Law: Pakistan Environmental Protection Act, 1997

Section: 12,22,31

Pakistan Environmental Protection Act (XXXIV of 1997)--- ----Ss. 12, 22 & 31---Appeal---Non-making of rules---Unapproved rules, displayed on website---Effect---Appellant company filed application seeking approval under S. 12 of Punjab Environmental Protection Act, 1997 for drilling of exploratory well---Authorities granted environmental approval on basis of a condition which was not supported by any Rules duly notified in gazette---Validity---Placing of such material (un-notified rules) on official website of Environmental Protection Agency was misleading---Such practice of Agency was unlawful under S. 31 of Punjab Environmental Protection Act, 1997 which empowered Environment Protection Agency to make rules by notification in official gazette for carrying out purposes of Punjab Environmental Protection Act, 1997---Punjab Environmental Tribunal refrained the Environmental Protection Agency from such unlawful practice of placing unapproved, un-notified Rules, Regulations and Policies on its official website in contravention of statutory provisions of S. 31 of Punjab Environmental Protection Act, 1997---Tribunal struck down condition imposed in environmental approval---Appeal was allowed accordingly. THIS JUDGMENT DELIVERED BY: SHAZIB SAEED, CHAIRPERSON---.--- Through this appeal appellant has challenged the clause No.XXII of the Environmental Approval granted by EPA Punjab regarding the project "DRILLING OF EXPLORATORY WELL KHAUR NORTH-I ATTOCK FIELD BY PAKISTAN OIL FIELDS". 2. Arguments heard. 3. Appellant is a petroleum exploration and production company. Appellant filed IEE before EPA vide application dated June 13 2017 seeking approval under section 12 of PEPA 1997 (as amended in 2012) hereinafter called (Act) for drilling of exploratory well namely "Khaur North-I". Vide letter dated 20.06.2017 the application was forwarded to Assistant Director Environment Attock to furnish SIR. Site was inspected on 11.07.2017 and in the light of SIR appellant was directed to submit revised IEE report after submitting additional information specified in the letter. The same was done vide letter dated 11.08.2017. It is the case of appellant that after delay of 5 months…

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