Briefly discuss salient features of environment protection act?

Answer 1

Salient Features of Environment (Protection) Act 1986-- In brief, the following are the special features of the Environment (Protection) Act, 1986:-

1. Object of the Act-- Environment has been defined as the aggregate of all external conditions and influences effecting the life and development of an organism. Development without regard to the ecological equilibrium has led to an environmental crisis in the recent past.

In fact, there is growing evidence of man made harm in many regions of the earth, dangerous levels of pollution in air, water, earth and living beings, thereon, major and undesirable disturbances to the ecological balance of the biosphere, destruction and depletion of irreplaceable resources and gross deficiencies harmful to the physical, mental and social wealth of man in the man made environment. Thus,the protection and improvement of human environment is a major issue which effects the well beings of the people and economic development throughout the world. It is, therefore, the urgent desire of the people of the whole world and the duty of the all Governments and the all peoples to protect environment. That is why the Articles 48A and 51A of the Constitution of India have cast a solemn duty not only on the State but also on the citizens towards the protection of the environment and conservation of the forests and the wild life.

Recent Legislation in India- The Water (Prevention and COntrol of Pollution) Act was passed in 1974. It aimed at maintianing the purity of water by preventing water pollution and provided for establishment of the Pollution Control Boards at the State Level. Similarly, the Air (prevention and Control of Pollution) Act was passedin 1981 to COntrol Air Pollution.

Objects and Reasons- The act was passed for the following objects and reasons i.e. for the protection, regulation of discharge of environmental pollutants and handling of hazardous substances, speedy response in the event of accidents threatening environment and deterrent punishment to those who endanger human environment , safety and health.

2. Short, Title , Extent and COmmencement- Acc to Section 1 of the Enviroment (Protection) Act, 186-

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

ii) It extends to the whole of India.

iii) It shall come into force on such date as the Central Government may, by notification in the offical gazette, appoint and different dates may be appointed for different provisions of the Act and for different areas.

Thus, it is clear from the perusal of S. 1 of this Act that the Environment Act, 1986 applies to the whole of India equally.

The Act come into force in India on 19 November 1986 by a notification published in the official gazette vide notification No. G.S.R 1198 (E) dated 12.11.1986. it is to be noted that this act is a special law and has priority over the other general laws like Water, Air, Air Act etc.

3. Definitions of Various Terms used in the Act- Acc to Section 2 in this act, unles the context otherwise requires;-

i) Environment- 'Environment' includes water , air and land and the interrelationship which exsits among and between water, air and land and human beings , other living creatures, plants, micro-organism and property;

ii) 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.;

iii) Environmental pollution- 'Environmnetal pollution' means the presence inthe environment of any environmental pollutant;

iv) Handling-"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;

v) Hazardous Substance- means any substance or preparation which by reaosn of its chemical or physico- chemical properties or handling, is liable to cause harm to human beings, other living creatures plans, microorganisms property or the environment;

vi) Occupier- in relation to any factory or premises, means a person who has control over the affiars of the factory or the premises and includes, in relation to any substance , the person in possession of the substance;

vi) Prescribed- means prescribed by rules made under this Act.

4. Subject matter of the Act- this is to protect and improve human environmental quality.

5. General and Particular Powers of Central Government- This act was conferred on Central Govt. vide general and special powers for the purpose of its successful enforcement and to achieve the desired objections.

6. Duties and Liabilites of the persons carrying on Industries, Operation and Handling Hazardous Substances etc.

7. Provisions relating to penalties

8. Every person has a locus standi- One of the most striking features of this act is that it provides a locus standi to every person. Now even a citizen has the right to approch a court provided he has given notice of not less than 60 days of the alleged offence and his intention to make a complaint to the Central Govt or the competent authority.

Cases Reference-

I) T. Damodar Rao Vs. the Special Officer , Municipal Corporation of Hyderabad, AIR 1987 A.P. 171

II) L.K. Koolwal Vs. State of Rajasthan, AIR 1988 RAJ-2

Note; 5, 6, & 7 features will be explained in next question .....

Answer 2

One of the main points of the environmental protection act is to evaluate the environmental impact any federal project may have. They are responsible to come up with solutions to make the project more environmentally friendly.