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    Environmental Act

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    chetnawadyekar

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    © All Rights Reserved
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    Environmental Act

    Uploaded by

    chetnawadyekar
    2 views2 pages

    Original Title

    ENVIRONMENTAL ACT

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    2 views2 pages

    Environmental Act

    Uploaded by

    chetnawadyekar

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    You are on page 1of 2

    Introduction

    In wake of the Stockholm Conference held in 1972 that advocated


    environmental protection at the international level and was one of the most
    devastating incidents of all time, the Bhopal Gas Tragedy of 1984 highlighted
    an urgent need for a comprehensive law with respect to environmental
    protection, domestically, the need for Environment (Protection) Act, 1986 was
    felt. The preamble of the Act states the objective of the Act to be the
    protection and improvement of the environment. It seeks to protect human
    beings, other living creatures, plants, and property from environmental
    hazards. It extends to the whole of India and aims to prevent, control, and
    abate environmental pollution. Even though we had the Water Act, 1974,
    the Air Act, 1981, and the Indian Forest Policy, 1988, there was a pressing
    need for general legislation with stringent penal provisions in order to
    safeguard the environmental rights.

    Objectives of the Environment Protection


    Act
    The following are the main objectives behind bringing this legislation:

    1. To implement the significant decisions taken, relating to


    environment safety and protection, at the United Nations
    Conference on the Human Environment held in Stockholm in June
    1972.
    2. India already had some legislation related to different aspects of the
    environment but there was a need for comprehensive legislation
    that filled the gaps in the existing laws. Thus, it was enacted to bring
    general legislation in environment protection and cover other major
    areas of environmental hazards that were previously uncovered.
    3. To create new authorities for the purpose of protecting and
    improving the environment and also to coordinate the activities of
    already existing authorities constituted under previous laws.
    4. To provide for stringent and deterrent punishment to the offenders
    of the natural environment who endanger its safety and health.
    5. To facilitate the growth of subordinate and delegated legislation on
    ecologically sensitive topics and environment protection.
    6. To promote sustainable development, i.e. balance the overall
    development with environmental protection.

    Section 2 of Environment Protection Act


    Section 2 of the Act defined various terms used in its provisions. These
    definitions are as follows:

    1. Environment– Environment has been defined to include air, water,


    and land, and the inter-relationship among and between air, water,
    land and human beings, other living creatures, microorganisms,
    plants and property.
    2. Environment pollutant- A pollutant is any substance in a solid,
    liquid, or gaseous state, which when present in a certain
    concentration can be injurious to the environment.
    3. Environment pollution– The presence of an environmental
    pollutant in the environment is called environment pollution.
    4. Handling– Handling, in respect of any substance, is deemed to
    imply its “manufacture, processing, treatment, package, storage,
    transportation, use, collection, destruction, conversion, offering for
    sale or its transfer.”
    5. Hazardous substance– It refers to any substance or preparation
    which can cause harm to humans, plants, other living creatures,
    property, or the environment due to its chemical or physico-
    chemical properties or handling.
    6. Occupier- In respect of any factory or premises, it refers to the
    person who is in control over the affairs of the factory or premises,
    and in respect of any substance, it refers to the person who is in
    possession of that substance.

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