4th Semester B.Com.

Business Regulations
Module – 05
Environment Protection Law
 Introduction & Meaning:
Environment: Environment refers to the natural world and surroundings in which
living beings (humans, animals, plants) exist and interact.
Environment protection act, 1986: is a comprehensive legislation enacted by the
Parliament of India with the primary aim of providing for the protection and
improvement of the environment.
It was introduced in the wake of the Bhopal Gas Tragedy in 1985, highlighting the
need for a regulatory framework to address environmental issues. The act serves as an
umbrella legislation designed to provide a framework for coordinating, supervising, and
enforcing environmental protection standards.
 Objectives of the Act:
 To Protect and Improve Environmental Quality:
The act aims to prevent, control, and abate environmental pollution to ensure a
healthy environment for all citizens.
 Regulation of Environmental Pollutants:
It seeks to regulate the discharge of environmental pollutants and the handling of
hazardous substances.
 Comprehensive Environmental Protection:
The act endeavors to take appropriate measures for understanding and mitigating
environmental pollution in its entirety, not just specific aspects or factors.
 Legal Framework for Environmental Protection:
It provides a legal framework for planning and executing a nationwide program
for the prevention, control, and abatement of environmental pollution.
 Definitions of Important Terms:
1. Environment: (Section 2(a))
Under the Act, “Environment” includes water, air, and land, and the
interrelationship which exists among and between water, air, and land, and human
beings, other living creatures, plants, microorganisms, and property.
Example: The soil in a forest, the air we breathe, the river flowing through a
village, animals living in a jungle, and human homes are all part of the
environment.

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Shridhara. S Assistant Professor,
Triveni Institute of Commerce and Management, Bangalore University
4th Semester B.Com. Business Regulations
2. Environmental Pollutant: (Section 2(b))
An “environmental pollutant” is defined as any solid, liquid, or gaseous substance
present in such concentration as may be, or tend to be, injurious to the environment.
Example: Excess carbon monoxide (co) from vehicle exhaust is an environmental
pollutant because it harms air quality and health.
3. Environmental Pollution: (Section 2(C))
“Environmental Pollution” means the presence in the environment of nay
environmental pollutant.
Example: Dumping untreated waste into a river causes environmental pollution of
water.
4. Hazardous Substance: (Section 2(e))
“Hazardous substance” is any substance or preparation which, by reason of its
chemical or physico-chemical properties or handling, is liable to cause harm to
human beings, other living creatures, plants, microorganisms, property, or the
environment.
Example: Methyl Isocyanate (MIC) used in the Bhopal gas plant is a hazardous
substance due to its toxic nature.
5. Occupier: (Section 2(f))
In relation to any factory or premises, “occupier” means a person who has control
over the affairs of the factory or the premises and includes in relation to any
substance, the person in possession of the substance.
Example: The manager of a chemical factory is considered the occupier because he
controls the operations and handling of substances.
 Types of Pollution in Environment Protection act 1986:
Environment protection act, 1986, does not explicitly categorize pollution types
within its text. However, it empowers the central government to take all necessary
measures to prevent and control pollution and to establish quality standards for the
environment, which implicitly covers various types of pollution. Based on the provisions
of the act and the general understanding of environmental pollution, the following types
of pollution can be addressed under its framework:
1. Air Pollution:
This refers to the contamination of the atmospheric air due to the presence of
harmful substances, including gases (like SO2, NOx, CO2, CO), particulates, and
biological molecules, which pose health risks to humans, animals, and plants, and
damage the environment. The Act allows for the regulation of industrial emissions and
vehicular exhaust to control air quality.

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Shridhara. S Assistant Professor,
Triveni Institute of Commerce and Management, Bangalore University
4th Semester B.Com. Business Regulations
Example: Emission of carbon monoxide form vehicles.
Sulphur dioxide (SO2) released by coal-burning factories.
Punishment:
 Imprisonment up to 5 years or fine up to RS. 1,00,000 or both.
 if the offence continues, an additional fine of RS. 5,000 per day.
 If it continues beyond 1 year, imprisonment may extend to 7 years.
Remedies:
 Installation of pollution control equipment (like scrubbers).
 Use of clean fuels (CNG, electric).
 Regular vehicle emission checks.

2. Water Pollution:
Water pollution occurs when harmful substances- chemicals, waste, or
microorganisms-contaminate water bodies, affecting water quality and making it
toxic to humans and the environment.
The act encompasses the control and prevention of discharge of pollutants into water
bodies, setting standards for the discharge of effluents and the treatment of sewage
and industrial waste.
Example: Discharge of Untreated sewage into rivers.
Oil spills from tankers into oceans.
Punishment:
 Same as above under EPA, 1986.
 Industries may also face action under the water (prevention and
Control of pollution) act, 1974.
Remedies:
 Effluent Treatment Plants (ETPs) must be installed.
 Strict monitoring and compliance reports.
3. Soil Pollution:
Soil or land pollution is the degradation of the Earth’s land surfaces, often caused by
human activities and their misuse of land resources. It results from the disposal of
solid and hazardous waste, agricultural chemicals, and industrial activities.
The act includes measures to manage waste, control the use of hazardous substances,
and remediate contaminated sites.
Example: Dumping of chemical-laden industrial waste on open land.

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Shridhara. S Assistant Professor,
Triveni Institute of Commerce and Management, Bangalore University
4th Semester B.Com. Business Regulations
Use of pesticides in excess.
Punishment:
 Closure of plant.
 Seizure of hazardous materials.
 Criminal prosecution as per Section 15 of EPA.
Remedies:
 Safe disposal methods.
 Bioremediation and phytoremediation of polluted land.
 Recycling and waste segregation.

4. Noise Pollution:
Noise Pollution involves exposure to high levels of sound that may harm human
health or comfort, wildlife, and the environment.
While not explicitly mentioned, the Act’s provisions for controlling environmental
pollution implicitly empower the government to take measures against noise
pollution through various rules and regulations enacted under its authority.
Example: loudspeakers or DJ music beyond permissible hours.
Vehicle horns in silence zones (near hospitals/ schools).
Punishment:
 Seizure of equipment
 Fines and police action
 Repeat offences can lead to imprisonment under EPA
Remedies:
 Limiting decibel levels
 Use of soundproofing equipment
 Time restrictions on loudspeakers and public events.

5. Radioactive Pollution:
Radioactive pollution results from the release of radioactive substances or radiations
(like alpha, beta, gamma rays) into the environment, primarily from nuclear power
plants, nuclear tests, and improper disposal of radioactive waste and medical waste.

6. Thermal Pollution:
Discharge of Hot water from industries into water bodies, harming aquatic life.

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Shridhara. S Assistant Professor,
Triveni Institute of Commerce and Management, Bangalore University
4th Semester B.Com. Business Regulations

7. Light Pollution:
Excessive artificial light affecting natural darkness – relevant in wildlife protection
areas.

 Consequences of Different Pollution:

1. Air Pollution:
 Health Effects
 Environment Damage
 Climate Change
2. Water Pollution:
 Health Risks
 Ecosystems Disruption
 Economic Impacts
3. Soil Pollution:
 Reduced Soil Fertility
 Health Impacts via Food Chain
 Environmental Harm
4. Noise Pollution:
 Hearing Loss
 Psychological and Physical Stress
 Wildlife impact
5. Light Pollution:
 Effects on Humans
 Wildlife disruption

 Powers of Central Government to Protect Environment in India:

1. Legislation and Regulation:

Power to make rules: The central government has the power to make
rules to protect and improve the quality of the environment. This includes
setting standards for emissions and discharges of pollutants into the
environment, stipulating procedures and safeguards for handling hazardous
substances, and laying down guidelines for the management of industrial
and other waste.

2. Standards for Environmental Quality:

Setting Standards: The government is empowered to establish standards
for the quality of air, water, and soil for various areas and purposes. This is

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Shridhara. S Assistant Professor,
Triveni Institute of Commerce and Management, Bangalore University
4th Semester B.Com. Business Regulations
crucial for maintaining a healthy environment and for the prevention,
control, and abatement of pollution.

3. Control of Pollution:
Restrictions on Pollutants: The act gives the government the authority to
restrict the industrial and other emissions and discharges of environmental
pollutants. This includes the power to limit the production, handling,
storage, and disposal of hazardous substances.

Prohibition and Closure: The government can also prohibit or restrict

certain industrial activities in specific areas and has the power to order the
closure, prohibition, or regulation of any industry, operation, or process
that violates the provisions of the Act.

4. Environmental Protection:
Conservation Measures: The government can take measures to conserve
specific areas of environmental significance, protect the flora and fauna,
and ensure the welfare of animals and plants.

Environmental impact assessment (EIA): the government can mandate

Environmental Impact Assessments for projects that are likely to have a
significant impact on the environment. This helps identifying potential
environmental impacts and determining mitigation measures before project
approval.

5. Research, Development, and Collaboration:

Promotion of Research and Innovation: The Central Government is
tasked with supporting and promoting research, training, and information
dissemination related to environmental protection. This includes fostering
international cooperation in environmental research and technology
development.

Collection and Dissemination of Information: It has the power to collect

and disseminate information regarding environmental pollution and its
prevention and control.

6. Regulatory Enforcement:
Inspection: The government can appoint officers to inspect facilities and
premises to ensure compliance with the Act. These officers have powers to
enter, inspect, take samples, and examine documents.

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Shridhara. S Assistant Professor,
Triveni Institute of Commerce and Management, Bangalore University
4th Semester B.Com. Business Regulations
Penalties and Legal Action: It can impose penalties on individuals and
industries that fail to comply with the environmental standards and
regulations. This includes fines and imprisonment for violators.

7. Public Participation:
Engagement and Awareness: The government can facilitate public
participation in environmental decision-making processes. This includes
informing the public about environmental issues, conducting public
hearings, and involving communities in conservation projects.

The End…
(Source: India Free Notes & other websites and texts)
(Note: This Notes is used only for Educational purpose and not for Commercial
Purpose)

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Shridhara. S Assistant Professor,
Triveni Institute of Commerce and Management, Bangalore University