ENVIRONMENT

(PROTECTION) ACT, 1986

DR. AMIRTHALINGAM. S
TNDALU
CHENNAI 28
amirtham.alu@gmail.com
94440 20960
UNITED NATIONS CONVENTIONON HUMAN
ENVIRONMENT, 1972
ARTICLE 51 (c) and ARTICLE 253
FOURTY SECOND AMENDMENT ACT, 1976

ARTICLE 48-A and ARTICLE 51 (A) (g)

DEPARTMENT OF ENVIRONMENT AND

FOREST, 1980

MINISTRY OF ENVIRONMENT AND FOREST,

1985
ENVIRONMENT (PROTECTION) ACT, 1986
OBJECTIVES
to co-ordinate activities of the various
regulatory agencies under the existing law
to enact a general and comprehensive law
to cover major environmental hazardous in
the existing law is not covered

to provide the deterrent punishment to

those who endanger human environment
ENVIRONMENT (PROTECTION) ACT, 1986

PREAMBLE

FOUR CHAPTERS

26 SECTIONS
 CHAPTER - I

Preliminary

SECTIONS 1 and 2
ENVIRONMENT (PROTECTION) ACT, 1986

PRELIMINARY
Act came into force 19-11-1986

SECTIONS 1 and 2
ENVIRONMENT (PROTECTION) ACT, 1986

Section 2 (a)

Environment includes Water, Air and Land

and their inter-relationship which exists
among and between water, air and land and
human being, other living creatures plants,
micro-organisms and property
 LINKAGE

AIR WATER

LAND
UMBRELLA LEGISLATION/ACT

ENVIRONMENT

W
A A L
T I A
E R N
R D
ENVIRONMENT (PROTECTION) ACT, 1986

Environmental Pollutant
Environmental Pollution
Handling

Hazardous Substance
Occupier

Prescribed
 ENVIRONMEN PROTECTION ACT, 1986
CHAPTER II
SECTIONS 3-6
SECTION 3 POWER TO MAKE RULES

SECTION 4 APPOINTMENT OF OFFICERS AND

THEIR POWER AND FUNCTIONS
SECTION 5 POWER TO GIVE DIRECTIONS

SECTION 6 RULES TO REGULATION

ENVIRONMENTAL POLLUTION
 ENVIRONMEN PROTECTION ACT, 1986
SECTION 3
NECESSARY OR EXPEDIENT
COORDINATION OF ACTIONS BY THE STATE
GOVERNMENTS, OFFICERS AND OTHER AUTHORITIES

Planning and Execution

Laying Down Standards
Restriction of Areas

Laying down Procedures

 Examination of Manufacturing Processes,
Materials and Substances
Carrying out or sponsoring Investigation and
Research
Inspection of any Premises, Plant, Equipment,
Machinery, Manufacturing or other Processes,
Materials or Substances
Establishmentor Recognition of
Environmental Labouratories
Collection and Dissemination of Information
Preparation of Manuals, Codes or Guides
ENVIRONMENT (PROTECTION) ACT, 1986

SECTION 4

APPOINTMENT OF OFFICERS AND

THEIR POWER AND FUNCTIONS
 ENVIRONMENT (PROTECTION) ACT, 1986

SECTION 5
POWER TO GIVE DIRECTIONS

Closure, Prohibition OR Regulation of any

Industry, Operation OR Process

Stoppage OR Regulation of the supply of

Electricity OR Water OR any other service
ENVIRONMENT (PROTECTION) ACT, 1986

SECTION 6
RULES TO REGULATE
ENVIRONMENTAL POLLUTION
 Standards of quality of Air, Water OR Soil for
various Areas and Purposes
Maximum allowable limits of concentration of
various Environmental Pollutants
Procedure and Safeguards for the Handling of
Hazardous Substances
Prohibition
and Restrictions on the Handling of
Hazardous Substances
Prohibition and Restrictions on the location of
Industries and Carrying on the Process of Operation
Procedure and Safeguards for the Prevention of
accidents which may cause Environmental Pollution
and for Remedial Measures
ENVIRONMENT (PROTECTION) ACT, 1986

CHAPTER III
SECTIONS 7-17

PREVENTION, CONTROL AND ABATEMENT

OF ENVIRONMENTAL POLLUTION
ENVIRONMENT PROTECTION ACT, 1986

POWER TO MAKE OFFENCES AND

RULES PENALTIES
ENVIRONMENT (PROTECTION) ACT, 1986

SECTION 7

Persons
carrying on Industry, Operation etc.,
not allow Emission OR Discharge of
Environmental Pollutants in
Excess of the Standards
ENVIRONMENT (PROTECTION) ACT, 1986

SECTION 8

Persons
Handling Hazardous Substances
to comply with Procedural Standards
ENVIRONMENT (PROTECTION) ACT, 1986

SECTION 9

Furnishing of Information to
Authorities and Agencies
in Certain Cases
ENVIRONMENT (PROTECTION) ACT, 1986

SECTION 10

POWERS OF ENTRY AND INSPECTION

ENVIRONMENT (PROTECTION) ACT, 1986

SECTION 11

POWER TO TAKE SAMPLE AND PROCEDURE

TO BE FOLLOWED
IN CONNCETION THEREWITH
 ENVIRONMENT (PROTECTION) ACT, 1986
Serve on the Occupier OR his Agent OR Person in charge
of the Place

Notice Then and There , in form prescribed, of

intention to analayse
In the presence of the Occupier OR his Agent OR Person
collect Sample for analysis
Cause the Sample to be placed in a Container OR
Containers which shall be marked and sealed and shall also
be signed both by person taking the sample and the
Occupier OR his Agent OR Person

Send without delay, the container OR containers to the

Labouratory established or recognised under Section 12
ENVIRONMENT (PROTECTION) ACT, 1986

SECTION 12

ENVIRONMENTAL LABOURATORIES
ENVIRONMENT (PROTECTION) ACT, 1986

SECTION 13
GOVERNMENT ANALYSTS

SECTION 14

REPORT OF GOVERNMENT ANALYST

ENVIRONMENT (PROTECTION) ACT, 1986

SECTION 15

PENALTY
FOR CONTRAVENTION OF THE ACT,
RULES,
ORDER AND
DIRECTIONS
ENVIRONMENT (PROTECTION) ACT, 1986

SECTION 16

OFFENCES BY COMPANIES
ENVIRONMENT (PROTECTION) ACT, 1986

SECTION 17

OFFENCES BY
GOVERNMENT DEPARTMENTS
ENVIRONMENT PROTECTION ACT, 1986
OFFENCES BY COMPANIES OR GOVERNMENT DEPARTMENT

any person who fails to comply or contravenes any

of the provisions of the Act or the Rules made of
or Orders or Directions issued under this Act or
Rules, then for such failure or contravention, he
shall be punishable
SECTION 15

Is it for First OR Second OR Regular?

ENVIRONMENT (PROTECTION) ACT, 1986

CHAPTER IV
SECTIONS 18-26

MISCELLENIOUS
ENVIRONMENT (PROTECTION) ACT, 1986

SECTION 18

PROTECTION OF
ACTION TAKEN IN
GOOD FAITH
 ENVIRONMENT (PROTECTION) ACT, 1986
SECTION 19
COGNIZANCE OF OFFENCE

Central Government OR any authority OR

officer authorised in this behalf by the
Government
Any Person who has given notice, in the
manner prescribed, of the alleged offence and
of his intention to make a complaint, to the
Central Government OR the authority OR
Officer authorised aforesaid.
 SUSTAINABLE DEVELOPMENT
thedevelopment which meets the needs of the
present generations without compromising the ability
of future generations to meet their own needs.
OUR COMMON FUTURE

as improving the quality of human life while living

within the carrying capacity of supporting
ecosystem.

INTERNATIONAL UNION FOR

CONSERVATION OF NATURAL RESOURCES
 MEAs
STOCKHOLM DECLARATION, 1972
The natural resources of earth must be
safeguarded for the benefit of present and future
generations through careful planning or
management, as appropriate

WORLD CONSERVATION STRATEGY, 1980

Conservation of natural resources for achieving

Sustainable Development
 EARTH SUMMIT, 1992
The right to development must be fulfilled so as to
equitably meet developmental and environmental
needs of present and future generations

WORLD SUMMIT ON SUSTAINABLE DEVELOPMENT, 2002

Eradication of poverty and population growth

THE FUTURE WE WANT, Rio + 20

Eradication of poverty and population growth
 CHAPTER - III

LEGAL ELEMENTS
OF THE CONCEPT OF
SUSTAINABLE DEVELOPMENT
 Sovereignty over Natural Resources

Right to Development

Intergenerational Equity

Precautionary Principle

Polluter Pays Principle

Environmental Impact Assessment

RULES
 Environment Protection Rules, 1986
Hazardous Wastes (Management and Handling)
Rules, 1989
Bio-Medical Wastes (Management and Handling)
Rules, 1998
Plastics Manufacture, Sale and Usage Rules, 1999

Municipal Solid Wastes (Management and

Handling) Rules, 2000
Noise Pollution (Regulation and Control) Rules,
2000
Batteries (Management and Handling) Rules, 2001
REGULATIONS
 COASTAL REGULATION ZONE NOTIFICATION,
1991

ENVIRONMENT CLEARANCE REGULATIONS,

2006