Que: Trace the history of enactment of environmental legislation of

1997 which brought into practice the concept of Environmental

Assessment in Pakistan.
Ans:

No environmental laws were enacted in Pakistan until the late 1950s and in
the first half of the 60s. Further, the Environment Ministry was established
in 1975, as a follow up of Stockholm Declaration of 1972. The development
of environmental legislation in Pakistan can be divided in three (3) different
periods:
1. The first period of environmental legislation runs from 1958 to 1965. In
this period, seven specific environmental laws were promulgated.
2. The second period runs from 1970 to 1976. During this period,
comparatively lesser laws were enacted
3. The third period of environmental legislation runs from 1983 to 1997.
This is the most effective period for environmental legislation in the
country. The first Environmental Protection Ordinance was promulgated
in 1983. With this enactment, a series of legislation making process was
initiated that culminated in the enactment of the Pakistan Environmental
Protection Act 1997.

In 1992, Pakistan participated in the Earth Summit and thereafter became

party to various international environmental conventions and protocols.
Pakistan developed its National Conservation Strategy (NCS) that became
effective from March 1, 1992 and presently acts as the environmental
agenda for the country. The National Environmental Quality Standards
(NEQS) became effective in 1997.
The key environmental legislative instrument that is enforced in Pakistan
and that provides a broad framework for environmental regulation and
enforcement, namely the Pakistan Environmental Protection Act 1997 and
its related rules, regulations and enforcement mechanisms are discussed
below.
Pakistan Environmental Protection Act 1997
The Pakistan Environmental Protection Act 1997 (PEPA 1997) is the most
important environmental legislative instrument in Pakistan. The apex body
established under the PEPA 1997 is the Pakistan Environmental Protection
Council that is headed by the Prime Minister of Pakistan. The functions of
the Council include enforcement of the PEPA 1997, to establish national
environmental policies, ensure their implementation, approve National
Environmental Quality Standards, give directions to conserve bio-diversity
and renewable and non-renewable resources and consider the national
environment report.
The Environmental Protection Agencies (EPAs), both at the Federal and
provincial levels exist under the Pakistan Environmental Protection Council.
Contravention of the provisions of the PEPA 1997 is punishable with
imprisonment extending up to five (5) years, or with fine extending up-to
Rs.1,000,000/- or with both. Where offence is committed by a company,
every Chief Executive Officer (CEO), and the company, shall be deemed
guilty of the offence. Action can even be taken against Government
Agencies, and Local Authorities. The Government may also constitute
Environmental Tribunals to hear cases relating to the PEPA 1997. The
provisions of the PEPA 1997 override other laws; in other words, they have
effect notwithstanding anything inconsistent contained in any other law for
the time being in force.
The Pollution Protection Program, as identified in the PEPA 1997, addresses
both existing activities and prospective activities under section 4(f) and 8
respectively. According to Section 4(f) of the PEPA 1997, the Pakistan
Environmental Protection Council may require from any agency, department
or industry to control pollution caused by them by taking appropriate
measures. To control pollution from the prospective activities, the proponent
of every project is required to file an Environmental Impact Statement (EIS)
with the Pakistan Environmental Protection Agency (PEPA) and the relevant
provincial EPA.
To achieve the goal for environmental protection, three necessary steps have
been recommended:
o Public awareness has to be created about the environment and the people
have to be educated about the equipments purchase and use for
environmental protection. For this purpose, the industries must be given a
grace period

o Change in policy for environmental protection must be accompanied by

suitable incentives

o Because of the curative protection of the environment being costlier than

the preventive protection, environmental control over the ongoing activities
must be accompanied with the fiscal incentives such as subsidies on the
installation of cleaning equipment and effluent treatment plants and
amendments to tax and tariff structures to favor clean industries.

In order to control pollution from the prospective activities, Section 8 of the

PEPA 1997 restricts the establishment of polluting installations. The
submission of EIS as required by the PEPA 1997 is to ensure the efforts to
dispose off the effluents and take account of the environmental costs by the
prospective industry.