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• THE ENVIRONMENT (PROTECTION) ACT, 1986
An Act to provide for the protection and
improvement of environment…
CONTI…
• The Environment (Protection) Act 1986 was
introduced after the Bhopal gas tragedy
during Rajiv Gandhi was the Prime Minister of
our country.
• “Environment it includes water, air and land
and the inter relationship which exists
between water, air and land and human being,
other living creatures, plants, micro organisms
and property”.
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• ENVIRONMEMT It is derived from the French
word “Environner” which means to encircle or
surround. All the biological and nonbiological
entities surrounding us included in
environment. It includes all the physical and
biological surrounding of organism along with
their interaction.
•
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• Sources and causes for the pollution comes from
both natural and man made sources. Though
globally man made pollutants from Combustion,
Construction, Mining, Agriculture,, Chemical
plants, Coal-fired power plants, Oil refineries,
Petrochemical plants, Nuclear waste, Large
livestock farms (dairy cows, pigs, poultry, etc.),
PVC factories, Plastics factories and other heavy
industry are increasingly significant in the
pollution equation.
Requirement of act-1986:
• Increasing the no. of industries in rural areas.
materials/chemicals/heavy metals
• Lack of facility of disposal of harmful gases
from the industries.
• Lack of methods for disposal of waste
materials/chemicals/heavy metals.
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• Lack of methods for treatment of harmful
water.
• Lack of suitable methods for safety prevention
and hazards of persons.
OBJECTIVES
1. Manage the use, development and protection of the
environment in a way that will enable people for their
economic, social and physical well being and for their
health and safety.
2. Safeguarding the life-supporting capacity of air, water,
land.
3. Avoiding, remedying any adverse effects of activities
on the environment
4. To prevent, reduce, minimize and, where practicable,
eliminate harm to the environment.
5. To ensure that all reasonable and practicable measures
are taken to protect, restore and enhance the quality
of the environment.
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6.To promote industry and community
education and involvement in decisions about
the protection, restoration and enhancement
of the environment.
7.To co-ordinate activities, policies and
programmes necessary to prevent, reduce,
minimize or eliminate environmental harm
and
ensure
effective
environmental
protection, restoration and Enhancement
Section-3 POWER OF CENTRAL GOVERNMENT TO TAKE
MEASURES TO PROTECT AND IMPROVE ENVIRONMENT
• 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;
•
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• (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.
• (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 .
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• (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.
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• (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.
Sec. 4 – Appointment of Officers and
their powers and functions
• Sec. 5 – Power of Central Government to Give
Directions
• Sec. 6 – Power of the Central Govt. to Make
Rules – (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.
Sec. 6 – Power of the Central Govt. to
Make Rules
• the standards of quality of air, water or soil for
various areas and purposes.
• the procedures and safeguards for the handling
of hazardous substances .
• the prohibition and restrictions on the handling
of hazardous substances in different areas.
• the prohibition and restriction on the location of
industries and the carrying on process and
operations in different areas.
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• - Prohibition for emission and discharge of
environmental pollutant -- sec. 7 Comply with
procedural safeguards while handling
hazardous substances – sec. 8 Requirement of
furnishing information to the Authorities –
sec. 9
•
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• Power of central govt. to entry and inspection
– sec. 10 Procedures prescribed for taking
samples
–
sec.
11
Establishment
environmental laboratories –Sec. 12 appoint
government analysts -- Sec. 13 Report of the
government analyst may be used as evidence - Sec. 14 Punitive measures – sec. 15
• It provides that any person who fails to
comply or contravenes any of the provisions of
the Act, or the rules made or orders or
directions issued under the act or rules, then
for such failure or contravention, he shall be
punishable:
• With imprisonment for a term which may
extend to 5 years, With fine which may extend
to one lakh rupees, With both.