Environment (Protection) Act, 1986

1. Environment (Protection) Act,
1986: Evolution And
Enforcement WITH Various
Judicial MOVEMENTS

2. Introduction
 The problem of environmental protection is as old as the evolution of homo sapiens on
this planet.
 Under the provisions of Article 253 of the constitution of India with a view to
implementing the decision of the United Nations Conference on the Human
Environment held in Stockholm in 1972.
 The EPA Act was enacted on 23rd May 1986 and came into force on 19th November
1986 with 26 sections and 4 chapters.
 This act can be presumed to have gone into priority after the Bhopal gas tragedy in
1984.
 One of the most comprehensive legislations of all by shifting from a narrower
concept of pollution control to wider aspects of environmental protection.

3. Developments after Stockholm
declaration, 1972
 Post conference in Stockholm there was a significant advancement in the field of
environmental law in India.
 The National Council for Environmental policy and planning within the
department of science and technology was setup.
 The Wildlife(Protection) Act, 1972
 Water(Prevention and Control of Pollution) Act, 1974
 In 1976, Constitutional Sanction was given to environmental concerns through the
42nd CAA amendment to the constitution in 1976 which incorporated Fundamental
Rights and Duties and Directive Principles of State Policy concerning protection
for environment and protection of forests and wildlife of the country.
 Water(Prevention and Control of Pollution) Cess Act, 1977
 The Forest (Conservation) Act, 1980
 Air(Prevention and Control of Pollution) Act, 1981
 Air(Prevention and Control of Pollution) Rules, 1982
 The Bhopal Gas tragedy brought an urgency to the Indian Government to enact the
Environment (Protection) Act, 1986 (EPA).

4. An Act to provide for the protection and
improvement of environment and for
matters connected therewith
Whereas 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;
Preamble of the EPA
Source: SCC Online

5. Objectives
 Protection and improvement of the human environment and the prevention
of hazards to human beings, other living creatures, plants and property
 General Legislation: The Act is an “umbrella” legislation that has provided
a framework for the environmental regulation regime in India, which covers
all major industrial and infrastructure activities and prohibits and regulates
specific activities in coastal areas and eco-sensitive areas.
 Punishments for the failure to comply with, or contravention of the
provisions of the EPA, or the rules made there under, or orders, or directions
issued, are punishable with imprisonment or fine or both.
 Establishment of a government regulatory body with the power to impose
closure orders and other direct instructions on business.

6.  The Environment (Protection) Act, 1986 contains 4 Chapters
from Sections 1 to 26.
• Chapter I (Section 1-2) provide reference to the Act which
extends to whole of India and outlines definitions.
• Chapter II (Section 3-6) deals with the general powers of the
Central Government.
• Chapter III (Section 7-17) lays down the detail procedure
followed for the prevention, control and abatement of
environmental pollution.
• Chapter IV (Section 18-26) specifies miscellaneous rules, laws
and functions of Central Government.
Scheme of the Act

7. T.N. Godavarman Thirumalpad v. Union of India, (2002) 10 SCC 606
Environment.—“Environment” is a difficult word to define. Its normal meaning
relates to the surroundings, but obviously that is a concept which is relatable to
whatever object it is which is surrounded. Environment is a polycentric and
multifaceted problem affecting the human existence.

8. Power of Central Government to Take
Measures to Protect and Improve
Environment (Section 3)
• The Central Government has 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.
• Such measures may include:-
o Co-ordination of actions by the State Governments, officers and
other authorities under this act, or the rules made there under, or
under any other law.
o Planning and execution of a nation-wide programme for the
prevention, control and abatement of environmental pollution;
• The Central Government can create authorities through an official
order in the Gazette to carry out specific powers and functions
outlined in this Act. These authorities will operate under the
supervision of the Central Government and can exercise these
powers as if granted by the Act itself.

9. APPOINTMENT OF OFFICERS AND THEIR POWERS
AND FUNCTIONS (Section 4)
• The Central Government may appoint officers with such
designation as it thinks fit for the purposes of this Act and
may entrust to them the powers and functions under this Act
as it may deem fit.
POWER TO GIVE DIRECTIONS (Section 5)
• The Central Government may, in the exercise of its powers
and performance of its functions under this Act, issue
directions in writing to any person, officer or any authority
and such person, officer or authority shall be bound to
comply with such directions.
■The closure, prohibition or regulation of any industry,
operation or process; or
■ Stoppage or regulation of the supply of electricity or
water or any other service.

10. Section 5-A. Appeal to National Green Tribunal
Any person aggrieved by any directions issued under Section
5, on or after the commencement of the National Green
Tribunal Act, 2010, may file an appeal to the National Green
Tribunal.

11. RULES TO REGULATE ENVIRONMENTAL POLLUTION (Section 6)
• 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.
• Such rules may provide for all or any of the following matters, namely:-
o The standards of quality of air, water or soil for various areas and
purposes;
o The maximum allowable limits of concentration of various
environmental pollutants (including noise) for different areas;
o The procedures and safeguards for the handling of hazardous
substances;
o The prohibition and restrictions on the handling of hazardous
substances in different areas;
o The prohibition and restriction on the location of industries and the
carrying on process and operations in different areas;
o The procedures and safeguards for the prevention of accidents which
may cause environmental pollution and for providing for remedial
measures for such accidents.

12. PERSONS CARRYING ON INDUSTRY OPERATION,
ETC., NOT TO ALLOW
EMISSION OR DISCHARGE OF ENVIRONMENTAL
POLLUTANTS IN EXCESS OF THE STANDARDS
(Section 7)
• No person carrying on any industry, operation or
process shall discharge or emit or permit to be
discharged or emitted any environmental
pollutants in excess of such standards as may be
prescribed.
PERSONS HANDLING HAZARDOUS SUBSTANCES TO
COMPLY WITH
PROCEDURAL SAFEGUARDS (Section 8)
• No person shall handle or cause to be handled
any hazardous substance except in accordance
with such procedure and after complying with such
safeguards as may be prescribed.

13. FURNISHING OF INFORMATION TO AUTHORITIES AND
AGENCIES IN CERTAIN CASES (Section 9)
When there's an accidental release of environmental
pollutants above allowed levels, the person responsible
must act quickly to stop or lessen the pollution and inform
the authorities. They must also provide any help needed
by the authorities. Once notified, the authorities will take
necessary steps to fix the situation as soon as possible.
Any costs incurred by the authorities for these actions can
be recovered from the responsible person later, along with
interest if payment is delayed.

14. 1. Authorized persons appointed by the Central Government have the
right to enter any place, with reasonable assistance, for several
purposes:
a. To carry out functions assigned by the Central Government.
b. To check if the functions are being performed correctly under this
Act or its rules.
c. To inspect equipment, industrial plants, records, etc., and search
buildings if they suspect any violation of the law. They can seize items if
they believe they provide evidence of an offense or to prevent pollution.
2. Anyone involved in industries dealing with hazardous substances must
assist these authorized persons when required. Failure to do so without
a valid reason can lead to penalties as mentioned in Section 14-B.
3. If anyone intentionally delays or obstructs these authorized persons in
performing their duties, they can also face penalties under Section 14-B.
4. The procedures outlined in the Code of Criminal Procedure, 1973,
regarding searches and seizures with warrants, apply to actions taken
under this section.
POWERS OF ENTRY AND INSPECTION (SECTION 10)

15. 1. The Central Government or authorized officers can take samples of air, water,
soil, or other substances from factories or premises for analysis as prescribed.
2. The results of the analysis can't be used as evidence in legal proceedings unless
certain conditions are met.
3. When taking a sample:
a. The person must notify the occupier or their representative about the intention
to analyze the sample.
b. The sample must be collected in the presence of the occupier or their
representative.
c. The sample must be properly sealed, marked, and signed by both the person
taking the sample and the occupier or their representative.
d. The sample must be promptly sent to a laboratory approved by the Central
Government.
4. If the occupier or their representative is absent or refuses to cooperate:
a. The sample is still collected and sealed by the person taking the sample.
b. If the occupier or their representative refuses to sign, the person taking the
sample signs instead. The sample is then sent for analysis without delay, and the
person taking the sample must inform the Government Analyst about the situation in
writing for wilful refusal of signing.
POWER TO TAKE SAMPLE AND PROCEDURE TO BE FOLLOWED IN CONNECTION
THERE WITH (Section 11)

16. ENVIRONMENTAL LABORATORIES (Section 12)
• The Central Government may, by notification in the Official
Gazette,--
o Establish one or more environmental laboratories;
o Recognise one or more laboratories or institutes as environmental
laboratories to carry out the functions entrusted to an
environmental laboratory under this Act.
• The Central Government may, by notification in the Official
Gazette, make rules specifying-
o The functions of the environmental laboratory;
o The procedure for the submission to the said laboratory of
samples of air, water, soil or other substance for analysis or tests.
GOVERNMENT ANALYSTS (Section 13)
• The Central Government may appoint or recognise such persons as
it thinks fit and having the prescribed qualifications to be
Government Analysts for the purpose of analysis of samples of air,
water, soil or other substance sent for analysis to any environmental
laboratory established or recognised under section 12.

17. REPORTS OF GOVERNMENT ANALYSTS (Section 14)
• Any document purporting to be a report signed by a Government analyst
may be used as evidence of the facts stated therein in any proceeding under
this Act.
PENALTY FOR CONTRAVENTION OF PROVISIONS OF ACT, RULES,
ORDERS AND DIRECTIONS (Section 15)
1. Penalty for Contravention:
- Anyone not following the rules of this Act or its associated regulations, orders, or directions may
face a penalty.
- The penalty for each violation could range from at least ten thousand rupees to fifteen lakh
rupees.
- If the violation continues, an additional penalty of ten thousand rupees per day can be imposed.
2. Penalty for Companies:
- Companies failing to comply may face penalties ranging from at least one lakh rupees to fifteen
lakh rupees for each violation.
- For ongoing violations, an extra penalty of one lakh rupees per day may be added.
3. Penalty for Government Departments:
- If a government department breaks the rules, the head of the department may face a penalty
equal to one month of their basic salary.
- Other officers may also face penalties if they're found negligent.

18. 4. Adjudicating Officer:
- An officer appointed by the Central Government can determine penalties.
- They have the power to call people involved and review relevant documents.
- After a fair hearing, they can impose penalties based on the severity of the violation.
5. Considerations for Penalty:
- When determining the penalty, factors like the impact on the environment, frequency of the violation,
and potential harm caused are taken into account.
6. Appeals:
- People unhappy with the penalty can appeal to the National Green Tribunal within sixty days.
- The tribunal will review the case and may confirm, modify, or cancel the penalty.
7. Environmental Protection Fund:
- Penalties collected go to the Environmental Protection Fund.
8. Failure to Pay Penalty:
- If someone doesn't pay the penalty within ninety days, they may face imprisonment or a fine up to
twice the penalty amount.
9. Responsibility of Company Officials:
- If a company commits an offense, the people in charge of the company's operations may also be held
accountable, unless they can prove they weren't aware or took steps to prevent the violation.

19. 1. Establishment of the Fund:
- The Central Government can create a fund called the Environmental
Protection Fund through an official announcement in the Gazette.
2. Sources of Funding:
- Money credited to the Fund includes penalties imposed under the Air
(Prevention and Control of Pollution) Act, 1981, and this Act.
- Interest or earnings from investments made using the Fund's money.
- Any other prescribed sources.
3. Utilization of the Fund:
- The Fund can be used for:
- Promoting awareness, education, and research for environmental
protection.
- Expenses related to achieving the objectives of the Air (Prevention and
Control of Pollution) Act, 1981, and this Act.
- Other prescribed purposes.
4. Administratio:
- The Central Government will appoint an administrator for managing the
Fund and related matters, following prescribed procedures.
Environmental Protection Fund (Section 16)

20. 5. Allocation of Penalties:
- Seventy-five percent of the penalties collected will be
allocated to State Governments or Union territory
administrations, as credited to the Fund.
6. Accounts and Audit:
- The Central Government will maintain separate accounts
and records for the Environmental Protection Fund.
- An annual statement of accounts will be prepared in
consultation with the Comptroller and Auditor-General of India.
- The Fund's accounts will be audited by the Comptroller and
Auditor-General of India at specified intervals, with the audit
report forwarded annually to the Central Government.
7. Annual Report:
- The Central Government will prepare an annual report
detailing the Fund's activities for each financial year.
- This report, along with the audit report from the
Comptroller and Auditor-General of India, will be presented to
each House of Parliament.

21. There are several Rules laid down under the EP Act. Few of
the important Rules are as under-
• Environment Protection Rules, 1986
• Hazardous Waste Rules, 1989 (Now 2016)
• Bio Medical Waste Rules, 1998
• Municipal Solid Waste Rules, 2000
• Noise Pollution Rules, 2000
• Ozone Depleting Substances Rules, 2000
• Battery Waste Rules, 2001
• Plastic Waste Rules, 2011
• Electronic waste Rules, 2011

22. There are several Notifications issued under EP Act, 1986.
Few important notifications are as under-
• Notification for restricting industries in Doon Valley area,
1989.
• CRZ Notification, 1991 (Now 2011).
• Notification for declaration of Dahanu Taluka as eco-
sensitive zone, 1991.
• Notification for declaration of Matheran as eco-sensitive
zone, 1992.
• Notification for declaration of Mahabaleshwar as eco-
sensitive zone, 1993.
• Notification on Fly ash, 2000.
• EIA Notification, 2006.

23. These Rules lay down further details for
implementation of the Act
• It provides standards for emission or discharge etc.
• Procedure laid down for giving direction under S-5
by Central Govt.
• Prohibition and restrictions on locations. (based on
proximity to human settlement, ancient monument,
biodiversity etc.)
• Procedure to take samples.
• When any person is filing complaint, format of
notice and details about whom to serve the notice
etc.
• Format of environmental lab reports.
• Format of environmental Audit.
Environment Protection Rules, 1986

24. • Schedule I lays down the Procedures and Standards
for 87 different industries (e.g. rubber, copper, iron
etc.)
• Schedule II - Noise Standards
• Schedule III- Standards for Motor Vehicles
• Schedule IV- General standards for effluents, inland
surface, public sewer, land of irrigation, marine
coastal areas etc.
Schedules under EP Rules, 1986

25. • Oleum gas leak case, 1986- (M.C. Mehta v/s Union of India)
• Mining- Dehradun Valley (quarrying) case, 1987
• Development allowed- (Sachidanand Pandey v/s State of
West Bengal, 1987)
• Development stopped- (Bangalore Medical Trust v/s
Mundappa, 1991)
• Vehicular Pollution case, 1991 (M.C. Mehta v/s Union of
India)
• Water- Ganga water pollution case, 1992
• Relocation of Industry- (Bayer Ltd. v/s State of
Maharashtra, 1994)
• Delhi Garbage case, 1996 (B.L. Wadhera v/s Union of India)
• Shrimp Culture case,1997 (S. Jagannath v/s Union of India)
• Calcutta Tanneries case, 1997 (M.C. Mehta v/s Union of
India)
• Goa Foundation v/s Diksha Holding, 1998
• Taj Trapezium case, 1999 (M.C. Mehta v/s Union of India)
Important Cases

26. • Citizen’s Right to a decent and healthy
environment- (Subhash Kumar v/s State of Bihar,
1991)
• Sustainable Development- (Vellore Citizens Forum
v/s Union of India, 1991)
• Polluter pay Principle- (Bichhri case, 1996)
• EIA- several cases are filed against project
proponents.
• Invite inputs from NGOs- CRZ Notification case,
1996 (NGO- Indian Council for Enviro Legal Action)
• Intergenerational Equity- (Himachal Pradesh v/s
Ganesh Wood Products, 1996)
• Public Trust Doctrine- (M.I. Builders Pvt. Ltd vs
Radhey Shyam Sahu, 1991)
• Precautionary Principle- (Andhra Pradesh PCB v/s
M.V. Naidu, 1999)

27. Conculsion:
 Regulatory measures taken to prevent environment deterioration
are guided by the principle of sustainable development and
improvement in natural environment.
 Effective implementation of Environment (Protection) Act can
address the various environmental challenges.
 The Central Government issues guidelines, notifications, policies &
programmes under Environment (Protection) Act 1986, from time to
time, relating to protection of environment, conservation of
biological diversity and for attaining high standards of
environmental quality.
 Environment (Protection) Act follows the "Polluter Pay" principle
that ensures polluter must pay for damage caused to environment
and human health.
 Only clean and healthy environment can offer opportunities for
sustainable economic growth.

28. THANK YOU