Environment Protection Act

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Transcript of Environment Protection Act

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Environment Protection Act, 1986 is an Act of the Parliament of India. In the wake of the Bhopal Tragedy, the Government of Indiaenacted the Environment Protection Act of 1986 under Article 253 of the Constitution. The purpose of the Act is to implement the decisions of the United Nations Conference on the Human Environments they relate to the protection and improvement of the human environment and the prevention of hazards to human beings, other living creatures, plants and property. The Act is an “umbrella” legislation designed to provide a framework for central government coordination of the activities of various central and state authorities established under previous laws, such as the Water Act and the Air Act.

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To provide protection and improvement of environment.Prevention of hazards to human beings, other living creatures, plants and property.For prevention and control of environmental pollution.Laying standards for quality of environment.Restriction of areas for location of industries.Safeguards for handling hazardous substances. Research relating to environmental pollution.

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To obtain CONSENT TO ESTABLISH / CONSENT TO OPERATE for new discharge u/s 25 of the Act.

This is mandatory for every industry/local body discharging any domestic sewage or trade effluent into water, stream, well, sewer or on land. For this purpose, consent application has to be filed with State Pollution Control Board (SPCB) in Form- XIII complete in all respects along with prescribed consent fee. It is obligatory to provide additional information sought by the State Board. On receipt of application, State Board may grant the consent with specific conditions and date of validity or refuse the consent for reasons to be recorded in writing.

Once after obtaining the consent to establish and installing all facilities as communicated by the consent, the industry shall apply for consent to operate for which same form has to be used.

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The Wildlife Protection Act, 1972 is an Act of the Parliament of India enacted for protection of plants and animal species. Before 1972, India only had five designated national parks. Among other reforms, the Act established schedules of protected plant and animal species; hunting or harvesting these species was largely outlawed.The Act provides for the protection of wild animals, birds and plants; and for matters connected therewith or ancillary or incidental thereto. It extends to the whole of India, except the State of Jammu and Kashmir which has its own wildlife act.

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The act has six schedules which cover the entire gamut of wild life.a) Schedule I and II are the most potent sections of the act. This section covers animals which are in the category of endangered species. The sections in this schedule give absolute protection to certain species and these cannot be infringed on any account. The value of these sections can bee seen from the fact that the famous actor Salman Khan was sentenced to 5 years rigorous imprisonment for shooting a black buck in Rajasthan. The case is under appeal in the high court. In addition 16 persons have been convicted and sentenced to various terms of prison up to 7 years for killing a tiger.b) Schedule III and IV. These also have roughly the same provisions of Section I and II, but cover animals that are not in danger of becoming extinct. The penalties under this section are also less than Schedule I and II.

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c)Schedule V delineates animals that can be hunted like ducks and deer’s. For this purpose the hunter has to apply for a license to the District Forest Officer who will allow a hunter to shoot during a specific season and restricted area. Any infringement can lead to cancellation of the hunting license.

d) Schedule VI concerns cultivation and plant life and gives teeth to setting up more protected animal parks.

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