B.

M LAW COLLEGE

B.A. LL.B 9TH SEMESTER

SUBJECT- Environment Protection and Law

TOPIC – Environment Protection Act, 1986

SUBMITTED BY- SUBMITTED TO-

Vasundhara Gopa Mrs. Ritu Modi

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 Acknowledgement

I have taken efforts in this project. However, it would not have been
possible without the kind support and help of many individuals and
organizations. I would like to extend my sincere thanks to all of them.

I am highly indebted to Mrs. Ritu Modi for their guidance and

constant supervision as well as for providing necessary information
regarding the project and also for their support in completing this
project. I would like to express my gratitude towards my parents and
members of BM Law College for their kind cooperation and
encouragement which help me in completion of this project. My thanks
and appreciations also go to my fellow mates in developing the project
and people who have willingly helped me out with their abilities.

Vasundhara Gopa
B.A.LL.B (9th semester )

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 Certificate

This is to certify that this project has been made by Vasundhara Gopa of
B.A LL.B [9th Semester].
Under my guidance and have been completed successfully.

Mrs. Ritu Modi

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  Introduction

The Environment Protection Act, 1986 is an Act of the Indian Parliament. It was passed in May 1986 and
went into effect on November 19, 1986. It is divided into 26 parts and four chapters. The Act is largely
regarded as a response to the Bhopal gas spill.

 Environment (Protection) Act, 1986 – Background

1. The Environment (Protection) Act was passed in 1986 with the primary goal of protecting and
improving the environment, as well as matters related to it.
2. The original Indian Constitution had no provision for the protection of the natural environment.
3. The 42nd Amendment to the Constitution, on the other hand, included the conservation of the
environment, including forests, lakes, rivers, and animals, as a duty of the people of the country.
4. This amendment also included additional Directive Principles of State Policy, one of which was
Article 48A, which required the State to maintain and develop the environment, as well as to
protect forests and animals.
5. These changes were the consequence of the 1972 United Nations Conference on the Human
Environment in Stockholm.
6. In comparison to all prior environmental legislation, the Environment (Protection) Act of 1986 is
a more effective and aggressive approach to combat pollution.
7. The Act allows the Central Government to take all required steps to prevent and regulate
pollution, as well as to build effective machinery for the purpose of protecting, improving, and
regulating environmental pollution

 Environment (Protection) Act, 1986 – Objectives

1. Tout into action the major decisions made on environmental safety and protection at the United
Nations Conference on the Human Environment in Stockholm in June 1972.
2. To establish new authorities for the aim of protecting and developing the environment, as well
as to coordinate the actions of already established agencies established under earlier laws.
3. To impose severe and deterrent punishment on those who damage the natural environment's
safety and health.
4. To promote the development of subordinate and delegated laws on environmentally sensitive
themes and environmental protection.
5. To encourage sustainable development, that is, to strike a balance between overall
development and environmental conservation.

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  Need for an Environmental Protection Act

1. India previously had some environmental legislation, but there was a need for comprehensive
legislation that covered the gaps in the current laws.
2. As a result, it was passed to bring broad law in environmental protection and cover other
significant areas of previously revealed environmental concerns.
3. The Stockholm Conference, which brought to international attention the impact of human
activities on the environment was also one of the reasons for this act.
4. Development and the environment were at a crossroads, and the conference highlighted the
importance of reconciling them for the good of people and the earth as a whole.
5. The Bhopal Gas Tragedy was another reason. It was about an oleum gas leak from an industry
that proved disastrous to the people and the environment.
6. This instance highlighted the significance of regulating enterprises so that they may not simply
escape penalty for inflicting environmental harm.
7. Furthermore, the need was recognised because, while India had various environmental laws,
such as the Air Act and Water Act, there was no overall legislation that integrated and
coordinated their activities and duties.

 Environment (Protection) Act, 1986 - Salient Features

1. The Environmental (Protection) Act, 1986 has its origins in the Indian Constitution's Article 48A
(Directive Principles of State Policy) and Article 51A (g) (Fundamental Duties).
2. The Act empowers the Central Government to take all appropriate measures to prevent and
control pollution, as well as to establish effective machinery for the purpose of protecting,
improving, and controlling environmental pollution.
3. The Act specifies a special procedure for handling hazardous substances, and the person in
question is required to follow the Act's procedure.
4. The Environment (Protection) Act of 1986 relaxed the rule of "Locus Standi," and as a result,
even a common citizen can approach the Court if he gives a sixty-day notice of the alleged
offence and his intention to file a complaint with the Central Government or any other
competent authority.
5. The Environment (Protection) Act of 1986 provides immunity to government officers for any act
performed under the provisions of this Act or under the powers vested in them or functions
assigned to them by this Act.
6. The Act prohibits Civil Courts from hearing any suit or proceeding based on an action, direction,
or order issued by the Central Government or another statutory authority under this Act.
7. The provisions of this Act, as well as any rules or orders issued under it, take precedence over
anything inconsistent in any other enactment.

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  Environment (Protection) Act, 1986 - The Umbrella act
The Environment Protection Act is referred to as a "Umbrella Act" for the following reasons:

1. Rather than focusing on individual issues, it creates the essential framework for planning and
implementing large-scale initiatives to conserve and improve the total environment.
2. It establishes collaboration between the Central government, state governments, and bodies
formed under previous environmental legislation.
3. It fills the void left by numerous other pieces of law, such as the Water Act and the Air Act. It
links them and increases their effectiveness.
4. It is a large and comprehensive piece of legislation that includes the definitions, authorities, and
obligations of the central government in relation to the environment, as well as punitive
measures.

 Environment (Protection) Act, 1986 – Provisions

1. Thentral Government shall have the authority to take whatever actions deemed necessary or
expedient for the purpose of conserving and improving the quality of the environment in
collaboration with the State Governments.
2. The central government is also empowered to:
a) plan and carry out a national programme for environmental pollution prevention, control,
and abatement.
b) Set criteria for environmental quality in all of its components.
c) Establish criteria for the emission or discharge of environmental contaminants from diverse
sources.
d) The limitation of the areas in which any industry, operation, or process, or class of
industries, operations, or processes, shall/shall not be carried out subject to specified
safeguards.
3. Under this Act, the Central Government may appoint officials for different reasons and entrust
them with the associated duties and tasks.
4. Pollutant Discharge Restrictions: No individual or organisation shall discharge/emit or enable the
discharge/emission of any environmental pollutant in excess of the statutory criteria.
5. Compliance with Procedural Safeguards: No person shall handle or be caused to handle any
hazardous substance unless in accordance with the process and in accordance with the
authorised safeguards.

6. Establishment of Environmental Labs: According to the Act, the Central Government has the
authority to establish environmental laboratories.
a) Recognize any laboratory or institute as an environmental laboratory capable of carrying
out the responsibilities assigned to it.

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 b) The Central Government may also issue guidelines defining the functions of
environmental laboratories.
7. Appointment of a Government Analyst: The Central Government appoints a Government
Analyst to analyse samples of air, water, soil, or other substances delivered to a recognised
environmental laboratory.
8. Penalties for Violations: Non-compliance or violation of any of the Act's requirements is deemed
an offence. Any violation of the EPA is punished by imprisonment for up to five years or a fine of
up to one lakh rupees or both.
9. Offences Committed by Companies: If a company commits an offence under this Act, every
person directly in control of the firm at the time of the offence is presumed to be culpable
unless proven otherwise.
10. Offences by Government Departments: If any Department of Government commits an offence
under this Act, the Head of the Department (HoD) is presumed to be culpable of the offence
unless proven otherwise.
11. If any officer other than the HoD is found to be responsible, he or she will be prosecuted and
punished appropriately.
12. Offences: No Court shall take notice of any crime under this Act unless the Central Government
or any authority acting on its behalf files a complaint.

 Bodies Related to Environment (Protection) Act

National Green Tribunal (NGT)

 The NEEA (together with the National Environment Tribunal) was determined to be insufficient,
resulting in a need for a new organisation to handle environmental disputes more efficiently and
effectively.
 As a result, the National Green Tribunal (NGT) was formed in 2010 under the National Green
Tribunal Act 2010 for the effective and timely resolution of environmental protection matters.
 In addition to the Environment (Protection) Act of 1986, the NGT hears civil disputes under six
additional statutes.

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  Conclusion

The Environment (Protection) Act was passed with the primary purpose of conserving and enhancing the
environment and associated issues. The Act empowers the Central Government to make all necessary
efforts to avoid and control pollution, as well as to construct effective machinery to protect, improve,
and regulate environmental pollution.

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  References

1. https://prepp.in/news/e-492-environment-protection-act-1986-environment-
notes#Objectives
2. https://blog-ipleaders-in.cdn.ampproject.org/v/s/blog.ipleaders.in/environment-
protection
3. https://www.teamleaseregtech.com/resources/acts/article/23/the-environment-
protection-act-1986-the-environment-protection-rules-1/