use of a more dangerous pesticide manufacturing method.

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 Environmental Rehabilitation
11  When the factory was closed in 1985-86 ,pipes ,drums and tanks were sold.
 The MIC and the Sevin plants are still there as are storages of different residues. Isolation material is
falling and spreading.
 The area around the plant was used as a dumping area for hazardous chemicals.
 Tubewells in the vicinity of the UCC factory had to abandoned.
 Laboratory tests in 1989 revealed that soil and water samples collected from near the factory and
inside the plant were toxic to fish.

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12 ENVIRONMENTAL PROTECTION ACT
 ENVIRONMENT PROTECTION ACT was passed in March 1986 and came into
force on 19 Nov. 1986
 The Constitution of India clearly states that it is the duty of the state to ‘protect
and improve the environment and to safeguard the forests and wildlife of the
country’.
 The Department of Environment was established in India in 1980.This later
became the Ministry of Environment and Forests in 1985•
 The EPA (Environment Protection Act), 1986 came into force soon after the
Bhopal Gas Tragedy and is considered an umbrella legislation as it fills many gaps
in the existing laws. Thereafter a large number of laws came into existence as the
problems began arising, eg-Handling and Management of Hazardous Waste Rules
in 1989.

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13 ABOUT THE ACT
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14 OBJECTIVES OF THE ACT

 To implement the decisions taken at the United Nations(U.N) Conference on the Human
Environment held at Stockholm in 1972.
 To provide for deterrent punishment to those who endanger,harm and degrade the
environment
 One of the major goals of the EPA is to ensure sustainaible development.This was done to
make sure the act does not become a barren shell
 To impose general law on environmental protection as during this time the laws related to
environment were not well defined and very lenient.The EPA covered the uncovered gaps in
the areas of major environmental hazards.

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15
Salient features

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 program 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 recognize environmental laboratories,
vii. Appoint or recognize government analysts,
viii. Lay down standards for quality of environment,
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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;

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17

B. It confers powers on persons to complain to courts regarding any

violation of the provisions of the Act, after a notice of 60 days to the
prescribed authorities;

C. The Act makes it obligatory for the person in charge of a place to

inform the prescribed authorities regarding any accidental discharge
of any pollutant in excess of prescribed standards.

The concerned authorities, on receipt of such information, shall take remedial

measures to prevent or mitigate pollution caused by such accidents and expenses
incurred by the authorities in respect of remedial measures are recoverable with
interest from the polluter;

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18

D. It prescribes stringent penalties for violation of the provisions of the Act;

and

E. Jurisdiction of civil courts is barred under the Act.

A comprehensive Environment (Protection) Act came into

being in 1986 to remedy the flaws noticed in the earlier
laws and to serve as a single legislation on the subject.

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19 GENERAL SCHEME OF THE ACT

The Act has 26 sections which have been divided

amongst 4 major chapters
1.Prelimniary
2.Prevention,Control and Abatement of
Environmental Pollution
3.General Powers of The Central Government
4.Miscellanous(Penalties and Fines)
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20 CHAPTER-1

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21 SHORT TITLE,EXTENT AND
COMMENCEMENT

(1) This Act may be called the Environment (Protection) Act, 1986.

(2) It extends to the whole of India.

(3) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint and different dates may be appointed for
different provisions of this Act and for different areas.

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22 IMPORTANT DEFINITIONS
 “Environment" 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, micro-organism 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;

 “Environmental pollution" means the presence in the environment of any

environmental pollutant;

 “Handling", in relation to any substance, means the manufacture, processing,

treatment, package, storage, transportation, use, collection, destruction,
conversion, offering for sale, transfer or the like of such substance;
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 Hazardous substance" means any substance or preparation which, by reason of its

chemical or physico-chemical properties or handling, is liable to cause harm to
human beings, other living creatures, plant, micro-organism, property or the
environment;
 “Occupier", in relation to any factory or premises, 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;
 “Prescribed" means prescribed by rules made under this Act.

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24 CHAPTER 2-PREVENTION,CONTROL
AND ABATEMENT OF POLLUTION
 The Central Government has the power to take all such measures as it
deems necessary for the purpose of protecting and improving the
quality of environment and preventing,controlling and abating
environmental pollution.Such measures may include:
 Co-ordination of actions by the State Government officers and other
authorities under this act or under any law
 Planning and execution of nation wide programmes for the
prevention,control and abatement of environmental pollution
 Laying down standards for the quality of environment in the various
aspects
 Laying down standards for the emission or discharge of environmental
pollutants

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 Restriction of areas in which any industry,operation,or process shall be carried out.

 Laying down procedures and safeguards for handling of hazardous substances.
 Examination of manufacturing process,materials and substances which are likely to cause
environmental pollution.
 Carrying out and sponsoring investigations and research relating to problems of
environmental pollution.
 Establishment and recognition of environmental laboratories.
 Such others matters as the Central Government may deem necessary of the purposes of
securing effective implementation of this Act.
 Under Section 3(3),the Central Government may constitute an “authority” or “authoritites”
to exercise powers and perform functions mentioned above.

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26 CHAPTER 3-POWERS PROVIDED BY ACT
TO CENTRAL GOVERNMENT
 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).

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 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.

 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.

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28 CHAPTER 4-MISCELLANOUS(PENALTIES)

 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.

 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
govt. have power to close or cancel or deny the authorization
to run the factory/institution/hospital whichever is causing
pollution.
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