1. Introduction
Pakistan has faced varying environmental challenges, prompting different policy responses over time. Recognizing the need for comprehensive ecological legislation, Pakistan enacted the Pakistan Environmental Protection Act (PEPA) in 1997. This Act aimed to protect, conserve, rehabilitate, and improve the environment, prevent and control pollution, and promote sustainable development. The PEPA 1997 demonstrates that environmental law principles have matured, possessing their own identity.
1.1 Environmental Challenges in Pakistan Before 1997
Before the enactment of the Pakistan Environmental Protection Act (PEPA) in 1997, the country faced severe environmental degradation stemming from weak governance and unregulated development. Rapid industrialization resulted in the unchecked release of toxic effluents into rivers and the atmosphere, leading to widespread water and air pollution. Simultaneously, deforestation driven by infrastructure expansion—such as the construction of the Tarbela Dam—and agricultural encroachment significantly reduced forest cover. Pakistan’s legal framework for environmental protection was fragmented, relying on outdated statutes like the Factories Act (1934) and Canal and Drainage Act (1873), with no comprehensive environmental policy or enforcement mechanism. Consequently, public health deteriorated due to contaminated water sources and poor air quality. The 1950s–1970s governance model, marked by ad hoc decision-making and a growth-centric agenda, largely ignored ecological sustainability. By the 1990s, global engagement through the Rio Earth Summit (1992) and adoption of the National Conservation Strategy underscored the urgent need for integrated environmental reform.
From neglect’s dust rose a call for balance—law became the breath to heal the land.
1.2 Need for Comprehensive Environmental Legislation
Prior to the Pakistan Environmental Protection Act (PEPA) of 1997, the Pakistan Environmental Protection Ordinance (PEPO) of 1983 represented an early but insufficient attempt at environmental governance. Despite its intent, the ordinance lacked enforcement mechanisms and institutional capacity, rendering it largely ineffective. Critical shortcomings included the absence of a framework for Environmental Impact Assessments (EIAs), weak penalties that failed to deter industrial polluters, and jurisdictional overlaps between federal and provincial authorities that created administrative confusion. Moreover, public participation—a cornerstone of sustainable governance—was minimal, leaving environmental decisions in the hands of a few bureaucratic actors.
By the early 1990s, escalating pollution crises and Pakistan’s participation in the Rio Declaration (1992) highlighted the need for a modern, enforceable law that integrated environmental protection with global sustainability principles. This realization laid the groundwork for PEPA 1997, marking a paradigm shift from reactive to preventive environmental governance.
From scattered rules to a single breath of law—Pakistan began to bind its growth with green resolve.
1.3 Introduction to the Pakistan Environmental Protection Act (PEPA) 1997
Enacted on December 6, 1997, PEPA replaced PEPO as Pakistan’s first comprehensive environmental law. Key features include:
Institutional framework: Established the Pakistan Environmental Protection Council (PEPC) and Pakistan Environmental Protection Agency (Pak-EPA).
Regulatory tools: Mandated Environmental Impact Assessments (EIAs) and Initial Environmental Examinations (IEEs) for projects.
Pollution control: Introduced National Environmental Quality Standards (NEQS) for air, water, and waste
Pre-PEPA Laws
PEPA 1997 Innovations
Sectoral laws (e.g., Forest Act, 1927)
Unified federal-provincial framework.Brief Description of Environmental Instruments.
No EIAs/IEEs
Mandatory project assessments.Brief on Pakistan Environmental Protection Act, 1997
Minimal penalties
Fines up to PKR 1 million for violations. Review of Existing Environmental Laws and Regulations in Pakistan.
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1.4 Objectives and Significance of the Act
Objectives:
Protect, conserve, and rehabilitate the environment.
Prevent pollution through enforceable standards.
Promote sustainable development and public awareness.
Significance:
Legal backbone: Provided a structured framework for environmental governance, replacing disjointed policies.
Public health: Reduced industrial pollution through NEQS compliance.
Global alignment: Enabled Pakistan to meet obligations under international treaties (e.g., the Paris Agreement).
PEPA 1997 marked a paradigm shift, integrating environmental concerns into national planning and empowering institutions like Pak-EPA to enforce regulations. However, challenges like weak enforcement and provincial coordination persisted, necessitating later reforms such as the Punjab Environmental Protection Act (2012).
This foundational legislation remains pivotal in addressing Pakistan’s environmental crises, though ongoing updates are critical to tackling emerging challenges like climate change. .
2. Historical Background
Before the enactment of PEPA 1997, environmental law in Pakistan was a mix of regulations and statutes related to penal matters, health, agriculture, and planning. The Pakistan Environmental Protection Ordinance (PEPO) of 1983 was the first consolidated environmental law, establishing institutions such as the Pakistan Environmental Protection Council (PEPC). The PEPA 1997 replaced PEPO to address gaps in the existing legal framework. Pakistan’s commitment to the Rio Declaration on Environment and Development also influenced the enactment of environmental protection acts.
Pre-1997 Environmental Laws and Policies in Pakistan
Before the enactment of the Pakistan Environmental Protection Act (PEPA) in 1997, environmental governance in Pakistan was characterized by a fragmented legal framework with several laws addressing specific environmental issues. Key legislations included:
Pakistan Environmental Protection Ordinance (PEPO), 1983: This was the first significant piece of legislation aimed at environmental protection but lacked effective enforcement mechanisms.
Canal and Drainage Act, 1873: Focused on water pollution control in irrigation canals.
Forest Act, 1927: Regulated forest conservation but had a limited impact on deforestation.
Factories Act, 1934: Addressed industrial safety but did not comprehensively cover environmental pollution.
These laws were inadequate in addressing the growing environmental challenges, such as air and water pollution, deforestation, and waste management. The lack of a cohesive policy framework hindered effective ecological governance.
Factors Leading to the Enactment of PEPA 1997
Several factors contributed to the need for a comprehensive environmental law like PEPA:
Rapid Industrialization: The post-independence era saw rapid industrial growth without adequate environmental safeguards, leading to significant pollution.
Public Health Crises: Increasing health issues related to pollution necessitated urgent legal reforms.
International Pressure: Pakistan’s participation in international environmental agreements emphasized the need for robust domestic legislation.
National Conservation Strategy (1992)
This strategy highlighted the need for a legal framework to promote sustainable development.
These factors created a compelling case for the establishment of PEPA to unify and strengthen environmental regulations across the country.
Influence of International Environmental Agreements and Conventions
The global environmental movement significantly influenced Pakistan’s legislative approach. Key international agreements included:
Rio Declaration on Environment and Development (1992): Established principles for sustainable development and highlighted the importance of public participation in environmental governance.
Convention on Biological Diversity (1992)
Encouraged countries to develop national strategies for conservation and sustainable use of biological resources.
Framework Convention on Climate Change (1992)
Raised awareness about climate change impacts and the need for national policies to address these issues.
These agreements provided a framework that encouraged Pakistan to align its domestic laws with global standards, culminating in the enactment of PEPA 1997.
The transition to PEPA 1997 represented a critical turning point in Pakistan’s environmental governance, addressing historical gaps in legislation while responding to both domestic needs and international obligations.
3. Key Provisions of the 1997 Environmental Protection Act
Institutional Framework: Establishment of the Pakistan Environmental Protection Council (PEPC) and Pakistan Environmental Protection Agency (Pak-EPA)
The Pakistan Environmental Protection Act (PEPA) of 1997 established key environmental institutions, including the Pakistan Environmental Protection Council (PEPC) and the Pakistan Environmental Protection Agency (Pak-EPA). The PEPC approves National Environmental Quality Standards and offers guidelines for protecting species, habitats, and biodiversity
Environmental Impact Assessment (EIA) and Initial Environmental Examination (IEE)
PEPA 1997 mandates Environmental Impact Assessments (EIAs) and Initial Environmental Examinations (IEEs). Section 12 of PEPA 1997 requires project proponents to file an IEE or EIA with the Federal Agency before starting construction . The Federal Agency maintains separate registers for both IEE and EIA projects, which include project particulars and decision summaries open for public inspection.
Regulation of Air, Water, and Land Pollution
The Act addresses air, water, and land pollution regulations, as well as the. It defines “air pollutant” as any substance causing air pollution, including smoke, dust, gases, and radiation. While PEPA 1997 includes provisions that apply to freshwater pollution, there is no comprehensive federal legislation specifically for this purpose.
Waste Management and Hazardous Substances Control
PEPA 1997 includes measures for waste management and hazardous substances control. Section 13 prohibits the import of hazardous waste into Pakistan’s territory. The Act regulates the handling of hazardous substances, covering generation, collection, transportation, treatment, disposal, storage, and import.
Penalties and Legal Actions for Environmental Violations
The Act specifies penalties for violations, with fines up to one million rupees and additional daily fines for continuing contraventions. The Environmental Tribunal considers the extent and duration of the violation when passing a sentence. It may also order additional fines commensurate with the monetary benefits gained from the offense. PEPA 1997 also allows for the closure or confiscation of a factory involved in contravening
4. Impact of PEPA 1997 on Pakistan’s Environmental Governance
The PEPA 1997 was enacted on December 6, 1997. It aimed to achieve sustainable development through legally, administratively, and technically sound institutions. The Act focuses on implementing the Council’s policies, delegating powers to government agencies, enforcing National Environmental Quality Standards, introducing EIA/IEE review procedures, regulating hazardous substances/wastes, and establishing a Provincial Sustainable Development Fund.
Strengthening of Environmental Regulatory Bodies
The Pakistan Environmental Protection Act (PEPA) 1997 led to the establishment and strengthening of environmental regulatory bodies at both the federal and provincial levels. The Act established the Pakistan Environmental Protection Council (PEPC) and the Pakistan Environmental Protection Agency (Pak-EPA). Pak-EPA’s functions include enforcing PEPA-1997 regulations, approving Environmental Impact Assessments (EIAs) and Initial Environmental Examinations (IEEs), setting National Environmental Quality Standards (NEQS) with the PEPC’s approval, promoting environmental research, initiating environmental legislation, providing public guidance, and investigating environmental issues. PEPA 1997 provides a foundational structure for implementing national conservation strategies and managing sustainable development funds.
Increased Public Awareness and Participation in Environmental Decision-Making
PEPA 1997 enhanced environmental awareness, although challenges remain in its compliance. The Act ensures public participation in the review of environmental impact assessments. It also directs the Environmental Protection Agency to offer information and guidance to the public on environmental matters, encouraging community involvement in pollution prevention and sustainable development.
Role of Courts in Enforcing Environmental Laws
PEPA 1997 established Environmental Tribunals and appointed Environmental Magistrates to enforce environmental laws. These tribunals consider the extent and duration of violations when passing sentences and may impose fines, order factory closures, or confiscate property. The Act grants executive and judicial bodies the authority to address environmental issues, ensuring the enforcement of PEPA’s provisions in line with sustainable development principles.
4. Amendments and Reforms in Environmental Laws Post-1997
Following the 18th Amendment to the Constitution of Pakistan in 1973, the subject of “Environment and Ecology” was devolved to the provinces. The Pakistan Environmental Protection Act of 1997 was adopted with amendments for the province of Punjab via the Punjab Environmental Protection Act 2012..
Key Amendments and Policy Updates
After the enactment of the Pakistan Environmental Protection Act (PEPA) 1997, several amendments and policy updates have aimed to strengthen environmental protection and address emerging issues. Recent efforts include amendments to ensure effective enforcement, foster public involvement, protect whistleblowers, and address contemporary environmental issues such as climate change, biodiversity loss, and the Glacier Protection A. An amendment bill in 2024 aims to strengthen the framework for environmental protection.
Role of Provinces After the 18th Constitutional Amendment (2010)
Following the 18th Amendment to the Constitution of Pakistan in 1973, “Environment and Ecology” became a provincial subject. The Punjab Environmental Protection Act 2012, for example, adapted and amended PEPA 1997 for the province of Punjab.. Each province can now create its own environmental policies and laws, leading to a regional approach to environmental management.
Introduction of New Environmental Regulations and Policies
New environmental regulations and policies have been introduced at both the federal and provincial levels to address specific environmental challenges. The Environmental Laboratory Certification Regulation 2000 was notified to establish a network of environmentally sound laboratories authorized to test environmental samples. Provinces have also established Sustainable Development Boards/Funds to generate resources for environmental initiatives. Additionally, there have been efforts to develop and implement a National Climate Change Adaptation Plan and incorporate climate change considerations into Environmental Impact Assessments (EIAs).
6. Challenges and Limitations of PEPA 1997
Despite its comprehensiveness, the PEPA 1997 faces techno-legal difficulties in compliance. No federal legislation exists to control freshwater pollution, except for a few provisions in the PEPA 1997.
Weak Enforcement Mechanisms
Despite its comprehensiveness, the Pakistan Environmental Protection Act (PEPA) 1997 faces challenges in compliance. Weak enforcement mechanisms have been identified as a significant limitation. The enforcement of criminal sanctions under PEPA 1997 has not been a serious threat to polluters. A lack of trust between industries and the government has resulted in low participation and, ultimately, the failure of schemes designed to address pollution.
Industrial Non-Compliance and Pollution Issues
Industrial non-compliance and pollution issues persist despite the existence of environmental protection legislation. Insufficient compliance with environmental laws is leading to increased pollution in both rural and urban areas. Industries are inclined to comply only when a particular purchase order from a client requires them to do so.
Lack of Resources and Capacity in Environmental Agencies
Limited capacity and a lack of resources within environmental agencies pose significant challenges to the effective implementation of PEPA 1997. For long periods, governments have neglected their duty to establish and staff environmental tribunals, resulting in sporadic functionality across all four provinces.
Gaps in Climate Change Adaptation and Emerging Environmental Threats
PEPA 1997 does not address specific areas such as air or water and views the environment from a pollution control perspective rather than resource conservation. There are gaps in climate change adaptation and addressing emerging environmental threats. A study has revealed the need for specific provisions to address climate change, biodiversity loss.
7. Future Directions for Strengthening Environmental Laws in Pakistan
To ensure effective environmental governance, Pakistan needs stricter enforcement, accountability measures, and enhanced resources for environmental agencies. . Integrating technology and digital monitoring can improve environmental regulation.
Need for Stricter Enforcement and Accountability Measures
To improve environmental governance in Pakistan, stricter enforcement and accountability measures are essential. There is a growing demand for stricter penalties for those who violate environmental standards, and calls for fines and sentencing to more accurately reflect the gravity of environmental offenses. Strengthening general criminal law provisions can ensure that serious environmental offenses receive appropriate condemnation and penalties.
Role of Technology and Digital Monitoring in Environmental Regulation
To strengthen environmental regulation, integrating technology and digital monitoring is needed. Criminal laws operate closer to the source of harmful actions and are easier to enforce without needing complex judicial interventions. For instance, fining or arresting someone for polluting the air by burning toxic materials is more straightforward than invoking a constitutional right in court, which requires demonstrating systemic harm and navigating complex judicial processes.
Strengthening Provincial Environmental Policies
Following the 18th Amendment, provinces have the autonomy to create their own environmental policies and laws, leading to regional approaches to environmental management. Pakistan Environmental Protection Agencies (PEPAs) have been established in all four of the nation’s provinces to promote conservation, sustainable development, and improve the decision-making process. Strengthening provincial environmental policies is crucial for effective environmental management. …
Aligning National Laws with Global Sustainability Goals (SDGs, Paris Agreement)
Aligning national laws with global sustainability goals such as the Sustainable Development Goals (SDGs) and the Paris Agreement is vital. Pakistan’s Environmental Policy is based on a participatory approach to achieving sustainable development objectives through legally, administratively, and technically sound institutions. Pakistan’s commitment to Sustainable Development Goal 13 on Climate Change demonstrates the importance of aligning with global environmental agendas. Constitutional rights, environmental law, and criminal law reforms are complementary instruments for addressing environmental challenges.
8. Conclusion:
The Pakistan Environmental Protection Act (PEPA) 1997 marked a watershed moment in Pakistan’s environmental governance, establishing the first unified legal framework to address the country’s pressing ecological challenges. Its key contributions include:
Institutionalization: Creation of the Pakistan Environmental Protection Council (PEPC) and Pakistan Environmental Protection Agency (Pak-EPA), which centralized environmental oversight and enforcement.
Regulatory Tools: Mandatory Environmental Impact Assessments (EIAs) and National Environmental Quality Standards (NEQS) for air, water, and waste, setting benchmarks for pollution control.
Public Participation: Enhanced transparency and community involvement in environmental decision-making.
Legal Accountability: Penalties for violations, including fines up to PKR 1 million and provisions for factory closures.
PEPA 1997 laid the groundwork for aligning Pakistan’s environmental policies with global sustainability goals like the SDGs and Paris Agreement, while empowering provinces to tailor regulations post-2010’s 18th Amendment. However, persistent challenges—weak enforcement, industrial non-compliance, and gaps in climate adaptation—highlight the need for continuous reforms.
By integrating environmental concerns into national development planning, PEPA remains a cornerstone of Pakistan’s environmental protection framework, even as evolving threats demand updated legislation and stronger implementation mechanisms.
