PUNJAB ENVIRONMENTAL PROTECTION ACT, 1997
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THE PUNJAB ENVIRONMENTAL PROTECTION ACT, 1997 (XXXIV of 1997)
SCHEDULE
TEXT 1 THE 2 [PUNJAB] ENVIRONMENTAL PROTECTION ACT, 1997 (XXXIV of 1997) [6th December, 1997] An Act to provide for the protection, conservation, rehabilitation and improvement of the environment, for the prevention and control of pollution, and promotion of sustainable development WHEREAS, it is expedient to provide for the protection, conservation, rehabilitation and improvement of the environment, prevention and control of pollution, promotion of sustainable development, and for matters connected therewith and incidental thereto;
It is hereby enacted as follows:–
Section 1. Short title, extent and commencement
(1) This Act may be called the 3 [Punjab] Environmental Protection Act, 1997.
(2) It extends to the whole of 4 [the Punjab].
(3) It shall come into force at once.
Section 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 saf ety or to biodiversity or property;
(b) pollution; and
(c) any adverse environmental effect as may be specified in the regulations;
(ii) “agriculture waste” means waste from farm and agricultural activities including poultry, cattle farming, animal husband ry, residues from the use of fertilizers, pesticides and other farm chemicals;
1This Act of Parliament received the assent of the President on 3 December 1997, and was published in the Gazette of Pakistan, Extraordinary, dated 6 December 1997.This Act was originally in the Federal ambit, however, the subject on which this law was enacted devolved to the provinces by virtue of 18th Amendment in the Constitution, hence it was adapted, with amendments, for the province of the Punjab by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012).
2Substituted for the w ord “Pakistan” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.3; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
3Substituted for the w ord “Pakistan” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.3; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
4Substituted for the w ord “Pakistan” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.3; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
(iii) “air pollutant” means any substance that causes pollution of air and includes soot, smoke, dust particles, odor, light, electro -magnetic, radiation, heat, fumes, combustio n exhaust, exhaust gases, noxious gases, hazardous substances and radioactive substances;
(iv) “biodiversity” or “biological diversity” means the variability among living organisms from all sources, including inter alia terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; including diversity within species, between species and of eco-systems;
(v) “Council” means the 5 [Punjab] Environmental Protection Council established under section 3;
(vi) “discharge” includes spilling, leaking, pumping, depositing, seeping, releasing, flowing out, pouring, emitting, emptying or dumping;
(vii) “ecosystem” means a dynamic complex of plant, animal and micro - organism 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 p ermissible standards established by the 6 [Provincial Agency] for emission of air pollutants and nois e and for discharge of effluent and waste;
(x) “environment” means–
(a) air, water and land;
(b) all layers of the atmosphere;
(c) all organic and inorganic matter and living organisms;
(d) the ecosystem and ecological relationships;
(e) buildings, structures, roads, facilities and works;
(f) all social and economic conditions affecting community life; and
(g) the inter-relationships between any of the factors in sub-clauses
(a) to (f);
(xi) “environmental impact assessment” means an environmental study comprising collection of data, prediction of qualitative and quantitative impacts, comparison of alternatives, evaluation of preventive, mitigatory and c ompensatory measures, formulation of environmental management and training plans and monitoring arrangements, and framing of recommendations and such other components as may be prescribed;
5Substituted for the w ord “Pakistan” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.4; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
6Substituted for the words “Federal Agency or a Provincial Agency” by the P unjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012), w.e.f.18.4.2012, s.4; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
(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;
7 [(xiv) * * * * * * * * * * * ]
(xv) “factory” means any premises in which ind ustrial activity is being undertaken;
8 [(xvi) “Government” means Government of the Punjab;] 9 [(xvii) “Government Agency” includes–
(a) a department, an attached department or any other office of the Government; and
(b) a development authority, local authority, company or a body corporate established or controlled by the Government;]
(xviii) “hazardous substance” means–
(a) a substance or mixture of substances, other than a pesticide as defined in the Agricultural Pesticides Ordinance, 1971 (II of 1971), which, by reason of its chemical activity or toxic , explosive, flammable, corrosive, radioactive or other characteristics causes, or is likely to cause, directly or in combination with other matters, an adverse environmental effect; and
(b) any substance which may be prescribed as a hazardous substance;
(xix) “hazardous waste” means waste which is or which contains a hazardous substance or which may be prescribed as hazardous substance or which may be prescribed as hazardous waste, and includes hospital waste and nuclear waste; 10 [(xx) * * * * * * * * * * * ]
(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 operati on or process for manufacturing, making, formulating, synthesising, altering, repairing, ornamenting, finishing, packing or otherwise treating any article or substance with a view to its use, sale, transport, delivery or disposal, or for mining, for oil and gas exploration and development, or for pumping water or
7Omitted by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.4; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
8Substituted by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.4; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
9Substituted by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.4; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
10Omitted by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012), w.e.f.18.4.2012, s.4; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
sewage, or for generating, transforming or transmitting power or for any other industrial or commercial purpose;
(xxiii) “industrial waste” means waste resulting from an industrial activity;
(xxiv) “initial environmental examination” means a preliminary enviro nmental 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 ef fect for requiring preparation of an environmental impact assessment;
(xxv) ”local authority ” means any agency set -up or designated by the 11 [Government] by notification in the official Gazette to be a local authority for the purposes of this Act;
(xxvi) “local council” means a local council constituted or established under a law relating to local government;
(xxvii) “motor vehicle” means any mechanically propelled vehicle adapted for use upon land whether its power of propulsion is transmitted thereto from an external or internal source, and includes a chassis to which a body has not been attached, and a trailer, but does not include a vehicle running upon fixed rails;
(xxviii) “municipal waste” includes sewage, refuse, garbage, waste form abattoirs, sludge and human excreta and the like; 12 [(xxix) * * * * * * * * * * * ]
(xxx) “noise” means the intensity, duration and character of sounds from all sources, and includes vibration;
(xxxi) “nuclear waste” means waste from any nuclear reactor or nuclear plant or other nuclear energy system, whether or not such waste is radioactive;
(xxxii) “person” means any natural person or legal entity and includes an individual, firm, association, partnership, society, group, company, corporation, co -operative society, Gove rnment Agency, non - governmental organization, community -based organization, village organization, local council or local authority and, in the case of a vessel, the master or other person having for the time being the charge or control of the vessel;
(xxxiii) “pollution” means the contamination of air, land or water by the discharge or emission of effluents or wastes or air pollutants or noise or other matter which either directly or indirectly or in combination with other discharges or substances alters un favourably the chemical, physical, biological, radiational, thermal or radiological or aesthetic properties of the air, land or water or which may, or is likely to make the air, land or water unclean, noxious or impure or injurious,
11Substituted for the w ords “Federal Government or a Provincial Government” by the Punjab Environmental Protection
(Amendment) Act 2012 ( XXXV of 2012) , w.e.f.18.4.2012, s.4; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
12Omitted by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.4; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
disagreeable or detrimental to the health, safety, welfare or property of persons or harmful to biodiversity;
13 [(xxxiv) “prescribed” means prescribed by the rules or regulations;]
(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, s tone-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;
14 [(xxxvii) “Provincial Agency” means the Provincial Environmental Protection Agency established under the Act, or any Government Agency, local council or local authority e xercising the powers and functions of the Provincial Agency;] 15 [(xxxvii-a) “Punjab Environmental Quality Standards” mean the standards prepared by the Provincial Agency and approved by the Council;]
(xxxviii) “regulations” means regulations made under this Act;
(xxxix) “rules” means rules made under this Act;
(xl) “sewage” means liquid or semi -solid wastes and sludge from sanitary conveniences, kitchens, laundries, washing and similar activities and from any sewerage system or sewage disposal works;
(xli) “standards” means qualitative and quantitative standards for discharge of effluents and wastes and for emission of air pollutants and noise either for general applicability or for a particular area, or from a particular production process, or for a particu lar product, and includes the 16 [Punjab] Environmental Quality Standards, emission standards and other st andards established under this Act and the r ules and regulations made thereunder;
13Substituted by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.4; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
14Substituted by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.4; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
15Inserted by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012), w.e.f.18.4.2012, s.4; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
16Substituted for the w ord “National” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
(xlii) “sustainable development” means development that meets the need s of the present generation without compromising the ability of future generations to meet their needs;
17 [(xliii) * * * * * * * * * * * ]
(xliv) “vessel” includes anything made for the conveyance by water of human beings or of goods; and
(xlv) “waste” means any substance or object which has been, is being or is intended to be, discarded or disposed of, and includes liquid waste, solid waste, waste gases, suspended waste, industrial waste, agricultural waste, nuclear waste, municipal waste, hospital waste, used polyethylene bags and residues from the incineration of all types of waste.
Section 3. Establishment of the 18 [Punjab] Environmental Protection Council
19 [(1) The Government shall, by notification in the official Gazette, establish a Council to be known as the Punjab Environmental Protection Council consisting of–
(i) Chief Minister of the Punjab; or such other person as nominated by the Chief Minister;
Chairperson
(ii) Minister Incharge of the Environment Protection Department;
Vice Chairperson
(iii) such other persons not exceeding thirty five as the Government may appoint, of which at least twenty five shall be non -official including at least three Members of the Provincial Assembly of the Punjab, five representatives of the Chambers of Commerce and Indus try and one or more representatives of the Chambers of Agriculture, Medical and legal profession, trade unions and non- governmental organizations concerned with the environment and sustainable development, and scientists, technical experts and educationalists20[:] 21[Provided that at least one female member of the Assembly and at least four women shall be appointed as non-official members; and] Members
(iv) Secretary to the Government, Environment Member/Secretary]
17Omitted by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012), w.e.f.18.4.2012, s.4; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
18Substituted for the w ord “Pakistan” by the Punjab Environme ntal Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.5; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
19Substituted by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.5 ; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
20Substituted for the semi -colon and word “; and” by the Punjab Fair Representation of Women Act 2014 (IV of 2014), w.e.f.
12.3.2014, s.2 and the Schedule; and published in the Punjab Gazette (Extraordinary), pages 2733-2744.
21Added by the Punjab Fair Representation of Women Act 2014 (IV of 2014), w.e.f. 12.3.2014, s.2 and the Schedule; and published in the Punjab Gazette (Extraordinary), pages 2733-2744.
Protection Department.
(2) The Member s of the Council, other than ex-officio 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 two meetings shall be held in a year.
(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.
Section 4. Functions and powers of the Council
(1) The Council shall–
(a) co-ordinate and supervise enforcement of the provisions of this Act;
(b) approve comprehensive 22 [Punjab] environmental policies and ensure their implementation wit hin the framework of a 23 [Punjab] conservation strategy as may be approved by the 24 [Government] from time to time;
(c) approve the 25 [Punjab] Environmental Quality Standards;
(d) provide guidelines for the protection and conservation of species, habitats, an d biodiversity in general, and for the conservation of renewable and non-renewable resources;
(e) coordinate integration of the principles and concerns of sustainable development into 26 [Punjab] development plans and policies; and
(f) consider the 27 [Punjab] Environment Report and give appropriate directions thereon.
(2) The Council may, either itself or on the request of any person or organisation, direct the 28 [Provincial Agency] or any Government Agency to prepare, submit, promote or implement projects for the protection, conservation, rehabilitation
22Substituted for the w ord “Nat ional” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
23Substituted for the w ord “National” by the Punjab Environmental Protection (Am endment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
24Substituted for the w ords “Federal Government” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012), w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
25Substituted for the w ord “National” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
26Substituted for the w ord “National” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
27Substituted for the w ord “National” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
28Substituted for the words “Federal Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
and improvement of the environment, the prevention and control of pollution, and the sustainable development of resources, or to undertake research in any specified aspect of environment.
Section 5. Establishment of the 29 [Provincial] Environmental Protection Agency
30 [(1) The Government shall, by notification in the official Gazette, establish the Provincial Environmental Protection Agency to exercise the powers and perform the functions assigned to it under this Act, the rules and the regulations.]
(2) The 31 [Provincial Agency] shall be headed by a Director -General, who shall be appointed by the 32 [Government] on such terms and conditions as it may determine.
(3) The 33 [Provincial Agency] shall have such administrative, t echnical and legal staff as the 34 [Government] may specify, to be appointed in accordance with such procedure as may be prescribed.
(4) The powers and functions of the 35 [Provincial Agency] shall b e exercised and performed by the Director-General. 36 [(5) The Director General may, by general or special order, delegate any of the functions of the Provincial Agency exercised by him under subsection (4) to any other officer appointed under subsection (3).]
(6) For assisting the 37 [Provincial Agency] in the discharg e of its functions, the 38 [Government] shall establish Advisory Committees for various sectors, and appoint as members thereof eminent representatives of the relevant sector, educational institutions, research institutes and non-governmental organizations.
Section 6. Functions of the 39 [Provincial Agency]
(1) The 40 [Provincial Agency] shall–
29Substituted for the w ord “Pakistan” by the Punjab Environmental Protection (Amendment) Act 2012 (X XXV of 2012) , w.e.f.18.4.2012, s.6; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
30Substituted by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.6; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
31Substituted for the words “Federal Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
32Substituted for the w ords “Federal Government” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012), w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
33Substituted for the words “Federal Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
34Substituted for the w ords “Federal Government” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012), w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
35Substituted for the words “Federal Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
36Substituted by the Punjab Environmental Protection (Amendment) Act 2017 (XIX of 2017), published in the Punjab Gazette (Extraordinary), dated: 08 November 2017, pp 3139 - 3140, s.2
37Substituted for the words “Federal Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
38Substituted for the w ords “Federal Government” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012), w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
39Words “Federal Agency” substituted by the Punjab Environmental Protection (Amendment) Act, 2012 (XXXV of 2012)
40Substituted for the words “Federal Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
(a) administer and implement the provisions of this 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, 41 [* * * *] environmental policies for approval by the Council;
(c) take all necessary measures for the implementation of the 42 [* * * *] environmental policies approved by the Council;
(d) prepare and publish an annual 43 [Punjab] Environmental Report on the state of the environment;
(e) prepare or revise, and establish the 44 [Punjab] Environmental Quality Standards with approval of the Council:
Provided that before seeking approval of the Council , the 45 [Provincial Agency] shall publish the proposed 46 [Punjab] Environmental Quality Standards for public opinion in accordance with the prescribed procedure; and
(f) ensure enforcement of the 47 [Punjab] Environmental Quality Standards; 48 [(g) establish standards for the quality of the ambient air, water and land, by notification in the official Gazette;]
(h) co-ordinate environmental policies and programmes nationally and internationally;
(i) establish systems 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 approved laboratories for conducting tests and analysis and one or more research institutes as
41Omitted the word “national” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012), w.e.f.18.4.2012, s.7; and published in the Punjab Gazette (Extraordinary), pages 41061-41065. 42Omitted the word “national” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012), w.e.f.18.4.2012, s.7; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
43Substituted for the w ord “National” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 201 2), w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
44Substituted for the w ord “National” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
45Substituted for the words “Federal Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
46Substituted for the w ord “National” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
47Substituted for the w ord “National” by th e Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
48Substituted by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w. e.f.18.4.2012, s.7; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
environmental research institutes for conducting research and investigation, for the purposes of this Act;
(l) identify the needs for, and initiate legislation in various 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 information shall be subject to the restrictions contained in the proviso to sub-section (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 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 awarene ss 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, collaborate with the concerned person in the preparation of co ntingency plans for control of such accidents and disasters, and co-ordinate implementation of such plans;
(s) encourage the formation and working of non -governmental organizations, community organizations and village organizations to prevent and control pollution and promote sustainable development;
(t) take or cause to be taken all necessary measure 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 49 [Provincial Agency] may–
(a) undertake inquires 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 50 [Government], requests for foreign assistance in support of the purposes of this Act and enter into arrangements with foreign agencies or or ganizations for the exchange
49Substituted for the words “Federal Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
50Substituted for the words “Federal Government” substituted by the Punjab Environmental Protection (Amendment) Act, 2012 (XXXV of 2012)
of material or information and participate in international seminars or meetings;
(d) recommend to the 51 [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 perform ance 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 to facilitate the discharge of its functions.
Section 7. Powers of the 52 [Provincial Agency]
Subject to the provisions of this Act, the 53 [Provincial 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 renderin g any service or providing any facility, information or data under this Act or the rules and regulations made thereunder;
(d) enter into the contracts, execute instruments, incur liabilities and do all acts or things necessary for proper management and co nduct of its business;
(e) appoint with the approval of the 54 [Government] and in accordance 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 person 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 Environmental Magistrate, search at
51Substituted for the w ords “Federal Government” by the Punjab Environm ental Protection (Amendment) Act 2012 (XXXV of 2012), w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
52Substituted for the words “Federal Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXX V of 2012), w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
53Substituted for the words “Federal Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
54Substituted for the w ords “Federal Government” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012), w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
any reasonable time, any land, building, premises, vehicle or vessel or other place where or in which, there are reasonable grounds to beli eve 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 or 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 tha t the power under clauses (f), (h), (i), and (j) shall be exercised in accordance with the 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 Environ mental Magistrate; and 55 [(k) establish the Punjab Environmental Coordination Committee comprising the Director General as its convener and such other members as the Government may appoint to exercise such powers and perform such functions as may be delegat ed or assigned to it by the Government for carrying out the purposes of this Act.] 56
Section 8. Establishment, powers and functions of the Provincial Environmental Protection Agencies
* * * * * * * * * * ]
Section 9. Establishment of the Provincial Sustainable Develop ment Funds
57 [(1) There shall be established a Provincial 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 58 [Government or the Federal Government];
(b) aid and assistance, grants, advances, donations and other non - obligatory funds received from foreign governments, 59 [Punjab] 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–
55Substituted by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.8; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
56Omitted by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012), w.e.f.18.4.2012, s.9; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
57Substituted by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.10; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
58Substituted for the words “Federal Government or the Provincial Governments” by the Punjab Environmental Protection
(Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.10; and published in th e Punjab Gazette (Extraordinary), pages 41061-41065.
59Substituted for the w ord “National” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
(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 Board will help achieve environmental objectives and the purposes of this Act.
Section 10. Management of the Provincial Sustainable Development Fund
60 [(1) The Provincial Sustainable Development Fund shall be managed by a Board known as the Provincial Sustainable Development Fund Board consisting of-
(i) Chairman, Planning and Development Board; Chairperson
(ii) Such officers of the Government, not exceeding six, as the Government may appoint including Secretaries incharge of the Finance, Industries and Environment Departments;
Members
(iii) such non -official persons not exceeding ten as the Government may appoint including representatives of the Chamber of Commerce and Industry, non -governmental organizations and major donors; and Members
(iv) Director General 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 Fu nd in such profit-bearing 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 Provincial Sustainable Development Fund for the purposes specified in sub-section (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 pu blish an Annual Report incorporating its annual audited accounts, and performance evaluation based on the progress reports.
Section 11. Prohibition of certain discharges or emissions
(1) Subject to the provisions of this Act and the r ules and regulations made t hereunder 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
60Substituted by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.11; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
61 [Punjab] Environmental Quality Standards or, where applicable, the standards established under 62 [ * * * * * * *] clause (g) of sub-section (1) of section 6.
(2) The 63 [Government] may levy a pollution charge on any person who contravenes or fails to comply with the provisions of sub -section (1), to be calculated at su ch rate, and collected in accordance with such procedure as may be prescribed.
(3) Any person who pays the pollution charge levied under sub -section (2) shall not be charged with an offence with respect to that contravention or failure.
(4) The provision s of sub -section (3) shall not apply to projects, which commenced industrial activity on or after the thirtieth day of June, 1994.
Section 12. Initial environmental examination and environmental impact assessment
(1) No proponent of a project shall commence const ruction or operation unless he has filed with the 64 [Provincial Agency] an initial environmental examination or, where the project is likely to cause an adverse environmental effect, an environmental impact assessment, and has obtained from the 65 [Provincial Agency] approval in respect thereof.
(2) The 66 [Provincial 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 environmenta l 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 reco rded in writing, the Director -General of
61Substituted for the w ord “National” by the Punjab Environmental Pro tection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
62The words “sub-clause (i) of” Omitted by the Punjab Environmental Protection (Amendment) Act 2017 (XIX of 2017), published in the Punjab Gazette (Extraordinary), dated: 08 November 2017, pp 3139 - 3140, s.3
63 Substituted for the w ords “Federal Government” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012), w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
64Substituted for the words “Federal Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
65Substituted for the words “Federal Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
66Substituted for the words “Federal Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
the 67 [Provincial 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, 68 [Punjab] security or maintenance of law and order, except with the consent of the 69 [Government]; or
(iii) matters covered by legal professional privilege.
(4) The 70 [Provincial Agency] shall communicate its approval or otherwise within a period of four months from the date the initial 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 sub -section (4) the 71 [Government] may in a particular case extend the aforementioned period of four months if the nature of the project so warrants.
(6) The provisions of sub -sections (1), (2), (3), (4) and (5) shall apply to such categories of projects and in such manner as may be prescribed.
(7) The 72 [Provincial Agency] shall maintain separate Registers for initial environmental examination and environmental impact assessment project, 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 sub-section (3). 73
Section 13. Prohibition of import of hazardous waste
No person shall impo rt hazardous waste into the Punjab.]
Section 14. Handling of hazardous substances
Subject to the provisions of this Act, no person shall generate, collect, consign, transport, treat, dispose of, store, handle or import any hazardous substance except–
67Substituted for the words “Federal Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
68Substituted for the w ord “National” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
69Substituted for the w ords “Federal Government” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012), w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
70Substituted for the words “Federal Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
71Substituted for the w ords “Federal Government” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012), w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
72Substituted for the words “Federal Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
73Substituted by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.12; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
(a) under a licence issued by the 74 [Provincial Agency] and in such manner as may be prescribed; or
(b) in accordance with the provisions of any other law for the time being in force, or of any international treaty, convention, protocol, code, standard, agreement or other instrument to which Pakistan is a party.
Section 15. Regulation of motor vehicles
(1) subject to the provisions of this Act and the rules and regulations made thereunder, 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 75 [Punjab] Environmental Quality Standards, or where applicable the standards established under clause (g) of sub-section (1) of section 6.
(2) For ensuring compliance with the standard s mentioned i n sub-section (1), the 76 [Provincial Agency] may direct that any motor vehicle or class of vehicles shall install such pollution control devices or other equipment or use such fuels or undergo such maintenance or testing as may be prescribed.
(3) Where a direction has been issued by the 77 [Provincial Agency] under sub-section (2) in respect of any motor vehicles or class of motor vehicles, no person shall operate any such vehicle till such direction has been complied with.
Section 16. Environmental prote ction order
78 [(1) Where the Provincial Agency is satisfied that the discharge or emission of any effluent, waste, air pollutant or noise, or the disposal of waste, or handling of hazardous substance, or any other act or omission is likely to occur, or is occurring, or has occurred, in violation of any provision of this Act, rules or regulations or of the conditions of a license, or is likely to cause, or is causing, or has caused an adverse environmental effect, the Provincial Agency may, after giving the person responsible for such discharge, emission, disposal, handling, act or omission an opportunity of being heard, by order, direct such person to take such measures as the 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 power, such measures may include–
(a) immediate stoppage, preventing, lessening or controlling the discharge, emission, disposal, handling, act or omission, or to minim ize 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;
74Substituted for the words “Federal Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
75Substituted for the w ord “National” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
76Substituted for the words “Federal Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
77Substituted for the words “Federal Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
78Substituted by the Punjab Environmental Protection (Amend ment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.13; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
(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 conditions may be reasonable in the circumstances, to the satisfaction of the 79 [Provincial Agency].
(3) Where the person, to whom directions under sub -section (1) are given, does not comply therewith, the 80 [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 specif ied in the order as it may deem s necessary, and may recover the costs of taking such measures from such person as arrears of land revenue.
Section 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 81 [five million] rupees, and in the case of a continuing contravention or failure, with an additional fine which may extend to one hundred thousand rupees for every day during which such contravention or failure continues and where such contravention or failure continues:
Provided that if contravention of the provision of section 11 also constitutes contravention of the provisions of section 15, such contravention shall be punishable under sub-section (2) only.
(2) Whoever contravenes or fails to comply with the provisions of section 14 or 15 or any rule o r regulation or conditions of any licence, any order or direction issued by the Council or by the 82 [Provincial Agency] shall be punishable with fine which may extend to 83 [five 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 sub - section (1) and (2), the Environmental Tribunal and Environmental Magistrate shall, in passing sentence, take into account the extent and duration of the contravention or failure constituting the offence, and the attendant circumstances.
(4) Where an accused has been convicted of an offence under sub - section (1) and the Environment al Tribunal is satisfied that as a result of the commission 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
79Substituted for the words and comma “Federal Agency or, Provincial Agency” by the Punjab Environmental Protection
(Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.13; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
80Substituted for the words “Federal Agency or Provincial Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012), w.e.f.18.4.2012, s.13; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
81Substituted for the w ords “one million” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.14; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
82Substituted for the words “Federal Agency or Provincial Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012), w.e.f.18.4.2012, s.14; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
83Substituted for the words “one hundred thousand” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012), w.e.f.18.4.2012, s.14; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
sub-section (1), further additional fine com mensurate with the amount of the monetary benefits.
(5) Where a person convicted under sub -sections (1) or sub -section (2); and had been previously convicted for any contravention under this Act, the Environmental Tribunal or, as the case may be, Environme ntal 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 commence 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 substanc e, 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 perso ns who have been previously convicted for more than once for any contravention of section 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 84 [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 suffer ed by such contravention.
(6) The Director-General of the 85 [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 86 [Provincial Agency ] is of the opinion that a person has 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 87 [Provincial
84Substituted for the words and commas “Federal Agency or,as the case may be , Provincial Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.14; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
85Substituted for the words “Federal Agency or of a Provincial Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012), w.e.f.18.4.2012, s.14; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
86Substituted for the words “Federal Agency or of a Provincial Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012), w.e.f.18.4.2012, s.14; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
87Substituted for th e words and commas “Federal Agency or, as the case may be, Provincial Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.14; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
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.
(8) The provisions of sub -sections (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.
Section 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 negligence 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 i n 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 Co-operative Societies Act, 1925 (VII of 1925).
Section 19. Offences by Government Agencies, loca l 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 prov ed 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, local authority or local council and shall be liable to be proceeded against and punished accordingly.
Section 20. Environmental Tribunals
(1) The 88 [Government] may, by notification in the official gazette, establish as many 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 Tribunal 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 o f the High Court and two members to be appointed by the 89 [Government] of which at least one shall be a technical member with suitable professional qualifications and experience in the environmental field as may be prescribed.
88Substituted for the w ords “Federal Government” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012), w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
89Substituted for the w ords “Federal Governmen t” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012), w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
(3) For every sitting of the E nvironmental Tribunal, the presence of the Chairperson and not less than one Member shall be necessary. 90 [(4) A decision of an Environmental Tribunal shall be expressed in terms of the opinion of the majority, or if the case has been decided by the Chairpe rson and only one of the members 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.]
(5) An Environmental Tribunal shall not, merely by reason of a ch ange in its composition, or the absence of any member from any sitting, be bound to recall and rehear any witness who was given evidence, and may act on the evidence already recorded by, or produced, before it.
(6) An Environmental Tribunal may hold its si ttings 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 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.
Section 21. Jurisdiction and po wers of Environmental Tribunals
(1) An Environmental Tribunal shall exercise such powers and perform such functions 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 sub -section (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 sub-section (2) except on a complaint in writing by–
(a) the 91 [Provincial Agency] 92 [or an officer authorized by it ] or any Government Agency or local council; and
(b) any aggrieved person, who has given notice of not less than thirty days to the 93 [Provincial Agency ] 94 [or an officer authorized by it ] of the alleged contravention and of his intention to make a complaint to the Environmental Tribunal.
90Substituted by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2 012), w.e.f.18.4.2012, s.15; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
91Substituted for the words “Federal Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
92Inserted by the Punjab Environmental Protection (Amendment) Act 2017 (XIX of 2017), published in the Punjab Gazette (Extraordinary), dated: 08 November 2017, pp 3139 - 3140, s.4
93Substituted for t he words “Federal Agency or the Provincial Agency concerned” by the Punjab Environmental Protection
(Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.16; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
94Inserted by the Punjab Environmental Protection (Amendment) Act 2017 (XIX of 2017), published in the Punjab Gazette (Extraordinary), dated: 08 November 2017, pp 3139 - 3140, s.4
(4) In exercise of its criminal jurisdiction, the Environmental Tribunal shall have the same powers as are vested in 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 95 [Act], the Environmental Trib unal shall follow the procedure l aid 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 on this behalf by the Director -General of th e 96 [Provincial Agency], issue bailable warrant for the arrest of any person against whom reasonable suspicion exists of his having been involved in contravention punishable under sub -section (1) of section 17:
Provided that such warrant shall be applied fo r, 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 s hall be released 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 193 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 res pect 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 sub-section (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.
Section 22. Appeals to the Environmental Tribunal
(1) Any person aggrieved by any order or direction of the 97 [Provincial Agency] under any provision of this Act and rules or regulations mad e thereunder may refer an appeal with the Environme ntal Tribunal within thirty days of the date of communication of the impugned order or direction to such person.
95Misprinted in the Gazette as “Ordinance”.
96Substituted for the words “Federal Agency or of Provincia l Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012), w.e.f.18.4.2012, s.16; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
97Substituted for the words “Federal Agency or any Provincial Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012), w.e.f.18.4.2012, s.17; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
(2) An appeal to the Environmental Tribunal shall be in such form, contain such particulars and be accompanied by such fees as may be prescribe d.
Section 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 sub -section (1) shall be heard by a Bench of not less than two Judges.
Section 24. Jurisdiction of Environmental Magistrates
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898 ), or any other law for the time being in force, but subject to the provisions of this Act, all contraventions punishable under sub -section (2) of section 17 shall exclusively be triable by a judicial Magistrate of the first class as Environmental Magistra te especially empowered in this behalf by the High Court.
(2) An Environmental Magistrate shall be competent to impose any punishment specified in sub-sections (2) and (4) of section 17.
(3) An Environmental Magistrate shall not take cognizance of an offen ce triable under sub-section (1) except on a complaint in writing by–
(a) the 98 [Provincial Agency], or Government Agency or local council; and
(b) any aggrieved person.
Section 25. Appeals from orders of Environmental Magistrates
Any person convicted of any con travention 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. 99
Section 26. Power to delegate
The Government may , by notification in the official Gazette, delegate any of its or of the Provincial Agency’s powers or functions under this Act, the rules or the regulations to any Government Agency, local council or local authority.] 100
Section 27. Power to give directions
In the performance of its functions, the Provincial Agency shall be bound by the directions given to it in writing by the Government.] 101
Section 28. Indemnity
No suit, prosecution or other legal proceedings shall lie against the Government, the Council, the Provincial Agency, the Director General of the Provincial
98Substituted for the words and comma “Federal Agency, Provincial Agency” by the Punjab Envi ronmental Protection
(Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.18; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
99Substituted by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.201 2, s.19; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
Section 27 substituted by the Punjab Environmental Protection (Amendment) Act, 2012 (XXXV of 2012).
101Substituted by the Punjab Environmental Protection (Amendment) Act 2012 (X XXV of 2012) , w.e.f.18.4.2012, s.21; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
Agency, members, officers, employees, experts, advisors, or consultants of the Provincial Agency or the Environmental Tribunal, an Environmental Magistrate or any other person for anything which is in good faith done or intended to be done under this Act or the rules or the regulations.]
Section 29. Dues recoverable as arrears of land revenue
Any dues recoverable by the 102 [Provincial Agency] under this Act, or the rules or regulations made thereunder shall be recoverable as arrears of land revenue.
Section 30. Ordinance to override other laws
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.
Section 31. Power to make rules
The 103 [Government] may, by notification in the official Gazette, make rules for car rying out the purposes of this Act including rules for implementing the provisions of the international environmental agreements, specified in the Schedule to this Act.
Section 32. Power to amend the Schedule
The 104 [Government] may, by notification in the official Gazette, amend the Schedule so as to add any entry thereto or modify or omit any entry therein.
Section 33. Power to make regulations
(1) For carrying out the purposes of this Act, the 105 [Provincial Agency] may, by notification in the official Gazette and with the approval of the 106 [Government], make regulations not inconsistent with the provisions of this Act or the rules made thereunder.
(2) In particular and without prejudice to the g enerality 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 conti ngency 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 r endered, actions taken and schemes implemented;
102Substituted for the words “Federal Agency or Provincial Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012), w.e.f.18.4.2012, s.22; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
103Substituted for the w ords “Federal Government” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012), w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
104Substituted for the w ords “Federal Government” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012), w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
105Substituted for the words “Federal Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012), w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
106Substituted for the w ords “Federal Government” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012), w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
(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 envir onmental examination and environmental impact assessment and Development of procedures for their filling, 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.
Section 34. Repeal, savings and succession
(1) The Pakistan Environmental Protection Ordinance, 1983 (XXXVII of 1983) is hereby repealed.
(2) Notwithstanding the repeal of the Pakistan Environ mental Protection Ordinance, 1983 (XXVII of 1983), any rules or regulations or appointments made, orders passed, notifications issued, 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 inconsistent with the provisions of this Act, be deemed to have been made, passed, issued, delegated, entered into, commenced, acquired , incurred, levied, done or taken under this Act. 107 [(3) * * * * * * * * * * * ] 108 [(4) Notwithstanding the omission of section 8 of the Act by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012), any rules, regulations or appointments made, orders passed, notifications issued, powers delegated, contracts entered into, proceedings taken, rights acquired, liabilities incurred, penalties imposed, rates, fees or charges levied or other things done or actions taken under the provisions of sa id section, shall continue to have effect unless recalled withdrawn or cancelled.]
107Omitted by the Punjab Environmental Protection (Amendment) Act 201 2 (XXXV of 2012) , w.e.f.18.4.2012, s.23; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
108Added by the Punjab Environmental Protection (Amendment) Act 2017 (XIX of 2017), published in the Punjab Gazette (Extraordinary), dated: 08 No vember 2017, pp 3139 - 3140, s.5; and deemed to have been so a dded on and from 18 April 2012 when the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012 came into force.
SCHEDULE
(See section 31)
1. International Plant Protection Convention, Rome, 1951.
2. Plant Protection Agreement for the South -East 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 South -West Asia (as amended), Rome, 1963.
4. Convention on Wetlands of International importance Especially as Waterfowl Habitat, 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 S ubstances that Deplete the Ozone Layer, Montreal, 1987 and amendments thereto.
11. Agreement on the Network of Aquaculture Centres 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 Janeiro, 1992.
14. United Nations Framework Convention on Climate Change, Rio De Janeiro,
1992.
Print contents from the source
CONTENTS 1. Short title, extent and commencement 2. Definitions 3. Establishment of the Punjab Environmental Protection Council 4. Functions and powers of the Council 5. Establishment of the Provincial Environmental Protection Agency 6. Functions of the Provincial Agency 7. Powers of the Provincial Agency 8. Omitted 9. Establishment of the Provincial Sustainable Development Funds 10. Management of the Provincial Sustainable Development Fund 11. Prohibition of certain discharges or emissions 12. Initial environmental examination and environmental impact assessment 13. Prohibition of import of hazardous waste 14. Handling of hazardous substances 15. Regulation of motor vehicles 16. Environmental protection order 17. Penalties 18. Offences by bodies corporate 19. Offences by Government Agencies, local authorities or local councils 20. Environmental Tribunals 21. Jurisdiction and powers of Environmental Tribunals 22. Appeals to the Environmental Tribunal 23. Appeals from orders of the Environmental Tribunal 24. Jurisdiction of Environmental Magistrates 25. Appeals from orders of Environmental Magistrates 26. Power to delegate 27. Power to give directions 28. Indemnity 29. Dues recoverable as arrears of land revenue 30. Ordinance 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
Compare the original stored transcription
Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: 07433d4d23f3d526c769ce5ecd642f083abbafc7ead1941b3473c25471e6ab0f.
THE PUNJAB ENVIRONMENTAL PROTECTION ACT, 1997
(XXXIV of 1997)
CONTENTS
1. Short title, extent and commencement
2. Definitions
3. Establishment of the Punjab Environmental Protection Council
4. Functions and powers of the Council
5. Establishment of the Provincial Environmental Protection Agency
6. Functions of the Provincial Agency
7. Powers of the Provincial Agency
8. Omitted
9. Establishment of the Provincial Sustainable Development Funds
10. Management of the Provincial Sustainable Development Fund
11. Prohibition of certain discharges or emissions
12. Initial environmental examination and environmental impact assessment
13. Prohibition of import of hazardous waste
14. Handling of hazardous substances
15. Regulation of motor vehicles
16. Environmental protection order
17. Penalties
18. Offences by bodies corporate
19. Offences by Government Agencies, local authorities or local councils
20. Environmental Tribunals
21. Jurisdiction and powers of Environmental Tribunals
22. Appeals to the Environmental Tribunal
23. Appeals from orders of the Environmental Tribunal
24. Jurisdiction of Environmental Magistrates
25. Appeals from orders of Environmental Magistrates
26. Power to delegate
27. Power to give directions
28. Indemnity
29. Dues recoverable as arrears of land revenue
30. Ordinance to override other laws
31. Power to make rules
32. Power to amend the Schedule
33. Power to make regulations
34. Repeal, savings and succession
SCHEDULE
TEXT
1
THE
2
[PUNJAB] ENVIRONMENTAL PROTECTION ACT, 1997
(XXXIV of 1997)
[6th December, 1997]
An
Act
to provide for the protection, conservation, rehabilitation and improvement of the
environment, for the prevention and control of pollution, and promotion of
sustainable development
WHEREAS, it is expedient to provide for the protection, conservation,
rehabilitation and improvement of the environment, prevention and control of
pollution, promotion of sustainable development, and for matters connected
therewith and incidental thereto;
It is hereby enacted as follows:–
1. Short title, extent and commencement .– (1) This Act may be called the
3
[Punjab] Environmental Protection Act, 1997.
(2) It extends to the whole of
4
[the Punjab].
(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 saf ety or to
biodiversity or property;
(b) pollution; and
(c) any adverse environmental effect as may be specified in the
regulations;
(ii) “agriculture waste” means waste from farm and agricultural activities
including poultry, cattle farming, animal husband ry, residues from the
use of fertilizers, pesticides and other farm chemicals;
1This Act of Parliament received the assent of the President on 3 December 1997, and was published in the Gazette of
Pakistan, Extraordinary, dated 6 December 1997.This Act was originally in the Federal ambit, however, the subject on which this law
was enacted devolved to the provinces by virtue of 18th Amendment in the Constitution, hence it was adapted, with amendments, for
the province of the Punjab by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012).
2Substituted for the w ord “Pakistan” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) ,
w.e.f.18.4.2012, s.3; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
3Substituted for the w ord “Pakistan” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) ,
w.e.f.18.4.2012, s.3; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
4Substituted for the w ord “Pakistan” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) ,
w.e.f.18.4.2012, s.3; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
(iii) “air pollutant” means any substance that causes pollution of air and
includes soot, smoke, dust particles, odor, light, electro -magnetic,
radiation, heat, fumes, combustio n exhaust, exhaust gases, noxious
gases, hazardous substances and radioactive substances;
(iv) “biodiversity” or “biological diversity” means the variability among living
organisms from all sources, including inter alia terrestrial, marine and
other aquatic ecosystems and the ecological complexes of which they
are part; including diversity within species, between species and of
eco-systems;
(v) “Council” means the
5
[Punjab] Environmental Protection Council
established under section 3;
(vi) “discharge” includes spilling, leaking, pumping, depositing, seeping,
releasing, flowing out, pouring, emitting, emptying or dumping;
(vii) “ecosystem” means a dynamic complex of plant, animal and micro -
organism 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 p ermissible standards established by
the
6
[Provincial Agency] for emission of air pollutants and nois e and for
discharge of effluent and waste;
(x) “environment” means–
(a) air, water and land;
(b) all layers of the atmosphere;
(c) all organic and inorganic matter and living organisms;
(d) the ecosystem and ecological relationships;
(e) buildings, structures, roads, facilities and works;
(f) all social and economic conditions affecting community life; and
(g) the inter-relationships between any of the factors in sub-clauses
(a) to (f);
(xi) “environmental impact assessment” means an environmental study
comprising collection of data, prediction of qualitative and quantitative
impacts, comparison of alternatives, evaluation of preventive,
mitigatory and c ompensatory measures, formulation of environmental
management and training plans and monitoring arrangements, and
framing of recommendations and such other components as may be
prescribed;
5Substituted for the w ord “Pakistan” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) ,
w.e.f.18.4.2012, s.4; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
6Substituted for the words “Federal Agency or a Provincial Agency” by the P unjab Environmental Protection (Amendment) Act
2012 (XXXV of 2012), w.e.f.18.4.2012, s.4; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
(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;
7
[(xiv) * * * * * * * * * * * ]
(xv) “factory” means any premises in which ind ustrial activity is being
undertaken;
8
[(xvi) “Government” means Government of the Punjab;]
9
[(xvii) “Government Agency” includes–
(a) a department, an attached department or any other office of the
Government; and
(b) a development authority, local authority, company or a body
corporate established or controlled by the Government;]
(xviii) “hazardous substance” means–
(a) a substance or mixture of substances, other than a pesticide as
defined in the Agricultural Pesticides Ordinance, 1971 (II of
1971), which, by reason of its chemical activity or toxic ,
explosive, flammable, corrosive, radioactive or other
characteristics causes, or is likely to cause, directly or in
combination with other matters, an adverse environmental
effect; and
(b) any substance which may be prescribed as a hazardous
substance;
(xix) “hazardous waste” means waste which is or which contains a
hazardous substance or which may be prescribed as hazardous
substance or which may be prescribed as hazardous waste, and
includes hospital waste and nuclear waste;
10
[(xx) * * * * * * * * * * * ]
(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 operati on or process for manufacturing,
making, formulating, synthesising, altering, repairing, ornamenting,
finishing, packing or otherwise treating any article or substance with a
view to its use, sale, transport, delivery or disposal, or for mining, for oil
and gas exploration and development, or for pumping water or
7Omitted by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.4; and published
in the Punjab Gazette (Extraordinary), pages 41061-41065.
8Substituted by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.4; and
published in the Punjab Gazette (Extraordinary), pages 41061-41065.
9Substituted by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.4; and
published in the Punjab Gazette (Extraordinary), pages 41061-41065.
10Omitted by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012), w.e.f.18.4.2012, s.4; and published
in the Punjab Gazette (Extraordinary), pages 41061-41065.
sewage, or for generating, transforming or transmitting power or for
any other industrial or commercial purpose;
(xxiii) “industrial waste” means waste resulting from an industrial activity;
(xxiv) “initial environmental examination” means a preliminary enviro nmental
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 ef fect for
requiring preparation of an environmental impact assessment;
(xxv) ”local authority ” means any agency set -up or designated by the
11
[Government] by notification in the official Gazette to be a local
authority for the purposes of this Act;
(xxvi) “local council” means a local council constituted or established under a
law relating to local government;
(xxvii) “motor vehicle” means any mechanically propelled vehicle adapted for
use upon land whether its power of propulsion is transmitted thereto
from an external or internal source, and includes a chassis to which a
body has not been attached, and a trailer, but does not include a
vehicle running upon fixed rails;
(xxviii) “municipal waste” includes sewage, refuse, garbage, waste form
abattoirs, sludge and human excreta and the like;
12
[(xxix) * * * * * * * * * * * ]
(xxx) “noise” means the intensity, duration and character of sounds from all
sources, and includes vibration;
(xxxi) “nuclear waste” means waste from any nuclear reactor or nuclear plant
or other nuclear energy system, whether or not such waste is
radioactive;
(xxxii) “person” means any natural person or legal entity and includes an
individual, firm, association, partnership, society, group, company,
corporation, co -operative society, Gove rnment Agency, non -
governmental organization, community -based organization, village
organization, local council or local authority and, in the case of a
vessel, the master or other person having for the time being the charge
or control of the vessel;
(xxxiii) “pollution” means the contamination of air, land or water by the
discharge or emission of effluents or wastes or air pollutants or noise
or other matter which either directly or indirectly or in combination with
other discharges or substances alters un favourably the chemical,
physical, biological, radiational, thermal or radiological or aesthetic
properties of the air, land or water or which may, or is likely to make
the air, land or water unclean, noxious or impure or injurious,
11Substituted for the w ords “Federal Government or a Provincial Government” by the Punjab Environmental Protection
(Amendment) Act 2012 ( XXXV of 2012) , w.e.f.18.4.2012, s.4; and published in the Punjab Gazette (Extraordinary), pages
41061-41065.
12Omitted by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.4; and published
in the Punjab Gazette (Extraordinary), pages 41061-41065.
disagreeable or detrimental to the health, safety, welfare or property of
persons or harmful to biodiversity;
13
[(xxxiv) “prescribed” means prescribed by the rules or regulations;]
(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, s tone-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;
14
[(xxxvii) “Provincial Agency” means the Provincial Environmental Protection
Agency established under the Act, or any Government Agency, local
council or local authority e xercising the powers and functions of the
Provincial Agency;]
15
[(xxxvii-a) “Punjab Environmental Quality Standards” mean the standards
prepared by the Provincial Agency and approved by the Council;]
(xxxviii) “regulations” means regulations made under this Act;
(xxxix) “rules” means rules made under this Act;
(xl) “sewage” means liquid or semi -solid wastes and sludge from sanitary
conveniences, kitchens, laundries, washing and similar activities and
from any sewerage system or sewage disposal works;
(xli) “standards” means qualitative and quantitative standards for discharge
of effluents and wastes and for emission of air pollutants and noise
either for general applicability or for a particular area, or from a
particular production process, or for a particu lar product, and includes
the
16
[Punjab] Environmental Quality Standards, emission standards
and other st andards established under this Act and the r ules and
regulations made thereunder;
13Substituted by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.4; and
published in the Punjab Gazette (Extraordinary), pages 41061-41065.
14Substituted by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.4; and
published in the Punjab Gazette (Extraordinary), pages 41061-41065.
15Inserted by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012), w.e.f.18.4.2012, s.4; and published
in the Punjab Gazette (Extraordinary), pages 41061-41065.
16Substituted for the w ord “National” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) ,
w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
(xlii) “sustainable development” means development that meets the need s
of the present generation without compromising the ability of future
generations to meet their needs;
17
[(xliii) * * * * * * * * * * * ]
(xliv) “vessel” includes anything made for the conveyance by water of human
beings or of goods; and
(xlv) “waste” means any substance or object which has been, is being or is
intended to be, discarded or disposed of, and includes liquid waste,
solid waste, waste gases, suspended waste, industrial waste,
agricultural waste, nuclear waste, municipal waste, hospital waste,
used polyethylene bags and residues from the incineration of all types
of waste.
3. Establishment of the
18
[Punjab] Environmental Protection Council .–
19
[(1)
The Government shall, by notification in the official Gazette, establish a Council to
be known as the Punjab Environmental Protection Council consisting of–
(i) Chief Minister of the Punjab; or such other person
as nominated by the Chief Minister;
Chairperson
(ii) Minister Incharge of the Environment Protection
Department;
Vice Chairperson
(iii) such other persons not exceeding thirty five as
the Government may appoint, of which at least
twenty five shall be non -official including at least
three Members of the Provincial Assembly of the
Punjab, five representatives of the Chambers of
Commerce and Indus try and one or more
representatives of the Chambers of Agriculture,
Medical and legal profession, trade unions and
non- governmental organizations concerned with
the environment and sustainable development,
and scientists, technical experts and
educationalists20[:]
21[Provided that at least one female member of
the Assembly and at least four women shall be
appointed as non-official members; and]
Members
(iv) Secretary to the Government, Environment Member/Secretary]
17Omitted by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012), w.e.f.18.4.2012, s.4; and published
in the Punjab Gazette (Extraordinary), pages 41061-41065.
18Substituted for the w ord “Pakistan” by the Punjab Environme ntal Protection (Amendment) Act 2012 (XXXV of 2012) ,
w.e.f.18.4.2012, s.5; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
19Substituted by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.5 ; and
published in the Punjab Gazette (Extraordinary), pages 41061-41065.
20Substituted for the semi -colon and word “; and” by the Punjab Fair Representation of Women Act 2014 (IV of 2014), w.e.f.
12.3.2014, s.2 and the Schedule; and published in the Punjab Gazette (Extraordinary), pages 2733-2744.
21Added by the Punjab Fair Representation of Women Act 2014 (IV of 2014), w.e.f. 12.3.2014, s.2 and the Schedule; and
published in the Punjab Gazette (Extraordinary), pages 2733-2744.
Protection Department.
(2) The Member s of the Council, other than ex-officio 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 two meetings shall be held in a year.
(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) co-ordinate and supervise enforcement of the provisions of this Act;
(b) approve comprehensive
22
[Punjab] environmental policies and ensure
their implementation wit hin the framework of a
23
[Punjab] conservation
strategy as may be approved by the
24
[Government] from time to time;
(c) approve the
25
[Punjab] Environmental Quality Standards;
(d) provide guidelines for the protection and conservation of species,
habitats, an d biodiversity in general, and for the conservation of
renewable and non-renewable resources;
(e) coordinate integration of the principles and concerns of sustainable
development into
26
[Punjab] development plans and policies; and
(f) consider the
27
[Punjab] Environment Report and give appropriate
directions thereon.
(2) The Council may, either itself or on the request of any person or
organisation, direct the
28
[Provincial Agency] or any Government Agency to prepare,
submit, promote or implement projects for the protection, conservation, rehabilitation
22Substituted for the w ord “Nat ional” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) ,
w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
23Substituted for the w ord “National” by the Punjab Environmental Protection (Am endment) Act 2012 (XXXV of 2012) ,
w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
24Substituted for the w ords “Federal Government” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of
2012), w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
25Substituted for the w ord “National” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) ,
w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
26Substituted for the w ord “National” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) ,
w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
27Substituted for the w ord “National” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) ,
w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
28Substituted for the words “Federal Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) ,
w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
and improvement of the environment, 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
29
[Provincial] Environmental Protection Agency .–
30
[(1) The Government shall, by notification in the official Gazette, establish the
Provincial Environmental Protection Agency to exercise the powers and perform the
functions assigned to it under this Act, the rules and the regulations.]
(2) The
31
[Provincial Agency] shall be headed by a Director -General, who
shall be appointed by the
32
[Government] on such terms and conditions as it may
determine.
(3) The
33
[Provincial Agency] shall have such administrative, t echnical and
legal staff as the
34
[Government] may specify, to be appointed in accordance with
such procedure as may be prescribed.
(4) The powers and functions of the
35
[Provincial Agency] shall b e
exercised and performed by the Director-General.
36
[(5) The Director General may, by general or special order, delegate any of
the functions of the Provincial Agency exercised by him under subsection (4) to any
other officer appointed under subsection (3).]
(6) For assisting the
37
[Provincial Agency] in the discharg e of its functions,
the
38
[Government] shall establish Advisory Committees for various sectors, and
appoint as members thereof eminent representatives of the relevant sector,
educational institutions, research institutes and non-governmental organizations.
6. Functions of the
39
[Provincial Agency].– (1) The
40
[Provincial Agency] shall–
29Substituted for the w ord “Pakistan” by the Punjab Environmental Protection (Amendment) Act 2012 (X XXV of 2012) ,
w.e.f.18.4.2012, s.6; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
30Substituted by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.6; and
published in the Punjab Gazette (Extraordinary), pages 41061-41065.
31Substituted for the words “Federal Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) ,
w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
32Substituted for the w ords “Federal Government” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of
2012), w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
33Substituted for the words “Federal Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) ,
w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
34Substituted for the w ords “Federal Government” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of
2012), w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
35Substituted for the words “Federal Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) ,
w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
36Substituted by the Punjab Environmental Protection (Amendment) Act 2017 (XIX of 2017), published in the
Punjab Gazette (Extraordinary), dated: 08 November 2017, pp 3139 - 3140, s.2
37Substituted for the words “Federal Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) ,
w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
38Substituted for the w ords “Federal Government” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of
2012), w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
39Words “Federal Agency” substituted by the Punjab Environmental Protection (Amendment) Act, 2012 (XXXV of 2012)
40Substituted for the words “Federal Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) ,
w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
(a) administer and implement the provisions of this 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,
41
[* *
* *] environmental policies for approval by the Council;
(c) take all necessary measures for the implementation of the
42
[* * * *]
environmental policies approved by the Council;
(d) prepare and publish an annual
43
[Punjab] Environmental Report on the
state of the environment;
(e) prepare or revise, and establish the
44
[Punjab] Environmental Quality
Standards with approval of the Council:
Provided that before seeking approval of the Council , the
45
[Provincial
Agency] shall publish the proposed
46
[Punjab] Environmental Quality
Standards for public opinion in accordance with the prescribed
procedure; and
(f) ensure enforcement of the
47
[Punjab] Environmental Quality Standards;
48
[(g) establish standards for the quality of the ambient air, water and land,
by notification in the official Gazette;]
(h) co-ordinate environmental policies and programmes nationally and
internationally;
(i) establish systems 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 approved laboratories for
conducting tests and analysis and one or more research institutes as
41Omitted the word “national” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012), w.e.f.18.4.2012,
s.7; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
42Omitted the word “national” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012), w.e.f.18.4.2012,
s.7; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
43Substituted for the w ord “National” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 201 2),
w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
44Substituted for the w ord “National” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) ,
w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
45Substituted for the words “Federal Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) ,
w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
46Substituted for the w ord “National” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) ,
w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
47Substituted for the w ord “National” by th e Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) ,
w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
48Substituted by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w. e.f.18.4.2012, s.7; and
published in the Punjab Gazette (Extraordinary), pages 41061-41065.
environmental research institutes for conducting research and
investigation, for the purposes of this Act;
(l) identify the needs for, and initiate legislation in various 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 information shall be subject to the
restrictions contained in the proviso to sub-section (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 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 awarene ss 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, collaborate with the concerned person in the
preparation of co ntingency plans for control of such accidents and
disasters, and co-ordinate implementation of such plans;
(s) encourage the formation and working of non -governmental
organizations, community organizations and village organizations to
prevent and control pollution and promote sustainable development;
(t) take or cause to be taken all necessary measure 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
49
[Provincial Agency] may–
(a) undertake inquires 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
50
[Government], requests for foreign
assistance in support of the purposes of this Act and enter into
arrangements with foreign agencies or or ganizations for the exchange
49Substituted for the words “Federal Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) ,
w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
50Substituted for the words “Federal Government” substituted by the Punjab Environmental Protection (Amendment) Act, 2012
(XXXV of 2012)
of material or information and participate in international seminars or
meetings;
(d) recommend to the
51
[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 perform ance 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 to facilitate the
discharge of its functions.
7. Powers of the
52
[Provincial Agency].– Subject to the provisions of this Act,
the
53
[Provincial 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 renderin g any service or
providing any facility, information or data under this Act or the rules
and regulations made thereunder;
(d) enter into the contracts, execute instruments, incur liabilities and do all
acts or things necessary for proper management and co nduct of its
business;
(e) appoint with the approval of the
54
[Government] and in accordance 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 person 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 Environmental Magistrate, search at
51Substituted for the w ords “Federal Government” by the Punjab Environm ental Protection (Amendment) Act 2012 (XXXV of
2012), w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
52Substituted for the words “Federal Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXX V of 2012),
w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
53Substituted for the words “Federal Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) ,
w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
54Substituted for the w ords “Federal Government” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of
2012), w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
any reasonable time, any land, building, premises, vehicle or vessel or
other place where or in which, there are reasonable grounds to beli eve
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 or 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 tha t the power under clauses (f), (h), (i), and (j) shall be
exercised in accordance with the 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 Environ mental
Magistrate; and
55
[(k) establish the Punjab Environmental Coordination Committee
comprising the Director General as its convener and such other
members as the Government may appoint to exercise such powers
and perform such functions as may be delegat ed or assigned to it by
the Government for carrying out the purposes of this Act.]
56
[8. Establishment, powers and functions of the Provincial Environmental
Protection Agencies.– * * * * * * * * * * ]
9. Establishment of the Provincial Sustainable Develop ment Funds .–
57
[(1)
There shall be established a Provincial 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
58
[Government or the Federal
Government];
(b) aid and assistance, grants, advances, donations and other non -
obligatory funds received from foreign governments,
59
[Punjab] 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–
55Substituted by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.8; and
published in the Punjab Gazette (Extraordinary), pages 41061-41065.
56Omitted by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012), w.e.f.18.4.2012, s.9; and published
in the Punjab Gazette (Extraordinary), pages 41061-41065.
57Substituted by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.10; and
published in the Punjab Gazette (Extraordinary), pages 41061-41065.
58Substituted for the words “Federal Government or the Provincial Governments” by the Punjab Environmental Protection
(Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.10; and published in th e Punjab Gazette (Extraordinary), pages
41061-41065.
59Substituted for the w ord “National” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) ,
w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
(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 Board will help achieve
environmental objectives and the purposes of this Act.
10. Management of the Provincial Sustainable Development Fund .–
60
[(1) The
Provincial Sustainable Development Fund shall be managed by a Board known as
the Provincial Sustainable Development Fund Board consisting of-
(i) Chairman, Planning and Development Board; Chairperson
(ii) Such officers of the Government, not exceeding
six, as the Government may appoint including
Secretaries incharge of the Finance, Industries
and Environment Departments;
Members
(iii) such non -official persons not exceeding ten as
the Government may appoint including
representatives of the Chamber of Commerce
and Industry, non -governmental organizations
and major donors; and
Members
(iv) Director General 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 Fu nd in
such profit-bearing 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 Provincial Sustainable Development Fund for the
purposes specified in sub-section (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 pu blish 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
provisions of this Act and the r ules and regulations made t hereunder 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
60Substituted by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.11; and
published in the Punjab Gazette (Extraordinary), pages 41061-41065.
61
[Punjab] Environmental Quality Standards or, where applicable, the standards
established under
62
[ * * * * * * *] clause (g) of sub-section (1) of section 6.
(2) The
63
[Government] may levy a pollution charge on any person who
contravenes or fails to comply with the provisions of sub -section (1), to be calculated
at su ch rate, and collected in accordance with such procedure as may be
prescribed.
(3) Any person who pays the pollution charge levied under sub -section (2)
shall not be charged with an offence with respect to that contravention or failure.
(4) The provision s of sub -section (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
assessment.– (1) No proponent of a project shall commence const ruction or
operation unless he has filed with the
64
[Provincial Agency] an initial environmental
examination or, where the project is likely to cause an adverse environmental effect,
an environmental impact assessment, and has obtained from the
65
[Provincial
Agency] approval in respect thereof.
(2) The
66
[Provincial 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 environmenta l 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 reco rded in writing, the Director -General of
61Substituted for the w ord “National” by the Punjab Environmental Pro tection (Amendment) Act 2012 (XXXV of 2012) ,
w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
62The words “sub-clause (i) of” Omitted by the Punjab Environmental Protection (Amendment) Act 2017 (XIX of 2017),
published in the Punjab Gazette (Extraordinary), dated: 08 November 2017, pp 3139 - 3140, s.3
63 Substituted for the w ords “Federal Government” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of
2012), w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
64Substituted for the words “Federal Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) ,
w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
65Substituted for the words “Federal Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) ,
w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
66Substituted for the words “Federal Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) ,
w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
the
67
[Provincial 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,
68
[Punjab] security or maintenance of law and
order, except with the consent of the
69
[Government]; or
(iii) matters covered by legal professional privilege.
(4) The
70
[Provincial Agency] shall communicate its approval or otherwise
within a period of four months from the date the initial 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 sub -section (4) the
71
[Government] may in a particular case
extend the aforementioned period of four months if the nature of the project so
warrants.
(6) The provisions of sub -sections (1), (2), (3), (4) and (5) shall apply to
such categories of projects and in such manner as may be prescribed.
(7) The
72
[Provincial Agency] shall maintain separate Registers for initial
environmental examination and environmental impact assessment project, 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 sub-section (3).
73
[13. Prohibition of import of hazardous waste .– No person shall impo rt
hazardous waste into the Punjab.]
14. Handling of hazardous substances .– Subject to the provisions of this Act,
no person shall generate, collect, consign, transport, treat, dispose of, store, handle
or import any hazardous substance except–
67Substituted for the words “Federal Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) ,
w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
68Substituted for the w ord “National” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) ,
w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
69Substituted for the w ords “Federal Government” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of
2012), w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
70Substituted for the words “Federal Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) ,
w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
71Substituted for the w ords “Federal Government” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of
2012), w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
72Substituted for the words “Federal Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) ,
w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
73Substituted by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.12; and
published in the Punjab Gazette (Extraordinary), pages 41061-41065.
(a) under a licence issued by the
74
[Provincial Agency] and in such manner
as may be prescribed; or
(b) in accordance with the provisions of any other law for the time being 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 thereunder, 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
75
[Punjab] Environmental Quality Standards, or where
applicable the standards established under clause (g) of sub-section (1) of section 6.
(2) For ensuring compliance with the standard s mentioned i n sub-section
(1), the
76
[Provincial Agency] may direct that any motor vehicle or class of vehicles
shall install such pollution control devices or other equipment or use such fuels or
undergo such maintenance or testing as may be prescribed.
(3) Where a direction has been issued by the
77
[Provincial Agency] under
sub-section (2) in respect of any motor vehicles or class of motor vehicles, no
person shall operate any such vehicle till such direction has been complied with.
16. Environmental prote ction order .–
78
[(1) Where the Provincial Agency is
satisfied that the discharge or emission of any effluent, waste, air pollutant or noise,
or the disposal of waste, or handling of hazardous substance, or any other act or
omission is likely to occur, or is occurring, or has occurred, in violation of any
provision of this Act, rules or regulations or of the conditions of a license, or is likely
to cause, or is causing, or has caused an adverse environmental effect, the
Provincial Agency may, after giving the person responsible for such discharge,
emission, disposal, handling, act or omission an opportunity of being heard, by
order, direct such person to take such measures as the 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
power, such measures may include–
(a) immediate stoppage, preventing, lessening or controlling the
discharge, emission, disposal, handling, act or omission, or to minim ize
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;
74Substituted for the words “Federal Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) ,
w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
75Substituted for the w ord “National” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) ,
w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
76Substituted for the words “Federal Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) ,
w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
77Substituted for the words “Federal Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) ,
w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
78Substituted by the Punjab Environmental Protection (Amend ment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.13; and
published in the Punjab Gazette (Extraordinary), pages 41061-41065.
(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
conditions may be reasonable in the circumstances, to the satisfaction
of the
79
[Provincial Agency].
(3) Where the person, to whom directions under sub -section (1) are given,
does not comply therewith, the
80
[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 specif ied in the order as it may deem s
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
81
[five million] rupees, and in the case of a
continuing contravention or failure, with an additional fine which may extend to one
hundred thousand rupees for every day during which such contravention or failure
continues and where such contravention or failure continues:
Provided that if contravention of the provision of section 11 also constitutes
contravention of the provisions of section 15, such contravention shall be punishable
under sub-section (2) only.
(2) Whoever contravenes or fails to comply with the provisions of section
14 or 15 or any rule o r regulation or conditions of any licence, any order or direction
issued by the Council or by the
82
[Provincial Agency] shall be punishable with fine
which may extend to
83
[five 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 sub -
section (1) and (2), the Environmental Tribunal and Environmental Magistrate shall,
in passing sentence, take into account the extent and duration of the contravention
or failure constituting the offence, and the attendant circumstances.
(4) Where an accused has been convicted of an offence under sub -
section (1) and the Environment al Tribunal is satisfied that as a result of the
commission 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
79Substituted for the words and comma “Federal Agency or, Provincial Agency” by the Punjab Environmental Protection
(Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.13; and published in the Punjab Gazette (Extraordinary), pages
41061-41065.
80Substituted for the words “Federal Agency or Provincial Agency” by the Punjab Environmental Protection (Amendment) Act
2012 (XXXV of 2012), w.e.f.18.4.2012, s.13; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
81Substituted for the w ords “one million” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) ,
w.e.f.18.4.2012, s.14; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
82Substituted for the words “Federal Agency or Provincial Agency” by the Punjab Environmental Protection (Amendment) Act
2012 (XXXV of 2012), w.e.f.18.4.2012, s.14; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
83Substituted for the words “one hundred thousand” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of
2012), w.e.f.18.4.2012, s.14; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
sub-section (1), further additional fine com mensurate with the amount of the
monetary benefits.
(5) Where a person convicted under sub -sections (1) or sub -section (2);
and had been previously convicted for any contravention under this Act, the
Environmental Tribunal or, as the case may be, Environme ntal 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
commence 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 substanc e, 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 perso ns who have been previously convicted
for more than once for any contravention of section 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
84
[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 suffer ed by such
contravention.
(6) The Director-General of the
85
[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
86
[Provincial Agency ] is of the
opinion that a person has 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
87
[Provincial
84Substituted for the words and commas “Federal Agency or,as the case may be , Provincial Agency” by the Punjab
Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.14; and published in the Punjab Gazette
(Extraordinary), pages 41061-41065.
85Substituted for the words “Federal Agency or of a Provincial Agency” by the Punjab Environmental Protection (Amendment)
Act 2012 (XXXV of 2012), w.e.f.18.4.2012, s.14; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
86Substituted for the words “Federal Agency or of a Provincial Agency” by the Punjab Environmental Protection (Amendment)
Act 2012 (XXXV of 2012), w.e.f.18.4.2012, s.14; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
87Substituted for th e words and commas “Federal Agency or, as the case may be, Provincial Agency” by the Punjab
Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.14; and published in the Punjab Gazette
(Extraordinary), pages 41061-41065.
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.
(8) The provisions of sub -sections (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 negligence 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 i n 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 Co-operative Societies Act, 1925 (VII of 1925).
19. Offences by Government Agencies, loca l 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 prov ed 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, local authority or local
council and shall be liable to be proceeded against and punished accordingly.
20. Environmental Tribunals.– (1) The
88
[Government] may, by notification in the
official gazette, establish as many 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 Tribunal 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 o f the High Court and two
members to be appointed by the
89
[Government] of which at least one shall be a
technical member with suitable professional qualifications and experience in the
environmental field as may be prescribed.
88Substituted for the w ords “Federal Government” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of
2012), w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
89Substituted for the w ords “Federal Governmen t” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of
2012), w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
(3) For every sitting of the E nvironmental Tribunal, the presence of the
Chairperson and not less than one Member shall be necessary.
90
[(4) A decision of an Environmental Tribunal shall be expressed in terms of
the opinion of the majority, or if the case has been decided by the Chairpe rson and
only one of the members 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.]
(5) An Environmental Tribunal shall not, merely by reason of a ch ange in
its composition, or the absence of any member from any sitting, be bound to recall
and rehear any witness who was given evidence, and may act on the evidence
already recorded by, or produced, before it.
(6) An Environmental Tribunal may hold its si ttings 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 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 po wers of Environmental Tribunals .– (1) An
Environmental Tribunal shall exercise such powers and perform such functions 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 sub -section (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 sub-section (2) except on a complaint in writing by–
(a) the
91
[Provincial Agency]
92
[or an officer authorized by it ] or any
Government Agency or local council; and
(b) any aggrieved person, who has given notice of not less than thirty days
to the
93
[Provincial Agency ]
94
[or an officer authorized by it ] of the
alleged contravention and of his intention to make a complaint to the
Environmental Tribunal.
90Substituted by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2 012), w.e.f.18.4.2012, s.15; and
published in the Punjab Gazette (Extraordinary), pages 41061-41065.
91Substituted for the words “Federal Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) ,
w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
92Inserted by the Punjab Environmental Protection (Amendment) Act 2017 (XIX of 2017), published in the Punjab Gazette
(Extraordinary), dated: 08 November 2017, pp 3139 - 3140, s.4
93Substituted for t he words “Federal Agency or the Provincial Agency concerned” by the Punjab Environmental Protection
(Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.16; and published in the Punjab Gazette (Extraordinary), pages
41061-41065.
94Inserted by the Punjab Environmental Protection (Amendment) Act 2017 (XIX of 2017), published in the Punjab Gazette
(Extraordinary), dated: 08 November 2017, pp 3139 - 3140, s.4
(4) In exercise of its criminal jurisdiction, the Environmental Tribunal shall
have the same powers as are vested in 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
95
[Act], the Environmental Trib unal shall follow the procedure l aid 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 on this behalf by the Director -General of th e
96
[Provincial Agency], issue
bailable warrant for the arrest of any person against whom reasonable suspicion
exists of his having been involved in contravention punishable under sub -section (1)
of section 17:
Provided that such warrant shall be applied fo r, 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 s hall be released
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 193 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 res pect 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 sub-section (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
97
[Provincial Agency] under any provision of this Act and
rules or regulations mad e thereunder may refer an appeal with the Environme ntal
Tribunal within thirty days of the date of communication of the impugned order or
direction to such person.
95Misprinted in the Gazette as “Ordinance”.
96Substituted for the words “Federal Agency or of Provincia l Agency” by the Punjab Environmental Protection (Amendment)
Act 2012 (XXXV of 2012), w.e.f.18.4.2012, s.16; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
97Substituted for the words “Federal Agency or any Provincial Agency” by the Punjab Environmental Protection (Amendment)
Act 2012 (XXXV of 2012), w.e.f.18.4.2012, s.17; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
(2) An appeal to the Environmental Tribunal shall be in such form, contain
such particulars and be accompanied by such fees as may be prescribe d.
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 sub -section (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 1898 ), or any other law
for the time being in force, but subject to the provisions of this Act, all contraventions
punishable under sub -section (2) of section 17 shall exclusively be triable by a
judicial Magistrate of the first class as Environmental Magistra te especially
empowered in this behalf by the High Court.
(2) An Environmental Magistrate shall be competent to impose any
punishment specified in sub-sections (2) and (4) of section 17.
(3) An Environmental Magistrate shall not take cognizance of an offen ce
triable under sub-section (1) except on a complaint in writing by–
(a) the
98
[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 con travention 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.
99
[26. Power to delegate .– The Government may , by notification in the official
Gazette, delegate any of its or of the Provincial Agency’s powers or functions under
this Act, the rules or the regulations to any Government Agency, local council or
local authority.]
100
[27. Power to give directions.– In the performance of its functions, the Provincial
Agency shall be bound by the directions given to it in writing by the Government.]
101
[28. Indemnity.– No suit, prosecution or other legal proceedings shall lie against the
Government, the Council, the Provincial Agency, the Director General of the Provincial
98Substituted for the words and comma “Federal Agency, Provincial Agency” by the Punjab Envi ronmental Protection
(Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.2012, s.18; and published in the Punjab Gazette (Extraordinary), pages
41061-41065.
99Substituted by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.201 2, s.19; and
published in the Punjab Gazette (Extraordinary), pages 41061-41065.
Section 27 substituted by the Punjab Environmental Protection (Amendment) Act, 2012 (XXXV of 2012).
101Substituted by the Punjab Environmental Protection (Amendment) Act 2012 (X XXV of 2012) , w.e.f.18.4.2012, s.21; and
published in the Punjab Gazette (Extraordinary), pages 41061-41065.
Agency, members, officers, employees, experts, advisors, or consultants of the
Provincial Agency or the Environmental Tribunal, an Environmental Magistrate or any
other person for anything which is in good faith done or intended to be done under this
Act or the rules or the regulations.]
29. Dues recoverable as arrears of land revenue .– Any dues recoverable by
the
102
[Provincial Agency] under this Act, or the rules or regulations made thereunder
shall be recoverable as arrears of land revenue.
30. Ordinance to override other laws .– The provisions of this Act shall have
effect notwithstanding anything inconsistent therewith contained in any other law for
the time being in force.
31. Power to make rules.– The
103
[Government] may, by notification in the official
Gazette, make rules for car rying out the purposes of this Act including rules for
implementing the provisions of the international environmental agreements,
specified in the Schedule to this Act.
32. Power to amend the Schedule .– The
104
[Government] may, by notification in
the official Gazette, amend the Schedule so as to add any entry thereto or modify or
omit any entry therein.
33. Power to make regulations .– (1) For carrying out the purposes of this Act,
the
105
[Provincial Agency] may, by notification in the official Gazette and with the
approval of the
106
[Government], make regulations not inconsistent with the
provisions of this Act or the rules made thereunder.
(2) In particular and without prejudice to the g enerality 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 conti ngency 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 r endered, actions
taken and schemes implemented;
102Substituted for the words “Federal Agency or Provincial Agency” by the Punjab Environmental Protection (Amendment) Act
2012 (XXXV of 2012), w.e.f.18.4.2012, s.22; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
103Substituted for the w ords “Federal Government” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of
2012), w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
104Substituted for the w ords “Federal Government” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of
2012), w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
105Substituted for the words “Federal Agency” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012),
w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
106Substituted for the w ords “Federal Government” by the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of
2012), w.e.f.18.4.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 41061-41065.
(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 envir onmental
examination and environmental impact assessment and Development
of procedures for their filling, 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 Environmental
Protection Ordinance, 1983 (XXXVII of 1983) is hereby repealed.
(2) Notwithstanding the repeal of the Pakistan Environ mental Protection
Ordinance, 1983 (XXVII of 1983), any rules or regulations or appointments made,
orders passed, notifications issued, 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 inconsistent with the provisions of this Act, be deemed to
have been made, passed, issued, delegated, entered into, commenced, acquired ,
incurred, levied, done or taken under this Act.
107
[(3) * * * * * * * * * * * ]
108
[(4) Notwithstanding the omission of section 8 of the Act by the Punjab
Environmental Protection (Amendment) Act 2012 (XXXV of 2012), any rules,
regulations or appointments made, orders passed, notifications issued, powers
delegated, contracts entered into, proceedings taken, rights acquired, liabilities
incurred, penalties imposed, rates, fees or charges levied or other things done or
actions taken under the provisions of sa id section, shall continue to have effect
unless recalled withdrawn or cancelled.]
107Omitted by the Punjab Environmental Protection (Amendment) Act 201 2 (XXXV of 2012) , w.e.f.18.4.2012, s.23; and
published in the Punjab Gazette (Extraordinary), pages 41061-41065.
108Added by the Punjab Environmental Protection (Amendment) Act 2017 (XIX of 2017), published in the Punjab Gazette
(Extraordinary), dated: 08 No vember 2017, pp 3139 - 3140, s.5; and deemed to have been so a dded on and from 18 April
2012 when the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012 came into force.
SCHEDULE
(See section 31)
1. International Plant Protection Convention, Rome, 1951.
2. Plant Protection Agreement for the South -East 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 South -West Asia (as
amended), Rome, 1963.
4. Convention on Wetlands of International importance Especially as Waterfowl
Habitat, 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 S ubstances that Deplete the Ozone Layer, Montreal,
1987 and amendments thereto.
11. Agreement on the Network of Aquaculture Centres 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 Janeiro, 1992.
14. United Nations Framework Convention on Climate Change, Rio De Janeiro,
1992.Related judicial intelligence research
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Section 3
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; including diversity within species, between species and of eco-systems; (v) “Council” means the 5 [Punjab] Environmental Protection Council established under section 3; (vi) “discharge” includes spilling, leaking, pumping, depositing, seeping, releasing, flowing out, pouring, emitting, emptying or dumping; (vii) “ecosystem” means a dynamic complex of plant, animal and micro - organism co
Section 24
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s.4; and published in the Punjab Gazette (Extraordinary), pages 41061-41065. (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; 7 [(xiv) * * * * * * * * * * * ] (xv) “factory” means any premises in which ind ustrial activity is being undertaken;
Section 20
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Read reference in context
Magistrate” means the Magistrate of the First Class appointed under section 24; (xiii) “Environmental Tribunal” means the Environmental Tribunal constituted under section 20; 7 [(xiv) * * * * * * * * * * * ] (xv) “factory” means any premises in which ind ustrial activity is being undertaken; 8 [(xvi) “Government” means Government of the Punjab;] 9 [(xvii) “Government Agency” includes–
Section 12
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out the purposes of this Act: Provided that the disclosure of such information shall be subject to the restrictions contained in the proviso to sub-section (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
Section 9
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measures and exercise such powers as may be necessary for utilization of the Provincial Sustainable Development Fund for the purposes specified in sub-section (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 pu blis
Section 6
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61-41065. 61 [Punjab] Environmental Quality Standards or, where applicable, the standards established under 62 [ * * * * * * *] clause (g) of sub-section (1) of section 6. (2) The 63 [Government] may levy a pollution charge on any person who contravenes or fails to comply with the provisions of sub -section (1), to be calculated at su ch rate, and collected in accordance with such procedu
Section 6
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level which is in excess of the 75 [Punjab] Environmental Quality Standards, or where applicable the standards established under clause (g) of sub-section (1) of section 6. (2) For ensuring compliance with the standard s mentioned i n sub-section (1), the 76 [Provincial Agency] may direct that any motor vehicle or class of vehicles shall install such pollution control devices or other equi
Section 16
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h 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 81 [five million] rupees, and in the case of a continuing contravention or failure, with an additional fine which may extend to one hundred
Section 11
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very day during which such contravention or failure continues and where such contravention or failure continues: Provided that if contravention of the provision of section 11 also constitutes contravention of the provisions of section 15, such contravention shall be punishable under sub-section (2) only. (2) Whoever contravenes or fails to comply with the provisions of section 14 or 15 or any
Section 15
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nd where such contravention or failure continues: Provided that if contravention of the provision of section 11 also constitutes contravention of the provisions of section 15, such contravention shall be punishable under sub-section (2) only. (2) Whoever contravenes or fails to comply with the provisions of section 14 or 15 or any rule o r regulation or conditions of any licence, any order or di
Section 14
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of the provisions of section 15, such contravention shall be punishable under sub-section (2) only. (2) Whoever contravenes or fails to comply with the provisions of section 14 or 15 or any rule o r regulation or conditions of any licence, any order or direction issued by the Council or by the 82 [Provincial Agency] shall be punishable with fine which may extend to 83 [five hundred thousand ]
Section 11
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of this Act, the sentence of imprisonment shall be passed only in respect of perso ns who have been previously convicted for more than once for any contravention of section 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
Section 17
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be, conferred upon or assigned to it by or under this Act, or the rules and regulations made thereunder. (2) All contravention punishable under sub -section (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 sub-section (2) except on a complaint in writing by– (a) the 91 [Provinci
Section 22
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ave the same powers as are vested in 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 h
Section 17
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able warrant for the arrest of any person against whom reasonable suspicion exists of his having been involved in contravention punishable under sub -section (1) of section 17: Provided that such warrant shall be applied fo r, 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 bo
Section 17
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98 (Act V of 1898 ), or any other law for the time being in force, but subject to the provisions of this Act, all contraventions punishable under sub -section (2) of section 17 shall exclusively be triable by a judicial Magistrate of the first class as Environmental Magistra te especially empowered in this behalf by the High Court. (2) An Environmental Magistrate shall be competent to impose any
Section 17
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ly empowered in this behalf by the High Court. (2) An Environmental Magistrate shall be competent to impose any punishment specified in sub-sections (2) and (4) of section 17. (3) An Environmental Magistrate shall not take cognizance of an offen ce triable under sub-section (1) except on a complaint in writing by– (a) the 98 [Provincial Agency], or Government Agency or local council; and (b
Section 27
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Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012) , w.e.f.18.4.201 2, s.19; and published in the Punjab Gazette (Extraordinary), pages 41061-41065. Section 27 substituted by the Punjab Environmental Protection (Amendment) Act, 2012 (XXXV of 2012). 101Substituted by the Punjab Environmental Protection (Amendment) Act 2012 (X XXV of 2012) , w.e.f.18.4.2012, s.21; and published in the
Section 12
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tte (Extraordinary), pages 41061-41065. (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 envir onmental examination and environmental impact assessment and Development of procedures for their filling, review and approval; (h) providing procedur
Section 31
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deemed to have been so a dded on and from 18 April 2012 when the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012 came into force. SCHEDULE (See section 31) 1. International Plant Protection Convention, Rome, 1951. 2. Plant Protection Agreement for the South -East Asia and Pacific Region (as amended), Rome, 1956. 3. Agreement for the Establishment of a Commission for Control
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- 07433d4d23f3d526c769ce5ecd642f083abbafc7ead1941b3473c25471e6ab0f
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- d2a6bcc36dd814e9cc0c06967690a090f34d5ff98fc562dc6683f49324d54ee7
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- PUNJAB ENVIRONMENTAL PROTECTION ACT, 1997
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- 07433d4d23f3d526c769ce5ecd642f083abbafc7ead1941b3473c25471e6ab0f