Critically examine the powers of Central Government under Environmental Protection Act, 1986 for the protection and improvement of environmental conditions.
CS Executive · Economic and Commercial Laws · PYQS · December 2017
Critically examine the powers of Central Government under Environmental Protection Act, 1986 for the protection and improvement of environmental conditions.
Answer & Explanation:
The Central Government has been granted general powers under Section 3 of Environment Protection Act, 1986 to take all such measures as it deems necessary, for protecting and improving the quality of the environment and for preventing, controlling and abating environmental pollution. Such measure include with respect to all or any of the following matters: coordinating the actions of various State Governments, officers and authorities under this Act or rules made thereunder or under any other law concerning environmental pollution; planning and execution of a nation-wide programme for the prevention, control and abatement of environmental pollution; laying down standards for the quality of environment; laying down standards for emission or discharge of environmental pollutants (different standards may be laid down for different sources of emission or discharge of environmental pollutants); restricting the carrying on of industries, operations or processes in certain areas or permitting them to be carried out subject to certain safeguards; laying down procedures and safeguards for the prevention of accidents which may cause environmental pollution and remedial measures for such accidents; laying down procedures and safeguards for the handling of hazardous substances; examining manufacturing processes, materials and substances as are likely to cause environmental pollution; carrying out and sponsoring investigations and research relating to problems of environmental pollution; inspecting any premises, plant, equipment, machinery, manufacturing process, materials, etc. and issuing directions to any person officer or authority etc. to take steps for the prevention, control and abatement of environmental pollution; establishing or recognising environmental laboratories; collecting and disseminating information relating to environmental pollution; preparing manuals, codes, guides etc. to prevent control and abate environmental pollution; such other matters as the Central Government deems necessary or expedient for the purpose of securing the effective implementation of the provisions of the Act. The Central Government is also empowered under Section 3(3) to constitute by order one or more authorities for exercising and performing such powers and functions of the Central Government as may be specified in the order.
Topics: Environmental Protection Act, 1986
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