Environmental Legislations In Pakistan

Prepared By

Raheela Shabbir & Aneela Undleeb

Policy Framework• The 1973 Constitution of Pakistan had

included the subject of Environmental Pollution and Ecology in the concurrent legislative list. The parliament and provincial governments were empowered to formulate necessary laws under Article 142

• Government of Pakistan (GOP) has announced the National Environmental Policy in the year 2005

Institutional Setup• PEPC (Pakistan Environmental Protection Council), it

was established in 1998, under the provisions of Pakistan Environmental Protection Act (PEPA), 1997.

• Environmental Protection Agencies has been established at the federal level as well as provincial level.

National Environmental Coordination CommitteePak EPA has established the National Environmental Coordination Committee dated 24 December 1998.

Legislative Framework• PEPO (Pakistan Environmental Protection

Ordinance) had been enforced in the year 1983

• Pak EPA with prior approval of the PEPC, established and issued NEQS dated 24 August 1993. These NEQS were related to municipal and liquid industrial effluents, industrial gaseous emissions and motor vehicle exhaust and noise

Conti…• Pakistan National Conservation Strategy (PNCS), 1992 was

prepared jointly by the Federal Ministry of Environment and the Conservation Union (IUCN).

Pakistan Environmental Protection Act, (PEPA) 1997 stands at the apex of statutory law on environmental issues in Pakistan

Biodiversity Action Plan (BAP) for Pakistan was prepared in 2000

To resettle and compensate people displaced by the development projects, the GOP has issued the Project Implementation and Resettlement of Affected Persons Ordinance, 2001

Sector wise legislation1 Environmental

protectionThe Pakistan Penal Code (1860)Pakistan Environmental Protection Act, 1997

2 Land use The Land Improvement Loans Act (1883)The West Pakistan Agricultural Pests Ordinance (1959) and Rules (1960)The Sindh Local Government OrdinanceThe Sindh Salinity Control and Reclamation Act (1988). he Regulation of Mines and Oil-Fields and Mineral Development (Government Control) Act, 1946.

3 Water quality and resources

The Pakistan Penal Code (1860)The Canal and Drainage Act (1873)The Factories Act (1934)The Sindh Local Government Ordinance (1979/80)On-Farm Water Management and Water Users’ Associations Ordinance (1981)Indus River Water Apportionment Accord (1991)

4 Air quality The Pakistan Penal Code (1860)The Factories Act (1934)The Motor Vehicles Ordinance (1965) and Rules (1969)The Sindh Local Government Ordinance (1979/80)

5 Noise The West Pakistan Regulation and Control of Loudspeakers and Sound Amplifiers Ordinance (1965)The Motor Vehicle Ordinance (1965) and Rules (1969) NEQS, 2000

Sector wise legislation6 Toxic or

hazardous substance

The Pakistan Penal Code (1890)The Explosives Act (1884)The Factories Act (1934)The Agricultural Pesticides Ordinance (1971) and Rules (1973)

7 Solid wastes and effluents

The Factories Act (1934)The Sindh Local Government Ordinance (1979/80)Pakistan Environmental Protection Act, 1997

8 Forest conservation

The Forest Act (1927)The West Pakistan Firewood and Charcoal (Restrictions) Act (1964)The Cutting of Trees (Prohibition) Act (1975)The Sindh Management of Protected Forests Rules (1975)The Sindh Local Government Ordinance (1979/80)The Sindh Forest Development Corporation Ordinance (1980)

9 Parks and wildlife conservation protection

The West Pakistan Ordinance (1959)The Sindh Wildlife (Protection Preservation Conservation and Management) Act (1975) and Rules (1976)Sindh Local Government Ordinance (1979/80)Export and Control Order (1982)

PAKISTAN ENVIRONMENTAL PROTECTION ACT 1997

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)• Environmental Impact Assessment

(EIA)

http://hmazeem.blogspot.com/2013/05/pakistan-environmental-protection-act.html

PEPA 1997 Section 11:Prohibition of Certain Discharges or

Emissionso Subsection 1:

o Under the provisions of this Act:“The rules and regulations made there under no person

shall discharge or emit or allow the discharge or emission of any effluent or waste or air pollutant or noise

in an amount which is in excess of NEQS Standards”

NEQs which are established under sub-clause (i) of clause (g) of sub-section (1) of section 6.

PEPA 1997 Section15: Regulation of Motor Vehicleso Sub section (1)

“Subject to the provisions of this Act and the rules and regulations made there under, no person shall operate a

motor vehicle from which air pollutants or noise are being emitted in an amount, concentration or level which

is in excess of the National Environmental Quality Standards”

OR“where applicable the standards established under clause

(g) of sub-section (1) of section 6”

PEPA 1997 (Guzzete I)

PEPA 1997 Section16: Environmental Protection OrderSubsection(1) Where the Federal Agency or a Provincial Agency

is satisfied that the discharge or emission of any effluent, waste, air pollutant or noise, or the

disposal of waste, or the handling of hazardous substances, or any other act or omission is likely

to occur, or is occurring or has occurred in violation of the provisions of this Act,

Section 16 Conti…. Federal Agency may, by order direct such

person to take such measures that the Federal Agency or Provincial Agency may consider necessary within such period as may be specified in the order.

such measures may be included in clauses (a), (b), (c), (d) of subsection 2 of section 16

PEPA 1997

Section (13) Prohibition of Import of Hazardous Waste

“No person shall import hazardous waste into Pakistan and its territorial waters, Exclusive Economic Zone and historic

waters”