Balochistan

Balochistan Environmental Protection Act 2012

The Act provides for the protection, conservation, rehabilitation and improvement of the environment, including the prevention and control of pollution, and promotion of sustainable development. It extends to the whole Province of Balochistan except Tribal Areas. The Act establishes the following obligations: Prohibition of import of hazardous and electronic Wastes; Solid and Waste Management Licence; Water Resources Management; Motor vehicles; Alien Species and Living Modified Organisms. The following onshore and offshore activities units shall be monitored strictly to prevent the pollution and environmental degradation: a) Ports and shipping; b) Fisheries; c) Ship dismantling; d) Shipping Traffic (Oil Tankers & Vessels) & dredging; e) Oil and gas mineral exploration; f) Coastal power plants and Energy sector; g) Oil refineries and Industries. In addition, it establishes composition and duties of the Balochistan Environmental Protection Council responsible to: coordinate and supervise enforcement of the provisions of this Act; approve comprehensive environmental policies and ensure their implementation within the framework of a National/Balochistan conservation strategy as may be approved by the Federal/Provincial Government from time to time; approve the Environmental Quality Standards; provide guidelines for the protection and conservation of species, habitats, and biodiversity in general, and for the conservation of renewable and non-renewable resources; coordinate integration of the principles and concerns of sustainable development into development plans and policies.

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Balochistan Bio Safety Rules 2020

These Rules are applicable to manufacture, import and storage of micro-organism and gene technological products for research whether conducted in laboratories of teaching and research, research and development institutes or private companies involved in the use and application of genetically modified organisms and the products thereof. Section 4 establishes the Biosecurity Committee and specifies its composition. Section 5 details the functions of the Biosafety Committee which mainly involves establishing standards and procedures for risk assessment and labelling of living modified organisms, substances, or cells and products thereof. Section 6 establishes the Technical Advisory Committee, while its functions are detailed in Section 7. The Rules further deal with risk assessments and risk management, decision making and communication of decision, grant of licence, import of living modified organisms and other related matters. 

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Balochistan Environmental Pollution Charge for Industry (Calculation and Collection) Rules 2020

These Rules set out provisions for determination of a pollution charge for industries. Section 2 pertains to determination of pollution charge payable by an industrial unit. Section 3 states that an industrial unit liable to pay the pollution charge shall itself be responsible for ensuring the correct calculation, reporting and payment of the pollution charge. Section 4 highlights the procedure for determination of pollution level. Section 5 pertains to the mechanism for calculation and payment. The pursuant Sections deal with cost of determination of pollution level, and collection through industrial associations and chambers of commerce and industry. Schedule I pertains to guidelines for determination of pollution charge for industry. 

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Balochistan Environmental Protection (Administrative Penalty) Rules 2020 

These Rules set out administrative penalties to be imposed by the Director General or the Authorised Officer. As per Section 3(1),  Subject to sub-rule (2), where the Director General or the authorised officer is of the opinion that a person has contravened any provision of the Act, the Director General or the Authorised Officer may issue such person a notice, in Form A of Schedule-I, to show cause as to why the person should not pay to the Provincial Agency an Administrative Penalty as per amount set out in the notice in accumulative form based on the calculation made for each day against which the contravention continues. Section 4 pertains to notice for payment of administrative penalty, and Section 5 specifies the amount of administrative penalty.  

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Balochistan Environmental Protection (BTS) Regulations 2020

These Regulations dictate the manner in which an IEE form and the BTS of the project is to be filled and submitted by proponents. Section 3 pertains to preparation of IEE form for BTS, it states that the proponent shall fill up the IEE Form of the BTS project site in accordance with the requirements of the checklist. The pursuant Section states that the  proponent of a BTS project shall deposit an amount of twenty five thousand rupees as a non-refundable review fee in the designated account of the Government exchequer at the time of submission of the IEE Form along with the application Form contained in Schedule-II. Section 6 pertains to review, and conditions of approval. 

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Balochistan Environmental Protection (Motor Vehicles) Rules 2020

These Rules determine administrative penalties for persons in contravention of subsection (7) of section 5 of the Balochistan Environmental Protection Act 2012.  As per Section 3, a person shall not operate a motor vehicle from which air pollutants or noise are being emitted in an amount, concentration or level which is in excess of the Environmental Quality Standards or where applicable the standards established under the Act. Section 4(1) states that an  authorised officer may inspect, examine or check any motor vehicle or class of motor vehicles at any time in his area of jurisdiction. 

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Balochistan Environmental Sample Rules 2020

These Rules describe entry, inspection and search mechanisms for an authorised person to adopt when he is satisfied that the circumstances in a place require issuance of an Environmental Protection Order. As per Section 3, functions and powers specified in these rules including powers under clauses (g), (h), (i) and (j) of section 7, may be performed and exercised by any person duly authorised by the Director General in this behalf, under sub-section (5) of Section 5 of the Act. Section 4 pertains to entry and inspection, it states that an authorised person shall, before entering any place, record in writing the reasonable grounds leading him to believe that an offence under the Act has been or is being committed therein. Section 5 deals with mechanisms of search by an authorised person. As per Section 6, where on entry, inspection or search of any place, an authorised person is satisfied that the circumstances in such place require issue of an Environmental Protection Order in respect thereof, he shall immediately inform the Director General in writing, for initiation of necessary action in accordance with the provisions of section 21. The pursuant sections elaborate on samples.

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Balochistan Environmental Tribunal Rules, 2020

These Rules establish the Environmental Tribunal for Balochistan. They elaborate on the terms of office, qualifications of members, salary and privileges of members and different branches of the Tribunal.  Section 3 pertains to the term of office of the Chairperson and members of the Tribunal, while the pursuant section elaborates on the qualification of the member. Section 5 discusses the salary, allowances and privileges of the members. The pursuant sections deal with oath of office, benches of tribunal, transfer of cases, staff of the tribunal, and seal of the tribunal. As per Section 13, the Code of Criminal Procedure, 1898 (Act V of 1898) shall apply to proceedings before the Tribunal relating to trial of offences under Section 17. 

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Balochistan Hazardous Substances Rules 2020

The Rules primarily pertain to environmental impact assessment, issuance of a licence, and general safety precautions of a project or an industrial activity. Section 2 states that substances listed in Schedule I are prescribed as hazardous substances. An application for grant of licence under Section 14 PEPA 1997 (amended, 2012) shall be filed in Form A of Schedule II along with requisite documents given in said Schedule to the Notified Officer along with receipt of payment of prescribed fee at the rate specified in Schedule III. As per Section 5, an application for grant of licence under Section 14 PEPA 1997 (amended, 2012) shall be filed in Form A of Schedule II along with requisite documents given in said Schedule to the Notified Officer along with receipt of payment of prescribed fee at the rate specified in Schedule III. The pursuant sections deal with preliminary scrutiny, review, issuance of licence, and conditions of licence. 

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Balochistan Hospital Waste Management Rules 2020

These Rules provide for the sustainable disposal of hospital waste. As per Section 3, it is the responsibility of every hospital, public or private, to ensure proper management of the waste generated by it till its final disposal in accordance with the provisions of the Act and the Rules. Section 4 establishes the Hospital Waste Management Team, while the pursuant Section details the responsibilities of the team. Section 15 states that a  waste management plan shall be prepared by the waste management officer for approval by the hospital waste management team and shall be based on internationally recognized environment management standards such as the international organisation for standardisation series. The pursuant sections pertain to waste segregation, waste collection, waste transportation, waste storage, and waste disposal.  

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Balochistan Poultry Regulations 2020

These Rules assess quantitative and qualitative impacts of poultry projects for obtaining environmental approval. As per Section 3, the proponent shall submit IEE Performa for the Poultry project, in accordance with the requirements of the checklist. All relevant details reflecting qualitative and quantitative impacts of the poultry project shall be incorporated in IEE Performa, whose completeness or otherwise, shall be confirmed by the District Officer (Environment) or any other officer of the Provincial Agency authorised as such by the Director General. The pursuant sections deal with filing of application for obtaining environmental approval, processing of application, conditions of approval, cancellation of approval and application of IEE/EIA regulations. 

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Balochistan Quality Standards for Noise 2020

The standards specify a silence zone, in addition areas which cannot be distinguished on the basis of being Commercial, Industrial or Residential and which are the mixed of them, such areas can be declared all as Residential Areas and Noise protocols of Residential Area shall apply therein. 

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Balochistan Environmental Protection Agency Review of Initial Environmental Examination and Environmental Impact Assessment Regulations, 2020.

These Rules pertain to environmental approval of projects listed in its Schedules. As per Section 3, a proponent of a project falling in any of the categories listed in Schedule I shall file an IEE with the Agency, and the provisions of Section 12 shall apply to such project. A proponent of a project falling in any of the categories listed in Schedule II shall file an EIA with the Agency, and the provisions of Section 12 shall apply to such project.  Section 5 deals with projects requiring IEE proforma, while pursuant sections pertain to other projects requiring an IEE or EIA. Section 11 discusses the bounds of public participation. 

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Balochistan Environmental Protection(Registration of Environmental Consultants) Regulations, 2021

The Rules have been formulated by the Government of Balochistan under powers conferred by Section 39 of Balochistan Environmental Protection Act 2012. Section 3 pertains to environmental assessments to be prepared by registered consultants only. Section 4 highlights the mechanism for application for registration. Section 5 establishes the Consultant Registration Advisory Committee comprising of a Director nominated by the Director General who shall also be the Convener of the Committee, a Deputy Secretary nominated by the Secretary one representative each from Finance and Planning and Development Departments, two recognized experts and one civil society activist dealing with environment, protection to make recommendations to the Director General on registration of consultants and other matters under these regulations. The pursuant sections deal with registration of consultants by Director General, undertaking a technical review, and performance evaluation of the consultants. 

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The Balochistan Environmental Protection Agency (Review Of IEE and EIA) Regulations 2020

These Rules pertain to review mechanisms of IEE and EIA files submitted by projects. Section 3 states that a proponent of a project falling in any of the categories listed in Schedule I shall file an IEE with the Agency, and the provisions of Section 12 shall apply to such project. Section 4 specifies the projects requiring an EIA, and the pursuant Section pertains to projects requiring an IEE proforma. As per Section 7(1), the Agency may issue guidelines for preparation of an IEE or an EIA, including guidelines of general applicability, and sectoral guidelines indicating specific assessment requirements for planning, construction, and operation of projects relating to a particular sector. Section 8 pertains to a nonrefundable review fee and annual renewal fee to the agency. Section 11 deals with public participation, and the pursuant Section elaborates on the review mechanism. 

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The Balochistan Environmental Quality Standards (Certification of Environmental Laboratories) Regulations, 2020

These Rules aim to uphold quality control of environmental laboratories. Section 3 lays down the functions of an environmental laboratory, while the pursuant section pertains to application for certification of any  laboratory which fulfils the criteria laid down in regulation 5 may make an application in the form set out in Schedule-I, to the Agency for certification as an environmental laboratory. Section 5 highlights the criteria for certification, while the pursuant section pertains to scrutiny of application for certification. Section 7 details the procedure of decision on an application, while Section 8 pertains to the issue of certificate. The conditions of certification are laid out in Section 9. 

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The Balochistan Environmental Quality Standards (Self-Monitoring and Reporting by Industry) Rules, 2014

These Rules elaborate on monitoring mechanisms for all industrial units. As per Section 3, all industrial units shall be responsible for correct and timely submission of Environmental Monitoring Reports to the Agency. Section 4 classifies the industrial units on  the basis of the pollution level of an industrial unit, the Director General shall classify the unit into category “A”, “B” or “C” for liquid effluents, and category “A” or “B” for gaseous emissions. Section 10 states that sampling, testing and analysis of effluents, gaseous emissions and waste shall be carried out in accordance with the Environmental Samples Rules, 2020. The pursuant Section pertains to monitoring conditions of the EIA approval. 

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Balochistan Environmental CSR Policy 2021 (Draft)

The Policy aims to fund environmental projects through the component budget of CSR of companies, firms, consortia etc which are within the territorial jurisdiction of the Province. The Policy aspires to achieve environmental conservation and promotion by protecting the biodiversity of the province through collective efforts by sustainable projects and expenditure on the environmental sector. The Policy makes it mandatory on all the units, companies, individuals etc to which this Policy applies for half (50%) of their ultimate and final CSR budget to be reserved, earmarked and dedicated for making expenditures on environmental conservation as per this Policy. The Policy addresses the mandatory provisions for the preservation of the environment as provided in Balochistan Environmental Protection Act 2012, which regulates the environmental issues. The Policy aspires to promote sustainable development in the overall functioning of the governance system through environmental sensitivity and respect for the preservation of nature. 

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