Previous Year Question
Consider the following statements.
The Environment Protection Act, 1986 empowers the Government of India to
State the requirement of public participation in the process of environmental protection and the procedure and manner in which it is sought.
Lay down the standards for emission or discharge of environmental pollutants from various sources.
Which of the statements given above is/are correct?
Only 1
Only 2
Both 1 and 2
Neither 1 nor 2
Correct Answer: B
Detailed Solution
The Environment Protection Act, 1986 is a comprehensive central law enacted for the protection and improvement of the environment.
It grants the Central Government broad powers to take measures for environmental protection.
The Act does not specifically mention a power to prescribe the requirement of public participation in environmental protection and the procedure and manner for obtaining it. Therefore, Statement 1 is not correct.
Public consultation and public hearings are provided for certain projects under the Environmental Impact Assessment Notification, but this is not identical to the express statutory power described in Statement 1.
Section 3 of the Act empowers the Central Government to take measures for protecting and improving environmental quality.
Under Section 3, the Government may take measures to prevent, control and abate environmental pollution from different sources.
Section 6 of the Act provides the power to frame rules prescribing standards for the emission or discharge of environmental pollutants.
Different standards may be prescribed for different industries, processes and sources of pollution. Therefore, Statement 2 is correct.
Under Section 7, no industry, operation or process may emit or discharge environmental pollutants beyond the prescribed standards.
Section 5 empowers the Central Government to issue binding directions, including the closure, prohibition or regulation of any industry.
Such directions may also include the stoppage or regulation of the supply of electricity, water or other services.
Emission and discharge standards for different pollutants have been prescribed through the Environment Protection Rules, 1986.