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ENVIRONMENT PROTECTION ACT

  • January 23, 2021
  • Posted by: OptimizeIAS Team
  • Category: DPN Topics
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ENVIRONMENT PROTECTION ACT

Subject : National Legislations

Context : The National Highways Authority of India (NHAI) has landed in trouble in the Karnataka High Court for claiming in a submission that the Environment Protection Act, 1986 was “passed by Parliament not only for protection of environment but also at the instance of foreign powers” while referring to a UN conference.

Concept :

About the Act

  • In the wake of the Bhopal tragedy, the government of India enacted the Environment Act of 1986.
  • The purpose of the Act is to implement the decisions of the United Nations Conference on the Human Environment of 1972.
  • The decisions relate to the protection and improvement of the human environment and the prevention of hazards to human beings, other living creatures, plants and property.
  • The Act is an “umbrella” for legislations designed to provide a framework for Central Government, coordination of the activities of various central and state authorities established under previous Acts, such as the Water Act and the Air Act.
  • In this Act, main emphasis is given to “Environment”, defined to include water, air and land and the inter-relationships which exist among water, air and land and human beings and other living creatures, plants, micro-organisms and property.
  • “Environmental pollution” is the presence of pollutant, defined as any solid, liquid or gaseous substance present in such a concentration as may be or may tend to be injurious to the environment.
  • “Hazardous substances” include any substance or preparation, which may cause harm to human beings, other living creatures, plants, microorganisms, property or the environment.
  • Through this Act Central Government gets full power for the purpose of protecting and improving the quality of the environment.

Main provisions of the Act

  • The Act empowers the centre to “take all such measures as it deems necessary”.
  • The Act explicitly prohibits discharges of environmental pollutants in excess of prescribed regulatory standards.
  • There is also a specific prohibition against handling hazardous substances except those in compliance with regulatory procedures and standards.
  • The Act provides provision for penalties. For each failure or contravention, the punishment included a prison term up to five years or fine up to Rs. 1 lakh, or both.
  • The Act imposed an additional fine of up to Rs. 5,000 for every day of continuing violation.
  • If a failure or contravention occurs for more than one year, offender may be punished with imprisonment which may be extended to seven years.
  • Section 19 provides that any person, in addition to authorized government officials, may file a complaint with a court alleging an offence under the Act.
  • This “Citizens’ Suit” provision requires that the person has to give notice of not less than 60 days of the alleged offence of pollution to the Central Government.
Environment Protection Act National Legislations

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