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THE ENVIRONMENT THE ENVIRONMENT PROTECTION PROTECTION ACT, 1986 ACT, 1986

Presenting by: -Mr.Samaan

Gouse

Mr.Sharib Ahmed

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INTRODUCTION..INTRODUCTION..

y In 1980, the Deptt. of Environment wasestablished in India.

y Later on it becamethe Ministry of Environment andForests in 1985.

y EPA,1986 came intoforce soon after theBhopal Gas Tragedy.

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Contd.Contd.

y Also to safeguard theforests and wildlife of the country.

y Acc. to sec 51(A)every citizen shallprotect theenvironment.

y EPA is applicable towhole India, includingJ&K.

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IMPORTANT TERMINOLOGY.IMPORTANT TERMINOLOGY.y Environment It includes water,

air, and land and the inter-relationship which exists among

and between water, air and landand human beings, other livingcreatures, plants, microorganismand property.

y" Environmental Pollutant "

means any solid, liquid or gaseous substance present insuch concentration as may be, or tend to be injurious toenvironment .

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Contd.Contd.y Environmental pollutant" means any

solid, liquid or gaseous substances presentin such concentration as may be or tend tobe injurious to environment and humanbeing.

y H azardous Substance " means anysubstance or preparation which, by reasonsof its chemical or physico-chemicalproperties, is liable to cause harm to humanbeings or other living creatures.

y

H andling In relation to any substance, itmeans the manufacturing, processing,treatment, packaging, storage,transportation, use, collection, destruction,conversion, offering for sale, etc

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Contd.Contd.y Environmental pollution means

imbalance in environment. The materials or substances when after mixing in air, water or land alters their properties in suchmanner, that the very use of all or any of theair water and land by man and any other living organism becomes lethal anddangerous for health.

y Occupier It means a person who hascontrol over the affairs of the factory or thepremises, and includes, in relation to anysubstance, the person in possession of thesubstance.

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POWERS PROVIDED BY THE ACT TO POWERS PROVIDED BY THE ACT TO

CENTRAL GOVTT..CENTRAL GOVTT..y To make rules to regulate

environmental pollution;y To notify standards and

maximum limits of pollutantsof air, water, and soil for various areas and purposes;

y Prohibition and restriction onthe handling of hazardoussubstances, and location of industries (Sections 3-6).

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CONTD.CONTD.y U nder Sec (3): may constitute

authority or authorities for thepurpose of exercising of performing such of the powers

and functions;y U nder Sec (4): may appoint a

person for inspection;y U nder Sec (5): may issue

directions in writing to any

officers or any authority tocomply;

y U nder Sec (6): it empower thegovernment to make rules toachieve the object of the Act.

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Contd.Contd.

y U nder Sec (7): personscarrying on industry,operation etc. not to

allow emission or discharge of environmental pollutantsin excess of thestandards;

y U nder Sec (8): personshandling hazardoussubstances mustcomply with procedural

safeguards.

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PENALITY.PENALITY.y W hoever Person found to

be the cause of pollution,may be liable for punishment for a termwhich may extend to fiveyears or with fine whichmay extend to one lakhrupees or both (Sec 15,16, 17). If not comply fineof Rs. 5000 per day extra,still if not comply for morethan one year, thenimprisonment may extendup to 7 years.

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Contd.Contd.y Section 17 specifies that

Head of the department/ in-charge of small unit may beliable for punishment if theowner /occupier produceenough evidence of innocence.

y The state govtt. have power

to close or cancel or denythe authorization to run thefactory/institution/hospitalwhichever is causingpollution.

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ENVIRONMENTAL LAWS.ENVIRONMENTAL LAWS.

Following is a list of the environmentallegislations that havecome into effect:-

y Generaly Forest and wildlifey W ater y Air

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General.General.y 1986 - The Environment (Protection) Act;y 1986 - The Environment (Protection)

Rules;y 1989 - The objective of Hazardous W aste

(Management and Handling) Rules;y 1989 - The Manufacture, Storage, and

Import of Hazardous Rules;y 1989 - The Manufacture, U se, Import,

Export, and Storage of hazardous Micro-organisms/ Genetically EngineeredO rganisms or Cells Rules;

y 1991 - The Public Liability Insurance Actand Rules and Amendment, 1992

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F OREST AND WILDLI F E.F OREST AND WILDLI F E.

y 1927 - The IndianForest Act and

Amendment, 1984;y 1972 - The W ildlife

Protection Act, Rules1973 and Amendment1991;

y 1980 - The Forest(Conservation) Actand Rules, 1981.

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WATER.WATER.

y 1882 - The Easement Act ;y 1897 - The Indian Fisheries Act

;y 1956 - The River Boards Act ;y 1970 - The Merchant Shipping

Act ;y

1974 - TheW

ater (Preventionand Control of Pollution) Act ;y 1991 - The Coastal Regulation

Zone Notification.

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AIR. AIR.

y 1948 The Factories Act and Amendment in 1987 ;

y 1981 - The Air (Prevention and

Control of Pollution) Act ;y 1982 - The Air (Prevention and

Control of Pollution) Rules ;y 1982 - The Atomic Energy Act

;y 1987 - The Air (Prevention and

Control of Pollution) Amendment Act ;

y 1988 - The Motor Vehicles Act.

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T HANK YOU