ENVIRORNMENT PROTECTION ACT, 1986

Meaning and definition of EnvironmentThe environment contains air, water, food, and sunlight, etc. Environment affects all the living creatures including the plants and trees. A number of necessities of life are fulfilled rather derived from the environment. Thus, it can be said that the environment is the life support system.According to R.K. Pachort, “Environment may be defined as the sum total of all conditions and influences that affect the development and life of organisms.

Objects of the Act The environment (protection) Act,1986, came into

force from 19th November, 1986, published in the gazette of India on 12th November, 1986 The main objective of the Act are as fallows:

1. To protect and improve the environment quality.2. To establish an authority to study, plan and

implement long-term requirement of environmental safety.

3. To give directions and to coordinate system of adequate response to emergency situations threatening the environment.

4. To create an authority with the purpose of environment protection,gulation of discharge of pollutants and handling of harmful substance.

5. To cover all the activities of various regulating agencies.6. To cover all the problems relating to environment

comprehensively.Meaning and Definitions of Environment Pollutions“Environment pollutions” means any solid, liquid or

gaseous substance present in such concentrations as may be or tend to be injurious to environment and human being are known as pollutant and presence of any pollutant in the environment in such proportion and concentration that has bearing on health and environment is termed as “Environmental Pollutions”.

According to Dr. T.N. Khoshoo, “Environment” means sum total of all conditions and influences that affect the development of life all organism”.

ETANTNVIRONMENT POLLUTANTEnvironmental pollutant means any solid or gaseous

substance present in such concentrations as may be, or tend to be,injurious to environment; thus, anything can be called pollutant if it is capable of causing injury or damange to the environment.

HAZARDOUS SUBSTANCE“Hazardous substance” means any substance or preprations

which, by reason of its chemical or physicochemical properties or handling, is liable to cause harm to human beings, other living creatures, plant, micro organism, property or the environment;

OCCUPIER “Occupier “, in relation to any factory or premises, means a person who

has, control over the affairs of the factory or premises and includes in relation to any substance, the person in possession of substance;

TYPES OF ENVIRONMEN POLLUTIONS Environment pollutions can broadly be classified into:1. Natural Pollutions: Under this category of pollutions

flood ,earthquke, cyclone,and drought are placed. for example, recent tsunami earthquake which had taken place in the high sea of the Indian ocean caused death toll more than one lac human lives besides the death of aquatic animals.

2. Man-Made Pollution: this class of environment pollutions is caused mainly due to unmindful human activities. Today, modern industries products industrial wastes and toxic gases, which are hazardous to the environment.

CAUSES OF ENVIRONMENT POLLUTIONS1. Reckless Deforestations: The foremost reason of

environment pollution is reckless deforesation. Land area under forests has been cleared for:

1).Cultivation,2). Building plans: It includesA . Building of residential hours for urban populations,B. Building of river-valley projects for increasing

irrigation and electricity supply.2. Population Explosion: The main cause of

environmental pollution is tendency of population explosion in India.

3. Increasing Urbanization: Urbanization, that is rapid growth of towns and cities, and the called attitude of the people in regard to disposal of domestic wastes, sewage, etc.

4. Increasing Number of People below Poverty Line: Number of people living below poverty line is very large in India.

5. Modernization of Agriculture: Modernization of agriculture has been followed by large scale use of chemical fertilizers, insecticides, pesticides, chemicals for agriculture, etc.

6. More Rapid Industrialization: Industrialization, that is rapid growth of industries, and callous attitudes of the management of industries in regard to the disposal of industrial effluents, smoke, heat, noise, etc.

7. Multiplicity of the Means of Transport: Heavy traffic and badly maintained roads and vehicles and Diversity and multiplicity of means of transport after Independence have also contributed to the problems of environment.

8. Discard of Civil Norms: In India , general public hardly makes any effort to adhere to civic norms.

GLOBAL WARMING Meaning Global Warming:Global warming is a process by which the average

temperature of the atmosphere, oceans and landmasses of Earth is increasing. It is a burning issue of the present era of globalization, and it gives a sense of increasing temperature over the surface of the Earth and in the atmosphere.

BASIC CAUSES OF GLOBAL WARMINGThe factors which are affecting an average annual

temperature of the Earth can be Discussed following manner:

1.Industrialization2. Population Explosion3. Shrinking Agriculture Land4. Depletion of Forest LandOZONE LAYER DEPLETIONOzone layer According to Prof. Paul Crutzen, imminent depletion of

ozone layer is mainly due to Nitrogen oxides emanated from fertilizers and supersonic aircrafts.

CASES FOR OZONE LAYER DEPLTON6The Ozone-Depleting Substance are explained as fallows:1. Chlorofluorocarbons (CFC’s): A chlorofluorocarbon (CFC) is

an organic compound that contains carbon, chlorine, and fluorine, produced as a volatile derivative of methane and ethane. A common subclass is the Hydrochloroflurocarbons (HCFCs), which contain hydrogen, as well.

2. Halons: A compound consisting of bromine, fluorine and carbon, Halons are used as fire extinguishing agents, both in built-in system and in handheld portable fire extinguishers.

3. Carbon Tetrachloride(CC14): A compound consisting of one carbon atom and four chlorine atoms, carbon tetrachloride was widely used as a raw material many industrial uses, including the production of Chlorofluorocarbons (CFCs), and as a solvent.

4. Methyl Chloroform (CH3CCI3): A compound consisting of carbon, hydrogen, and chlorine.

5. Hydrobromofluorocarbon (HBFC): A compound consisting of hydrogen, bromine, fluorine, and carbon.

6. Methyl Bromide (CH3Br): A compound consisting of carbon, hydrogen, and bromine. Methyl Bromine is an effective pesticide used to fumigate soil and many agricultural products.

REMEDIES In the context of India, the remedies for environmental

pollution are of the following kinds:1. Civil Remedies: The civil remedies for environmental

pollution are available in the nature of compensation or damages to the victim, and cost to recover the disturbed ecological balance or the environment.

2. Criminal Remedies: These remedies are available by way penal action/punishments.

3. Others Remedies: The other remedies for environmental pollution are available as under:

a) Remedies under Constitutional Law;b) Remedies under Law of Torts;

Contc) Riparian remedies;d) Remedies under the Indian Penal code, 1860

and code of criminal procedure, 1973;e) Remedies under Insurance Laws;f) Remedies under labor laws;g) Remedies under Wild life (protection)Act, 1972;h) Remedies under Forests (Conservation )Act,

1980.

GENRAL POWERS OF THE CENTRAL GOVERNMENTPowers of central Government to take Measures to

Protect and Improve Environment1. Subject to 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 of the environment and preventing controlling and reducing environmental pollution.

2. Section 3(2) states that without prejudice to the generality of the provisions of sub-section 1 such measure may include measures with respect to all or any of the following matters, namely:

Co-ordination of actions by the State Governments, officers and other authorities

a) Under this Act, or the rules made there under, orb) Under any other law for the time being in force

which is relatable to the objects of this Act; Planning and execution of a nation-wide program

for the prevention, control and reduction of environmental pollution;

Laying down standards for the quality of environment in its various aspects;

Laying down standards for emission or discharge of environmental pollutants from various sources whatsoever;

Cantd 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;

Laying down procedures and safeguards for the handling of hazardous substances;

Examination of such manufacturing processes, materials and substances as are likely to causes environmental pollution;

Carrying out and sponsoring investigations and research relating to problems of environmental pollution;

Collection and dissemination of information in respect of matters relating to environmental pollution;

Preparation of manuals, codes or guides relating to the prevention, control and reduction 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.

3. The Central Government may, if it Considers it necessary or expedient so to do for the purpose of this Act, by order, published in the Official Gazette, constitute an authority.

MEASURES TAKEN BY THE CENTRAL GOVERNMENT TO PROTECT AND IMPROVE ENVIRONMENT.

In order to give effect to constitutional provisions, the central Government has taken several measures in the from of enactment of acts for Environmental Protection which are as fallows:

1. The Environment (Protection) Act, 1986: It is the umbrella legislation which authorize the Central Government to protect and improve environmental quality, control, and reduce pollution from all sources, and prohibit or restrict the setting and/or operation of any industrial facility on environmental grounds.

2. Acts relating to water pollution: These are comprehensive in their coverage, applying to streams inland water, subterranean water, and seas or tidal water.

3.Acts relating to Air pollution: These are aimed at prevention, control, and abatement of air pollution.

4. Acts relating to forest conservation: These are provided for the conservation of forests, and for matters connected therewith or ancillary or incidental thereto.

5. Acts relating to wildlife protection: These are provided for the protection of wild animals, birds and plants and for matters connected therewith or ancillary or incidental thereto with a view to ensure the ecological and environment security of the country.

.

6. Acts relating to Biological Diversity: These are provided for conservation of biological diversity, sustainable use of its components well as fair and equitable sharing of the benefits arising out of the use of biological resources and knowledge associated with it.

7. Acts relating to public Liability Insurance: These are aimed provided for public liability insurance to persons affected by accidents occurring while handling substances.

8. Rules relating to Noise Pollution: These are aimed at controlling noise levels in public places from various sources like industrial activity, construction activity, generator sets, loud speakers, address systems.

9. Rules relating to Management of Hazardous Substances: These are aimed to control the generation, collection, treatment, import, storage, and handling of hazardous waste.

PREVENTION,CONROL,AND REDUCTION OF ENVIRONMENTAL POLLUTION

Persons Carrying on Industry Operation, etc Persons Handling Hazardous Substances to

comply with procedural safeguards Furnishing of Information to Authorities and

Agencies in Certain cases Powers of Entry and Inspection

Cond Powers to take sample and Procedure to be

fallowed in connection therewithEnvironmental Laboratories