Environmental Law in Pakistan - IUCN

in the country. The powers of provincial governments with respect to electricity, as specified inArticle 157, include levying taxes on consumption, determining tariffs for distribution, constructingpowerhouses and grid stations, and installing intra-provincial transmission lines.Article 161 of the Constitution requires that net proceeds from federal excise duties levied on naturalgas extraction at the source, and royalties collected, are paid to the province in which the well headis located. Similarly, net profits earned by the federal government from the bulk generation ofhydroelectric power are to be paid to the province in which the power station is situated.6.1.8.1 Pakistan NuclearRegulatory AuthorityOrdinance 2001This ordinance establishes the Pakistan Nuclear RegulatoryAuthority (Section 3), repeals the Pakistan Nuclear Safety andRadiation Protection Ordinance 1984, and dissolves the PakistanNuclear Regulatory Board and the Directorate of Nuclear Safetyand Radiation Protection.The definition of the term “nuclear damage” in this ordinanceencompasses loss of life, personal injury and damage to property, butdoes not cover damage to natural resources and the environment.Although the IEE/EIA Regulations issued under PEPA 1997 requirean EIA for nuclear power plans [sic], Section 19(3) of this ordinanceleaves to the discretion of the Authority whether to requireapplicants for a license to undertake activities involving radioactivematerials and/or which produce radiation to demonstrate that theactivities would not be hazardous to the environment. Section 21provides that the Authority must authorise all construction of nuclearinstallations, but makes no reference to the requirement of an EIA.Prior authorisation from the Authority is, however, necessary beforedischarging radioactive waste into the environment (Section 22).The Authority may inspect all measures and records pertaining toenvironmental monitoring and the disposal of radioactive waste(Section 29(d)) and must implement and coordinate a nationalprogramme of environmental surveillance to check the build-up ofradioactivity in the environment. The purpose of such surveillanceis solely to safeguard human health.The ordinance does not acknowledge similar authority given to theFederal Agency under PEPA 1997 to license, monitor and inspectinstallations and activities involving radioactive substances, nordoes it provide for coordination of these functions.06Processes andInstitutions62EnvironmentalLaw in PakistanFederal6.1.8.2 PakistanEnvironmental ProtectionAgency Review of InitialEnvironmentalExamination andEnvironmental ImpactAssessment Regulations2000 (SRO 339(I)/2000dated 13 June 2000)These regulations, framed under Section 33 of PEPA, require thatspecified types of energy generation and dam constructionprojects undergo prior environmental assessment. Schedule I liststhe types of projects related to energy (Section B), and water anddams (Section F), that must undergo a prior IEE while Schedule IIlists the types of projects related to energy (Section A), and waterand dams (Section E), that require a prior EIA.