These Regulations were made as the main instrument to effectuate the IEE and EIA related provisions of the 1997 PEPA. In fact, the IEE/EIA related provisions of PEPA became operational after the promulgation of these Regulations (Nadeem and Hammed, 2008). Regulations 3 and 4 require an IEE or EIA of projects falling in any category listed in Schedule-I and II (see also boxes 7.3 and 7.4 in chapter 7). Regulation 6 authorises the Federal Agency to issue guidelines for preparation of an IEE/EIA. Detailed provisions of the Regulations are discussed in relevant sections later in this curriculum. Main provisions of the Regulations pertaining to the IEE/EIA filing, review, approval and monitoring are presented in the Box 5.2. These help to comprehend the process and the minimum number of days allocated to each step or activity at a glance. By the time of writing this curriculum, Provincial EPAs’ were in the process of formulating IEE/EIA Regulations for their respective jurisdictions. As
an interim arrangement, Pak-EPA’s Regulations were being followed. The Environment Protection Departments (EPAs) of Punjab and Balochistan, however, succeeded in amending PEPA 1997. The respective Provincial
Assemblies/Governments had approved and notified their Provincial Environmental Acts. The Provincial Environmental Protection Councils were also being established with the respective Chief Minister as its Chairperson.
While the AJK EPA was already operating under the AJK Environmental Protection Act 2000, Sindh and Gilgit-Baltistan EPAs/relevant departments have yet to present environmental protection acts to their respective assemblies. The following section presents amendments made in the Pakistan Environmental Protection Act 1997 to adopt it as the Punjab Environmental Protection Act 1997 also known as the Punjab Environmental Protection (Amendment) Act, 2012 (Box 5.3) and the Balochistan Environment Protection Act 2012 (Box 5.4).
Box 5.2: IEE/EIA related sections and provisions of PEPA, 1997
Section 12 Requires initial environmental examination (IEE)/EIA of projects likely to cause adverse environmental effects.
Section 12(a)(b)(4) Govt. Agency to review IEE/EIA and accord approval within 4 months. Section 12 (3) Review of EIA to be carried out with public participation.
Section 17 (1) Provides for penalty up to one million rupees in case of violation of IEE/EIA requirement with an additional fine of one hundred thousand rupees per day in case of continuing contravention.
Section 17 (4) Provides for an additional fine commensurate with the amount of monitory benefits, if any, accrued by proponent.
Section 20 Authorises Govt. to establish Environmental Tribunals.
Section 22 Aggrieved person may file an appeal with Environmental Tribunal within 30 days of the communication of decision.
Section 23 Aggrieved person may file an appeal against the order of the Environmental Tribunal to the High Court within 30 days.
Section 26 Federal Govt. may delegate any of its or Federal Agency’s powers to any Provincial Govt., Local Council or Local Authority.
Box 5.3: Legal provisions for IEE/EIA review, approval and monitoring in Pakistan Regulation 8 Filing of an IEE and EIA- ten paper copies and two electronic copies. Regulation 9 Preliminary scrutiny within 10 days of filing of an IEE/EIA
Regulation 10 Public participation by seeking comments on the EIA report and arranging a public hearing after publishing notices in two newspapers but not earlier than 30 days from the date of publication of notices.
Regulation 11 Review of IEE by EPA within 45 days and of the EIA within 90 days. EPA may constitute a committee of experts and should also consider comments of stakeholders.
Regulation 12 Communication of decision by EPA to the proponent.
Regulation 13 Conditions of approval also stating that the project shall be designed and constructed, and mitigation measures adopted in accordance with the IEE/EIA.
Regulation 14 Request by the proponent for confirmation of compliance of the conditions of approval accompanied by an Environmental Management Plan. EPA may carry out site/plant inspection and confirm compliance within 15 days of request.
Regulation 17 Approval shall be valid for commencement of construction for a period of 3 years. Upon commencing construction within three years, validity of approval shall extend that time for a further period of three years.
Regulation 18 Authorised staff of EPA entitled to enter and inspect the project site, building, plant etc. during construction and operation of project for verification of the implementation of conditions of approval. Proponent is bound to ensure full cooperation.
Regulation 19 Proponent required to submit report of completion of construction. In addition,
proponent shall submit annual monitoring report with respect to conditions of approval. Source: Derived from the Pak-EPA’s (Review of IEE and EIA) Regulations, 2000 (GoP, 2000).
Box 5.4: Main amendments related to IEE/EIA made in the PEPA 1997 by the Punjab Govt.
Section 17 (1) Provides for penalty up to [five million] rupees in case of violation of IEE/EIA requirement with an additional fine of one hundred thousand rupees per day in case of continuing contravention.
Section 26 Govt. of Punjab may delegate any of its or of the Provincial Agency’s powers to any Govt. Agency, Local Council or Local Authority.
Section 2 (xxxviia) NEQS have been substituted by the Punjab Environmental Quality Standards (PEQS). Source: GoPb, 2012
Box 5.5: IEE/EIA/SEA related sections and provisions of the BEPA, 2012
Section 13 (1) Regulates the conditions, methods and procedure according to which assessment of environmental impacts (strategic assessment) or SEA of plans and programmes shall be carried out.
Section 13 (2) Government at all levels of administration and in every sector shall incorporate environmental considerations into policies, plans programmes and strategies. Section 15 (1) Requires IEE/EIA of projects likely to cause adverse environmental effects. Section 15 (a)(b)(4) Government Agency to review IEE/EIA and accord approval within 4 months. Section 15 (3) Review of EIA to be carried out with public participation.
Section 25 (1) Provides for penalty up to one million rupees in case of violation of IEE/EIA requirement with an additional fine of one hundred thousand rupees per day in case of continuing contravention.
Section 25 (2) Provides for an additional fine commensurate with the amount of monetary benefits, if any, accrued by proponent.
Section 28 Authorises Government to establish Environmental Tribunals.
Section 30 Aggrieved person may file an appeal with Environmental Tribunal within 30 days of the communication of decision.
Section 31 Aggrieved person may file an appeal against the order of the Environmental Tribunal to the High Court within 30 days.
Section 34 Government of Balochistan may delegate any of its or of the Provincial Agency’s powers to any Government Agency, Local Council or Local Authority.
Source: GoB, 2013
The Government of Punjab has increased the amount of penalty from one million Rupees to five million Rupees on violation of IEE/EIA
requirement. On the other hand, Balochistan Government has made SEA/consideration of environmental impacts of provincial policies, plans and programmes a mandatory requirement. This is a very important and much needed addition to the Environmental Protection Act. Hopefully, other Provincial Governments as well as the Federal Government shall also make SEA a mandatory requirement. One may expect that the Provincial SEA and EIA regulations would be formulated soon.
5.3
Pak-EPA’s Guidelines for
IEE/EIA
Prior to the enactment of the PEPA in December 1997 and Review of IEE and EIA Regulations 2000, the Pakistan Environmental Protection Agency published a comprehensive set of
guidelines known as “The Pakistan Environmental Assessment Package” in November 1997. In addition to the policy and procedures for the filing, review and approval of environmental assessment, it included the following: l Guidelines for preparation and review of
environmental reports;
l Guidelines for public consultation;
l Guidelines for sensitive and critical areas; and l Guidelines for preparing environmental
reports of 8 specific sectors. The overall purpose is said “to facilitate
environmentally sound proposals by minimising
adverse impacts and maximising benefits to the community” (GoP, 1997b). This document
establishes necessary and very detailed procedures and specific responsibilities of proponents and officials of responsible
authorities. The proponent is not allowed to start any construction work relating to the project until the responsible authority issues environmental approval for that project. Duties of the
responsible authority are as described in the Pak- EPA’s Review of IEE and EIA Regulations 2000. Lists/schedules of projects requiring an IEE or EIA along with necessary forms for approval and agreement with the proponent and EPA are also included. Most of the guidelines, including schedules of projects that were described in this document were, later on, made part of the IEE/EIA Regulations. The four guidelines are further described and discussed in chapters 8, 9 and 11 of this curriculum.
5.3.1 Guidelines for sensitive and critical