The Environment (protection) act ,1986.122MN0707 (1).pptx

The Environment (protection) act ,1986.

1. The Environment (Protection) Act and Rules -1986 RITIK KUMAR SAH 122MN0707 Surface Mine  Environmental Engineering

2. CONTENTS INTRODUCTION OBJECTIVES DEFINITIONS SOURCES AND CAUSES FOR THE POLLUTION GENERAL POWERS OF THE CENTRAL GOVERNMENT ENVIRONMENT PROTECTION RULES, 1986 PENALTY IMPORTANT CASE LAWS REGARDING THE EP ACT CONCLUSION REFERENCES

3. INTRODUCTION An Act to provide for the protection and improvement of the environment and for matters connected therewith. The decisions were taken at the United Nations Conference on the Human Environment held in Stockholm in June 1972, in which India participated, to take appropriate steps for the protection and improvement of the human environment. The Environment (Protection) Act 1986 was introduced after the Bhopal gas tragedy during Rajiv Gandhi was the Prime Minister of our country.

4. The Act came into force on Nov. 19, 1986 and extends to the whole of India. The Act was passed to provide for the protection and improvement of environment and for matters connected there with. The Act gives certain powers to the Central Government to take measures for the purpose of protecting and improving the quality of the environment and to prevent environmental pollution. The Act is an “umbrella” legislation designed to provide a framework for Central Government coordination of the activities of various central and state authorities established under previous laws, such as the Water Act and the Air Act

5. In India, the Bhopal Gas Tragedy of 1984 called for urgent legislation in the field of environment. In this background the Parliament passed the Environment Protection Act, 1986 and the Environment Protection Rules, 1986. https://www.jagranimages.com/images/newimg/02122022/02_12_2022-bhopal_gas_tragedy_mp_23240469_104333827.webp https://img.theweek.in/content/dam/week/webworld/feature/society/2016/august/images/bhopal-gas-tragedy.jpg https://thedailyguardian.com/wp-content/uploads/2023/12/sttory-1-page-4.jpeg

6. OBJECTIVES To protect the forests and wildlife in the country. To improve the quality of life by protecting of environment. To coordinate the activities of the various regulatory agencies already in existence. To appoint environment officers to check environmental pollution. Establishing environmental laboratories.

7. Environment - 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, microorganisms, and property. Environment pollutant - It means any solid, liquid, or gaseous substance present in such concentration as may be injurious to environment pollutants. Hazardous substance - It 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, plants, microorganisms, property, or the environment. Environment pollution - It means the presence of any environmental pollutant in the environment. It includes all extraneous materials that are harmful to human beings, animals and plant life. DEFINITIONS

8. SOURCES AND CAUSES FOR THE POLLUTION Combustion Construction Mining Agriculture Chemical plants Coal-fired power plants Oil refineries Petrochemical plants, Nuclear waste Large livestock farms (dairy cows, pigs, poultry, etc.) PVC factories Plastic factories and other heavy industries are increasingly significant in the pollution equation.

9. GENERAL POWERS OF THE CENTRAL GOVERNMENT Power of central government to take measures to Protect and improve environment. Appointment of officers and their powers and functions Power to give directions Rules to regulate environmental pollution

10. PREVENTION, CONTROL, AND ABATEMENT OF ENVIRONMENTAL POLLUTION Persons carrying on industry operations, etc., not to allow emission or discharge of environmental pollutants in excess of the standards. Persons handling hazardous substances to comply with procedural safeguards Furnishing of information to authorities and agencies in certain cases Powers of entry and inspection Power to take sample and procedure to be followed in connection therewith Environmental laboratories

11. ENVIRONMENT PROTECTION RULES, 1986 It provides standards for emission or discharge etc. Procedure laid down for giving direction under S-5 by Central Govt. Prohibition and restrictions on locations. (based on proximity to human settlement, ancient monument, biodiversity etc.) Procedure to take samples. When any person is filing complaint, format of notice and details about whom to serve the notice etc. Format of Environmental lab reports. Format of Environmental Audit. These Rules lay down further details for implementation of the Act

12. Schedules under EP Rules, 1986 Schedule I - lays down the Procedures and Standards for 87 different industries (e.g. rubber, copper, iron etc.) Schedule II - Noise Standards Schedule III- Standards for Motor Vehicles Schedule IV- General standards for effluents, inland surface, public sewer, land of irrigation, marine coastal areas etc

13. PENALTY Whoever fails to comply with or contravenes any of the provisions of this Act, or the rules made or orders or directions issued thereunder, shall, in respect of each such failure or contravention, be punishable with imprisonment for a term which may extend to five years with fine which may extend to one lakh rupees, or with both, and in case the failure or contravention continues, with additional fine which may extend to five thousand rupees for every day during which such failure or contravention continues after the conviction for the first such failure or contravention. If the failure or contravention referred to in sub-section (1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to seven years.

14. 2. Offences by companies Where any offence under this Act has been committed by a company, every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

15. 3. Offences by Government Departments Where an offence under this Act has been committed by any Department of Government, 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. Not withstanding anything contained in sub-section (1), where an offence under this Act has been committed by a Department of Government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the Head of the Department, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly

16. Important Cases Oleum gas leak case, 1986- (M.C. Mehta v/s Union of India) Mining- Dehradun Valley (quarrying) case, 1987 Development allowed- (Sachidananda Pandey v/s State of West Bengal, 1987) Development stopped- (Bangalore Medical Trust v/s Mundappa , 1991) Vehicular Pollution case, 1991 (M.C. Mehta v/s Union of India) Water- Ganga water pollution case, 1992 Relocation of Industry- (Bayer Ltd. v/s State of Maharashtra, 1994) • Delhi Garbage case, 1996 (B.L. Wadhera v/s Union of India) Shrimp Culture case,1997 (S. Jagannath v/s Union of India)

17. Facts River Palar is a river in the State of Tamil Nadu, which is also one of the main sources of drinking and bathing water for the surrounding people. The petition was filed against excessive pollution caused by tanneries and other industries in the State. The Tamil Nadu Agricultural University Research Centre also revealed that a significant portion of agricultural land had turned either partially or completely unsuitable for cultivation. Issue Should the tanneries and industries be allowed to operate at the expense of damage to the surrounding environment? Vellore Citizens' Welfare Forum v. Union of India (1996)

18. Held The Court highlighted that the main purpose of the Environment Protection Act is to create an authority under Section 3(3) with all the necessary powers and functions to protect and Improve the environment. However, it was disappointing that not enough authorities were appointed for the same. Thus, it directed the Central Government to appoint an authority within one month and confer on it all the adequate powers required to deal with the situation created by tanneries and other polluting industries in Tamil Nadu. It also directed the authority to implement the 'precautionary principle' and 'polluter pays principle'. A fund called 'Environment Protection Fund' was also to be constituted. The compensation received was to be employed for reversing the damage done to the environment and to the victims of the damage.

19. Facts Kanpur has been the hub of tannery business in India for a long time. Most of these industries are located on the southern banks of the river Ganga. These industries have been known to have contaminated the river. In 1985, a matchstick tossed into the river resulted in a massive fire in the river because of the presence of a toxic layer of chemicals formed on its surface. Thus, M.C. Mehta, a famous environment advocate, and an activist filed a petition in the Supreme Court against the tanneries and also the Municipal Corporation of Kanpur to stop them from discharging untreated effluents into the river, polluting it. Issues involved Whether the authorities had been negligent in protecting the river Ganga from pollution? Should the smaller industries be aided financially for the installation of treatment plants and what standards should determine 'smaller industries'? M.C. Mehta v. Union of India (The Ganga Pollution Case) (1988)

20. Held The Court held that there were several laws in force in India that sought to prevent environment pollution including the Environment Protection Act, 1986, and the Water (Prevention and Control of Pollution) Act, 1974. However, the authorities had been negligent in discharging their duties prescribed under these laws. It also observed that the financial capabilities of industries are irrelevant when considering the issue of installing primary treatment plants. Thus, each tannery was directed to at least install primary treatment plants, if not secondary plants. The Court also laid down the following guidelines: 1. It was the duty of the Central Government to direct all the educational institutions across India to teach lessons on environment protection and improvement, at least for an hour every week. 2. Also, the Central Government must publish environment textbooks and distribute them among the students.

21. CONCLUSION This Environment Conservation Act plays an important role in maintaining a balance between the needs and availability of the natural resources in India. Nowadays when the world is suffering from deadly threats like global warming, more Acts like this should be enforced. Even though there are many drawbacks of the Environmental Protection Act 1986, there are ample of advantages too.

22. REFERENCES The Environment (Protection) Act, 1986 by EBC THE ENVIRONMENT (PROTECTION) RULES, 1986 https://blog.ipleaders.in/environment-protection-act-1986-2/ India’s Environment Protection Act, 1986 – An overview – Eco-intelligent™ Analysis of Environment Protection Act - Getlegal India