Abstract
Environmental impact assessment (EIA) is a process that examines the potential impacts of development projects on society and the environment. The concept of EIA originated in 1969 by the US National Environmental Policy Act (NEPA), followed by other developed and developing countries all over the globe. This paper reviews the legal status of EIA and its implementation, effectiveness, and deficiencies in Pakistan. EIA received legal status in Pakistan when the Environmental Protection Ordinance (PEPO) was drafted in 1983. This ordinance was then converted into the Pakistan Environmental Protection Act (PEPA) in 1997. Currently, EIA is conducted for many development projects in Pakistan, including infrastructure and industry projects. Environmental protection acts containing sections related to EIA and Initial Environmental Examinations (IEE; a small preliminary study for an EIA project) have been established by all Pakistani provinces, which conduct its systematic facilitation in the country. The effectiveness of the EIA/IEE process in Pakistan can be enhanced by ensuring stakeholder participation, guaranteeing transparency, providing resources to environmental agencies, and post‐monitoring of EIA/IEE processes. Integr Environ Assess Manag 2022;18:314–318. © 2021 SETAC
KEY POINTS
Environmental Impact Assessment (EIA) is considered a vital part of many large‐scale development projects in Pakistan.
The legal framework of Pakistan on national and provincial levels make the process of environmental assessment mandatory for the projects that are described in schedule I and II of Regulations 2000.
Factors such as ineffective public participation, poor quality of EIA reports, and insufficient resources (financial and human) in environmental agencies are obstacles in the sound implementation of EIA.
INTRODUCTION
Environmental impact assessment (EIA) is a management tool used to assess the potential adverse effects of any development projects prior to decision‐making (Shah et al., 2010). EIA deals with the process of collecting information about the potential environmental effects and considering relevant decisions before the start of a project (Glasson et al., 1994). A systemic study of both adverse and beneficial effects of the project is conducted. These are then considered during the project design. The adverse effects of a project can be reduced by incorporating environmental mitigation measures and amendments, which may lead it to achieve environmental protection and sustainable resource utilization (Centre for Science & Environment, 2006). Moreover, one of an EIA's basic principles is the active participation of the public. Furthermore, the process should be transparent, clear, and comprehendible, and it should mandatory to address biophysical and socioeconomic aspects (International Association for Interrogative Coaches (IAIA, 1999). Further, the EIA process and implementation periods vary among countries (Ella, 2012).
The concept of EIA originated in the early 1970s after enactment of the US National Environmental Policy Act (NEPA) in 1969. The EIA concept was not limited to the United States but was implemented in 40 countries in the 1990s after NEPA (Ortolano & Shepherd, 1995).
The EIA process was followed by developing (mostly Asian) countries in the 1980s; these countries included China, Pakistan, the Philippines, Indonesia, Sri Lanka, and Thailand, and then extended towards developing countries in Africa (Lohani et al., 1997). This paper will discuss the status of EIA and its proper implementation and limitations in Pakistan.
CONCEPT OF EIA IN PAKISTAN
In Pakistan, the concept of EIA was first introduced in the Pakistan Environmental Protection Ordinance (PEPO) of 1983. Later, the concept of EIA was presented in the Pakistan Environmental Protection Act (PEPA) of 1997, in which its detailed process was mentioned. It became operational under the EIA Regulations 2000. Under these laws, EIA is mandatory in Pakistan for all projects that have specific costs. For instance, manufacturing of wood products requires an initial environmental examination (IEE) if the total cost exceeds Rs. 25 million (Pakistani Rupees), whereas EIA is conducted for major roads if the total cost exceeds Rs. 50 million (Government of Pakistan, 2000). Figure 1 gives the definitions for EIA/IEE.
Definitions of IEE and EIA according to PEPA 1997. EIA, environmental impact assessment; IEE, Initial Environmental Examination; PEPA, Pakistan Environmental Protection Act
EIA GUIDELINES IN PEPA 1997
Pakistan Environmental Protection Act 1997 is the environmental legal act of Pakistan consisting of 34 sections, which includes the instructions regarding EIA and IEE and defines the processes for both in Section 12.
In PEPA 1997, Section 12 is about IEE and EIA; some key points are:
No person shall start any developmental project without permission from the federal or provincial agency or every project that causes potential environmental impacts requires either IEE or EIA.
The EIA review process should be done with the public participation.
The report that is submitted to a governmental agency should be reviewed by the governmental agency within four months, and the federal agency has the power in some cases to extend the review period up to an additional four months.
Section 17(4), related to IEE and EIA, allows the authorities to enforced penalties against abusers of this act. Section 20 of the PEPA 1997 allows the government to establish environmental tribunals to address environment‐related issues and problems. Section 22 gives autonomy to an aggrieved party to challenge the decisions of government agencies and file complaints and appeals to the environmental tribunals, not later than 30 days after any decision. If the complainants are not satisfied with the decision of the environmental tribunal, they can file a legal petition to the country's high court under Section 23 of PEPA 1997 within 30 days of tribunal decisions. Moreover, Section 26 allows the federal government to share and transfer its power to any provincial or local authority and local council (PEPA, 1997).
PROPER IMPLEMENTATION OF IEE AND EIA IN PAKISTAN
The environmental act of 1997 introduced the concept of EIA, where the detailed process of implementation is mentioned. The Regulations 2000 were promulgated in 2000, giving the list of projects for which either IEE or EIA should be conducted. According to Regulations 2000, proper schedules for conducting IEE and EIA should be followed: Schedule I consists of the list of projects that require IEE, and Schedule II consists of the list of the projects that need EIA, as shown in Table 1 (Review of IEE and EIA, 2000).
Schedules for IEE and EIA according to Regulations 2000
| Schedule I | Schedule II |
| Livestock, fisheries, and agriculture (e.g., fish farms with cost more than 10 million) | Environmentally sensitive areas (all projects situated in environmentally sensitive areas) |
| Energy (e.g., hydroelectric power generation with less than 50 MW capacity) | Energy (e.g., hydroelectric power generation with more than 50 MW capacity) |
| Manufacturing‐ and processing‐related projects (e.g., synthetic fiber projects with cost less than 100 million) | Manufacturing‐ and processing‐related projects (e.g., synthetic fiber projects with cost more than 100 million) |
| Water supply and treatment (e.g., water‐supply schemes with cost less than 25 million) | Water supply and treatment (e.g., water‐supply schemes with cost more than 25 million) |
| Mining and mineral processing (e.g., smelting plants with cost less than 50 million) | Mining and mineral processing (e.g., smelting plants with cost more than 50 million) |
| Schedule I | Schedule II |
| Livestock, fisheries, and agriculture (e.g., fish farms with cost more than 10 million) | Environmentally sensitive areas (all projects situated in environmentally sensitive areas) |
| Energy (e.g., hydroelectric power generation with less than 50 MW capacity) | Energy (e.g., hydroelectric power generation with more than 50 MW capacity) |
| Manufacturing‐ and processing‐related projects (e.g., synthetic fiber projects with cost less than 100 million) | Manufacturing‐ and processing‐related projects (e.g., synthetic fiber projects with cost more than 100 million) |
| Water supply and treatment (e.g., water‐supply schemes with cost less than 25 million) | Water supply and treatment (e.g., water‐supply schemes with cost more than 25 million) |
| Mining and mineral processing (e.g., smelting plants with cost less than 50 million) | Mining and mineral processing (e.g., smelting plants with cost more than 50 million) |
Abbreviations: EIA, environmental impact assessment; IEE, Initial Environmental Examination.
Source: Government of Pakistan (2000).
Schedules for IEE and EIA according to Regulations 2000
| Schedule I | Schedule II |
| Livestock, fisheries, and agriculture (e.g., fish farms with cost more than 10 million) | Environmentally sensitive areas (all projects situated in environmentally sensitive areas) |
| Energy (e.g., hydroelectric power generation with less than 50 MW capacity) | Energy (e.g., hydroelectric power generation with more than 50 MW capacity) |
| Manufacturing‐ and processing‐related projects (e.g., synthetic fiber projects with cost less than 100 million) | Manufacturing‐ and processing‐related projects (e.g., synthetic fiber projects with cost more than 100 million) |
| Water supply and treatment (e.g., water‐supply schemes with cost less than 25 million) | Water supply and treatment (e.g., water‐supply schemes with cost more than 25 million) |
| Mining and mineral processing (e.g., smelting plants with cost less than 50 million) | Mining and mineral processing (e.g., smelting plants with cost more than 50 million) |
| Schedule I | Schedule II |
| Livestock, fisheries, and agriculture (e.g., fish farms with cost more than 10 million) | Environmentally sensitive areas (all projects situated in environmentally sensitive areas) |
| Energy (e.g., hydroelectric power generation with less than 50 MW capacity) | Energy (e.g., hydroelectric power generation with more than 50 MW capacity) |
| Manufacturing‐ and processing‐related projects (e.g., synthetic fiber projects with cost less than 100 million) | Manufacturing‐ and processing‐related projects (e.g., synthetic fiber projects with cost more than 100 million) |
| Water supply and treatment (e.g., water‐supply schemes with cost less than 25 million) | Water supply and treatment (e.g., water‐supply schemes with cost more than 25 million) |
| Mining and mineral processing (e.g., smelting plants with cost less than 50 million) | Mining and mineral processing (e.g., smelting plants with cost more than 50 million) |
Abbreviations: EIA, environmental impact assessment; IEE, Initial Environmental Examination.
Source: Government of Pakistan (2000).
PROVINCIAL ENVIRONMENTAL LEGISLATIONS
As mentioned earlier, the federal government of Pakistan established an ordinance for the protection of the environment in the form of PEPO 1983. After that, the 1983 version of PEPO was replaced by PEPA 1997. During 2010, the 18th amendment was added to the constitution of the Islamic Republic of Pakistan 1973. This amendment empowered Pakistani provinces to make their own laws related to the environment, based on the needs of the area. The Provincial Environmental Protection Act includes Punjab Environmental Protection Act 2012, Balochistan Environmental Protection Act 2012, Sindh Environmental Protection Act 2014, and Khyber Pakhtunkhwa (KPK) Environmental Protection Act 2014, as shown in Figure 2 (I. U. Khan & Shehzad, 2015).
Provincial Environmental Protection Acts in Pakistan
EIA STATUS IN PAKISTAN
According to PEPA 1997, it is mandatory to submit an EIA report before starting large‐scale development projects. Public involvement in the EIA process plays a key role in this process. Moreover, the legislative instruments (laws and policies) also support the EIA system in Pakistan (Saeed et al., 2012).
Pakistan, unlike some other developing countries, has been facing many economic and social issues since its formation. Despite social and economic issues, the environment is also an area of concern for the country. For economic stability and development, the country is promoting development projects that are beneficial on one side but detrimental for the environment on the other. Thus, conducting environmental assessments (IEE/EIA) of any development project prior to decision‐making is crucial because this will integrate both environment and economy (Magsi & Torre, 2012).
Prior to PEPO 1983, environmental assessment was not integrated in decision‐making and policy; now, however, after gaining legal status, environmental assessment has an organized process by which it is to be conducted in Pakistan (Islam, 2006).
The number of EIA reports is increasing in Pakistan because EIA is mandatory prior to project initiation by the federal and provincial legislation of Pakistan. In the period 2000–2008, 315 EIA reports were submitted in Pakistan. Only six reports were submitted in 2000; the maximum number of EIA reports (109) was submitted in 2008. Among all provinces of Pakistan, largest number of EIA reports were submitted in Punjab (202; D. Khan, 2012; M. Khan et al., 2018); the smallest number was submitted in Balochistan (15) in the period 2000–2008 (D. Khan, 2012). The difference in the number of EIA reports submitted in the provinces is the result of its significant implementation in Punjab as compared with Balochistan and the difference in population. The population of Punjab is greater than Balochistan (D. Khan, 2012).
Since 2007, 60 billion rupees (US$388 million) have been invested by the federal government of Pakistan on projects related to infrastructure and transport, such as roads, bridges, and large buildings (Nadeem & Fischer, 2011). Not only is the number of projects related to infrastructure and transport increasing, but more than 72 industrial estates are also present and increasing in the country (Nadeem & Fischer, 2011).
Despite the aforementioned projects, EIA is conducted properly for all kinds of projects the assistance of Environmental Protection Act of Pakistan 1997 and provincial acts specifically with public involvement. By the process of EIA it is ensured that the environmental issues in Pakistan resulting from development projects are fully considered in order to minimize environmental degradation (Fischer & Nadeem, 2014).
In Pakistan, the Environmental Protection Acts of all provinces have been formulated. In addition to provincial acts, the Pakistan Regulation 2000 is used in the screening process to determine whether IEE or EIA is required for the project. The Regulation 2000 schedules contain all possible projects, but some projects require more specifications, such as construction projects of thermal power plants (Coutinho & Butt, 2014). The project specifications in the schedules of Regulation 2000 will provide further assistance in the implementation of environmental assessments in Pakistan.
EIA IN PAKISTAN COMPARED WITH OTHER COUNTRIES
Comparison with China
The Environmental Impact Assessment Law, which was adopted in China in 2003, includes the facilitation of EIA along with Strategic Environmental Assessment (SEA; Chen et al., 2007). Contrarily, Pakistan's national environmental legislation does not provide guidance about SEA, because no provision exists in PEPA related to SEA (PEPA, 1997). Moreover, while carrying out a screening process in China, there can be four outcomes of the related projects including: the requirement for comprehensive EIA, limited EIA, further analysis to determine EIA requirement, and no EIA (Chen et al., 2007). However, there can be three outcomes of the proposed projects in Pakistan in the light of Regulations 2000. They include the requirement of EIA, the requirement of IEE, and the requirement of no EIA/IEE.
Comparison with India
EIA was made mandatory in India under the Environmental Protection Act of 1986. India's Ministry of Environment and Forests (MoEF) has authorized five committees to analyze the environmental impacts of proposed projects. Plus, the power of granting or withholding final approval of the project proposal is also vested in MoEF (Kalita, 2016). However, Pakistan's EIA process does not involve any such specific committees for impact analysis, and the power of final decision of approving or disapproving the project proposal is vested in the federal or provincial EPA (Environmental Protection Agency [EPA]). Moreover, similar to Pakistan, public participation is a compulsory part of the EIA process in India (Kalita, 2016).
Comparison with UK
In the UK's EIA regulations, the proposed projects are divided into two schedules. Schedule I includes the projects for which EIA is mandatory; Schedule II includes the projects that potentially require EIA (IEMA, 2016). Pakistan's Regulations 2000, however, includes two schedules: Schedule I (containing the projects that need IEE) and Schedule II (projects that need EIA). Moreover, in the UK, project proponents can challenge the screening opinions in the courts (IEMA, 2016). However, only the final decision regarding approval of the project can be challenged in Pakistan. As in Pakistan, public participation is also conducted in the UK's EIA procedure (Nadeem et al., 2014).
LIMITATIONS TO PROPER EIA IMPLEMENTATION IN PAKISTAN
Currently, many projects undergo complete EIA processes in Pakistan, but the implementation policy is still inconsistent. Some evidential proof reveals that implementation and evaluation of EIA in Pakistan needs to be improved for all projects equally (Nadeem & Hameed, 2008). Public participation in Pakistan is ineffective because, in most of the projects, the public is allowed to participate only in review, not in other stages such as screening, scoping, and monitoring (Saeed et al., 2012). Another issue is that the quality of EIA reports is often weak owing to insufficient funds and time for the facilitation of EIA, untrained EIA consultants, unavailability of baseline data, and no proper provision of project alternatives that fulfill the requirements of EIA report and make the EIA process more effective (Nadeem & Hameed, 2006). Other limitations and obstacles to EIA's proper implementation in Pakistan include lack of proper cooperation of provincial governments, insufficient resources in provincial EPAs, delays in the final decision regarding approval or rejection of projects, and lack of monitoring of approved projects (Khalid, 2017). Hence, some concrete improvements should be made to ensure that this process is more effective, transparent, clear, and participatory. These improvements should be all small on district and regional levels and large on federal levels (Hussain et al., 2015).
RECOMMENDATIONS FOR PROPER IMPLEMENTATION OF EIA IN PAKISTAN
Some recommendations that should be considered for proper implementation of EIA in Pakistan include:
The proponents of development projects must prepare high‐quality environmental impact assessment reports (EIARs) that should fulfill all requirements. EIARs are considered complete when they include a meticulous assessment of the development project's environmental impacts, along with socioeconomic impacts. Moreover, these reports should also provide the proper identification of the alternatives and possible mitigation measures in response to the negative impacts of the project. So, one of the most crucial measures that can be taken to strengthen the EIA process in Pakistan is the execution of good quality EIARs.
Proponents should encourage stakeholders to give their views and to express their concerns sincerely during the entire EIA process, from project proposal to final review and monitoring.
The EIA process should be made transparent and participatory by ensuring effective public participation. Public participation is mandatory in the EIA process according to Article 12 of PEPA 1997. Furthermore, the portion of the public that is actually affected by the developmental project must be present in public hearings. In this way, local knowledge and consent can be properly considered in the EIA process.
In the case of contravening the EIA guidelines of PEPA, the proponents of the project must be made accountable by taking financial penalties according to Article 17(1) of PEPA 1997. This will result in a sense of accountability in proponents and motivation to properly conduct EIA for any project.
Post‐monitoring should be conducted at the initial stage of approved projects to analyze the accuracy of the EIA report compared with the initial adverse effects of those projects.
The financial and human resources (EIA experts) should be provided to environmental protection agencies (federal and provincial) to properly conduct and implement EIA to safeguard the environment.
CONCLUSION
EIA in Pakistan is a major tool for assessing potential adverse effects on the environment of economic and development projects. It is conducted on both the federal and provincial levels. The federal act (PEPA, 1997) has been followed in all provinces until their own acts have been formulated and approved. Currently, the provincial acts of Sindh, Punjab, Balochistan, and KPK have been approved and implemented. The federal and provincial guidelines for EIA are more or less similar with slight differences based on area requirements. In each province that has its own act, the provincial EIA/IEE guidelines are used instead of federal guidelines. Despite the fact that EIA is being implemented in Pakistan in a systematic way, the process still requires some improvements. Regulations related to EIA/IEE should be revised and established separately for each province for more effective implementation of the environmental assessment process. Furthermore, the institutional capacity and legal frameworks should be further enhanced to make the process more concrete and effective, so that Pakistan will derive more fruitful environmental benefits.
ACKNOWLEDGMENT
There are no funders to report for this submission.
CONFLICT OF INTEREST
The authors declare that there are no conflicts of interest.
DATA AVAILABILITY STATEMENT
All data used in this article is available in the references.
