BUSINESS REGULATION

Unit 5. Environment Protection Act

The Environment (Protection) Act was enacted in the year 1986. It was enacted with the main
objective to provide the protection and improvement of environment and for matters
connected therewith. The Act is one of the most comprehensive legislations with pretext to
protection and improvement of environment.

The Constitution of India also provides for the protection of the environment. Article
48A of the Constitution specifies that the State shall endeavour to protect and improve the
environment and to safeguard the forests and wildlife of the country. Article 51 A further
provides that every citizen shall protect the environment

Objectives of the Act :

As mentioned earlier, the main objective of the Act was to provide the protection and
improvement of environment and for matters connected therewith. Other objectives of
implementation of the EPA are

 To enact a general law on the areas of environmental protection which were left uncovered
by existing laws? The existing laws were more specific in nature and concentrated on a
more specific type of pollution and specific categories of hazardous substances rather than
on general problems that chiefly caused major environmental hazards.
 To co-ordinate activities of the various regulatory agencies under the existing laws
 To provide for the creation of an authority or authorities for environmental protection
 To provide a deterrent punishment to those who endanger human environment, safety and
health.

History of Act

 This act was enacted by the Parliament of India in 1986. As the introduction says, "An Act
to provide for the protection and improvement of environment and for matters connected
there with:
 WHEREAS the decisions were taken at the United Nations Conference on the Human
Environment held at Stockholm in June, 1972, in which India participated, to take
appropriate steps for the protection and improvement of human environment.
 AND WHEREAS it is considered necessary further to implement the decisions aforesaid
in so far as they relate to the protection and improvement of environment and the
prevention of hazards to human beings, other living creatures, plants and property". This
was due to Bhopal Gas Tragedy which was considered as the worst industrial tragedy in
India.

SHORT TITLE, EXTEND AND COMMENCEMENT

 This Act may be called the Environment (Protection) Act, 1986.

 "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.
 "Environmental Pollutant" means any solid, liquid or gaseous substance present in such
concentration as may be, or tend to be, injurious to environment;
 "Environmental Pollution" means the presence in the environment of any environmental
pollutant;
 "Handling", in relation to any substance, means the manufacture, processing, treatment,
package, storage, transportation, use, collection, destruction, conversion, offering for sale,
transfer or the like of such substance;
 "Hazardous Substance" means any substance or preparation which, by reason of its
chemical or physio chemical properties or handling, is liable to cause harm to human
beings, other living creatures, plant, micro-organism, property or the environment;
 "Occupier", in relation to any factory or premises, means a person who has, control over
the affairs of the factory or the premises and includes in relation to any substance, the
person in possession of the substance;
 "Prescribed" means prescribed by rules made under this Act

Environmental Pollution and Types of pollution

Pollution is the introduction of contaminants into the natural environment that cause adverse
change. Pollution can take the form of chemical substances or energy, such as noise, heat or
light. Pollutants, the components of pollution, can be either foreign substances/energies or
naturally occurring contaminants.

 Air pollution : Air pollution is the introduction of harmful substances in the air that
results in detrimental impacts to the environmental and humanity. Air pollution simply
makes the air unclean or contaminated. 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. Examples of air
pollutants (substances that pollute the air) include hydrocarbons, organic compounds,
dust particles, carbon monoxide, sulfur oxides, and nitrogen oxides. Air pollution results
from both human and natural activities. Emissions from power plants present a perfect
example of human activities contributing to air pollution whereas volcanic eruptions and
forest fires are some of the natural aspects.
 Water pollution : Water pollution is the act of contaminating water bodies including
rivers, oceans, lakes, streams, aquifers, and groundwater. It occurs when foreign harmful
materials like chemicals, waste matter, or contaminated substances are directly or
indirectly discharged into water bodies.
 Land Pollution : Land pollution is the destruction or decline in quality of the earth’s
land surfaces in term of use, landscape and ability to support life forms. Many times, it
is directly and indirectly caused by human activities and abuse of land resources. Land
pollution takes place when waste and garbage is not disposed off in the right manner
thus, introducing toxins and chemicals on land. It also occurs when people dump
chemical products to soils in the form of herbicides, fertilizers, pesticides, or any other
form of the consumer by-products. Mineral exploitation equally leads to the decline in
quality of the earth’s land surfaces. As such, it has grave consequences for human
health, plant life, and soil quality. Acid rain, construction sites, solid waste, mineral
exploitation, and agricultural chemicals are the primary causes of land pollution.
 Soil Pollution: Soil pollution takes place when chemical pollutants contaminate the soil
or degraded by acts such as mining, clearance of vegetation cover, or topsoil erosion.
Usually, it happens when human activities directly or indirectly introduce destructive
chemicals, substances, or objects into the soil in a way that causes damage to the
immediate earthly environment.
As a consequence, soil losses its value of natural minerals and nutrients
compositions. Soil degradation also contributes to soil pollution, and it occurs as a result
of over-grazing, over-farming, or mining activities. The notable causes of soil pollution
include agricultural farming activities, waste dumping on land, industrial activities,
mining, and acid rain.
 Noise Pollution: Noise pollution is mostly an undesirable sound or sound which
generates horrible discomfort on the ears. Noise pollution is defined as unpleasant and
undesirable sound levels that cause serious discomfort to all living things. It is measured
in decibels (dB). In the contemporary society, noise has become a permanent aspect
owing to the daily activities such as transportation, industrial manufacturing, and
technology. In contrast to the other types of pollution, noise pollution lacks the element
of accumulation in the environment. It merely occurs when sounds waves of intense
pressure reach the human ears and may even affect the body muscles due to sound
vibrations. Noise pollution similarly affects marine and wildlife animals in the same
manner it affects humans, and can even cause their death.
 Thermal Pollution : Thermal pollution occurs when water bodies are degraded in
terms of altering their temperatures. Commonly, it 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. In the current era, thermal
 pollution is a huge menace and is mainly influenced by power plants and industrial
manufacturers that use water as a coolant. Therefore, thermal pollution is one aspect of
the wider subject of water pollution. The alterations of natural water resource
temperatures can have dire consequences on aquatic life and the local ecosystems.
 Industrial Pollution: Industrial pollution is the release of wastes and pollutants
generated by industrial activities into the natural environment including air, water, and
land. The pollutants and wastes from industries encompass air emissions, deposit of
used water into water resources, landfill disposal, and injection of toxic materials
underground. Industrial pollution can adversely damage plants, kill animals, cause
ecosystem imbalance, and degrade the quality of life. They release smoke, effluents,
material wastes, toxic by-products, contaminated residues, and chemical consumer
products that eventually end up in the environment thereby causing pollution.
 Light Pollution : Light pollution occurs due to lengthened and excessive use of
artificial lights, such that it results in the brightening of the skies at night. As a
consequence, it upsets the activities and natural cycles of wildlife and also affects the
welfare of humans. Whenever artificial lights are used where they are not intended, it
causes a nuisance. Light pollution is also referred to as luminous pollution or photo
pollution. The types of light pollution include glare, light trespass, and sky glow.

POWER OF CENTRAL GOVERNMENT TO TAKE MEASURES TO PROTECT

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.
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 there under, 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