Environment Law

1. ENVIRORNMENT PROTECTION
ACT, 1986
Meaning and definition of Environment
The environment contains air, water, food, and
sunlight, etc. Environment affects all the living
creatures including the plants and trees. A number of
necessities of life are fulfilled rather derived from the
environment. Thus, it can be said that the
environment is the life support system.
According to R.K. Pachort, “Environment may be
defined as the sum total of all conditions and
influences that affect the development and life of
organisms.

2. Objects of the Act
The environment (protection) Act,1986, came into
force from 19th November, 1986, published in
the gazette of India on 12th November, 1986 The
main objective of the Act are as fallows:
1. To protect and improve the environment
quality.
2. To establish an authority to study, plan and
implement long-term requirement of
environmental safety.
3. To give directions and to coordinate system of
adequate response to emergency situations
threatening the environment.

3. 4. To create an authority with the purpose of
environment protection,gulation of discharge of
pollutants and handling of harmful substance.
5. To cover all the activities of various regulating
agencies.
6. To cover all the problems relating to environment
comprehensively.
Meaning and Definitions of Environment Pollutions
“Environment pollutions” means any solid, liquid or
gaseous substance present in such concentrations
as may be or tend to be injurious to environment
and human being are known as pollutant and
presence of any pollutant in the environment in
such proportion and concentration that has
bearing on health and environment is termed as
“Environmental Pollutions”.

4. According to Dr. T.N. Khoshoo, “Environment” means
sum total of all conditions and influences that affect
the development of life all organism”.
ETANTNVIRONMENT POLLUTANT
Environmental pollutant means any solid or gaseous
substance present in such concentrations as may
be, or tend to be,injurious to environment;
thus, anything can be called pollutant if it is capable
of causing injury or damange to the environment.
HAZARDOUS SUBSTANCE
“Hazardous substance” means any substance or
preprations which, by reason of its chemical or
physicochemical properties or handling, is liable to
cause harm to human beings, other living
creatures, plant, micro organism, property or the
environment;

5. OCCUPIER
“Occupier “, in relation to any factory or premises, means a
person who has, control over the affairs of the factory or
premises and includes in relation to any substance, the person
in possession of substance;
TYPES OF ENVIRONMEN POLLUTIONS
Environment pollutions can broadly be classified into:
1. Natural Pollutions: Under this category of pollutions flood
,earthquke, cyclone,and drought are placed. for
example, recent tsunami earthquake which had taken place
in the high sea of the Indian ocean caused death toll more
than one lac human lives besides the death of aquatic
animals.
2. Man-Made Pollution: this class of environment pollutions is
caused mainly due to unmindful human activities.
Today, modern industries products industrial wastes and toxic
gases, which are hazardous to the environment.

6. CAUSES OF ENVIRONMENT POLLUTIONS
1. Reckless Deforestations: The foremost reason of
environment pollution is reckless deforesation.
Land area under forests has been cleared for:
1).Cultivation,
2). Building plans: It includes
A . Building of residential hours for urban
populations,
B. Building of river-valley projects for increasing
irrigation and electricity supply.
2. Population Explosion: The main cause of
environmental pollution is tendency of
population explosion in India.

7. 3. Increasing Urbanization: Urbanization, that is rapid
growth of towns and cities, and the called attitude
of the people in regard to disposal of domestic
wastes, sewage, etc.
4. Increasing Number of People below Poverty Line:
Number of people living below poverty line is very
large in India.
5. Modernization of Agriculture: Modernization of
agriculture has been followed by large scale use of
chemical
fertilizers, insecticides, pesticides, chemicals for
agriculture, etc.
6. More Rapid Industrialization: Industrialization, that
is rapid growth of industries, and callous attitudes of
the management of industries in regard to the
disposal of industrial
effluents, smoke, heat, noise, etc.

8. 7. Multiplicity of the Means of Transport: Heavy traffic
and badly maintained roads and vehicles and
Diversity and multiplicity of means of transport
after Independence have also contributed to the
problems of environment.
8. Discard of Civil Norms: In India , general public
hardly makes any effort to adhere to civic norms.
GLOBAL WARMING
Meaning Global Warming:
Global warming is a process by which the average
temperature of the atmosphere, oceans and
landmasses of Earth is increasing. It is a burning
issue of the present era of globalization, and it gives
a sense of increasing temperature over the surface
of the Earth and in the atmosphere.

9. BASIC CAUSES OF GLOBAL WARMING
The factors which are affecting an average annual
temperature of the Earth can be Discussed following
manner:
1.Industrialization
2. Population Explosion
3. Shrinking Agriculture Land
4. Depletion of Forest Land
OZONE LAYER DEPLETION
Ozone layer
According to Prof. Paul Crutzen, imminent depletion of
ozone layer is mainly due to Nitrogen oxides
emanated from fertilizers and supersonic aircrafts.

10. CASES FOR OZONE LAYER DEPLTON6
The Ozone-Depleting Substance are explained as fallows:
1. Chlorofluorocarbons (CFC’s): A chlorofluorocarbon (CFC)
is an organic compound that contains
carbon, chlorine, and fluorine, produced as a volatile
derivative of methane and ethane. A common subclass is
the Hydrochloroflurocarbons (HCFCs), which contain
hydrogen, as well.
2. Halons: A compound consisting of bromine, fluorine and
carbon, Halons are used as fire extinguishing
agents, both in built-in system and in handheld portable
fire extinguishers.
3. Carbon Tetrachloride(CC14): A compound consisting of
one carbon atom and four chlorine atoms, carbon
tetrachloride was widely used as a raw material many
industrial uses, including the production of
Chlorofluorocarbons (CFCs), and as a solvent.

11. 4. Methyl Chloroform (CH3CCI3): A compound
consisting of carbon, hydrogen, and chlorine.
5. Hydrobromofluorocarbon (HBFC): A compound
consisting of hydrogen, bromine, fluorine, and
carbon.
6. Methyl Bromide (CH3Br): A compound consisting
of carbon, hydrogen, and bromine. Methyl
Bromine is an effective pesticide used to
fumigate soil and many agricultural products.

12. REMEDIES
In the context of India, the remedies for
environmental pollution are of the following kinds:
1. Civil Remedies: The civil remedies for
environmental pollution are available in the nature
of compensation or damages to the victim, and cost
to recover the disturbed ecological balance or the
environment.
2. Criminal Remedies: These remedies are available by
way penal action/punishments.
3. Others Remedies: The other remedies for
environmental pollution are available as under:
a) Remedies under Constitutional Law;
b) Remedies under Law of Torts;

13. Cont
c) Riparian remedies;
d) Remedies under the Indian Penal code, 1860
and code of criminal procedure, 1973;
e) Remedies under Insurance Laws;
f) Remedies under labor laws;
g) Remedies under Wild life (protection)Act, 1972;
h) Remedies under Forests (Conservation
)Act, 1980.

14. GENRAL POWERS OF THE CENTRAL GOVERNMENT
Powers of central Government to take Measures to
Protect and Improve Environment
1. Subject to provisions of this Act, the Central
Government shall have the power to take all such
measures as it deems necessary or expedient for
the purpose of protecting and improving the
quality of the of the environment and preventing
controlling and reducing environmental pollution.
2. Section 3(2) states that without prejudice to the
generality of the provisions of sub-section 1 such
measure may include measures with respect to all
or any of the following matters, namely:

15.  Co-ordination of actions by the State Governments,
officers and other authorities
a) Under this Act, or the rules made there under, or
b) Under any other law for the time being in force
which is relatable to the objects of this Act;
 Planning and execution of a nation-wide program
for the prevention, control and reduction of
environmental pollution;
 Laying down standards for the quality of
environment in its various aspects;
 Laying down standards for emission or discharge of
environmental pollutants from various sources
whatsoever;

16. Cantd
 Restriction of areas in which any industries,
operations or processes or class of industries,
operations or processes shall not be carried out or
shall be carried out subject to certain safeguards;
 Laying down procedures and safeguards for the
handling of hazardous substances;
 Examination of such manufacturing processes,
materials and substances as are likely to causes
environmental pollution;
 Carrying out and sponsoring investigations and
research relating to problems of environmental
pollution;

17.  Collection and dissemination of information in
respect of matters relating to environmental
pollution;
 Preparation of manuals, codes or guides relating to
the prevention, control and reduction of
environmental pollution;
 such other matters as the central Government
deems necessary or expedient for the purpose of
securing the effective implementation of the
provisions of this Act.
3. The Central Government may, if it Considers it
necessary or expedient so to do for the purpose of
this Act, by order, published in the Official Gazette,
constitute an authority.

18. MEASURES TAKEN BY THE CENTRAL GOVERNMENT TO
PROTECT AND IMPROVE ENVIRONMENT.
In order to give effect to constitutional provisions, the
central Government has taken several measures in the
from of enactment of acts for Environmental Protection
which are as fallows:
1. The Environment (Protection) Act, 1986: It is the
umbrella legislation which authorize the Central
Government to protect and improve environmental
quality, control, and reduce pollution from all
sources, and prohibit or restrict the setting and/or
operation of any industrial facility on environmental
grounds.
2. Acts relating to water pollution: These are comprehensive
in their coverage, applying to streams inland
water, subterranean water, and seas or tidal water.

19. 3.Acts relating to Air pollution: These are aimed at
prevention, control, and abatement of air pollution.
4. Acts relating to forest conservation: These are
provided for the conservation of forests, and for
matters connected therewith or ancillary or
incidental thereto.
5. Acts relating to wildlife protection: These are
provided for the protection of wild animals, birds
and plants and for matters connected therewith or
ancillary or incidental thereto with a view to ensure
the ecological and environment security of the
country.
.

20. 6. Acts relating to Biological Diversity: These are
provided for conservation of biological
diversity, sustainable use of its components well as
fair and equitable sharing of the benefits arising out
of the use of biological resources and knowledge
associated with it.
7. Acts relating to public Liability Insurance: These are
aimed provided for public liability insurance to
persons affected by accidents occurring while
handling substances.
8. Rules relating to Noise Pollution: These are aimed
at controlling noise levels in public places from
various sources like industrial activity, construction
activity, generator sets, loud speakers, address
systems.

21. 9. Rules relating to Management of Hazardous
Substances: These are aimed to control the
generation, collection, treatment, import, storag
e, and handling of hazardous waste.
PREVENTION,CONROL,AND REDUCTION OF
ENVIRONMENTAL POLLUTION
 Persons Carrying on Industry Operation, etc
 Persons Handling Hazardous Substances to
comply with procedural safeguards
 Furnishing of Information to Authorities and
Agencies in Certain cases
 Powers of Entry and Inspection

22. Cond
 Powers to take sample and Procedure to be
fallowed in connection therewith
Environmental Laboratories