Brief on
Pakistan Environmental Protection Act, 1997
Pakistan’s Environmental Policy
is based on participatory approach to achieving objectives of sustainable
development through legally, administratively and technically sound
institutions. The Federal Environment Ministry was established in Pakistan in
1975 as follow up a Stockholm declaration of 1972. The Ministry was responsible
for promulgation of the environmental Protection Ordinance of Pakistan in 1983.
It was the first comprehensive legislation prepared in the country. The main
objective of Ordinance 1983 was to establish institutions i-e to establish
Federal and Provincial Environmental
Protection Agencies and Pakistan
Environmental Protection Council (PEPC).
In 1992 Pakistan attended the
Earth Summit in state of Brazil (Rio-De Janeiro) and thereafter became party to
various international conventions and protocols. This political commitment
augmented the environmental process in the country. Same year, Pakistan prepared
National Conservation Strategy (NCS), provides a broad framework for addressing
environmental concerns in the country. In 1993 Environmental Quality Standards
(NEQS) were designed.
The Pakistan Environmental
Protection Act was enacted on 6th December 1997, repealing the Pakistan
Environmental Protection Ordinance, 1983. The PEPA’ 1997 provides the framework
for implementation of NCS, establishment of Provincial Sustainable development
Funds, Protection and conservation of species, conservation of renewable
resources, establishment of Environmental Tribunals and appointment of Environmental
Magistrates, Initial Environmental Examination (IEE), and Environmental Impact
Assessment (EIA).
Pakistan
Environmental Protection Council
The apex body was first constituted
in 1984 under section 3 of the Pakistan Environmental Protection Ordinance
(PEPO), 1983, with President of Pakistan as its Chairman. In 1994, an amendment
was made in the Ordinance to provide for the Prime Minister or his nominee to
be the head of the Council. The Council was reconstituted after enactment of
the new law i.e. Pakistan Environmental Protection Act, 1997. It is headed by
the Prime Minister (Chief Executive) of Pakistan. The council is represented by
trade and industry, leading NGOs, educational intuitions, expert’s journalists
and concerned ministries.
Establishment of
Pakistan Environmental Protection Agency under section 5
In 1993, the Pakistan
Environmental Protection Agency (Pak-EPA) was established under Section 6 (d)
of the Pakistan Environmental Protection Ordinance, 1983. The Agency started
with meager staff and resources. However, number of action were taken which
included notification of NEQS in 1993 for municipal and liquid industrial
effluents and industrial gaseous emissions, motor vehicle exhaust, and noise.
The functions and
responsibilities of the Agency enhanced and it was strengthened technically and
logistically to meet the environmental challenges. Pak-EPA also provides technical
support to the Ministry of Environment.
Salient
feature of various Sections of PEPA’ 1997:
Functions of
Pak-EPA under Section 6 (2)
The Federal Agency may
a) Undertake
inquiries of investigation into environmental issues, either of its own accord
or upon complaint of any person or organization.
Powers of
Federal Agency under Section 7
The Federal Agency may
g) Summon &
enforce the attendance of any person and require him to supply any information
or document need for the conduct of any enquiry or investigation into any
environmental issue;
h) enter and
inspect and under the authority of a search warrant issued by the environmental
magistrate, search at any reasonable time, any land, building, premises,
vehicle, vessel, or other place where or in which, there are reasonable ground
to believe that an offence under this act has been or being committed;
Provincial
Environmental Protection Agencies
In all four provinces,
Environmental Protection Agencies were created under the provision of Pakistan
Environmental Protection Act, 1997. Federal Government has delegated its powers
to the provincial governments and they have further delegated powers to the
provincial Environmental Protection Agencies.
Initial
Environmental Examination and Environmental Impact Assessment under
Section 12
Environmental Assessment (EA) is
a process to examine the environmental risks and benefits associated with the
developmental projects. IEE and EIA process has begun in the country in an
organized manner. Section 12 explains that no proponent of a project shall
commence construction or operation unless he has filed with the Federal Agency
an Initial Environmental Examination or, where the projects is likely to cause
an adverse environmental effect, an Environmental Impact assessment, and has
obtain from Federal Agency Approval. An IEE/EIA Regulations, 2000 has been
notified under this section.
Prohibition of
Import of Hazardous Waste under Section 13
The Pakistan Environmental
Protection Act, 1997 requires that no person may import hazardous substances of
which chemical activity is toxic, explosive, flammable, corrosive, radioactive,
cause directly or in combination with other matters, an adverse environmental
effect.
Regulation of
Motor Vehicle under section 15
Operation of a motor vehicle from
which gaseous emission or noise exceeds the NEQS, or other standards
established by Pak-EPA where ambient conditions so require, have been
prohibited. To ensure compliance with the NEQS, the Pak-EPA has been empowered
to direct that pollution control devices be installed in motor vehicles or
fuels specified by Pak-EPA be used in them or specified maintenance or testing
be carried out on them.
Establishment of
Environmental Tribunals under section 20
The Government is empowered to
constitute Environmental Tribunals to hear cases relating to Pakistan
Environmental Protection Act, 1997. The Federal Government has established four
Environmental Tribunal one in each province.
Designation of
Environmental Magistrates under section 24
The Federal and Provincial
governments have designated senior civil judges as Environmental Magistrates to
take all contraventions punishable in respect of handling of hazardous
substances and pollution caused by motor vehicles.
Penalties of
Environmental Magistrate
The Environmental Magistrate has
been authorized to award compensation for losses or damage under Section 17(5).
·
Endorse a copy of the order of conviction to concerned trade or industrial association;
·
Sentence him to imprisonment for a term which may extend up to two years;
·
Order the closure of the factory;
·
Order confiscation of the factory, machinery and equipment, vehicle, material
or substance, record or document, or other object used or involved in
contravention of the provision of the Act;
Delegation of
Powers to Provincial Governments under section 26
Ministry of Environment, Local
Government and Rural Development had delegated functions and powers of it and
the Federal Environmental Protection Agency under section 26 of the Act to the
Provincial governments. The Provincial Governments have further delegated these
powers and functions to Environmental Protection Agencies and also planning to
sub-delegate selected powers to the local government.
Hafiz Muhammad Azeem Khokhar
PAKISTAN ENVIRONMENTAL
PROTECTION ACT 1997
An Act to provide for the
protection, conservation, rehabilitation and improvement of the environment,
for the prevention and control of pollution, and promotion of sustainable
development.
INTRODUCTION
* Pakistan Environmental Protection
Act-1997
* Pakistan Environmental Protection
council
* Environmental protection Agency
(Federal EPA)
* Provincial Sustainable Development
Funds
* National Environmental Quality
Standards
* Prohibition, Regulations, and
Protection Orders
* Enforcement Mechanisms
* Penalties
* Responsibilities
* Derogation
* Appeal
PAKISTAN ENVIRONMENTAL
PROTECTION ACT 1997
* PEPA has two
main functions:-
* it creates institutions
* it regulate activities
PEPA is
enforced through:-
* administrative measures
* judicial
sanctions
* Active
involvement of civic society
ENVIRONMENTAL
MAGISTRATES
* Trial of less serious offences
INSTITUTIONS CREATED
BY PEPA
* Pakistan Environmental Protection
Council
* Pakistan Environmental Protection Agency
(Federal EPA)
PAKISTAN ENVIRONMENTAL
PROTECTION COUNCIL
FUNCTIONS AND POWERS:-
* Co-ordinate and supervise
enforcement
* Approve comprehensive national
policies
* Ensure implementation
* Approve NEQS
* Provide
guidelines
* Co-ordinate integration of the
principals and concerns of sustainable development into and policies
* Consider the National
Environmental Report and give directions thereon
PAKISTAN
ENVIRONMENTAL PROTECTION AGENCY
* Central
implementing agency for the act * Headed by Director General
EXTENSIVE FUNCTIONS
AND POWERS
* Administrate
& implement the provisions of PEPA
* Prepare,
revise & establish the NEQS
* Ensure
enforcement of NEQS
* Establish standards for quality of
ambient air, water and land
* Establish
system for prevention and control of pollution
1. Surveys,
2. Monitoring,
3. Inspection
* estimate the cost of cleanup and
rehabilitation
* certify laboratories as approved
laboratories for conducting tests and analysis
* provide advice and assistance in
environmental matters
* Promote public education and
awareness of Env. Issues
* encourage the formation of NGO's
& community & village organizations
* take all necessary measures for
pollution control* promote sustainable
development
PROVINCIAL ENVIRONMENTAL PROTECTION AGENCIES
* in each
province
* Headed by director general
FUNCTIONS
* Will exercise powers and functions
for Federal EPA
* Delegated by Provincial
Governments
PROVINCIAL
SUSTAINABLE DEVELOPMENT FUND
* Established
in each province
* Sources
* grants or loans from federal
government or provincial government
* aids & assistance, grants,
advances, donations etc from foreign governments, national
& international agencies and NGOs
* contribution from private
organizations
* Utilization
* Will provide financial assistance
to environmental projects
* Further the
objectives of EPA
* Management of fund
* Managed by a
board
NATIONAL ENVIRONMENTAL
QUALITY STANDARDS
* Standards
established by the Federal Agency
* Set limits for emissions
* Detailed
* Specific
* Related to sector activity
* Levy for operating outside NEQS
PROHIBITION OF CERTAIN DISCHARGES OR EMISSIONS
v No discharge
in excess of NEQS
v No discharge in excess of limits
laid down by the federal agency
v Levy for contravention
ACTIVITIES REGULATED
BY PEPA
* focuses on two areas
* Pollution control and abatement
* assessing environmental impacts
* Pollution control & abatement
* Discharge or emissions in excess
of NEQS
* Motor
vehicle emissions in excess NEQS
* Prohibition on import of hazardous
waste
* Handling of hazardous substances
HANDLING
OF HAZARDOUS SUBSTANCES
* License required to
* Generate
* Collect
* Consign
* Transport
* Treat
* Dispose
of
* Store
* Handle
* Import
REGULATION
OF MOTOR VEHICALS
* No vehicle
may exceed NEQS
* Federal agency can prescribe the
fitting of pollution control devices or fuel, or undergo
* Not allowed to operate until there
is compliance with a direction
ASSESSING
ENVIRONMENTAL IMPACTS
* Pre construction or operation of a
project in prescribed category
* Exception - Filling and approval
with EPA of
* An initial environmental
examination
* Environmental Impact Assessment
(EIA) where the projects likely to cause an adverse effect
ENVIRONMENTAL
PROTECTION ORDER
* In case of contravention of the
Act the federal agency can order
* Stopping and
control of offending action
* Installation or alteration of
equipment
* Removal of
pollutant
* Restoration
of environment
* The federal agency may take action
for noncompliance with an order
* The federal agency may recover
costs of taking action
ENFORCEMENT
MECHANISM
* Administrative measures
* Pollution
charge
* Environmental protection order
* Administrative penalty
* Judicial
* Judicial through court
* Three levels of penalty
* Civil enforcement
* Public may seek assistance
* Approach the
PEPC
* Approach the
EPA
* Participate in EIA review
* Lodge a formal notice with the EPA
about an infringement
ENVIRONMENTAL
TRIBUNALS
* Trial of the more serious offences
* Issue arrest warrants
* Act as an appeal body
ENVIRONMENTAL
MAGISTRATES
Trial of less serious offences
APPEAL
* Federal agency or Provincial
agency
* Appeal to the environmental
tribunal
* Environmental Tribunal
* Appeal to high court
* Environmental Magistrate
* Appeal to Court of sessions
Hafiz Muhammad Azeem Khokhar
PAKISTAN ENVIRONMENTAL
PROTECTION ACT 1997
An Act to provide for the
protection, conservation, rehabilitation and improvement of the environment, for
the prevention and control of pollution, and promotion of sustainable
development.
INTRODUCTION
* Pakistan Environmental Protection
Act-1997
* Pakistan Environmental Protection
council
* Environmental protection Agency
(Federal EPA)
* Provincial Sustainable Development
Funds
* National Environmental Quality
Standards
* Prohibition, Regulations, and Protection
Orders
* Enforcement Mechanisms
* Penalties
* Responsibilities
* Derogation
* Appeal
PAKISTAN ENVIRONMENTAL
PROTECTION ACT 1997
* PEPA has two
main functions:-
* it creates institutions
* it regulate activities
PEPA is
enforced through:-
* administrative measures
* judicial
sanctions
* Active
involvement of civic society
ENVIRONMENTAL
MAGISTRATES
* Trial of less serious offences
INSTITUTIONS CREATED
BY PEPA
* Pakistan Environmental Protection
Council
* Pakistan Environmental Protection
Agency (Federal EPA)
PAKISTAN ENVIRONMENTAL
PROTECTION COUNCIL
FUNCTIONS AND POWERS:-
* Co-ordinate and supervise
enforcement
* Approve comprehensive national
policies
* Ensure implementation
* Approve NEQS
* Provide
guidelines
* Co-ordinate integration of the
principals and concerns of sustainable development into and policies
* Consider the National
Environmental Report and give directions thereon
PAKISTAN
ENVIRONMENTAL PROTECTION AGENCY
* Central implementing
agency for the act
* Headed by
Director General
EXTENSIVE FUNCTIONS
AND POWERS
* Administrate
& implement the provisions of PEPA
* Prepare,
revise & establish the NEQS
* Ensure
enforcement of NEQS
* Establish standards for quality of
ambient air, water and land
* Establish
system for prevention and control of pollution
1. Surveys,
2. Monitoring,
3. Inspection
* estimate the cost of cleanup and
rehabilitation
* certify laboratories as approved
laboratories for conducting tests and analysis
* provide advice and assistance in
environmental matters
* Promote public education and
awareness of Env. Issues
* encourage the formation of NGO's
& community & village organizations
* take all necessary measures for
pollution control* promote sustainable
development
PROVINCIAL ENVIRONMENTAL PROTECTION AGENCIES
* in each
province
* Headed by director general
FUNCTIONS
* Will exercise powers and functions
for Federal EPA
* Delegated by Provincial
Governments
PROVINCIAL
SUSTAINABLE DEVELOPMENT FUND
* Established
in each province
* Sources
* grants or loans from federal
government or provincial government
* aids & assistance, grants,
advances, donations etc from foreign governments, national
& international agencies and NGOs
* contribution from private
organizations
* Utilization
* Will provide financial assistance
to environmental projects
* Further the
objectives of EPA
* Management of fund
* Managed by a
board
NATIONAL ENVIRONMENTAL
QUALITY STANDARDS
* Standards
established by the Federal Agency
* Set limits for emissions
* Detailed
* Specific
* Related to sector activity
* Levy for operating outside NEQS
PROHIBITION OF CERTAIN DISCHARGES OR EMISSIONS
* No discharge
in excess of NEQS
* No discharge in excess of limits
laid down by the federal agency
* Levy for contravention
ACTIVITIES REGULATED
BY PEPA
* focuses on two areas
* Pollution control and abatement
* assessing environmental impacts
* Pollution control & abatement
* Discharge or emissions in excess
of NEQS
* Motor
vehicle emissions in excess NEQS
* Prohibition on import of hazardous
waste
* Handling of hazardous substances
HANDLING
OF HAZARDOUS SUBSTANCES
* License required to
* Generate
* Collect
* Consign
* Transport
* Treat
* Dispose
of
* Store
* Handle
* Import
REGULATION
OF MOTOR VEHICALS
* No vehicle
may exceed NEQS
* Federal agency can prescribe the
fitting of pollution control devices or fuel, or undergo
* Not allowed to operate until there
is compliance with a direction
ASSESSING
ENVIRONMENTAL IMPACTS
* Pre construction or operation of a
project in prescribed category
* Exception - Filling and approval
with EPA of
* An initial environmental
examination
* Environmental Impact Assessment
(EIA) where the projects likely to cause an adverse effect
ENVIRONMENTAL
PROTECTION ORDER
* In case of contravention of the
Act the federal agency can order
* Stopping and
control of offending action
* Installation or alteration of
equipment
* Removal of pollutant
* Restoration
of environment
* The federal agency may take action
for noncompliance with an order
* The federal agency may recover
costs of taking action
ENFORCEMENT
MECHANISM
* Administrative measures
* Pollution
charge
* Environmental protection order
* Administrative penalty
* Judicial
* Judicial through court
* Three levels of penalty
* Civil enforcement
* Public may seek assistance
* Approach the
PEPC
* Approach the
EPA
* Participate in EIA review
* Lodge a formal notice with the EPA
about an infringement
ENVIRONMENTAL
TRIBUNALS
* Trial of the more serious offences
* Issue arrest warrants
* Act as an appeal body
ENVIRONMENTAL
MAGISTRATES
Trial of less serious offences
APPEAL
* Federal agency or Provincial
agency
* Appeal to the environmental
tribunal
* Environmental Tribunal
* Appeal to high court
* Environmental Magistrate
* Appeal to Court of sessions
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