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 WHEREAS, it is expedient to provide for the protection, conservation, rehabilitation and improvement of the environment, prevention and control of pollution, promotion of sustainable development, and for matters connected therewith and incidental thereto; It is hereby enacted as follows:
1 Short title, extent and commencement. 2 Definitions. 3 Establishment of the Pakistan Environmental Protection Council. 4 Functions and powers of the Council. 5 Establishment of the Pakistan Environmental Protection Agency. 6 Functions of the Federal Agency. 7 Powers of the Federal Agency. 8 Establishment, powers and functions of the Provincial Environmental Protection Agencies. 9 Establishment of the Provincial Sustainable Development Funds. 10 Management of the Provincial Sustainable Development Fund. 11 Prohibition of certain discharges or emissions. 12 Initial environmental examination and environmental impact assessment. 13 Prohibition of import of hazardous waste. 14 Handling of hazardous substances. 15 Regulation of motor vehicles. 16 Environmental protection order. 17 Penalties. 18 Offences by bodies corporate. 19 Offences by Government Agencies, local authorities or local councils. 20 Environmental Tribunals. 21 Jurisdiction and powers of Environmental Tribunals. 22 Appeals to the Environmental Tribunal. 23 Appeals from orders of the Environmental Tribunal. 24 Jurisdiction of Environmental Magistrates. 25 Appeals from orders of Environmental Magistrates. 26 Power to delegate. 27 Power to give directions. 28 Indemnity. 29 Dues recoverable as arrears of land revenue. 30 Act to override other laws. 31 Power to make rules. 32 Power to amend the Schedule. 33 Power to make regulations. 34 Repeal, savings and succession.
It extends to the whole of Pakistan.
It shall come into force at once.
‑ magnetic, radiation, heat, fumes, combustion exhaust, exhaust gases, noxious gases, hazardous substances and radioactive substances; (iv) "biodiversity" or "biological diversity" means the variability among living organisms from all sources, including inter alia terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems; ‑ living environment interacting as a functional unit; ‑ clauses (a) to (f) ; LXXXII of 1976 ); II of 1971 ), which, by reason of its chemical activity or toxic, explosive, flammable, corrosive, radioactive or other characteristics causes, or is likely to cause, directly or in combination with other matters, an adverse environmental effect; and LXXXII of 1976 ); (c) of subsection (1) of section 4; ‑ governmental organization, community ‑ based organization, village organization, local council or local authority and, in the case of a vessel, the master or other person having for the time being the charge or control of the vessel; ‑ crushing, drilling and the like; ‑ solid wastes and sludge from sanitary conveniences, kitchens, laundries, washing and similar activities and from any sewerage system or sewage disposal works; disposed of, and includes liquid waste, solid waste, waste gases, suspended waste, industrial waste, agricultural waste, nuclear waste, municipal waste, hospital waste, used polyethylene bags and residues from the incineration of all types of waste.
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The Federal Government shall, by Notification in the Official Gazette establish a council to be known as the Pakistan Environmental Protection Council consisting of ‑ (i) Prime Minister or such other person as the Prime Minister may nominate in this behalf. (ii) Minister In charge of the Ministry or Division dealing with the subject of environment. Chairperson. Vice ‑ Chairperson (iii) Chief Ministers of the Provinces Members. (iv) Ministers In charge of the subject of environment in the Provinces. (v) Such other persons not exceeding thirty ‑ five as the Federal Government may appoint, of which at least twenty shall be non ‑ official including five representatives of the Members Members Chambers of Commerce and Industry and industrial associations and one or more representatives of the Chambers of Agriculture, the medical and legal professions, trade unions, and non ‑ governmental organizations concerned with the environment and development, and scientists, technical experts and educationists. (vi) Secretary to the Government of Pakistan, in charge of the Ministry or Division dealing with the subject of environment. Member/ Secretary.
The Members of the Council, other than exofficio members, shall be appointed in accordance with the prescribed procedure and shall hold office for a term of three years.
The Council shall frame its own rules of procedure.
The Council shall hold meetings as and when necessary, but not less than two meetings shall be held in a year.
The Council may constitute committees of its members and entrust them with such functions as it may deem fit, and the recommendations of the committees shall be submitted to the Council for approval.
The Council or any of its committees may invite any technical expert or representative of any Government Agency or non ‑ governmental organization or other person possessing specialized knowledge of any subject for assistance in performance of its functions.
‑ renewable resources;
The Council may, either itself or on the request of any person or organization, direct the Federal Agency or any Government Agency to prepare, submit, promote or implement projects for the protection, conservation, rehabilitation and improvement of the environment, the prevention and control of pollution, and the sustainable development of resources, or to undertake research in any specified aspect of environment.
The Federal Agency shall be headed by a Director ‑ General, who shall be appointed by the Federal Government on such terms and conditions as it may determine.
The Federal Agency shall have such administrative, technical and legal staff as the Federal Government may specify, to be appointed in accordance with such procedure as may be prescribed.
The powers and functions of the Federal Agency shall be exercised and performed by the Director ‑ General.
The Director ‑ General may, by general or special order, delegate any of these powers and functions to staff appointed under subsection (3).
For assisting the Federal Agency in the discharge of its functions, the Federal Government shall establish Advisory Committees for various sectors, and appoint as members thereof eminent representatives of the relevant sector, educational institutions, research institutes and non ‑ governmental organizations.
Provided that before seeking approval of the Council, the Federal Agency shall publish the proposed National Environmental Quality Standards for public opinion in accordance with the prescribed procedure; and Provided that Provided that the disclosure of such information shall be subject to the restrictions contained in the proviso to subsection (3) of section 12 ;
The Federal Agency may ‑
‑ Provided that the power under clauses (f), (h), (i) and (j) shall be exercised in accordance with the provisions of the Code of Criminal Procedure, 1898 ( Act V of 1898 ), or the rules made under this Act and under the direction of the Environmental Tribunal or Environmental Magistrate; and ‑ General as its chairman and the Director ‑ Generals of the Provincial Environmental Protection Agencies and such other persons as the Federal Government may appoint as its members to exercise such powers and perform such functions as may be delegated or assigned to it by the Federal Government for carrying out the purposes of this Act and for ensuring inter provincial co ‑ ordination in environmental policies. ‑
Every Provincial Government shall, by notification in the official Gazette, establish an Environmental Protection Agency, to exercise such powers and perform such functions as may be delegated to it by the Provincial Government under subsection (2) of section 26.
The Provincial Agency shall be headed by a Director ‑ General who shall be appointed by the Provincial Government on such terms and conditions as it may determine.
The Provincial Agency shall have such administrative, technical and legal staff as the Provincial Government may specify, to be appointed in accordance with such procedure as may be prescribed.
The powers and functions of the Provincial Agency shall be exercised and performed by the Director ‑ General.
The Director ‑ General may, by general or special order, delegate any of these powers and functions to staff appointed under subsection (3).
For assistance of the Provincial Agency in the discharge of its functions, the Provincial Government shall establish sectoral Advisory Committees for various sectors and appoint members from amongst eminent representatives of the relevant sector, educational institutions, research institutes and non ‑ governmental organizations.
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There shall be established in each Province a Sustainable Development Fund.
The Provincial Sustainable Development Fund shall be derived from the following sources, namely: ‑ ‑ governmental organizations; and
The Provincial Sustainable Development Fund shall be utilized in accordance with such procedure as may be prescribed for ‑
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The Provincial Sustainable Development Fund shall be managed by a Board known as the Provincial Sustainable Development Fund Board consisting of ‑ (i) Chairman, Planning and Development Board/Additional Chief Secretary Planning and Development Department. (ii) such officers of the Provincial Governments not exceeding six as the Provincial Government may appoint, including Secretaries in charge of the Finance, Industries and Environment Department. (iii) such nonofficial persons not exceeding ten as the Provincial Government may appoint including representatives of the Provincial Chamber of Commerce and Industry, non governmental organizations, and major donors. Chairperson Members Members (iv) DirectorGeneral of the Provincial Agency. Member/Secretary
In accordance with such procedure and such criteria as may be prescribed, the Board shall have the power to—
The Board shall constitute committees of its members to undertake regular monitoring of projects financed from the Provincial Sustainable Development Fund and to submit progress reports to the Board which shall publish an Annual Report incorporating its annual audited accounts, and performance evaluation based on the progress reports.
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Subject to the provisions of this Act and the rules and regulations made thereunder 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, concentration or level which is in excess of the National Environmental Quality Standards or, where applicable, the standards established under sub ‑ clause (i) of clause (g) of subsection (1) of section 6.
The Federal Government levy a pollution charge on any person who contravenes or fails to comply with the provisions of subsection (1), to be calculated at such rate, and collected in accordance with such procedure as may be prescribed.
Any person who pays the pollution charge levied under subssection (2) shall not be charged with an offence with respect to that contravention or failure.
The provisions of subsection (3) shall not apply to projects which commenced industrial activity on or after the thirtieth day of June, 1994.
The Federal Agency shall ‑ ‑ submitted after such modifications as may be stipulated, or reject the project as being contrary to environmental objectives.
Every review of an environmental impact assessment shall be carried out with public participation and no information will be disclosed during the course of such public participation which relates to ‑ ‑ General of the Federal Agency is of the opinion that the request for confidentiality is not well ‑ founded or the public interest in the disclosure outweighs the possible prejudice to the competitive position of the project or its proponent; or
The Federal Agency shall communicate its approval or otherwise within a period of four months from the date the initial environmental examination or environmental impact assessment is filed complete in all respects in accordance with the prescribed procedure, failing which the initial environmental examination or, as the case may be, the environmental impact assessment shall be deemed to have been approved, to the extent to which it does not contravene the provisions of this Act and the rules and regulations made thereunder.
Subject to subsection (4) the Federal Government may in a particular case extend the aforementioned period of four months if the nature of the project so warrants.
The provisions of subsections (1), (2), (3), (4) and (5) shall apply to such categories of projects and in such manner as may be prescribed.
The Federal Agency shall maintain separate Registers for initial environmental examination and environmental impact assessment projects, which shall contain brief particulars of each project and a summary of decisions taken thereon, and which shall be open to inspection by the public at all reasonable hours and the disclosure of information in such Registers shall be subject to the restrictions specified in subsection (3).
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Subject to the provisions of this Act and the rules and regulations made thereunder, 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 subsection (1) of section 6.
For ensuring compliance with the standards mentioned in subsection (1), the Federal Agency may direct that any motor vehicle or class of vehicles shall install such pollution control devices or other equipment or use such fuels or undergo such maintenance or testing as may be prescribed.
Where a direction has been issued by the Federal Agency under subsection (2) in respect of any motor vehicles or class of motor vehicles, no person shall operate any such vehicle till such direction has been complied with.
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occurred in violation of the provisions of this Act, rules or regulations or of the conditions of a licence, and is likely to cause, or is causing or has caused an adverse environmental effect, the Federal Agency or, as the case may be, the Provincial Agency may, after giving the person responsible for such discharge emission, disposal, handling, act or omission an opportunity of being heard, 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.
In particular and without prejudice to the generality of the foregoing power, such measures may include ‑
Where the person, to whom directions under subsection (1) are given, does not comply therewith, the Federal Agency or Provincial Agency may, in addition to the proceeding initiated against him under this Act or the rules and regulations, itself take or cause to be taken such measures specified in the order as it may deem necessary, and may recover the costs of taking such measures from such person as arrears of land revenue.
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Whoever contravenes or fails to comply with the provisions of sections 11, 12, 13, or section 16 or any order issued thereunder shall be punishable with fine which may extend to one million rupees, and in the case of a continuing contravention or failure, with an additional fine which may extend to one hundred thousand rupees for everyday during which such contravention or failure continues and where such contravention or failure continues: Provided that if contravention of the provisions of section 11 also constitutes contravention of the provisions of section 15, such contravention shall be punishable under subsection (2) only.
Whoever contravenes or fails to comply with the provisions of section 14 or 15 or any rule or regulation or conditions of any licence, any order or direction issued by the Council or by the Federal Agency or Provincial Agency shall be punishable with fine which may extend to one hundred thousand rupees, and in case of continuing contravention, or failure with an additional fine which extend to one thousand rupees for every day during which such contravention continues.
Where an accused has been convicted of an offence under subsection (1) and (2), the Environmental Tribunal and Environmental Magistrate shall, in passing sentence, take into account the extent and duration of the contravention or failure constituting the offence, and the attendant circumstances.
Where an accused has been convicted of an offence under subsection (1) and the Environmental Tribunal is satisfied that as a result of the commission of the offence monetary benefits have accrued to the offender, the Environmental Tribunal may order the offender to pay, in addition to the fines under subsection (1), further additional fine commensurate with the amount of the monetary benefits.
Where a person convicted under subsection (1) or subsection (2); and had been previously convicted for any contravention under this Act, the Environmental Tribunal or, as the case may be, Environmental Magistrate may, in addition to the punishment awarded thereunder ‑ Provided that for a period of three years from the date of commencement of this Act, the sentence of imprisonment shall be passed only in respect of persons who have been previously convicted for more than once for any contravention of sections 11, 13, 14 or 16 involving hazardous waste;
The Director ‑ General of the Federal Agency or of a Provincial Agency or an officer generally or specially authorised by him in this behalf may, on the application of the accused compound an offence under this Act with the permission of the Environmental Tribunal or Environmental Magistrate in accordance with such procedure as may be prescribed.
Where the Director ‑ General of the Federal Agency or of a Provincial Agency is of the opinion that a person had contravened any provision of this Act, he may, subject to the rules, by notice in writing to that person require him to pay to the Federal Agency or, as the case may be, Provincial Agency an administrative penalty in the amount set out in the notice for each day the contravention continues; and a person who pays an administrative penalty for a contravention shall not be charged under this Act with an offence in respect of such contravention.
The provisions of subsections (6) and (7) shall not apply to a person who has been previously convicted of offence or who has compounded an offence under this Act or who has paid an administrative penalty for a contravention of any provision of this Act.
Provided that in the case of a company as defined under the Companies Ordinance, 1984 ( XLVII of 1984 ), only the Chief Executive as defined in the said Ordinance shall be liable under this section. Explanation. For the purposes of this section, “body corporate” includes a firm, association of persons and a society registered under the Societies Registration Act, 1860 ( XXI of 1860 ), or under the Cooperative Societies Act, 1925 (VII of 1925).
considers necessary and, where it establishes more than one Environmental Tribunal, it shall specify territorial limits within which, or the class of cases in respect of which, each one of them shall exercise jurisdiction under this Act.
An Environmental Tribunal shall consist of a Chairperson who is, or has been, or is qualified for appointment as, a Judge of the High Court to be appointed after consultation with the Chief Justice of the High Court and two members to be appointed by the Federal Government of which at least one shall be a technical member with suitable professional qualifications and experience in the environmental field as may be prescribed.
For every sitting of the Environmental Tribunal, the presence of the Chairperson and not less than one Member shall be necessary.
A decision of an Environmental Tribunal shall be expressed in terms of the opinion of the majority of its members, including the Chairperson, or if the case has been decided by the Chairperson and only one of the members and there is a difference of opinion between them, the decision of the Environmental Tribunal shall be expressed in terms of the opinion of the Chairperson.
An Environmental Tribunal shall not, merely by reason of a change in its composition, or the absence of any member from any sitting, be bound to recall and rehear any witness who has given evidence and may act on the evidence already recorded by, or produced, before it.
An Environmental Tribunal may hold its sittings at such places within its territorial jurisdiction as the Chairperson may decide.
No act or proceeding of an Environmental Tribunal shall be invalid by reason only of the existence of a vacancy in, or defect in the constitution of, the Environmental Tribunal.
The terms and conditions of service of the Chairperson and members of the Environmental Tribunal shall be such as may be prescribed.
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All contravention punishable under subsection (1) of section 17 shall exclusively be triable by an Environmental Tribunal.
An Environmental Tribunal shall not take cognizance of any offence triable under subsection (2) except on a complaint in writing by ‑‑
In exercise of its criminal jurisdiction, the Environmental Tribunal shall have the same powers as are vested in the Court of Session under the Code of Criminal Procedure, 1898 ( Act V of 1898 ).
In exercise of the appellate jurisdiction under section 22 the Environmental Tribunal shall have the same powers and shall follow the same procedure as an appellate court in the Code of Civil Procedure, 1908 ( Act V of 1908 ).
In all matters with respect to which no procedure has been provided for in this Ordinance, the Environmental Tribunal shall follow the procedure laid down in the Code of Civil Procedure, 1908 ( Act V of 1908 ).
An Environmental Tribunal may, on application filed by any officer duly authorised in this behalf by the Director ‑ General of the Federal Agency or Provincial Agency, issue bailable warrant for the arrest of any person against whom reasonable suspicion exists of his having been involved in contravention punishable under subsection (1) of section 17: Provided that such warrant shall be applied for, issued and executed in accordance with the provisions of the Code of Criminal Procedure, 1898 ( Act V of 1898 ): Provided further that if the person arrested executes a bond with sufficient sureties in accordance with the endorsement on the warrant, he shall be released from custody, failing which he shall be taken or sent without delay to the officer ‑ in ‑ charge of the nearest police station.
All proceedings before the Environmental Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Pakistan Penal Code ( Act XLV of 1860 ) and the Environmental Tribunal shall be deemed to be a court for the purposes of sections 480 and 482 of the Code of Criminal Procedure, 1898 ( Act V of 1898 ).
No Court other than an Environmental Tribunal shall have or exercise any jurisdiction with respect to any matter to which the jurisdiction of an Environmental Tribunal extends under this Act or the rules and regulations made thereunder.
Where the Environmental Tribunal is satisfied that a complaint made to it under subsection (3) is false and vexatious to the knowledge of the complainant, it may, by an order, direct the complainant to pay to the person complained against such compensatory costs which may extend to one hundred thousand rupees.
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Any person aggrieved by any order or direction of the Federal Agency or any Provincial Agency under any provision of this Act and rules or regulations made thereunder may prefer an appeal with the Environmental Tribunal within thirty days of the date of communication of the impugned order or direction to such person.
An appeal to the Environmental Tribunal shall be in such form, contain such particulars and be accompanied by such fees as may be prescribed.
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Any person aggrieved by any final order or by any sentence of the Environmental Tribunal passed under this Act may, within thirty days of communication of such order or sentence, prefer an appeal to the High Court.
An appeal under subsection (1) shall be heard by a Bench of not less than two Judges.
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Notwithstanding anything contained in the Code of Criminal Procedure, 1898 ( Act V of 1898 ), or any other law for the time being in force, but subject to the provisions of this Act, all contraventions punishable under subsection (2) of section 17 shall exclusively be triable by a judicial Magistrate of the first class as Environmental Magistrate especially empowered in this behalf by the High Court.
An Environmental Magistrate shall be competent to impose any punishment specified in subsections
and (4) of section 17.
An Environmental Magistrate shall not take cognizance of an offence triable under subsection (1) except on a complaint in writing by ‑
*
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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 made thereunder to any Provincial Government, any Government Agency, local council or local authority.
The Provincial Government may, by notification in the official Gazette, delegate any of its or of the Provincial Agency's powers or functions under this Act and the rules and regulations made thereunder to any Government Agency of such Provincial Government or any local council or local authority in the Province. * For such powers delegated to Maritime Security Agency, Pl. see SRO No. 9 (KE)/05, dated 02022005. See S.R.O. 1251 to 1254(I)/98, dt.271098.
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‑ General of the Federal Agency and the Provincial Agency, members, officers, employees, experts, advisors, committees or consultants of the Federal or Provincial Agencies or the Environmental Tribunal or Environmental Magistrates or any other person for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder.
‑ 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.
‑ The Federal Government may, by Notification in the official Gazette, amend the Schedule so as to add any entry thereto or modify or omit any entry therein.
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For carrying out the purposes of this Act, the Federal Agency may, by Notification in the official Gazette and with the approval of the Federal Government, make regulations not inconsistent with the provisions of this Act or the rules made thereunder.
In particular and without prejudice to the generality of the foregoing power, such regulations may provide for ‑
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The Pakistan Environmental Protection Ordinance, 1983 (XXXVII of 1983) is hereby repealed.
Notwithstanding the repeal of the Pakistan Environmental Protection Ordinance, 1983 (XXVII of 1983), any rules or regulations or appointments made, orders passed, notifications issued, powers delegated, contracts entered into, proceedings commenced, rights acquired liabilities incurred, penalties, rates, fees or charges levied, things done or action taken under any provisions of that Ordinance shall, so far as they are not inconsistent with the provisions of this Act, be deemed to have been made, passed, issued, delegated, entered into, commenced, acquired, incurred, levied, done or taken under this Act.
On the establishment of the Federal Agency and Provincial Agencies under this Act, all properties, assets and liabilities pertaining to the Federal Agency and Provincial Agencies established under that Ordinance shall vest in and be the properties, assets and liabilities, as the case may be, of the Federal Agency and Provincial Agency established under this Act. (See section 31)