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GROUP 1-ES Project_EPA 1986.pdf
1. Environment Protection
Act 1986
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CONTRIBUTORS TO THIS PROJECT:
3. In 1984, The unit built to hold off the
methyl isocyanate gas, was built using
negligible measures, resulting in a
weak structural unit, which paved
way to leakage of the
gas present in it.
4. The unit held around 40 metric tonnes of
the poisonous gas, leading to deaths of
around 3000 people employed and
residing in the nearby areas.
5. what hiroshima Nagasaki
was to Japan, The Bhopal
Gas tragedy was to India,
However here, we didn't
have another nation
causing it
6. This, Incident proposed the need to
establish ground laws and rules to
ensure the safekeeping of the
environment, and the people present
in it. This need was satisfied in the
form of Environment
Protection Act
7. Sir Jagdish Chandra Bose.
Alma Mater
Alma Mater
Alma Mater
A man whose genius transcended
boundaries, Bose was a physicist,
a biologist, a botanist from
cambridge.
However to call Bose just a scientist
would, however, be akin to calling
Leonardo Da Vinci a mere painter.
“What happens if you take a rich magistra
t son and make him learn in a village skool
sitting besides the sons of servants and
fishermen?
- He’ll hear tales of birds and animal
that make him curious about Nature.
And that makes him one of India’s first
scientists.”
1858-1937
CHILDHOOD
Historical Similarities
Crescograph,
Photosynthetic bubbler,
Automatic root growth
recorder
Made an attempt
to protect
environment
with his hobby &
implementing study
8. PHOTOSYNTHETIC
BUBBLER CRESCOGRAPH
A crescograph is a device for measuring
the growth in plants.
It used a series of clockwork gears and a
smoked glass plate to record the
movement of the tip of a plant (or its roots)
It was able to record at magnifications of
up to 10,000 times through the use of two
different levers
One lever records at 100 times
magnification while the other lever takes
that image and records at another 100
times magnification
Marks are made on the plate at intervals of
a few seconds, demonstrating how the rate
of growth varies under varying stimuli.
Checked the rate of photosynthetic activity
of aquatic plants.
Made of a bubbler with mercury valve and an
electromagnetic recording arrangement.
It was fitted airtight at the top of the plant
vessel.
Oxygen evolved as a result of photosynthesis
was intermittently released at a certain
pressure through the mercury valve.
Two platinum wires are so placed near the
mercury valve that an electric circuit is
completed with the lifting of the valve,
and a dot is produced on the moving drum by
the electromagnetic writer.
10. When It came?
In the wake of Bhopal gas tragedy.
Enacted the Environment Protection
Act 1986 under Arrival 253 of
Constitution.
Passed in May 1986,it came into force
on 19 Nov. 1986.
11. Areas on which Restriction has been
imposed.
Aravali Regions
in Alwar,
Rajasthan
Costal Zones
Ecological
Sensitive Zones
Doon valley in
Uttarakhand
12. OBJECTIVES
To protect forest
and wildfare
To improve
quality of life
To establish
environmental
laboratorirs
To take strict
action against all
those who harm
the environment
13. Add a Section Header
Who pioneered the law?
On 1 January 1970, President
Richard Nixon signed the National
Environmental Policy Act (or
NEPA),
14. Responsibilities of the central government
1)planning and execution of a nation wide programme for
the prevention,control and abatement of environmental
pollution.
2)providing different standards for emmision and
discharge of hazardous substances.
3)checking the premises and worling of the induatried
from time to time
4)restricting certain areas where industires or factories
cannot be set up
15. 5)It allows the central government to
establish environmental labs or declare
existing labs as environmental labs.
6)The central government has the
authority to lay down the standards for
different pollutants and also the safe
limit of emissions or discharge of wastes
from industires.
7)It prohibits the use of hazardous
material unless prior permission is taken
from the central government
16. Add a Section Header
under this act the central government is
empowered to take measures necessary to
protect and improve the qulaity of
environment by setting certain
standards.from time to time the central
government issues notification under the
environment actfor protection og
ecologically sensitive areas .
18. General powers of the Central Government under this act
1)It can restrict areas in which industries can operate
2)Under section 10 of chapter three it allows any person
appointed by the central government to enterand examine
any test equipment or industrial plan,record register or
document .
3)It provides the power to take samples and the procedure
to be followed to be followed in connection therewith.
19. Gives Government a sweeping power to conserve the
environment
Collection and Dissemination of information
Only government offlicials are given power under the
act
Issues like comparative late roll out of better emssion,
control norm for fuels etc.
Effectiveness
1.
2.
3.
4.
20. Penalties
Sec 15 of the EPA 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 ,then for such failure and contravention,he
shaall be punishable :-
a) with imprisonment for a term which may extend to 5 year
b) with fine which may extend to one lakh rupees
c) with both
21. In case the failure or contravention continues after the
conviction for first failure or contravention , an
additional fine which may extend to five thousand for
every day can be imposed for a period during which
failure continues.
if the failure continues beyond a period of one year
after conviction ,the offender shall be punishable with
imprisonment for a term which may extend to seven
years.
Penalties
23. Where are we lagging?
It omits forests from its
ambit and does not
provide for the
protection of forests
No protection for
forests
It does not include
pollution that can be
caused by heat
radiations, vibrations,
and emissions.
Definition not
Comprehensive
No involvement of the
citizens in
environmental
protection to check
arbitrariness and raise
awareness
Limited Public
Participation
24. Where are we lagging?
Simpler and
Lenient Penalties
There are less
enforcements as
compared to the ever
increasing number of
industries.
Less regulatory
manpower
Lack of adequate
technical knowledge /
skills required for
enforcement of
regulations
Lack of Resources
The offender is usually
able to get away with
less stringent
punishments.
25. Historical Judgements
It arose out of a writ petition filed
before the Supreme Court,
regarding the yellow color of the
marble of the Taj Mahal
Mahesh Chandra Mehta
v Union of India
“Polluter-Pays” principle which
means that those who pollute
must pay the costs of preventing
and repairing the damage due to
the pollution
Indian Council for
Enviro-Legal Action v
Union of India
26. Sustainability of the law
in future:
Sustainable development is an
approach to economic planning
that attempts to foster economic
growth while preserving the
quality of the environment for
future generations
28. The Environmental Protection Act, 1986 (EPA) was passed with the following objects:
(i) It was enacted to implement the decisions which were made at the United Nation
Conference on the Human Environment held at Stockholm in June 1972.
(ii) Creation of authority for government protection.
(iii) Coordinating the activities of various regulating agencies which is done under the
existing law.
(iv) The main task is to enact general laws for environmental protection, which could be
unfolded in areas of severe environmental hazards.
(v) Providing deterrent punishment to those who inculcate in endangering the human
environment, safety and health.
29. (vi) The main goal for the environment should be sustainable
development and it can be regarded as one of the goals for
EnvironmentProtection Act, 1986.
(vii) Sustainable development includes achieving the object and the
purpose of the act as well as the protection of life under Article 21 of the
Indian Constitution.