September 24, 2020

Importance & Salient Features of the Environment Protection Act 1986: An Overview of the Aims & Objectives

The year 1984, a destructive incident shook the entire nation. A gas leak incident on a December night at UCIL pesticide plant in Bhopal took the lives of nearly four thousand people.

In the wake of this disastrous tragedy, the Government of India authorized the Environment Protection Act of 1986 under Article 253 of the Constitution. The act got passed in March 1986 and on 19 November 1986 came into force.

Now let’s get into a bit more detail and find out the importance and salient features of environment protection act 1986.

Importance of the Environment Protection Act 1986

The purpose and importance of the environmental protection act 1986 is to bolster and encourage the administration, security, upgrade and enlightened utilization of the earth.

The Act talks about recognizing the following factors:

  • Forestalling, relieving and remediating natural effects are significant in making recommendations and taking actions.
  • Delaying sensible ecological security measures should not be an outcome of dangers of genuine or irreparable damage to the natural honesty, absence of complete assurance.
  • Financially or by any other means, every person is responsible for any impacts on nature because of their activities or inaction.
  • Adaptive, responsive, reasonable, timely and effective, these are some of the qualities which must be present in administrative, management and administrative procedures.

The reason for the enforcement of the Act was to execute the choices of the United Nations Conference on the Human Environment. They identify with the security and improvement of the human condition and the counteraction of threats to individuals, other living animals, plants and property.

Chapter and Sections

The Act consists of four chapters and 26 sections. Let’s have look at it.

Chapter 1- Preliminary

This chapter consists of two sections which are section 1 and 2. In section 1, the short title, the extension of the act and the commencement dates are mentioned. It is mentioned that the Act is applicable all over India.

In section 2, definitions of various terms mentioned in the Act is explained. Those terms are

  • Environment
  • Environmental pollutant
  • Environmental pollution
  • Handling
  • Hazardous substance
  • Occupier
  • Prescribed

Chapter 2 – General Powers of the Central Government

Under this chapter comes 4 sections.

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Section

Provisions

3

The power of the Central Government to take environment security and improvement measures.

4

Appointment, powers and functions of officers.

5

Power or rights to give directions.

6

Environmental pollution regulating rules.

Section 5 of the Environment Protection Act

Despite anything contained in some other law yet subject to the arrangements of this Act, the Central Government may, in the activity of its forces and execution of its capacities under this Act, the issue is written bearings to any individual, official or any authority and such individual, official or authority will undoubtedly consent to such directions.

Clarification — For the evasion of questions, it is thus announced that the ability to give headings under this segment incorporates the ability to direct—

  • The cessation, barring or guideline of any industry, activity or process; or
  • Suspense or guideline of the supply of power or water or some other assistance.

Chapter 3 – Prevention, Control and Abatement of Environmental Pollution

There are 11 sections under this chapter.

Section

Provisions

7

No person engaged in industrial or operation activities is allowed to discharge or allow emission of any environmental pollutants in excess of the standard.

8

No one should handle or handle any dangerous substance that doesn’t comply with procedural safeguards.

9

Presenting data to specialists and offices in specific cases.

10

Right or power of entry and exploration.

11

Power to take samples of air, water, soil etc for critical analysis and process to be followed in connection with that.

12

Establishing, recognizing, specifying the functions, procedure and other necessary matters to enable environmental laboratories.

13

Appointment or recognition of Government analysts.

14

Reports signed by Government Analysts.

15

Punishment for repudiation of the provisions of the Act and the guidelines, orders and bearings.

16

Misdeeds of companies.

17

Misdeeds of Government departments.

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