Environmental Law in Pakistan - IUCN

6.1.3.7 Mines Act 1923This act, which is largely administrative in nature, regulates miningoperations and mine management, and contains provisionsregarding the health, safety and working conditions of mine labour.The power to make rules lies with the “appropriate government”(Section 29), defined as the federal government in the case ofmines extracting radioactive material, oil, gas and flammablesubstances, and the provincial government for all other mines.6.1.3.8 Land Acquisition(Mines) Act 1885This act regulates the acquisition of land for the purpose of mining.Land is to be acquired in accordance with the Land Acquisition Act1894. Provincial governments are empowered to extend the ambitof this law to any of the areas within their jurisdiction (Section 1(3)).6.1.4 Non-Extractive IndustryThe development of industries, where federal control is declared by law to be “expedient in thepublic interest”, is a subject on the Federal Legislative List (Part II, item 3) which also includes thestandard and quality of goods intended for export (Part I, item 27). The subject of non-extractiveindustry is not mentioned specifically in either of the legislative lists. Federal laws governing the nonextractiveindustrial sector regulate only its commercial and administrative aspects, including labour.6.1.4.1 PakistanEnvironmental ProtectionAct 1997Industrial activity is defined in PEPA as “any operation or processfor manufacturing, making, formulating, synthesising, altering,repairing, ornamenting, finishing, packing or otherwise treating anyarticle or substance with a view to its use, sale, transport, deliveryor disposal, or for mining, for oil and gas exploration anddevelopment, or for pumping water or sewage, or for generating,transforming or transmitting power or for any other industrial orcommercial purposes” (Section 2(xxii)). The wide scope forregulating industrial activity, provided by the definition, is reflectedin the operative provisions of the law, particularly the prohibition oncertain emissions with provisions for levying pollution charges(Section 11); IEE/EIA (Section 12); licensing (Sections 14 and 15);and environmental protection orders (Section 16).A project is defined to include the construction, operation,alteration, expansion, repair, decommissioning or abandonment offactories or other installations (Sections 2(xxxv)(c) and 2(xxxv)(f)).PEPA requires parties desiring to commence a project to submit anEIA or IEE to the Federal Agency (Section 12). Meanwhile, theFederal Agency may issue an environmental protection order incases where discharges, emissions, waste disposal or thehandling of hazardous substances are causing or likely to cause anadverse environmental effect (Section 16).06Processes andInstitutions52EnvironmentalLaw in PakistanFederalThe penalty for non-compliance with 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