Punjab Environmental Protection (Registration of Environmental Consultants) Regulations 2017

' I i •·:'.XTRA <i>RDINARY ISSUE I I ~ · I .. REGISTERED No. I.-7532 1 <Eb£ Jnntab <ia?tfu . \ PUBLISHED BY AUTHORITY I LAllORE TUESDAY AUGUST 15, 2017 i I l \ l I l I I l GOVERNMENT OF THE PUNJAB . LAW AND PARLIAMENTARY AFFAIRS DEPARTMENT NOTIFICATION (103 of 2017) I ,... . 15 August i017 NotiMcation No. SO(T)EPD/1-26/2004, dated 09.08.2017, issued by I I Government of the Punjab, Environment Protection Department, is . I . hereby published . for general information: ; . i l \ I I i I I l . "GOVERNMENT OF THE PUNJAB . . ENVIRONMENT PROTECTION DEPARTMENT ·Dated Lahore, the 9th August, 2017. ! ' ' \ NQTIFICATION \ . NsL..StUTl/EPD/1-26/2004; .r In exercise of the powers conferred 1 ' . . under section 33 of the t- Punjab Environmental Protection Act, 1997, Governor of the Punjab has been . ·pleased to make the following · regul~tions: · I 1. \short title and comin~nci!m•nt .- (l) these regulations shall be cited j as the Punjab Environmental Protection (Registration of Environmental Consultants) Regulations, 2017. \(2) They shall come into force at once. Price Rs. \10.00 Per Page . I ( 613) - - -.....! I t 614 THE PlJNJAH GAZETTE (EXTRA -ORDINARY) AUGUST 151 2017 2. Definitions.- ( 1) In these regulations, unless the context I otherwise requires: I ] (a) "Act" means the Punjab Environmental I 1997; Protection Act, j (b) "Agency" means the Environmental Protection Agency, I Punjab; j (c) "Committee" means the Consultant Registration l Advisory Committee established under regulation 5; I i l 1 l I j I I I I I I j l I l l i I l 1 i I i 1 l I ' ' i I (d) (e) (f) "Convener''. means the Convener of the Committee; "Director" means a Director of the Agency; "Director General" means the Director General of the Agency; (g) · "Consultant" means an individual consultant, a consulting firm, a consortium , joint venture or team of f consulting firms engaged in environmental assessments or technical review; (h) "Government" means Government of the Punjab; (i) "Guidelines" mean the guidelines prescribed under regulation 14; (j) "Environmental assessment" means Initial Environmental Examination or Environmental Impact Assessment within the meanings of the Act; (k) "Firm" means a firm incorporated under applicable law; (I) "Minister" means the Minister in-charge of Environment Protection Department; (m) "Regulations" means the Punjab Environmenta l . Protection (Registration of Environmental Consultants) Regulations, 2017; (n) ')Secretary" means Secretary to the Government of the Punjab, Environment Protection Department; ( o) ..... "Technical Review" means the review of an ~- environmental assessment submitted to the Agency under section 12 of the Act to ensure that it is technically ,, sound and has been c;:ompetently perfo~med; covers all aspects of the project to which it relates, is prop~rly docunien~ ed. and meets the recognized requirements of the quality. i (2) All other words and expressions used in these regulations, bu~ not defined herein, shall have the same meanings as are assigned to them in the Act. I . 3.! ·All environmental assessments to .be prepared by registered c~nsultants only.- From such . da~e as . may be notified by the Government in official gazette, which shall not be later than one calendar ! - . I , i i l i I nm PlJN,JAB GAZETTE (EXTRA ORDINARY) AUGUST 15, 2017 615 year jfrom the date of commencement of the regulations, the Agency shall ]not accept an environmental assessment under Section 12 of the Act, t nless it is prepared by a consultant validly registered with the Agenr y under regulation 7. · . 4. \Applications for registratic:'n etc.- ( 1) All app l icati~ns fo register as a consultant or to r'enew such registration shall be made. to ·· the 6irector General in sJch form and manner as may be given in the guiddlines. · · · \ (:L) All applications shall be accompanied by requisite fee as specifi ed in the regulation. i (3) The Director General shall cau~e all . applications to be enteqed in a register and, without any undue delay, submit such applitations which are complete in all respects to the Convener for cons ~deration of the Committee. I ' 5. ! Consultant Registration Advisory Committee.- (1) There shall be ~ Committee comprising a Director nominated .by the Director GenE1ral, who shall also be the Convener of the Committee, a Deputy I Secrytary nominated by the Secretary, one representative each from. Finance and Planning and Development Departments, two recognized experts and one civil society activist dealing with environment protection to niake recommendations to the Director General on registration o~ cons~ ltants and other matters under these regulations . . ; (2) The two expert members and civil society activist shall be appo)nted by the Secretary with . the approval of Minister . . j (3) . The Conveneri may .rco-013t any person who is otherwise not a member of the Committee to attend any meeting of the Committee for the ~urpose of advising it on a matter under discussion, but ~uch person so s~all have no right to vote. · I ( 4) The Committee shall meet biannually and also as and, when requ red by the Director General. . I (5) Subf~ct to the regulatio~s and the guideli~es, the Committee shall ! determine its. own procedure. · j (6) Presence of five members shall constitute the quorum of the meeting of the Committee. I I (7) All decisions of the Committee shall be through majoritY vote iof the members present and voting. I 6. l Consideration of applications by Committee.- (1) All applicatior:is submitted to it under regulation 4, shall be · CC)Q~id~red by the ~ommittee in a meeting. · . · , j (2) The Convener shall enter all recol"l)mendati.ons of the . Com,-n ittee in a register and without any undue delay, submit them t() · the lj>irector General for decision. . . i . .r l i I i I I 1 ( b i ~ 616 j THE PUNJAB GAZETTE'(EXTRA ORDINARY) AUGUST 15, 2017 I I I I , I .. I . . 7. l Registration of consultants by Director deneral .~ ( 1) The Dir~ctor General shall, after satisfying himself that t{e~recommendations of ~he Committee are in accordance with the regulations and guidelines, reg)ster a consl!ltant for preparation of environmental assessments or carrying out technical review and issue a certificate of practice in the forrr set out at Schedule I. i Explanation: For the purpose of th is regulation, a consultant may eit~er obtain registration for preparation of environmental · assessments or darrying out t~chnical review and not both at the same time. j (2) The registration shall be subject to such co~ditions as the Cor'timittee or the Director General may deem fit to impose. I (3) The Director G~eral shall maintain a register of all registered consultants ini. the form as set out at Schedule II . I . s. \ ,.Undertaking a technical review.- (1) The Secretary shall, w~th the< approval of Minister, through a notification in the official gazette, pre~cribed categories of projects involving serious adverse ·environmental im~acts whose environmental assessments shall be technically reviewed by a consultant. I . \ (2) The Director General shall refer environmental assessments pe1aining to such projects to a consultant registered for technical review at t~e expense oftheir proponents. ! (3) : The cost of technical review for various categories of projects shal l be fixed by the Secretary from time to time, with the approval of the! Minister, through a general or specific order published in the official gaz~tte. -.,.. . · . ! · · ( 4) ·The Director General shall . not refer an environmental assessment to a consultant who is er has been involved in any· manner. in the\ preparation of the environmental assessm~nt or otherwise had or has an interest in the project to which the environmental assessment relates. I {5) . The consul~ant to whom an environmental assessment is referred shall furnish Conflict' of Interest Disclosure Certification on the for-rh given at Schedule !'fll. . . I . . . 9. j ,?erformance evaluation of ·the consultahts.-:- (1) The Committee shall evaluate the performance of each consultant against foll9wing· basic parameters and such . other parameters as may be pre~cribed by the Secretary at least once every calendar year or as and wh~n so required by the Director General: · · I . . ! T i i i I ----~ ' ' ' ,r THE PUN.IAH GAZl<Z.l'TE (EXTRA ORQINARY) AUGYST 15, 2017 617 i ,, ! . I I I I I j I (a) (b) the number and quality of environmental assessments prepared and technical reviews CC!rried out; . adherence to any timelines ·for preparation and submission of environmental assessments or technical ! reviews; and ' i (c) degree of adherence. to the conditions of registration. \ (2) The Convener shall, without undue delay, submit all evaluation reports to the Director General. I ( 10. l Annual reports by consultaaits.- Every registered consultant shalj submit to the Directo~ General a report on all environmental ass~sments and technical reviews undertaken during the calendar year no later than thirty first day of January of the succeeding year in such I . . forni and manner as the Direct6r General may from time to time direct. · I ~ . I 11. J Co<Je of f9n~u~ fQ~ ~9ns~ltaai~s.- (1) Th~ Secretary shall, with. the ~pproval of the Minist .. ~r, issue a code of cqnquct for cgnsultanis for the ~urposes of the regulations. I (2) Any violation of the cgge of conc1u~ shC!!I constitute a missonduct by the consu!tant for the purpos~ of r~9,uli3.tion. 12. ' ' 12. 1 s~~~ensio" or r'~~~M~" ~r r~;~r~~t~n:~ n> Tne Oire~tor GenTral may, o~ th~ f~fWT'fn~".19~tlof1 · of thf! ~~!TI~!~t~e, SL!Sp~nd regi~tnWon of ~ consul~arit if t~~t co~s~lt~pt: · J (a) fails to ~pply fgr r~r~~~1 ·of re9iis~ra~ion after lapse of 1 six months from the date of expiry; or · · I (b) fails t~'. ; ~~~~it 1 01a~~G~1 · ·r~gdrt; i · ~s! requirec1 ~nqer i regu.J~i~n 10; · · . · · . · . . . I (c) .· fa1!s to perform, ~~t!~fa,~9nly a.~ p~r eva!H~t1on earned 1 out '-1~1d~f reQ4l~t!on 9,~ 9f \ (d) f~ils ~9 ~qi~~·,~,{~'py' c99pit!9~ ~f r~g!§tra.~~or .. i (2) The 01recto,r G~rer~! ni~y, ~~ ~he . r~~Pmrn~n<:1~~1011 of the Com'.mittee, r~voke r~~is~rnt!prir~f ~ ~()'1§4!t~m if ~D~~ f90~~!t~~~: 1 (a) fails . to ~· ~PP,'Y. f Pf re.~;~~r~tiQ~ ~~~Rlt~ mq n9tic~s to I . s~ch eff~~ ~ive,~ a.t f~~~<m~~I~. lrf~~~!§. ~n,~~ !~p~e of 1 . '" six mo11H~~ fr9~ ~~~ ~~~~ ~f ~¥P!f'¥ qf r.~9t~~f@~ton; ! (b) fails ·tp : 1Mpr9~~ · R~rt9.rrn~hf~ · ~~~p1t~ twg m>.t!c~s to I such effect QiV~" c:tt r~~~9f!~f>I~ !r'lt~ty~!~; j (c) k119~in9,h' s.~~mi~ f f~i~~, · !pc;grr~~ Rf \!1f:~rnBl~te \ t~c~niqil r~view 9r ~~~!f~~m~'1~@1 ~~s~~~m,nt, . or ' i l i I ! I ~ 618 · 1 THE PlJN.JAH GAZETTE (EXTRA ORDINARY) AUGUST 15, 2017 ! I l I ! I I I ,.,. conceals any important information relevant to the technical review or environmental assessment; ! ! I i i I I I I i l i I j i (d) (d) (e) knowingly submits false, incorrect or incomplete information, or conceals any important information, for the purpose of registration; despite two notice given at reasonable intervals, fails to submit annual report as required under regulation 10; despite notice, fails to abide by the conditions of registration; (f) involves in a conflict of interest situation within the meanings of regulation 9; or i. (g) involves in a grave misconduct within the meanings of regulation 11. 1 I j (3) The Director General shall not revoke or suspend registration withput first providing a reasonable opportunity of hearing to the consultant clearly stating the reasons for such an action. . I (4) The consulta~t whose registration has been revoked under regJlation (2) above shall not be eligible to apply for registration until laps~ of at least one year from the date of such revocation. I i . . . 13. l All orders to be in writing.- All orders shall be made in writing I . and I where applicable communicated to the consultant without any unnecessary delay; I 14, I Guidelines.- The . Secretary shall with the approval of the Mini$ter, through a notification in the official gazette, prescribe guidelines to d~fine detailed ~.procedure for reg{Stration of consultants, applicable fee for ;registration: renewal of registration and certificate of practice, accreditation of individual consultants and professionals engaged by con~ulting firms, their work under the regulations and ancillary matters. \ . ~ l I I I i i I j i I I i l. l ! I (SAIF ANJUM) SECRETARY GOVERNMENT OF THE PUNJAB ENVIRONMENT PROTECTION DEPARTMENT ' (• f,;o M THE PlJN.IAB GAZE.TTE (EXTRA ORDINARY) AUGUST IS, 2017 619 i l ,. I ' i j SCHEDULE I I i (See Regulation 7) i I 9ERTIFICATE OF PRACTICE AS REGISTERED ENVIRONMENTAL j CONSULTANT Re~istration No: ! ' i It is hereby certified that is a registered Environmental Co~sultant in Category with the Provincial Environmental Protection Agency, Government of the Punjab. I .,. Date of Issue: I ... • Datk of Expiry: I I . i l I i I i I Director General Environmental Protection Agency, Punjab I I I ! j I I ' \ I \ I I l ~ I i ! ! ~· 1· ( I I w 11· 620 ,,-· THE PUNJAB GAZETTE (EXT~ O~OINARV) AUGUST 15, 2017 l ~S:tt'l>~LE ll (See Regulation 7) i CONTENTS OF CONSULTANTS REGISTRATION REGISTER i . . . .. . ' .. . . •,• . . . " . ..• ' ... ·, . . " . . I l ! I j ! I i i i . l l ! i l I. ! i i I , .. I I I I i 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Application tracking number Name of consultant Category in which registerea (as per Regulations) Name and designation of contac:t person Office addre~ and contactdetails Date of. initial registration Date of issue of Certificate of Practice Fee payment history Regisfration renewal history Performance evalu~tion history Cancel'!tion or .suspension history I I l fo~ {;y . j TIIE PUN.JAB GAZt:TTE (EXTRA ORJ)INARY) AUGUST 15, 2017 621 SCHEDULE III [See Regulation 8(5)] ' I i \ CONFLICT OF INTEREST DISCLOSURE CERTIFICATION ! Except as otherwise fully disclosed below (attach additional pages as needed), the Environmental . Consultant affirms, to the best of its knovJledge, information arid belief, that he, or in case of consulting firm or jolnt venture of firms, any person with any association with' the firm(s) has l ar.y interest, direct or indirect, in the preparation of the envi ~onmental assessment of the project name of the project, or has receiyed· or will receive any benefit, directly cir indirectly, in connection with ~he environmental assessment or the project. i ! I Nam~ of the Consultant Cons~ltant's Addr€$S City A Postal Code I i , .. { Signature of Authorized Person/Date Name / Title of Signer Email Address Sworh to before me this day of , 20 . Notary Pu bi it . ! l i i I Important notes and explanation: I i i I I i i I I l ~ l i ,.., I Director General Environmental Protection Agency Signed this - . day of 20 ... I THE l?Ul~JAB GAZETTE(EXTRA ORDINARY) AUGUST 15, 2017 a) For the purposes of this certi fication, "associated" persons include: a spouse, child, parent or sibling· of an employee of environmental consultant. b).Environmental consultants are encouraged to disclose any other connection that could create an appearance of a conflict of interest, regardless· of wHether it meets the listed definitions. c) A materially false statement ·willfully or fraudulently made in connection with this certification, and/ or t:he failure to conduct appropriate d.ue · diligence in verifying the information that is the . subject matter of this certification, may result in rendering the environmental consultant non-responsible for the purpose of contract award, and a material ly false statement. wil lfully or fraudulently- made in connection with this certification may subject the person making the false statement to criminal charges. UR SYED ASUL HASSAN NAJMEE. Secretary Government of the Punjab Law and Pa.rl iamentary Affairs Department .. '..rL 1