integrated pollution prevention and control

COMPARITIVE ANALYSIS OF COMPARITIVE ANALYSIS OF INTEGRATED POLLUTION INTEGRATED POLLUTION

PREVENTION AND CONTROL PREVENTION AND CONTROL LAW IN PAKISTAN AND LAW IN PAKISTAN AND

UNITED KINGDOMUNITED KINGDOM

ContentsContentsWhy comparison with United KingdomEnvironmental Protection Laws1. Limits and Quality objective standards2. Functional authorities for the purpose of preventing

and minimizing pollution3. Authorization for prescribed processes and

substances4. Enforcement notices and prohibition notices5. Appeal against enforcement and prohibition notices 6. Appointment and powers of Chief inspectors and

Director General7. Publicity8. Offences and powers of High Courts Lesson Learned

Why comparison with United Why comparison with United KingdomKingdom

Influence of UK on Pakistani setup

Environmental Protection Environmental Protection LawsLawsFor the purpose of integrated

pollution prevention and control In Pakistan, Pakistan

Environmental Protection Act (PEPA)1997

In UK, UK Environmental Protection Act(UKEPA) 1990

Type of Rules & Type of Rules & ImplementationImplementation

Limits and Quality objective standardsIn UK, under the sec 3 of UKEPA1990, The Secretary of State

may, by regulations, prescribe any description of process as a process for the carrying on of which after a prescribed date an authorization is required and The Secretary of State may, by regulations, prescribe any description of substance as a substance the release of which into the environment is subject to control.

In Pakistan, under the sec 4 of PEPA, The Pakistan Environmental Protection Council shall approve the National Environmental Quality Standards and under the sec 6 of PEPA, The Pakistan Environmental Protection Agency shall prepare and publish the proposed National Environmental Quality Standards for public opinion in accordance with the prescribed procedure; Ensure enforcement of these standards

In case of implementation, these regulations and standards are prepared by both countries and revised from time to time

Type of Rules & Type of Rules & ImplementationImplementationFunctional authorities for the purpose of

preventing and minimizing pollutionIn UK, by implementation of section 4 of UKEPA 1990,

for central control, it is functions of the chief inspector appointed for England and Wales by the Secretary of State and the chief inspector so appointed for Scotland or of the river purification authorities while in any other cases, the local authority in whose area the prescribed processes are (or are to be) carried on

In Pakistan, by implementation of section 4,5,6,7,8 of PEPA1997, at central level, Pakistan Environmental Protection Council, Pakistan Environmental Protection agency, Provincial environmental Protection agencies while at local level, local authorities, non-governmental organizations, community organizations and village organizations are working to prevent and control pollution and promote sustainable development


Authorization for prescribed processes and substances

In UK, under the section 6, 7,8, 9,10,11,12,No person shall carry on a prescribed process after the date prescribed or determined, except under an authorization by paying fees and charges, granted by the enforcing authority and in accordance with the conditions to which it is subject and the authorization includes specific conditions, and the authorization can be transferred or revoked in case of violation

In Pakistan there is no provision of these type of rules, this is main reason, that there is no check on the violation of rules and regulation, if a person or authority violate any rule, then a long period required to check its violation but only penalty, not transfer or revocation of authorization but the firms registered under the cooperative-society act 1925 for all types

Type of Rules & Type of Rules & ImplementationImplementationEnforcement notices and prohibition notices

In UK, under the section13 and 14 of UKEPA 1990, If the enforcing authority is of the opinion that the person carrying on a prescribed process under an authorization is contravening any condition of the authorization, or is likely to contravene any such condition, the authority may serve on him an enforcement notice. And If the enforcing authority is of the opinion, that the continuing to carry it on, or the continuing to carry it on in a particular manner, involves an imminent risk of serious pollution of the environment the authority shall serve a prohibition notice on the person carrying on the process

In Pakistan, under the section 16 of PEPA 1997, Environmental Protection Order are sending to those persons responsible for such discharge, emission, disposal, handling, act or omission an opportunity of being heard, by order direct such person to take such measures that the Federal Agency or Provincial Agency may consider necessary within such period as may be specified in the order.


Appeal against enforcement and prohibition notices

In UK under the section 15 of UKEPA, the persons having authorization, and given enforcement and prohibition notices, may appeal against the decision of the enforcing authority to the Secretary of State (except where the decision implements a direction of his)

In Pakistan, under section 20 of PEPA, the persons receiving the environmental protection order, may appeal against to agencies through Environmental Tribunals

Type of Rules & Type of Rules & ImplementationImplementationAppointment and powers of Chief

inspectors and Director GeneralsIn UK, section 16, 17, 18, 19

define the appointment and powers of chief inspectors while in Pakistan, section 5, 6, 7,8 define the establishment and powers of Directors General and their Federal and Provincial Agencies


PublicityIn UK, under Section 20,21,22, It shall be the duty of each enforcing authority,

to maintain, in accordance with regulations made by the Secretary of State, a register containing prescribed particulars of, No information shall be included in a register maintained if and so long as, in the opinion of the Secretary of State, the inclusion in the register of that information, or information of that description, would be contrary to the interests of national security and No information relating to the affairs of any individual or business shall be included in a register maintained, without the consent of that individual or the person for the time being carrying on that business, respectively,

In Pakistan, under the section 6 of PEPA, the federal agency publish an annual National Environment Report The Federal Agency shall publish the proposed National Environmental Quality Standards for public opinion in accordance with the prescribed procedure; and under section 12, Every review of an environmental impact assessment shall be carried out with public participation and no information will be disclosed during the course of public participation and The Federal Agency shall maintain separate Registers for initial environmental examination and environmental impact assessment projects, which shall contain brief particulars of each project and a summary of decisions taken thereon, and which shall contain brief particulars of each project and a summary of decisions taken thereon, and which shall be open to inspection by the public at all reasonable hours and the disclosure of information in such Registers shall be subject to the restrictions


Offences and powers of High CourtsIn UK, under Section 23 and 24 of UKEPA, If the enforcing

authority is of the opinion that proceedings for an offence would afford an ineffectual remedy against a person who has failed to comply with the requirements of an enforcement notice or a prohibition notice, the authority may take proceedings in the High Court or, in Scotland, in any court of competent jurisdiction for the purpose of securing compliance with the notice

In Pakistan, under section 18 and 19, Where any contravention of this Act has been committed by a body corporate, and it is proved that such offence has been committed with the consent or connivance or, is attributed to any negligence on the part of, any director, partner, manager, secretary or other officer of the body corporate, such director, partner, manager, secretary or other officer of the body corporate, shall be deemed guilty of such contravention along with the body corporate and shall be punished and Where any contravention of this Act has been committed by any Government Agency, local authority or local council, and it is proved that such contravention has been committed with the consent or connivance of, or is attributable to any negligence on the part of the Head or any other officer of the Government Agency, local authority or local council, such Head or other officer shall also be deemed guilty of such contravention along with the Government Agency, local authority or local council and shall be liable to be proceeded against and punished accordingly respectively

On Ground situationOn Ground situationLegal backing is in Pakistan but the

problem is its implementationThe corruption level is higher in

PakistanThe appointment and transfer of DG at

higher Level in Pakistan, create problem in implementation

Unskilled appointed staffLack of Public trainings and awareness Lack of sense of Responsibility of stake

holdersUnchecked transports according to THE

Nation news Feb 16, 2010

On Ground situationOn Ground situation

Dawn 8 Sep 2009, Environment Protection Agency (Sepa), the Environmental Protection Tribunal (EPT), Karachi, on Thursday ordered issuance of a notice to the chief executive officer of a private company responsible for the construction of a multi-storey commercial building along the coastline in Clifton area.

On Ground situationOn Ground situationKARACHI, Dawn Feb 13 2010: The

Sindh environmental protection tribunal on Saturday framed charges against the owner of an ice factory for running the factory in a residential area of Lyari and allegedly causing environmental pollution and life risks for the residents in its neighborhood.

On Ground situationOn Ground situationISLAMABAD, Dawn Jan 28: Almost

every major development project completed in the Islamabad Capital Territory during the last three years was undertaken in violation of the Pakistan Environmental Protection Act (Pepa).

On Ground situationOn Ground situation Daily times, Jan 29 2010, CDA, PIMS mock environmental laws * Projects carried out in violation of Section 20 of

Environmental Act * Cases of 10 projects sent to environmental protection tribunal * 20 city projects declared in ‘violation’ of Environmental Act, NA told

Staff Report

ISLAMABAD: Capital Development Authority (CDA), Pakistan Institute of Medical Sciences (PIMS) and several other private and semi-government organizations are flagrantly violating the environmental codes of the Ministry of Environment, it was disclosed in the National Assembly on Thursday.

According to the details presented in the National Assembly (NA) session by Federal Environment Minister Hamidullah Jan Afridi on Thursday, the Environment Ministry had declared about 20 projects, including the national monument constructed during Musharraf era, against the Environmental Act and sent 10 projects to the Tribunal of Environmental Protection.

On Ground situationOn Ground situation

The other projects declared against the environmental act include F-9 Park, Rawal Dam Recreational Park, National Monument, beautification of Daman-e-Koah, 7th and 9th Avenues, Telecom Tower, State Life building, Cultural Complex, Parade Avenue near Faizabad, Garden Avenue, Pak-China Cultural Complex, China Chowk Underpass, Faisal Avenue Underpass and overhead bridge, extension of Islamabad Expressway, extension of Jinnah Avenue, construction of Petroleum House, construction of NESPAK Tower, Zero Point Interchange, installation of west incinerator in PIMS and Naval Complex Golf project.

He said about 20 projects had been carried out in violation of Section 20 of the Environmental Act. He said environmental approval was must before the start of construction work on any project, which was not sought. He said cases of 10 projects were sent to the tribunal of environmental protection where they were pending.

The 10 cases sent to the tribunal included F-9 Park, Rawal Dam Recreational Park, National Monument, Beautifion of Daman-e-Koah, 7th and 9th Avenue, Faisal Avenue Underpass and overhead bridge, extension of Islamabad Express Highway, extension of Jinnah Avenue, Pir Sohawa Minal Restaurant and installation of west incinerator in PIMS

On Ground situationOn Ground situationDawn, Monday 19,2009, In an

unprecedented move, the Supreme Court has referred a public interest petition regarding pollution in Islamabad’s Rawal Lake to the environmental tribunal. The court observed that the environmental protection tribunals (EPTs) created under the Pakistan Environmental Protection Act 1997 should be activated to deal with such cases.

On Ground situationOn Ground situationDawn 11 Dec 2009, KARACHI: The Sindh

High Court on Thursday directed the Defence Housing Authority to consider the carpeting of the service road and the area under the Gizri flyover between 2am and 6am so that at least the service road could be utilised by the affected residents of Khyaban-i-Hafiz. Petitioners’ counsel Advocate Haider Waheed contended that the flyover could not be opened until the conditions were met as mentioned in an order passed by the Sindh Environmental Protection Agency (Sepa) on Aug 15, 2009 because the Sepa order had become final in terms of an order passed by the Supreme Court on March 4, 2009 in a civil petition.

On Ground situationOn Ground situationLack of Equiptnments,Dawn Friday, 05 Jun, 2009 | 05:44

AM PST ... Protection Agency (EPA) is yet to take action against violation of. Pakistan Environmental Protection Act (PEAP) 1997. It lacks equipments, trained staff and other related infrastructure. The EPA officials merely issue notices to violators of environmental laws.

On Ground situationOn Ground situationThe levying of a penalty for

environmental violations by industry in the form of a ..... Dawn, “Producing Petrol from Molasses,” June 27, 2005. ... Pak-EPA Compendium of Environmental Law, Pakistan Environmental Protection ...