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CHAPTER 3
POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORK
3.1 POLICY FRAMEWORK
The 1973 Constitution of Pakistan had included the subject of Environmental
Pollution and Ecology in the concurrent legislative list. The parliament and
provincial governments were empowered to formulate necessary laws under
Article 142. Recently in view of the 18 th Amendment in the Constitution, this
subject has been delegated to the provinces. Government of Pakistan (GOP)
has announced the National Environmental Policy in the year 2005.
3.2 INSTITUTIONAL SETUP
3.2.1 Pakistan Environmental Protection Council
The Pakistan Environmental Protection Council (PEPC) is the apex decision
making body of Pakistan. It was established in 1998, under the provisions of
Pakistan Environmental Protection Act (PEPA), 1997. It is headed by the
Prime Minister of Pakistan with 35 members. Chief Ministers of provinces,
Federal Environmental Minister and Provincial Environment Ministers are the
members. Similarly environmental protection councils have been formed in all
the provinces.
3.2.2 Delegation of Powers to Provincial Governments
The Federal Government delegated the powers and functions of the Pak EPA
to Provincial Governments vide. SROs 1251 (1) to 1254 (1) 98 dated 28
October 1998.
3.2.3 Environmental Protection Agencies
Pakistan Environmental Protection Agency (Pak EPA) has been established
at the federal level. At the provincial level, Environmental Protection Agencies
(EPAs) have been established in all provinces.
3.2.4 National Environmental Coordination Committee
Pak EPA has established the National Environmental Coordination
Committee vide SRO 95 (1)/99 dated 24 December 1998. Its Chairman is
Director General Pak EPA. Director Pak EPA acts as secretary / member.

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3.3 ENVIRONMENTAL STATUTORY PROVISIONS

3.3.1 Environmental Legislation of Pakistan
Pakistan Environmental Protection Ordinance had been inforced in the year
1983. A comprehensive enactment entitled PEPA, 1997 was promulgated on
6 December 1997.
3.3.2 National Environmental Quality Standards
Pak EPA with prior approval of the PEPC, established and issued NEQS vide
Gazette of Pakistan Notification SRO 742 (1) 93 dated 24 August 1993.
These NEQS were related to municipal and liquid industrial effluents,
industrial gaseous emissions and motor vehicle exhaust and noise. These
were revised and new standards were established in the Gazette of Pakistan
as Notification SRO 549/ (1) /2000 of 8 August 2000.
3.3.3 Pakistan National Conservation Strategy
Pakistan National Conservation Strategy (PNCS), 1992 was prepared jointly
by the Federal Ministry of Environment and the Conservation Union (IUCN). It
is the basic policy document approved by the Government of Pakistan. It has
highlighted 14 core environmental issues in Pakistan and recommended
action plans accordingly. The provinces of Khyber Pakhtoonkhwah and
Balochistan have already prepared the conservation strategies in the light of
PNCS.
3.3.4 Biodiversity Action Plan (BAP) for Pakistan
Pakistan became signatory to the Convention on Biological Diversity (CBD) in
1994. Pakistan BAP was prepared in 2000 in accordance with an agreement
between the Government of Pakistan and the World Bank under the Global
Environmental Facility, for protecting the biological heritage of Pakistan.
3.3.5 National Resettlement Policy
To resettle and compensate people displaced by the development projects,
the GOP has issued the Project Implementation and Resettlement of Affected
Persons Ordinance, 2001. National Resettlement Policy was promulgated in
March 2002. Pakistan Environmental Protection Agency has also issued the
National Resettlement Policy Implementation Guidelines in October 2002.
3.3.6 International Agencies Guidelines

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International monetary/donor agencies, such as JBIC, the World Bank and

the Asian Development Bank have issued guidelines for preparation and
submission of IEE and EIA reports. If these guidelines are not adhered to,
funds may not be provided for a development project by these agencies.
3.4 LEGAL FRAMEWORK
The applicable laws for the study of ESA of the T/L and Grid Stations
component are briefly described below:
3.4.1 Pakistan Environmental Protection Act, (PEPA) 1997
This Act stands at the apex of statutory law on environmental issues in
Pakistan and takes precedence over all preceding federal and provincial
legislations in setting nationwide environmental standards and in laying
down policies and procedures under the Pakistan National Conservation
Strategy (PNCS). Pakistan Environmental Protection Council (PEPC), the
apex body, established under this Act is responsible for comprehensive
national environmental policy for mutation and legislation, and their
implementation within the framework of the PNCS. Specifically, PEPC is
empowered to approve National NEQS. Pak EPA is established to administer
the PEPA, 1997. The Act is the guiding document in carrying out the
environmental and social assessment of the grid stations and T/L
construction project.
3.4.2 West Pakistan Water and Power Development Authority Act, 1958
This Act authorizes WAPDA to construct and operate electrical T/L with
powers and obligations of a licensee under the Telegraph Act of 1910. It
establishes policy for land acquisition and compensation, as well as the
degree of liability of WAPDA for damages sustained by landowners or others.
3.4.3 Electricity Act, 1910
This Act provides a legal base for power distribution. A licensee under this
Act is enabled to operate for the supply of electricity. It obligates licensee to
pay compensation for any damages caused during the constructions and
maintenance of any power distribution facilities.
3.4.4 Telegraph Act, 1910
This Act was promulgated for installation of telegraphic poles and stringing. It
makes a provision of installing poles/towers without acquiring any land.

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However, provision is there for temporary acquisition of land during the

construction period. As such, compensation will be made for a specific
period. In case of present project, if this Act is invoked, it will be ensured that
land under the T/L is accessible and can be used productively. In the
absence of such a situation the land will be acquired and compensation paid
under Land Acquisition Act LAA 1894.
3.4.5 Forest Act, 1927 and Later Amendments
This Act establishes the right of the Government to designate areas for
reserved forest, village forest and protected forest and may acquire such
areas for prohibiting or restricting the public use of the resources or other
activities. In case of present study, the proposed grid station sites and the
ROW of T/L do not fall within any of the forest area.
3.4.6 Protection of Trees and Brushwood Act, 1949
This Act prohibits cutting or lopping of trees and brushwood without
permission of the Forest Department. In case of invoking of this Act, the
Forest Department will be approached to seek its permission for cutting of
trees along the routes of T/L.
3.4.7 Sindh Local Government Ordinance

These ordinances were issued under the devolution process and

define the roles of the district governments.

Theses ordinances also

address the land use, conservation of natural vegetation, air, water and
land pollution, disposal of solid waste and wastewater effluents, as well as
matters relating to public health.

Under the new system of district

governments, the Executive District Officer- Revenue (EDO-Revenue) is

the Revenue Officer for the district.

Under Clause 48 of the 6th Schedule of this Ordinance, the local

governments are empowered to restrict any project causing pollution to
air, water or land. They may also initiate schemes for improving the
environment vide this legislation. In case of this project, the local
government offices at union council level will be monitoring the project
activities relating to environmental and social aspects.

3.4.8 Land Acquisition Act, 1894 and Later Amendments

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The Land Acquisition Act (LAA), 1894, is a law for the acquisition of land
needed for public purposes and for companies and for determining the
amount of compensation to be paid on account of such acquisition. The
exercise of the power of acquisition has been limited to public purposes. The
principles laid down for the determination of compensation, as clarified by
judicial pronouncements made from time to time, reflect the anxiety of the
law-giver to compensate those who have been deprived of property,
adequately. It is with this end in view that the association of the persons
interested in the property with the process of determination of its negotiated
market

value

by

the

Collector

is

highlight

of

this

Act.

The main sections of LAA 1894 for acquisition of land are briefly described in
Table 3.1. The LAA 1894 comprises of 8 parts having 55 sections. Part II of
this Act deals with the land acquisition procedures. This part contains 14
sections, starting from Section 4 to Section 17, with 5A, 12A, 16A and 17A as
additions to the original Sections. Table 3.1 covers the salient section of the
LAA, 1894
Table 3.1 Sections of LAA, 1894
Serial
1
2
3
4

Section
4(i)

Brief Description
Publication of preliminary notification in the official

5
5-A (i) (ii)
6 (i)

gazette for the acquisition of required land.

Payment of damages
Hearing of objections
Declaration of intended acquisition that the land is
required for a public purpose, after considering the

report under section 5-A (ii)

After declaration under section 6(i), collector to take

order for acquisition.

Land to be marked out unless it has already been

9 (i)

marked out under section 4, measured and planned

Collector to cause public notices to be given at

9 (ii)

convenient places on or near the land to be taken.

Such notices should state the particulars of the land so

5
6

needed and shall require all persons interested in the

land to appear personally or by agent before the
collector at a given time and place. (Time not being less
than 15 days after the publication of notice)
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The section relates to the powers of collector to require

and enforce the making of statements as to names and

10

11

interests.
The section deals with the enquiry with measurements,

11
12

12
17(4)

value and claims, and Award by the collector.

Finalization of award.
This section deals with special powers in cases of
urgency / emergency.

Source: LAA, 1894

3.4.9 Employment of Child Act, 1991

Article 11 (3) of the constitution of Pakistan prohibits employment of children
below the age of 14 years in any factory, mines or any other hazardous
employment. In accordance with this Article, the Employment of child Act
(ECA) 1991 disallows the child labor in the country. The ESA defines a child
to mean a person who has not completed his/her fourteenth years of age.
The ECA states that no child shall be employed or permitted to work in any of
the occupation set forth in the ECA (such as transport sector, railways,
construction and ports) or in any workshop wherein any of the processes
defined in the Act is carried out. The processes defined in the At include
carpet weaving, bidi (kind of a cigarette) making, cement manufacturing,
textile, construction and others). NTDC and its constructors will be bound by
the ESA to disallow any child labor at the project sites or camp sites.
3.4.10 Antiquities Act, 1975
This Act prohibits destruction, damage and defacement of antiquities. It
restricts any development plan or scheme or new construction within 200 feet
(60m) of a protected immovable antiquity, except with the approval of the
Director General of the Department of Archaeology and Museums, GOP.
Even the Government may prohibit or restrict excavation, blasting, heavy
vehicle movement or any other such activity in the vicinity of the immovable
antiquity. If during construction stage, any antiquities are found, the
Department of Archeology, Govt of Sindh will be immediately informed and
work will be suspended until the clearance from the Department.

3.4.11 Pakistan Penal Code, 1860

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This Code defines the penalties for violation against polluting air, water
bodies and land.
3.5 PAKISTAN ENVIRONMENTAL ASSESSMENT PROCEDURES
3.5.1Pak EPA has published a set of environmental guidelines for carrying out
environmental assessments and the environmental management of different
types of development projects. The guidelines that are relevant to the
proposed project are listed below, followed by comments on their relevance to
the proposed project.

Policy and Procedures for Filing, Review and Approval of

Environmental Assessments
These guidelines define the policy context and the administrative
procedures that will govern the environmental assessment process from
the project pre-feasibility stage to the approval of the environmental
report. The section on administrative procedures has been superseded by
the Pak EPA, IEE EIA Regulations, 2000.

Guidelines for the Preparation and Review of Environmental Reports

Guidelines on preparation of environmental reports address project
proponents, and specify:
The nature of the information to be included in

environmental reports
The minimum qualifications of the EIA conductors

o
appointed
o

The need to incorporate suitable mitigation measures

into every stage of project implementation

The need to specify monitoring procedures

The terms of reference for the reports are to be

prepared by the project proponents themselves. The reports must
contain baseline data on the project area, a detailed assessment
thereof, and mitigation measures.

Guidelines for Public Consultation

The guidelines deal with possible approaches to public consultation and
techniques for designing an effective program of consultation that reaches
out to all major stakeholders and ensures the incorporation of their
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concerns in any impact assessment study. The basic principles of these

guidelines will be followed, and the public and other agencies consulted,
in preparation of this study.

Guidelines for Sensitive and Critical Areas

The guidelines identify officially notified protected areas in Pakistan, including
critical ecosystems, archaeological sites, etc., and present checklists for
environmental assessment procedures to be carried out inside or near such
sites. Environmentally sensitive areas include, among others, archaeological
sites, biosphere reserves and natural parks, and wildlife sanctuaries and
preserves.

3.5.2

Sectoral Guidelines: Sewerage Schemes

These guidelines identify and explain issues that should be addressed for a
sewage collection, transportation, treatment, and disposal system.

The

guidelines primarily address the issues associated with domestic sewage.

These guidelines will be consulted while addressing the issue of disposal of
sewage from the camp sites, offices and colony in the grid site.
3.5.3

The Solid Waste Management Guidelines

These guidelines were promulgated by Pak EPA in collaboration with JICA in
2000, which aims to facilitate control on waste by providing principles of good
waste management and reducing waste at source. These guidelines will be
consulted while addressing the issue of solid waste management from the
camp sites, offices and colony in the grid site.

3.6 GUIDELINES OF THE JAPAN INTERNATIONAL COOPERATION AGENCY

(JICA)
JICA has adopted it as policy that for Banks aided project; the borrower
country is required to carry out its environmental impact assessment (EIA). In
addition, the borrower is obliged to implement measures to mitigate
anticipated

environmental

impacts,

to

prepare

an

environmental

management, monitoring and institutional strengthening plan. In this respect

the JICA has issued its policy vide Guidelines for Confirmation of
Environmental and Social Considerations, April 2002. These guidelines lays
down procedures for conducting EIA, highlights aspects to be considered
including

public

consultation,

grievance

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management plan, capacity development, training, information disclosure

procedures, etc. As the JICA is financing the project, so the EIA will follow
these guidelines. The mechanisms / procedures for public consultations,
monitoring, grievance redressal, etc., will be framed as per requirements of
these guidelines.
3.7 AGREEMENTS, PROTOCOLS AND UNDERSTANDINGS AT
INTERNATIONAL LEVEL
On international level, Pakistan is signatory to a number of agreements,
protocols and understandings. Some of these are:

Framework Convention of climate change (New York, 1992).

Convention on Biological Diversity (Riode Janeiro, 1992).

Convention on Wetlands of international importance, especially as

Waterfowl Habitat (RAMSAR, 1971)

Convention on Conservation of Migratory species of Wild Animals (Bonn,

1979) as a follow up to RAMSAR, 1971.

Protocol on substances that deplete the Ozone layer (Montreal, 1987)

3.8 NTDC SAFETY CONSIDERATIONS ON SELECTION OF T/L ROUTES AND

GRID STATION SITES
The following safety considerations issued by the Design Directorate of
NTDC are kept in view while selecting the sites for T/L route and grid station
sites.
3.8.1 Environmental Safety Considerations

Operations in environmentally sensitive areas with special

respect for fragile ecosystems and their inherent bio-diversity are
avoided to the possible extent.

The Right of Way (ROW) for T/L or sites for sub-stations

through natural features like high mountains, hilly terrain susceptible to
land slides, large lakes, reservoirs, marshes, human habitations and
reserved forests / national parks are avoided to the possible extent, for
insuring reliability, security and economy.

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ROW

is

selected

duly

considering

the

location

of

telecommunication lines and railway circuits to avoid electrical

interference due to mutual induction.

Adoption of innovative technologies / latest equipments to abate

pollution in construction activities and operations.

3.8.2 Social Safety Considerations

Residential structures are kept 12 m out from the plumb line of

the outer conductor in ROW. However, in the absence of an alternative
alignment, an exception can be made for farm buildings and single store
factory buildings, provided neither is used as a residence.

T/L routes through area of cultural or historical importance and

religious places are avoided to the possible extent.

Alternative route alignments are used if any school, rural

dispensary, mosque or local shrine (ziarat) comes within 200 m of the
centerline of a planned route

Brick kilns are kept at least 30 m outside the centerline of the

ROW

Tube wells and open wells using a surface pump are not
permitted under the high voltage conductors. This due to the reason
that piping and cranes used to recondition such wells could come in
contact with the high voltage conductors.

Existing open wells including Persian or artesian wells are

allowed to remain under the high voltage conductors, as are hand
pumps. Existing open wells in the ROW will be capped.

Existing orchards can remain within the ROW although towers

are kept out of orchards wherever possible. Orchards are over sailed by
a clearance of 6 meters above the height of a mature orchard whereas
all the other trees are removed.

The alignment of the T/L and the selection of grid station sites
are made by NTDC after discussion with the key persons of the area,
avoiding properties, infrastructures and religiously sensitive areas, such
as shrines and graveyards to the possible extent.

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Selection of the sites for construction of tower foundation and

tower erection is made consciously on stable surfaces ignoring sites
prone to erosion/slip.

The spacing between the towers/poles may not be uniform and

range variously for physical and other considerations such as crossing
of main roads, residential areas and trees and for avoiding graveyards
and big ditches in between the two towers/poles.

The route alignment of the T/L, location of the towers / poles

and the corridors are identified by NTDC.

The parameters relating to public safety as adopted by the

NTDC for the planning and design of transmission systems are provided
in

Annexure 3 and the main features are discussed as follows:

3.8.3 Public Safety Parameters

The main consideration relating to the public safety relates to

the safe horizontal and vertical distances of the conductor from the
ground level to avoid the electrocution of the living beings under the
T/L. In view of public safety, a corridor having a width of minimum 30
m, clear of all obstructions is adopted for Extra High Voltage (EHV)
500 and 220 kV T/L (half on either side from the center line). However,
general farming within this corridor is allowed and the tree plantations
that do not exceed a height of 1.5 m are also allowed to remain under
the lines. Similarly, open wells, including Persian wheels are allowed
to remain under the T/L. Tube wells and Peter pumps are not
permitted under the high voltage conductors. This is for the reason
that piping and cranes used to refurbish such wells may come in
contact with the lines.

No residential or other public buildings like factory, school,

hospital, mosque except for the graves / graveyards are permitted
within the corridor. However, farm buildings which are used for
residential purposes are allowed to remain under the extra high
voltage lines, provided 8 m vertical clearance is maintained. The
height of the towers can be increased to accommodate such buildings.

3.8.4 Conductor to Ground Clearance

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The conductor to ground clearance is desirable to be worked

out based on over voltage due to switching surge. Safe clearance is
required to provide for moving objects under the line with a height of
4.5 m, withstanding switching surge of 3-sigma margin with 99.7 %
probability under adverse atmospheric conditions. This is to keep off
the maximum voltage gradient at ground level and maximum current
induced in person less than internationally allowable values. As such,
conductor to ground clearance shall in no way be less than 9 m. This
is in accordance with the regulations of GOP/ WAPDA.

WAPDA / NTDC have accepted current international standards

for conductor to ground clearance for the construction of EHV T/L
Projects. The specific standards accepted are that of the National
Electrical Safety Code (ANSCI C2), currently applicable in the United
States.

The permissible conductor clearance (at a maximum temperature of 65.5 0C)

is given in Table 3.2.
Table 3.2 Conductor to Ground Clearance
Serial
Item
1
Cultivated land traversed by vehicles
2
Communication and Power Lines

220 kV (m)
7.92
7.92

500 kV (m)
9.45

Power Lines up to 132kV

3
Highways
4
Railroads
5
River at high flood level
6
Places accessible to pedestrians only
7
Building roofs
8
Top of trees (Orchards)
9
Canals
10
Lightening Protection Wires
3.8.5 Corridor Clearance

5.00

6.70

7.92
8.84
9.14
8.84
7.62
6.00
9.14
5.00

9.45
9.14
9.14
9.14
9.14
6.00
9.14
6.70

In Pakistan, EHV T/L are exclusively sited in rural areas, where they connect
with ex-urban grid stations. The high voltage lines situated within urban areas
are routed along canal banks or non-residential corridors. NTDC / WAPDAS
overall policy on horizontal clearances is to keep all buildings and other
obstructions out of the ROW of a high voltage T/L. Horizontal clearance of
30 m is adopted for 220 kV and 500 kV T/L.

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Sector wise Legislation

Sector-wise legislation applicable in Pakistan is given in Table 3.3
Table 3.3 Sector - Wise Legislation
Serial
Sector
Legislation
1
Environmental The Pakistan Penal Code (1860)
protection
Pakistan Environmental Protection Act, 1997
2
Land use
The Land Improvement Loans Act (1883)
The West Pakistan Agricultural Pests Ordinance (1959) and
Rules (1960)
The Sindh Local Government Ordinance
The Sindh Salinity Control and Reclamation Act (1988).
he Regulation of Mines and Oil-Fields and Mineral
Development (Government Control) Act, 1946.
3
Water quality The Pakistan Penal Code (1860)
and resources The Canal and Drainage Act (1873)
The Factories Act (1934)
The Sindh Local Government Ordinance (1979/80)
On-Farm Water Management and Water Users Associations
Ordinance (1981)
Indus River Water Apportionment Accord (1991)
4
Air quality
The Pakistan Penal Code (1860)
The Factories Act (1934)
The Motor Vehicles Ordinance (1965) and Rules (1969)
The Sindh Local Government Ordinance (1979/80)
5
Noise
The West Pakistan Regulation and Control of Loudspeakers
and Sound Amplifiers Ordinance (1965)
The Motor Vehicle Ordinance (1965) and Rules (1969)
NEQS, 2000
6
Toxic or
The Pakistan Penal Code (1890)
hazardous
The Explosives Act (1884)
substance
The Factories Act (1934)
The Agricultural Pesticides Ordinance (1971) and Rules
(1973)
7
Solid wastes
The Factories Act (1934)
and effluents
The Sindh Local Government Ordinance (1979/80)Pakistan
Environmental Protection Act, 1997
8
Forest
The Forest Act (1927)
conservation
The West Pakistan Firewood and Charcoal (Restrictions) Act
(1964)
The Cutting of Trees (Prohibition) Act (1975)
The Sindh Management of Protected Forests Rules (1975)
The Sindh Local Government Ordinance (1979/80)
The Sindh Forest Development Corporation Ordinance (1980)
9
Parks and
The West Pakistan Ordinance (1959)
wildlife
The Sindh Wildlife (Protection Preservation Conservation and
conservation
Management) Act (1975) and Rules (1976)
protection
Sindh Local Government Ordinance (1979/80)Export and
Control Order (1982)
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Cultural
environment
Livestock

11

The Antiquities Act (1975)

West Pakistan Goats (Restriction) Ordinance (1959)

The Grazing of Cattle in the Protected Forests (Range Lands)
Rules (1978)
Pakistan Animal Quarantine (Import and Export of Animals
and Animal Products) Ordinance (1979/80)
The Sindh Local Government Ordinance (1979/80)
12
Public health
The Pakistan Penal Code (1860)
and safety
The Boilers Act (1923)
The Public Health (Emergency Provisions) Ordinance (1944)
The West Pakistan Factories Canteen Rules (1959)
The Sindh Local Government Ordinance (1979/80).
The West Pakistan Epidemic Diseases Act (1979/80)
Source: Pakistan National Conservation Strategy, 1992
3.8.6 Regulations and Guidelines

Pak EPA, Regulations and GOP, Pak EPA, Environmental

Assessment Procedures, 1997.

GOP, Pak EPA, Review of IEE and EIA Regulations, 2000.

Government of Pakistan (GOP), Pak EPA, guidelines for
public participation.

GOP, Pak EPA, sectoral guidelines.

Guidelines for sensitive and critical areas.

Management
Regulations, 1999.

of

Health

and

Safety

at

Fire Precautions (Workplace) Regulations, 1997.

Pakistan Bio-safety Rules, 2005.

Workplace

3.8.7 Local Government Obligations

3.9

ENVIRONMENT PROCEDURES

3.9.1 Environmental Policy

NTDC is an environment conscious company. It has always laid stress on
maintaining high standard of environmental values.
3.9.2 Training Program
Training program for Capacity Building is given at Annexure 11.
3.9.3 Undertaking
The undertaking by the proponent is given at Annexure 9.
3.9.4 Environmental and Social Monitoring
NTDC will regularly carryout internal monitoring of environmental and social
parameters of this project. Environment & Social Impact cell NTDC Lahore is

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functional with PIU since 2007 for compliances of environment & Social
safeguard matters of NTDC Projects.

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