Organizational & Institutional

Framework for Environmental

Protection & Management
BY
 History of Pakistani Environmental Laws
1972 UN Stockholm Conference on Environment and
Development
1974 Environment and Urban Division (Ministry of
Housing, works and Urban Affairs) established
1976 Draft Pakistan Environmental Protection
Ordinance prepared
1983 Pakistan Environmental Protection Ordinance
enacted/Pass
1984 Pakistan Environmental Protection Council
established
1988-9 EPAs established
1992 National Conservation Strategy adopted
1992 UN Rio Conference on Environment and
Development

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 History continued …
1993Pakistan Environmental Quality Standards notified
1993 Pakistan Environmental Protection Act drafted
1995 Ministry of Environment, Urban Affairs, Forestry
and Wildlife established
1996 Name changed to the Ministry of Environment, Local
Government and Rural Development (M/o ELG&RD)
1996 Drafts of Provincial Environmental Protection Acts
(NWFP, Punjab)
1996 Environmental Technology Program for Industry
(ETPI)
1997 Pakistan Environmental Protection Ordinance (Feb-
June 1997)
1997 Pakistan Environmental Protection Act (December
1997) (Repealed PEPO 1983)

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 History continued …
1997 Standing Committees on Environment of various
Chambers of Commerce
1998 Rules and Regulations for PEPA drafted
1998 Environmental Magistrates notified (NWFP)
1999 November 1998 delegation of powers to the
provinces under PEPA 1997 was further delegated to
EPA, NWFP on 24 August 1999
2000 Environmental Tribunals established (Karachi &
Lahore)
2000 First Rules under PEPA notified; revised NEQS notified
2001 NEQS Implementation Committee headed by Dr.
Pervez  Hassan and comprising representatives of
trade and industry, NGOs and other stakeholders
constituted
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 PEPA-Institutions
Institutions established by the Act comprise-
1. The Pakistan Environmental Protection
Council;
2. The Pakistan Environmental Protection Agency;
3. The Provincial Environmental Protection
Agencies; and
4. The Provincial Sustainable Development Funds.

In addition, there are two purely judicial

“institutions” –
the Environmental Tribunals and
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the Environmental Magistrates. 5
 EPAP - REGULATIONS
 Regulations
 Review of IEE/EIA Regulations, 2000.
 Environmental Laboratories Certification
Regulations, 2000.

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
Pakistan Environmental Protection Act 1997. for the protection, conservation, rehabilitation
and improvement of the environment, for the prevention and control of pollution and promotion
of sustainable development.

 Many rules and regulations were promulgated under this Act. Some of the important rules are
given below:

 National Environmental Quality Standards (self monitoring and reporting by industries)

Rules, 2001.

 These are the most important rules under the Pakistan Environmental Protection Act, 1997 as
they prescribe pollution limits for the industry. It puts obligations upon all the industries to
submit correct and timely Environmental Monitoring Reports to the Federal Environmental
Protection Agency.

 Pakistan Sustainable Development Fund (Utilization) Rules, 2001. These rules provide the
procedure for the sanction and utilization of financial assistance provided by the board. The
board observed that the project should protect the environment and prevent the pollution.

 Pollution charge for Industry (calculation and collection) Rules, 2001. According to these rules,
the industrial unit is to ensure the correct calculation, reporting and payment of the pollution
charge. Inspection team shall determine the pollution level of industrial unit at least once a year.
The pollution charge is calculated by multiplying the pollution level with actual production
during the charge payable period and with the applicable rate per pollution unit for the year
 Environmental Sample Rules, 2001. Generally, these
rules regulate the procedure for obtaining sample from
the industrial units, their tests and analysis by the
environmental laboratories and trial procedure for the
breaking of the provisions of these rules.
 Hazardous Substances Rules, 2000. According to
these rules every generating unit of hazardous waste
shall be responsible for the proper management of the
waste generated by it till its final disposal in
accordance with the rules and regulations.
 National Environmental Quality Standard
(Certification of Environmental Laboratories)
Regulation, 2000. These rules are very important
because they prescribe pollution limits for the industry
and certify them according to the rules and regulations
 Pakistan Environmental Protection
Council
 Chairperson
Prime Minister/President or his/her Nominee
 Vice- Chairperson
Minister in charge of the Ministry dealing with the subject of
Environment
 Members
Chief Ministers of the provinces
 Members
Representative of the chamber of commerce and industry, chamber of
agriculture, the medical and legal professions, trade unions and
NGOs concerned with environment and development and
scientists, technical experts and educationists
Member/Secretary
Secretary to the govt. of Pakistan of the Ministry or Division dealing
with environment
Function and Power of the Council
 Co-ordinate and supervise enforcement of the
provisions of this Act
 Approved policies and ensure their implementation

within the framework national conservation strategy

 Provide guidelines for the protection and

conservation of species and biodiversity in general

etc
The council may, either itself or on the request of any
person, organization prepare, submit, promote or
implement projects for the protection, conservation
rehabilitation and improvement
 Pakistan Environmental Protection
Agency
The Pakistan Environmental Protection Agency, sometimes known as Pak-EPA,
is an executive agency Government of Pakistan managed by the Ministry of
Environment. The agency is charged with protecting human health and the
environment by writing and enforcing regulation based on laws passed by
Parliament established in 1997.

Director General
1 Director Legal enf/admn
i-Dy. Director Legal/Enf
Assistant Director (01)
Ii- Dy. Director admn/Finance
Assistant Director (01)
2- Director EIA/Mont
Dy. Director 02
3- Director Lab/ NEQS
Dy. Director 02
 Function of the Agency
 Implement the rules and regulations
 Prepare (co-ordination with appropriate Gov.
Agency
 Committees (national environmental policies
for approval by the council
 Take all necessary measure for the
implementation of the national environmental
policies
 Prepare and publish an annual national
environment report, establish and revise NAQS
Provincial Sustainable Development Fund
  Established in each province
 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
 Will provide financial assistance to environmental
projects
 Further the objectives of EPA
 Management of fund
 Managed by a board
 Pakistan
Environmental
Protection Act, 1997
is 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

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 Pakistan Environmental Protection Act, 1997

Salient Features

 Institutions

 Regulatory provisions

 Enforcement Mechanisms

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 PEPA-Institutions

Institutions established by the Act comprise-

1. The Pakistan Environmental Protection Council;
2. The Pakistan Environmental Protection Agency;
3. The Provincial Environmental Protection Agencies; and
4. The Provincial Sustainable Development Funds.

In addition, there are two purely judicial “institutions” –

the Environmental Tribunals and
the Environmental Magistrates.

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 EPAP - REGULATIONS
 Regulations
 Review of IEE/EIA Regulations, 2000.
 Environmental Laboratories Certification
Regulations, 2000.

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 OVERVIEW OF EPAP-1997

Section 3 of the Act establishes the PEPC, which is

the apex environmental body chaired by the Prime
Minister and consisting of the Chief Ministers, Federal and
Provincial Environment Ministers, and up to thirty-five
persons with at least twenty non-officials, including
representatives of the Chambers of Commerce and
Industry, and Agriculture, medical and legal professions,
trade unions, NGOs, scientists, technical experts and
educationists.

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 OVERVIEW OF EPAP-1997
Section 5 constitutes the Pak EPA (the Federal Agency)
which is the regulatory institution entrusted with the functions
of administering and enforcing the Act and its rules and
regulations. These include-
(a) Preparation, revision, establishment and enforcement of the NEQS.
(b) Establishment of systems for surveys, monitoring, inspection
and environmental audit.
(c) Certification of environmental laboratories
(d) Representation of advice and assistance in environmental matters
(e) Encouraging the formation and working of NGO’s, community
organizations and village organizations.
(f) Taking all necessary measures for the protection, conservation,
rehabilitation and improvement of the environment.
(g) prevention and control of pollution and promotion of sustainable
development.

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 OVERVIEW OF EPAP-1997
 Section 8
 Establishes the Provincial EPA’s, which will exercise
powers delegated under section 26. (Many of the Federal
Agency’s functions and powers under the Act have already
been pass on to the Provincial (EPAs).
 Gives statutory cover to the Provincial Agencies which
were hitherto functioning under administrative
arrangements.

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 OVERVIEW OF EPAP-1997

 Section 9 and 10: Provincial Sustainable

Development Funds
 provide financial assistance to suitable
projects designed for protection of the
environment, and
 to help achieve environmental objectives and
the purposes of the Act.

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 Regulatory Provisions

Regulatory provisions of the Act :-

1. Related to Pollution Control

2. Related to New Developments- Initial
Environmental Examination (IEE) and
Environmental Impact Assessment (EIA).

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 OVERVIEW OF EPAP-1997
Section 11: Prohibition of Certain Discharges:
“Subject to the provision of this Act and the rules & regulations
made there-under no person shall discharge or emit or allow the
discharge or emission of any effluent of waste or air pollutant or
noise in an amount, concentration level which is in excess of
the National Environmental Quality Standards of Pakistan”.
- SMRT notified.

Section 12 : IEE &EIA.

– “No proponent of a project shall commence construction or
operation unless he has filed with EPA an IEE or where the project is
likely to cause an adverse environmental effects, an EIA and has
obtain from the Agency approval in respect thereof”.

– IEE/EIA Regulations notified in June, 2000

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 OVERVIEW OF EPAP-1997
 Section 12: IEE & EIA
 The Agency shall review the IEE or EIA and accord its approval
subject to such conditions as it may consider fit to impose, or
require that the EIA be re-submitted after such modifications as
may be fixed, or reject the project a being contrary to
environmental objectives.

 Section-13: Prohibits Import of Hazardous Waste;

– “No person shall import hazardous waste into Pakistan and its
territorial waters, Exclusive Economic Zone and Historic waters”.
– Rules under section 13 yet to be notified

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 OVERVIEW OF EPAP-1997
 Section 14: Handling of Hazardous Substances.
Subject to the provision of this Act, no person shall generate, collect,
consign, transport, treat, dispose of, store, handle or import any
hazardous substance except;
a) Under a license issued by federal Agency.
b) In accordance with provisions of any law for the time being in
force, or of any international treaty, convention, protocol, code,
standard, agreement or other instrument to which Pakistan is a
party.
 Section 15: Motor Vehicles Emissions
– “Subject to the provisions of this Act, 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
NEQS”.
– Rules under section 15 yet to be notified.

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 What are NEQS?
 Approved on 10th May 1993 --- 1st meeting of PEPC
 Notified on 24th August 1993
 Existing Industries --- 1st July 1996
 New Industries --- 1st July 1994
 Shamsh Kasim Lakha Committee (ESC) to review
NEQS--- April 1996
 Revised NEQS Approved on 26th August 1999 --- 8th
meeting of PEPC
 Revised NEQS notified on 10TH Aug. 2000.
 NEQS implementation committee (Dr. Pervaiz Hassan)
constituted in 2001 to supervise SMART

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 What are NEQS?
 NEQS for Municipal & Liquid Industrial Effluent
– 32 parameters: Temp., BOD, pH, TSS, TDS, etc.
 NEQS for Industrial Gaseous Emissions
– 16 parameters: PM, SOx, NOx, etc
 NEQS for Motor Vehicle Exhaust & Noise
 Revised NEQS:
– Inland waters, Treatment Systems, Sea
– Background levels and Ambient air
concentrations for SOx & NOx
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 RULES AND REGULATIONS DEVELOPED
FOR IMPLIMENTATION OF NEQS
(Under sections 31 and 33 of PEPA 1997)
 National Environmental Quality Standards (Self-
monitoring and Reporting by Industries) Rules,
2001
 Environmental Samples Rules, 2001
 National Environmental Quality Standards
(Certification of Environmental Laboratories)
Regulations, 2000
 Pollution Charge for Industry (Calculation and
Collection ) Rules, 2001

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 OVERVIEW OF EPAP-1997
Sections 16: Environmental Protection Order
–Where the Agency is satisfied that the discharge or
emissions of any effluent, waste, air pollutant or noise or the
disposal of waste or handling of hazardous substance or any
other act or omission is likely to occur or is occurring or has
occurred in violation of the provision of this Act and is
likely to cause adverse environmental effect, the Agency
may after giving the person responsible an opportunity of
being heard, by order direct to stop, prevent or control the
discharge or take such measures as the Agency may consider
necessary within such period as may be specified.

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 Environmental Protection Order
 Could be issued by EPA under Section 16 to deal with an
actual or potentially adverse environmental effect in violation of
the provision of the Act.
 EPA may direct to take such measures as it may consider
necessary, within such period as may be specified.
 Provides opportunity of being heard.
 EPA may itself take the measures specified in the order
and recover the costs from the person responsible.
 Also punishable under Section 17 with fine which may
extend up-to Rs. 10,00,000.

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 Administrative Penalty
 May be imposed under Section 17(7) by the
Director General of the Agency.
 It requires a person who has break any provision
of the Act to pay on administrative penalty for each
day such breaking continues.

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 Judicial Penalties
 Two judicial institutions responsible to impose
this penalty under Section 17 of the Act.
• Environmental Tribunal
• Environmental Magistrates

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Penalties

  Court Offence Penalty

Level 1 Environment 1. Section 14: handling of 1. Up to Rs. 100,000

(Section 17(2)) al hazardous substances 2. Additional daily fine of
Magistrate 2. Section 15: motor vehicle up to Rs. 1,000 for every
(Section 24) pollution day the contravention
3. Non-compliance with order continues
of PEPC or EPA

Level 2 Environment 1. Section 11: polluting in 1. Up to Rs one million

(Section al Tribunal excess of NEQS 2. Additional daily fine of
17(1)and (Section 21) 2. Section 12:IEE and EIA up to Rs. 100,000 for
Section 17(4)) 3. Section 13:import of every day the breaking
hazardous waste continues
3. Additional fine equal
with the amount of
monetary benefit gained
by the offender

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 Penalties
  Court
Offence Penalty

Level 3 Environmental Subsequent In addition to specific penalties relating to

(Section 17(5)) Magistrate / conviction the offence:
Environmental under PEPA 1. Copy of order of conviction to the relevant
Tribunal (by Chamber of Commerce and Industry
reference to the 2. Imprisonment up to 2 years
relevant level 1 3. Closure of factory
or level 2 taking away of factory, equipment, materials,
offence) documents or other objects involved in the
offence
5. Restoration
6. Compensation to any person for loss or
injury to person or property

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 OVERVIEW OF EPAP-1997
Section 20 : Environmental Tribunals

- To be notified by Fed. Gov along with defined

defensive limits

- To be Chaired by existing/retired / qualified to be, a high

court judge in discussion with Chief Justice of High Court

- Chairman + 2 Members (One of which must be an

expert in Environment)

- Minimum two members

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 Environmental Magistrates
 Environmental Magistrate shall be a judicial
magistrate of the first class especially authorize by
the High Court.


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 OVERVIEW OF EPAP-1997
Section 22: Appeals to Environmental Tribunal.
- Against Env. Protection Order: To be launched within 30 days of the
communication of the order
- Must be on a prescribed form, go with by fees and possible proofs

Section 23: Appeals Against Environmental Tribunal.

- Against Env. Protection Tribunal: To be launched within 30 days of
the communication of the order
- Must be on a prescribed form, accompanied by fees and possible proofs
- To be launched in high court

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 OVERVIEW OF EPAP-1997
Section 24: Jurisdiction of Environmental Magistrates
- Against Env. Protection Order: To be launched within 30 days of the
communication of the order
- Must be on a prescribed form, accompanied by fees and possible proofs.

Section 25: Appeal from Orders of EM

- Any person or criminal of any breaking of this Act or the rules or regulations
by an Environmental Magistrate may, within thirty days from the date of his
assurance, appeal to the Court of Sessions whose decision thereon shall be final.

Section 26: Power to delegate.

The Federal Government may, by notification in the official Gazette, delegate
any of its or of the Federal Agency’s powers and functions under this Act and the
rules and regulations to any Provincial Government, any Government Agency, local
authority.
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 OVERVIEW OF EPAP-1997
Section 27: EPA’s Power to give directions
In the performance of their functions under this Act
(a) the Federal Agency and Provincial Agencies shall be bound by the directions
given to them in writing by the Federal Government; and
(b) a Provincial Agency shall be bound by the directions given to it in writing by the
Provincial Government.

Section 28: Insurance

– No suit, trial or other legal proceedings shall lie against the Federal or Provincial
Governments, the Council, the Federal Agency or Provincial Agencies, the Director-
Generals of the Federal Agency and the Provincial Agency, members, officers,
employees, experts, advisers, committees or consultants of the Federal or Provincial
Agencies or the Environmental Tribunal or Environmental Magistrates or this Act or
the rules or regulations made there under.
.

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 OVERVIEW OF EPAP-1997
Section 29: Dues recoverable as arrears of land revenue.
Any dues recoverable by the Federal Agency or Provincial Agency under this Act, or
the rules or regulations shall be recoverable as arrears of land revenue.

Section 31: Power to make rules.

The Federal Government may, by notification in the official Gazette, make rules for
carrying out the purposes of this Act including rules for implementing the provisions of
the international environmental Agreements, specified in the Schedule to this Act.

Section 32: Power to amend the Schedule

The Federal Government may, by notification in the official Gazette, amend the Schedule

Section 33: Power to make regulations.

For carrying out the purposes of this Act, the Federal Agency may, by notification in the
official Gazette and with the approval of the General Government, make regulations not
inconsistent with the provisions of this Act or the rules made there under.

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 SMART
 Software programme customized for industrial plants.
 Company information
 Plant information.
 Type information
 Operating conditions
 Emission sources
 Fuels used
 Sampling information/ sample analysis
 Reporting data to EPA

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 CPI
Cleaner Production Institute

44