Environment (Protection) Act, 1986

The Environment (Protection) Act, 1986 is an umbrella law empowering the Union government to protect and improve environmental quality and control pollution. It grants broad regulatory, rule-making and enforcement powers over industries, pollutants, hazardous substances and environmentally sensitive locations.

Power to frame environmental regulation

Under Section 3, the Central Government may take all measures it considers necessary or expedient for environmental protection and pollution control. It may coordinate state action, formulate nationwide programmes and constitute authorities to exercise delegated functions.

• It may prescribe standards for environmental quality and for the emission or discharge of pollutants.
• It may restrict industries, operations or processes in specified areas and prescribe safeguards for accidents and hazardous substances.
• It may make rules under Sections 6 and 25 concerning pollution standards, hazardous substances, industrial siting and accident prevention.
• These powers, read with the Environment (Protection) Rules, provide the legal basis for prior environmental clearance under the EIA Notification, 2006.

Power to issue binding directions

Under Section 5, the Central Government may issue written directions to any person, officer or authority, who is legally bound to comply. This includes directing the closure, prohibition or regulation of an industry, operation or process, and regulating or stopping electricity, water or other services.

Inspection, monitoring and information powers

• Under Sections 10-11, authorised officials may enter and inspect premises, examine equipment and records, search for evidence and take samples according to the prescribed procedure.
• Under Sections 12-13, the Central Government may establish or recognise environmental laboratories and appoint or recognise government analysts.
• Under Section 20, it may require persons, officers, state governments or authorities to furnish reports, statistics, accounts and other information.

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