Environmental Law in Pakistan - IUCN

Contravention of or failure to comply with the provisions of this lawis punishable with a maximum fine of 1 million rupees, and anadditional fine of up to 100,000 rupees for each day that theinfraction continues (Section 17(1)). Offences related to emissionsfrom motor vehicles, meanwhile, carry the maximum penalty of a100,000 rupee fine, with an additional fine of 1,000 rupees for eachday that the infraction continues (Section 17(2)). Repeat violationsmay lead to imprisonment for up to two years (Section 17(5)). Allcases brought against offenders under this act may be tried byEnvironmental Magistrates (Section 24).6.1.7.3 PakistanEnvironmental ProtectionAgency Review of InitialEnvironmentalExamination andEnvironmental ImpactAssessment Regulations2000 (SRO 339(I)/2000dated 13 June 2000)These regulations, framed under Section 33 of PEPA, requirespecified types of transport projects to undergo a priorenvironmental assessment. Relatively small-scale highwayconstruction projects, and port and harbour development schemescatering to smaller ships, require a prior IEE (Schedule I, SectionE). Airports, railways, large-scale highways, and ports andharbours serving larger ships must submit a prior EIA (Schedule II,Section D).6.1.7.4 National HighwayAuthority Act 1991This act establishes the National Highway Authority whichconstructs and maintains national highways and “strategic” roads,the latter defined simply as roads that have been declared by thefederal government to be strategic roads (Section 2(m)). TheAuthority collects tolls, sponsors technical research, and isresponsible for the preparation of a master plan for thedevelopment and construction of highways (Sections 11 and 12).Although a relatively recent piece of legislation, this law does notobligate the Authority to monitor or mitigate the environmentalimpact of highways. The power to make rules under this act is notdelegated and remains with the federal government (Section 31).6.1.7.5 Korangi FisheriesHarbour AuthorityOrdinance 1982The purpose of this ordinance is to set up and provide for theoperation of the Korangi Fisheries Harbour Authority to regulatethe one harbour from which exploitation of fisheries resourcesbeyond territorial waters is carried out. The Harbour Authority iscontrolled by the federal government but has the power to makerules to carry out the purposes of this ordinance (Sections 30 and31). The Authority is responsible for the planning, construction,operation, management and maintenance of Korangi Harbour. Itmay borrow funds on terms approved by the federal government.06Processes andInstitutions58EnvironmentalLaw in PakistanFederalThe Authority has no specific responsibilities regarding theenvironmental protection of the area under its control and is underno obligation to undertake conservation work. Section 9(2)(r),however, allows the Authority to “carry out other important work”.This provision could be interpreted as a protection clause, were theAuthority to determine that conservation is “important”.