Pakistan Environmental Protection Act, 1997

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THE PAKISTAN ENVIRONMENTAL PROTECTION ACT, 1997 
 
   CONTENTS 
 
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. 

 
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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. 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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THE PAKISTAN ENVIRONMENTAL PROTECTION ACT, 1997  
ACT NO. XXXIV OF 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 ca lled 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, odor, 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 a lia 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 establish ed 
under section 3; 
 
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(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 inter­relationships 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 alte rnatives, 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 defi ned in the 
Territorial Waters and Maritime Zones Act, 1976 (LXXXII of 1976); 
(xv) “factory” means any premises in which industrial activity is being undertaken; 
 
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(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 c auses, 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 o f 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 us e, 
sale, transport, delivery or disposal, or for mining, for oil and gas exploration 
and development, or for pumping water or sewage, or for generating, 
 
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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 set­up 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 prop elled 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 fix ed 
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 sub­ section (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, corpor ation, 
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 p erson 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 ot her discharges or 
substances alters unfavourably the chemical, physical, biological, radiational, 
 
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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 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; 
(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 pro duction 
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; 
 
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(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 liq uid waste, solid waste, waste 
gases, sus pended 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 Prim e Minister may 
nominate in this behalf. 
 
Chairperson. 
 
(ii)   Minister In charge of the Ministry or Division dealing with the 
subject of environment. 
 
Vice‑Chairperson 
 
(iii)  Chief Ministers of the Provinces. 
 
Members 
(iv) Ministers In charge of the subject of environment in the  
Provinces. 
 
Members 
(v)  Such other persons not exceeding thirty ‑five as the Federal 
Government may appoint, of which at least twenty shall be 
non‑official including five representatives of the  Chambers of  
Commerce and Industry and industrial associations and one or 
more representatives of the Chambers of Agriculture, the 
medical and legal professions, trade unions, and 
non‑governmental organizations con cerned with the 
environment and development, and scien tists, technical experts 
and educationists. 
 
Members 
(vi) Secretary to the Government of Pakistan, in­ charge of the 
Ministry or Division dealing with the subject of environment. 
 
Member/ Secretary. 
 
(2) The Members of the Council, other than ex­officio 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 t wo meetings 
shall be held in a year. 
 
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(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) co­ordinate 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 con servation strategy as 
may be approved by the Federal Government from time to time; 
(c) approve the National Environmental Quality Standards; 
(d) provide guidelines for the protection and conservation of species, habitats, and 
biodiversity in gener and non‑renewable resources; 
(e) coordinate integration of the principles and concerns of sustainable 
development into national development plans and policies; and 
       (f) consider the National Environmental Report and give appropriate directions 
thereon. 
(2) The Council may, either itself or on the request of any person or organization, direct the 
Federal Agency or any Government Agency to prepare, submit, promote or implement projects for 
the protection, conservation, rehabilitation and improvement of the envi ronment, 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 Pakistan Environmental Protection Agency .—(1) The Federal 
Government shall, by notification in the official Gazette, establish the Pakistan Environmental 
Protection Agency, to exercise the powers and perform the functions assigned to it under the 
provisions of this Act and the rules and regulations made thereunder. 
(2) The Federal Agency shall be headed by a Director‑General, who shall be appointed by the 
Federal Government on such terms and conditions as it may determine. 
(3) The Federal Agency shall have such administrative, technical and legal staff as the 
Federal Governmen t may specify, to be appointed in accordance with such procedure as may be 
prescribed. 
(4) The powers and functions of the Federal Agency shall be exercised and performed by the 
Director‑General. 
 
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(5) The Director‑General may, by general or special order, d elegate any of these powers and 
functions to staff appointed under sub­section (3). 
(6) For assisting the Federal Agency in the discharge of its functions, the Federal 
Government shall establish Advisory Committees for various sectors, and appoint as membe rs 
thereof eminent representatives of the relevant sector, educational institutions, research institutes and 
non‑governmental organizations. 
6. Functions of the Federal Agency.—(1) The Federal Agency shall,— 
(a) administer and implement the provisions of t his 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, national 
environmental policies for approval by the Council; 
(c) take all necessary measures for the implementation of the national 
environmental policies approved by the Council; 
(d) prepare and publish an Annual National Environment Report on the state of 
the environment; 
(e) prepare or revise and establish the Natio nal Environmental Quality Standards 
with approval of the Council: 
  Provided that before seeking approval of the Council, the Federal 
Agency shall publish the proposed National Environmental Quality Standards 
for public opinion in accordance with the prescribed procedure; and 
(f) ensure enforcement of the National Environmental Quality Standards; 
(g) establish standards for the quality of the ambient air, water and land, by 
Notification in the official Gazette, in consultation with the Provincial Agency 
concerned; 
   Provided that— 
(i) different standards for discharge or emission from different source and 
for different areas and conditions may be specified; 
(ii) where standards are less stringent than the National Environmental 
Quality Standards prior approval of the Council shall be obtained; 
(iii) certain areas, with the approval of the Council, may exclude from 
carrying out specific activities, projects from the application of such 
standards; 
 
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(h) co­ordinate environmental policies and programmes nationally and 
internationally; 
(i) establish sy stems 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 app roved 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, an initiate legislation in va rious 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 informat ion shall be subject to the 
restrictions contained in the proviso to sub­section (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 on 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, coll aborate with the concerned person in the preparation of 
contingency plans for control of such accidents and disasters, and co­ordinate 
implementation of such plans ; 
(s) encourage the formation and working of non­governmental organizations, 
community organ izations and village organizations to prevent and control 
pollution and promote sustainable development; 
 
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(t) take or cause to be taken all necessary measures 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. 
(2) The Federal Agency may,— 
(a) undertake inquiries 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 Federal 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 Federal 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 t o facilitate the discharge of its 
functions. 
7. Powers of the Federal Agency .—Subject to the provisions of this Act, the Federal 
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; 
 
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(d) enter into 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 Federal Government and in accorda nce 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 per son 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 Environ mental 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 of 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 t he 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 
(k)     establish a National Environmental Coordination Committee  comprising the 
Director‑General as its chairman and the Director ‑Generals of the Provincial 
Environmental Protection Agencies and such other persons as the Federal 
Government may appoint as its members to exercise such powers and perform 
such functions as  may be delegated or assigned to it by the Federal 
Government for carrying out the purposes of this Act and for ensuring inter 
provincial co‑ordination in environmental policies. 
8. Establishment, powers and functions of the Provincial Environmental Protec tion 
Agencies.—(1) Every Provincial Government shall, by notification in the official Gaze tte, establish 
an Environmental Protection Agency, to exercise such powers and perform such functions as may be 
delegated to it by the Provincial Government under sub­section (2) of section 26. 
(2) The Provincial Agency shall be headed by a Director ‑General who shall be appointed by 
the Provincial Government on such terms and conditions as it may determine. 
 
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(3) The Provincial Agency shall have such administrative, technical and legal staff as the 
Provincial Government may specify, to be appointed in accordance with such procedure as may be 
prescribed. 
(4) The powers and functions of the Provincial Agency shall be 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 sub­section (3). 
(6) For assistance of the Provincial Agency in the discharge of its functions, the Provincial 
Government shall estab lish sectoral Advisory Committees for various sectors and appoint members 
from amongst eminent representatives of the relevant sector, educational institutions, research 
institutes and non‑governmental organizations. 
9. Establishment of the Provincial Sust ainable Development Funds.—(1) There shall be 
established in each Province a Sustainable Development Fund. 
(2) The Provincial Sustainable Development Fund shall be derived from the following 
sources, namely:— 
(a) grants made or loans advanced by the Federa l Government or the Provincial 
Governments; 
(b) aid and assistance, grants, advances, donations and other non­obligatory 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 B oard will help achieve 
environmental objectives and the purposes of this Act. 
 
10. Management of the Provincial Sustainable Development Fund .—(1) The Provincial 
Sustainable Development Fund shall be managed by a Board known as the Provincial Sustainable 
Development Fund Board consisting of— 
 
 
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(i) Chairman, Planning and Development 
Board/Additional Chief Secretary Planning 
and Development Department. 
 
Chairperson 
 
(ii)  such officers of the Provincial Governments 
not exceeding six as the Provincial 
Government may appoint, including 
Secretaries in charge of the Finance, 
Industries and Environment Department. 
 
Members 
 
(iii) such non­official persons not exceeding ten 
as the Provincial Government may appoint 
including representatives of the Provincial 
Chamber of Commerce and Industry, non­ 
governmental organizations, and major 
donors. 
 
Members 
 
(iv) Director­General of the Provincial Agency. Member/Secretary 
 
(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 
profit­bearing 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 Pro vincial Sustainable Development Fund for the purposes 
specified in sub­section (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 pro visions of this 
Act and the rules and regulations made thereunder 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 Nationa l Environmental Quality Standards or, where applicable, the 
standards established under sub‑clause (i) of clause (g) of sub­section (1) of section 6. 
(2) The Federal Government levy a pollution charge on any person who contravenes or fails 
to comply with t he provisions of sub­section (1), to be calculated at such rate, and collected in 
accordance with such procedure as may be prescribed. 
 
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(3) Any person who pays the pollution charge levied under subs­section (2) shall not be 
charged with an offence with respect to that contravention or failure. 
(4) The provisions of sub­section (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 as sessment.—(1) No 
proponent of a project shall commence construction or operation unless he has filed with the Federal 
Agency an initial environmental examination or, where the project is likely to cause an adverse 
environmental effect, an environmental imp act assessment, and has obtained from the Federal 
Agency approval in respect thereof. 
(2) The Federal Agency shall— 
(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 Federal 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 Federal Government; or 
(iii) matters covered by legal professional privilege. 
(4) The Federal Agency shall communicat e its approval or otherwise within a period of four 
months from the date the initi al 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 s ub­section (4) the Federal Government may in a particular case extend the 
aforementioned period of four months if the nature of the project so warrants. 
 
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(6) The provisions of sub­sections (1), (2), (3), (4) and (5) shall apply to such categories of 
projects and in such manner as may be prescribed. 
(7) The Federal Agency shall maintain separate Registers for initial environmental 
examination and environmental impact assessment projects, 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 sub­section (3). 
13. Prohibition of import of h azardous waste.—No person shall import hazardous waste 
into Pakistan and its territorial waters, Exclusive Economic Zone and historic waters. 
14. Handling of hazardous substances. —Subject to the provisions of this Act, no person 
shall generate, collect, co nsign, transport, treat, dispose of, store, handle or import any hazardous 
substance except— 
(a) under a licence issued by the Federal Agency and in such manner as may be 
prescribed; or 
(b) in accordance with the provisions of any other law for the time be ing 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 t hereunder, 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 National 
Environmental Quality Standards, or where applicable the standards established u nder clause (g) of 
sub­section (1) of section 6. 
(2) For ensuring compliance with the standards mentioned in sub­section (1), the Federal 
Agency may direct that any motor vehicle or class of vehicles shall install such pollution control 
devices or other eq uipment or use such fuels or undergo such maintenance or testing as may be 
prescribed. 
(3) Where a direction has been issued by the Federal Agency under sub­section (2) in respect 
of any motor vehicles or class of motor vehicles, no person shall operate an y such vehicle till such 
direction has been complied with. 
16. Environmental protection order .—(1) Where the Federal Agency or a Provincial 
Agency is satisfied that the discharge or emission of any effluent, waste, air pollutant or noise, or the 
disposal of waste, or the handling of hazardous substances, or any other act or omission is likely to 
occur, or is occurring or has occurred in violation of the provisions of this Act, rules or regulations or 
of the conditions of a licence, and is likely to cause, o r is causing or has caused an adverse 
environmental effect, the Federal Agency or, as the case may be, the Provincial Agency may, after 
giving the person responsible for such discharge emission, disposal, handling, act or omission an 
opportunity of being h eard, by order direct such person to take such measures that the Federal 
 
Page 18 of 25 
 
Agency or 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 powe r, 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 Federal 
Agency or, Provincial Agency. 
(3) Where the person, to whom directions under sub­section (1) are given, does not comply 
therewith, the Federal Agency or 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 one million rupees, and in the case of a continuing contravention or failure, with an 
additional fine which ma y extend to one hundred thousand rupees for everyday during which such 
contravention or failure continues and where such contravention or failure continues: 
Provided that if contravention of the provisions of section 11 also constitutes contravention of 
the provisions of section 15, such contravention shall be punishable under sub­section (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 
Federal Agency or Provincial Agency shall be punishable with fine which may extend to one 
hundred thousand rupees, and in case of continuing contravention, or failure with an additional fine 
which extend to one thousand rupees for every day during which such contravention continues. 
(3) Where an accused has been convicted of an offence under sub­section (1) and (2), the 
Environmental Tribunal and Environmental Magistrate shall, in passing sentence, take into account 
the exte nt and duration of the contravention or failure constituting the offence, and the attendant 
circumstances. 
 
Page 19 of 25 
 
(4) Where an accused has been convicted of an offence under sub­section (1) and the 
Environmental Tribunal is satisfied that as a result of the commi ssion 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 sub­section (1), further additional fine commensurate with the amount of 
the monetary benefits. 
(5) Where a person convicted under sub­section (1) or sub­section (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 Commerce 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 previously convicted for more than onc e 
for any contravention of sections 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 Federal Agency or, as 
the case may be, 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 Federal Agency or of a Provincial Agency or an officer 
generally or specially authorised  by him in this behalf may, on the application of the accused 
compound an offence under this Act with the permission of the Environmental Tribunal or 
Environmental Magistrate in accordance with such procedure as may be prescribed. 
(7) Where the Director ‑General of the Federal Agency or of a Provincial Agency is of the 
opinion that a person had 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 Federal Agency or, as the case may be, 
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. 
 
Page 20 of 25 
 
(8) The provisions of sub­sections (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 or, or is attributed to any negli gence 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 Cooperative 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, lo cal authority or local council and shall be 
liable to be proceeded against and punished accordingly. 
20. Environmental Tribunals. —(1) The Federal Government may, by notification in the 
official Gazette, establish as man y Environmental Tribunals as it considers necessary and, where it 
establishes more than one Environmental Tribunal, it shall specify territorial limits within which, or 
the class of cases in respect of which, each one of them shall exercise jurisdiction under this Act. 
(2) An Environmental Tr ibunal 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 Federal Government o f 
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. 
(4) A decision of an Environmental Tribunal shall be expressed in terms of the opinion of the 
majority of its members, including the Chairperson, or if the case has been decided by the 
Chairperson and only one of the member s 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. 
 
Page 21 of 25 
 
(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 has 
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 a 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 functio ns 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 sub­section (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 
sub­section (2) except on a complaint in writing by‑‑ 
(a) the Federal Agency or any Government Agency or local council ; and 
(b) any aggrieved person, who has given notice of not less than thirty days to the 
Federal Agency or the Provincial Agency concerned of the alleged 
contravention and of his intention to make a complaint to the Environment 
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 Ordinance, 
the Environmental Tri bunal 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 authorised in 
this behalf by the Director ‑General of the Federal Agency or Provinci al Agency, issue bailable 
warrant for the arrest of any person against whom reasonable suspicion exists of his having been 
involved in contravention punishable under sub­section (1) of section 17: 
 
Page 22 of 25 
 
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 releas ed 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 1 93 and 228 of the Pakistan Penal Code (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 
subsection (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 Federal Agency or any Provincial Agency under any provision of this Act and rules 
or regulations made thereunde r 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 sub­section (1) shall be heard 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 189 8), or any other law for the time being in 
force, but subject to the provisions of this Act, all contraventions punishable under sub­section (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 puni shment specified in 
subsections (2) and (4) of section 17. 
(3) An Environmental Magistrate shall not take cognizance of an offen ce triable under 
subsection (1) except on a complaint in writing by— 
 
Page 23 of 25 
 
(a) the Federal Agency, Provincial Agency, or Government Agency or local 
council; and 
(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. 
*26. Power to delegate. —(1) The Fed eral Government may, by notification in the official 
Gazette, delegate any of its or of the Federal Agency's powers and functions under this Act and the 
rules and regulations made thereunder to any Provincial Government, any Government Agency, local 
council or local authority. 
(2) The Provincial Government may, by 1notification in the official Gazette, delegate any of 
its or of the Provincial Agency's powers or functions under this Act and the rules and regulations 
made thereunder to any Government Agency o f such Provincial Government or any local council or 
local authority in the Province. 
27. Power to give directions.—In the performance of their functions under this Act— 
(a) the Federal Agency and Provincial Agencies shall be bound by the directions 
given to them in writing by the Federal Government; and 
(b) a Provincial Agency shall be bound by the directions given to it in writing by 
the Provincial Government. 
28. Indemnity.—No suit, prosecution or other legal proceedings shall lie against the Federal 
or Provincial Governments, the Council, the Federal Agency or Provincial Agencies, the 
Directors‑General of the Federal Agency and the Provincial Agency, members, officers, employe es, 
experts, advisors, committees or consultants of the Federal or Provincial Agencies or the 
Environmental Tribunal or Environmental Magistrates or any other person for anything which is in 
good faith done or intended to be done under this Act or the rules or regulations made thereunder. 
29. Dues recoverable as arrears of land revenue .—Any dues recoverable by the Federal 
Agency or 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 inco nsistent therewith contained in any other law for the time being in 
force. 
 
*For such powers delegated to Maritime Security Agency, Pl. see SRO No. 9 (KE)/05, dated 02­02­2005. 
1See S.R.O. 1251 to 1254(I)/98, dt.27­10­98. 
 
 
Page 24 of 25 
 
31. Power to make rules. —The Federal Government may, by Notification in the official 
Gazette, make rules for carrying out the purposes of this Act including rules for implementing t he 
provisions of the international environmental agreements, specified in the Schedule to this Act. 
32. Power to amend the Schedule. —The Federal Government may, by Notification in the 
official Gazette, amend the Schedule so as to add any entry thereto or m odify or omit any entry 
therein. 
33. Power to make regulations. —(1) For carrying out the purposes of this Act, the Federal 
Agency may, by Notification in the official Gazette and with the approval of the Federal 
Government, make regulations not inconsisten t 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 filing, 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 Envi ronmental Protection 
Ordinance, 1983 (XXXVII of 1983) is hereby repealed. 
(2) Notwithstanding the repeal of the Pakistan Environmental Protection Ordinance, 1983 
(XXVII of 1983), any rules or regulations or appointments made, orders passed, notifications i ssued, 
powers delegated, contracts entered 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 inconsi stent with the provisions of this Act, be deemed to 
 
Page 25 of 25 
 
have been made, passed, issued, delegated, entered into, commenced, acquired, incurred, levied, 
done or taken under this Act. 
(3) On the establishment of the Federal Agency and Provincial Agencies under t his Act, all 
properties, assets and liabilities pertaining to the Federal Agency and Provincial Agencies 
established under that Ordinance shall vest in and be the properties, assets and liabilities, as the case 
may be, of the Federal Agency and Provincial Agency established under this Act. 
____________ 
SCHEDULE 
(See section 31) 
1. International Plant Protection Convention, Rome, 1951. 
2. Plant Protection Agreement for the South­East 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 South­West Asia (as amended), Rome, 1963. 
4. Convention on Wetlands of International Importance Especially as Waterfowl Habi tat, 
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, Montego 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 Centers 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 Janiero, 1992. 
14. United Nations Framework Convention on Climate Change, Rio De Janiero, 1992.