2. In This Presentation !!!
Definition
Pakistan’s perspective in Detail along with
Recommendation & Guidelines
EPA Notices (Samples)
Qs about EIA
Special Thanks
References
3. ABBREVIATIONS
PEPA :
PAKISTAN ENVIRONMENTAL PROTECTION ACT (1997)
IUCN :
INTERNATIONAL UNION FOR CONSERVATION OF NATURE & NATURAL RESOURCES
PEPO :
PAKISTAN ENVIRONMENTAL PROTECTION ORDINANCE (1983)
UNCED:
UNITED NATIONS CONFERENCE ON ENVIRONMENT & DEVELOPMENT(1992)
MoE :
MINISTRY OF ENVIRONMENT
G A :
GOVERNMENT AGENCY
4. What is E I A ?
Environmental Impact Assessment means:
an environmental study comprising collection of data, prediction
of qualitative and quantitative impacts,
comparison of alternatives,
evaluation of preventive, mitigatory and compensatory
measures,
formulation of environmental management,
training plans and monitoring arrangements,
framing of recommendations and such other components as
may be prescribed.
5. EIA origin in Pakistan
Shortly after its creation in 1947, Pakistan adopted Lord Macaulay’s 1860 Penal
Code [covering all types of crimes, including against the environment] and
modified it when needed. In addition, separate legislation was promulgated for
addressing environmental issues from forest cutting to noise.
It was the cumulative effect of all factors plus a growing international concern for
the environment that Pakistan drafted a comprehensive law on the environment
in the mid-1970s.
on the other hand, it could not be made into the agenda of the Parliament for
years. As a last resort, the bureaucracy pushed this all through with a
Presidential Order, thus giving birth to the Pakistan Environmental Protection
Ordinance, 1983.
6. EIA origin in Pakistan… P-2
This Ordinance made Environment Impact Assessment (EIA) a
requirement for any proposed project with possible adverse impacts on
the environment.
EIA thus became part of the project planning process, and it was made
mandatory from July 1, 1994, to seek prior approval of the relevant
Environmental Protection Agency (PEPO, 1983).
For enabling the project proponents in designing EIAs, the Pak-EPA
first developed an elaborate form, and later completed guidelines and
regulations.
Hence, EIAs are conducted for all large developmental projects,
although with varying attention to public participation and
Environmental Management Plans.
7. The Operational order period
The newly formed Pakistan Environmental Protection Agency was
struggling on two fronts;
First to save the existence of the Agency by having the Presidential
Ordinance endorsed by Pakistan’s Parliament;
Secondly to prepare the necessary rules and guidelines for pollution
control and EIA.
One major achievement of the Pakistan EPA was the development of a 16-
page “Proforma for Environmental Impact Assessment” (Pak-EPA, 1990).
This was essentially an outline for an EIA Report that helped in presenting
the findings in a cohesive manner.
EIAs during that period limited to large developmental projects, such as
Ghazi Barotha Hydropower Project (1991), and the oil and gas fields like
Dhodak (1991) and Qadirpur (1992).
8. The Operational order period… P-2
The Pakistan EPA continued its efforts on establishing environmental
standards.
Special committees were formed for such purposes with representation
from the concerned Government institutions, academia and the
Federation of Pakistan Chambers of Commerce and Industries (SRO,
1993).
It is also a bitter fact that several governments in Pakistan tried to
soften the stance on EIA.
Ironically, this policy came on the heels of Pakistan’s coming out as the
leader of the developing countries (G-77) at the Earth Summit in Rio de
Janeiro, 1992.
9. The Operational order period…P-3
There, Pakistan had proudly presented the National Conservation
Strategy (IUCN, 1992), and signed important international
environmental treaties like the United Nation Conventions on Climate
Change and Biological Diversity.
Most importantly, Pakistan signed the all encircling Agenda 21, and
the Rio de Genero Declaration.
By doing so, Pakistan agreed to integrate environmental
consideration in decision-making “at all levels and in all ministries”,
and openly agreed that EIA would be used as a ‘National Instrument’
for all proposed activities that are likely to have significant adverse
impact on the environment, and that this process would be regulated
by a ‘Competent National Authority’(UNCED, 1992)
10. Post - PEPA Developments
Appearance of EIA Guidelines and Regulations caused a new surge of
interest in the EIA ‘Business’.
Small-scale EIA Consulting groups began to approach the business
community for consultancy assignment, the consultant would ensure the
issuance of EPA Clearance for the proposed project.
The key problem here was with the EIA, checking process, in the concerned
EPAs, the task of scrutinizing EIA Reports was given to mid-career or even
junior officials.
Most of them had no personal experience of conducting EIA, had little
knowledge of the location of the proposed project, and had no access to
baseline data, especially technical information that could be used to verify
any statements or claims made in the EIA reports.
11. The Role of Civil Society
Civil society in Pakistan has openly accepted EIA as a tool for protection the
environment in planning Any developmental project.
Now, all developmental agencies of the government truly arrange EIA for
their proposed large projects as an integral part of the planning process.
Similarly, the proponents of large projects in the private sector that come
under Schedule-II of the Pak-EPA Regulations arrange EIA Reports for EPA
approval.
It is not unusual to hear the need for proper EIA echoed if an environmental
concern related to Any proposed project catches the attention of the civil
society organisations or the media.
Today, in spite of the clouds of uncertainty surrounding the Environmental
Protection Act and the institutions designated for its implementation,
the EIA is most definitely here to stay!
12. EIA was introduced in Pakistan under the environmental
law in 1997, and more detailed regulations have been put
in place since then.
However, effective implementation remains an issue.
There are violations of the law, e.g. the process of EIA is
not initiated at the planning stage but much later at the
construction stage.
The Regulations provide a list of projects, which require
IEE/EIA, but this list is incomplete and needs to be
technically reviewed.
EIA: Legal Guidelines
13. EIA: Legal Guidelines..P-2
besides, the institutional structure is also very weak, with a
limited number of personnel available to review and monitor
EIAs with no adequate job qualification.
Public participation is only restricted to reviewing of an EIA,
with no public participation happening at screening, scoping or
monitoring stages.
The law relies strongly on self-monitoring and there is no
adequate structure for regular monitoring,
Hence monitoring and enforcement are both weak.
14. Provincial Status …
As a follow-up of the Stockholm pronouncement of 1972,
Pakistan established the Ministry of Environment (MoE) in
1975.
It was anticipated and drafted the first consolidated
Federal Environmental Law, i.e. the Pakistan Environment
Protection Ordinance, in 1983 (the “1983 Ordinance”),
which was applicable to all provinces of Pakistan.
Section 12 of the Federal and Punjab Acts and 15 of the
Balochistan Act require filing of an EIA for projects that are
likely to cause adverse environmental effects.
The term “adverse environmental effect” means
impairment of, or damage to, the environment and
includes:
15. Provincial Status… Cont’d
(a) impairment of, or damage to, human health and safety or to
biodiversity or property;
(b) pollution; and
(c) any adverse environmental effect as may be specified in the
regulations
However, the Ordinance did not define or explain the process of
an environment impact assessment.
In 2010, through the 18th Amendment to the Constitution of the
Islamic Republic of Pakistan, 1973, environment became a
purely provincial subject, empowering each province to make
its own law.
In 2012, Punjab adopted the Federal Act with minor
amendments, calling it The Punjab Environmental Protection
Act, 1997 (the “Punjab Act”).
16. Provincial Status… Cont’d
In early 2013, Balochistan also framed its own law—The
Balochistan Environmental Protection Act, 2012 (the
“Balochistan Act”).
The Balochistan Act, while primarily built upon the
Federal Act, had some substantial additions and
improvements in it over and above the Federal Act.
KPK is in the process of framing its own law and the
Federal Act continues to be applicable to this province in
the interim.
Sindh promulgated the Sindh Environment Protection
Act in March 2014.
In addition to the Acts, at present all the provinces are
following the Regulations 2000 and the existing Federal
Guidelines.
17. Problems & Issues
The present categorization needs a thorough technical
review.
Problems include missing project types, projects in the wrong
category and an incorrect threshold between IEE and EIA, e.g.
renewable energy (solar, wind, etc.) large buildings and
hospitals are not included in any list.
Some projects in Schedule I (IEE) can at times have significant
impacts because of their size or other reasons and therefore
need reviewing for re-classification.
Cross-country oil and gas pipelines can have significant impacts
but are covered by an IEE whereas, they should be covered by
an EIA.
Similarly, coal-fired power plants even if smaller than 200 MW
merit an EIA.
18. Problems & Issues..P-2
Some types of projects, the total project cost is used to
determine the size of the EIA, with inflation, the thresholds
change and in many cases the existing division is meaningless,
e.g. Highways with total cost of Rs. 50 million or less require an
IEE.
No highway, however small, can be constructed in Rs. 50
million. Modifications to existing projects are often undertaken.
The regulations and guidelines do not provide any directions on
how to handle environmental assessment of these types of
projects.
Sometimes, projects change during the course of
implementation. Again, the regulations and guidelines are silent
on change management.
19. Review & Approval Authority for IEE/EIA
As per law, the relevant body that is to review the EIA is the
Government Agency (GA).
The GA in turn is defined as the division, department,
attached department, bureau, section, commission, board
office or the unit of the federal or provincial government; a
development or local authority or a company controlled or
established by government; Provincial Environmental
Agency or any other body
Provincial EPAs were entrusted to review EIAs for projects
in provinces and projects shared by more than one
province or in federal areas were reviewed by the federal
EPA.
The Balochistan Act has made substantial amendments in
the structure and has further devolved the power at district /
regional level linked with a provincial EPA
20. EIA PROCESS IN PAKISTAN
EIA PROCESS
Planning & Project
Preparing IEE Preparing EIA
EIA RequiredNo EIA Required
Preliminary Scrutiny of Documents
Advisory Committee /
Committee of Experts
Public Hearing
Review
Decision
Construction /
Operation of Project
21. Conclusions and Recommendations
To make the IEE/EIA process more meaningful and potent, it is
essential to amend the law in the following areas:
The definition of EIA needs to be amended in the light of the more
comprehensive international definitions.
The existing Schedules need to be revised with the assistance of
technical experts and include in the list of IEE/EIA all other
technologies which may have adverse environmental impact; and to
enhance monetary benchmarks to make the thresholds more
meaningful.
The regulations should provide for periodical revisions of schedules
to meet the changes of time.
The Regulations 2000 need to be amended and a proper structure
for Committee of experts, and other committees for reviewing
purposes must be provided,
22. Conclusions & Recommendations…p2
The Acts and Regulations 2000 may be amended to make public
participation mandatory at screening, scoping and reviewing stages
of an IEE/EIA.
To make public participation more meaningful, the Regulations 2000
may be amended to provide a formal structure for public participation.
For better enforcement of EIAs it is important to restructure
Environmental Tribunals to bring them within the domain of the
mainstream judicial system for better implementation.
It is also important to train the judiciary, especially the Tribunal
judges, in environmental laws with special focus on tools used for
accessing environmental impacts for appropriate interpretation of the
law.
For meaningful implementation of IEE/EIAs, it is important to
promulgate ambient standards.
24. Some Question
about EIA
Do you think EIAs have been successful in their
mandate or are economic issues still at the forefront?
What about in the future…???
Are they empty statements?
25. special Thanks for
the audience to have patience during My
Presentation
REFERENCES
a) PAK -IUCN
b) EPA – PAK
c) EIA for PAK
26. ABBREVIATIONS
PEPA : PAKISTAN ENVIRONMENTAL PROTECTION ACT (1997)
IUCN : INTERNATIONAL UNION FOR CONSERVATION OF NATURE & NATURAL RESOURCES
PEPO : PAKISTAN ENVIRONMENTAL PROTECTION ORDINANCE (1983)
UNCED: UNITED NATIONS CONFERENCE ON ENVIRONMENT &
DEVELOPMENT(1992)
