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Default Environmental governance

PAKISTAN ENVIRONMENTAL PROTECTION AGENCY (REVIEW OF IEE AND EIA) REGULATIONS, 2000

S.R.O. 339 (1)/2001. - In exercise of the powers referred by section 33 of the Pakistan Environmental Protection Act, 1997 (XXXIV of 1997), Pakistan Environmental Protection Agency, with the approval of the Federal Government is pleased to make the following Rules, namely : -

1. Short title and commencement
(1) These regulations may be called the Pakistan Environmental Protection
Agency Review of Initial Environmental Examination and Environmental Impact
Assessment Regulations, 2000.
(2) They shall come into force at once.

2. Definitions
(1) In these regulations, unless there is anything repugnant in the subject or
context –
(a) “Act” means the Pakistan Environmental Protection Act, 1997
(XXXIV of 1997);
(b) “Director-General” means the Director-General of the Federal
Agency;
(c) “EIA” means an environmental impact assessment as defined in
section 2(xi);
(d) “IEE” means an initial environmental examination as defined in
section 2(xxiv); and
(e) “section” means a section of the Act.
(2) All other words and expressions used in these regulations but not defined
shall have the same meanings as are assigned to them in the Act.

3. Projects requiring an IEE
A proponent of a project falling in any category listed in Schedule I shall file an IEE with the Federal Agency, and the provisions of section 12 shall apply to such project.

4. Projects requiring an EIA
A proponent of a project falling in any category listed in Schedule II shall file an EIA with the Federal Agency, and the provisions of section 12 shall apply to such project.

5. Projects not requiring an IEE or EIA
(1) A proponent of a project not falling in any category listed in Schedules I
and II shall not be required to file an IEE or EIA:
Provided that the proponent shall file –
(a) an EIA, if the project is likely to cause an adverse environmental
effect;
(b) for projects not listed in Schedules I and II in respect of which the
Federal Agency has issued guidelines for construction and
operation, an application for approval accompanied by an
undertaking and an affidavit that the aforesaid guidelines shall be
fully complied with.
(2) Notwithstanding anything contained in sub-regulation (1), the Federal
Agency may direct the proponent of a project, whether or not listed in
Schedule I or II, to file an IEE or EIA, for reasons to be recorded in such
direction:
Provided that no such direction shall be issued without the
recommendation in writing of the Environmental Assessment Advisory
Committee constituted under Regulation 23.
(3) The provisions of section 12 shall apply to a project in respect of which an
IEE or EIA is filed under sub-regulation (1) or (2).

6. Preparation of IEE and EIA
(1) The Federal 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 particular sector.
(2) Where guidelines have been issued under sub-regulation (1), an IEE or
EIA shall be prepared, to the extent practicable, in accordance therewith
and the proponent shall justify in the IEE or EIA any departure therefrom.

7. Review Fees
The proponent shall pay, at the time of submission of an IEE or EIA, a nonrefundable Review Fee to the Federal Agency, as per rates shown in Schedule III.

8. Filing of IEE and EIA
(1) Ten paper copies and two electronic copies of an IEE or EIA shall be filed
with the Federal Agency.
(2) Every IEE and EIA shall be accompanied by –
(a) an application, in the form prescribed in Schedule IV; and
(b) copy of receipt showing payment of the Review Fee.

9. Preliminary scrutiny
(1) Within 10 working days of filing of the IEE or EIA, the Federal Agency
shall –
(a) confirm that the IEE or EIA is complete for purposes of initiation
of the review process; or
(b) require the proponent to submit such additional information as may
be specified; or
(c) return the IEE or EIA to the proponent for revision, clearly listing
the points requiring further study and discussion.
(2) Nothing in sub-regulation (1) shall prohibit the Federal Agency from
requiring the proponent to submit additional information at any stage
during the review process.

10. Public participation
(1) In the case of an EIA, the Federal Agency shall, simultaneously with issue
of confirmation of completeness under clause (a) of sub-regulation (1) of
Regulation 9, cause to be published in any English or Urdu national
newspaper and in a local newspaper of general circulation in the area
affected by the project, a public notice mentioning the type of project, its
exact location, the name and address of the proponent and the places at
which the EIA of the project can, subject to the restrictions in sub-section
(3) of section 12, be accessed.

(2) The notice issued under sub-regulation (1) shall fix a date, time and place
for public hearing of any comments on the project or its EIA.
(3) The date fixed under sub-regulation (2) shall not be earlier than 30 days
from the date of publication of the notice.
(4) The Federal Agency shall also ensure the circulation of the EIA to the
concerned Government Agencies and solicit their comments thereon.
(5) All comments received by the Federal Agency from the public or any
Government Agency shall be collated, tabulated and duly considered by it
before decision on the EIA.
(6) The Federal Agency may issue guidelines indicating the basic techniques
and measures to be adopted to ensure effective public consultation,
involvement and participation in EIA assessment.

11. Review
(1) The Federal Agency shall make every effort to carry out its review of the
IEE within 45 days, and of the EIA within 90 days, of issue of
confirmation of completeness under Regulation 9.
(2) In reviewing the IEE or EIA, the Federal Agency shall consult such
Committee of Experts as may be constituted for the purpose by the
Director-General, and may also solicit views of the sectoral Advisory
Committee, if any, constituted by the Federal Government under subsection
(6) of section 5.

(3) The Director-General may, where he considers it necessary, constitute a
committee to inspect the site of the project and submit its report on such
matters as may be specified.
(4) The review of the IEE or EIA by the Federal Agency shall be based on
quantitative and qualitative assessment of the documents and data
furnished by the proponent, comments from the public and Government
Agencies received under Regulation 10, and views of the committees
mentioned in sub-regulations (2) and (3) above.

12. Decision
On completion of the review, the decision of the Federal Agency shall be
communicated to the proponent in the form prescribed in Schedule V in the case of an IEE, and in the form prescribed in Schedule VI in the case of an EIA.

13. Conditions of approval
(1) Every approval of an IEE or EIA shall, in addition to such conditions as
may be imposed by the Federal Agency, be subject to the condition that
the project shall be designed and constructed, and mitigatory and other
measures adopted, strictly in accordance with the IEE/EIA, unless any
variation thereto have been specified in the approval by the Federal
Agency.
(2) Where the Federal Agency accords its approval subject to certain
conditions, the proponent shall –
(a) before commencing construction of the project, acknowledge
acceptance of the stipulated conditions by executing an
undertaking in the form prescribed in Schedule VII;
(b) before commencing operation of the project, obtain from the
Federal Agency written confirmation that the conditions of
approval, and the requirements in the IEE/EIA relating to design
and construction, adoption of mitigatory and other measures and
other relevant matters, have been duly complied with.

14. Confirmation of compliance
(1) The request for confirmation of compliance under clause (b) of subregulation (2) of Regulation 13 shall be accompanied by an Environmental Management Plan indicating the measures and procedures proposed to be taken to manage or mitigate the environmental impacts for the life of the project, including provisions for monitoring, reporting and auditing.
(2) Where a request for confirmation of compliance is received from a
proponent, the Federal Agency may carry out such inspection of the site and plant and machinery and seek such additional information from the proponent as it may deem fit:
Provided that every effort shall be made by the Federal Agency to provide the
requisite confirmation or otherwise within 15 days of receipt of the request, with complete information, from the proponent.
(3) The Federal Agency may, while issuing the requisite confirmation of
compliance, impose such other conditions as the Environmental Management Plan, and the operation, maintenance and monitoring of the project as it may deem fit, and such conditions shall be deemed to be included in the conditions to which approval of the project is subject.

15. Deemed approval
The four-month period for communication of decision stipulated in sub-section
(4) of section 12 shall commence from the date of filing of an IEE or EIA in respect of which confirmation of completeness is issued by the Federal Agency under clause (a) of sub-regulation (1) of Regulation 9.

16. Extension in review period
Where the Federal Government in a particular case extends the four-month period for communication of approval prescribed in sub-section (5) of section 12, it shall, in consultation with the Federal Agency, indicate the various steps of the review process to be taken during the extended period, and the estimated time required for each step.

17. Validity period of approval
(1) The approval accorded by a Federal Agency under section 12 read with
Regulation 12 shall be valid, for commencement of construction, for a period of three years from the date of issue.
(2) If construction is commenced during the initial three year validity period,
the validity of the approval shall stand extended for a further period of three years from the date of issue.
(3) After issue of confirmation of compliance, the approval shall be valid for a
period of three years from the date thereof.
(4) The proponent may apply to the Federal Agency for extension in the
validity periods mentioned in sub-regulations (1), (2) and (3), which may be granted by the Federal Agency in its discretion for such period not exceeding three years at a time, if the conditions of the approval do not require significant change:
Provided that the Federal Agency may require the proponent to submit a fresh
IEE or EIA, if in its opinion changes in location, design, construction and operation of the project so warrant.

18. Entry and inspection
(1) For purposes of verification of any matter relating to the review or to the
conditions of approval of an IEE or EIA prior to, during or after commencement of construction or operation of a project, duly authorized staff of the Federal Agency shall be entitled to enter and inspect the project site, factory building and plant and equipment installed therein.
(2) The proponent shall ensure full cooperation of the project staff at site to
facilitate the inspection, and shall provide such information as may be required by the Federal Agency for this purpose and pursuant thereto.

19. Monitoring
(1) After issue of approval, the proponent shall submit a report to the Federal
Agency on completion of construction of the project.
(2) After issue of confirmation of compliance, the proponent shall submit an
annual report summarizing operational performance of the project, with reference to the
conditions of approval and maintenance and mitigatory measures adopted by the project.
(3) To enable the Federal Agency to effectively monitor compliance with the
conditions of approval, the proponent shall furnish such additional information as the Federal Agency may require.

20. Cancellation of approval
(1) Notwithstanding anything contained in these Regulations, if, at any time,
on the basis of information or report received or inspection carried out, the Federal Agency is of the opinion that the conditions of an approval have not been complied with, or that the information supplied by a proponent in the approved IEE or EIA is incorrect, it shall issue notice to the proponent to show cause, within two weeks of receipt thereof, why the approval should not be cancelled.
(2) If no reply is received or if the reply is considered unsatisfactory, the
Federal Agency may, after giving the proponent an opportunity of being heard:
(i) require the proponent to take such measures and to comply with
such conditions within such period as it may specify, failing which the
approval shall stand cancelled; or
(ii) cancel the approval.
(3) On cancellation of the approval, the proponent shall cease construction or
operation of the project forthwith.
(4) Action taken under this Regulation shall be without prejudice to any other
action that may be taken against the proponent under the Act or rules or regulations or any other law for the time being in force.

21. Registers of IEE and EIA projects
Separate Registers to be maintained by the Federal Agency for IEE and EIA
projects under sub-section (7) of section 12 shall be in the form prescribed in Schedule VIII.

22. Environmentally sensitive areas
(1) The Federal Agency may, by notification in the official Gazette, designate
an area to be an environmentally sensitive area.
(2) Notwithstanding anything contained in Regulations 3, 4 and 5, the
proponent of a project situated in an environmentally sensitive area shall be required to file an EIA with the Federal Agency.
(3) The Federal Agency may from time to time issue guidelines to assist
proponents and other persons involved in the environmental assessment process to plan and prepare projects located in environmentally sensitive areas.
(4) Where guidelines have been issued under sub-regulation (3), the projects
shall be planned and prepared, to the extent practicable, in accordance therewith and any departure therefrom justified in the EIA pertaining to the project.

23. Environmental Assessment Advisory Committee
For purposes of rendering advice on all aspects of environmental assessment,
including guidelines, procedures and categorization of projects, the Director-General shall constitute an Environmental Assessment Advisory Committee comprising –
(a) Director EIA, Federal Agency … Chairman
(b) One representative each of the Provincial Agencies … Members
(c) One representative each of the Federal Planning
Commission and the Provincial Planning and
Development Departments … Members
(d) Representatives of industry and non- Governmental organizations, and legal and other experts … Members

24. Other approvals
Issue of an approval under section 12 read with Regulation 12 shall not absolve the proponent of the duty to obtain any other approval or consent that may be required under any law for the time being in force.
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