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BL module 5

The Environment (Protection) Act, 1986 is a key Indian legislation aimed at protecting and improving the environment while preventing pollution. It empowers the Central Government to set standards, regulate industrial activities, and impose penalties for non-compliance, while also defining essential terms related to environmental protection. The Act addresses various types of pollution, including air, water, soil, and noise, and establishes a framework for coordinated environmental governance.

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0% found this document useful (0 votes)
4 views5 pages

BL module 5

The Environment (Protection) Act, 1986 is a key Indian legislation aimed at protecting and improving the environment while preventing pollution. It empowers the Central Government to set standards, regulate industrial activities, and impose penalties for non-compliance, while also defining essential terms related to environmental protection. The Act addresses various types of pollution, including air, water, soil, and noise, and establishes a framework for coordinated environmental governance.

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Business Law

Module-5: Environment Protection Act, 1986

The Environment (Protection) Act, 1986 is a primary piece of Indian environmental legislation enacted to
protect and improve the environment, and to prevent, control, and abate pollution. It empowers the
Central Government to take measures to address environmental issues and establish authorities to enforce
these measures. The Act also defines terms like "environment," "environmental pollutant," and
"environmental pollution".

Objectives of the Act:

 To implement the decisions of the UN Conference on the Human Environment (Stockholm, 1972):
The Act was passed to implement decisions made at the Stockholm Conference, where global concerns
about environmental degradation were formally addressed.

 To protect and improve the environment:


This includes prevention, control, and abatement of environmental pollution in air, water, and land.

 To empower the central government:


The Act gives the central government the authority to take necessary measures for:

 Setting environmental quality standards.


 Regulating emissions and discharges of pollutants.
 Restricting industrial activities in certain areas.

 To coordinate activities of various central and state authorities:


It aims to create a unified framework for environmental governance and avoid jurisdictional overlaps.

 To provide a framework for tackling specific environmental problems:


The Act enables the government to address environmental issues not covered under existing laws (e.g.,
Air Act 1981 or Water Act 1974).

 To impose penalties for non-compliance:


The Act lays down strict penalties, including imprisonment and fines, for individuals and organizations
violating environmental norms.

 To regulate the handling of hazardous substances:


It provides guidelines for the safe handling, storage, and disposal of hazardous materials.

 To develop environmental protection awareness:


The Act encourages public participation and awareness regarding the protection of the environment.

Definitions:

 Environment: “Environment” includes water, air and land and the inter-relationship which exists
among and between water, air and land, and human beings, other living creatures, plants, micro-
organisms and property.
 Environmental pollutant: Environmental pollutant” means any solid, liquid or gaseous substance
present in such concentration as may be, or tend to be, injurious to environment.
 Environmental pollutant: “Environmental pollutant” means any solid, liquid or gaseous
substance present in such concentration as may be, or tend to be, injurious to environment.
 Hazardous substance: “Hazardous substance” means any substance or preparation which, by
reason of its chemical or physic-chemical properties or handling, is liable to cause harm to human
beings, other living creatures, plants, micro-organisms, property or the environment.

 Occupier: “Occupier” in relation to any factory or premises, means a person who has control over
the affairs of the factory or the premises and includes, in relation to any substance, the person in
possession of the substance.

Types of Environmental Pollution:


Pollution means making the environment dirty or harmful for living things. It happens when unwanted or
harmful substances are added to air, water, soil, or other parts of nature. These substances are called
pollutants. Pollution affects our health, animals, plants, and the planet. There are different types of
pollution, such as air pollution, water pollution, soil pollution, noise pollution, and more. Each type has
different causes and effects, but all of them are bad for the environment and for us. Understanding the
types of pollution helps us learn how to reduce and prevent them.

1. Air Pollution

Air pollution refers to the presence of harmful or excessive quantities of substances in the atmosphere,
such as gases, particulates, and biological molecules. These pollutants can be released from natural
sources like volcanic eruptions and forest fires, but human activities such as burning fossil fuels,
vehicular emissions, and industrial discharge are the major contributors. Common air pollutants include
carbon monoxide, sulphur dioxide, nitrogen oxides, and particulate matter (PM2.5 and PM10). Air
pollution poses severe health risks including respiratory diseases, cardiovascular problems, and can also
lead to environmental issues like acid rain, smog formation, and the depletion of the ozone layer. It also
contributes to global warming due to increased levels of greenhouse gases.

2. Water Pollution

Water pollution is the contamination of water bodies like rivers, lakes, oceans, and groundwater by
harmful substances. This pollution can result from industrial waste discharge, sewage, agricultural runoff
(pesticides and fertilizers), oil spills, and plastic debris. Water pollution affects both aquatic ecosystems
and human health. It can lead to the death of marine life, disruption of food chains, and diseases such as
cholera and dysentery in humans. Excess nutrients from agricultural runoff can cause eutrophication,
where algal blooms reduce oxygen levels, killing aquatic organisms. Clean water is essential for life, and
its contamination poses a major threat to environmental sustainability and public health.

3. Soil Pollution (Land Pollution)

Soil pollution occurs when the top layer of soil is contaminated by hazardous chemicals or waste,
reducing its quality and fertility. Common sources include the excessive use of chemical fertilizers and
pesticides, improper disposal of industrial and household waste, oil spills, and deforestation. Soil
pollution affects agricultural productivity, contaminates food crops, and can harm organisms living in the
soil. It also leads to groundwater contamination when toxic substances seep into the water table. Long-
term soil degradation can result in desertification, making land unusable for farming or habitation, and
posing risks to food security.
4. Noise Pollution

Noise pollution is the presence of excessive or disturbing sounds in the environment that negatively affect
human and animal health. Common sources include traffic, construction activities, industrial machinery,
loudspeakers, and airports. Unlike other forms of pollution, noise pollution does not accumulate in the
environment but its effects are immediate and harmful. It can lead to hearing loss, high blood pressure,
sleep disturbances, stress, and reduced productivity. In animals, it can interfere with communication,
mating calls, and navigation, especially in birds and marine life like dolphins and whales.

5. Thermal Pollution

Thermal pollution refers to the rise in the temperature of water bodies caused by human activities,
particularly the discharge of heated water from industrial plants and power stations. This sudden change
in temperature affects aquatic ecosystems by decreasing dissolved oxygen levels, making it hard for
marine organisms to survive. Many species are sensitive to temperature changes, and thermal pollution
can lead to large-scale fish kills, migration disturbances, and loss of biodiversity. It also disrupts the
natural balance of aquatic ecosystems and can encourage the growth of invasive species or harmful algae.

6. Radioactive Pollution

Radioactive pollution is caused by the presence of radioactive substances in the environment, which emit
harmful radiation. This type of pollution is often a result of nuclear power plant accidents, improper
disposal of radioactive waste, mining activities, and testing of nuclear weapons. Radioactive pollutants
can remain active in the environment for hundreds or even thousands of years, making them extremely
dangerous. Exposure to radiation can cause severe health issues such as cancer, genetic mutations, organ
damage, and even death. It also affects wildlife and can render large areas of land uninhabitable for long
periods.

7. Light Pollution

Light pollution is the excessive or misdirected artificial light that brightens the night sky and disrupts
natural darkness. It is mainly caused by over-illumination in urban areas, streetlights, advertising boards,
and industrial sites. While it may seem harmless, light pollution has significant environmental
consequences. It affects ecosystems by interfering with the natural day-night cycle of animals,
particularly nocturnal species. For humans, it can cause sleep disorders, fatigue, and increased stress
levels. Additionally, light pollution obscures our view of the stars, affecting astronomical observations.

8. Plastic Pollution

Plastic pollution refers to the accumulation of plastic materials in the environment, particularly in oceans
and soil. It is mainly caused by the widespread use and improper disposal of single-use plastics such as
bags, bottles, packaging, and micro plastics found in personal care products. Plastic is non-biodegradable
and can persist in the environment for hundreds of years. Marine animals often mistake plastic for food,
leading to injury or death. Plastic pollution also enters the food chain in the form of micro plastics,
affecting human health. On land, it clogs drainage systems and contaminates soil and groundwater.
Powers of Central Government to Protect Environment in India:
The Environment Protection Act, 1986 grants the Central Government broad powers to take action for
the protection and improvement of the environment. These powers enable the government to enforce
laws, set standards, and regulate activities that might harm the environment.

1. Power to Set Environmental Standards (Section 3)

 Setting Standards for Pollution Control:


The Central Government has the authority to set environmental quality standards for air, water,
and soil. This includes determining the permissible levels of pollutants in these media.
 Environmental Protection Rules:
The government can make rules to regulate the handling of pollutants and hazardous substances,
ensuring they don’t exceed harmful levels.

2. Power to Take Preventive and Corrective Measures (Section 5)

 Issuing Directions to Protect the Environment:


The government can issue directions to any person, authority, or organization to take corrective
measures if they are causing harm to the environment. These directions may include stopping
harmful activities, cleaning up polluted sites, or adopting better practices.
 Immediate Action:
In case of emergencies, the government can take immediate action to prevent environmental
degradation, even if it means taking actions without prior approval.

3. Power to Control Industrial Activities (Section 6)

 Regulation of Industry Operations:


The government has the power to regulate or even prohibit certain industrial processes that
contribute to environmental degradation. This may include banning the use of harmful chemicals
or forcing companies to adopt environmentally friendly technologies.
 Environmental Impact Assessment (EIA):
The Central Government mandates that industries conduct an EIA to assess the environmental
impact of their projects before they begin. This ensures that potentially harmful activities do not
take place without proper assessment and mitigation plans.

4. Power to Manage Hazardous Substances (Section 8)

 Handling of Hazardous Wastes:


The government has the power to regulate the handling, storage, transport, and disposal of
hazardous substances. This is critical for preventing pollution from toxic chemicals and
hazardous waste.
 Control Over Discharges:
It can set standards for the discharge of pollutants, especially hazardous substances, into air,
water, or land, and ensure industries follow these standards.

5. Power to Create Environmental Protection Rules and Guidelines (Section 6)

 Framing Regulations:
The government has the authority to frame rules and regulations to ensure the environment is
protected. These include rules for preventing and controlling pollution, handling chemicals, and
managing waste.
 Consultation with Experts:
It may consult environmental experts, scientists, and other stakeholders before implementing such
rules, ensuring they are scientifically sound and effective.

6. Power to Conduct Environmental Inspections and Monitoring (Section 10)

 Inspection of Premises:
The Central Government can inspect factories, industries, and other premises to ensure they
comply with environmental laws and standards. This includes checking pollution control devices,
waste disposal practices, and emissions.
 Monitoring Pollution Levels:
It has the authority to monitor pollution levels in air, water, and land, and can take corrective
action if the levels exceed permissible limits.

7. Power to Impose Penalties for Non-Compliance (Section 15-16)

 Penalty for Violation:


The Central Government has the power to impose penalties on individuals or organizations that
violate environmental laws. This includes both fines and imprisonment for those causing
significant environmental harm.
 Public Awareness and Education:
The government can also promote awareness campaigns to educate the public about
environmental laws and their role in protecting the environment.

8. Power to Declare Protected Areas (Section 3)

 Ecologically Sensitive Areas:


The government has the power to declare certain areas as ecologically sensitive or protected
zones where special environmental laws and regulations apply. This is done to conserve
biodiversity and protect endangered ecosystems.

9. Power to Regulate the Import of Hazardous Chemicals (Section 3)

 Import Control:
The Central Government can regulate and control the import of hazardous chemicals and
substances to ensure that toxic and harmful materials do not enter the country.

10. Power to Promote Research and Development (Section 3)

 Research and Innovation:


The Central Government can promote scientific research related to environmental protection and
sustainable development. This includes funding studies on pollution control technologies,
renewable energy, and conservation methods.

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