State the procedure to take samples under Environmental Protection Act, 1986.

CS Executive · Economic and Commercial Laws · PYQS · December 2017
State the procedure to take samples under Environmental Protection Act, 1986.

Answer & Explanation:

The Law provides for powers of entry and inspection under Section 10 of the Environment Protection Act, 1986. Accordingly any person empowered by the Central Government in this behalf has been authorised to enter at all reasonable times, any place for the purpose of performing any of the functions entrusted to him. The Central Government or any officer empowered in this behalf, is authorised under Section 11 of the Environmental Protection Act, 1986 to take, for the purpose of analysis, sample of air, water, soil or other substances from any factory, premises or other place in such manner as may be prescribed. However, the power of the person collecting samples is subject to fulfilment of following requirement: a notice of the intention to have the sample so analysed is served on the occupier or his agent or the person in charge of place; the sample is collected in the presence of the occupier or his agent or the person in charge; the container(s) in which the sample has been placed is marked and sealed and signed both by the person taking the sample and the occupier or his agent or the person in charge; the samples are sent to the environmental laboratories without any delay. The procedure for taking samples, service of notice to the occupier, his agent or the person in charge, submission of samples for analysis, and the form of the laboratory report are provided for in the Environment (Protection) Rules, 1986.

Topics: Environmental Protection Act, 1986

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