LECTURE 6

The Pakistan Environmental Protection Act, 1997

Under the heading: Law and Policy on Environment in Pakistan — An Overview

Lecture Outline
Duration 60 minutes (three segments of approximately 20 minutes each)
Level LL.B. First Year, Second Semester
Method Statutory analysis, text reading, case illustration
Segment I Legislative History, Objects, and Definitions (20 min)
Segment II Institutional Architecture: Federal Agency, Councils, and
Provincial EPAs (20 min)
Segment III Substantive Prohibitions, EIA Regime, Enforcement, and Penalties
(20 min)

Learning Objectives
By the end of this lecture, students should be able to:
• Trace the legislative history of PEPA 1997 from the Environmental Protection Ordinance 1983
to the present.
• Explain the principal definitions in PEPA 1997 and their significance for regulatory scope.
• Describe the institutional architecture created by PEPA — the Federal EPA, Provincial EPAs,
and the Pakistan Environmental Protection Council.
• Identify and explain the principal substantive prohibitions in PEPA and the EIA regime.
• Explain the enforcement mechanisms and penalty structure under PEPA, including the role of
the Environmental Protection Tribunal.

SEGMENT I: Legislative History, Objects, and Definitions

1.1 Legislative History

The Pakistan Environmental Protection Act 1997 did not emerge in a vacuum. It was the culmination
of a gradual evolution of environmental legislation over three decades:

Year Instrument Significance

 1960 West Pakistan Pure Food Early public health-environmental regulation;
Ordinance addressed food adulteration but signalled
state interest in pollution.
1975 Wildlife (Protection, First dedicated conservation statute;
Preservation, Conservation and established protected areas and prohibited
Management) Act wildlife trade.
1983 Pakistan Environmental First integrated environmental protection
Protection Ordinance ordinance; established Pakistan
Environmental Protection Agency (federal);
introduced concept of NEQS. Limited scope
and weak enforcement.
1992 National Conservation Strategy Non-binding but foundational policy
framework; committed Pakistan to 14 core
environmental goals. Aligned with Rio 1992
process.
1997 Pakistan Environmental Replaced the 1983 Ordinance; comprehensive
Protection Act statute establishing full institutional
architecture, IEE/EIA regime, EPTs, NEQS,
and provincial coordination. This is the
subject of today's lecture.
2010 18th Amendment Devolved environment to provinces; PEPA
1997 remains the federal statute but
provincial EPA Acts now operate
concurrently.
2012- Provincial EPA Acts Punjab EPA Act 2012; Sindh EPA Act 2014;
2014 KP EPA Act 2014; Balochistan EPA Act
2012. Each mirrors PEPA's structure with
provincial modifications.

1.2 Objects and Scheme of the Act

The Preamble to PEPA 1997 declares the Act's purpose: to provide for the protection, conservation,
rehabilitation, and improvement of the environment, the prevention and control of pollution, and the
promotion of sustainable development. Four operative features follow from this declaration:

• PEPA is a framework statute: it sets out the institutional architecture and principal prohibitions,
leaving detailed regulation to subsidiary instruments (rules and regulations discussed in
Lecture 7).
• PEPA has a federal and provincial dimension: the Federal EPA exercises jurisdiction over
federal installations and trans-provincial matters; provincial EPAs exercise jurisdiction within
their respective provinces.
 • PEPA adopts a command-and-control regulatory model supplemented by economic
instruments: it sets standards (NEQS), requires pre-activity assessment (IEE/EIA), and
enforces through criminal penalties.
• PEPA provides a dedicated adjudicatory forum: the Environmental Protection Tribunal (EPT)
has exclusive jurisdiction over offences under the Act.

1.3 Key Definitions under PEPA 1997 (Section 2)

Definitions are the operational vocabulary of any statute. PEPA's definitional section deserves careful
study:

Defined Term (Section Definition and Legal Significance

2)
"Environment" "Environment" means the physical factors of the surroundings of
(s.2(x)) human beings including land, water, atmosphere, climate, sound,
odour, taste, the biological factors of animals and plants, and the
social factor of aesthetics and includes both the natural and the
built environment. Significance: Exceptionally broad —
encompasses sensory factors and aesthetics, enabling regulation
beyond conventional pollution into noise and visual amenity.
"Pollution" Contamination of air, land, or water by the discharge, emission, or
(s.2(xxxiii)) deposit of any waste or matter that adversely affects human health,
quality of life, or the natural environment. Significance: Covers all
three environmental media (air, land, water) and is anthropocentric
as well as eco-centric.
"Discharge" (s.2(vi)) Broadly defined to include spilling, leaking, pumping, pouring,
emitting, emptying, throwing, dumping, or allowing to escape, any
pollutant. Significance: Comprehensive verb list makes it difficult
to argue a pollutant was not "discharged."
"Environmental A tribunal constituted under Section 20 of the Act to exercise
Tribunal" (s.2(xiii)) jurisdiction over environmental offences. Significance: Creates a
specialised forum, displacing ordinary magistrates' courts for
PEPA offences.
"Initial Environmental A preliminary environmental review of a proposed project to
Examination (IEE)" determine whether a full EIA is required. Significance: The IEE
(s.2(xxiv)) functions as a screening mechanism; its outcome determines
regulatory pathway.
"Environmental A detailed study of the likely environmental effects of a proposed
Impact Assessment project, prepared according to prescribed guidelines, to enable the
(EIA)" (s.2(xi)) EPA to determine whether to issue an environmental approval.
 Significance: The EIA is the primary ex ante preventive instrument
under PEPA.
"Proponent" Any person who proposes to undertake a project. Significance:
(s.2(xxxvi)) Places the onus of environmental assessment on the person seeking
approval, not on the regulator.
"National Standards established by the Federal Government specifying the
Environmental Quality maximum permissible limits of pollutants in any environmental
Standards / NEQS" medium. Significance: NEQS are the numerical benchmarks
(s.2(xxix)) against which compliance is measured.

SEGMENT II: Institutional Architecture

2.1 Pakistan Environmental Protection Council (PEPC)

The Pakistan Environmental Protection Council (Section 4) is the apex policy body under PEPA. It is
chaired by the Prime Minister and includes federal ministers, provincial chief ministers, and co-opted
experts. Its functions are primarily policy and coordination rather than regulatory:
• Approve national environmental policies and coordinate environmental programmes.
• Provide directions to the Federal Agency on matters of national policy.
• Review the state of the environment and recommend policy reforms.

In practice, the PEPC has met infrequently. Its high-level composition makes it difficult to convene,
and its advisory character limits its operational impact. The real regulatory work is carried out by the
Federal and Provincial EPAs.

2.2 Pakistan Environmental Protection Agency (Federal EPA)

The Federal Environmental Protection Agency (Section 6) is the primary regulatory authority under
PEPA at the federal level. Its jurisdiction extends to:
• Federal government installations and projects.
• Projects that affect more than one province.
• Projects with international dimensions.
• Standards-setting (NEQS) applicable nationally.

The Director General of the Federal EPA is the chief executing officer. Key functions include:
• Processing IEE and EIA applications for projects within federal jurisdiction.
• Enforcing compliance with NEQS and environmental approvals.
• Accrediting environmental laboratories.
 • Preparing and reviewing environmental impact assessments.
• Prosecuting environmental offences before the EPT.

2.3 Provincial Environmental Protection Agencies

Post-18th Amendment, the provincial EPAs are the primary regulatory authorities for most projects
and activities. The Punjab EPA (constituted under the Punjab EPA Act 2012), the Sindh EPA, the KP
EPA, and the Balochistan EPA each mirror the federal institutional structure. The Green Bench of the
Lahore High Court has been particularly active in directing the Punjab EPA on smog, brick kiln
regulation, industrial effluent, and agricultural burning.

Case Illustration: Punjab EPA and the Smog Crisis

The Lahore High Court's Green Bench, constituted in 2017, has been one of the most active
environmental adjudicatory forums in South Asia. In response to a series of petitions
concerning Lahore's hazardous air quality (PM2.5 levels regularly exceeding 500 micrograms
per cubic metre — 33 times the WHO guideline), the Court directed the Punjab EPA to shut
down brick kilns not converted to the zigzag technology, impose restrictions on vehicle
emissions, and implement the smog policy. The Court has invoked Articles 9 and 14 of the
Constitution and has treated the Punjab EPA's inaction as a failure to discharge a statutory and
constitutional duty.

2.4 Federal-Provincial Coordination Post-18th Amendment

The coexistence of the Federal EPA and four Provincial EPAs creates potential for jurisdictional
overlap and regulatory inconsistency. The principal coordination mechanism is the National
Environmental Coordination Committee (NECC), but this has met irregularly. In practice, the Federal
EPA has increasingly focused on climate, biodiversity, and international obligations, while provincial
EPAs handle the bulk of industrial permitting, EIA review, and enforcement.

SEGMENT III: Substantive Prohibitions, EIA Regime, and Enforcement

3.1 Principal Prohibitions (Sections 11-16)

PEPA's operative prohibitions are set out in Part III (Sections 11 to 16). Each prohibition is paired
with a penalty provision:

Section Prohibition Penalty (s.17)

 s.11 Prohibition of certain discharges Fine up to PKR 1 million (first offence); PKR
or emissions: No person shall 2 million (repeat offence); plus clean-up
discharge or emit any pollutant or costs.
effluent in excess of NEQS or any
waste without prior approval.
s.13/14 Handling hazardous substances: Fine up to PKR 1 million; cancellation of
Prohibition on the manufacture, licence.
import, storage, or transport of
hazardous substances except
under prescribed conditions.
s.15 Motor vehicle emissions: Fine up to PKR 5,000; vehicle impoundment.
Prohibition on driving a motor
vehicle that emits pollutants in
excess of NEQS for motor
vehicles.
s.11 Noise: Prohibition on causing Fine up to PKR 100,000.
noise in excess of NEQS for
noise.
s.12 Environmental Approval: Fine up to PKR 5 million;
Prohibition on commencing a demolition/restoration order.
project requiring an IEE or EIA
without an environmental
approval from the EPA.
s.11 Disposal of waste: Prohibition on Fine up to PKR 1 million.
dumping or disposing of waste in
a manner contrary to the Act or
regulations.

3.2 The IEE/EIA Regime (Sections 12 and 15)

The IEE/EIA regime is PEPA's most significant ex ante regulatory mechanism. It operationalises the
prevention principle (discussed in Lecture 3) by requiring an assessment of environmental effects
before a project commences. The detailed procedural requirements are set out in the IEE/EIA
Regulations 2000, which are covered in depth in Lecture 7. For this lecture, students should note the
statutory framework:

Initial Environmental Examination (IEE) Environmental Impact Assessment (EIA)

Required for Category I projects listed in Required for Category II projects listed in
Schedule I of the IEE/EIA Regulations — Schedule II — large, complex, or
generally smaller or lower-risk projects. environmentally sensitive projects.
 Shorter, less detailed review; proponent Comprehensive study including scoping,
prepares IEE report and submits to EPA. impact identification, mitigation plan, and
public consultation.
EPA has 45 days to process (extendable by 30 EPA has 90 days to process (extendable by 45
days). days).
Result: Environmental Approval (with or Result: Environmental Approval (with or
without conditions) or rejection. without conditions) or rejection. Conditions
legally enforceable.

3.3 Enforcement: Environmental Protection Tribunals (Section 20)

PEPA establishes Environmental Protection Tribunals (EPTs) with exclusive jurisdiction to try
offences under the Act. Key features:

• Composition: Each EPT consists of a chairperson (a person who has been or is qualified to be
a High Court judge) and two members with relevant technical or administrative expertise.
• Jurisdiction: Exclusive jurisdiction to try offences under PEPA 1997. Ordinary criminal courts
cannot try PEPA offences.
• Powers: The EPT may impose fines, order remediation, direct the closure of a facility, order
payment of compensation to affected persons, and issue injunctions.
• Appeals: An appeal from an EPT order lies to the High Court of the province within 30 days.

In practice, EPTs have faced significant capacity and caseload challenges. The superior courts —
particularly the High Courts through suo motu and public interest jurisdiction — have been more
effective sites of environmental enforcement than the EPTs.

3.4 Liability Provisions: Section 17 and Corporate Responsibility

Section 17 establishes a graduated penalty structure. Of particular note is the provision for corporate
liability: where a company commits an offence under PEPA, every director, manager, secretary, or
other officer of the company who was responsible for the act or omission is deemed to have committed
the offence and is liable accordingly, unless they prove due diligence. This provision is important for
students of corporate law as well as environmental law — it pierces the corporate veil in the
environmental context.

Review and Discussion Questions

6. How did the 18th Amendment create a regulatory gap in environmental governance, and how
has PEPA 1997 attempted to fill it?
7. Draft the operative part of a prohibition notice under Section 11 of PEPA that a Federal EPA
officer might issue to an industrial facility discharging effluent in excess of NEQS.
 8. Compare the IEE and EIA mechanisms under PEPA. In what circumstances should a
proponent expect a full EIA to be required?
9. Critically assess the Environmental Protection Tribunal as an enforcement mechanism. Why
have the High Courts, rather than the EPTs, been the primary forum for major environmental
cases?
10. Explain the corporate officer liability provision in PEPA 1997. Does it adequately deter
environmental violations by large corporations?

Suggested Further Reading

• Pakistan Environmental Protection Act 1997 — full text (Federal Legislation online:
[Link]).
• Punjab Environmental Protection Act 2012 — compare institutional provisions with PEPA
1997.
• Shehla Zia v. WAPDA PLD 1994 SC 693 (for constitutional backdrop).
• Zia v. WAPDA and subsequent LHC Green Bench orders on Punjab EPA (available through
PLD and Supreme Court website).
• Philippe Sands et al., Principles of International Environmental Law (4th edn) — Chapter 5
(compliance and enforcement).