Environmental Law in Pakistan - IUCN

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the activity of mining itself, are not mentioned in either list, although the Concurrent Legislative Listincludes the regulation of labour and safety in mines and oilfields (item 30). Exploitation of mineralsother than oil, natural gas and raw materials for the nuclear industry, is therefore a provincialsubject. Laws that pre-date the 1973 Constitution also provide that oil, gas and radioactive materialsare regulated by the federal government, while all other mines are under the authority of provincialgovernments.Three federal laws on the subject pre-date Independence. One of these laws is more than 100 yearsold. But even in the case of more recent legislation, there are no provisions to mitigate the substantialenvironmental impacts of mineral exploration and production. Nor has the government passed anyframework legislation to implement federal policy on the subject or to establish guidelines forexploring, exploiting and closing sites where minerals and petroleum products are extracted.6.1.3.1 Natural GasRegulatory AuthorityOrdinance 1997This ordinance establishes the Natural Gas Regulatory Authority,which is responsible for overseeing activities in the natural gassector. The Authority issues and renews licenses for thetransmission, distribution, sale and purification of natural gas;determines tariffs; protects consumer interests; and administersinvestment programmes (Section 4). The Authority also has thepower to certify that a licensee requires land for “public purposes”(Section 26). Such land may subsequently be compulsorilyacquired under the Land Acquisition Act 1894.The Authority may delegate its powers to its officers (Section 6).The power to issue policy guidelines under the ordinance lies withthe federal government (Section 5), while rule-making powers aredelegated to the Authority, subject to prior approval from thefederal government (Section 31).This ordinance governs both Sui companies and potential privatesectorgas providers. It does not regulate gas exploration and salefrom the field. Offences under this ordinance are punishable with amaximum penalty of imprisonment for three years and/or anunspecified fine (Section 29).6.1.3.2 PakistanEnvironmental ProtectionAct 1997PEPA 1997 requires parties desiring to commence a project tosubmit an EIA or IEE to the Federal Agency (Section 12). A projectis defined under Section 2(xxxv)(d) to include mining, prospectingand quarrying. At the same time, the Federal Agency may itselfissue an environmental protection order in cases where extractionprocesses are causing or likely to cause an adverse environmentaleffect (Section 16).06Processes andInstitutions50EnvironmentalLaw in PakistanFederalThe penalty for non-compliance with the provisions governingdischarges and emissions (Section 11), and environmentalprotection orders (Section 16) is a fine that may extend to 1 millionrupees for a first offence (Section 17(1)). For non-compliance withprovisions governing the handling of hazardous substances(Section 14), fines may extend to 100,000 rupees (Section 17(2)).Penalties for repeat offenders may include closure or confiscationof the factory, machinery, equipment or substance involved in theoffence; an order to restore the environment at the violator’s own
cost; and an order to pay compensation for any loss, bodily injuryor damage to health or property caused by the violation, in additionto imprisonment for up to two years (Section 17(5)).6.1.3.3 PakistanEnvironmental ProtectionAgency Review of InitialEnvironmentalExamination andEnvironmental ImpactAssessment Regulations2000 (SRO 339(I)/2000dated 13 June 2000)Under these regulations, mining and mineral processing projectsare required to undergo a prior EIA or IEE, depending on the scaleof the operation. Mining and processing operations involving iron,non-ferrous metals, copper, coal, sulphur, gold and preciousstones must undergo a prior EIA (Schedule II, Section C). Smeltingplants costing 50 million rupees or more, and steel rollingoperations, require an EIA. Smaller-scale smelting plans arerequired to submit an IEE.The IEE regime applies to the commercial extraction of sand,gravel, limestone, clay and other minerals not mentioned inSchedule II, and costing less than 100 million rupees (Schedule I,Section D). Operations involving crushing, grinding and separationare also subject to an IEE.6.1.3.4 Oil and GasDevelopment CorporationOrdinance 1961This ordinance establishes the Oil and Gas DevelopmentCorporation, which carries out geological, geophysical and “other”surveys to explore for oil and gas, and assists in extraction, refiningand sales (Section 12). The Corporation has the power to acquireland, which must be done in accordance with the Land AcquisitionAct 1894 (Section 24). The federal governmentmay make rules (Section 29), while the Corporation may makeregulations governing matters not covered by the rules(Section 29).6.1.3.5 Regulation ofMines and Oil Fields andMineral Development(Government Control)Act 1948This act regulates the development of mines, oilfields and mineraldeposits. The federal government makes rules related to thedevelopment of mines and nuclear substances, oilfields and gasfields, while provincial governments make rules related to otherminerals and their extraction. Rule-making power includesexploration and prospecting licenses, payment of royalties andlicense fees, refining ores and mineral oil, and their storage anddistribution (Section 2). All powers under this law have beendelegated to the “appropriate” government—the federalgovernment in the case of radioactive minerals, oil and gas, andthe provincial governments for all other mines (Section 6).6.1.3.6 PetroleumAct 1934This act regulates the import, transport, storage, production,refining and blending of petroleum and other flammablesubstances. The federal government issues licenses and maymake rules to regulate the import, transport and distribution ofpetroleum (Section 4). The law requires that all containers carrying“dangerous petroleum” (highly flammable) bear a warning (Section6). The act also contains provisions regarding the testing andquality control of petroleum products (Section 14ff.). All powersremain with the federal government.06Processes andInstitutions51EnvironmentalLaw in PakistanFederal
Page 1 and 2: EnvironmentalLawin PakistanGovernin
Page 3 and 4: in PakistanGoverning Natural Resour
Page 5 and 6: Abbreviations 05Introduction to the
Page 7 and 8: AbbreviationsCBRCITESEIAFATAIEEIUCN
Page 9 and 10: Under the Pakistan Environmental Pr
Page 11 and 12: During the last two decades great i
Page 13 and 14: The authors of this volume are Mr.
Page 15: Pakistan is a Party to all major mu
Page 18 and 19: 02 Methodology
Page 20 and 21: 03 Hierarchy ofLegalInstruments
Page 25 and 26: The 1973 Constitution defines the s
Page 27 and 28: The president exercises executive a
Page 29: 4.4 Federal CapitalThe Islamabad Ca
Page 32 and 33: 05 NaturalResources
Page 34 and 35: 5.1.1 Land TenureThe two federal le
Page 36 and 37: The government may assign rights ov
Page 38 and 39: The Exclusive Fishery Zone (Regulat
Page 40 and 41: hunters to obtain a license (Sectio
Page 42 and 43: “Apportionment of the Waters of t
Page 44 and 45: 06 Processes andInstitutions
Page 46 and 47: 6.1.1.1 CantonmentsOrdinance 2002Th
Page 48 and 49: 6.1.1.6 Land Control(Karachi Divisi
Page 50 and 51: 6.1.2.5 AgriculturalPesticidesOrdin
Page 54 and 55: 6.1.3.7 Mines Act 1923This act, whi
Page 56 and 57: other health and safety stipulation
Page 58 and 59: safeguards for the liberalisation o
Page 60 and 61: Contravention of or failure to comp
Page 62 and 63: dangerous to the environment and, a
Page 64 and 65: in the country. The powers of provi
Page 66 and 67: or the environment. Amendments adop
Page 68 and 69: 6.1.10.2 ExportProcessing ZonesAuth
Page 70 and 71: government to make rules and the Co
Page 72 and 73: 6.1.15.3 NationalEnvironmental Qual
Page 74 and 75: import or possession of any materia
Page 76 and 77: 07 Summary andConclusions
Page 78 and 79: With few exceptions, federal statut
Page 80 and 81: given certain environmental and nat
Page 82: During the last two decades, enviro

Environmental Law in Pakistan - IUCN

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