The Environment Protection Act (EPA), 1986

An Act to provide for the protection and improvement of environment and for matters connected there with:  

Whereas the decisions were taken at the United Nations Conference on the Human Environment held at Stockholm in June, 1972, in which India participated, to take appropriate steps for the protection and improvement of human environment 

India's Environment Protection Act (EPA), 1986

The Environment (Protection) Act, 1986 not only has important constitutionals implications but also an international background.  

This Act may be called the Environment (Protection) Act, 1986. It extends to the whole of India.  

 

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Powers and Functions of the Boards 

(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;  

(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 whatsoever:  

Provided that different standards for emission or discharge may be laid down under this clause from different sources having regard to the quality or composition of the emission or discharge of environmental pollutants from such sources;  

(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;  

(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;  

(x) 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;  

(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;  

(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.  

 

Appointment of officers and their Powers and Functions  

Without prejudice to the provisions, 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.  

 

Power to give directions  

Notwithstanding anything contained in any other law but 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. 

Explanation--For the avoidance of doubts, it is hereby declared that the power to issue directions under this section includes the power to direct--  

(a) the closure, prohibition or regulation of any industry, operation or process; or  

(b) stoppage or regulation of the supply of electricity or water or any other service.  

 

Rules to Regulate Environmental Pollution 

(1) The Central Government may, by notification in the Official Gazette, make rules in respect of all or any of the matters referred 

(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;  

(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; 

(f) the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents. 

 

Prevention, Control and Abatement of Environmental Pollution  

Persons carrying on industry operation, 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.  

 

Environmental Laboratories  

(1) The Central Government 15 May, by notification in the Official Gazette-

(a) establish one or more environmental laboratories;  

(b) recognize one or more laboratories or institutes as environmental laboratories to carry out the functions entrusted to an environmental laboratory under this Act. 

(2) The Central Government may, by notification in the Official Gazette, make rules specifying- 

(a) the functions of the environmental laboratory;  

(b) the procedure for the submission to the said laboratory of samples of air, water, soil or other substance for analysis or tests, the form of the laboratory report thereon and the fees payable for such report; 

(c) such other matters as may be necessary or expedient to enable that laboratory to carry out its functions.

Penalty for Contravention of the Provisions of the Act and the Rules, orders and directions 

(1) Whoever fails to comply with or contravenes any of the provisions of this Act, or the rules made or orders or directions issued there under, 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.  

(2) If the failure or contravention 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