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The Environment

The Environment (Protection) Act, 1986 aims to protect and improve the environment in India, following decisions made at the United Nations Conference on the Human Environment in 1972. It grants the Central Government powers to implement measures for environmental protection, including setting standards for pollution control and handling hazardous substances. The Act defines key terms related to environmental protection and outlines the government's responsibilities in coordinating actions and conducting research on environmental issues.

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20 views5 pages

The Environment

The Environment (Protection) Act, 1986 aims to protect and improve the environment in India, following decisions made at the United Nations Conference on the Human Environment in 1972. It grants the Central Government powers to implement measures for environmental protection, including setting standards for pollution control and handling hazardous substances. The Act defines key terms related to environmental protection and outlines the government's responsibilities in coordinating actions and conducting research on environmental issues.

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Sahil Jagtap
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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The Environment (Protection) Act, 1986 267

THE ENVIRONMENT (PROTECTION) ACT, 1986

No. 29 OF 1986

[23rd May, 1986.]


An Act to provide for the protection and improvement of environment and
for matters connected there with:

WHEREAS the 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;

BE it enacted by Parliament in the Thirty-seventh Year of the Republic of


India as follows:-

CHAPTER I
PRELIMINARY

1. SHORT TITLE, EXTENT AND COMMENCEMENT.-

(1) This Act may be called the Environment (Protection) Act, 1986.

(2) It extends to the whole of India.

(3) It shall come into force on such date as the Central Government may,
by notification in the Official Gazette, appoint and different dates may be
appointed for different provisions of this Act and for different areas1.

2. DEFINITIONS.-

In this Act, unless the context otherwise requires,--


"
a) 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-organism and property.
b) "environmental pollutant" means any solid, liquid or gaseous substance present
in such concentration as may be, or tend to be, injurious to environment;
c) "environmental pollution" means the presence in the environment of any
environmental pollutant;
d) "handling", in relation to any substance, means the manufacture, processing,
treatment, package, storage, transportation, use, collection, destruction,
conversion, offering for sale, transfer or the like of such substance;
e) "hazardous substance" means any substance or preparation which, by reason of
its chemical or physico-chemical properties or handling, is liable to cause harm
to human beings, other living creatures, plant, micro-organism, property or the
environment;
f) "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;
g) "prescribed" means prescribed by rules made under this Act.

CHAPTER II

GENERAL POWERS OF THE CENTRAL GOVERNMENT

1. POWER OF CENTRAL GOVERNMENT TO TAKE MEASURES


TO PROTECT AND IMPROVE ENVIRONMENT.-

(1) Subject to the provisions of this Act, the Central Government, shall
have 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.

(2) In particular, and without prejudice to the generality of the provisions


of sub-section (1), such measures may include measures with respect to all or any
of the following matters, namely:--
(i) co-ordination of actions by the State Governments, officers and
other authorities—

(a) under this Act, or the rules made thereunder, or

(b) under any other law for the time being in force which is
relatable to the objects of this Act;
(ii) planning and execution of a nation-wide programme for
the prevention, control and abatement of environmental pollution;

(iii) laying down standards for the quality of environment in its various
aspects;

(iv) laying down standards for emission or discharge of


environmental pollutants from various sources whatsoever:

Provided that different standards for emission or discharge may be


laid down under this clause from different sources having regard to the
quality or composition of the emission or discharge of environmental
pollutants from such sources;

(v) restriction of areas in which any industries, operations or


processes or class of industries, operations or processes shall not be carried
out or shall be carried out subject to certain safeguards;

(vi) laying down procedures and safeguards for the prevention of


accidents which may cause environmental pollution and remedial measures
for such accidents;

(vii) laying down procedures and safeguards for the handling of


hazardous substances;

(viii) examination of such manufacturing processes, materials and


substances as are likely to cause environmental pollution;

(ix) carrying out and sponsoring investigations and research relating


to problems of environmental pollution;
inspection of any premises, plant, equipment, machinery, manufacturing or other processes,
materials or substances and giving, by order, of such directions to such authorities, officers
or persons as it may consider necessary to take steps for the prevention, control and
abatement of environmental pollution;
(i) establishment or recognition of environmental laboratories and institutes to
carry out the functions entrusted to such environmental laboratories and
institutes under this Act;

(ii) collection and dissemination of information in respect of matters relating


to environmental pollution;

(iii) preparation of manuals, codes or guides relating to the


prevention, control and abatement of environmental pollution;

such other matters as the Central Government deems necessary or expedient for the purpose
of securing the effective implementation of the provisions of this Act

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