Q.1 Briefly discuss the salient features of
Environment (protection) Act, 1986. (AKTU. - 2005-06, 12 - 13)
Related Questions
-
Q. Enumerate
various acts related to environmental protection. (AKTU. - 2008-09, 12 - 13)
Q. Discuss the role of government and
legal aspects in environmental protection. (AKTU. - 2008-09, 09 - 10)
Q. Discuss the role of government in
environmental protection highlighting legislative and legal aspects. (AKTU. - 2009 - 10, 12 - 13)
Ans. Salient features of Environment
(Protection) Act, 1986: -
(I)
General powers of the Central Government: -
For the protection and improvement of
environment and for the prevention, control and abatement of pollution, under
section 3.1 the Central Government has the power to take the following
measures:
1. Co-ordination of actions
by the state Governments officers and other authorities under this act and
under any other related law.
2. Planning and execution of
a nationwide program to prevent, control and abate environmental pollution.
3. Laying down the standards
for the different aspects of environmental quality.
4. Laying down the standards
for the emission or discharge of environmental pollutants from various sources.
5. Restricting areas in
which industries, operations or processes shall not be carried out.
6. Laying down procedures
and safeguards for handling of hazardous substances for prevention of accidents
causing environmental pollution and remedial measures.
7. Examination of
manufacturing processes, materials and substances likely to cause environmental
pollution.
8. Inspection of any
premises, plant, manufacturing process, equipment or machinery and giving
directions to prevent, control and abate environmental pollution.
9. Establishment and
recognition of environmental laboratories and institutes.
10. Preparation of
manuals, codes or guides to disseminate collected information in matters
relating to environmental pollution and its prevention, control and abatement.
11. Any matter, necessary
or expedient for the implementation of the provisions of this Act.
12. If necessary, the
Central Govt. may constitute an authority for the purpose of performing such
functions and powers of Central Government under Section 4.2 of this Act.
(II)
Provisions in this Act, for the Prevention, Control and Abatement of
Environmental Pollution:
-
1. Under Section 7.1 no person
carrying on any industry, operation or process shall be permitted to discharge
any environmental pollutant in excess of prescribed standards.
2. Under Section 8.2, no
person shall handle hazardous substances without complying with the prescribed
procedural safeguards.
3. Under Section 9.3, a
person is responsible to mitigate environmental pollution and to intimate the
fact of any occurrence relating to environmental pollution to the concerned
authorities and also assist those authorities in preventing or mitigating
environmental pollution.
(III)
Powers of the Central Government: -
(a)
Power of entry and inspection: -
According to section 10, the
Central Govt. officers have the power to enter and inspect any place for the
purpose of performing any function entrusted under legislation.
Any person carrying on an
industry, operating or process or handling any hazardous substance shall have
to render all assistance to the Central Govt. and its appointed officers
failing or obstructing which will be punishable offence under this Act.
(b)
Power to take samples: -
Under Section 11, the Central
Govt. and its officers have the power to take samples of air, water, soil or
substances from the factory or place, for analysis according to the following
procedure:
1. Giving notice to the
occupier of the place or his agent.
2. Collecting sample in the
presence of the occupier or his agent.
3. Placing the sample in a
sealed container, signed by the officer and occupier or agent.
4. Immediately sending one
part of the sample to a laboratory for analysis after giving one part to the
occupier, and producing the third part in the court.
(c)
Power to establish laboratories: -
Under Section 12, the Central Govt. has
the power to establish environmental laboratories or recognize any laboratory
institute as an environmental laboratory.
Under Section 13, the Central
Govt. has the power to appoint or recognize government analysts for the purpose
of analysis of samples of air, water, soil or any other substance.
Under Section 14, the report
signed by a government analysts may be used as evidence of the facts stated
therein in any proceeding under the legislation.
(d)
Penalties for violating the provision in this Act: -
According to Section 15.5 any person
failing to comply with any of the provisions of the Act shall be punishable
with imprisonment for a term which may extend up to five years or with fine
which may extend to one lakh rupees or both.
