Environment Protection Act, 1986

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  • Spurred by declining environmental quality and the Bhopal gas disaster, the Environment (Protection) Act, (1986) was enacted to empower the Central Government to take necessary measures to preserve and improve the environment.
  • Passed in March 1986, it came into force on 19 November 1986.

OVERVIEW

  • The Environment Protection Act is an important legislation that provides for coordination of activities of the various regulatory agencies, creation of authorities with adequate powers for environmental protection, regulation of the discharge of environmental pollutants, handling of hazardous substances, etc.
  • The Act provided an opportunity to extend legal protection to non-forest habitats (‘Ecologically Sensitive Areas’) such as grasslands, wetlands and coastal zones.

DEFINITIONS

  1. "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, micro-organism and property;
  2. "environmental pollutant" means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment;
  3. "hazardous substance" means any substance or preparation which, by reason of its chemical or physico-chemical properties or handling, is liable to cause harm to human beings, other living creatures, plant, micro-organism, property or the environment;

POWER OF CENTRAL GOVERNMENT TO TAKE MEASURES TO PROTECT AND IMPROVE ENVIRONMENT

  •  co-ordination of actions by the State Governments
  • planning and execution of a nation-wide programme
  • examination of such manufacturing processes
  • carrying out and sponsoring investigations and research
  •  establishment of environmental laboratories, standards for the quality of environment (See standards related to air,  water, hazardous substaces etc.), manuals and codes.
  • 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
  • Central Government may appoint officers with such designation as it thinks fit for the purposes of this Act

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