Chapter – V

ENVIRONMENT PROTECTION ACT 1986

Environment Law

Instrument to protect and improve the environment and control or prevent any act
or omission polluting or likely to pollute the environment.

Objectives of the Environment Protection Act 1986

1. It aims at protecting and improving the environment and prevention of

hazards to human being, other living creatures, plant and property.

2. Creation of an authority or authorities with adequate powers for

environmental protection.

3. To ensure sustainable development of the environment

4. To enact general law on environmental protection for regulation of discharge

of environmental pollutants and handling hazardous substances.

5. To Co-ordinate activities of various Regulatory Agencies.

6. To Monitor all Industrial and Commercial activities which dependent on the

environment resources

7. Speedy response in the event of accidents threatening environmental

pollutants and to provide for disincentive punishment to those who imperil
human environment, safety and healthy.

DEFINITIONS:

Environment – According to the Environment Protection Act 1986 defines

‘Environment includes water, air, land and inter relationship with exists among
between water, air, land and human beings other living creatures, plants, micro
organism and property’

Environment Pollutant – ‘Any solid, liquid or gaseous substance present, such

concentration may be, bend be injurious environment’
Environment Pollutions – ‘Presence in the environment of any environment
pollutants’

Hazardous Substance – ‘Any substance or preparation which, by reason of its

chemical is liable to cause harm to human beings other living creature, property of
environment’

Occupier – ‘Refers any factory or premises that means a person which has control
over the affairs of the factory.

TYPES OF POLLUTION

1. Air pollution

It occurs when harmful substances such as foreign gases, odours, dust, or fumes
are released in the air at levels that can harm the comfort or health of animals and
humans, or even destroy plant life. Air pollution results from both human and
natural activities.

It is caused by:

• Emissions from manufacturing industries and power plants,

• Vehicular emissions,
• Smoking,
• Natural events such as volcanic eruptions and wildfire, and burning of waste
materials such as wood, rubber and plastics.
• The common air pollutantsinclude hydrocarbons, volatile organic
compounds (VOCs), dust particles, carbon monoxide, sulfur oxides,
particulate matter, chlorofluorocarbons (CFCs), and nitrogen oxides.
 2. Water pollution

Water pollution is the act of contaminating water bodies namely rivers,

oceans, lakes, streams, aquifers, and groundwater.

The causes of water pollution include:

 The discharge of industrial waste in water bodies

 Agricultural pollution: practices such as the use of pesticides and other
agrochemicals that get washed into water systems or infiltrate into
groundwater
 Discharge and dumping of waste materials and home made products such
as plastics and detergents into water bodies
 Oil spills
 Natural disasters such as floods and hurricanes that lead to intermixing of
water with dangerous substances on the land
 Sediments from soil erosion.

3. Noise Pollution
Noise pollution is mostly an undesirable sound or sound which generates
horrible discomfort on the ears. It is measured in decibels (dB) and sound
levels beyond 100 dB can cause permanent hearing loss. The industrial
sound limit according to the World Health Organization (WHO) is 75 dB.

4. Thermal Pollution

Thermal Pollution occurs when water bodies are degraded in terms of

altering their temperatures. It commonly happens when people or industries
undertake activities that suddenly decrease or increase the temperature of a
natural water body which may include lakes, rivers, oceans or ponds.
Global warming:
Meaning:
Global warming is the increase in the surface and atmospheric temperature
generally caused by presence of excess amount of greenhouse gases (such as
carbon-di-oxide (CO2), Chlorofluorocarbons (CFCs), etc.) and other pollutants
resulting in a change in climate, greenhouse effect, and other negative
consequences on the environment.

Causes of Ozone Layer depletion:

1. Chlorofluorocarbons (CFCs)Chlorofluorocarbons (CFCs) are the primary

cause for the ozone layer depletion. Industrial products including solvents, soaps,
spray aerosols, insulating foams, ‘take-away’ containers and cooling utilities such
as refrigerators and air conditioners use chlorofluorocarbons (CFCs). Over time,
these substances accumulate in the atmosphere are carried by wind action into the
stratosphere.

2. The ODS There are also other chemical substances that are generally grouped
as Ozone Depleting Substances (ODS). Examples are methyl bromide use in
pesticides, methyl chloroform used on making industrial solvents, and halons used
in fire extinguishers. Just like the chlorofluorocarbons (CFCs), these substances
also chemically react with the ozone which starts a chemical cycle that break up
the good ozone.

3. Other chemicals Other chemicals that naturally present similar reactions with
the good ozone include Clx, Hox and Noy which belong to the Chlorine, Hydrogen
and Nitrogen families respectively.

Carbon Trade:Carbon trading is the process of buying and selling permits and
credits to emit carbon dioxide. It has been a central pillar of the EU’s efforts to
slow climate change.
General Powers and Rules to Regulate Environmental Pollution:
(1) The Central Government may, by notification in the Official Gazette, make
rules in respect of all or any of the matters referred to in section 3.
(2) In particular, and without prejudice to the generality of the foregoing power,
such rules may provide for all or any of the following matters, namely: -
(a) The standards of quality of air, water or soil for various areas and
purposes;
(b) The maximum allowable limits of concentration of various
environmental pollutants (including noise) for different areas;
(c) The procedures and safeguards for the handling of hazardous substances;
(d) The prohibition and restrictions on the handling of hazardous substances
in different areas;
(e) The prohibition and restrictions on the location of industries and the
carrying on of processes and operations in different areas;
(f) The procedures and safeguards for the prevention of accidents which may
cause environmental pollution and for providing for remedial measures for
such accidents.
Sec 3. Power of Central Government to take Measures to Protect and Improve
Environment:
(1) Subject to the provisions of this Act, the Central Government shall have the
power to take all such measures as it deems necessary or expedient for the purpose
of protecting and improving the quality of the environment and preventing,
controlling and abating environmental pollution.
(2) In particular, and without prejudice to the generality of the provisions of sub-
section (1), such measures may include measures with respect to all or any of the
following matters, namely:
(i) Co-ordination of actions by the State Governments, officers and other
authorities –
(a) Under this Act, or the rules made thereunder; or
(b) Under any other law for the time being in force which is relatable
to the objects of this Act;
(ii) Planning and execution of a nation-wide programme for the prevention,
control and abatement of environmental pollution;
(iii) Laying down standards for the quality of environment in its various
aspects;
 (iv) Laying down standards for emission or discharge of environmental
pollutants from various sources whatsoever:
Provided that different standards for emission or discharge may be laid down
under this clause from different sources having regard to the quality or
composition of the emission or discharge of environmental pollutants from
such sources;
(v) Restriction of areas in which any industries, operations or processes, or
class of industries, operations or processes shall not be carried out or shall be
carried out subject to certain safeguards;
(vi) Laying down procedures and safeguards for the prevention of accidents
which may cause environmental pollution and remedial measures for such
accidents;
(vii) Laying down procedures and safeguards for the handling of hazardous
substances;
(viii) Examination of such manufacturing processes, materials and
substances as are likely to cause environmental pollution;
(ix) Carrying out and sponsoring investigations and research relating to
problems of environmental pollution;
(x) Inspection of any premises, plant, equipment, machinery, manufacturing
or other processes, materials or substances and giving, by order, of such
directions to such authorities, officers or persons as it may consider
necessary to take steps for the prevention, control and abatement of
environmental pollution;
(xi) Establishment or recognition of environmental laboratories and
institutes to carry out the functions entrusted to such environmental
laboratories and institutes under this Act;
(xii) Collection and dissemination of information in respect of matters
relating to environmental pollution;
(xiii) Preparation of manuals, codes or guides relating to the prevention,
control and abatement of environmental pollution;
(xiv) Such other matters as the Central Government deems necessary or
expedient for the purpose of securing the effective implementation of the
provisions of this Act.
(3) The Central Government may, if it considers it necessary or expedient so to do
for the purposes of this Act, by order, published in the Official Gazette, constitute
an authority or authorities by such name or names as may be specified in the order
for the purpose of exercising and performing such of the powers and functions
(including the power to issue directions under section 5) of the Central
Government under this Act and for taking measures with respect to such of the
matters referred to in sub-section (2) as may be mentioned in the order and subject
to the supervision and control of the Central Government and the provisions of
such order, such authority or authorities may exercise the powers or perform the
functions or take the measures so mentioned in the order as if such authority or
authorities had been empowered by this Act to exercise those powers or perform
those functions or take such measures.