Pepa 1997 1c2p6y

Pakistan Environmental Protection Act, 1997 (PEPA)

Pakistan Environmental Protection Act, 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.”

PEPA PEPA has two main functions it creates institutions it regulates activities

PEPA is enforced through istrative measures judicial sanctions active involvement of civil society

Institutions created by PEPA Pakistan Environmental Protection Council Pakistan Environmental Protection Agency (Federal EPA)

Pakistan Environmental Protection Council Headed by Prime Minister Included relevant Federal and Provincial Ministers 35 representative from various sectors

Pakistan Environmental Protection Agency Central implementing agency for the act Extensive functions and powers ister and implement the provisions of PEPA prepare, revise & establish the NEQS ensure enforcement of NEQS establish standards for quality of ambient air, water and land

Pakistan Environmental Protection Agency (2) Functions and powers (cont) establish systems for prevention and control of pollution surveys monitoring inspection

estimate the costs of clean-up and rehabilitation provide advice and assistance encourage the formation of NGO’s and community and village organisations take all necessary measures for control of pollution promote sustainable development

National Environmental Quality Standards Standards established by the Federal Agency Set limits for emissions Detailed Specific Related to sector activity Levy for operating outside NEQS SMART Program.

Prohibition of certain discharges or emissions No discharge in excess of NEQS No discharge in excess of limits laid down by the Federal Agency Levy for contravention

Prohibition of import of hazardous waste No person is allowed to import hazardous waste

Environmental Tribunals Trial of the more serious offences Issue arrest warrants Act as an appeal body

Environmental Magistrates Trial of the less serious offences

Enforcement Mechanisms istrative measures Judicial Civil Enforcement

istrative measures Pollution charge Environmental Protection Order istrative Penalty

Judicial Enforcement through courts Three levels of penalty

Three levels of penalty Level 1

Court Environmental Magistrate

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(section 17(2))

Level 2

Environmental Tribunal

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(section 17 (1)

(section 21)

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Level 3 (section 17(5))

Environmental Magistrate/Environmental Tribunal (by reference to the relevant Level 1 or Level 2 offence)

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Offence Section 14: handling of hazardous substances Section 15: motor vehicle pollution Non-compliance with order of PEPC or EPA Section 11: pollution in excess of NEQS Section 12: IEE and EIA Section 13: import of hazardous waste Section 16: non compliance with and Environmental Protection Order Subsequent conviction under PEPA

Penalty  Up to Rs100,000  Additional daily fine of up to Rs1,000 for every day the contravention continues  Up to one million rupees  Additional daily fine of up toe Rs100,000 for every day the contravention continues  Additional fine commensurate with the amount of monetary value gained by the offender In addition to specific penalties relating to the offence:  copy of order of conviction to the relevant Chamber of Commerce and Industry  imprisonment of up to 2 years*  closure of factory  confiscation of factory, equipment, materials, documents or other objects involved in the offence  restoration  compensation to any person for loss or injury to person or property

Civil Enforcement Public may seek assistance approach the PEPC approach the EPA participate in EIA Reviews lodge a formal notice with the EPA

Maximum Penalties Fines - Rs1,000,000 Additional daily fine - Rs100,000 Claw-back of profits Publication Imprisonment - two years Closure Confiscation Restoration Compensation

Responsibility Any individual Body Corporate The Chief Executive of a Company Head or other officer of Government Agency, local authority or local council

Appeal Federal Agency or Provincial Agency appeal to the Environmental Tribunal

Environmental Tribunal appeal to High Court

Environmental Magistrates appeal to Court of Sessions Note: If any person lodges a complaint which is found to be malicious (false and vexatious) the complainant may be ordered to pay compensation of up to Rs100,000