Punjab
The Punjab Environmental Protection Act 1997
The Act provides for the protection, conservation, rehabilitation and improvement of the environment, for the prevention and control of pollution, and promotion of sustainable development. Section 3 establishes the Punjab Environmental Protection Council, and specifies its composition. Section 4 details the functions and powers of the Council including coordinating and supervising the enforcement of the Act and approving comprehensive national environmental policies among other functions. The Provincial Environmental Protection Agency has been established under Section 5 of the Act, followed by its functions and duties highlighted in Section 6. The Act also creates the Provincial Sustainable Development Fund and specifies the manner of its management. The Act has detailed provisions regarding initial environmental examination and environmental impact assessment, handling of hazardous substances, regulation of motor vehicles, and environmental protection order.
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The Punjab Prohibition on Manufacture, Sale, Use and Import of Polythene Bags (Black or Any Other Polythene Bag Below Fifteen Micron Thickness) Ordinance, 2002
The Ordinance aims to prohibit manufacture, sale, use and import of black polythene bags or any other polythene bag below fifteen micron thickness in the Province of Punjab. Section 3 states that no person shall manufacture, sell, use or import black polythene bags or any polythene bag below fifteen micron thickness or offer any kind of eatable and non-eatable goods in any black polythene bag or any polythene bag below fifteen micron thickness. The Ordinance also lists penalties for prohibited acts under the Ordinance, and lists the powers of the Environmental Agency of the province to make rules to carry out the purpose of this Ordinance.
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The Punjab Environmental Protection (Delegation of Powers for Environmental Approvals) Rules, 2017
The Rules have been formulated by the Governor of Punjab under powers granted by Section 31 of the Punjab Environmental Protection Act, 1997. Section 6 of the Rules establishes an Environmental Approval Committee to consider environmental assessment in the light of findings of the review carried out under Section 5 and, in appropriate cases, the committee may grant environmental approval. Section 7 highlights the conditions for approval, followed by monitoring and cancellation of approval. Section 12 details the powers of the agency to grant environmental approvals. The appeal mechanism for any person aggrieved by an order of the direction of committee under this Act can be filed before the Environmental Tribunal within thirty days of the date of the receipt of the impugned order or direction.
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The Punjab Environmental Protection (Registration of Environmental Consultants), Regulations 2017
The Rules have been formulated by the Governor of Punjab under powers granted by Section 33 of the Punjab Environmental Protection Act, 1997. Section 3 states that all environmental assessments are to be prepared by registered consultants only. Section 4 states that all applications to register as a consultant or to renew such registration shall be made to the Director General in such form and manner as may be given in the guidelines. Section 5 establishes the consultant registration advisory committee. Section 9 pertains to performance evaluation of consultants against basic parameters and any other parameters that may be prescribed by the Secretary at least once every calendar year or as and when required by the Director General. Section 11 highlights the code of conduct for consultants, and states that any violation of the code of conduct shall constitute misconduct by the consultant for the purpose of regulation 12.
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Punjab Environmental Protection Council (Procedure) Rules, 2016
The Rules have been formulated by the Governor of Punjab under powers granted by Sub-section 3 of Section 3 of the Punjab Environmental Protection Act, 1997. Section 3 pertains to meetings of the Council which are to be called upon approval by the chairperson. Section 4 states that the business at a meeting of the council shall be transacted according to the agenda of the meeting though the chairperson may permit discussion and consideration of any matter not included in the agenda. Section 5 elaborates on invitation of experts and representatives of other organisations to assist the Council in disposal of its business.
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The Punjab Bio-safety Rules, 2014
The Rules have been formulated by the Governor of Punjab under powers granted by Section 31 of the Punjab Environmental Protection Act, 1997. Section 2 lists down the activities where these Rules would apply. Section 4 establishes the Biosafety Committee consisting of the Secretary to Government, Environment Protection Department as Chairperson in addition to other members acting as representatives of related departments. Section 5 sets out the functions of the Biosafety Committee which include establishing standards and procedures for risk assessment and labelling of living modified organisms, substances or cells and the products thereof. Section 6 establishes the Technical Advisory Committee, while Section 7 discusses its functions at length. The Rules further deal with risk assessment and risk management, decision making and communication of decision in addition to import of living modified organisms and permission and approval of certain substances.
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The Punjab Hospital Waste Management Rules, 2014
These Rules are enacted in accordance with the Section 31 of the Punjab Environment Protection Act, 1997. Section 3 states that every hospital, public or private, is responsible for the 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 which shall be responsible for preparation, monitoring, periodic review, revision, or updating if necessary and implementation of the waste management plan, and for supervision of all actions taken in compliance with the provisions of these rules. Section 15 pertains to the waste management plan which is to be prepared by the waste management officer and must be approved by the hospital waste management team based on internationally recognized environmental management standards such as the international organisation for standardisation series.
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Punjab Environmental Protection (Motor Vehicles) Rules, 2013
These Rules are enacted in accordance with Section 31 of the Punjab Environment Protection Act, 1997. Section 3 states that 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 clause (g) of subsection (1) of section 6 of the Act. Section 4 highlights the enforcement procedure where 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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The Punjab Environmental Protection Administrative Penalty Rules, 2013
These Rules are enacted in accordance with the Section 31 of the Punjab Environment Protection Act, 1997. The provisions of these Rules state that when 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 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. A Show Cause Notice for payment of administrative penalty shall not be issued by the Director-General or the Authorised Officer, under sub-rule (1) relating to a contravention in respect of which a complaint has already been filed in the Environmental Tribunal or before the Environmental Magistrate.
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The Punjab Environmental Protection Base Transceiver Station (BTS) Regulations, 2012
These Rules are enacted by the Governor of Punjab in accordance with the Section 33 of the Punjab Environment Protection Act, 1997. Section 3 pertains to the preparation of IEE (a form filled in by the proponent or by an authorised agent of the proponent corresponding or explaining details required by the provincial Agency as incorporated in Schedule I for purposes of review) form for BTS. Section 4 pertains to the review fee which is specified at an amount of fifteen 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. The pursuant sections detail out the process of filing an IEE form, the decision on IEE form and its approval.
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The Punjab Prohibition on Manufacture, Sale, Use and Import of Polythene Bags (Black or Any Other Polythene Bag Below Fifteen Micron Thickness) Rules, 2004
These Rules have been formulated by the Governor of Punjab in exercise of powers granted by Section 6 of the Punjab Prohibition on Manufacture, Sale, Use and Import of Polythene Bags (Black or any other Polythene Bag below fifteen micron thickness) Ordinance, 2002. Section 3 pertains to a formal investigation and states that on receipt of an application from any person, or on his own accord in presence of sufficient reasons to believe, regarding violation of section 3 of the Ordinance, the Officer Incharge shall register the application and initiate formal investigation. Section 5 states that an Officer Incharge or Inspector shall have power to enter and inspect the unit or its production, stock, manufacturing, sale point, delivery, transportation and documentary record, exhibition and displays or any other concerned activity, subject to existence of reasonable grounds to believe about the commission or likely to be commissioned offence under the Ordinance. Section 6 pertains to a search warrant if reasonable grounds exist and Officer Incharge is satisfied either about commission of offence or its likelihood in public or private premises and if Officer Incharge thinks inevitable to procure reasonable evidence through search warrant he may be filing a written application before the court of jurisdiction get the search warrants issued under the Code of Criminal Procedure, 1898.
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The Provincial Sustainable Development Fund (Utilization) Rules, 2003
These Rules are enacted by the Governor of Punjab in accordance with the Section 31 of the Punjab Environment Protection Act, 1997. Section 3 pertains to filing of project proposals for sanction of financial assistance from the fund. Section 4 specifies that the Secretary will carry out a preliminary examination of the project proposal, and if it is found to be eligible for financial assistance under sub-section (3) of section 9, shall admit the project for detailed appraisal and require the proponent to pay project examination fee at rates mentioned in Schedule II. Section 5 highlights the criteria for sanction of financial assistance. Section 6 states that the Board may sanction financial assistance for any project, subject to such terms and conditions as it may deem fit in the circumstances of each case, including conditions relating to mode and period for utilisation of the assistance, and security for repayment. As per Section 8, all projects financed from the Fund shall be regularly monitored by an Implementation Committee constituted by the Board.
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The Provincial Sustainable Development Fund Board (Procedure) Rules, 2001
These Rules are enacted by the Governor of Punjab in accordance with the Section 31 of the Punjab Environment Protection Act, 1997. As per Section 3, the Board shall meet at the provincial capital, or any other place specified by the Chairperson or approved by the Board, at least once in each quarter. Section 4 pertains to the agenda of meetings listing the matters or business to be brought before the meeting, along with an explanatory memorandum or working paper for each matter prepared by the proposers, shall be communicated in writing to the members by the Secretary alongwith the notice of the date and place of the meeting (mentioned in sub rule (2) of rule 3). Section 7 specifies the process for inviting experts.
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The Environmental Samples Rules, 2001
These Rules are enacted by the Governor of Punjab in accordance with the Section 31 of the Punjab Environment Protection Act, 1997. As per Section 3, functions and powers specified in these rules including powers under clauses (g), (h), (i) and (j) of section 7 of the Act of the Federal Agency or of a Provincial Agency if delegated to it, 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 by an authorised person upon reasonable grounds. Section 6 states that where an authorised person considers it necessary to search for an article of the nature specified in clause (b) of sub-rule (2) of rule 4, he may apply to the Environmental Tribunal or Environmental Magistrate having jurisdiction for a search-warrant, specifying in his application, to the extent possible, the article for which search is to be made. The Act further details the procedure for taking samples, dispatch of samples, detailed sampling procedures and test and analysis of samples.
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The National Environmental Quality Standards (Self-Monitoring and Reporting by Industry) Rule, 2001
These Rules are enacted by the Governor of Punjab in accordance with the Section 31 of the Punjab Environment Protection Act, 1997. As per Section 3, all industrial units shall be responsible for correct and timely submission of Environmental Monitoring Reports to the Federal Agency. The pursuant sections pertain to classification of industrial units on the basis of the pollution level of an industrial unit. The Director-General is to classify the unit into category “A”, “B”, or “C” for liquid effluents, and category “A” or “B” for gaseous emissions. Section 9 highlights the contents of the Environmental Monitoring Report. The pursuant sections deal with sampling, testing, and analysis, and compilation, analysis, and management of data.
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The Pollution Charge for Industry (Calculation & Collection) Rules, 2001
These Rules are enacted by the Governor of Punjab in accordance with the Section 31 of the Punjab Environment Protection Act, 1997. Section 3 states that the pollution charge payable by an industrial unit shall be determined in accordance with the Guidelines. As per Section 4, 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 5 pertains to determination of pollution level, while Section 6 discusses its calculation and payment. Schedule I pertains to the guidelines for determination of pollution charge for Industry.
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Review of IEE and EIA Regulations, 2000
These Rules are enacted by the Governor of Punjab in accordance with the Section 33 of the Punjab Environment Protection Act, 1997. As per Section 3, a proponent of a project falling in any category specified in Schedule I shall file an IEE with the Federal Agency, and the provisions of section 12 shall apply to such project. Section 4 states that a proponent of a project falling in any category specified in Schedule II shall file an EIA with the Federal Agency, and the provisions of section 12 shall apply to such project. Section 5 highlights other projects requiring an IEE or EIA. The pursuant sections pertain to preparation of IEE and EIA, the filing of IEE and EIA, preliminary scrutiny and public participation.
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The National Environmental Quality Standards (Certification of Environmental Laboratories) Regulations, 2000
These Rules are enacted by the Governor of Punjab in accordance with the Section 33 of the Punjab Environment Protection Act, 1997. Section 3 highlights the functions of environmental laboratories, one of which is to test and analyse samples of air, water, soil, effluents or wastes sent to it by any factory or any person authorised by the Federal Agency or a Provincial Agency to determine whether such samples comply with the National Environmental Quality Standards. Section 4 pertains to the application for certification of a laboratory, while the pursuant section pertains to criteria for certification. Section 6 states the manner in which every application for certification is to be scrutinised by the Committee. The Act further deals with decision of application, the issue of certificate, conditions of certification and all matters pertaining to certification.
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Policy on Controlling Smog 2017
The Policy discusses the reasons behind the formation of dense smog in the Punjab, especially in Lahore and its environs, on the onset of winters each year and provide a short and medium to long term plan, including measure for protection of school going children; minimising road accidents and creating mass awareness on precautionary measures for citizens at large. This Policy derives its authority from the Punjab Environmental Protection Act 1997 and the Pakistan Penal Code. Accordingly, the main responsibility to implement this policy shall rest upon Environment Protection, Education, Home, Agriculture, Industries, Local Government, Primary and Secondary Health, Information Departments of the Government of the Punjab, Inspector General Police, Environmental Protection Agency and their field agencies.
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Regulation of Disclosure of Environmental Information and Citizen Engagement, 2020
The regulations have been formulated to standardise and regulate the functions of the Environmental Protection Agency of Punjab envisaged in Clause (o) of Subsection (1) of Section 6 of the Punjab Environmental Protection Act 1997. Section 3 states that each activity, campaign etc shall be documented and will be placed on the official website of EPA/EPD and its Library both in paper and in electronic form. Section 4 pertains to arrangement for public disclosure of environmental information. Section 5 highlights the mechanism for nomination of environmental information officers by the Director General. Part II deals with citizen engagement including grievance redressal mechanism.
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