Khyber Pakhtunkhwa

Khyber Pakhtunkhwa Environmental Protection Act 2014

The Act provides for the protection, conservation, rehabilitation and improvement of the environment, monitoring, prevention and control of pollution, and promotion of sustainable development in the Province of the Khyber Pakhtunkhwa. Section 3 establishes the Khyber Pakhtunkhwa Environmental Protection Council while Section 4 details the functions and powers of the Council. The Council is mainly mandated to coordinate, supervise and support enforcement of the provisions of this Act and rules made thereunder. Section 5 establishes the Khyber Pakhtunkhwa Environmental Protection Agency to exercise the powers and perform the functions assigned to it under the provisions of this Act. Section elaborates on the functions of the Agency and Section 7 highlights the powers of the Agency. Section 8 pertains to the establishment of the Khyber Pakhtunkhwa Environmental Improvement Fund, in addition to sources which the fund shall comprise of. The Act also constitutes the Khyber Pakhtunkhwa Environmental Improvement Fund under Section 9 and later deals with strategic environmental assessment, prohibition of import of hazardous waste, handling of hazardous waste and regulation of motor vehicles in the province. 

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Khyber Pakhtunkhwa Environmental Assessment Rules 2021

The Rules have been formulated by the Government of Khyber Pakhtunkhwa under Section 31 of the Khyber Pakhtunkhwa Environmental Protection Act 2014. Section 3 pertains to application for screening and scoping of projects. Section 4 states that where a project falls within the categories mentioned in Schedules-II, III and IV, the proponent shall file Environmental Impact Assessment (EIA) or Initial Environmental Examination (IEE) or General Environmental Approval (GEA) respectively, with the Agency. Section 5 states where the project does not fall within the categories as mentioned in Schedule-II, III and IV and the Agency is of the opinion that said project may create an environmental hazard, the Agency shall direct the proponent to file an EIA, IEE or GEA, as the case may be. The pursuant sessions deal with review fees, preliminary scrutiny, review, public participation, conditions of approval, confirmation of compliance and cancellation of approval. 

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The Khyber Pakhtunkhwa Prohibition of Non-Biodegradable Plastic Products and Regulation of Oxo-Biodegradable Plastic Products Rules 2017 

The Rules have been formulated by the Government of Khyber Pakhtunkhwa under Section 31 of the Khyber Pakhtunkhwa Environmental Protection Act 2014. Section 3 highlights the prohibition on the manufacture, sale and use of non-biodegradable plastic products. Moreover, no person shall import, manufacture, stockpile, trade, supply, distribute, sell or use any non-biodegradable plastic products. A company or manufacturer shall not sell, distribute or import any prodegradant additive without registration with the Agency. Section 5 pertains to manufacturing oxo-biodegradable plastic products, while pursuant sections pertain to identification of oxo-biodegradable plastic products and penalties for contravention of provisions ordained in the Act and Rules. 

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