(XXXIV of 1997)
[6 December 1997]
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.– (1)
This Act shall be called the [2][Punjab ] Environmental
Protection Act, 1997.
(3) It
shall come into force at once.
2. Definitions.– In this Act, unless there is anything repugnant in the
subject or context,–
(i) “adverse environmental effect” means
impairment of, or damage to, the environment and includes–
(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;
(ii) “agriculture waste” means waste from farm and
agricultural activities including poultry, cattle farming, animal husbandry,
residues from the use of fertilizers, pesticides and other farm chemicals;
(iii) “air pollutant” means any substance that
causes pollution of air and includes soot, smoke, dust particles, odor, light,
electro-magnetic, radiation, heat, fumes, combustion exhaust, exhaust gases,
noxious gases, hazardous substance 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;
(vi) “discharge” means spilling, leaking, pumping,
depositing, seeping, releasing, flowing out, pouring, emitting, emptying or
dumping;
(vii) “ecosystem” means a dynamic complex of plant,
animal and micro-organism communities and their non-living environment
interacting as a functional unit;
(viii) “effluent” means any material in solid,
liquid or gaseous form or combination thereof being discharged from industrial
activity or any other source and includes a slurry, suspension or vapour;
(ix) “emission standards” means the permissible
standards established by the [5][Provincial Agency] for emission of air pollutants and noise
and for discharge of effluent and waste;
(x) “environment” means–
(a) air, water and land;
(b) all layers of the atmosphere;
(c) all organic and inorganic matter and living
organisms;
(d) the ecosystem and ecological relationships;
(e) buildings, structures, roads, facilities and
works;
(f) all social and economic conditions affecting
community life; and
(g) the inter-relationships between any of the
factors in sub-clauses (a) to (f);
(xi) “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
and training plans and monitoring arrangements, and framing of recommendations
and such other components as may be prescribed;
(xii) “Environmental Magistrate” means the
Magistrate of the First Class appointed under section 24;
(xiii) “Environmental Tribunal” means the
Environmental Tribunal constituted under section 20;
(xv) “factory” means any premises in which
industrial activity is being under taken;
(a) a department, an attached department or any
other office of the Government; and
(b) a development authority, local authority,
company or a body corporate established or controlled by the Government;]
(xviii) “hazardous substance” means–
(a) a substance or mixture of substances, other
than a pesticide as defined in the Agricultural Pesticides Ordinance, 1971 (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
(b) any substance which may be prescribed as a hazardous
substance;
(xix) “hazardous waste” means waste which is or
which contains a hazardous substance or which may be prescribed as hazardous
substance or which may be prescribed as hazardous waste, and includes hospital
waste and nuclear waste;
(xxi) “hospital waste” includes waste medical
supplies and materials of all kinds, and waste blood, tissue, organs and other
parts of the human and animal bodies, from hospitals, clinics and laboratories;
(xxii) “industrial activity” means any operation or
process for manufacturing, making, formulating, synthesising, altering,
repairing, ornamenting, finishing, packing or otherwise treating any article or
substance with a view to its use, sale, transport, delivery or disposal, or for
mining, for oil and gas exploration and development, or for pumping water or
sewage, or for generating, transforming or transmitting power or for any other
industrial or commercial purposes;
(xxiii) “industrial waste” means waste resulting from
an industrial activity;
(xxiv) “initial environmental examination” means a
preliminary environmental review of the reasonably foreseeable qualitative and
quantitative impacts on the environment of a proposed project to determine
whether it is likely to cause an adverse environmental effect for requiring
preparation of an environmental impact assessment;
(xxv) ”local authority” means any agency set up or
designated by the [10][Government] by notification in the official Gazette to be a
local authority for the purposes of this Act;
(xxvi) “local council” means a local council
constituted or established under a law relating to local government;
(xxvii) “motor vehicle” means any mechanically
propelled vehicle adapted for use upon land whether its power of propulsion is
transmitted thereto from an external or internal source, and includes a chassis
to which a body has not been attached, and a trailer, but does not include a
vehicle running upon fixed rails;
(xxviii) “municipal waste” includes sewage, refuse,
garbage, waste form abattoirs, sludge and human excreta and the like;
(xxx) “noise” means the intensity, duration and
character of sounds from all sources, and includes vibration;
(xxxi) “nuclear waste” means waste from any nuclear
reactor or nuclear plant or other nuclear energy system, whether or not such
waste is radioactive;
(xxxii) “person” means any natural person or legal
entity and includes an individual, firm, association, partnership, society,
group, company, corporation, co-operative society, Government Agency,
non-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;
(xxxiii) “pollution” means the contamination of air,
land or water by the discharge or emission of effluents or wastes or air
pollutants or noise or other matter which either directly or indirectly or in
combination with other discharges or substances alters unfavourably the
chemical, physical, biological, radiational, thermal or radiological or
aesthetic properties of the air, land or water or which may, or is likely to
make the air, land or water unclean, noxious or impure or injurious,
disagreeable or detrimental to the health, safety, welfare or property of
persons or harmful to biodiversity;
(xxxv) “project” means any activity, plan, scheme,
proposal or undertaking involving any change in the environment and includes–
(a) construction by use of buildings or other
works;
(b) construction or use of roads or other
transport systems;
(c) construction or operation of factories or
other installations:
(d) mineral prospecting, mining, quarrying,
stone-crushing, drilling and the like;
(e) any change of land use or water use; and
(f) alteration, expansion, repair, decommissioning
or abandonment of existing buildings or other works, roads or other transport
systems, factories or other installations;
(xxxvi) “proponent” means the person who proposes or
intends to undertake a project;
[13][(xxxvii) “Provincial Agency” means the Provincial
Environmental Protection Agency established under the Act, or any Government
Agency, local council or local authority exercising the powers and functions of
the Provincial Agency;]
[14][(xxxvii-a) “Punjab Environmental Quality Standards” mean
the standards prepared by the Provincial Agency and approved by the Council;]
(xxxviii) “regulations” means regulations made under the
Act;
(xxxix) “rules” means rules made under this Act;
(xl) “sewage’ means liquid or semi-solid wastes
and sludge from sanitary conveniences, kitchens, laundries, washing and similar
activities and from any sewerage system or sewage disposal works;
(xli) “standards’ means qualitative and
quantitative standards for discharge of effluents and wastes and for emission
of air pollutants and noise either for general applicability or for a
particular area, or from a particular production process, or for a particular
product, and includes the [15][Punjab] Environmental Quality
Standards, emission standards and other standards established under this Act
and the rules and regulations made there under;
(xlii) “sustainable development” means development
that meets the needs of the present generation without compromising the ability
of future generations to meet their needs;
(xliv) “vessel” includes anything made for the
conveyance by water of human beings or of goods; and
(xix) “waste” means any substance or object which
has been, is being or is intended to be, discarded or 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.
3. Establishment
of the [17][Punjab ] Environmental
Protection Council.– [18][(1) The Government
shall, by notification in the official Gazette, establish a Council to be known
as the Punjab Environmental Protection Council consisting of–
(i)
|
Chief
Minister of the
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Chairperson
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(ii)
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Minister
Incharge of the Environment Protection Department;
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Vice
Chairperson
|
(iii)
|
such other persons not exceeding thirty five as
the Government may appoint, of which at least twenty five shall be
non-official including at least three Members of the Provincial Assembly of
the Punjab, five representatives of the Chambers of Commerce and Industry and
one or more representatives of the Chambers of Agriculture, Medical and legal
profession, trade unions and non- governmental organizations concerned with
the environment and sustainable development, and scientists, technical
experts and educationalists [19][:]
[20][Provided
that at least one female member of the Assembly and at least four women shall
be appointed as non-official members; and]
|
Members
|
(iv)
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Secretary
to the Government, Environment Protection Department.
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Member/Secretary]
|
(2) The
Members of the Council, other than ex-officio members, shall be
appointed in accordance with the prescribed procedure and shall hold office for
a term of three years.
(3) The
Council shall frame its own rules of procedure.
(4) The
Council shall hold meetings as and when necessary, but not less than two
meetings shall be held in a year.
(5) 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.
(6) 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.
4. Functions
and powers of the Council.– (1) The
Council shall–
(a) co-ordinate and supervise enforcement of the
provisions of this Act;
(b) approve comprehensive national environmental
policies and ensure their implementation within the framework of a national conservation strategy as may be approved by the [21][Government] from time to
time;
(d) provide guidelines for the protection and
conservation of species, habitats, and biodiversity in general, and for the
conservation of renewable and non-renewable resources;
(e) coordinate integration of the principles and
concerns of sustainable development into national development plans and
policies; and
(2) The
Council may, either itself or on the request of any person or organisation,
direct the [24][Provincial 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.
5. Establishment
of the [25][Provincial]
Environmental Protection Agency.–
[26][(1) The Government
shall, by notification in the official Gazette, establish the Provincial
Environmental Protection Agency to exercise the powers and perform the
functions assigned to it under this Act, the rules and the regulations.]
(2) The
[27][Provincial Agency] shall be headed by a Director General,
who shall be appointed by the [28][Government] on such terms and conditions as it may
determine.
(3) The
[29][Provincial Agency] shall have such administrative,
technical and legal staff as the [30][Government] may specify, to be appointed in accordance with
such procedure as may be prescribed.
(4) The
powers and functions of the [31][Provincial Agency] shall b exercised and performed by the
Director-General.
(5) The
Director-General may, by general or special order, delegate any of these powers
and functions to staff appointed under sub-section (3).
(6) For assisting the [32][Provincial Agency] in
the discharge of its functions, the [33][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.
(a) administer and implement the provisions of
this Act and the rules and regulations made thereunder;
(b) prepare, in coordination with the
appropriate Government Agency and in consultation with the concerned sectoral
Advisory Committees, [36][* * *] environmental
policies for approval by the Council;
(c) take all necessary measures for the
implementation of the [37][* * *] environmental policies approved by the Council;
(e) prepare or revise, and establish the [39][Punjab ] Environmental
Quality Standards with approval of the Council:
Provided
that before seeking approval of the Council, the [40][Provincial Agency] shall
publish the proposed [41][Punjab] Environmental
Quality Standards for public opinion in accordance with the prescribed
procedure;
[43][(g) establish standards for the quality of the
ambient air, water and land, by notification in the official Gazette;]
(h) co-ordinate environmental policies and
programmes nationally and internationally;
(i) establish systems and procedures for surveys,
surveillance, monitoring, measurement, examination, investigation, research,
inspection and audit to prevent and control pollution, and to estimate the
costs of cleaning up pollution and rehabilitating the environment in various
sectors;
(j) take measures to promote research and the
development of science and technology which may contribute to the prevention of
pollution, protection of the environment, and sustainable development;
(k) certify one or more laboratories as
approved laboratories for conducting tests and analysis and one or more
research institutes as environmental research institutes for conducting
research and investigation, for the purposes of this Act;
(l) identify the needs for, and initiate
legislation in various sectors of the environment;
(m) render advice and assistance in environmental
matters, including such information and data available with it as may be
required for carrying out the purposes of this Act:
Provided
that the disclosure of such information shall be subject to the restrictions
contained in the proviso to sub-section (3) of section 12;
(n) assist the local councils, local authorities,
Government Agencies and other persons to implement schemes for the proper
disposal of wastes so as to ensure compliance with the standards established by
it;
(o) provide information and guidance to the
public environmental matters;
(p) recommend environmental courses, topics,
literature and books for incorporation in the curricula and syllabi of
educational institutions;
(q) promote public education and awareness of
environmental issues through mass media and other means, including seminars and
workshops;
(r) specify safeguards for the prevention of
accidents and disasters which may cause pollution, collaborate with the
concerned person in the preparation of contingency plans for control of such
accidents and disasters, and co-ordinate implementation of such plans;
(s) encourage the formation and working of
non-governmental organizations, community organizations and village
organizations to prevent and control pollution and promote sustainable
development;
(t) take or cause to be taken all necessary
measure for the protection, conservation, rehabilitation and improvement of the
environment, prevention and control of pollution and promotion of sustainable
development; and
(u) perform any function which the Council may
assign to it.
(a) undertake inquires or investigation into
environmental issues, either of its own accord or upon complaint from any
person or organisation;
(b) request any person to furnish any information
or data relevant to its functions;
(c) initiate with the approval of the [45][Government], requests for foreign assistance in support of
the purposes of this Act and enter into arrangements with foreign agencies or
organizations for the exchange of material or information and participate in
international seminars or meetings;
(d) recommend to the [46][Government] the adoption of financial
and fiscal programmes, schemes or measures for achieving environmental
objectives and goals and the purposes of this Act, including–
(i) incentives, prizes awards, subsidies, tax
exemptions, rebates and depreciation allowances; and
(ii) taxes, duties, cesses and other levies;
(e) establish and maintain laboratories to help
in the performance of its functions under this Act and to conduct research in
various aspects of the environment and provide or arrange necessary assistance
for establishment of similar laboratories in the private sector; and
(f) provide or arrange, in accordance with such
procedure as may be prescribed, financial assistance for projects designed to
facilitate the discharge of its functions.
7. Powers of
the [47][Provincial
Agency].– Subject to the provisions of this
Act, the [48][Provincial Agency] may–
(a) lease, purchase, acquire, own, hold, improve,
use or otherwise deal in and with any property both movable and immovable;
(b) sell, convey, mortgage, pledge, exchange or
otherwise dispose of its property and assets;
(c) fix and realize fees, rates and charges for
rendering any service or providing any facility information or data under this
Act or the rules and regulations made thereunder;
(d) enter into the contracts, execute instruments,
incur liabilities and do all acts or things necessary for proper management and
conduct of its business;
(e) appoint with the approval of the [49][Government] and in accordance with
such procedures as may be prescribed, such advisers, experts and consultants as
it considers necessary for the efficient performance of its functions on such
terms and conditions as it may deem fit;
(f) summon and enforce the attendance of any
person and require him to supply any information or document needed for the
conduct of any enquiry or investigation into any environmental issue;
(g) enter and inspect and under the authority of a
search warrant issued by the Environmental Tribunal or Environmental
Magistrate, search at any reasonable time, any land, building, premises,
vehicle or vessel or other place where or in which, there are reasonable
grounds to believe that an offence under this Act has been or is being
committed;
(h) take samples of any materials, products,
articles or substances or of the effluents, wastes or air pollutants being
discharged or emitted or of air, water or land in the vicinity of the discharge
or emission;
(i) arrange for test and analysis of the samples
at a certified laboratory;
(j) confiscate any article used in the commission
of the offence where the offender is not known or cannot be found within a reasonable
time:
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
[50][(k) establish the Punjab Environmental Coordination
Committee comprising the Director General as its convener and such other
members as the Government may appoint to exercise such powers and perform such
functions as may be delegated or assigned to it by the Government for carrying
out the purposes of this Act.]
9. Establishment
of the Provincial Sustainable Development Fund.– [52][(1)
There shall be established a Provincial Sustainable Development Fund.]
(2) The
Provincial Sustainable Development Fund shall be derived from the following
sources, namely:–
(b) aid and assistance, grants, advances, donations
and other non-obligatory funds received from foreign governments, national or
international agencies, and non-governmental organizations; and
(c) contributions from private organizations, and
other persons.
(3) The
Provincial Sustainable Development Fund shall be utilized in accordance with
such procedure as may be prescribed for–
(a) 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
(b) any other purpose which in the opinion of the
Board will help achieve environmental objectives and the purposes of this Act.
10. Management of the Provincial
Sustainable Development Fund.– [54][(1)
The Provincial Sustainable Development Fund shall be managed by a Board known
as the Provincial Sustainable Development Fund Board consisting of–
(i)
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Chairman,
Planning and Development Board;
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Chairperson
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(ii)
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Such officers of the
Government, not exceeding six, as the Government may appoint including
Secretaries incharge of the Finance, Industries and Environment Departments;
|
Members
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(iii)
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such non-official persons
not exceeding ten as the Government may appoint including representatives of
the Chamber of Commerce and Industry, non-governmental organizations and
major donors; and
|
Members
|
(iv)
|
Director General of the Provincial Agency.
|
Member/Secretary]
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(2) In
accordance with such procedure and such criteria as may be prescribed, the
Board shall have the power to–
(a) sanction financial assistance for eligible
projects;
(b) invest moneys held in the Provincial
Sustainable Development Fund in such profit-bearing government bonds, savings
schemes and securities as it may deem suitable; and
(c) take such measures and exercise such powers as
may be necessary for utilization of the Provincial Sustainable Development fund
for the purposes specified in sub-section (3) of section 9.
(3) 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.
11. Prohibition
of certain discharges or emissions.–
(1) Subject to the provisions of this Act and the rules and regulations made
there under 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 [55][Punjab] Environmental Quality Standards or, where
applicable, the standards established under sub-clause (i) of clause (g) of
sub-section (1) of section 6.
(2) The
[56][Government] may levy a pollution charge on any person who
contravenes or fails to comply with the provisions of sub-section (1), to be
calculated at such rate, and collected in accordance with such procedure as may
be prescribed.
(3) Any
person who pays the pollution charge levied under sub-section (2) shall not be
charged with an offence with respect to that contravention or failure.
(4) The
provision of sub-section (3) shall not apply to projects, which commenced
industrial activity on or after the thirtieth day of June, 1994.
12. Initial
environmental examination and environmental impact assessment.– (1) No proponent of a project shall commence construction
or operation unless he has filed with the [57][Provincial 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 [58][Provincial Agency] approval in respect thereof.
(a) review the initial environmental examination
and accord its approval, or require submission of an environmental impact
assessment by the proponent; or
(b) review the environmental impact assessment and
accord its approval subject to such conditions as it may deem fit to impose, or
require that the environmental impact assessment be re-submitted after such
modifications as may be stipulated, or reject the project as being contrary to
environmental objectives.
(3) 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–
(i) trade, manufacturing or business activities,
processes or techniques of a proprietary nature, or financial, commercial,
scientific or technical matters which the proponent has requested should remain
confidential, unless for reasons to be recorded in writing, the Director -
General of the [60][Provincial 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
(ii) International relations, national security or
maintenance of law and order, except with the consent of the [61][Government]; or
(iii) matters covered by legal professional
privilege.
(4) The
[62][Provincial 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.
(5) Subject
to sub-section (4) the [63][Government] may in a particular case extend the aforementioned
period of four months if the nature of the project so warrants.
(6) The
provisions of sub-sections (1), (2), (3), (4) and (5) shall apply to such
categories of projects and in such manner as may be prescribed.
(7) The [64][Provincial Agency] shall maintain
separate Registers for initial environmental examination and environmental
impact assessment project, 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
sub-section (3).
[65][13. Prohibition of import of
hazardous waste.– No
person shall import hazardous waste into the Punjab .]
14. Handling of
hazardous substances.– Subject to the provisions of this
Act, no person shall generate, collect, consign, transport, treat, dispose of,
store, handle or import any hazardous substance except–
(a) under a licence issued by the [66][Provincial Agency] and in such manner as may be prescribed;
or
(b) in accordance with the provisions of any other
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.
15. Regulation of
motor vehicles.– (1) 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 [67][Punjab] Environmental Quality Standards, or where
applicable the standards established under clause (g) of sub-section (1) of
section 6.
(2) For ensuring compliance with the
standards mentioned in sub-section (1), the [68][Provincial 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.
(3) Where
a direction has been issued by the [69][Provincial Agency] under sub-section (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.
16. Environmental
protection order.– [70][(1) Where the Provincial
Agency is satisfied that the discharge or emission 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 any provision of this Act, rules or regulations
or of the conditions of a license, or is likely to cause, or is causing, or has
caused an adverse environmental effect, 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 as the Provincial Agency may consider necessary within such
period as may be specified in the order.]
(2) In
particular and without prejudice to the generality of the foregoing power, such
measures may include–
(a) immediate stoppage, preventing, lessening or
controlling the discharge, emission, disposal, handling, act or omission, or to
minimize or remedy the adverse environmental effect;
(b) installation, replacement or alteration of any
equipment or thing to eliminate or control or abate on a permanent or temporary
basis, such discharge, emission, disposal, handling, act or omission;
(c) action to remove or otherwise dispose of the
effluent, waste, air pollutant, noise, or hazardous substances; and
(d) action to restore the environment to the
condition existing prior to such discharge, disposal, handling, act or
omission, or as close to such condition as may be reasonable in the
circumstances, to the satisfaction of the [71][Provincial Agency].
(3) Where the person, to whom directions
under sub-section (1) are given, does not comply therewith, the [72][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.
17. Penalties.– (1) 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 [73][five
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 every
day during which such contravention or failure continues and where such
contravention or failure continues:
Provided that if contravention of
the provision of section 11 also constitutes contravention of the provisions of
section 15, such contravention shall be punishable under sub-section (2) only.
(2) 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 [74][Provincial Agency] shall be punishable with fine which may
extend to [75][five hundred thousand] rupees, and in case of continuing
contravention, or failure with an additional fine which may extend to one
thousand rupees for every day during which such contravention continues.
(3) Where an accused has been convicted of
an offence under sub-section (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.
(4) Where
an accused has been convicted of an offence under sub-section (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
sub-section (1), further additional fine commensurate with the amount of the
monetary benefits.
(5) Where
a person convicted under sub-sections (1) or sub-section (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–
(a) endorse a copy of the order of conviction to
the concerned trade or industrial association, if any, or the concerned
Provincial Chamber of Commence and Industry or the Federation of Pakistan Chambers
of Commerce and Industry;
(b) sentence him to imprisonment for a term which
may extend up to two years;
(c) order the closure of the factory;
(d) 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 provisions of the Act:
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 previous convicted for more than once for any contravention of section 11,
13,14 or 16 involving hazardous waste;
(e) order such person to restore the environment at
his own cost, to the conditions existing prior to such contravention or as close
to such conditions as may be reasonable in the circumstances to the
satisfaction of the [76][Provincial Agency]; and
(f) order that such sum be paid to any person as
compensation for any loss, bodily injury, damage to his health or property
suffered by such contravention.
(6) The
Director-General of the [77][Provincial Agency] or an officer generally or specially
authorized by him in this behalf may, on the application of the accused
compound an offence under this Act with the permission of Environmental Tribunal
or Environmental Magistrate in accordance with such procedure as may be
prescribed.
(7) Where
the Director-General of the [78][Provincial Agency] is of the opinion that a person has
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 [79][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.
(8) The
provisions of sub-sections (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.
18. Offences by
bodies corporate.– Where any contravention of this
Act has been committed by a body corporate, and it is proved that such offence
has been committed with the consent or connivance of, or is attributed to any
negligence on the part of, any director, partner, manager, secretary or other
officer of the body corporate, such director, partner, manager, secretary or
other officer of the body corporate, shall be deemed guilty of such
contravention along with the body corporate and shall be punished accordingly:
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 Co-operative Societies Act, 1925 (VII of 1925).
19. Offences
by Government Agencies, local authorities or local councils.– Where any contravention of this Act
has been committed by any Government Agency, local authority or local council,
and it is proved that such contravention has been committed with the consent or
connivance of, or is attributable to any negligence on the part of the Head or
any other officer of the Government Agency, local authority or local council,
such Head or other officer shall also be deemed guilty of such contravention
along with the Government Agency, local authority or local council and shall be
liable to be proceeded against and punished accordingly.
20. Environmental
Tribunals.– (1) The [80][Government] may, by notification in the official Gazette,
establish as many Environmental Tribunals as it considers necessary and, where
it establishes more than one Environmental Tribunal, it shall specify
territorial limits within which, or the clause of cases in respect of which,
each one of them shall exercise jurisdiction under this Act.
(2) 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 [81][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.
(3) For
every sitting of the Environmental Tribunal, the presence of the Chairperson
and not less than one Member shall be necessary.
[82][(4) A
decision of an Environmental Tribunal shall be expressed in terms of the
opinion of the majority, 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.]
(5) 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 was given evidence, and may act on the evidence
already recorded by, or produced, before it.
(6) An
Environmental Tribunal may hold its sittings at such places within its
territorial jurisdiction as the Chairperson may decide.
(7) No
act or proceeding of an Environmental Tribunal shall be invalid by reason only
of the existence of vacancy in, or defect in the constitution of, the
Environmental Tribunal.
(8) The terms and conditions of service of
the Chairperson and members of the Environmental Tribunal shall be such as may
be prescribed.
21. Jurisdiction
and powers of Environmental Tribunals.–
(1) An Environmental Tribunal shall exercise such powers and perform such
functions as are, or may be, conferred upon or assigned to it by or under this
Act, or the rules and regulations made thereunder.
(2) All
contravention punishable under sub-section (1) of section 17 shall exclusively
be triable by an Environmental Tribunal.
(3) An
Environmental Tribunal shall not take cognizance of any offence triable under
sub-section (2) except on a complaint in writing by–
(b) any aggrieved person, who has given notice of
not less than thirty days to the [84][Provincial Agency] of the alleged contravention and of his
intention to make a complaint to the Environmental Tribunal.
(4) 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).
(5) 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).
(6) In
all matters with respect to which no procedure has been provided for in this
Act, the Environmental Tribunal shall follow the procedure laid down in the
Code of Civil Procedure, 1908 (Act V of 1908)
(7) An
Environmental Tribunal may, on application filed by any officer duly authorized
on this behalf by the Director-General of the [85][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 sub-section (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.
(8) 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, 1860 (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).
(9) 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.
(10) Where the Environmental Tribunal is satisfied
that a complaint made to it under sub-section (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.
22. Appeals
to the Environmental Tribunal.– (1) Any person aggrieved by any order or direction of
the [86][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.
(2) An appeal to the Environmental
Tribunal shall be in such form, contain such particulars and be accompanied by
such fees as may be prescribed.
23. Appeals
from orders of the Environmental Tribunal.– (1) 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.
(2) An appeal under sub-section (1)
shall be hard by a Bench of not less than two Judges.
24. Jurisdiction
of Environmental Magistrates.–
(1) 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 sub-section (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.
(2) An
Environmental Magistrate shall be competent to impose any punishment specified
in sub-sections (2) and (4) of section 17.
(3) An
Environmental Magistrate shall not take cognizance of an offence triable under
sub-section (1) except on a complaint in writing by–
(b) any aggrieved person.
25. Appeals from
orders of Environmental Magistrates.–
Any person convicted of any contravention of this Act or the rules or regulations
by an Environmental Magistrate may, within thirty days from the date of his
conviction, appeal to the Court of Sessions, whose decision thereon shall be
final.
[88][26. Power to delegate.– The Government may, by
notification in the official Gazette, delegate any of its or of the Provincial
Agency’s powers or functions under this Act, the rules or the regulations to
any Government Agency, local council or local authority.]
[89][27. Power to give directions.– In the performance of its
functions, the Provincial Agency shall be bound by the directions given to it
in writing by the Government.]
[90][28. Indemnity.– No suit, prosecution or other
legal proceedings shall lie against the Government, the Council, the Provincial
Agency, the Director General of the Provincial Agency, members, officers,
employees, experts, advisors, or consultants of the Provincial Agency or the
Environmental Tribunal, an Environmental Magistrate or any other person for
anything which is in good faith done or intended to be done under this Act or
the rules or the regulations.]
29. Dues
recoverable as arrears of land revenue.– Any dues recoverable by the [91][Provincial Agency] under
this Act, or the rules or regulations made thereunder shall be recoverable as
arrears of land revenue.
30. Act to
override other laws.– The provisions of this Act shall
have effect notwithstanding anything inconsistent therewith contained in any
other law for the time being in force.
31. Power to make
rules.– The [92][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.
32. Power to
amend the Schedule.– The [93][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.
33. Power to make
regulations.– (1) For carrying out the purposes
of this Act, the [94][Provincial Agency] may, by notification in the official
Gazette and with the approval of the [95][Government], make regulations not inconsistent with the
provisions of this Act or the rules made thereunder.
(2) In
particular and without prejudice to the generality of the foregoing power, such
regulations may provide for–
(a) submission of periodical reports, data or
information by any Government Agency, local authority or local council in
respect of environmental matters;
(b) preparation of emergency contingency plans for
coping with environmental hazards and pollution caused by accidents, natural
disasters and calamities;
(c) appointment of officers, advisors, experts,
consultants and employees;
(d) levy of fees, rates and charges in respect of
services rendered, actions taken and schemes implemented;
(e) monitoring and measurement of discharges and
emissions;
(f) categorization of projects to which, and the
manner in which, section 12 applies;
(g) laying down of guidelines for preparation of
initial environmental examination and environmental impact assessment and
development of procedures for their filling, review and approval;
(h) providing procedures for handling hazardous
substances; and
(i) installation of devices in, use of fuels by,
and maintenance and testing of motor vehicles for control of air and noise
pollution.
34. Repeal,
savings and succession.– (1) The
Pakistan Environmental Protection Ordinance, 1983 (XXXVII of 1983) is hereby
repealed.
(2) Notwithstanding
the repeal of the Pakistan Environmental Protection Ordinance, 1983 (XXXVII of
1983), any rules or regulations or appointments made, orders passed,
notifications issued, powers delegated, contracts entry 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.
Schedule
(See section 31)
1. International Plant Protection Convention,
Rome , 1951.
2. Plant Protection Agreement for the
South-East Asia and Pacific Region (as amended), Rome ,
1956.
3. Agreement for the Establishment of a
Commission for Controlling the Desert Locust in the Eastern Region of its
Distribution Area in South-West Asia (as amended), Rome, 1963.
4. Convention
on Wetlands of International importance Especially as Waterfowl Habitat,
Ramsar, 1971 and its amending Protocol, Paris, 1982.
5. Convention Concerning the Protection of
World Cultural and Natural Heritage (World Heritage Convention), Paris , 1972.
6. Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES), Washington ,
1973.
7. Convention on the Conservation of
Migratory Species of Wild Animals, Bonn , 1979.
8. Convention on the Law of the Sea, Monte go
Bay, 1982.
9. Vienna
Convention for the Protection of the Ozone Layer, Vienna ,
1985.
10. Montreal Protocol on Substances that Deplete
the Ozone Layer, Montreal , 1987 and amendments
thereto.
11. Agreement on the Network of Aquaculture
Centres in Asia and the Pacific, Bangkok ,
1988.
12. Convention on the Control of Transboundary
Movements of Hazardous Waste and Their Disposal, Basel ,
1989.
13. Convention on Biological Diversity, Rio De Janeiro , 1992.
14. United Nations Framework Convention on
Climate Change, Rio De Janeiro , 1992.
[1]This Act of Parliament
received the assent of the President on 3 December 1997, and was published in
the Gazette of Pakistan, Extraordinary, dated 6 December 1997.
This Act was originally in the
Federal ambit, however, the subject on which this law was enacted devolved to
the provinces by virtue of 18th Amendment in the Constitution, hence it was
adapted, with amendments, for the province of the Punjab by the Punjab
Environmental Protection (Amendment) Act 2012 (XXXV of 2012).
[2]Substituted for the word
“Pakistan” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of
2012).
[4]Substituted for the word
“Pakistan” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of
2012).
[10]Substituted for the words “Federal
Government or a Provincial Government” by the Punjab Environmental Protection
(Amendment) Act 2012 (XXXV of 2012).
[15]Substituted for the word
“National” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of
2012).
[21]Substituted, for the words
“Federal Government” by
the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012).
[44]Substituted for the words “Federal
Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of
2012).
[45]Substituted for the words “Federal
Government” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV
of 2012).
[51]Section 8“Establishment, powers and
functions of the Provincial Environmental Protection Agencies” omitted ibid.
[55]Substituted for the word
“National” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of
2012).
[60]Substituted for the words “Federal
Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of
2012).
[66]Substituted for the words “Federal
Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of
2012).
[71]Substituted for the words “Federal
Agency or Provincial Agency” by the Punjab Environmental Protection (Amendment)
Act 2012 (XXXV of 2012).
[76]Substituted for the words and
commas “Federal Agency or, as the case may be, Provincial Agency” by the Punjab
Environmental Protection (Amendment) Act 2012 (XXXV of 2012).
[77]Substituted for the words “Federal
Agency or of a Provincial Agency” by the Punjab Environmental Protection
(Amendment) Act 2012 (XXXV of 2012).
[80]Substituted for the words “Federal
Government” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV
of 2012).
[83]Substituted for the words “Federal
Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of
2012).
[86]Substituted for the words “Federal
Agency or any Provincial Agency” by the Punjab Environmental Protection
(Amendment) Act 2012 (XXXV of 2012).
[87]Substituted for the words and
comma “Federal Agency, Provincial Agency”, by the Punjab Environmental
Protection (Amendment) Act 2012 (XXXV of 2012).
[91]Substituted for the words “Federal
Agency or Provincial Agency” by the Punjab Environmental Protection (Amendment)
Act 2012 (XXXV of 2012).
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