About Environment(Protection) Act, 1986
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- Enacted in 1986, the Environment (Protection) Act stands as a powerful and comprehensive legal tool dedicated to safeguarding the environment.
- Rooted in Article 48A and Article 51A of the Indian Constitution.
- The Central Government is empowered to prevent and control pollution, establishing effective mechanisms.
- Authorization for collecting samples as evidence of environmental offenses.
- Special procedure for handling hazardous substances.
- Relaxation of “Locus Standi,” allowing common citizens to approach the court with a 60-day notice.
- Central Government can issue directives for industry operation, prohibition, closure, or regulation.
- Authority to stop or regulate the supply of electricity, water, or services without a court order.
- Stringent penal provisions, include imprisonment up to five years, fines, and daily penalties for persistent violations.
- The immunity granted to government officers for actions under the Act.
- Civil Courts are barred from entertaining suits related to actions by the Central Government or statutory authorities.
- Supremacy of the Act’s provisions over anything inconsistent in other enactments, excluding the Act itself.
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Environment Protection Act Amendment 2022
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- The provision for imprisonment is set to be replaced with a requirement for fines as an alternative.
- The proposed fines, serving as an alternative to imprisonment, are substantially increased, ranging from 3 lakh to 5 crore rupees for contraventions of the Act.
- However, severe violations resulting in grievous injury or loss of life will subject offenders to the provisions of the Indian Penal Code, 1860, along with Section 24 of the EP Act.
- This shift away from prison terms also extends to the Air Act, primarily addressing air pollution, and the Water Act, addressing violations related to water bodies.
- An “adjudication officer” will be appointed to determine penalties in cases of environmental violations, such as failing to submit reports or provide requested information.
- The funds collected as penalties will be directed to an “Environmental Protection Fund.”
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