THE ENVIRONMENT (PROTECTION) ACТ, 1986
INTRODUCTION
Since the sixties concern over the state of environment has grown the world over. There has been substantive decline in environment quality due to increasing pollution, loss of vegetal cover and biological diversity, excessive concentrations of harmful chemicals in the ambient atmosphere and in food chains, growing risks of environmental accidents and threats to life support systems. The decisions which were taken at the United Nations Conference on the Human Environment held in Stockholm in June, 1972 were based on the world community's resolve to protect and enhance the environmental quality. While participating in the said Conference Government of India strongly voiced the environmental concerns. Although several measures had been taken for environmental protection both before and after the Conference it was found necessary to enact a comprehensive law on the subject to implement the decisions of the Conference. Accordingly the Environment (Protection) Bill was introduced in the Parliament.
STATEMENT OF OBJECTS AND REASONS
(1) Concern over the state of environment has grown the world over since the sixties. The decline in environmental quality has been evidenced by increasing pollution, loss of vegetal cover and biological diversity, excessive concentrations of harmful chemicals in the ambient atmosphere and in food chains, growing risks of environmental accidents and threats to life support systems. The world community's resolve to protect and enhance the environmental quality found expression in the decisions taken at the United Nations Conference on the Human Environment held in Stockholm in June, 1972. Government of India participated in the Conference and strongly voiced the environmental concerns. While several measures have been taken for environmental protection both before and after the Conference, the need for a general legislation further to implement the decisions of the Conference has become increasingly evident.
(2) Although there are existing laws dealing directly or indirectly with several environmental matters, it is necessary to have a general legislation for environmental protection. Existing laws generally focus on specific types of pollution or on specific categories of hazardous substances. Some major areas of environmental hazards are not covered. There also exist uncovered gaps in areas of major environmental hazards. There are inadequate linkages in handling matters of industrial and environmental safety. Control mechanisms to guard against slow, insidious build up of hazardous substances, especially new chemicals, in the environment are weak. Because of a multiplicity of regulatory agencies, there is need for an authority which can assume the lead role for studying, planning and implementing long-term requirements of environmental safety and to give direction to, and co-ordinate a system of speedy and adequate response to emergency situations threatening the environment.
(3) In view of what has been stated above, there is urgent need for the enactment of a general legislation on environmental protection which inter alia, should enable co-ordination of activities of the varlous regulatory agencies, creation of an authority or authorities with advocate powers for environmental
protection, regulation of discharge of environmental pollutants and handling of hazardous substances, speedy response in the event of accidents threatening environment and deterrent punishment to those who endanger human environment, safety and health.
(4) The Bill seeks to achieve the above objects.
AСТ 29 OF 1986
The Environment (Protection) Bill having been passed by both the Houses of Parliament received the assent of the President on 23rd May, 1986. It came on the Statute Books as THE ENVIRONMENT (PROTECTION) ACT, 1986 (29 of 1986) (Came into force on 19-11-1986).
AMENDING AСТ
The National Green Tribunal Act, 2010 (19 of 2010).