HUKUM TIGERS KA HUKUM

Environment
Protection Act And
Rules, 1986.
ENVIRONMENT PROTECTION ACT, 1986:

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.
INTRODUCTION:
 The Environment (Protection) Act,
1986 authorizes the central
government to protect and improve
environmental quality, control and
reduce pollution from all sources, and
prohibit or restrict the setting and /or
operation of any industrial facility on
environmental grounds.

 The Act was last amended in 1991.

 The environment (protection) rules lay
down procedures for setting standards of
emission or discharge of environmental
pollutants.

 The manufacture, storage, and import of

hazardous rules define the terms used in
this context, and sets up an authority to
inspect, once a year, the industrial activity
connected with hazardous chemicals and
isolated storage facilities.
IMPORTANT DEFINITIONS:


"Environmental pollutant" means any
solid, liquid or gaseous substance
present in such concentration as may
be, or tend to be, injurious to
environment [s-2(b)]

"Environmental pollution" means the
presence in the environment of any
environmental pollutant [s-2(c)]
CENTRAL GOVERNMENT POWER UNDER EP ACT:
 -Coordinate the actions of state
governments
-Execute nationwide programmes.
-Restriction of areas for
industries, etc.
-Inspecting industrial premises,
-preparation of manuals, codes or
guides
Central Government power under EP Act:
The standards of quality of air, water
or soil
the maximum allowable limits of
pollutants
the procedures for the handling of
hazardous substances
The prohibition and restriction on
the location of industries
the procedures and safeguards for
the prevention of accidents
PREVENTION, CONTROL, AND ABATEMENT OF ENVIRONMENTAL
POLLUTION UNDER EP ACT, 1986:

No person/industry is allowed to

pollute the environment. (S-7)

Procedures and processes are laid

down to control pollution. (S-9)

Monitoring authority can carry out

inspections. (S-10)

Power to take samples (as per

prescribed procedure). (S-11)

Samples are tested in environmental

laboratories. (S-12)
STRINGENT PENALTIES AND PUNISHMENTS:
 Whoever contravenes the
provisions of the act-
maximum punishment up to 7
years and penalty up to rs. 1
lakh or rs. 5000 per day for
continued offence. (S-15)

 This act is also applicable to

government departments and
HOD is prosecuted. (S-17)
 SALIENT FEATURES OF THE ACT:
This act deals with criminal
jurisdiction.

Central government is most powerful.

Environmental labs are established or
Standards are laid down by central
govt.,

Hazardous wastes are defined and

special procedure is laid down.
It provides the safe standards for the presence of various pollutants in the environment.
It prohibits the use of hazardous material unless prior permission is taken from the central
government.

It allows the central government to assign authorities in various jurisdictions to carry out the
laws of this act.

The central government has the authority to lay down the standards for different pollutants, and
also the safe limit of emissions or discharge of wastes from industries.
It can restrict the areas in which industries can operate.
It has the power to lay down the safety measures and
procedures for the prevention of accidents, and specify

the protocol and remedies if such an accident occurs.

The central government has the responsibility to carry

out and fund research on environmental pollution.

It needs to establish environmental laboratories.

It is responsible for the collection and dissemination of
information related to environmental pollution.
ENVIRONMENT PROTECTION RULES, 1986:
It provides standards for emission or
discharge etc.
Prohibition and restrictions on
locations. (Based on proximity to
human settlement, ancient
monument, biodiversity etc.)
Procedure to take samples.
Format of environmental lab reports.
Format of environmental audit.
UMBRELLA LEGISLATION:

 Bio medical waste rules, 1998

 Noise pollution rules, 2000
 Ozone depleting substances
rules, 2000
 Battery waste rules, 2001
 Plastic waste rules, 2011
 Electronic waste rules, 2011
IMPORTANT CASES:

 Oleum gas leak case, 1986-

(M.C. Mehta v/s union of india)
 Development allowed-
(sachidanand pandey v/s state of
west bengal, 1987)
 Delhi garbage case, 1996 (B.L.
Wadhera v/s union of india)
 Calcutta tanneries case, 1997
(M.C. Mehta v/s union of india)
 INTERNATIONAL ENVIRONMENTAL NORMS:

Citizen’s right to a decent and healthy

environment- (subhash kumar v/s state
of bihar, 1991)

EIA- several cases are filed against

project proponents.

Intergenerational equity- (himachal

pradesh v/s ganesh wood products, 1996)

Public trust doctrine- (M.I.

Builders pvt. Ltd vs radhey shyam sahu,
1991)
SCHEDULES UNDER EP RULES, 1986:

 Schedule I lays down the

procedures and
 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.
 PARIS AGREEMENT:
The paris agreement was opened for signature
on 22 april 2016 (earth day) at a ceremony in
new york. After the european union ratified
the agreement, sufficient countries had ratified
the agreement responsible for enough of the
world's greenhouse gases for the agreement to
enter into force on 4 november 2016. As of
november 2021, 193 members of the united
nations framework convention on climate
change (UNFCCC) are parties to the
agreement.
PARIS NEGOTIATIONS – PRESENT
SCENARIO:
Due to the impacts of the global novel coronavirus pandemic in 2020, the

UNFCCC postponed most of its major climate meetings until 2021,

including COP (conference of the parties ) 26. The COVID-19 pandemic

has also affected countries’ efforts to put forward the new or enhanced ndcs

due in 2020. On december 12, 2020, the fifth anniversary of the adoption of

the paris agreement, the UN, france, and the united kingdom, the president

of COP 26, co-hosted a virtual global climate summit. National

governments were invited to present more ambitious climate goals, as well

as “green” COVID-19 recovery plans, new finance commitments, and long-

term de- carbonization targets.

PARIS AGREEMENT:

 Adopted in 2015

 Entry into force: 2016

 International (formally binding)

treaty building on Copenhagen
Accord

 Framework agreement
UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE
CHANGE (UNFCCC):
 It is an international environmental treaty to
combat "dangerous human interference with
the climate system", in part by stabilizing
greenhouse gas concentrations in the
atmosphere.

 It was signed by 154 states at the united nations

conference on environment and development
(unced), informally known as the earth summit,
held in rio de janeiro from 3 to 14 june 1992.
PURPOSE OF THE AGREEMENT:

Long-term temperature goal

global peaking and 'climate
neutrality’

Mitigation
Sinks and reservoirs
Adaptation
loss and damage
PRESENTED BY,
1. VIKASH K R
2. AKILESAN N
3. PRASANNA A
4. PAVAN YADAV
5. MUGILAN K
6. HENTRY SAM E
7. KIRAN KUMAR S
8. SELVAKUMAR S
9. SARVESH K
10. YOGESH S
THANK YOU