ENVIRONMENTAL

PROTECTION ACT
1986
KYNA, KESHAV, KAYNAAT, KEVIN
List of
contents
History Impact and Effectivness

Objective and Scope Roles and Responsibilities

Regulatory Framework and
Conclusion
Guidelines
 HISTORY
The Environment Protection Act was enacted on
March 19, 1986, in response to growing environmental
concerns and disasters, most notably the Bhopal Gas
Tragedy in December 1984. This tragedy highlighted
the inadequacies of existing environmental laws and
underscored the need for a robust legal framework to
regulate environmental protection.
Key Historical Context:
Pre-1986 Legislation: Prior to the EPA, India had several environmental laws, including:
Wildlife Protection Act, 1972
Water (Prevention and Control of Pollution) Act, 1974
Air (Prevention and Control of Pollution) Act, 1981
International Influence: The Act was influenced by global discussions on environmental
issues, particularly stemming from the United Nations Conference on the Human
Environment held in Stockholm in 1972.
Constitutional Amendments: The 42nd Amendment to the Constitution (1976) introduced
provisions that emphasized the state's responsibility to protect and improve the
environment (Article 48A) and outlined citizens' duties towards environmental
conservation (Article 51A(g)).
The EPA provides a legal framework for environmental governance in India by empowering
the central government to take necessary measures for protecting and improving the
environment.
 OBJECTIVES AND SCOPE
Overview of the Act’s Goals
Protection and Improvement of the Environment:

The primary goal is to safeguard the environment from pollution and

degradation, ensuring a balance between development and ecological
preservation.
It aims to protect human health and promote the well-being of all living
organisms.

Sustainable Development: Encourages sustainable development by

minimizing environmental harm caused by industrial, agricultural, and
urban activities.
Preventive and Remedial Measures: Provides the central government with
broad powers to regulate activities that could harm the environment.
Establishes mechanisms for preventing, controlling, and reducing pollution
across multiple sectors.
Scope of the Act
Comprehensive Coverage: The Act is umbrella legislation that covers air, water,
and land pollution, making it a broad tool for environmental governance in India.
Air Quality: Addresses sources of air pollution, such as industrial emissions,
vehicular exhaust, and other activities contributing to deteriorating air quality.
Water Resources: Regulates the discharge of pollutants into water bodies,
aiming to protect rivers, lakes, and groundwater from contamination.
Land Protection: Controls hazardous waste disposal, deforestation, and other
activities that degrade land, contributing to soil and biodiversity conservation.
Authority of the Central Government: Empowers the central government to
make rules for environmental protection and ensure compliance with
international environmental agreements.
Hazardous Substances Management: Establishes protocols for handling and
storing hazardous substances to prevent environmental disasters and
contamination.
KEY FEATURES
Wide Jurisdiction: Extends across all states and Union territories of India.
Punitive Measures: Imposes fines and penalties on violators to ensure
environmental laws are followed.
Public Awareness: Promotes environmental awareness and the
involvement of the public in safeguarding natural resources.

CONCLUSION
The Environment Protection Act of 1986 is a crucial legislative framework
aimed at safeguarding the environment. Its comprehensive scope covers air,
water, and land, providing a robust platform for environmental protection and
sustainable development.
 Regulatory Framework and Guidelines

The Environmental Protection Act, 1986 empowers the Centre to take the
following measures:

It can coordinate and execute nationwide programmes and plans to

further protect our environment.

It can mandate environmental quality standards, particularly those

concerning the emission or discharge of environmental pollutants.

Restrictions on the location of industries can be imposed.

Any person of the Central Government, has the right to enter any
place for inspection of the machinery, location and to check
whether the work is done in compliance with the latest
notifications, orders and guidelines mentioned in this act

Laboratories can be established to carry out the functions

keeping the guidelines in mind.
Discharge of environmental pollutants is checked
under this act.

Provision for handling hazardous substances, which is

prohibited unless in compliance with regulatory
requirements comes under this act.

The act empowers any person, apart from authorised

government officers, to file a complaint in a court
regarding any contravention of the provisions of this act.
RESULTS OF NON COMPLIANCE OR
CONTRAVENTION OF THE ACT:
Imprisonment of upto five years or a fine upto one lakh
rupees or both.

All the members of a company who commit an offence, are

deemed to be guilty unless proven otherwise.

For Government departments, any officer, other than HoD, if

proven guilty, shall also be liable to be proceeded against
and punished accordingly.
 IMPACT AND EFFECTIVENESS
Here are the key points on the Environmental Protection Act (EPA) of 1986 in
a more concise form:

1. **Strengthened Environmental Governance**: Empowered the central

government to set standards for pollution control and improve
environmental quality.
2. **Legal Framework**: Unified laws for pollution control, waste
management, and conservation, with penalties for violators.
3. **Pollution Control**: Introduced emission standards for air, water, and
land; monitored industrial pollution through State Pollution Control Boards.
5. **Public Awareness**: Raised environmental consciousness, involving
NGOs and the public in advocacy and monitoring.
6. **Implementation Challenges**: Weak enforcement due to lack of
resources, corruption, and industrial influence.
7. **Environmental Impact Assessments (EIA)**: Made EIAs mandatory
for major projects, ensuring environmental consequences were
considered before approval.
8. **Sustainable Development**: Laid the foundation for policies promoting
both development and environmental sustainability.
9. **Judicial Activism**: Courts played a key role in enforcing the Act through
landmark rulings, pushing stricter environmental compliance.
10. **Industry Impact**: Forced industries to invest in cleaner technologies,
though compliance costs were a concern.
11. **Global Recognition**: Aligned India with international environmental
agreements and climate action goals.
 Roles and Responsiblities
THE GOVERNMENTAL ASPECT
Role Of The Central Government:
Policy Formulation: The central government is responsible for formulating national policies
aimed at environmental protection and sustainable development.

Regulatory Authority: It has the authority to set standards for air, water, and soil quality. This
includes establishing permissible limits for emissions and discharges from various sources.

Coordination: The central government coordinates with state governments and various
ministries to ensure effective implementation of environmental policies.

Appointment of Authorities: It can appoint officers or constitute authorities for effective

implementation of its powers under the Act.
Role Of State Governments:
Implementation: State governments are tasked with enforcing EPA provisions
within their jurisdictions. They must ensure compliance with national standards
set by the central government.

Monitoring Compliance: They monitor industrial activities to ensure adherence

to environmental regulations. This includes conducting inspections and
assessments of pollution levels.

Public Awareness Campaigns: State governments conduct programs to

educate citizens about their rights under the EPA and promote community
involvement in environmental protection efforts.

Role Of Regulatory Authorities:

Central Pollution Control Board State Pollution Control Boards
(CPCB): This body is responsible for (SPCBs): These boards operate at the
setting standards for pollution control state level to conduct inspections,
and ensures compliance through grant permits for industrial
inspections across India. operations, and enforce compliance
with environmental standards.
THE NON-GOVERNMENTAL ASPECT
Role of Industries: Public Participation:
Compliance Responsibility: Industries must Awareness and Advocacy: Citizens play a crucial
comply with environmental standards set by role in advocating for environmental protection
regulatory authorities. This includes adhering to through awareness campaigns. They can engage
limits on emissions and discharges of pollutants. in community initiatives aimed at conservation.

Reporting Obligations: Industries are required to Reporting Violations: The public is empowered to
report any incidents of pollution or hazardous report violations of the EPA, contributing to
substance handling that may pose risks to enforcement efforts by regulatory authorities.
human health or the environment.
Participation in Decision-Making: Public
Implementation of Best Practices: Industries are participation is encouraged in decision-making
encouraged to adopt sustainable practices and processes regarding local environmental issues.
technologies that minimize their environmental This includes involvement in public hearings
impact. They must also prepare Environmental related to Environmental Impact Assessments
Impact Assessments (EIA) for projects that may
significantly affect the environment.
 CONCLUSION
The Environmental Protection Act of 1986 was a landmark legislation
in India, aimed at safeguarding the environment and promoting
sustainable development. While it provided a strong legal framework
for pollution control, waste management, and environmental
governance, its effectiveness has been challenged by issues like weak
enforcement, bureaucratic inefficiencies, and industrial resistance.
Despite these challenges, the Act has played a crucial role in raising
environmental awareness, fostering judicial activism, and
encouraging corporate responsibility. Overall, it laid the groundwork
for a more environmentally-conscious India, aligning the country with
global sustainability goals.
 "The Earth does not
belong to us; we belong
to the Earth."
– Chief Seattle
QUIZ TIME !!
WHICH EVENT LED TO EPA 1986?
Hiroshima Nagasaki
Bhopal Gas tragedy
Chernobyl
WHICH OF THE FOLLOWING
CONSTITUTIONAL AMENDMENTS
ARE NOT RELATED TO
ENVIRONMENT?
Article 48A
Article 15
Article 51A(g)
WHO TAKES CARE OF EPA 1986?
District government
Central Government
Regional Government
Thank You