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ENVIRONMENTAL PROTECTION ACT 1986 | The Peoples Chronicle

ENVIRONMENTAL PROTECTION ACT 1986

By: Sarungbam Lucy 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. However, the Environment (Protection) Act, 1986 is the most comprehensive act on the Indian statute book relating to environment protection. It is a general legislation for the protection of environment. It was enacted under Article 253 of the Constitution. The Environment (Protection) Act was enacted in 1986 with the objective of providing for the protection and improvement of the environment. It empowers the Central Government to establish authorities [under section 3(3)] charged with the mandate of preventing environmental pollution in all its forms and to tackle specific environmental problems that are peculiar to different parts of the country. The Act was last amended in 1991. Object and purpose of the Environmental Protection Act 1986 The Environment (Protection) Act, 1986 extends to the whole of India and it came into force on November 19, 1986. After the enactment of Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981, it was thought that there should be a general legislation for environmental protection as well as for coordinating the activities of various regulatory agencies. Need was felt to create authority with adequate power for environment protection, regulation of discharge, handling of hazardous substances, speedy response to accidents threatening environment and deterrent punishment to those who endanger human environment, safety and health. Following are the objectives of EPA, 1986: To implement the decisions made at the U.N. Conference on the Human Environment held at Stockholm in June, 1972. To co-ordinate activities of the various regulatory agencies under the existing laws and creation of an authority or authorities for environment protection. To provide for deterrent punishment to those who endanger human environment, safety and health. To ensure sustainable development is also one of the goals of the EPA, 1986. If the act is not armed with the powers to ensure sustainable development, it will become a barren shell. To enact general law on environmental protection which could cover uncovered gaps in the areas of major environmental hazards as the existing laws generally focused on specific types of pollution or on specific categories of hazardous substances and some major areas of environmental were not covered. In short, the EPA, 1986 aims at protecting and improving the environment and prevention of hazards to human beings, other living creatures, plant and property. IMPORT ANT DEFINIT IONS: 1. Environment [Section 2(a)]: 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, microorganisms and property. 2. Environmental Pollutant [Section 2(b)]: Environmental Pollutant means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment. 3. Environmental Pollution [Section 2(c)]: Environmental pollution means the presence in the environment of any environmental pollutant. 4. Handling [Section 2(d)]: Handling, in relation to any substance, means the manufacture, process, treatment, destruction, conversion, offering for sale, transfer, or the like of such substance. 5. Hazardous Substance [Section 2(e)]: 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. 6. Occupier [Section 2(f)]: 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. POWER OF T HE CENT RAL GOVERNMENT T O T AKE MEASURES T O PROT ECT AND IMPROVE ENVIRONMENT : 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

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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. 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 processes, materials and substances which are likely to cause environmental protection. Carrying out and sponsoring investigations and research relating to problems of environmental pollution. Establishment and recognition of environmental laboratories. Such other 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 authorities to exercise powers and perform functions as mentioned above. The Central Government is also having the power to appoint officers to exercise powers and perform functions under this Act. It is submitted that very wide power has been conferred under section 3(3) of the EPA, on the Central Government to constitute any authority to exercise powers and perform functions mentioned in the act. The Central Govt under this section can implement the suggestion of the SC for establishment of environment courts which alone should be empowered to deal with all the matters, civil and criminal relating to environment. The SC in various cases has directed the Central Govt to constitute authority under section 3(3) of the EPA. In Vellore Citizens Welfare Forum v. Union of India, the SC observed: The main purpose of the EPA is to create an authority or authorities under section 3(3) of the act with adequate power to control pollution and protect the environment. It is pity that till date no authority has been constituted by the Central Govt. Thus, the Court directed the Central Govt. to constitute an authority and confer on this authority all the powers necessary to deal with the situation created by tanneries and other polluting industries in the State of Tamil Nadu. The Central Govt. accordingly constituted the Loss of Ecology (Prevention and Payment of Compensation) Authority for the State of T.N. which was also conferred with the power to implement the polluter pays principle. While explaining the scope of sections 3, 4 and 5 of the EPA, the Bombay HC in Sneha Mandal Co-op Housing Society Ltd. v. Union of India, observed that sections 3,4 and 5 of the EPA authorize the Central Govt. plenary powers to take all steps and measures as it deems necessary or expedient for the purposes of protecting and improving the quality of environment and for the purposes of preventing, controlling and abating environmental pollution. Sec 5 gives specific powers to the Central Govt. for issuing directions in writing time to time to any person, officer or any other authority in connection with the Act which such person is bound to comply with. However, the Central Govt. while issuing the notifications has to balance various interests including economic, ecological, social and cultural. While economic development should not be allowed to take place at the cost of ecology or by causing widespread environment destruction and violation, at the same time, the necessity to preserve ecology and environment should not hamper economic and other development. Both development and environment must go hand in hand. In other words, there should not be development at the cost of environment and vice versa. In M.C. Mehta v. UOI , it was brought to the notice of the court that Ministry of Environment and Forests, GOI under sec 3(3) of the EPA has constituted the Environment Pollution (Prevention and Control) Authority for National Capital Region. The court observed that the step taken by the govt. is appropriate and timely and the above authority will deal with entire matters relating to environmental pollution in the National Capital Territory Region. It was further pointed out that except for the Chairman, Central Pollution Board being an ex-officio member of the authority, the remaining members would be in the Committee not merely by virtue of their office but because of the personal qualifications on account of which they were included in the committee. In S. Jagannath v. UOI , the SC directed the Central Govt. to constitute an authority under Sec 3(3) of the EPA and confer all powers necessary to protect the ecologically fragile coastal area, sea- shore, waterfront and other coastal areas esp. to deal with the situation created by shrimp culture industry in those areas. In M.C. Mehta v. UOI , the SC held that the directions given by the Environment Pollution (Prevention and Control) Authority constituted under sec 3 of the EPA are final and binding on all persons and organizations concerned and they are bound to follow the same. The object and purpose of the act is to provide for the protection and improvement of environment, could only be achieved by ensuring strict compliance with its directions. Therefore, the directions or conditions put forward by the act need be strictly complied with. The Central Govt. has also the power to make rules to regulate environment pollution. The govt. in exercise of this power has already enacted The Environment (Protection) Rules, 1986 which also came into effect on November 19, 1986. OFFENCES AND PENALT IES: 1. Penalty for contravention of the provisions of the Act, Rules, Orders and Directions: One of the objectives of EPA is to provide for deterrent punishment to those who endanger human environment, safety and health. Sec 15 of the EPA 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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a) With imprisonment for a term which may extend to 5 years, b) With fine which may extend to one lakh rupees, c) With both. 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. 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. 2. Offences by Companies and Government Departments: Sec 16 of EPA incorporates the principle of vicarious liability of the person in charge, 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. However, the person in charge of responsible for the conduct of business of the company is no held liable if he proves: a) That the offence was committed without his knowledge, b) That he exercised all due diligence/ care to prevent the commission of such offence. In Suo Motu v. Vatva Industries Asson,it was held that the pollution control board and its officers are free and competent to take action against any person on violating any provisions of the environmental laws. They need not wait for any direction of the court for taking action under the law. 3. Who can make the Complaint? A complaint under this act can be made by: a) The central govt. or any other authority by that govt. or, b) Any person who has given notice of not less than 60 days of the alleged offence and of his intention to make complaint to the Central Govt. or the authorized officer. CONCLUSION: In conclusion, environment pollution is affecting not only individual but also entire countries all over the world. The awareness towards improving the quality of environment has increased substantially and all efforts are being made at different levels to minimize environmental pollution and thus help in improving the quality of life. Management of environment means the proper utilization, conservation, preservation, control and recycling of the resources for maintaining a balanced ecosystems. The main focus of environment management is, thus, to avoid the over-use, misuse and abuse of the natural resources. The effective environmental management is the optimum allocation of finite resources among the various possible uses and it has to be based on scientific and technological approach which takes full note of socioeconomic parameters and compulsions. Environmental management is an interdisciplinary approach to resource conservation and it acts as a regulatory force on human wantonness in resource wasting. In India the Twelfth Five Year Plan has emphasized the need for sound environmental management which includes environmental planning, protection, monitoring, assessment, research, education, and conservation as major guiding factors for national development. Environmental pollution is a world-wide phenomenon; therefore, there is a need to have a coordinated administrative structure from international level to national levels so that the environmental problems may be tackled in a coordinated and co-operative way. to be continued Sarungbam Lucy is a BSc, LLM with Specialised in Environmental Law and Legal Order
Post ed by Keich a Kh u m a n n g a m ba on Ma r ch 7 , 2 0 1 3 . Filed u n der A r t icle. Y ou ca n follow a n y r espon ses t o t h is en t r y t h r ou g h t h e RSS 2 .0 . Y ou ca n lea v e a r espon se or t r a ck ba ck t o t h is en t r y

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