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Environment Protection Act
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2. Environment Protection Act, 1986 is an Act of the Parliament of India. In
the wake of the Bhopal Tragedy, the Government of Indiaenacted the
Environment Protection Act of 1986 under Article 253 of the Constitution.
The purpose of the Act is to implement the decisions of the United Nations
Conference on the Human Environments they relate to the protection and
improvement of the human environment and the prevention of hazards to
human beings, other living creatures, plants and property. The Act is an
“umbrella” legislation designed to provide a framework for central
government coordination of the activities of various central and state
authorities established under previous laws, such as the Water Act and the
Air Act.
3. To provide protection and improvement of environment.
Prevention of hazards to human beings, other living creatures, plants and
property.
For prevention and control of environmental pollution.
Laying standards for quality of environment.
Restriction of areas for location of industries.
Safeguards for handling hazardous substances.
Research relating to environmental pollution.
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10. To obtain CONSENT TO ESTABLISH / CONSENT TO OPERATE for new
discharge u/s 25 of the Act.
This is mandatory for every industry/local body discharging any domestic
sewage or trade effluent into water, stream, well, sewer or on land. For this
purpose, consent application has to be filed with State Pollution Control
Board (SPCB) in Form- XIII complete in all respects along with prescribed
consent fee. It is obligatory to provide additional information sought by the
State Board. On receipt of application, State Board may grant the consent
with specific conditions and date of validity or refuse the consent for
reasons to be recorded in writing.
Once after obtaining the consent to establish and installing all facilities
as communicated by the consent, the industry shall apply for consent to
operate for which same form has to be used.
11. The Wildlife Protection Act, 1972 is an Act of the Parliament of India enacted
for protection of plants and animal species. Before 1972, India only had five
designated national parks. Among other reforms, the Act established
schedules of protected plant and animal species; hunting or harvesting these
species was largely outlawed.
The Act provides for the protection of wild animals, birds and plants; and for
matters connected therewith or ancillary or incidental thereto. It extends to
the whole of India, except the State of Jammu and Kashmir which has its own
wildlife act.
12. The act has six schedules which cover the entire gamut of wild life.
a) Schedule I and II are the most potent sections of the act. This section
covers animals which are in the category of endangered species. The sections
in this schedule give absolute protection to certain species and these cannot
be infringed on any account. The value of these sections can bee seen from
the fact that the famous actor Salman Khan was sentenced to 5 years rigorous
imprisonment for shooting a black buck in Rajasthan. The case is under appeal
in the high court. In addition 16 persons have been convicted and sentenced
to various terms of prison up to 7 years for killing a tiger.
b) Schedule III and IV. These also have roughly the same provisions of
Section I and II, but cover animals that are not in danger of becoming extinct.
The penalties under this section are also less than Schedule I and II.
13. c)Schedule V delineates animals that can be hunted like ducks and deer’s.
For this purpose the hunter has to apply for a license to the District Forest
Officer who will allow a hunter to shoot during a specific season and
restricted area. Any infringement can lead to cancellation of the hunting
license.
d) Schedule VI concerns cultivation and plant life and gives teeth to setting
up more protected animal parks.