Act, No. 29 OF [23rd May, ). An Act to provide for the Protection and Improvement of Environment and for Matters Connected therewith. The Environment (Protection) Act, CONTENTS. CHAPTER-I. Preliminary. 1. Short title, extent and commencement. 2. Definitions. THE ENVIRONMENT (PROTECTION). ACT, MINISTRY OF ENVIRONMENT & FORESTS. DEPARTMENT OF ENVIRONMENT, FORESTS & WILDLIFE.
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Environment Protection Act. CAP. Arrangement of Sections. Revised Edition. Page 3. ENVIRONMENT PROTECTION ACT. Arrangement of Sections. Changes authorised by subpart 2 of Part 2 of the Legislation Act This Act may be cited as the Environment Act (2) Schedule Antarctica ( Environmental Protection) Act inserted, on 23 January , by section. Environmental Protection Act. Promulgated, State Gazette No. 91/, corrected, SG No. 98/, amended, SG 86/, supplemented.
Appeals and other provisions relating to legal proceedings and civil liability. Use of fixed penalty receipts. Application to the Isles of Scilly. Transition from Control of Pollution Act to this Part. This Part and radioactive substances. Identification of contaminated land. Identification and designation of special sites.
Referral of special site decisions to the Secretary of State. Duty of enforcing authority to require remediation of contaminated land etc. Determination of the appropriate person to bear responsibility for remediation. Grant of, and compensation for, rights of entry etc. Restrictions and prohibitions on serving remediation notices. Restrictions on liability relating to the pollution of controlled waters. Liability in respect of contaminating substances which escape to other land. Appeals against remediation notices.
Offences of not complying with a remediation notice. Powers of the enforcing authority to carry out remediation. Recovery of, and security for, the cost of remediation by the enforcing authority. Special sites. Land no longer considered to be contaminated. Effect of removal of information from register. Reports by the appropriate Agency on the state of contaminated land. Site-specific guidance by the appropriate Agency concerning contaminated land.
The appropriate Agency to have regard to guidance given by the Secretary of State. Supplementary provisions. Supplementary provisions with respect to guidance by the Secretary of State.
Interaction of this Part with other enactments. This Part and radioactivity. Statutory nuisances.
Statutory nuisances and inspections therefor. Summary proceedings for statutory nuisances. Fixed penalty notice: Abatement notice in respect of noise in street. Expenses recoverable from owner to be a charge on premises.
The Environment (Protection) Act, 1986
Payment of expenses by instalments. Summary proceedings by persons aggrieved by statutory nuisances. Statutory nuisances: Termination of existing controls over offensive trades and businesses. Termination of Public Health Act controls over offensive trades etc.
Application to gases of certain Clean Air Act provisions.
Provisions relating to litter. Offence of leaving litter. Fixed penalty notices for leaving litter. Littering from vehicles: Duty to keep land and highways clear of litter etc. Litter control areas. Summary proceedings by persons aggrieved by litter. Summary proceedings by litter authorities. Litter clearing notices. Appeals against litter clearing notices.
Failure to comply with litter clearing notice. Street litter control notices. Street litter: Fixed penalty notices relating to sections 92C and Free distribution of printed matter.
Application of Part II. Transitional provision relating to section Exclusion of liability. Abandoned trolleys. Powers in relation to abandoned shopping and luggage trolleys. Appointment of inspectors and chief inspector. Fees and charges under Act. Enforcement powers of chief inspector. Application to Crown of Act. Consequential and further amendments of Act. General controls. Risk assessment and notification requirements.
General duties relating to importation, acquisition, keeping, release or marketing of organisms. Consents required by certain persons.
Fees and charges. Appointment etc of inspectors. Rights of entry and inspection. Enforcement powers and offences. Obtaining of information from persons. Power to deal with cause of imminent danger of damage to the environment. Power of Secretary of State to remedy harm. Public register of information.
Exclusion from register of certain information. Advisory committee for purposes of Part VI. Delegation of enforcement functions. Mode of exercise of certain functions. New Councils for England, Scotland and Wales. Creation and constitution of new Councils. Grants to the Council. Countryside matters. Countryside functions of Welsh Council.
Nature conservation in Great Britain. Nature conservation functions: General functions of the Council. Special functions of Councils. Grants and loans by the Council. Transfer of property, rights and liabilities to new Councils.
Schemes for the transfer of property etc. Transfer to Welsh Council of certain property etc. Employment by new Councils of staff of existing bodies.
Offers of employment to employees of Nature Conservancy Council and certain employees of Countryside Commission. Dissolution of Nature Conservancy Council.
Winding up and dissolution of Nature Conservancy Council. Transitional provisions and savings. Other controls on substances, articles or waste. Power to prohibit or restrict the importation, use, supply or storage of injurious substances or articles.
Power to prohibit or restrict the importation or exportation of waste. Powers to obtain information about potentially hazardous substances. Amendments of hazardous substances legislation. Penalties for offences of polluting controlled waters etc. Pollution at sea. Deposits of substances and articles in the sea, etc. Public registers relating to deposits in the sea and incineration at sea.
Oil pollution from ships. Control of Dogs. Seizure of stray dogs. Delivery of stray dogs to. Enforcement of orders about collars and tags for dogs. Straw and stubble burning. Burning of straw and stubble etc. Environmental expenditure. Financial assistance for environmental purposes. The Groundwork Foundation: Power to give effect to Community and other international obligations etc. Offences by bodies corporate. Application to Crown.
Service of notices. Regulations, orders and directions. Consequential and minor amendments and repeals. Financial provisions.
Application of Part VI: Short title, commencement and extent. Part I Grant of Authorisations. Applications for authorisations. Determination of applications. The Secretary of State may give the enforcing authority a Part II Variation of Authorisations.
Variations by the enforcing authority. Applications for variation. Call in of applications for variation. Waste Disposal Authorities and Companies. Part I Transition to Companies. Notice of direction. Applications for exemption from and representations about directions. Formation and status of companies. Transfer schemes. Transfer schemes: A scheme under paragraph 6 above may define the property, Tax and company provisions. Benefit of certain planning permission.
Right to production of documents of title. Where on any transfer by virtue of a transfer scheme Proof of title by certificate. Construction of agreements. Where any of the rights or liabilities transferred by a Without prejudice to the generality of the provisions of paragraph Third parties affected by vesting provisions. Transfer of staff. Information for purposes of transfer scheme.
Terms of waste disposal contracts.
A waste disposal authority shall, in determining the terms and Procedure for putting waste disposal contracts out to tender. A waste disposal authority, in taking any of the following Variation of waste disposal contracts.
Where a waste disposal authority has entered into a contract Avoidance of restrictions on transfer of securities of companies. Conditions for making waste reduction scheme. Incentive under waste reduction scheme. Charges in respect of residual domestic waste. Requirement of revenue neutrality. Procedure for putting scheme in place. A waste reduction scheme must contain provision enabling a person Separate account to be kept.
Contributions by waste disposal authority. Power to make provision as to administration etc. Use of information obtained for council tax purposes. An authority may use for the purpose of administering a Amendment or revocation of waste reduction scheme. Orders and regulations. Production or consumption residues not otherwise specified below. Off-specification products. Products whose date for appropriate use has expired.
Materials spilled, lost or having undergone other mishap, including any Materials contaminated or soiled as a result of planned actions Unusable parts e. Substances which no longer perform satisfactorily e. Residues of industrial processes e.
Residues from pollution abatement processes e. Machining or finishing residues e. Residues from raw materials extraction and processing e. Adulterated materials e. Any materials, substances or products whose use has been banned Products for which the holder has no further use e.
Contaminated materials, substances or products resulting from remedial action with Any materials, substances or products which are not contained in Statutory Nuisances: Supplementary Provisions. Appeals to Sheriff. Powers of entry etc. Offences relating to entry. Default powers. Protection from personal liability. Nothing done by, or by a member of, a local Statement of right of appeal in notices.
Where an appeal against a notice served by a local Free distribution of printed matter on designated land. Offence of unauthorised distribution. Consent and conditions. Seizure of material. Fixed penalty notices. Abandoned Shopping and Luggage Trolleys. Power to seize and remove trolleys. Retention, return and disposal of trolleys. Part I Miscellaneous and Consequential Amendments. Amendments relating to appointment of chief inspector.
Amendments consequential on the introduction of fees and charges. Documents to be sent to local authorities. Mobile radioactive apparatus. Site and disposal records. After section 8 of the Act there shall be Hearings in connection with certain authorisations.
Appeals against certain other decisions of the chief inspector. After the section 11C of the Act inserted by Period within which applications under Act to be determined. Directions to chief inspector. After section 12 of the Act there shall be Offences under Act. Public access to certain information. After section 13 offences of the Act there shall Expenses and receipts. In section 16 of the Act expenses and receipts — In section 18 of the Act meaning of expression In section 20 of the Act application of Act Northern Ireland.
In section 21 of the Act application of Act The Countryside Council for Wales: In this Part of this Schedule any reference to the Constitution and membership.
The council shall be a body corporate. A member of the council who ceases to be a The Secretary of State may remove a member of the Remuneration and allowances for members of council. The council may appoint such number of other employees as The council shall pay to the chief officer and their The council shall, in the case of such of their Delegation of powers. Public Records. In Schedule 1 to the Public Records Act definition Reports, accounts et ceteralaetc. The council shall— a furnish the Secretary of State with Superannuation Act c.
In paragraph 7 of section 39 1 of the Superannuation Act Parliamentary Commissioner Act c. In Schedule 2 to the Parliamentary Commissioner Act departments House of Commons Disqualification Act c. Inheritance Tax Act c. In Schedule 3 to the Inheritance Tax Act gifts The chairman and the three members appointed by the Secretary Remuneration and allowances for members.
The committee shall pay to the three members appointed by Staff etc. Delegation of functions. Amendment of Enactments relating to Countryside Matters. National Parks and Access to the Countryside Act c. The Countryside Act c. Local Government Act c. Highways Act c. Wildlife and Countryside Act c. The Road Traffic Regulation Act c. In section 22 of the Road Traffic Regulation Act The Water Act c.
Amendment of Enactments conferring Nature Conservancy Functions. Deer Scotland Act c.
Deer Act c. Countryside Act c. Conservation of Seals Act c. In section 10 of the Conservation of Seals Act Badgers Act c. Import of Live Fish Scotland Act c. In section 1 of the Import of Live Fish England In section A of the Highways Act environmental assessment Animal Health Act c. Roads Scotland Act c. Agriculture Act c. In section 18 of the Agriculture Act environmentally sensitive Channel Tunnel Act c. In paragraph 5 of Schedule 2, and in paragraph Norfolk and Suffolk Broads Act c.
In the Norfolk and Suffolk Broads Act , for each Electricity Act c. In Schedule 9 to the Electricity Act preservation of Water Act c.
Part I Transfer Schemes: Nature Conservancy Council. Making and approval of schemes. Modification of schemes. Provision of information to Secretary of State. It shall be the duty of the Nature Conservancy Council Contents of schemes. A transfer scheme may— a define the property, rights and For the avoidance of doubt property, rights and liabilities of Part II Transfer Schemes: The Countryside Commission.
It shall be the duty of the Countryside Council for Proposals for staff of Nature Conservancy Council. Not later than such date or dates as the Secretary Proposals for certain staff of the Countryside Commission. Offers of employment. Continuity of employment, redundancy etc.
Where a person becomes an employee of a new Council Where an offer is made to a person in pursuance Part I Countryside Functions. Continuity of exercise of functions. Construction of references to the Countryside Commission. Existing areas of outstanding natural beauty and long distance routes. Construction of references to the Nature Conservancy Council. Pensions for Nature Conservancy Council staff. Existing nature reserves and areas of special scientific interest.
Paragraphs 3, 4, 5, 8, 9, 10 and 12 above The Secretary of State may, in relation to any particular Injurious or Hazardous Substances: Advisory Committee. The Secretary of State shall appoint the members of the The committee shall include persons who appear to the Secretary The Secretary of State may make provision by regulations with The Secretary of State shall provide the committee with such The Secretary of State may pay to the members of Amendments of Hazardous Substances Legislation.
The Environment (Protection) Act, 1986
The Planning Hazardous Substances Act shall be amended as In section 11 deemed hazardous substances consent in transitional cases — In section 12 deemed consent: In section 13 applications for hazardous substances consent in place In section 22 validity of decisions as to applications , in In section 25 1 c provisions of principal Act capable of application Before section 27 there shall be inserted the following section— In section 6 of the Town and Country Planning Act Amendments of the Prevention of Oil Pollution Act The Prevention of Oil Pollution Act shall be amended In section 19 prosecutions , after subsection 4 , there shall be After that section there shall be inserted the following section— In section 20 1 power of court to direct amount of In section 24 2 application of Act to Government ships , for In section 25 1 power to extend provisions of Act to In section 30 provisions as to Northern Ireland , after subsection Consequential and Minor Amendments of Enactments.
Exclusion of Alkali Works Act for prescribed processes. Works Regulation Act there shall Stray dogs. Exclusion of Clean Air Act for prescribed processes.
In section 1 1 g of the Hovercraft Act power to National Park Wardens. In section 42 of the Countryside Act National Park Sale of electricity: Workplace emissions into the air. Section 5 of the Health and Safety at Work etc Water, noise and atmospheric pollution.
It also gives detail if the offence is done by a company or government department. It says for such offence the in-charge and head of department respectively would be liable for punishment. The areas on which restriction has been imposed by this act include Doon Valley in Uttarakhand , Aravali Regions in Alwar , Rajasthan , Coastal zones and ecologically sensitive zones , etc.
The proposed amendments dilute the Act almost entirely and would promote environmental degradation in a substantial way. From Wikipedia, the free encyclopedia.
Act, " PDF. Minister of Environment, Forest and Climate Change.
Indian legislation. Retrieved from " https: Environmental law in India Acts of the Parliament of India in the environment. Hidden categories: Namespaces Article Talk. Views Read Edit View history.Duty to prepare integrated waste management plan 44ZB. Further, it is a fundamental duty of every citizen under Article 51 A g of the Constitution to protect and improve the natural environment and to have compassion for living creatures.
Environmental Protection Act 1990
The amount of indemnities, which may be based on expert reports of potential liability, and subject to negotiation between the parties and the insurance company. It shall be the duty of the Nature Conservancy Council Can an individual bring legal action against a polluter, owner or occupier?
Transfer to Welsh Council of certain property etc. Consent and conditions 3.