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Environmental Law in Pakistan - IUCN

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6.1.8.3 Regulation ofGeneration, Transmissionand Distribution ofElectric Power Act 1997This act regulates the generation, transmission and distribution ofelectric power. It establishes the National Electric PowerRegulatory Authority (Section 3). The Authority is given exclusiveresponsibility for regulat<strong>in</strong>g the provision of electric power services,but prov<strong>in</strong>cial governments may construct power houses and gridstations, lay transmission l<strong>in</strong>es for use with<strong>in</strong> the prov<strong>in</strong>ce, anddeterm<strong>in</strong>e the tariff for distribution of electricity with<strong>in</strong> the prov<strong>in</strong>ce(Section 7). The act requires licens<strong>in</strong>g for the generation (Section15), transmission (Sections 16–19) and distribution (Sections20–23) of electrical power. License holders are required to followperformance standards, <strong>in</strong>clud<strong>in</strong>g “safety, health andenvironmental protection <strong>in</strong>structions issued by the Authority orany government agency” (Section 21(2)(f)).The Authority must encourage the development of <strong>in</strong>dustry standardsand uniform codes of conduct for generation, transmission anddistribution facilities, <strong>in</strong>clud<strong>in</strong>g for construction practices andstandards (Section 35). The law empowers the Authority to makerules for the safe and effective supply of electric power, and to ensurethat operations are carried out <strong>in</strong> a manner that does m<strong>in</strong>imal damageto the environment (Section 46(2)(j)). The Authority may also makeregulations <strong>in</strong> accordance with the act and any rules (Section 47).6.1.8.4 West <strong>Pakistan</strong>Water and PowerDevelopment AuthorityAct 1958This act and its subsequent amendments provide for the unifiedand co-ord<strong>in</strong>ated development of the freshwater and powerresources of <strong>Pakistan</strong>. It establishes WAPDA (Section 3) and setsout its powers and functions.WAPDA is responsible for irrigation, water supply and dra<strong>in</strong>age;the recreational use of water resources; the generation,transmission and distribution of power; the construction,ma<strong>in</strong>tenance and operation of power houses and grids; floodcontrol; the prevention of waterlogg<strong>in</strong>g, and reclamation ofwaterlogged and salted lands; and <strong>in</strong>land navigation (Section 8).Subject to the provisions of other laws, WAPDA also controls theunderground water resources of any region <strong>in</strong> <strong>Pakistan</strong>, as well asthe operation of all power houses, grids and ancillary facilities.Under Section 8(2)(vi), WAPDA may frame schemes to provide for“the prevention of any ill-effects on public health” as a result of itsown activities. This clause serves, <strong>in</strong>directly, to regulate waterquality. In addition, WAPDA is empowered to take limited steps fornatural resource conservation. Under Section 13(2)(d)(ii), it maydirect owners of private land to “undertake anti-erosion operations,<strong>in</strong>clud<strong>in</strong>g conservation of forests and re-afforestation [sic]”.Similarly, Section 13(2)(e) allows WAPDA to “restrict or prohibit bygeneral or special order” the clear<strong>in</strong>g or division of land <strong>in</strong> thecatchment area of a river.Although the act provides for the prevention of adverse effects onpublic health, it does not specifically provide for regulat<strong>in</strong>g ormonitor<strong>in</strong>g the impacts of its own operations on natural resources06Processes andInstitutions63<strong>Environmental</strong><strong>Law</strong> <strong>in</strong> <strong>Pakistan</strong>Federal

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