Environment Protection Act, 1986

The purpose of the Act is to implement the decisions of the United Nations Conference on the Human Environment.

The Act is an “umbrella” legislation that has provided a framework for the environmental regulation regime in India, which covers all major industrial and infrastructure activities and prohibits and regulates specific activities in coastal areas and eco-sensitive areas.

Where as it is considered necessary further to implement the decisions aforesaid in so far as they relate to the protection and improvement of environment and the prevention of hazards to human beings, other living creatures, plants and property".

The central government is given the power to take whatever action is deemed necessary to prevent and protect the environment from future environmental pollution.

These actions include the planning and execution of nation wide programs, setting the standard for quality of environment and emission of environmental pollutants, restricting areas for which industry may not be carried out, and setting standards for procedures and safeguards to prevent environmental pollution[1].

These powers include the ability to publish in the Official Gazette to create an authority to carry out the execution and procedures that the central government puts forward.

These rules state that the matter the government is regulating must pertain to the following: the quality of water, air, and soul, the maximum amounts of pollutants in an area, the procedures for safeguarding the environment, the prohibition of hazardous materials, the restricting of land for industry, and the procedures for preventing accidents that may cause environmental harm.

[4] Chapter three is titled "Prevention, Control and Abatement of Environmental Pollution" and contains section seven through seventeen.

Section seven puts forward the rule that no persons operating industry are allowed to emit or discharge pollutants in excess.

[4] Section nine has three parts to it and involves the informing of proper authorities when an excess of environmental pollutants is released.

The first part of this states that when an excess of pollutants is expelled, the responsible party must alert the proper authorities.

The second part states that upon receiving the information, the authorities must respond as soon as reasonably possible with reactionary measures in order to reduce emissions of environmental pollutants.

[4] Section eleven has four parts that guarantee the right for the government or empowered persons to take samples and do the procedures that follow.

[4] Section fourteen allows for any reports from governmental analysis to be used as evidence under the power of the act.

The first part states that anyone who is found guilty of failure to abide by the act may be imprisoned for up to five years as well as may incur financial penalties.

The second part states that if failure to comply to the rules of the act continues the penalties are subject to increase.

Part two states that any person who commits an action that violates this act will be liable.

[4] Section twenty-five gives the central government the power to make rules for carrying out the goals of this act.