Environment Protection

Act, 1986
 The Environment Protection Act ,
(1986)
In 1972 a conference was held for the first time ever to
discuss an issue like environment pollution control under
UNITED NATIONS.
 The conference was know as STOCKHOLMES
CONFERENCE .

 473 countries meet internationally to discuss

environment pollution problems.

 Lt. Mrs. Indira Gandhi represented India in this

conference and voiced strongly before and after
conference
The Environment Protection Act,(1986)
The first legislation which specifically addressed
the environment problem was THE WATER (PREVENTATION AND
CONTROL OF POLLUTION ) ACT,1974. In short THE WATER ACT.

 The another act followed was THE AIR (PREVENTATION AND

CONTROL OF POLLUTION ) ACT,1981.In short THE AIR ACT.

 After both these acts came THE ENVIRONMENT PROTECTION

ACT,1986 came into existence and it was known as EPA .

The Environment Protection Act,(1986

SHORT TITLE, EXTEND AND
COMMENCEMENT
 This Act may be called the Environment (Protection) Act, 1986.

 It extends to the whole of India (excluding j.k.)

DEFINITIONS :-
 What is the environment?
The environment protection act defines the environment as
consisting of the air, water and land.

 What is a law?
Law is a method of regulating Human behavior

The Environment Protection Act,(1986)

What is a environmental law?

Human pollution may harm the environment and the focus of

pollution laws is to limit or prevent humans damaging the
environment.

What is Pollution?

Pollution is defined (Environmental Protection act 1990) as “ the

release into the environment medium of any process or substances
which are capable of causing harm to man or any other living
organism supported by the environment.

The Environment Protection Act,(1986)

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

The Environment Protection Act,(1986)

 WATER
(PREVENTION
AND CONTROL)
ACT,1988
The Environment Protection Act,(1986)
  The first legislation which specifically addressed
the environment problem was THE WATER (PREVENTATION AND
CONTROL OF POLLUTION ) ACT,1988. In short THE WATER ACT

The WATER ACT envisages the setting up of central and state boards for
the prevention and control of water pollution.

 The task of these bodies , among others , is the prevention and control of
the discharge of water into streams or wells , as also to lay down effluent
standards to be complied with by industries.

There are two important functions of State Board :

 To lay down the standards of pollution and to make consent order for
polluting trade and sewage effluent into streams.
The boards have also granted ample powers of investigation ,inspection, sample collection
and testing , and also the power to prosecute violators of the act.

The Environment Protection Act,(1986)

 The Ganga
Case

Cultural Heritage:
Holy River
The Environment Protection Act,(1986)
This case is about polluting river GANGA .
A lawyer named Mr. . M . C. Mehta found that people are polluting
water of river GANGA by bathing in it , by washing clothes in it ,by
throwing dirty things in river .And as is it was duty of municipal
corporation to see that water of the river do not get dirty ,Mr. . M . C .
Mehta filed a case against municipal corporation for breach of duty

The supreme court gave the decision in favor of

Mr. . M .C . Mehta as water pollution is a crime and it is polluting
water which is a basic need for living beings. The court ordered
municipal corporation to give Rs.20,00,000 as fine for their breach
of duty.

This was the case were the court handled a case under water act
and `gave a right decision

The Environment Protection Act,(1986)

 Prevention and Control of Water Pollution

1. Power to take samples of effluents and procedure to be followed

2. Prohibition on use of stream or well for disposal of polluting matter

3. Restrictions on New Outlets and New Discharges

4. Provision regarding Discharge of sewage or Trade Effluent

5. Refusal Or Withdrawal of Consent by state board

The Environment Protection Act,(1986)
Penalties
 Penalty for contravention of provisions of section 24 :- imprisonment
for not less than one year and six months

 Penalty for contravention of provisions of section 25 or 26 :-

imprisonment for not less than one year and six months but with fine

 Penalty for contravention of provisions of section 45-A :-

imprisonment for not less than one year and six months but extended
up to three months with 10000 rupees fine.
AIR ACT-
1981
 The air act deals with the control of emission of noxious substances from industries
and automobiles.

 Basically, air act is applied only to specified industrial processes in notified areas
called the air pollution control areas (APCA) .

 The functions under the act are entrusted to the central and state boards created under
the water act.

 The state government declares an area as air pollution control area only after
consulting with state board .

 The specified industries in the APCA have to seek the permission of the board to emit
noxious substances.
Cases On Air Act
 CASE ON AIR POLLUTION

BHOPAL GAS TRAGEDY CASE

 This case is about a company named UNION CARBIDE COMPANY which leaked a
poisonous gas methane isocynade (CH2CN) due to which 2014 people died .First the
case was filed in USA against the company as it was an American company but due
to pressure exerted by UN the case came to INDIA

First the case was filed in district court and the court gave the decision that the union
carbide company should gave a compensation of Rs.350,000 crore . The company was not
satisfied and appealed in high court against the decision and the court gave the decision to
pay Rs. 250,000 crore , again the company was not satisfied and appealed in supreme court
against the decision of high court. Here for the first time a negotiation took place between
the criminal and the courts. Union carbide company said that they will

Compensate the victims if the court will crash all the criminal charges against the
company. The courts agreed to this negotiation and they crashed all the criminal charges
against the company and the company gave compensation of Rs.750 crores only.

This was the case were courts tried to deal with a case of air pollution but did unjustice
to the victims of the tragedy, and till now the courts orders are not followed.
 The Taj Mahal Case

Cultural heritage: the

Taj Mahal, 4 World
Heritage Sites and 254
monuments within the Taj
Trapezium Zone

Life and health of

the people, particularly
the residents of Agra

M.C. Mehta v. Union of India

1996 (4) SCALE (SP) 29
Vehicular Pollution
Case and Introduction
of CNG in Delhi and
other cities in India

Vehicular Pollution
Case and
Introduction
of CNG in Delhi and
other cities in India
 •Hazardous Substance "means
•any substance or preparation
which, by reasons of its
chemical or physic-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
List of industries involving Hazardous Process
 Coal (including Coke) Industries
 Coal , lignite, coke etc
 Fuel gases ( including coal gas, producer gas, water gas )

 Cement Industries
 Portland cement( including slag cement, pazzolona cement and their products )

 Petroleum Industries
 Oil Refining
 Lubricating oils and Greases

 Drugs and Pharmaceutical Industries

 Narcotics, drugs and Pharmaceutical

 Rubber Industries
 Leather tanning Industries
 Chemical Industries
 PENALITY….
Whoever Person found to be the cause of pollution,
1) 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).
.

2) If not comply fine of Rs.5000 per day extra,

3) Still if not comply for more than one year, then imprisonment may
extend up to 7 years

(4)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.

(5) The state govtt. have power to close or cancel or deny the authorization to run
the factory/institution/hospital whichever is causing pollution.
 MAIN
REASON FOR
FORMATION
OF EPA
In EPA, article 48A, specify that the State shall protect and improve the
environment.
To provide the protection and improvement of environment.

 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

 With all these objectives the basic objective for the formation of EPA
Was “SUSTAINABLE DEVELOPMENT”
 Sustainable development
Sustainable development means to make possible survival of life on earth in
future by saving natural resources.

As these natural resources are getting polluted day by day it will be very difficult
for life to exist on earth in near future.

Thus to save life on earth EPA was formed.

The EPA is a general legislation for environmental protection , more accurately , for
the control of pollution and handling of hazardous substances .

 It gives some powers to the union government and give the major power to the
Central government .
 POWERS PROVIDED BY THE 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)
 POWERS PROVIDED BY THE ACT TO
CENTRAL GOVERNMENT

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.