ENVIRONMENTAL LAW IN PAKISTAN : A Short Client Guide

Our team at Josh and Mak International are experts in all the technical aspects of environmental law including toxicology, epidemiology, hydrogeology, biology and engineering. Several of our lawyers have also had formal technical training in the area of environmental science. In addition, we consult on a regular basis with environmental analysts, both in-house and outside of the firm. We also draw on the multidisciplinary resources of the attorneys in our extended law. This expertise has seen us playing an important role in some of the most complex and influential cases of recent times.

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Josh and Mak International is a leading name in the provision of civil law services to citizens, companies, local authorities and government bodies. Services in this field are provided, in particular, in civil, labour and family law relationships. Thanks to their long experience in this field, some of our lawyers lecture and published respected articles on the subject. Our law firm provides all its clients with both advice and comprehensive solutions. We drafts legal documents, contracts dealing with legal relations between clients and agreements which settle disputed issues, and we strive to always always find the best solution for the client and which gives him the greatest legal assurity. Some of our lawyers specialize in the environmental branch of property, and this accounts for the many real estate agents we have among our clientele. We provide them with such legal services as conveyancing and those agreements which resolve relations between property owners. As such relations are very wide ranging, our lawyers skills are constantly being updated and perfected to ensure that we keep our finger on the pulse and you always get the most up to date and pertinent information.

PAKISTAN ENVIRONMENTAL LAWS

Pakistan Environmental Protection Act, 1997

The Pakistani Environmental Protection Act of 1997 forms the basic foundation of Pakistani Environmental law. Pakistan Environmental Protection Council is the top body that the 1997 Pakistani Environmental Protection Act established. As such, the Pakistan Environmental Protection Council mandate includes the implementation of the Pakistan Environmental Protection Act of 1997 as well as establishing national policies related to environment and ensuring they’ve been implemented, approving National Environmental Quality Standards while offering direction on renewable, bio-diversity and non-renewable conservation, considering the yearly report on the national environment on top of stopping individuals from contravening the 1997 Pakistan Environmental Protection Act.

The Pakistan Environmental Protection Agency existence is founded within the Pakistan Environmental Protection Council and has a Director General heading it. The Director General is given the authority to establish advisory committees as required to help him carry out his duties. Section six of the 1997 Environmental Protection Act details the functions while the powers are clearly put in Section Seven.

Apart from the Pakistan Environmental Protection Council functions, the Pakistan Environmental Protection Agency has different functions, including administering and implementing the Pakistan Environment Protection Act of 1997, ensuring ambient air emission discharge standards have been established, as well as soil and water, coordinating programs and policies related to the environment internationally and nationally, designating laboratories where analysis and tests are conducted on behalf of Pakistan Environmental Protection Act of 1997 and identifying legislation needs within the field of environment, recommending topics and courses on environment to be incorporated in various syllabi as well as having guidelines in place for prevention of accidents that could pollute the environment. Pakistan Environmental Protection Agency is allowed to investigate and inquire.facebook_1439409443109

The Pakistan Environmental Protection Agency is given the power to arrest persons without warrant if found or reasonably suspected of being involved in any offence as stipulated by the Pakistan Environmental Protection Act of 1997. The Pakistan Environmental Protection Agency can search, enter, inspect premises, vessels and vehicles without warrant, and seize any document, substance, vehicle, equipment, machinery or plant. The Pakistan Environmental Protection Agency has the power to enforce summons and attendance of anyone and may issue Environmental Protection Order to individuals after presenting them equal opportunities of being heard after they’ve contravened any Pakistan Environmental Protection Act of 1997 provision as indicated in Section 19. The Order can include direction halting the contravention, restoring the environment to its previous condition before the contraventions or replacing, altering or installing equipment to control or eliminate the contravention. If there’s non-compliance, the Pakistan Environmental Protection Agency is allowed to take other measures and later recover the cost involved to undertake such measures from the contravening individual.

Provinces shall also have Environmental Protection Agencies. The 1997 Pakistan Environmental Protection Act demands that:

  • persons as well as companies under its prohibitions and regulations not to emit or discharge noise, waste or air effluent and pollutants that flout the National Environmental Quality Standards.
  • project proponents shall not go ahead with operations constructions before filing with the Pakistan Environmental Protection Agency a report on environmental assessment as per the area’s sensitivity or indicating where the project’s impact would be on the environment.
  • individuals shouldn’t have waste disposed on highways, public land or local council administered or owned land, unless this is done according to the Pakistan Environmental Protection Act of 1997.
  • no individual should import into the country lethal waste as clearly described by the 1997 Pakistan Environmental Protection Act. Also no persons are allowed to operate or use motor vehicle emitting noise or air pollutants whose concentration, level or amount is against the National Environmental Quality Standards.

Contravention of the Pakistan Environmental Protection Act of 1997 provisions is punishable with up to 5 (five) years imprisonment or fine to a maximum of Rupees 1,000,000 or both fine and imprisonment as indicated in Section 20. If the offense is carried out by a company, each of the CEOs (Chief Executive Officers) including the company shall be reckoned guilty of the contravention as well. Government Agencies to Local Authorities are not excused and action against them can be taken for contravention.

Environmental Tribunals can also be constituted by the Government to hear Pakistan Environmental Protection Act of 1997’s cases that relate to it. Cases may only be heard by The Tribunal once complaints are made and in written form by the Pakistan Environmental Protection Agency, aggravated persons or a local council who’ve to notify the Pakistan Environmental Protection Agency for a minimum of 30 (thirty) days about the offense as well as the intention to formally lodge a complaint with the Tribunal. Appeals under Section 25 from the Pakistan Environmental Protection Agency can also be heard by the Tribunal. The High Courts hears the Tribunal’s appeals as per Section 26.

The Pakistan Environmental Protection Act of 1997 provisions overrules all other laws, meaning the provisions have effect despite inconsistencies in other laws when the Act is still in force as per Section 33.

Also, The Federal Government might through an Official Gazette notification come up with rules for executing the intentions of the Pakistan Environmental Protection Act of 1997, including implementation rules of the International Environmental Agreements indicated in the Act’s schedule. In the execution of the Act’s purposes, notification may be done in the Official Gazette by the Federal Agency with the Federal Government’s approval coming up with regulations that are not inconsistent with the Act’s provisions or rules made courtesy of Sections 31 and Section 33.

            Pakistan Environmental Protection Act of 1997 Implementation

As per the Government of Pakistan international commitments in different treaties and conventions it has ratified or signed, the Government is bound to environmental protection. The Pakistan Environmental Protection Act of 1997 is mandated to transform the commitments into programs that the industrial establishments have to comply with. Where the commitments aren’t complied with the result might be loss of financial aid, popularity or credibility internationally.

However, PEPC (Pakistan Environmental Protection Council), top body with the responsibility of protecting the environment has not met annually for a number of years even with the law requiring the body to hold meetings twice every year. The irregularity of meetings is due to the body’s executive structure as stipulated under the Pakistan Environmental Protection Act of 1997. In the Act, the PEPC Chairperson is the Prime Minister who has the mandate of performing diverse critical functions of the State. For this to be overcome, it’s suggested that the Environment Minister be elevated to the Chairperson for the meetings to be held normally as required by the law.

The program of pollution protection can be subdivided into Existing and Prospective Activities. The Pakistan Environmental Protection Act of 1997 has addressed each of these activities in Section Four (4) (f) and Section 8. In Section 4(f) of the Act, PEPC is required if necessary to take appropriate measures for the control of pollution brought about by any industry, department or agency. Towards controlling the pollution from different prospective actions, each project’s proponent has to file an EIS (Environmental Impact Statement) with the Provincial Environmental Protection Agency as well as the Pakistan Environmental Protection Agency.

Controlling pollution from ongoing activities requires that NWQSs (National Environmental Quality Standards) be established in all industries, and PEPC has to meet for this purpose. At the same time, Section 4(f) powers are general and indistinct in themselves and for them to be translated into action they need to be clearly specified.

To accomplish the environmental Protection goal, three critical steps have to be executed. They include:

  1. Creating public awareness concerning the environmental with people educated on the purchase of equipments and their usage in environmental protection. This requires that industries be offered a grace period.
  2. Environmental protection policy change being accompanied by appropriate incentives.
  3. Due to environment’s curative protection being expensive than preventive environmental protection it’s important for the environmental control of continuing activities to accompany fiscal incentives like installation subsidies of effluent treatment plants and cleaning equipment, tax amendment and structure of tariff favouring clean industries.

For pollution of prospective activities to be controlled, Pakistan Environmental Protection Act (PEPA), 1997 Section 8 controls the launch of polluting installations. As PEPA requires, EIS submission ensures there are disposal efforts of effluents while noting the cost this has on the environment as carried out by the prospector.

Courts in Pakistani are now admitting environmental issues cases, indicating that polluters will begin bearing grave civil damages soon.

As per the PEPA, 1997, refusing to submit EIA leads to some punishment of either imprisonment or fine or both. However, the penalty is considered too lenient. For effective implementation of the provision, it’s important for a project to either be rejected or modified. In addition, PEPA should have expert technical help to educate its staff to be able to do a thorough EIS analysis.

Pakistan Environmental Protection Act, 1997 Promulgated Regulations and Rules

Under the PEPA, 1997 regulations and rules have been given. They include the following.

Rules

  • National Environmental Quality Standards (Industries own reporting and self-monitoring) Rules of 2001
  • Provincial Sustainable Development Fund (Procedure) Rules of 2001
  • Pakistan Sustainable Development Fund (Utilization) Rules of 2001
  • Pollution charge for Industry (Collection & Calculation) Rules of 2001
  • Environmental Tribunal Qualifications and Procedures Rules of 2002
  • Environmental Samples Rules of 2001
  • Hazardous Substances Rules of 2000

Regulations

  • EIA/IEE Regulations Review of 2000
  • National Environmental Quality Standards (Environmental Laboratories Certification) Rules of 2000

Regulations and rules outline applicable for operations of offshore petroleum

National Environment Quality Standards (Reporting and Self-monitoring by Industry) Rules of 2001

As per the PEPA, 1997 (Pakistan Environmental Protection Act, 1997), the following are the critical rules that prescribe the industry’s limits of pollution.

Through the rules, a reporting and self monitoring honour-based system is established. The most important is Rule 3 or National Environmental Quality Standards for Self-monitoring in addition to Reporting by the Industry of 2001 that obligates all industries to have their Environmental Monitoring Reports submitted to the Federal Environmental Agency correctly and timely.

In Rule 4, categorisation of industrial units has been done into A, B and C. A or B categorises gaseous emissions while liquid effluents are categorised in C. Category A has the industries considered most polluting and are required to have their thirty-day reports sent electronically to their relevant Provincial EPA and Federal EPA.

Industries considered to be less pollutant are categorised in B and required to submit quarterly report to the Federal EPA and their particular Provincial EPA. Category C contains industries deemed the most pollutant, which are required to prepare bi-annual reports as required to submit them as per Rule 5, Rule 6 and Rule 7. Gaseous emissions are classified under Schedule II and liquid effluents under Schedule I. Schedule III to V indicates category A to C parameter.

Rule 8 requires “Special Industry” for large industrial classification, which has to be submitted to the Environmental Monitoring Reports as frequently requested by the Director General or parameters in place.

Rule 9, on the other hand, clearly indicates the Environmental Monitoring Report contents covering Gaseous Emissions Monitoring Report and the Liquid Effluents Monitoring Report including a Cover Sheet as per the forms elaborated in Schedule IV.

Priority parameters measurements shall be done via the independent certified laboratories test reports. Under Rule 9 it’s imperative for the Environmental Monitoring Reports to have the attested tests results.

As per Rule 10, analysis, sampling and testing of the gaseous emissions, wastes and effluents has to conform to the Environmental Sample Rules provisions.

Rule 12 Shows the Environmental Monitoring Reports objective where the compilation and analysis of the data is done by the Federal Agency towards enforcing National Environmental Quality Standards.

The Industrial Pollution Charge (Collection & Calculation) Rules of 2001

As per the Rules, it’s the role of the industrial unit to make sure correct reporting, payment and calculation of charges related to pollution has been done. The Inspection has to be established by the Director General mandated to determine the industrial unit’s level of pollution annually on the bare minimum, as well as the allowed exception for received water for the Industrial unit.

The industrial unit’s production unit for pollution units is used as the pollution charge calculation basis. Generally the calculation of the pollution charge is done through the multiplication of the level of pollution with the real production within the period when the charge is payable, while the pollution unit rate is applicable yearly. The pollution charges are biannually payable as per the real production in the last six months. A receipt’s copy has to be submitted to the provincial EPA by the industrial unit. In case the pollution units have reduced by 80 percent, the industrial unit can apply for its pollution level to be determined by the provincial agency. On the other hand, if the Director General is led to believe the real units of discharged pollution by an industrial unit happen to be 20 percent and above of what the Inspection Team has determined he might ask the Inspection Team to predetermine the industrial unit’s pollution level.

Pollution Charge Formula

Pollution Charge (RS) =(C – S) x RxD x F

                                         Ux1000

Where:

C= Effluent/Emission Pollution concentration (mg/Laws)

S= Pollutants NEQS

R=Flow Rate (m3 / Day)

D=Total year/days operating number

U=Pollutant Unit (kgs)

F=Fee (Rupees) per Pollution Unit

The total charge for pollution payable by the industry is the pollution charge’s sum total for all the present pollutants (surplus of NEQS) in emission or effluents an industry discharges.

Gaseous Emissions Pollution Units

Carbon Monoxide (C) -400 kilograms

Particulates (Coal and other sources)-250 kilograms

Sulphor (Sox) (NOx) and Nitrogen Oxides-200 kilograms

Oil Particulates-50 kilograms

Cement Particulates-100 kilograms

Effluents Pollution Units

TSS, COD-50 kilograms

Oil & Grease-3 kilograms

Copper-1000 kilograms

Nickel, Chromium and Lead-500 kilograms

Pesticides, Cadmium and Herbicides-100 grams

Mercury-20 grams

Units of Pollution

         Pollutant quantity defined as a single unit of pollution indicates the pollutant’s comparative toxicity and its level of environmental damage.

                     COD Single Pollution unit-50 kilogram

                    TSS Single Pollution unit-50 kg

         Oil & Grease Single Pollution unit-3 kilogram

Pollution Level

  • Annually determined
  • Inspection Team are to determine
  • Self-monitoring types of reports can be used to figure out Pollution Charge
  • Negotiation process to establish the charge of pollution level
  • Impact need to be felt by the industry but not too much to jeopardise the industry’s financial muscle.

Procedure of Calculation

The following need to be known:

  • Concerned parameters Actual NEQS values
  • Unit’s Effluent flow
  • Unit’s production
  • Total number of yearly operating days

Example:

Generation of waste water per day-1000 M3

Production per day-50 kilogram of medicine A

Working days-300

COD NEQS Actual Value- TSS Actual Value 1150NEQS-800

COD Charge value NEQS-1000

TSS Charge value NEQS -650

Flow of Effluent (M3)-1000 by 300 = 300,000

Annual Pollution Load (kilogram)-Charge value of pollutant (x) effluent flow

                                                                  1000

Annual Pollution load (kilogram) COD-1000 (x) 300,000 = 300,000

                                                                  1000

Annual Pollution load (kilogram) TSS-650 (x) 300,000 = 195,000

                                                                  1000

COD Chargeable unit-Annual Pollution load of COD

                                   COD Single pollution unit

COD Chargeable unit-300,000 =6000

                                     50

TSS Chargeable unit=195,000 =3900

                                       50

Net Chargeable Units-6000 + 3900=9,900

Allow base rate/

Unit of Pollution-Rupees 100

Total Pollution charge-990,000

Pollution Charge per day-99,000=3300

                                          300

Pollution charge per kilogram of Manufactured medicine A-3300/50=Rupees 66

Pollution charge payment

   biannually billed as per actual production

within the previous six months

   due in conformity with the schedule of escalation

Rule 8 stipulates that Industrial units have to bear all manner of incurred expenditure used to determine pollution with the fee prescribed. Collection of pollution charge can be done via the Chambers of Commerce and industry as well as an Industrial Association where possible from a member.

The provincial and federal Chambers of Industry and Commerce are mandated to supervise the pollution charge payment by the Industrial unit while a monthly report to the Board has to be submitted indicating the total pollution charge amount collected with receipts to prove it provided.

Environmental Tribunal Rules of 1999

Towards resolving disputes related to issues of environment the 1999 Environmental Tribunal Rules were issued. The Tribunal has a Chairperson plus other members. Essentially, terms of their offices cannot be more than 3 (three) years. Nonetheless, the Tribunal members removal from office can be done just like in the process of removing High Court judges.

The conditions and terms relating to their office have been indicated in Section 4 and Section 3. The Tribunal function and power according to Section 7 can be carried out by a Bench with the Tribunal’s language being English, although regional languages are allowed with the Tribunal’s permission.

The Tribunal in trying the various offences before it must follow the Criminal Procedure code of 1898. The order copies of the Tribunal have to be sent to the concerned parties, including the Provincial Environmental Protection Agencies and the Federal Environment Protection Agency Direction Generals. The proceedings of the Tribunal have to be disposed within two months or 60 (sixty) days. The appellant shall send the Registrar the prescribed fees and document copies that have been relied, the impugned order copy and the appeal itself. The Tribunal proceedings generally have to be open.

Environment Sample Rules of 2001

In essence, the 2001 Environmental Sample Rules control the procedure in place that the environmental laboratories use to get tests, analysis and samples from Industrial units, including the procedure of the trial for flouting the provisions of the Environment Sample Rules.

The Environmental Sample Rules of 200’s Rule 4 manages the inspection and entry procedure of industrial units. The Rule stipulates that the inspecting officer is required to record to prove reasons making him believe offences have been committed as indicated by the PEPA, 1997. Authorised individual within these Rules by the Director General may request or seek diverse assistance, although Rule 3 conditions the assistance of the police where the Environmental Magistrate or Environmental Tribunal has to approve first.

The authorised individual can inspect, enter and examine any machinery and place towards ascertaining the commission of any offence. The individual can also take into custody through signed receipt any article believed to have been critical in committing the offence or one that might be used as evidence in relation to the offence. Nevertheless, Rule 4 indicates such power has to be used only with prior permission. A similar requirement is also in place for searching for articles as indicated in Rule 5. After the authorised person has made the application, the Environmental Magistrate or Environmental Tribunal will issue the search warrant that also specifies the place and article that needs searching. If there’s resistance to enter the place in question the authorised individual is allowed to break the gate, door, lock or any other barrier.

As per Rule 6, the authorised individual upon being satisfied of non compliance with the demand for Samples should seek the issuance of the Environmental Protection Order by requesting the Federal EPA Director General to start proceedings as indicated in Section Sixteen (16) of PEPA, 1997.

In Rule 7, the packing and taking of the samples is well set out. The Samples, in three well divided portions, divided in the presence of the owner, are kept and taken in sanitary containers. For secrecy to be maintained and leakage prevented, effective measures have to be taken, which include packing and labelling containers in cloth and having them sealed. Under Rule 8, the way the samples are dispatched is well defined. One sample portion together with the notice need to be handed to the individual to whom it was collected from while another portion, once it has been well packed, labelled and sealed together with a forwarding letter, should be sent for testing and analysing to the environmental laboratory within 48 (forty eight) hours of being received. The third sample portion should be kept by the individual authorised for any future testing and analysis.

Under Rule 10 the detailed procedure for samples analysis and testing is clearly detailed. Here, the Chief Analyst receives the parcel with the sample and has to compare the parcel seals with the impression of the specimen to note the seal’s condition. The Chief Analyst then determines if the sample has conformed or not to the National Environmental Quality Standards. Analysis results should then be sent to the authorised person by the Chief Analyst in 30 (thirty) days of receiving the sample in triplicate form. As a result, the authorised individual is mandated to send one of the original certificate to the owner of the sample where it was obtained from, the second one to the Environmental Magistrate or Environmental Tribunal to help in legal proceedings, if the need be, and the third certificate should be retained by the authorised person for record.

Under Rule 11, the value of the environmental laboratory certificate as evidence is clearly indicated. The individual whom the authorised person collected the sample from on producing the certificate in any kind of legal proceedings may provide written notice to contest mentioned results within the certificate to the authorised individual. Upon the accused cost and request the Chief Analyst can also be summoned to provide evidence related to the certificate.

In Rule 12, if Section 11(eleven) of the PEPA, 1997 has been contravened the authorised person having seen the certificate may lodge complain by filing a forwarding letter and original certificate against the individual responsible with the Environmental Tribunal. In addition, Environmental Sample Rules of 2001’s Rule 13 allows the authorised person to make an application to the Environmental Tribunal to have expenses and costs of analysis, tests of the samples as well as the prosecution reimbursed.

Private persons are also given the right to make application for samples to be analysed as per Rule 16, although the cost of analysis and test is his if the application is approved. Nonetheless, where the sample is found not conforming to the National Environmental Quality Standards the applicant’s deposited money has to be refunded.

Federal Agency Review of Pakistan Environmental Protection of the Initial Environmental Examination and Environmental Impact Assessment Regulation of 2002

In these regulations, the projects requiring EIA (Environmental Impact Assessment) and IEE (Initial Environmental Examination) are enlisted in both Schedule I and Schedule II. The projects proponent is required to file with Federal EPA the EIA or IEE (according to regulations 3 and 4) as well as the prescribed fee as per the case. The EIA and IEE is then prepared as per the guidelines in Regulation 6 of Federal EPA.

Regulation 9 indicates that the EIA and IEE preliminary scrutiny has to be completely done in 10 (ten) working days once the EIA and IEE filing has been done. The proponent has to comply with the objections in case there’s any while providing extra information that may be requested by the Federal EPA.

Public comments and the concerned department of government on a project’s EIA including the project itself are invited via a notice that mentions the proponent’s name, location of a project and the project itself in newspapers as fitness confirmation is being done as elaborated in Regulation 10. Received comments are organised and collected in tabular manner. The period of review for EIA is 90 (ninety) days while IEE’s is 45 (forty-five) by the Federal EPA as per Regulation 11. This can be extended according to Regulation 15 within which the Committee of Experts the Federal EPA’s DG has constituted have to be consulted. The review is founded on the data or information the proponent, public comments, Expert Committee and Government agencies have furnished. The project should be according to the approval conditions in case the EPA has issued it. If the conditions are approved the proponent should accept the condition and written compliance confirmation of the indicated conditions; before going on with the project compliance should be obtained from the Federal EPA by the proponent. The written compliance confirmation request has to be accompanied by an EMP (Environmental Management Plan) pointing out measures that have to be engaged to have the environmental impacts mitigated as well as the project’s system of auditing, reporting and monitoring. The approval is allowed to go on for 3 (three) years as indicated by Regulation 16.

With the regulations, any Federal EPA staff authorised is permitted to continue with an inspection at any point in time to verify compliance with the EIA or IEE even as the proponent is supposed to fully corporate with the staff doing the inspection from the Federal EPA under Regulation 17. Submission of a yearly report by the proponent has to be done, including project completion report plus other information the Federal EPA might require under Regulation 19 time to time.

If the approval conditions aren’t complied with, the EIA or IEE approval could be cancelled after cause notice has been shown and the failure of the proponent to assure the Federal EPA.

Regulation 21 requires the Federal EPA to specify within the official gazette the sensitive environmental areas that the EIA has to be filed for any kind of project. The sensitive environmental areas under EIA have to be prepared as per the Federal EPA’s issued separate guidelines.

Regulation 22 requires the Federal EPA DG to constitute an Environmental Assessment Advisory Committee to advice on various environmental assessment aspects.

National Environmental Quality Standard (Environmental Laboratories Certification) Regulation of 2001

As per these Regulations, the procedure for certificate applications is prescribed, including their grant and scrutiny as well as the functions and conditions that an environmental laboratory has. The Regulations function is to establish environmental laboratories check for safety reasons. With Regulation 3, analysing and testing of samples of soil, water and air effluents is the work of the environmental laboratory that seeks to find out if there’s compliance with the National Environmental Quality Standards and also has to measure the emitted noise by a vehicle or industrial unit. For certification to be done and approve it as an environmental laboratory it’s required that the laboratory be located in an area that’s clean or a place that clearly cannot affect adversely the environmental laboratory’s tests. The environmental laboratory shall be housed within a suitable building to be used as such.

The laboratory should have experienced, technical and qualified staff in place as well as appropriate equipment to use in analysing and also have a scientific comprehensive system installed for results and tests reporting.

After the recommendations and inquiry of the Committee and the Federal EPA is convinced the environmental laboratory has fulfilled all the requirements the Federal EPA can certify the lab as an environmental laboratory.

Regulation 11 indicates that without a Federal EPA certificate the lab cannot function or exist as an environmental laboratory. The Federal EPA even after having issued the certificate has to keep the laboratory under its supervision. It’s allowed to revoke or suspend a certificate that violates the regulations’ provisions or the certificate conditions. Cancellation of the certificate can be done in case the laboratory has ceased performing all or any of its mandated functions or has issued a false lab report.

5.1.4 Pakistan Environmental Protection Act, 1997 Regulatory Provisions

Pollution control provisions

PEPA, 1997 in Sections 11, 13, 14 and 15 contains the main four provisions that relate to control of pollution.

  • In Section 11, emission and discharge of waste or effluent of air or noise pollutant exceeding the National Environmental Quality Standard (NEQS) is prohibited, or even the establishment of ambient land, water or air standards.
  • Section 13 contains a blanket and absolute hazardous waste import prohibition. The Section bars all proposals for hazardous waste import for permanent dumping or reprocessing.
  • Section 14 contains the prohibition of hazardous substances handling unless done in accordance with international or local law agreements or under licence.
  • Section 15 contains the prohibition of motor vehicles operation that emits noise or air pollutants exceeding the NEQS or ambient established standards. The diluting of emissions of gasses to bring them to a level acceptable or within NEQS acceptable level is not allowed through the excess blowing or mixing of air before being emitted into the surroundings.

5.1.5 EAs (Environment Assessments)

PEPA, 1997 details a two-stage process of environmental screening. In Section 12 of PEPA, 1997 there’s no project’s proponent who shall commence operation or construction if they’ve not filed an IEE (Initial Environmental Examination) with the right EPA, or an EIA (Environmental Impact Assessment) in case the project would likely bring an adverse impact on the environment in an area deemed sensitive, provided by the EPA as a part of the project’s approval.

The EPA concerned is mandated to review the IEE and approve it accordingly or request an EIA submission by the concerned proponent or do an EIA review and approve it subject to certain conditions it might find fit to impress. It can also demand the EIA to be resubmitted once modifications stipulated have been done or simply reject the project for going against environmental objectives indicated in the PEPA, 1997’s Section 12.

Environment Assessment instructions and guidelines for filing are clearly specified.

IEE as well as EIA if justified are required prior to the commencement of any “project”. The requirements apply to the project’s categories as set. In the “industrial activity” definition “development and exploration of gas and oil” have been included explicitly as covered plainly by PEPA, 1997.

Within the PEPA, 1997 none of the project’s proponents, including projects related to petroleum production and exploration shall continue operation or construction, unless an EIA that caters for cases deemed sensitive and an IEE for general cases have been filed with the Pakistan Environmental Protection Agency.

The concerned EPA can carry out any of these for EIAs:

  1. Include public participation where it considers suitable such as involving relevant NGOs, Fisheries Departments, residents of islands and coastal areas close by, fishermen among others.
  2. Recommend a project to be approved after it has met the conditions that the concerned EPA imposes.
  3. Have certain project modifications stipulated and then request a resubmission of the EIA.
  4. Have a project rejected in the interest of the objectives of the environment.

Unlike the Pakistan Environmental Protection Ordinance, 1983 IEEs, PEPA, 1997 hardly mentions the specifics contained in an EIA. Also, PEPA, 1997 hardly mentions the determiner of whether an EIA or IEE is required. With an IEE a basic review of foreseeable reasonable impacts is done, ascertaining if the activity will have any impact. The EIA on the other hand is a study needed if there’s an identified potential adverse impact and includes impact prediction, data, alternative comparisons, mitigatory measures and compensatory evaluation, environmental training formulation and plans management, monitoring recommendations and arrangements.

The EA (Environmental Assessment) identifies critical issues as well as their effects by an expert and professional team. Resolution of simple issues as well as mitigation measures within the IEEs is propositioned. Within an EIA, the identification of adverse complicated issues takes place, including the mitigating measures required together with the monitoring and management plan details. Donor agencies including the World Bank have the projects categorised as per the inference of its impact.

The EA process described in details follows, including the EA’s TOR (Terms of Reference); EAs report formats and flow chart Schemas indicating the EIA and IEE process.

EA Purpose:

-Ensures projects are sustainable and sound environmentally

-Ensures concerns of an environmental nature are fully considered within the process of planning

-Assist a country in environmental capability development

Process beneficiaries

-Developers

-Communities

-Decision makers

EA forms include:

-Sectoral or regional EA

-Project specific type of EA

 

EAs management

-Use of consultants

-Costs

-Timing

Environmental Screening

The categorisation and screening of projects is done in accordance to impacts they have and its significance. Such critical factors as magnitude, probability, importance and frequency aid in project categorisation. As a result of these factors, professional judgments and experience, World Bank and other Donor Agencies categorise the projects in various ways:

Category A

EIA (EA) is usually needed because the project could have significant and diverse effects on the environment.

Category B

IEE environmental analysis in a limited way is appropriate because the project could have certain impacts on the environment.

Category C

Normally environmental analysis is not necessary since the project under this category is not likely to bring about significant impact on the environment.

Category D

In this category the environmental projects doesn’t require separate EAs since the environment is the project preparation’s chief focus.

Environmental Scoping

-Purpose

-Identifying main issues the EA needs to address

-Determine requirements of data and identify key sources of data

-Identification of expertise and resources required

-Key issues identification

-Checklists use

-Past experience

-Environmental components consideration

Possible sources of data:

-Academic groups

-Government agencies

-Developer

-NGOs (Non-governmental organisations)

5.1.8    Criminal Procedure Code, 1898 Environmental Provisions

The Criminal Procedure of 1898 code in Chapter X caters for public related nuisance. Section 133 in the first section of the chapter covers conditional orders for combating public nuisance issues with enough powers.

No order with this section should remain enforced for over two months from the moment its made-exceptions include dangers to people, safety or health, likelihood of an affray or riot as notified in the official gazette by the Provincial Government.

Powers can also be invoked for preventive measures when safety, health or human life is threatened to quell situations in petroleum offshore facilities and well sites.

5.2       International Environmental Laws that Affect Offshore Petroleum Industry

As per their nature and source, environmental law affecting the petroleum industry can be classified into “soft law” type of principles, regional agreements and principal categories.

5.2.1    Major International Treaties

1958 Geneva Convention

The Geneva Convention of 1958 is a great starting point in the review of modern international law relevant to the operations of the petroleum industry, precisely the High Seas and Continental Shelf Convention. The 1958 Continental Shelf Convention has different provisions relating to the marine pollution prevention in offshore resource exploration that (a) precludes those operations carried offshore causing unjustifiable interference to normal marine activities as well as efforts of conservation (b) encourages member states to have safety zones of 500 metres established around the entirety of drilling platforms (c) calls all the member states involvement in undertaking all the appropriate actions for the protection of the sea’s living resources from lethal agents (d) indicates that the installations disused or abandoned need to be moved entirely. The High Seas Convention of 1958 also has a rather broad article within which every state has to come up with regulations for the prevention of seas pollution through pipelines oil discharge or discharge from oil exploitation and exploration.

London Dumping Convention of 1987

The 1972 London Convention is one of the attempts of protecting the environment. It has a significant environmental global application instrument not just in inland waters but also every marine area.

1973/1978 MARPOL

The MARPOL of 1973 is another critical International Act directed at the shipping industry as a whole, although directly impacts operations of offshore petroleum.

Law of the Sea 1982 Convention

The Law of the Sea Convention of 1982 has separate marine environmental safeguard chapter (Section XII), specifying comprehensively that states have to take proper measures to control, reduce and prevent marine environment pollution as far as marine environment pollution offshore control is concerned.

 

Climate Change Convention of 1992

One of the recent global conventions significant in the gas and oil industries is the Convention on Climate Change of 1992. The adoption of the convention was done against the global climate change background brought about by greenhouse gases emissions where fossil fuels, gas, oil and coal consumption make the largest contribution. Through the convention, the aim was stabilizing the atmospheric concentration of greenhouse gases at a level where prevention of lethal anthropogenic interference with climatic systems would be achieved. For the objectives to be achieved, all the parties in the convention were required to have come up with emission inventories nationally, implement and formulate regional and national mitigation measure programs while the EC and all developed nations were purposely obliged to come up with measures limiting the emission of greenhouse gasses at 1990 levels by the turn of year 2000.

Biodiversity Convention of 1992

The backdrop of this convention was that about 8 percent of the species in the world would be extinct in a quarter of century, including about 17 million tropical rain forest hectares, which is essentially equal to entire Japan, a fauna that hosts critical valuable and important species to our planet whose destruction takes place each year. In the Biodiversity Convention of 1992 held in RIO, adoption of additional critical instrument was accomplished. The apparent relevance of the RIO conference to the petroleum industry was obvious as upstream operations introduce interferences all the time on such biological sources as forests, vegetation and land while downstream operations bring about environmental issues from climate change to air pollution. In addition to other items, the RIO conference provides that state parties should monitor and identify the effects brought about by such processing while categorising activities likely or have significant serious impact on biodiversity sustainability and conservation. Parties also had to establish protected segments or areas for biological diversity conservation to be done through special measures.

Additional international law relating to the gas and oil operations include various conventions like the Offshore Pollution Liability Agreement (OPOL) of 1974, Convention on Civil Liability of Oil Pollution Damage Resulting from Exploitation and Exploration of Seabed Mineral Resources of 1977 (CLEE) as well as the Vienna Convention on Ozone Layer Protection and its Protocols of 1985.

5.2.2  Key Regional Agreements

 

1992 OSPAR Convention and the Oslo Convention of 1972

Towards avoidance of ambiguity while updating existing provisions, Paris and Oslo Commission adopted the OSPAR Convention in 1992 selected to consolidate past regional conventions while complementing and not replacing multilateral treaties like the Geneva Convention of 1958 as well as the London Convention of 1972.

Energy Charter Treaty of 1994 (ECT)

Considered a super-regional treaty due its scope covering the entirety of European countries and Commonwealth of Independent States (CIS) members, this ambitious program had the aim of developing treaties, standards and rules for the protection of marine environment of world’s marginal seas. Now the program extends to over 13 regional locations with over 29 protocols and conventions in place. Lots of them have an effect on gas and oil production and exploration activities. The Offshore Exploration Protocol of 1994 within the Barcelona Convention of 1976 and the Offshore Exploration Protocol of 1989 within the Kuwait Convention of 1978 are such agreements.

 

EC Directives/Environmental Law

Another important regional treaties component relevant to oil and gas operations is the environmental law of the EC (European Community).

 

5.2.3  “Soft Law”

In contrast with hard law treaties, soft law refers to a document like the Universal Declaration of Human Rights, which is essentially a statement of aspirations and intentions and not considered as obligatory legally. Nonetheless, any fundamental principles of ethics declared and have gained a vast acceptance can work as a document of soft law influencing international law development event in case the law hasn’t been endorsed formally by the UN (United Nations).

In the Stockholm Declaration of 1972, the international environmental action plans and declaration practice was started. In its eminent Principle 21, the declaration indicates that states have a sovereign right of exploitation of their resources as well as the duty to ensure activities falling in their control or jurisdiction hardly bring about damage to the environment. Recent examples of environmental international action plans and declarations include the Earth Summit three non-binding types of documents.

Agenda 21 and the Rio Declaration are summarily examined for their effect on the gas and oil industry.

The Rio Declaration

Comprising 27 Principles, the Rio Declaration in itself addresses critical issues like the integration of environmental protection in sustainable development within the process of development, differentiated yet common duties to restore, conserve and protect the ecosystem of our planet, information access and public participation at national levels, elimination and reduction of unsustainable consumption and production patterns (hugely relates to gas and oil), national laws on environment addressing compensation and liability for pollution victims plus other damages to the environment, principle of polluter pays towards internalising environmental overheads, EIA encouraged to asses activities that could have huge negative environmental impacts, participation of indigenous communities and people in development related activities and environmental disputes settlement through appropriate peaceful ways.

 

Agenda 21

This is an action plan and blueprint for cooperation at an international level for sustainable development. Agenda 21 should be noted as making specific reference to operations related to offshore gas and oil that encourage nations to have an assessment of whether additional measures are needed to safeguard marine environment from pollution stemming from gas and offshore oil platforms.

 

5.2.4   International Organizations Standards and Guidelines

 

UNEP Guidelines of 1982

This refers to an early instance on international guidelines on gas and oil environmental regulation. The environmental law principles and guidelines of UNEP were issued in 1982 to look into offshore drilling and mining.

OSCOM 1991 Guidelines

Another example adopted under the Oslo Convention of 1972 at the Oslo Commission is the OSCOM Guidelines of 1991.

 

International Financial Institutions Directives on Environment

Perhaps the next part of “Soft Law” are the environmental guidelines and operational directives developed by institutions and banks of multilateral development globally, with the most widely studied and noticeable being the environmental requirements and procedures adopted by the World Bank (International Bank for Reconstruction and Development). The environmental operations and requirements of the World Bank directions cater for diverse sectors, projects with particular requirements and procedures of every industrial activity.

World Bank has set up specific environmental guidelines for the hydrocarbon sector particularly for gas and oil exploitation and exploration projects. In effect, assessment requirements introduced are on information on the project’s context, natural environment baseline data of the project’s location, direct and potential environmental effect, processes for the reduction and prevention of environmental harms, among others. The environmental guidelines of the World Bank in reality seem to work well with industries. However, lots of developmental regional banks have used the World Bank’s environment documents as the foundation of developing their own requirements related to the environment. A good example is the Environmental Procedures of the EBRD (European Bank of Reconstruction and Development) of 1992 indicating that gas and oil developments and large-scale pipelines, mineral processing and developmental operations have to be subjected to full and mandatory environmental assessment.

 

Global Technical Standards

Also included within the family of “soft laws” is a growing international body of technical standards that international standard and technical agencies have adopted, for instance the renowned ISO (International Standards Organisation). ISO 14000 is one of the highly influential standards that include comprehensive set of principles, guidelines and standards on assessment of environmental impacts, management of the environment, environmental audits, and evaluation of environmental performance, among others. Ordinarily, a company that has met these elaborate standards is bound to receive treatments of a preferential nature during the evaluation bidding process for licenses in the petroleum industry.

 

Specific and General industry guidelines

“Soft Law” also contains specific and general industry guidelines taken up by different corporate and industry associations. Lots of these associations in the industry are now playing a very critical role in the promotion of environmental performance and management through the development of guidelines and principles related to the environment for their membership.

The following illustrates this.

ICC (International Chamber of Commerce)

The Business Charter on Sustainable Development’s 16 principles was adopted by ICC in 1991, which is generally a call to any kind of business anywhere in the planet, including the petroleum industry, to achieve and encourage trade and industry growth sustainably.

E & P Forum (Oil Industry International Exploration and Production Forum)

The E and P Forum is an association specifically for gas and oil organisations across the globe. In recent years, the Forum has been involved actively with initiatives related to the environment such as environmental publications, guidelines and workshops in the promotion of the image of oil and gas industry’s environmental performance.

In addition to the documentation mentioned above, in the recent times, lots of additional documents have been produced by relevant bodies like the IAGC (International Association of Geophysical Contractors), national petroleum associations and industry level corporate guidelines.

Environmental Law and It’s Enforcement

In many countries, environmental laws are weak and poorly enforced. Government agencies make decisions about the environment without giving citizens an opportunity to participate in those decisions. Grassroots lawyers often work in isolation and cannot obtain information about the legal tools they need in order to protect the environment. Many citizens want to build a sustainable future, but grassroots advocates lack the skills and resources to make their case. Josh and Mak International strives to even the balance and help these grassroots advocates to gain the skills and and access to the legal and scientific resources they need to challenge environmental abuse. Environmental Advocates routinely call on Josh and Mak International for model statutes and regulations, information about polluters, and court decisions that protect the environment.

They also obtain information about the scientific questions that are at the heart of environmental challenges, including identifying the health risks of pesticides, providing model habitat restoration plans, and providing information about the best available technology to reduce industrial pollution.

ADVISORY SERVICES

In addition to helping local advocates Josh and Mak International provide full advisory services in environmental management and related technologies, safety, health & the environment, audits and preparation of hazard management plans, water resources management for environmental development, water supply, sewerage and drainage, solid waste management, plumbing and industrial waste, air and noise pollution, pollution control, ecological investigations, environmental risk assessment, environmental planning and management, total environmental management, environmental related scientific and technical services, environmental monitoring of stack emissions and ambient air, environmental impact statements, environmental impact assessments, cleaner production,waste (solids), analysis (Characterization), laboratory testing of natural gas and other industrial fuels and contaminated soil, establishment of environmental laboratories and training of staff, environmental surveys; energy audit; quality management including ISO-9000 and ISO-14000 background data generation and preparation of background documents, GAP analysis, human resource development and training, technology transfer and General Public Awareness, advice on statutory and legal frameworks existing in Pakistan and the provisions of major International agreements/conventions on Environments.

At Josh and Mak International we work collaboratively with all our clients in order to develop practical solutions to environmental issues using an unbeatable combination of legal skills and experience. We help clients formulate strategy to address the environmental issues they are most concerned about. When environmental matters become adversarial, our experienced environment litigators stand ready to defend the clients against any enforcement proceedings which may be at the level of the Environmental Protection Council, Environmental Protection Authority (at Provincial Level), Special Judicial Magistrates/Environmental Magistrates and/or before the Environmental Protection Tribunal.

We undertake analyses of both the risk of environmental liability and the best manner in which to eliminate or manage that risk in virtually every financing, acquisition, development, and leasing transaction. At the inception of a project, we counsel our clients to structure the transaction in a manner that minimizes environmental risks. During the negotiation process, we work with clients to understand and allocate remaining risks in ways that minimize client obligations and liabilities.

We advise a broad range of clients including corporate entities, industrial facilities, real estate developers, lenders and trade associations, non profit organizations and local governments. Furthermore, our clients include large and small companies engaged in manufacturing, mining, oil refining, hazardous and solid waste management and disposal.

Knowledge of environmental statutes and regulations, an understanding of remedial technologies and years of litigating experience have prepared our environmental litigators to handle everything from making feasibility reports on a project with the focus on environmental concerns and safeguards as well as the creation of the initial Environmental Impact Statement (EIS). We deal with matters at the level of the District Officer (Environment), Environmental Protection Agency (EPA) and, if the proceedings so require, before the Environmental Protection Tribunal against the complaints filed within the purview of Pakistan Environmental Protection Act, 1997.

The following rules and regulations have been issued under the Pakistan Environmental Protection Act, 1997.

Law in Pakistan

RULES

• National environmental quality standards (self-monitoring and reporting by industries) 2001

• Provincial sustainable development fund (procedure) 2001

• Pakistan sustainable development fund (utilization) 2001

• Provincial sustainable development fund (utilization) 2003

• Pollution charge for industry (calculation and collection) 2001

• Environmental tribunal rules, 1999

• Environmental tribunal procedures and qualifications rules, 2000

• Environmental samples, 2001

• Hazardous substances, 2000

• Hazardous Substances, 2003

Regulations

• Review of IEE/EIA regulations, 2000

• Pakistan Environmental Protection Agency (Review of IEE/EIA) Regulations, 2000

• National Environmental Quality Standards (Environmental Laboratories Certification) Regulations, 2000

• National environmental quality standards

• Draft hospital waste management

• Draft of offenses and payment of administrative penalty1999

Policies & Strategies

• National Environment Policy

• National Resettlement Policy March, 2002 (Draft)

• National Drinking Water Policy (Draft)

• National Drinking Water Policy

• Clean Development Mechanism (CDM)

• National Operational Strategy

Pakistan Environmental Protection Act, 1997

Pakistan’s Environmental Policy is based on a participatory approach with the aim of achieving objectives of sustainable development through legally, administratively and technically sound institutions. The Federal Environment Ministry was established in Pakistan in 1975 as a follow up to the Stockholm Declaration of 1972. The ministry was responsible for promulgation of the Environmental Protection Ordinance of Pakistan in 1983, which was the first comprehensive legislation prepared in the country. The main objective of Ordinance 1983 was to establish institutions ie. to establish federal and provincial environmental protection agencies and the Pakistan Environmental Protection Council (PEPC). In 1992, Pakistan attended the earth summit in Rio De Janeiro, Brazil and thereafter became party to various international conventions and protocols. This political commitment augmented the environmental process in the country. In the same year, Pakistan prepared its National Conservation Strategy (NCS) thus providing a broad framework for addressing environmental concerns within the country. In 1993 Environmental Quality Standards (NEQS) were designed. The Pakistan Environmental Protection Act 1997 was passed by the National Assembly of Pakistan on September 3, 1997, and by the Senate of Pakistan on November 7, 1997. The Act received the assent of the President of Pakistan on December 3, 1997 and was enacted on 6th December 1997, repealing the Pakistan Environmental Protection Ordinance, 1983. PEPA 1997 provides the framework for implementation of NCS, establishment of provincial sustainable development funds, protection and conservation of species, conservation of renewable resources, establishment of environmental tribunals and appointment of environmental magistrates, Iinitial Environmental Examination (IEE), and Environmental Impact Assessment (EIA).

Law in Pakistan

The Pakistan Environmental Protection Council

This apex body was first constituted in 1984 under Section 3 of the Pakistan Environmental Protection Ordinance (PEPO), 1983, and had the President of Pakistan as its Chairman. In 1994, an amendment was made in the ordinance to provide for the Prime Minister, or his nominee, to be the head of the council. The council was reconstituted after enactment of the new law; the Pakistan Environmental Protection Act, 1997.This is headed by the Prime Minister (Chief Executive) of Pakistan. The council is represented by trade and industry, leading NGOs, educational intuitions, experts, journalists and concerned ministries.

Establishment of Pakistan Environmental Protection Agency under Sec. 5

In 1993, the Pakistan Environmental Protection Agency (Pak-EPA) was established under Section 6 (d) of the Pakistan Environmental Protection Ordinance, 1983. The Agency started with both meager staff and resources,however, a number of actions were taken which included notification of NEQS in 1993 for municipal and liquid industrial effluents and industrial gaseous emissions, motor vehicle exhaust emissions, and noise pollution. The functions and responsibilities of the Agency thus enhanced and it was strengthened technically and logistically to meet the environmental challenges. Pak-EPA also provides technical support to the Ministry of Environment.

Pakistan Environmental Protection Agency

The Pakistan Environmental Protection Agency (Pak-EPA) is attached to the Department of the Ministry of Environment which is responsible for enforcement of the Pakistan Environmental Protection Act, 1997 and its enabling rules and regulations. It also deals with public complaints and carries out research and investigation in different fields of the environment. Being the technical arm of the Ministry of Environment, it prepares reports on various environmental issues and prepares national environmental policies for the approval of the Pakistan Environmental Protection Council.

The National Environment Policy provides an overarching framework for addressing the environmental issues facing Pakistan, particularly pollution of fresh water bodies and coastal waters, air pollution, lack of proper waste management, deforestation, loss of biodiversity, desertification, natural disasters and climate change. It also gives directions for addressing the cross sector issues as well as the underlying causes of environmental degradation and meeting international obligations. The National Environment Policy, while recognizing the goals and objectives of the National Conservation Strategy, National Environmental Action Plan and other existing environment related national policies, strategies and action plans provides broad guidelines to the Federal Government, Provincial Governments, Federally Administrated Territories and Local Governments for addressing environmental concerns and ensuring effective management of their environmental resources. The provincial, AJK, northern areas and local governments, however, may devise their own strategies, plans and programs in pursuit of this Policy.

The National Environment Policy aims to protect, conserve and restore Pakistan’s environment in order to improve the quality of life of the citizens through sustainable development.

The Objectives of the Policy are:

•Conservation, restoration and efficient management of environmental resources

•Integration of environmental considerations in policy making and planning processes

•Capacity building of government agencies and other stakeholders at all levels for better environmental management

•Meeting international obligations effectively in line with the national aspirations

•Creation of a demand for environment through mass awareness and community mobilization

The environment is very important to us at Josh and Mak International and we are here to help any like minded clients who care about the world we live in, and the legacy we will leave our children.

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