Overview of The Environment (Protection) Act, 1986

The Environment (Protection) Act, 1986 is the umbrella legislation that acts as a framework for studying, planning, and implementing long-term environmental safety requirements and laying down a system of speedy and adequate response to situations threatening the environment. The EP Act, 1986 was enacted under Article 253 of the Constitution and provided for the enactment of environment-related legislation for giving effect to international agreements. The scope of the Environment (Protection) Act is vast. It encompasses the regulations and penal provisions for any such industrial activity that may harm the environment. Penal provisions include imprisonment for a term extending upto five years and fine or environmental compensation, which may extend upto ₹ one lakh or both. Industrial units must comply with the Water (Prevention and Control of Pollution) Act, 1974 and the Air (P&CP) Act, 1981, for their waste discharge. Still, industrial waste is seen as one of the primary agents that have the potential to harm the environment.

Significance of The Environment (Protection)Act, 1986for Businesses

The EP Act empowered the CPCB to specify environmental quality standards and bar the discharge of environmental pollutants over prescribed standards. It is, therefore, crucial legislation for industries, particularly those that emit or discharge Pollutants. Essential elements from the Act include-

• Under the EP Act, environment agencies like CPCB and SPCB/PCC, on behalf of the Central government, have the authority to enter the industrial premises for examination, testing of equipment and other purposes and the power to analyse the sample from discharges.
• CPCB, in the exercise of the powers conferred by this Act, can direct closure, prohibition or regulation of any industry, operation or process. It can also cut off or regulate the supply of electricity, water, or any other service if necessary.

• As per section 19, no Court shall take cognisance of any offence under this Act except on complaints made by the Central Government or authority of the government. The Act empowers even a person to file a complaint in court regarding contravention of provisions of the Act.
• Section 7 of the environment (Protection) Act 1986suggests that no person in the country shall be carrying out any activity or operation in which there is a significant emission of gases or other industrial discharges which may lead to environmental pollution. Section 8 states that any person handling the hazardous substance must comply with the procedural safeguards.
• Section 16 of the Act explains the offences by companies through the principle of vicarious liability of the in-charge person such as directors, Managers and secretaries etc. if the offence is committed by any company subject to a few exceptions.
• Section 23 of the Environment (Protection) Act empowers the state government to restrict and regulate industrial setups, operations, processes, or classes of industries in their states. Therefore specific industries have been restricted to function, while some can be allowed to function subject to certain post compliance.

Responsibilities of the Government Departments

The EP Act ensures that the government agencies and the officers, too, have accountability towards the environment. If a Department of Government commits an offence and it is proved that the offence has been committed with the consent, knowledge or neglect on the part of any officer other than the Head of the Department, such person will be held accountable be liable for prosecution according to section 17 of the Environment (Protection) Act, 1986.

Documents Required for Consent NOC

Though the Act came into effect in 1986, after the Water Act and the Air Act, it is the umbrella legislation for all environment-related legislation. The Consent requirements for businesses are governed in accordance to the provisions Air Act and The Water Act. The documents required for the purpose of consent NOC includes

Documents needed for CTE

• Online Application
• Site Plan with a roadmap 
• Project Report
• Layout plan
• Prescribed Undertaking
• Registration Certificate
• Consent fee (if applicable)
• Details of manufacturing process including a list of machinery, finished products, the capital cost (land, building, and plant machinery),
• Ownership documents such as rent /lease agreement
• Any other Document specified in the Application Form

Documents required for CTO

• Online Application
• CA certified balanced sheet
• Copy of CTE issued
• Details of water and air pollution control devices (their location on the premises, capacity and exit points of the discharge)
• land-related documents
• Consent fee (as applicable)
• Laboratory analysis report of the trade effluent and emissions.
• Site Plan along with the road/ route map
• Copy of any environmental clearance or other permission required from the State Government.

Any other Document specified in the CTO application form

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