Sections 25 and 26: the Rule-Making Power and Its Control

In one line

Section 25 is the general power to make rules, and section 26 is the only place Parliament looks at what was made.

In the wording a student can write in an examination: section 25 of the Environment (Protection) Act 1986 empowers the Central Government by notification in the Official Gazette to make rules for carrying out the purposes of the Act, and in particular and without prejudice to the generality of that power such rules may provide for thirteen enumerated matters including the standards in excess of which environmental pollutants shall not be discharged or emitted, the procedure for the handling of hazardous substances, the authorities or agencies to whom information regarding an apprehended discharge is to be given, the manner in which samples are to be taken and containers marked and sealed, the qualifications of a Government Analyst, the form and manner in which notice of an intended complaint is to be given, and any other matter required to be or which may be prescribed; and section 26 requires every rule made under the Act to be laid, as soon as may be after it is made, before each House of Parliament for a total period of thirty days, which may be comprised in one session or in two or more successive sessions.

Section 25 and section 6 together

Both are rule-making powers and students confuse them.

Section 6 empowers rules in respect of all or any of the matters referred to in section 3, and lists six particular subjects, all substantive: standards of quality, maximum allowable concentrations, safeguards for handling hazardous substances, restrictions on handling in different areas, restrictions on the location of industries, and accident prevention and remedial measures.

Section 25 empowers rules for carrying out the purposes of the Act generally, and its list of thirteen matters is largely procedural: how a sample is taken, how a container is sealed, who is a Government Analyst, what the form of a notice is.

Section 6 is about what may be regulated; section 25 is about how the Act is worked. In practice every rule set recites both, together with section 8 where hazardous substances are involved.

The thirteen matters in section 25(2)

Grouped, they are as follows.

Standards. The standards in excess of which environmental pollutants shall not be discharged or emitted; and the procedure in accordance with which and the safeguards in compliance with which hazardous substances shall be handled or caused to be handled.

Accidents. The authorities or agencies to whom information regarding an apprehended discharge is to be given under section 9.

Entry and sampling. The manner in which samples of air, water, soil or other substance for the purpose of analysis shall be taken; the form in which notice of intention to have a sample analysed shall be served; the functions of environmental laboratories; the procedure for the submission to such laboratories of samples for analysis or tests, the form of the laboratory report and the fees payable for such report.