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PAKISTAN ENVIRONMENTAL PROTECTION

ACT, 1997

Sections

CONTENTS

 

Preamble

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.

 

SCHEDULE



PAKISTAN ENVIRONMENTAL PROTECTION

ACT, 1997
XXXIV OF 1997

6th 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 may be called the Pakistan Environmental Protection Act, 1997.
(2) It extends to the whole of Pakistan.
(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) “agricultural 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, odour, light, electro-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;
(v) “Council” means the Pakistan Environmental Protection Council established under section 3;
(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 microorganism 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 Federal Agency or a Provincial Agency for emission of air pollutants and noise and for discharge of effluents 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;
(xiv) “Exclusive Economic Zone” shall have the same meaning as defined in the Territorial Waters and Maritime Zones Act, 1976 (LXXXII of 1976);
(xv) “Factory” means any premises in which industrial activity is being undertaken;
(xvi) “Federal Agency” means the Pakistan Environmental Protection Agency established under section 5, or any Government Agency, local council or local authority exercising the powers and functions of the Federal Agency;
(xvii) “Government Agency” includes”
(a) a division, department, attached department, bureau, section, commission, board, office or unit of the Federal Government or a “Provincial Government;
(b) a developmental or a local authority, company or corporation established or controlled by the Federal Government or Provincial Government;
(c) a Provincial Environmental Protection Agency; and
(d) any other body defined and listed in the Rules of Business of the Federal Government or a Provincial 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 waste, and includes hospital waste and nuclear waste;
(xx) “historic waters” means such limits of the waters adjacent to the land territory of Pakistan as may be specified by notification under section 7 of the Territorial Waters and Maritime Zones Act, 1976 (LXXXII of 1976);
(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 Federal Government or a Provincial 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 from abattoirs, sludge and human excreta and the like;
(xxix) “National Environmental Quality Standards” means standards established by the Federal Agency under clause (e) of subsection (1) of section 6 and approved by the Council under clause (c) of subsection (1) of section 4;
(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, cooperative 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;
(xxxiv) “prescribed” means prescribed by rules made under this Act;
(xxxv) “project” means any activity, plan, scheme, proposal or undertaking involving any change in the environment and includes-
(a) construction or use of buildings or other works;
(b) construction or use 6f 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;
(xxxvii) “provincial Agency” means a Provincial Environmental Protection Agency established under section 8;
(xxxviii) “regulations” means regulations made under this 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 National Environmental Quality Standards, emission standards and other standards established under this Act and the rules and regulations made thereunder;
(xlii) “sustainable development” means development that meets the needs of the present generation without compromising the ability of future generations to meet their needs;
(xliii) “territorial waters” shall have the same meaning as defined in the Territorial Waters and Maritime Zones Act, 1976 (LXXXII of 1976);
(xliv) “vessel” includes anything made for the conveyance by water of human beings or of goods; and
(xlv) “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 Pakistan Environmental Protection Council.-(1) 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. Chairperson.

(ii) Minister in charge of the Ministry or Division dealing with the subject of environment. Vice-Chairperson

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