Environmental Protection Act 1986

Environmental Protection Act, 1986

• The Indian government enacted the Environment Protection Act 
• This umbrella legislation merged the provisions of the Water (Prevention and Control of Pollution) Act of 1974 and the Air (Prevention and Control of Pollution) Act of 1981. Within this structure of the legislation, the government established Pollution Control Boards (PCBs) to halt, control, and abate environmental pollution
• Some of these comprise Environment Impact Assessment Notification, 2006 (EIA 2006), Coastal Regulation Zone (CRZ) Notification, 2011, and Hazardous Wastes Rules, 2016, which are explained later in this segment. There are a variety of institutions and processes both for approval and compliance that have been made under particular notifications or rules.

Main Objectives of the Environmental Protection Act, 1986

• • To provide for the safety and up-gradation of the environment and for matters connected with it
  • To effectively implement the decisions taken at the United Nations Conference on the Human Environment (Stockholm) 1972, in which India also participated. In the Conference it was agreed to take suitable steps for the protection and improvement of the human environment and the prevention of danger to human beings, other living creatures, plants, and property
  • This Act’s major goal is to “provide for the conservation and improvement of the environment and all matters related to it”
  • Above all, it aspires to put into effect the conclusions taken at the United Nations Conference on Human Environment in Stockholm in June 1972, which India also attended
  • Previous environmental legislation was all highly detailed, and as a result, significant gaps existed. By having a broad and broad scope, this Act achieves its goal of filling in all the gaps left by previous laws
  • The Act’s goal is to make it easier for the many federal and state agencies involved in environmental protection and preservation to work together effectively in accordance with existing laws
  • Its goal is to give the Central Government broad authority to implement efficient environmental protection measures as needed
  • Its goal is to establish a thorough framework that will give the country’s environmental legislation more stability and clarity
  • It also seeks to deter individuals who threaten the environment, health, or safety.

Main provisions of the Act

• The Central Government also has the power to direct closure or stoppage of any activity or cut the electricity, water, or any supply to it as per Section 5 of the Act
• Breaching any of the main provisions of the Environment Protection Act can result in punishment under Section 15.  Through rules and notifications, the legislation has been brought to life
• The Central Government or any other person duly authorized is authorized to collect the samples of air, water, soil, or other substances as proof of the offences under the Environment (Protection) Act, 1986
• The Environment (Protection) Act of 1986 relaxed the “Locus Standi” clause, allowing even a common citizen to approach the court. It can be done, if he has given a sixty-day notice of the alleged offense and his intention to file a complaint with the Central Government or another competent authority
• The Act prohibits the Civil Courts from hearing any suit or proceeding arising out of a Central Government or other legislative authority’s direction, action, or order issued under the Act
• Central Groundwater Board is designed under EPA.

Drawbacks of Environmental Protection Act 1986

• Forest protection is omitted: The most glaring omission is the deliberate exclusion of forests in a country. When the scenario is so serious at the global and national levels, it is not wise to omit ‘Forest Protection’ in an Act that deals with environmental protection
• Co-existence with the earlier Water and Air Acts: The EPA in section 24(2) says, “where any act or omission constitutes an offence punishable under this Act and also under any other Act, then the offender found guilty of such offence shall be liable to be punished under the other Act and not under this Act.” This provides shelter for the offender found guilty under the common provisions of the old Water and Air Acts and enables him to get away with a less stringent sentence than the one provided in the EPA. Unless this dichotomy is removed, the efficient implementation of the new Act will be greatly hindered
• Absence of Public Participation: Anyone who sees the environment as providing the resources with which the people can sustain or improve their standard of living will readily recognize that a truly effective environmental law should provide for as much public participation as possible. But the EPA concerns only official bodies, pollution control boards, and other regulatory agencies—and does not involve people for participatory environmental protection.

Conclusion

In 1986, the Environment (Protection) Act was passed to ensure environmental protection and enhancement. It gives the Central Government the authority to create agencies tasked with preventing environmental pollution in all of its forms and addressing specific environmental issues that are unique to different sections of the country.The Environment (Protection) Rules provide the procedures for establishing emission or discharge standards for contaminants in the environment.In 1991, the Act was last updated.