2. What is EIA?
⢠Tool to identify environmental, social and economic impacts of a
project prior to decision making â UNEP
⢠an environmental study comprising collection of data, prediction of
qualitative and quantitative impacts
⢠comparison of alternatives
⢠evaluation of preventive, mitigatory and compensatory measures
⢠formulation of environmental management
⢠training plans and monitoring arrangements
⢠framing of recommendations and such other components as may
be prescribed. â PEPA
3. EIA origin in Pakistan
⢠Shortly after its creation in 1947, Pakistan adopted Lord
Macaulayâs 1860 Penal Code [covering all types of crimes,
including against the environment] and modified it when needed.
In addition, separate legislation was promulgated for addressing
environmental issues from forest cutting to noise.
⢠It was the cumulative effect of all factors plus a growing
international concern for the environment that Pakistan drafted a
comprehensive law on the environment in the mid-1970s.
⢠on the other hand, it could not be made into the agenda of the
Parliament for years. As a last resort, the bureaucracy pushed
this all through with a Presidential Order, thus giving birth to the
Pakistan Environmental Protection Ordinance, 1983
4. ⢠This Ordinance made Environment Impact Assessment (EIA) a
requirement for any proposed project with possible adverse impacts
on the environment.
EIA thus became part of the project planning process, and it was
made mandatory from July 1, 1994, to seek prior approval of the
relevant Environmental Protection Agency (PEPO, 1983).
For enabling the project proponents in designing EIAs, the Pak-EPA
first developed an elaborate form, and later completed guidelines
and regulations.
Hence, EIAs are conducted for all large developmental projects,
although with varying attention to public participation and
Environmental Management Plans.
EIA origin in Pakistan
5. The Operational order period
⢠The newly formed Pakistan Environmental Protection Agency was
struggling on two fronts;
⢠First to save the existence of the Agency by having the Presidential
Ordinance endorsed by Pakistanâs Parliament
⢠Secondly to prepare the necessary rules and guidelines for pollution
control and EIA.
⢠One major achievement of the Pakistan EPA was the development
of a 16- page âProforma for Environmental Impact Assessmentâ
(Pak-EPA, 1990).
⢠This was essentially an outline for an EIA Report that helped in
presenting the findings in a cohesive manner.
⢠EIAs during that period limited to large developmental projects,
such as Ghazi Barotha Hydropower Project (1991), and the oil and
gas fields like Dhodak (1991) and Qadirpur (1992).
6. ⢠The Pakistan EPA continued its efforts on establishing
environmental standards.
⢠Special committees were formed for such purposes with
representation from the concerned Government institutions,
academia and the Federation of Pakistan Chambers of Commerce
and Industries (SRO, 1993).
⢠It is also a bitter fact that several governments in Pakistan tried to
soften the stance on EIA.
⢠Ironically, this policy came on the heels of Pakistanâs coming out
as the leader of the developing countries (G-77) at the Earth
Summit in Rio de Janeiro, 1992.
⢠There, Pakistan had proudly presented the National Conservation
Strategy (IUCN, 1992), and signed important international
environmental treaties like the United Nation Conventions on
Climate Change and Biological Diversity.
⢠Most importantly, Pakistan signed the all encircling Agenda 21,
and the Rio de Genero Declaration.
7. BY DOING SO, PAKISTAN AGREED TO INTEGRATE
ENVIRONMENTAL CONSIDERATION IN DECISION-MAKING âAT ALL
LEVELS AND IN ALL MINISTRIESâ, AND OPENLY AGREED THAT EIA
WOULD BE USED AS A âNATIONAL INSTRUMENTâ FOR ALL
PROPOSED ACTIVITIES THAT ARE LIKELY TO HAVE SIGNIFICANT
ADVERSE IMPACT ON THE ENVIRONMENT, AND THAT THIS
PROCESS WOULD BE REGULATED BY A âCOMPETENT NATIONAL
AUTHORITYâ(UNCED, 1992)
8. Post - PEPA Developments
⢠Appearance of EIA Guidelines and Regulations caused a new surge of
interest in the EIA âBusiness.
⢠Small-scale EIA Consulting groups began to approach the business
community for consultancy assignment, the consultant would ensure
the issuance of EPA Clearance for the proposed project.
⢠The key problem here was with the EIA, checking process, in the
concerned EPAs, the task of scrutinizing EIA Reports was given to mid-
career or even junior officials.
⢠Most of them had no personal experience of conducting EIA, had little
knowledge of the location of the proposed project, and had no access
to baseline data, especially technical information that could be used to
verify any statements or claims made in the EIA reports.
9. EIA: Legal Guidelines
⢠EIA was introduced in Pakistan under the
environmental law in 1997, and more detailed
regulations have been put in place since then.
⢠However, effective implementation remains an issue.
⢠There are violations of the law, e.g. the process of EIA
is not initiated at the planning stage but much later at
the construction stage.
⢠The Regulations provide a list of projects, which
require IEE/EIA, but this list is incomplete and needs
to be technically reviewed.
10. Provincial Status
As a follow-up of the Stockholm pronouncement of 1972,
Pakistan established the Ministry of Environment (MoE) in
1975.
It was anticipated and drafted the first consolidated Federal
Environmental Law, i.e. the Pakistan Environment Protection
Ordinance, in 1983 (the â1983 Ordinanceâ), which was
applicable to all provinces of Pakistan.
Section 12 of the Federal and Punjab Acts and 15 of the
Balochistan Act require filing of an EIA for projects that are
likely to cause adverse environmental effects.
The term âadverse environmental effectâ means impairment
of, or damage to, the environment and includes:
11. Provincial Status
⢠(a) impairment of, or damage to, human health and
safety or to biodiversity or property; (b) pollution; and
(c) any adverse environmental effect as may be
specified in the regulations
⢠In 2010, through the 18th Amendment to the
Constitution of the Islamic Republic of Pakistan, 1973,
environment became a purely provincial subject,
empowering each province to make its own law.
⢠In 2012, Punjab adopted the Federal Act with minor
amendments, calling it The Punjab Environmental
Protection Act, 1997 (the âPunjab Actâ).
12. Provincial Status⌠Contâd
⢠In early 2013, Balochistan also framed its own lawâThe
Balochistan Environmental Protection Act, 2012 (the âBalochistan
Actâ).
⢠The Balochistan Act, while primarily built upon the Federal Act,
had some substantial additions and improvements in it over and
above the Federal Act.
⢠KPK is in the process of framing its own law and the Federal Act
continues to be applicable to this province in the interim.
⢠Sindh promulgated the Sindh Environment Protection Act in March
2014.
⢠In addition to the Acts, at present all the provinces are following
the Regulations 2000 and the existing Federal Guidelines.
13. Preparing IEE
Planning and projects
Preparing EIA
EIA Required
NO IEE Required
EIA Process in Pakistan
Public hearing
Advisory Committee
Preliminary Scrutiny
Construction
Decision
Review
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