Case Details

Citation(s)
2015 SLG 979 2015 SLD 979 2015 CLC 1771
Environmental Tribunal, Lahore
Appeal No. 22 of 2015, decided on 4th September, 2015.
, JUSTICE (R) CH. MUHAMMAD YOUNIS, CHAIRPERSON, PROF. DR. A.R. SALEEMI, MEMBER TECHNICAL AND MUZAFFAR MAHMOOD, MEMBER GENERAL
Miss Kausar Perveen for Appellant.Nawaz Manik, Director Legal for
Respondent/EPA.

Messrs HUSSAIN INDUSTRIES CORPORATION PYROLYSIS UNIT, LAHOREvsENVIRONMENTAL PROTECTION AGENCY, PUNJAB

Law:

Section:

(a) Punjab Environmental Protection Act (XXXIV of 1997)--- ----Ss. 11, 12, 16, 17, 22 & 33----Pakistan Environmental Protection Agency Review of Initial Environmental Examination and Environmental Impact Assessment Regulations 2000, Reglns. 5, 23 & Sch.II---Basel Convention, 2011-Environmental Protection Order (EPO)---Scope---Initial environmental examination (IEE) and environmental impact assessment (EIA)---Principles as to their submission, determination and limitation---Service of EPO upon applicant, requirement as to---Duty of Director General---Prohibition of certain discharges or emissions---Power to make regulations---Environmental protection order in name of establishment other than that of applicant---Effect---Projects not requiring IEE and EIA---Appeal to Environmental Tribunal---Limitation--- Penalties---Applicant for installation of pyrolysis oil plant, submitted IEE report to Environmental Protection Agency for obtaining environmental approval---Applicant, before determination of said IEE report and issuance of environmental approval, installed and began operating proposed unit of pyrolysis plant---Environmental Protection Agency, passing Environmental Protection Order, sealed said unit of applicant on basis of negative report submitted by District Officer (Environment)---Applicant contended that delay in issuance of environmental approval to installation of pyrolysis plant was violation of Basel Convention, 2011, and that Environmental Protection Agency could not require him to file EIA---Validity---Environmental Protection Agency was required, within ten days from submission of said IEE report, either to confirm that IEE was complete for purpose of initiating review process or to require applicant to submit such additional information as might be specified or to return IEE clearly listing points requiring further study and discussion---District Officer (Environment), submitting its inspection report, had first recommended that proposed site for installation of plant was suitable---Contrary report later on submitted by same District Officer (Environment) was not understandable as to its basis---Environmental Protection Agency, having…
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