PEPA

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 national plans 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 under go maintenance
* Not allowed to operated 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 environmental 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 non compliance 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

THREE LEVELS OF PENALTY

Level 1(Section 17(2))

Environmental Magistrate

· Section 14: handling of hazardous substances·

Section 15: motor vehicle pollution·

Non compliance with order of PEPC or EPA

· Up to Rs. 100,000· Additional daily fine of up to Rs 1,000 for every day the contravention continues

Level 2(Section 17(1))

Environmental Tribunal(Section 21)

· Section 11: pollution in excess of NEQS·

Section 12: IEE & EIA·

Section 13: Import of hazardous waste·

Section 16: non compliance with and Environmental Protection Order

· Up to one million rupees·

Additional daily fine of up to Rs 100,000 for every day the contravention continues·

Additional fine commensurate with the amount of monetary values gained by the offender

Level 3(Section 17(5))

Environmental Magistrate/ Environmental Tribunal (by reference to the relevant level 1 of Level 2 offences)

· Subsequent conviction under PEPA

In addition to specific penalties relating to the offence:·

Copy of order of conviction to the relevant chamber of commerce and industry· Imprisonment of up to 2 years · Closure of factory·

Confiscation of factory, equipment, materials, documents, or pother objects involved in the offence· Restoration·

Compensation to any person for loss or injury to person or p

APPEAL

* Federal agency or Provincial agency
* Appeal to the environmental tribunal
* Environmental Tribunal
* Appeal to high court
* Environmental Magistrate
* Appeal to Court of sessions