Pakistan

Legal Framework

Country:

Pakistan

EIA Law:

Pakistan Environmental Protection Act, 1997

Law Link:

Link

EIA Regulations:

Pakistan Environmental Protection Agency (Review of IEE and EIA) Regulations, 2000

Regulations Link:

Link

EIA Guidelines or Other Guidance:

Pakistan Environmental Protection Agency guidelines (sectoral guidelines available on the Pakistan Environmental Protection Agency website)

Guidance Link:

Link

EIA Procedure

Projects Requiring EIA:

Government projects

Private Projects

Abridged Assessments:

Yes

Assessment Detail:

Pakistan uses an initial environmental examination for certain types of projects. "Initial environmental examination" means a preliminary environmental review of the reasonably foreseeable qualitative and quantitative impacts on the environment of a proposed project to determine whether it is likely to cause an adverse environmental effect for requiring preparation of an environmental impact assessment. EP Act, sec. (2)(xxiv); see also EIA Regulations secs. 3, 12.

Best Practices in Lieu of EIA:

Who Conducts Screening:

Government

Who Conducts Screening Detail:

"[T]he Federal Agency may direct the proponent of a project, whether or not listed in Schedule I or II, to file an IEE or EIA . . . ." EIA Regulations sec. 5(2)

Criteria for Screening:

List or appendix of project or activity types

Proposed project or activity may cause significant environmental impact

Criteria for Screening Detail:

EA Regulations sec. 5 + Schedules I & II

Who Prepares EIA:

Project Proponent (with or without contractor)

Who Prepares EIA Detail:

Proponent shall file IEE or EIA. EIA Regulations secs. 3, 4.

Who Pays for EIA:

Project Proponent

EIA Contractor Qualification Detail:

Use of contractors is not mentioned in the EIA law or regulations.

Conflict of Interest:

Terms of Reference:

Days for Decision Maker Review:

90 - 120

Automatic Approval:

Yes

Automatic Approval Detail:

The Government Agency shall communicate its approval or otherwise within a period of four months from the date the initial environmental examination or environmental impact assessment is filed complete in all respects in accordance with the prescribed procedure, failing which the initial environmental examination or, as the case may be, the environmental impact assessment shall be deemed to have been approved, to the extent to which it does not contravene the provisions of this Act and the rules and regulations. EP Act sec. 12(4)

Written Decision:

Yes

Written Decision Detail:

The decision shall be communicated to the Proponent in the form prescribed in Schedule VI. EIA Regulation, sec. 12.

Authority to Impose Conditions:

Yes

Authority to Impose Conditions Details:

The Federal Agency may accord its approval subject to such conditions as it may deem fit to impose. EP Act sec. 12(b)(2); EIA Regulations sec. 13.

Expiry of Decision:

3 years

Expiry of Decision Detail:

EIA Regulations sec. 17

Financial Assurances or Bond:

Yes

Financial Assurances Detail:

Where the Federal Agency accords its approval subject to certain conditions, the proponent shall, before commencing construction, acknowledge acceptance of the stipulated conditions by executing an undertaking. EIA Regulations sec. 13(2)(a).

EIA Content

Interdisciplinary Team:

Range of Alternatives:

Yes

Range of Alternatives Detail:

The definition of Environmental Impact Assessment includes "comparison of alternatives." EP Act sec. 2(xi).

No Action Alternative:

No Action Alternative Detail:

No action alternative is not mentioned in the Act or Regulations.

Type(s) of Impact Analysis:

Direct environmental impacts

Cumulative environmental impacts

Mitigation:

Yes

Mitigation Detail:

See sectoral guidelines for preparing environmental impact assessments.

Monitoring Plans:

Yes

Monitoring Plans Detail:

An Environmental Management Plan shall include monitoring, reporting and auditing. EIA Regulations 14(1).

Access to Information

Public Notice of Draft EIA:

Draft EIA Available:

Draft EIA Locations:

Other

Public Notice of Final EIA:

Yes

Public Notice of Final EIA Detail:

The Federal Agency shall publish in English or Urdu national and local newspapers a public notice mentioning the places where the EIA can be accessed. EIA Regulations sec. 10(1).

Final EIA Available:

Final EIA Available Detail:

The EIA Law and Regulations do not specify where the EIA is to be made available to members of the public.

Final EIA Locations:

Agency or ministry office

Availability of Reference Studies:

Availability of Reference Studies Detail:

The EIA Law and Regulations do not require reference studies to be made available to the public.

Public Notice of Final Decision:

Yes

Public Notice of Final Decision Detail:

The Federal Agency shall maintain Registers which contain brief particulars of each project and a summary of decisions taken thereon. EP Act sec. 12(7)

Public Participation

Public Scoping:

Public Participation Opportunities:

Public Meetings and/or public hearings

Review of final EIA

Public Meetings:

Yes

Public Meetings Detail::

Notice of availability of EIA for public inspection shall fix a date, time and place for public hearing. EIA Regulations sec. 10(2).

Public Input at Meeting:

Yes

Criteria to Hold Public Meeting:

Public meeting and/or hearing is automatically required

Days for Public to Review Draft EIA:

Days for Public to Review Final EIA:

Public Comments on Draft EIA:

Public Comments on Draft EIA Detail:

There is no opportunity for members of the public to comment on a draft EIA

Public Comments on Final EIA:

Yes

Public Comments on Final EIA Detail:

EIA Regulations sec. 10(2).

Response to Public Comments:

Yes

Response to Public Comments Detail:

The Federal Agency shall collate, tabulate and duly consider all comments before decision. EIA Regulations sec. 10(5). There is no requirement for the Federal Agency to provide a response to public comments.

Facilitation of Public Participation:

Yes

Facilitation of Public Participation Detail:

The Federal Agency shall notice in any English or Urdu newspaper in the area affected by the project. EIA Regulations sec. 10(1).

Judicial Review/Enforcement

Citizen Administrative Review:

Citizen Judicial Review:

Yes

Citizen Judicial Review Detail:

Any person aggrieved by any order or direction of the Federal Agency or any Provincial Agency under any provision of this Act, and rules or regulations may prefer an appeal with the Environmental Tribuna l within thirty days of the date of communication of the impugned order or direction to such person. EP Act sec. 22

Project Monitoring:

Yes

Project Monitoring Detail:

Authorized staff of the Federal Agency shall be entitled to enter and inspect the project site. EIA Regulations sec. 18. The proponent shall submit an annual report summarizing operational performance with reference to conditions of approval and mitigatory measures. EIA Regulations sec. 18

Enforceability of EIA:

Enforceability of Permit:

Modified: June 26th, 2023