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ASSIGNMENT

CRITICS OF PUNJAB ENVIRNMENTAL

PROTECTION ACT 1997

By:

1-Muhammad Qasim

BS ( Hons) Environmental Science

2-Aroj Bashir

Department of Environmental Sciences

Hafiz Hayat Campus

University of Gujrat

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CRITICS OF PUNJAB ENVIRNMENTAL PROTECTION ACT 1997

Punjab Environmental protection act, 1997 is the XXXIV of 1997 amendment. In

listed some critics are given. The constitution (Eighteenth Amendment) Act 2010 gives

provincial government exclusive powers to legislate on the subject of “Environmental pollution

and ecology”. The implication of this shift is analyzed the study as compression.

1. Definitions

Certain key terms has been expunging marine pollution and biological waste. An

important definition not mention in section 2 that are pesticides. (Section 2)

2. Lack of clarity in certain provisions

In section 2, clause xxxvii use local council or local authority but not define the

hierarchy of local council or local authority. ( Section 2)

In section 6 sub section 1 clause k and subsection 2 clause e use the sentence

approved laboratories for conducting tests but not environmental laboratories. (

Section 6 subsection 1 Clause k and subsection 2 clause e )

In section 6 clause e use word revise [Punjab] environmental quality standard but

not clear the revising time. (Section 6 subsection 1, clause e)

Pollution charges word use in section 11 thereof subsection 2 and 3. But not clear

pollution charges. (Section 11 and subsection 2,3)

Functioning and jurisdiction of environmental tribunals and environmental

magistrate is also not base on clarity. ( Section 21,24)

3. Procedure need to be simplified , clarified and refined

Procedure related to Establishment of the [Provincial] environmental protection

agency. (section 5 and sub section 6)

Procedure related to environmental impact assessment. (section 12)

Procedure related to environmental protection order. (section 16)

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Because, in some cases procedures have not yet been defined like clean up requirements,

follow up procedures and consultations.

4. Define the, appeals and role of high court and suomoto powers

In the environmental tribunal and environmental magistrates (powers, Jurisdiction,

procedure for hearing for complain) define. (Section 20, 21, 23, 24)

5. Administrative penalties needs to be clarified

Penalties need to be assess again and revised based on the environmental impact of

offences rather than the type of the offence. The purpose Administrative penalties needs

to be clarified. (Section 17)

6. Funding for mechanisms created under PEPA 1997 is not guaranteed

For example sustainable development funds (Section 9).

Funds recovered under PEPA 1997 are not channeled back in to environmental

work.

New source of revenue should be introduced. Example, Solid waste products,

environmental taxes.

7. Environmental quality and emission standards

Environmental quality standards and emission must be uniform and no variations should

be permitted in terms of geographical areas unless it is so strengthen of the standards.

8. Role of the police and enforcement responsibility of EPA officers

It’s not defined in PEPA 1997.

9. Environmental audit should be required

In section 6 clause I talk about the inspection and audit and section 10 subsection 3 also

talk about the audit of sustainable development fund. But it’s also necessary to covering

all type of industrial and commercial operations with potential impact on the environment

regardless with scale or of when they began operations. So need of environmental audit.