- The Environment Protection Act of 1986 is a legislative enactment of the Indian Parliament. Enacted in May 1986, it came into force on November 19, 1986, comprising 26 parts and four chapters.
- Widely considered a reaction to the Bhopal gas tragedy, this Act was promulgated by the Government of India under the authority granted by Article 253 of the Indian Constitution.
- This constitutional provision empowers the central government to formulate laws to implement international agreements entered into by the country.
OBJECTIVES OF THE ACT
- Implementing the pivotal resolutions on environmental safety and protection formulated at the United Nations Conference on the Human Environment in Stockholm in June 1972.
- Establishing new authorities dedicated to safeguarding and enhancing the environment, while also coordinating the efforts of existing agencies established under prior legislation.
- Imposing stringent and dissuasive penalties on individuals or entities causing harm to the safety and health of the natural environment.
- Fostering the formulation of subordinate and delegated laws addressing environmentally sensitive issues and promoting environmental protection.
- Encouraging sustainable development by achieving a harmonious equilibrium between overall progress and the conservation of the environment.
SALIENT FEATURES
- Constitutional Foundation:
- The Environmental (Protection) Act, 1986 derives its basis from the Directive Principles of State Policy under Article 48A and Fundamental Duties outlined in Article 51A(g) of the Indian Constitution.
- Central Government Empowerment:
- The Act grants authority to the Central Government to adopt comprehensive measures for the prevention and control of pollution. It also enables the establishment of effective machinery to protect, enhance, and regulate environmental pollution.
- Special Procedure for Hazardous Substances:
- The Act outlines a distinct procedure for managing hazardous substances, mandating strict adherence to its specified protocol.
- Relaxed “Locus Standi” Rule:
- The Environment (Protection) Act of 1986 relaxes the traditional “Locus Standi” rule, allowing even ordinary citizens to approach the Court. This can be done by providing a sixty-day notice of the alleged offense and expressing the intention to file a complaint with the Central Government or another competent authority.
- Immunity for Government Officers:
- Government officers are granted immunity for actions performed under the provisions of the Act or in the exercise of powers and functions assigned by it.
- Restriction on Civil Courts:
- The Act prohibits Civil Courts from entertaining suits or proceedings based on actions, directions, or orders issued by the Central Government or other statutory authorities under its purview.
- Precedence Over Inconsistent Enactments:
- Provisions of the Environment (Protection) Act, along with any rules or orders issued under it, take precedence over anything inconsistent in any other enactment. This underscores the paramount importance of environmental protection in legal considerations.
PROVISIONS UNDER THIS ACT
- Central Government Authority:
- The Central Government holds the authority to take necessary actions for conserving and improving environmental quality in collaboration with State Governments.
- National Environmental Program:
- The central government is empowered to plan and execute a national program for preventing, controlling, and abating environmental pollution.
- Setting Environmental Criteria:
- Establishment of criteria for environmental quality in all components and for the emission or discharge of environmental contaminants from various sources.
- Limitation on Industrial Activities:
- Specifying areas where certain industries, operations, or processes can or cannot be conducted, subject to specified safeguards.
- Appointment of Officials:
- The Central Government may appoint officials for various purposes and assign them corresponding duties and tasks.
- Pollutant Discharge Restrictions:
- Prohibition on the discharge or emission of environmental pollutants exceeding statutory criteria.
- Compliance with Procedural Safeguards:
- Handling hazardous substances must adhere to specified processes and authorized safeguards.
- Establishment of Environmental Labs:
- The Central Government has the authority to establish environmental laboratories and recognize others capable of performing assigned responsibilities.
- Appointment of Government Analyst:
- A Government Analyst is appointed by the Central Government to analyze samples of air, water, soil, or other substances in recognized environmental laboratories.
- Penalties for Violations:
- Offences under the Act may result in imprisonment for up to five years, a fine of up to one lakh rupees, or both.
- Corporate Offences:
- In case of an offence by a company, individuals in direct control of the firm at the time are presumed guilty unless proven otherwise.
- Government Department Offences:
- If a government department commits an offence, the Head of the Department is presumed guilty, unless proven otherwise. Other officers found responsible may be prosecuted and appropriately punished.
- Initiation of Offence Proceedings:
- No court can take notice of any offence under this Act unless a complaint is filed by the Central Government or its authorized authority.
BODIES RELATED TO THIS ACT
- National Environment Appellate Authority (NEAA):
- Formed under the National Environment Appellate Authority Act of 1997 by the Central Government.
- Established to hear appeals related to the restriction of areas for certain industries, activities, or operations under the Environment (Protection) Act of 1986.
- National Green Tribunal (NGT):
- Created in 2010 under the National Green Tribunal Act 2010.
- Established due to the perceived insufficiency of the NEAA and the National Environment Tribunal.
- Specialized in handling environmental disputes efficiently and effectively.
- Hears civil disputes not only under the Environment (Protection) Act of 1986 but also under six additional statutes.
- Genetic Engineering Appraisal Committee:
- Formed under the Environmental Protection Act of 1986 with the nodal ministry being the Ministry of Environment and Forests.
- Principal function is to grant permission for operations involving hazardous chemicals and recombinants in industrial production.
- Responsible for authorizing applications related to the release of genetically modified species and items into the environment, with mandatory field testing before release.
- National Ganga River Basin Authority (NGRBA):
- Established in February 2009 under the Environment (Protection) Act of 1986.
- A central and state planning, funding, monitoring, and coordinating agency.
- Aims to achieve pollution abatement and protection of the Ganga through a river basin approach to planning and management.
- Holds both regulatory and developmental responsibilities, working towards reducing pollution and conserving the Ganga in line with sustainable development goals.
FAQs Regarding the Environment Protection Act 1986:
1-What is the Environment Protection Act of 1986?
A: The Environment Protection Act of 1986 is a legislative enactment by the Indian Parliament, aimed at conserving and improving environmental quality.
2-When was the Act enacted and when did it come into force?
A: The Act was enacted in May 1986 and came into force on November 19, 1986.
3-How many parts and chapters does the Act comprise?
A: The Act comprises 26 parts and four chapters.
4-What are the primary objectives of the Environment Protection Act?
A: The Act aims to implement resolutions on environmental safety from the United Nations Conference in 1972, establish new authorities for environmental protection, impose penalties for harm to the environment, foster laws on environmentally sensitive issues, and encourage sustainable development.
5-What is the constitutional foundation of the Environment Protection Act?
A: The Act is based on the Directive Principles of State Policy under Article 48A and Fundamental Duties under Article 51A(g) of the Indian Constitution.
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