ENVIRONMENT PROTECTION ACT,1986

sree nivas July 5, 2022 GS3 Leave a comment 351 Views

The Ministry of Environment, Forest and Climate Change proposed amendments in the Environment Protection Act, 1986.
Incidentally, the Environment Protection Act provisions will be in force for penal provisions of the single use plastic ban which has come into force recently.

Key Amendments Proposed in the Environment Protection Act

The Ministry has proposed the decriminalisation of the existing provisions of the EPA, 1986 in order to weed out fear of imprisonment for simple violations.
It involves removal of imprisonment as a penalty for the “less severe’’ contraventions.
However, serious violations of EPA which lead to grievous injury or loss of life shall be covered under the provision of Indian Penal Code.
Failure or contravention or non-compliance of the provisions of EPA such as submitting reports, furnishing information etc. will now be dealt by imposing a monetary penalty through duly authorised Adjudicating Officer.
Instead of imprisonment, the amendments propose the creation of an Environmental Protection Fund in which the amount of penalty imposed by the Adjudicating Officer after adjudicating the damage to the environment shall be remitted.
The Central Government may prescribe the manner in which the Protection Fund shall be administered.

Environment (Protection) Act,1986

The EPA, 1986 establishes the framework for studying, planning, and implementing long-term requirements of environmental safety and laying down a system of speedy and adequate response to situations threatening the environment.’
The roots of the enactment of the EPA lies in the United Nations Conference on the Human Environment held at Stockholm in June,1972 (Stockholm Conference), in which India participated, to take appropriate steps for the improvement of the human environment.
The Act implements the decisions made at the Stockholm Conference.

Constitutional Provisions:

The EPA Act was enacted under Article 253 of the Indian Constitution which provides for the enactment of legislation for giving effect to international agreements.
Article 48A of the Constitution specifies that the State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.
Article 51A further provides that every citizen shall protect the environment.
EPA empowers the Central Government to establish authorities charged with the mandate of preventing environmental pollution in all its forms and to tackle specific environmental problems that are peculiar to different parts of the country.
Plan and execute a nation-wide programme for the prevention, control and abatement of environmental pollution.
Lay down standards for the quality of the environment in its various aspects like emission or discharge of environmental pollutants from various sources.
The Central government as per the Act has the power to direct:
The closure, prohibition or regulation of any industry, operation or process.
The stoppage or regulation of the supply of electricity or water or any other service.
Non-compliance or Contravention to any of the provisions of the Act is considered as an
The Central Government or any authority on behalf of the former.
A person who has approached the Courts after a 60-day notice has been furnished to the Central Government or the authority on its behalf.
In case of any non-compliance or contravention of the current provisions of the EPA, or of the rules under this Act, the violator can be punished with imprisonment up to 5 years or with a fine up to Rs 1,00,000, or with both.
In case of continuation of such violation, an additional fine of up to Rs 5,000 for every day during which such contravention continues after the conviction for the first such contravention can be levied.
If the violation continues beyond a period of one year after the date of conviction, the offender can be punished with imprisonment for a term which may extend to seven years.