THE ENVIRONMENT (PROTECTION) ACT; 1986

1 · T1) This Act may be called the Environmcnt (Protection) Act, Short 86. title: ex- tent and (2) Itextendg 0 Ihe whole of Iodia com- Central nience- (3) It shall come into forcc OD such date 35 the ment; Government Inay, by notification in the Official Oazette: appoint and dilicrent dates mwy bc appointed for diffcrcnt provirionx oC this Act and For different afeas.

2 · Iu lhis Act,unless the context Olherwise requires: environmcnt includes water; air and land and the inter- rclationship which exists among and belween water, air and land, and human beings, Oher livinge creatures, plauts. micro- organism and property; (6) environmenlal poilutant" means any solid. liquid or ga - seous substance prexent in such concentrativn as mnay bc. or tend to be. injuriousto environmenl; {c) "cnxirormental polluticn' Bcans the prexence in the e- vironmentofanvcnvironmeptal pollutant; bindling" in relation lo any subslance. means the maqufac- tury processing; trcatmnent, package, strage, [ransporation. uSc;, collection, destructlon. conversion, Offering far xale; transfer or the like of such substanec; bazardous substance mcans an} substance Ur preparalion which. by reason of its chemical Or physico-chemical proper - Ties Or handling: is liable to cause harm to human beings . other living creatures, plants, micro-organistn. property or theenvjronment: occupicr" in relation t0 any faclory Or premises. means 1 person who has control over the affairv of the factory or thc premiscs and includes in relacion 40 any substance. the peTson in possession of the substance; (g) 'prcscribed means prexribed by rulex made under this Act

4 · (1) Without prejudice tc the provisions of sub-section (3) of Appoint section 3, the Central Goverment may appoint officers with such ment of designations a5 it thinks fit for the purposes of this Act and may eflcers and their entrust {0 them such ofthe pOwers and funclions under Lhis Act &s it powes may deem fit . and fuuc: Mons, (2) The officers appointed under sub-section (I) shall be subject L0 the general control and direction of the Central Goverament or . if S0 directed by that (ovcrnment, also of the aurhority or authorities, if any, constituted under sub-scction (3) of section 3 or ol any olher authority 0r officer 5, Notwithstanding auything contained in any other law but Powcr subjecl t0 the provisions of this AcL, the Central Governmeni may,in [0 eivc the exercise of its powers and performance of its functions under this direc - Act.issue directions in writing (0 any person, officer Or any authority tons and such person. officer or authority shall be bound Lo comply with such directions

9 · (1) Where the discharge of avy environmental pollutant in Yunish- cxcoss af the prescrihed Standards occurs or is apprehended to Occur Ing &i due_&o a0y accident Or othcr unforeseen act OT Event; thc person inlorta: tion (0 responsible for such discharge and thc persan in charge of the placz at authori- which such discharge uccurs t' is apprebended to occur shall be [ics and bound to prevent LDT mitigale the envizonnental pollution caused agencic: 45 & rcsuit of such discharge aud shall also forlhwith: in ccri4in rasck (a} intimate the fact of such Occurrence or apprebension of such occurrence; and (b) &x buund, if callced upon, to reuder all assislanct; to such authorities Of agencies a8 may be prescribed, (2). On receipt of information "ith respece to the ` fact O5 apprehenyion of any OCcurrenec of the nature referred to in sub section (1) whether through intimation uuder that sub-serion or otherwise, the authorities Or agencies referred t0 jn sub-section (1) shall. 05 carly a5 practicable, cause sucb remcdial ncacures I0 be takcn 45 are neceSsary to prevent Or mitigate thc environmental pollution: (3) The Exprnsesifany,incurred byanyauthority Or ugency with TCSpECl I0 the remerlia] mcasures refered 1o in sub-Scclicn (2} together' with interest (at such reasonable rate as the Governtent may, by order, fix) frum lhc dale when a demand fot tbe expenscs is made until it is paid may be recovered by such authority or agency from the person concemer a$ arrears of land revcouc Or of' public demand 10. (I) . Subject t0 Lhe pruvisious of this Seciicn; ~any person Powers empowered by the Central Government in this behalf shall bave 9 of ent:y right to entcr; al all rcasonable times with such assistance a5 he wd jas - cousiders necessary- protioa- any place: _ (a) for the purpose of perfomiug any of the futictiong of tht Central Government entrusted to hit; (b) for the purpoge of dctermining whether &nd if so in wbat manner, any such funclions are 1o hc perfommcd or whether any provjsions of this Act O the rules Inade thereunder Or any notice. order. dirtcticn Or authorisation Scrved . made; given or granted under this Act is being or has bitn complied with;

12 · (1) The Central Government mnay, by notification in thc Environ- Oficial Gazette: mentzl labora- (a) establish one Or more environmintal laboratories: (OIICS,

17 · (1) Where an offence under this Act has been committcd by Cffcnces by any Departtnent of Government; the Head of the Departmcnt Shall Guverpmcnt be deemed t0 bc guilty bl the uffince aud shall be liable t0 be Dep2nz- Iucots. proceeded against and punished accordingly: Provided that notbing contained in thix sectien shall render such Head of tlic Deparlmeut liable to Jy punishment i he prOVCS tbat the offedce was comnutted without his knowledge Or that bc exercised all duz diligence to prcvenr the comnmission ol guch offencc; (2) Notwithsranding anything contained W sub-sction (1) where 37, offence under Ibis Act has hccn commiltcd bya Departmenl of Goverament and it is proved that the offence bas beeu committed with the consent or connjvauce of, or js atlribuiable 10 any neglecl on the part of, any officed; other than the Head of the Dcparimnent, such officer shall also be deeined to bc guilty of (hal ofifence and shall be liable Lo b proceeded against and punished accordingly:

23 · Without prcjudice (0 the provisions of sub-section (3) of Pourr [0 section % , Lhe Ceutral Government may bynotification in the Official delcgatc Gazette, delegate, subjecl to such conditions and limitations a8 may be specified in Lhe notification, such ofits powers and functions under this Act, [except the power t0 constitute &n aulhority under sub- section (3) of scction 3 and I0 make rules under section 2S]as it may deem becessary or' expedient; to any officer, State Govemment or other authority

24 · (1) Subjecl [0 the provisions of sub-section (2). the pro- Effcct o visions of this Act and the rules or orders made there in shall have uthier iaws effecl norwithstanding anything inconsistent therewith contained in any enactmenl (her than this Act. (2) Where any act or omission conslitutes an uffence punishable undcr this Aci and also under &uy other Act then thc offender found guilty ol such offence shall be liable to bx punished under the olher Act and not under this Act:

25 · (1) The Central Govcrment may.by notification in Official Power T0 Gazelte, make rules for carrying out the purposes of this Act- make rules, (2} In parlicular, and without prejudice to the generality of the foregoing power, such rules may provide for all Or any of the following malters, namely: (a) the standards in cxcess of which environmental pollutants shall not be discharged or cmilted under seclian 7; (bj the procedure in accordancc with and Ihe safeguards in compliance with which hazardous substances shall be han- dled or cause [0 be handled under section 8;