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6.1. The Environment Protection Act, 1986
Unit 6 - Laws and policies related to the environment
6.1. The Environment Protection Act, 1986
Is an umbrella legislation designed to provide a framework for the Central Government to co-ordinate the activities of various Central and State authorities established under previous laws, and to bring about uniformity in regulations. It has provisions to allow the making of rules for various activities and areas of concern/interest, and hence it is an ‘enabling’ law.
The Act empowers the Central Government to take appropriate measures for the purpose of protecting and improving the environment. It is authorised to lay down standards for controlling emissions and effluent discharges of environmental pollutants, to regulate industrial locations, to prescribe procedures for managing hazardous substances, to establish safeguards for preventing accidents, and to collect and disseminate information regarding environment pollution. In accordance with this act, the central government has issued a number of rules and not Regulations as Regulations connote a different meaning in India.
Ecosystems and landscapes can be notified Ecologically Sensitive Areas (ESA). This would enable control or restriction of certain identified commercial, industrial and development activities. Potentially a strong tool to fight against commercial and industrial pressures.
Subsequent notifications under the Environment Protection Act have also made it mandatory to conduct environmental impact assessments (EIAs) for specified developmental activities and have made public hearings mandatory for all developmental activities. The scope of public hearing has drastically reduced in the most recent EIA notification of 2006. The discharge of pollutants is regulated, inspection schemes are provided, and the location of certain industries in coastal zones are prohibited and restricted. The ecologically sensitive areas such as habitats of turtles (this more under the Wildlife Act and not so much under the EPA) but does this Act still provides.
Is an umbrella legislation designed to provide a framework for the Central Government to co-ordinate the activities of various Central and State authorities established under previous laws, and to bring about uniformity in regulations. It has provisions to allow the making of rules for various activities and areas of concern/interest, and hence it is an ‘enabling’ law.
The Act empowers the Central Government to take appropriate measures for the purpose of protecting and improving the environment. It is authorised to lay down standards for controlling emissions and effluent discharges of environmental pollutants, to regulate industrial locations, to prescribe procedures for managing hazardous substances, to establish safeguards for preventing accidents, and to collect and disseminate information regarding environment pollution. In accordance with this act, the central government has issued a number of rules and not Regulations as Regulations connote a different meaning in India.
Ecosystems and landscapes can be notified Ecologically Sensitive Areas (ESA). This would enable control or restriction of certain identified commercial, industrial and development activities. Potentially a strong tool to fight against commercial and industrial pressures.
Subsequent notifications under the Environment Protection Act have also made it mandatory to conduct environmental impact assessments (EIAs) for specified developmental activities and have made public hearings mandatory for all developmental activities. The scope of public hearing has drastically reduced in the most recent EIA notification of 2006. The discharge of pollutants is regulated, inspection schemes are provided, and the location of certain industries in coastal zones are prohibited and restricted. The ecologically sensitive areas such as habitats of turtles (this more under the Wildlife Act and not so much under the EPA) but does this Act still provides.
Last modified: Thursday, 5 January 2012, 6:45 AM