ENVIRONMENT PROTECTION ACT-1986

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ENVIRONMENT PROTECTION ACT-1986 PRESENTED BY MANOJ KUMAR

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ENVIORNMENT PROTECTION ACT -1986

ENVIRONMEMT: 

ENVIRONMEMT It is derived from the French word “Environner” which means to encircle or surround. All the biological and nonbiological entities surrounding us included in environment. It includes all the physical and biological surrounding of organism along with their interaction.

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Historical development of Act-1986 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

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It is passed in March 1986 and came into force on 19 Nov. 1986. it is the duty of the state to ‘protect and improve the environment and to safeguard the forests and wildlife of the country’. Thereafter a large number of laws came into existence as the problems began arising, or example, Handling and Management of Hazardous Waste Rules in 1989.

Requirement of act-1986: 

Requirement of act-1986 Increasing the no. of industries in rural areas. Lack of facility of disposal of harmful gases from the industries. Lack of methods for disposal of waste materials/chemicals/heavy metals.

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Lack of methods for treatment of harmful water. Lack of suitable methods for safety ,prevention and hazards of persons.

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OBJECTIVES: (1) Manage the use, development and protection of the environment in a way that will enable people for their economic, social and physical well being and for their health and safety. (2) Safeguarding the life-supporting capacity of air, water, land.

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(3) Avoiding, remedying any adverse effects of activities on the environment (4)To prevent, reduce, minimize and, where practicable, eliminate harm to the environment. (6) To ensure that all reasonable and practicable measures are taken to protect, restore and enhance the quality of the environment.

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(7) To promote industry and community education and involvement in decisions about the protection, restoration and enhancement of the environment. (8)To co-ordinate activities, policies and programmes necessary to prevent, reduce, minimize or eliminate environmental harm and ensure effective environmental protection, restoration and Enhancement.

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SCHEME OF THE ACT:  (A) The Environment (Protection) Act, 1986 has 26 Sections and it has been divided into four chapters relating to-

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Chapter I – Secs. 1 and 2 ( Preliminary) Chapter II – Secs. 3 to 6 ( General Powers Of The Central Government) Chapter III – Secs. 7 to 17 ( Prevention,control, And Abatement Of Environmental Pollution) Chapter IV – Secs. 18 to 26 ( Miscellaneous)

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(B) Seven Schedules dealing with emission standards of air, noise, effluents etc. have been appended to the Act. (C) Various Rules Including Environment (Protection) Rules have been framed under the Act

PRELIMINARY:  : 

PRELIMINARY:  Short title , Extent and Commencement:   The Environment Protection Act (1986) Enacted under article 253 of the Indian constitution. To protect and improve environmental quality, control and reduce pollution from all sources.

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(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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IMPORTANT TERMS USE IN ACT-1986

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ENVIRONMENT Definition :- According to (sec.2a):- “Environment it includes water, air and land and the inter relationship which exists between water, air and land and human being, other living creatures, plants, micro organisms and property”.

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Environmental Pollutant According to [Section 2(b)]: Definition- Environmental Pollutant means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment.

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Environment pollution According to(sec.2c):- Definition- It means the presence of any environmental pollutant in the environment. It includes all extraneous (forging) materials that are harmful to human being ,animals and plants life. .

Handling: 

Handling According to Section 2(d)- Definition- Handling, in relation to any substance, means the manufacture, process, treatment, destruction, conversion, offering for sale, transfer, or the like of such substance.

Hazardous Substance: 

Hazardous Substance According to Section 2(e)- Definition- Hazardous substance means any substance or preparation which, by reason of its chemical or physicochemical properties or handling, is likely to cause harm to human beings, other living creatures, plants, microorganisms, property, or the environment.

Occupier: 

Occupier According to Section 2(f)- Definition- Occupier in relation to any factory or premises means a person who has control over the affairs of the factory or premises and includes, in relation to any substance, the person in possession of the substance .  

General Powers of the Central Government: 

To take all necessary measures for prevention, control and abatement of environmental pollution. Sec. 3(1) Such measures are enlisted in sec. 3(2) Authorities can be constituted . Sec. 3(3) Appointment of Officers. Sec. 4 to issue Directions and orders. Sec. 5 To make Rules. Sec. 6 General Powers of the Central Government

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Section-3 POWER OF CENTRAL GOVERNMENT TO TAKE MEASURES TO PROTECT AND IMPROVE ENVIRONMENT

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(1) Subject to the provisions of this Act, the Central Government, shall have the power to take all such measures as it deems necessary or expedient for the purpose of protecting and improving the quality of the environment and preventing, controlling and abating environmental pollution.

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(2) In particular, and without prejudice to the generality of the provisions of sub-section (1), such measures may include measures with respect to all or any of the following matters, namely:--

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(i) co-ordination of actions by the State Governments, officers and other authorities-- (a) under this Act, or the rules made there under, or (b) under any other law for the time being in force which is relatable to the objects of this Act;

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(ii) planning and execution of a nation- wide programme for the prevention, control and abatement of environmental pollution; (iii) laying down standards for the quality of environment in its various aspects; (iv) laying down standards for emission or discharge of environmental pollutants from various sources.

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(v) restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards. (vi) laying down procedures and safeguards for the prevention of accidents which may cause environmental pollution and remedial measures for such accidents.

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(vii) laying down procedures and safeguards for the handling of hazardous substances. (viii) examination of such manufacturing processes, materials and substances as are likely to cause environmental pollution. (ix) carrying out and sponsoring investigations and research relating to problems of environmental pollution .

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inspection of any premises, plant, equipment, machinery, manufacturing or other processes, materials or substances and giving, by order, of such directions to such authorities, officers or persons as it may consider necessary to take steps for the prevention, control and abatement of environmental pollution.

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(xi) establishment or recognition of environmental laboratories and institutes to carry out the functions entrusted to such environmental laboratories and institutes under this Act. (xii) collection and dissemination of information in respect of matters relating to environmental pollution.

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(xiii) preparation of manuals, codes or guides relating to the prevention, control and abatement of environmental pollution. (xiv) such other matters as the Central Government deems necessary or expedient for the purpose of securing the effective implementation of the provisions of this Act.

Sec. 4 – Appointment of Officers and their powers and functions: 

Sec. 4 – Appointment of Officers and their powers and functions (1)Without prejudice to the provisions of sub-section (3) of section 3, the Central Government may appoint officers with such designation as it thinks fit for the purposes of this Act and may entrust to them such of the powers and functions under this Act as it may deem fit.

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(2) The officers appointed under sub-section (1) shall be subject to the general control and direction of the Central Government or, if so directed by that Government, also of the authority or authorities, if any, constituted under sub- section (3) of section 3 or of any other authority or officer.

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Sec. 5 – Power of Central Government to Give Directions- subject to the provisions of this Act, the Central Government may , in the exercise of its powers and performance of its functions under this Act, issue directions in writing to any person, officer or any authority and such person, officer or authority shall be bound to comply with such directions.

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Sec. 6 – Power of the Central Govt. to Make Rules – (1) The Central Government may, by notification in the Official Gazette, make rules in respect of all or any of the matters referred to in section 3.

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(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) the standards of quality of air, water or soil for various areas and purposes. (b) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas .

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(c) the procedures and safeguards for the handling of hazardous substances . (d) the prohibition and restrictions on the handling of hazardous substances in different areas. (e) the prohibition and restriction on the location of industries and the carrying on process and operations in different areas.

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Prevention, Control and Abatement of Environmental Pollution- Prohibition for emission and discharge of environmental pollutant -- sec. 7 Comply with procedural safeguards while handling hazardous substances – sec. 8 Requirement of furnishing information to the Authorities – sec. 9

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Power of central govt. to entry and inspection – sec. 10 Procedures prescribed for taking samples – sec. 11 Establishment environmental laboratories –Sec. 12 appoint government analysts -- Sec. 13 Report of the government analyst may be used as evidence -- Sec. 14 Punitive measures – sec. 15

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Sec. 10 – Power of entry and inspection Subject to the provisions of this section, any person empowered by the Central Government , shall have a right to enter and inspected at all reasonable time in any industries.

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Sec. 11 – Procedure for Taking Samples any officer empowered by central government ,shall have power to take samples for the purpose of analysis, samples of air, water, soil or other substance from any factory, premises or other place in such manner as may be prescribed.

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Subject to the provisions of sub-section (4), the person taking the sample under sub-section (1) shall-- (a) serve on the occupier or his agent or person in charge of the place, a notice, then and there, in such form as may be prescribed, of his intention to have it so analysed; (b) in the presence of the occupier of his agent or person, collect a sample for analysis;

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(c) cause the sample to be placed in a container or containers which shall be marked and sealed and shall also be signed both by the person taking the sample and the occupier or his agent or person; (d) send without delay, the container or the containers to the laboratory established or recognised by the Central Government under section 12.

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Sec. 12-empowers the central government to establish environmental laboratories. Sec. 13 -of the Act empowers the central government to appoint government analysts Sec. 14- provides that the report of the government analyst may be used as evidence .

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Sec. 15 of the Act provides for penalties- It provides that any person who fails to comply or contravenes any of the provisions of the Act, or the rules made or orders or directions issued under the act or rules, then for such failure or contravention, he shall be punishable:-

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With imprisonment for a term which may extend to 5 years, With fine which may extend to one lakh rupees, With both.

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In case the failure or contravention continues after the conviction for first failure or contravention, an additional fine which may extend to five thousand for every day can be imposed for a period during which failure or contravention continues.

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If the failure or contravention continues beyond a period of one year after conviction, the offender shall be punishable with imprisonment for a term which may extend to seven years.

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Sec.16 – offences by companies EPA incorporates the principle of “vicarious liability” of the person incharge , Director, Manager, Secretary or other officer, for the offence if committed by the company. When any offence is committed by the company then the company as well as the person directly in charge of and responsible for the conduct of the business of the company shall be deemed to be liable to punishment.

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the person in charge of responsible for the conduct of business of the company is no held liable if he proves: That the offence was committed without his knowledge That he exercised all due diligence/ care to prevent the commission of such offence.

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Sec. 17 – offences by govt. departments Provides for offences committed by govt. departments Sec. 16(1) – Head of the department shall be deemed to be guilty. Sec. 16(2) – attributes liability to other officers responsible for commission of offences

Chapter iv– Miscellaneous provisions : 

Chapter iv– Miscellaneous provisions Sec.18. Protection of action taken in good faith Sec.19. Cognizance of offences Sec.20. Information, reports or returns Sec.21. Members, officers and employees of the authority constituted under section 3 to be public servants Sec.22. Bar of jurisdiction

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Sec.23. Powers to delegate Sec.24. Effect of other laws Sec.25. Power to make rules Sec.26. Rules made under this act to be laid before parliament

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THANKS