Environmental Protection India: The Environment (Protection) Rules, 1986 Restriction on Industrial Location

The Sections 6 and 25 of the Environment (Protection) Act, 1986, set by the Central Government, provides for the Environment (Protection) Rules, 1986. The main objective of the rules is to protect and improve the quality of environment (pollution protection) and prevent environmental degradation caused by pollution. There are specific standards to restrict the amount of pollutants emitted by industrial operations.

Some key definitions under the Environment (Protection) Rules, 1986 are:

  • Areas: All areas where hazardous substances are handled.
  • Prohibited Substance: The substance prohibited for handling
  • State Board: State Pollution Control Board constituted under the Water (Prevention and Control of Pollution) Act, 1974.
  • Central Board: The Central Pollution Control Board constituted under the Water (Prevention and Control of Pollution) Act, 1974.

Environmental Protection India: Prohibition or Restriction on Location of Industries

Environmental pollutionThe Environment (Protection) Rules, 1986 provides for prohibition and restriction on the location of industries and on carrying out operations in different areas (pollution protection). Here are a few factors that the Central Government uses to prohibit or restrict industrial locations thus contributing to environmental protection India:

  • Environmental quality standards set for the particular area.
  • The maximum permissible limits of environmental pollutants in the area.
  • The probable amount of pollutant that will be emitted from the industry proposed to be prohibited or restricted.
  • The biological diversity, human proximity, and geographic and climatic feature of an area.
  • Total adverse effect and harm expected to be caused by the industry.

 If the Central Government decides to impose prohibition or restriction on the establishment of an industry in a particular location or for carrying out operations in an area, the government may opt to notify it in Official Gazette or in other ways. Such notifications shall provide a short description of the area, the industries and operational processes in the area. The notification shall also cite the reason for imposition of the prohibition or restriction. 

Final Legal Take Away Tip: Any person who objects the central government decision to prohibit or restrict any industrial activity shall file an objection with the Central Government in the written form within 60 days of publication of the notification in the Official Gazette.
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