QUESTION 1 a) Outline and discuss the main provisions in the Environmental Protection Act, 1992 as amended that deal with the permitting/licensing procedure for industrial activities with a major...

Management - Business Law
Q.1.A
Environment Protection act was framed by the Parliament of India in the year 1986. After occurrence of the Excessive pollution worldwide, the government under article, 253 of the Irish and European Constitution enacted this act. This act after being passed came into force on 19 November 1986. This act has 4 chapters and 26 sections. As opined by Azash and Thirupalu (2017), this act was framed to protect the environment and everything associated with it. With the happening of the Excessive pollution worldwide it was clear that, the environment in the country was not safe and needed amendment in the form of an act. Does the environment protection act was framed and brought into force due to you did not need of a law that the people would abide to protect and look after the environment responsibly. Dispose necessary to ensure proper safety e of the environment and wellbeing of the people of India. This act was amended in the year 1992. It stated that it was giving equal amount of importance the well being of animals and birds and as an extension of the act that was made in 1986 and this was made in order to make sure that conservation of forests was brought about by the Irish and Europeans and was abided by the law. As per this act, the central government shall have power to give directions in writing to any person officer or any authority for any purpose of the act. It included the reserved power to direct the prohibition for closure or regulation of any industry or any operating process that violates the norms of the environment and stands in contradiction with the law or is harmful for the environment in any possible way.  The act clearly specifies that no person under any circumstances can carry out an industrial work if the person on the organization is responsible for the emission of one or more environment pollutants above the prescribed limit that proves harmful to the environment and everything associated with the environment. Any person who deals with or works with any hazardous substance by professional and with the permission of the government must comply with the rules and guidelines on the safeguards one must undertake in order to protect oneself and the environment from those hazardous substances and their harmful effect. This act, as provided by the government clearly specifies that if any hazardous substance is found in excess in any region near a factory or an industry or is filled in the environment by an accident or any unforeseen event the person responsible. For such a happening of spelling of hazardous substance into the environment will be held responsible and it will be his or her responsibility or the responsibility of the organization the person is a part of to dispose of hazardous substance and rectify the harm done to the environment. The government also reserves the powers to terminate the working of any company or an individual if the government finds that it is interfering with the laws laid down by the act and proving harmful for the environment. The government can seize any property e or Ban the use of any industrial equipment in case it finds that a certain organization, industry, or individual with the use of certain equipment is proving harmful for the environment and going against laws as laid down by the environment protection act. According to this law, the government is also responsible and entitled to take any samples of air water or any environmental component near an industry or a factory if the government suspects the use of excess amount of hazardous substances or threats to the environment and everything associated with the environment as a whole. This collection of samples is only for the purpose of analysis in case the government suspects any wrongdoing on the part of the citizens. For the for the betterment and development of the environment in terms of pollution the government specifies in this act that there will be certain standards of emission or discharge of environmental pollution from industries and other operating bodies and these are prescribed in the schedules one to five of the environment protection laws. Therefore, we can reduce from these above-mentioned details that with the advent of the Excessive pollution, worldwide the government realized the need and necessity of an act or a governing body. The governing body would regulate the amount of pollutants in the environment, make the environment safe, and avoid the possibility of another tragedy of such a measure happening in near or far future. Hence, the environment protection act came into play and with progressive measures taken with every step; the law was amended in the year 1992. The amendment was done to make it more specific and deal with the industries organizations that work with environmental pollutants or hazardous substances and limit their actions to take proper measures of keeping the environment safe and restrict the probabilities of...