Explain the salient features of Environmental Protection Act, 1986

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The Environmental Protection Act, 1986, is a crucial legislation in India aimed at protecting and improving the quality of the environment.

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The Act empowers the central government to take measures to address environmental issues and sets the framework for the regulation and management of various activities that may have adverse effects on the environment. Here are the salient features of the Environmental Protection Act, 1986:

  1. Objective and Scope:
  • The primary objective of the Act is to protect and improve the environment. It applies to the whole of India and covers both natural and man-made environments.
  1. Authority and Coordination:
  • The Act establishes the central government as the authority responsible for formulating policies and programs for environmental protection. It also empowers the government to coordinate activities of various central and state agencies involved in environmental protection.
  1. Regulatory Powers:
  • The Act grants regulatory powers to the central government to restrict or prohibit activities that are likely to cause environmental pollution. It provides the authority to set standards for emissions and discharge of pollutants.
  1. Environmental Impact Assessment (EIA):
  • The Act introduces the concept of Environmental Impact Assessment, requiring prior approval for certain projects that are likely to have significant environmental impacts. This ensures a systematic evaluation of potential environmental consequences before project implementation.
  1. Handling of Hazardous Substances:
  • The Act empowers the central government to regulate the handling of hazardous substances and to manage the prevention, control, and abatement of environmental pollution caused by such substances.
  1. Penalties and Offenses:
  • The Act prescribes penalties for contravention of its provisions. Offenses under the Act may lead to imprisonment, fines, or both. It emphasizes the “polluter pays” principle, making those responsible for environmental pollution financially liable for the damage caused.
  1. Public Participation:
  • The Act encourages public participation in environmental protection by allowing individuals to file complaints regarding environmental violations. It provides a mechanism for public hearings during the grant of environmental clearances for certain projects.
  1. Environmental Authorities:
  • The Act allows the central government to appoint environmental authorities at the national and state levels to ensure effective implementation of its provisions. These authorities have the power to take actions to prevent and control environmental pollution.
  1. Environmental Laboratories:
  • The Act provides for the establishment of environmental laboratories to support monitoring and research activities related to environmental quality.
  1. Legal Proceedings:
    • The Act outlines the procedures for legal proceedings and the powers of the courts to handle cases related to environmental offenses. It allows for the settlement of disputes through alternative mechanisms like arbitration.
  2. Power to Give Directions:
    • The central government has the power to give directions to any person, officer, or authority for the effective implementation of the Act.

The Environmental Protection Act, 1986, is a comprehensive legal framework that forms the basis for environmental governance in India. It provides the necessary tools and mechanisms to address environmental challenges and protect the country’s ecosystems for sustainable development.