The Environment Protection Act, 1986 is an Act of the Indian Parliament. It was passed in May 1986 and went into effect on November 19, 1986. It is divided into 26 parts and four chapters. The Act is largely regarded as a response to the Bhopal gas spill. The Act was enacted by the Government of India in accordance with Article 253 of the Indian Constitution, which authorises the union government to establish legislation to give effect to foreign agreements made by the country. This article will explain to you about the Environment (Protection) Act, 1986 which will be helpful in preparing the Environment Syllabus for the UPSC Civil Service exam.

Environment (Protection) Act, 1986 - Objectives

• To put into action the major decisions made on environmental safety and protection at the United Nations Conference on the Human Environment in Stockholm in June 1972.
• To establish new authorities for the aim of protecting and developing the environment, as well as to coordinate the actions of already established agencies established under earlier laws.
• To impose severe and deterrent punishment on those who damage the natural environment's safety and health.
• To promote the development of subordinate and delegated laws on environmentally sensitive themes and environmental protection.
• To encourage sustainable development, that is, to strike a balance between overall development and environmental conservation.

Need for an Environmental Protection Act

• India previously had some environmental legislation, but there was a need for comprehensive legislation that covered the gaps in the current laws.
• As a result, it was passed to bring broad law in environmental protection and cover other significant areas of previously revealed environmental concerns.
• The Stockholm Conference, which brought to international attention the impact of human activities on the environment was also one of the reasons for this act.
• Development and the environment were at a crossroads, and the conference highlighted the importance of reconciling them for the good of people and the earth as a whole.
• The Bhopal Gas Tragedy was another reason. It was about an oleum gas leak from an industry that proved disastrous to the people and the environment.
• This instance highlighted the significance of regulating enterprises so that they may not simply escape penalty for inflicting environmental harm.
• Furthermore, the need was recognised because, while India had various environmental laws, such as the Air Act and Water Act, there was no overall legislation that integrated and coordinated their activities and duties.

Environment (Protection) Act, 1986 - Salient Features

• The Environmental (Protection) Act, 1986 has its origins in the Indian Constitution's Article 48A (Directive Principles of State Policy) and Article 51A (g) (Fundamental Duties).
• The Act empowers the Central Government to take all appropriate measures to prevent and control pollution, as well as to establish effective machinery for the purpose of protecting, improving, and controlling environmental pollution.
• The Act specifies a special procedure for handling hazardous substances, and the person in question is required to follow the Act's procedure.
• The Environment (Protection) Act of 1986 relaxed the rule of "Locus Standi," and as a result, even a common citizen can approach the Court if he gives a sixty-day notice of the alleged offence and his intention to file a complaint with the Central Government or any other competent authority.
• The Environment (Protection) Act of 1986 provides immunity to government officers for any act performed under the provisions of this Act or under the powers vested in them or functions assigned to them by this Act.
• The Act prohibits Civil Courts from hearing any suit or proceeding based on an action, direction, or order issued by the Central Government or another statutory authority under this Act.
• The provisions of this Act, as well as any rules or orders issued under it, take precedence over anything inconsistent in any other enactment.

Environment (Protection) Act, 1986 - The Umbrella act

The Environment Protection Act is referred to as a "Umbrella Act" for the following reasons:

• Rather than focusing on individual issues, it creates the essential framework for planning and implementing large-scale initiatives to conserve and improve the total environment.
• It establishes collaboration between the Central government, state governments, and bodies formed under previous environmental legislation.
• It fills the void left by numerous other pieces of law, such as the Water Act and the Air Act. It links them and increases their effectiveness.
• It is a large and comprehensive piece of legislation that includes the definitions, authorities, and obligations of the central government in relation to the environment, as well as punitive measures.

Environment (Protection) Act, 1986 - Provisions

• The Central Government shall have the authority to take whatever actions deemed necessary or expedient for the purpose of conserving and improving the quality of the environment in collaboration with the State Governments.
• The central government is also empowered to:
  • plan and carry out a national programme for environmental pollution prevention, control, and abatement.
  • Set criteria for environmental quality in all of its components.
  • Establish criteria for the emission or discharge of environmental contaminants from diverse sources.
  • The limitation of the areas in which any industry, operation, or process, or class of industries, operations, or processes, shall/shall not be carried out subject to specified safeguards.
• Under this Act, the Central Government may appoint officials for different reasons and entrust them with the associated duties and tasks.
• Pollutant Discharge Restrictions: No individual or organisation shall discharge/emit or enable the discharge/emission of any environmental pollutant in excess of the statutory criteria.
• Compliance with Procedural Safeguards: No person shall handle or be caused to handle any hazardous substance unless in accordance with the process and in accordance with the authorised safeguards.
• Establishment of Environmental Labs: According to the Act, the Central Government has the authority to establish environmental laboratories.
  • Recognize any laboratory or institute as an environmental laboratory capable of carrying out the responsibilities assigned to it.
  • The Central Government may also issue guidelines defining the functions of environmental laboratories.
• Appointment of a Government Analyst: The Central Government appoints a Government Analyst to analyse samples of air, water, soil, or other substances delivered to a recognised environmental laboratory.
• Penalties for Violations: Non-compliance or violation of any of the Act's requirements is deemed an offence. Any violation of the EPA is punished by imprisonment for up to five years or a fine of up to one lakh rupees or both.
• Offences Committed by Companies: If a company commits an offence under this Act, every person directly in control of the firm at the time of the offence is presumed to be culpable unless proven otherwise.
• Offences by Government Departments: If any Department of Government commits an offence under this Act, the Head of the Department (HoD) is presumed to be culpable of the offence unless proven otherwise.
• If any officer other than the HoD is found to be responsible, he or she will be prosecuted and punished appropriately.
• Offences: No Court shall take notice of any crime under this Act unless the Central Government or any authority acting on its behalf files a complaint.

Bodies Related to Environment (Protection) Act

National Environment Appellate Authority (NEAA)

• The Central Government formed it under the National Environment Appellate Authority Act of 1997.
• Under the Environment (Protection) Act of 1986, the NEAA was formed to hear appeals on the restriction of areas in which certain industries, activities, or operations shall be/must not be carried out subject to specified safeguards.

National Green Tribunal (NGT)

• The NEEA (together with the National Environment Tribunal) was determined to be insufficient, resulting in a need for a new organisation to handle environmental disputes more efficiently and effectively.
• As a result, the National Green Tribunal (NGT) was formed in 2010 under the National Green Tribunal Act 2010 for the effective and timely resolution of environmental protection matters.
• In addition to the Environment (Protection) Act of 1986, the NGT hears civil disputes under six additional statutes.

Genetic Engineering Appraisal Committee

• The Genetic Engineering Appraisal Committee was formed under the Environmental Protection Act of 1986.
• The nodal ministry is the Ministry of Environment and Forests.
• Its principal function is to grant permission for operations involving the widespread use of hazardous chemicals and recombinants in industrial production.
• It is also responsible for authorising applications for genetically modified species and items to be released into the environment.
• Field testing is done before releasing any genetically altered organism into the environment.

National Ganga River Basin Authority (NGRBA)

• The NGRBA was established in February 2009 under the Environment (Protection) Act 1986.
• The NGRBA is a central and state planning, funding, monitoring, and coordinating agency.
• The NGRBA's goal is to achieve successful pollution abatement and protection of the Ganga by using a river basin approach to comprehensive planning and management.
• The Authority is responsible for both regulatory and developmental duties.
• In accordance with the demands of sustainable development, the Authority will take efforts to effectively reduce pollution and conserve the Ganga.

Stockholm Conference

• The United Nations Conference on the Human Environment was held in Stockholm from June 5th to June 16th, 1972.
• This was the first worldwide summit on the planet's environment. 'Only One Earth' was the theme.
• The meeting was attended by 122 countries.
• Its goal was to establish a shared governance framework for the global environment and natural resources.
• The Action Plan was divided into three major areas, each of which was further subdivided into 109 recommendations:
• Programme for Global Environmental Assessment (watch plan)
• Environmental management tasks
• International measurements to assist with evaluation and management operations at the national and international levels.

Environment (Protection) Act, 1986 - Drawbacks

• Complete Centralization of the Act: One possible disadvantage of the Act is its centralization. While the Centre is given broad powers, the state governments are given none, the former is prone to arbitrariness and abuse.
• No Public Engagement: The Act likewise makes no mention of public participation in environmental protection.
  • Citizens must be involved in environmental preservation to counteract arbitrariness and promote understanding and empathy for the environment.
• Inadequate Pollutant Coverage: The Act does not address current concepts of pollution such as noise, overcrowded transportation systems, and radiation waves, all of which contribute to the deterioration of the environment.

Conclusion

The Environment (Protection) Act was passed with the primary purpose of conserving and enhancing the environment and associated issues. The Act empowers the Central Government to make all necessary efforts to avoid and control pollution, as well as to construct effective machinery to protect, improve, and regulate environmental pollution.

FAQs