The Environment (Protection) Act, 1986
Parliament enacted The Environment (Protection) Act, 1986, Act No. 29 of 1986, on 23 May 1986 to protect and improve the environment and prevent environmental hazards to people, living creatures, plants and property throughout India. The text includes later amendments adding an appeal to the National Green Tribunal and provisions concerning the Environmental Protection Fund.
What the Act governs
The Environment (Protection) Act, 1986 applies throughout India and defines the environment as including water, air, land and their relationships with people, other living creatures, plants, microorganisms and property. It gives the Central Government broad powers to protect environmental quality and prevent, control and reduce pollution.
The Act can affect property owners, occupiers and businesses where land or premises are used for an industry, operation or process, or where hazardous substances are handled.
Central Government powers
The Environment (Protection) Act, 1986 authorises the Central Government to:
- Set standards for environmental quality and for emissions or discharges from different sources.
- Restrict areas where industries, operations or processes may operate, or require safeguards in those areas.
- Establish procedures for handling hazardous substances and preventing pollution accidents.
- Inspect premises, plants, machinery, processes, materials and substances.
- Establish or recognise environmental laboratories and collect environmental information.
- Constitute authorities and appoint officers to exercise specified powers and functions.
- Issue written directions to any person, officer or authority.
A written direction may require the closure, prohibition or regulation of an industry, operation or process. It may also require the stoppage or regulation of electricity, water or another service.
Duties affecting premises and operations
The Environment (Protection) Act, 1986 prohibits anyone carrying on an industry, operation or process from emitting or discharging environmental pollutants above prescribed standards. Hazardous substances may be handled only under prescribed procedures and safeguards.
If an excessive discharge occurs or is expected because of an accident or unforeseen event, the responsible person and the person in charge of the place must:
- Prevent or reduce the resulting pollution.
- Immediately inform the prescribed authorities or agencies.
- Provide assistance when called upon.
Authorities may take necessary remedial measures. Their expenses, with interest at a reasonable rate fixed by government order, may be recovered from the person concerned as arrears of land revenue or public demand.
Appeals and enforcement
The Environment (Protection) Act, 1986 permits a person aggrieved by a Central Government direction issued under section 5, on or after the commencement of the National Green Tribunal Act, 2010, to appeal to the National Green Tribunal in accordance with that Act. The listed provisions also cover inspection, sampling, laboratories, penalties, adjudication and appeals.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Does the Environment (Protection) Act, 1986 apply to property in Tamil Nadu?
Yes. The Act extends to the whole of India, and its definition of environment expressly includes land and property.
Can an industry operating from my property be closed under this law?
Yes. The Central Government may issue written directions for the closure, prohibition or regulation of an industry, operation or process.
Can electricity or water be stopped for environmental non-compliance?
Yes. The Central Government's power to issue directions includes stopping or regulating electricity, water or another service.
Who pays for cleaning up pollution caused by an accident?
Authorities may recover the expenses of necessary remedial measures, together with interest fixed by government order, from the person concerned as arrears of land revenue or public demand.
