2. Section 8: Establishment, Powers and
Functions of the Provincial EPA’s
• Every Provincial Government shall, by notification
in the official Gazette, establish an EPA, to
exercise such powers and perform such functions
under sub-section (2) of section 26.
• The Provincial Agency shall be headed by a
Director-General
• The Provincial Agency shall have such
administrative, technical and legal staff as the
Provincial Government may specify
• The powers and functions shall be exercised and
performed by the Director-General.
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3. Establishment, Powers and Functions
of the Provincial EPA’s
• The Director-General may, delegate any of these
powers and functions to staff appointed under sub-
section (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.
3
4. Section 9: Provincial Sustainable
Development Funds
• Establishment of the fund in each Province
• Sources;
▫ Grants made or loans advanced by the Federal
Government or the Provincial Governments;
▫ Aid and assistance, grants, advances, donations and
other non-obligatory funds received from foreign
governments, national or international agencies, and
non-governmental organizations; and
▫ Contributions from private organizations, and other
persons.
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5. Provincial Sustainable Development
Funds
• Usage of the Fund:
▫ Providing financial assistance to the projects designed
for the protection, conservation, rehabilitation and
improvement of the environment, the prevention and
control of pollution, the sustainable development of
resources and for research in any specified aspect of
environment; and
▫ Any other purpose which in the opinion of the Board
will help achieve environmental objectives and the
purpose of this Act.
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6. 6
Pollution Control
• The four basic provisions relating to pollution
control are contained in sections 11, 13, 14,
and 15.
• Section 11 prohibits discharge or emissions
of any effluents or waste or air pollutant or
noise in excess of the NEQS, or the
established ambient standards for air, water
or land.
7. Section 12: IEE and EIA
• No proponent of a project shall commence
construction or operation unless he has
filed with the Agency an initial
environmental examination or, where the
project is likely to cause an adverse
environmental effect, an environmental
impact assessment, and has obtained from
the Agency approval in respect thereof.
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8. 8
Non- compliance may result in……
• Financial penalties
• Clean up costs
• Compensation costs
• Loss of licenses
• Restriction of activities
9. Section 18 & 19:
Offences by Bodies Corporate and
local authorities
• Where any contravention of this Act has been
committed, and it is proved that such offence
has been committed with the consent or
connivance such officer of the body corporate
or local authority, shall be deemed guilty shall
be punished accordingly
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10. Sections 20, 21, 22 & 23: Environmental
Tribunals and their functions
• The Government is empowered to constitute
Environmental Tribunals to hear cases relating
to Pakistan Environmental Protection Act, 1997.
• The Federal Government has established
Environmental Tribunal one in each province.
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11. Section 24: Designation of
Environmental Magistrates
• The Federal and Provincial governments have
designated senior civil judges as Environmental
Magistrates to take all contraventions
punishable in respect of handling of hazardous
substances and pollution caused by motor
vehicles.
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12. Penalties by Environmental Magistrate
• Authorized to award compensation for losses or
damage under Section 17(5).
▫ Endorse a copy of the order of conviction to
concerned trade or industrial association;
▫ Sentence him to imprisonment for a term which may
extend up to two years;
▫ Order the closure of the factory;
▫ Order confiscation of the factory, machinery and
equipment, vehicle, material or substance, record or
document, or other object used or involved in
contravention of the provision of the Act
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13. Section 26: Delegation of Powers to
Provincial Governments
• Ministry of Environment, Local Government and
Rural Development had delegated functions and
powers of it and the Federal Environmental
Protection Agency under section 26 of the Act to the
Provincial governments.
• The Provincial Governments have further delegated
these powers and functions to Environmental
Protection Agencies and also planning to sub-
delegate selected powers to the local government.
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14. Section 27: Power to give Directions
▫ The Federal Agency and Provincial
Agencies shall be bound by the directions
given to them in writing by the Federal
Government; and
▫ A Provincial Agency shall be bound by the
directions given to it in writing by the
Provincial Government.
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15. Section 28: Indemnity
• No suit, prosecution or other legal proceedings
shall lie against the Federal or Provincial
Governments, the Councils, the Federal Agency or
Provincial Agencies, the Director-Generals 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.
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16. Section 29: Dues Recoverable as
Arrears of Land Revenues
• Any dues recoverable by the Federal Agency or
Provincial Agency under this Act, or the rules or
regulations made thereunder shall be
recoverable as arrears of land revenue.
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Section 30: Act to Override Other Laws
• The provisions of the Act shall have effect
notwithstanding anything inconsistent herewith
contained in any other law for the time being in
force.
17. 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.
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Section 32: Power to Amend the
Schedule
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.
18. 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 Federal Government, make
regulations not inconsistent with the provisions of this Act
or the rules made thereunder.
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Section 34: Repeal, Savings and
Succession
The Pakistan Environmental Protection Ordinance,
1983 (XXXVII of 1983) is hereby repealed.
On the establishment of this Act, all properties, assets
and liabilities established under the Ordinance shall vest
in and be the properties, assets and liabilities, of the
Federal and Provincial Agency established under this Act.
19. Case 1
The hospitality industry is an important service sector and world’s largest
resource (energy, water, materials & food) consuming industry and at the
same time generates disproportionate amounts of waste. Modern hotels are
designed to cater the needs of their guests and offer a comfortable stay; they
also have significant environmental, social and economic impact. Therefore,
an EIA study was carried out and environmental approval was obtained at
the time of construction of Serena Hotel in 2001. Now, to cater the growing
need of high class hospitality services in Islamabad Capital Development
Authority (CDA) leased out plot No. 07 in Sector G-5/1 to M/s Tourism
Promotion Services (Pakistan) Limited for the construction of five-star hotel.
The plot is adjacent to Islamabad Serena Hotel (backside of existing hotel),
which is also owned by M/s TPS-Pakistan Ltd. Therefore, they planned to
extend their existing Serena Hotel in eastwardly direction and CDA accorded
approval of the extension project.
a) What would be the legal and regulatory compliances for this project?
b) In the presence of an environmental approval, do we need another
environmental approval?
c) Under which category of IEE/EIA Regulations, this project will fall?
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