Punjab Environmental Protection (Delegation of Powers for Environmental Approvals) Rules, 2017

~· EXTRA ORDINARY ISSUE REGISTERED No. 1.-7532 itbt . }lnnf ab <ia1rttt PUBLISHED BY AtmlORITY LAHORE WEDNESDAY JULY 05, 20 t 7 GOVERNMENT OF THE PUNJAB LAW AND PARLIAMENTARY AFFAIRS DEPARTMENT NQTIFICATION (94 of 2017) 4 July 2017 The following Notification No. · SO(Tech)/EPD/~-26/2004:, dated 15.06.2017 issued under section 31 read with section 26 of the Punjab Environmental Protection Act, 1997 (XXXIV of 1997) for the Punjab Environmental Protection (Delegation of Powers for Environmental Approvals) Rules 2017 is published for general information: Price Rs. 10.00 Per Page DR SYED ·ABUL HASSAN NAJMEE Secretary : Government of the Punjab Law and Parliamentary Affairs Department ( 65) 66 THE PUNJAB GAZETIE (EXTRA ORDINARY) JOLY OS, 2817 GOVERNMENT OF THE PUNJAB ENVIRONMENT PROTECTION DEPARTMENT 15'" June. ~OU NOTIFICATION No. SO(Tech)/EP0/1-26/2004: · In exercise of the powers .conferred under section 31 read with section 26 of the Punjab Environmental Protection Act, 1997 (XXXI\/ of 1997), Governor of the Punjab is pleased to make the following rules. 1. Short title and commencement: - (1) These rules may be cited (Delegation . of Powers for ns the Punjab · Environmental Protection Environmental Approvals) Rules 2017. (2) They shall. come into force at once. L Definitions:- ( 1) In these rules; (a) ~Act" means the Punjab Environmental Protection Act. 1997 (XXX/Vof 1997); (b) . "Agency" means the Provincial Environmental Protection 1\gency established under section 5 of the Act; (c) (d) (e) (f) (g) (h) "Commissioner" ·means the Commissioner appointed under the Punjab Civil Administration Act 2017 (Ill of 2017); "Committee" means the Committee est~blished under the rules; · · "Division" means a Division constituted under thei Land Revenue Act. 1967(XV/fof1967); Punjab . "notified officer.,, means an officer . of the - Agency notifi~d for a district under the rules; "Government" means Government of the. Punjab; "rules" means the Punjab Environmental · (Delegation of Powers for Environmental Rules 2017; and ·" Protection · Approvals) (i) "Secretary'' means Secretary to the Government, Environment Protection Department. (2) An expression used but not defined in the rules shaU have the same meanings as is assigned to it in the Act · 3. ' Application for environmental approval:- A proponent may submit the environmental assessment of a project, mentioned in Schedule-I Jo the notified offic ·Jr of the district along with the receipt of payment of the prescribed fee. ~ . THE PUNJAB GAZETTE (EXTRA ORDINARY) JULY 05. 2117 ~7 4. Prelimlnary scrutiny:• The notified officer shall, within ten-working days of the receipt of the environmental assessment and with the approval of t' Commissioner: (a) confirm that the environmental assessment is< cb~plete for .review; or (b) ·require such additional information as may be specified; or . ' . ( c) return with reasons the environmental assessment to the proponent for revision. · 5. Review:- {1) The notified officer shall, within fifteen days of the confirmation under rule 4, review the environmental assessment. ( 2) The notified officer may consult an expert or a committee of experts as may be specified or constituted for the purpose by the Agency. (3) The :iotified officer, if necessary, may inspect the site of the proposed project. 6. Environmental approval committee:- (1) For each Division, . there shall be a committee consisting of: (a) the Commissioner who shall be the chairperson of the committee; ( b) the notified officer who shall be the convener of the committee; .. and (c) ·an expert relevant to the environment protection appointe.d by the Secretary from a panel recommended by the concerned Commissioner. (2) The committee shall consider the environmental assessment in . the light of the findings of the review carried out under rule 5 and, in appropriate case!s, the committee may grant environmental approval. ( 3) The chairperson · may invite any person to attend a meeting, if ~ necessary, for purposes of any information or advice but such person shall not have a right to vote. ( 4) The committee shall ordinarily meet once i.n a month· but the Secretary or the Chairperson may, at any time, convene a meeting. (5) All decisions of the Committee shall be expressed in terms of the majority opinion. · 7. Conditions of approval:- (1) Every approval shall, in addition to the conditions specified by the committee, ·be subject · to the condition that the project shall be designed, alid constructed and mitigating and other measures shall be adopted in accordance with law. . . . (2) The proponent shall, before commencing the construction of the project, acknowledge acceptance of the stipulated conditions by executing an undertaking in the Form set out in Schedule-II. 68 THE PUNJAB GAZETTE (EXTRA ORDINARY) JULY 05~2017 (3) The propqnent shall, before operation of the project. obtain approval for. the operational phase and. for the purpose, certify that all the·,·conditions of approval and requirements relating to design and construction have been met and all the mitigating and otfier measures have been taken . . a~ Monitoring:- (1) The Commissioner himself c;>r through the notified officer shall · regularly monitor the compliance of the conditions ol approval and operation of the projects and co~pliance of the Act. (2) For purposes of sub-rule (1), the Commissioner, or with the permission ·of the Commissioner, the notified officer may require the proponent, if necessary, to submit any ~elevant information at such intervals as . he may consider appropriate. · 9. Cancellation of approval:- (1) If, at any time, the Committee is of the opinion that ihe conditions of an approval have not been complied with, or that the information supplied by a proponent in the approved environment assessment was incorrect, the Committee shall issue a show cause notice to the . proponent requiring him to explain as to why the approval may not be annulled. ( 2) The proponent shall, within Fifteen days of the receipt of the .show cause notice, submit the reply but if no reply is received within the stipulated time or- if the reply received is found unsatisfactory, the committee, after giving the proponent an opportunity hearing, may: a) require the proponent to take such measures and to comply with such conditions within such period as it may be specified; or b) annul the approval. (3) On annulment of the approval, the proponent shall forthwith stop f\ the construction or operation of the project. \j (4) Any action taken under this rule shall be without prejudice to any other action that r.1ay be taken against the proponent in accordance with law.· 10.Register of projects:- (1) The notified officer shall, i.n the Form given in U Schedule-Ill, maintain a register of projects in respect of which environment . assessments am r'eceived. (2) The notified officer shall submit monthly updates of the register to the Agency. 11. Other appro.)lals:- In addition to the approval under the rules, the proponent shall also obtain any other approval or consent if required under any law. 12. Powers of the Agen~y to grant environmental approvals: ( 1) Notwithatanding anvthing ocmt9'ined In the rule•, th• Agenoy may grant environmental approval in respect of a project listed at Schedule-I and, after recording reasons and affording an opportunity of hearing to the proponent: (a) impose conditions in addition to the conditions of approval; (b) annul the approval granted under th~ rules. (2) The Agency may monitor the projects approved by it. • . TflE PUNJAB GAZETTE (EXTRA ORDiNARV) JUL VOS, 2017 69 . (3) The Secretary and the Agency may, from time to time, call for and inspect the record pertaining to the grant of approvals. 13. Decisio~ All decisions made und er the rules shall forthwith be communicated in writing to the proponent, the Secretary and the Agency. 14. Appeal:- Any person aggrieved by an order or direction of the committee under rules 6. 7 or 9 or of the Agency under rule 12 may prefer an -appeal before . the Environmental Tribunal within thirty days of the date of the receipt of the impugned order or direction. () 0 ~ ·')(A ( ~ · (SAIF ANJUM) '1' SECRETARY GOVERNMENT OF THE PUNJAB ENVIRONMENT PROTECT10N DEPARTMENT . 70 ' THE PUNJAB GAZETTE (EXTRA ORDINARY) JULY OS, 2017 . . SCHEDULE I [See Rule 3 and 13] List of projects for which environmental assessment may be submitted to notified officer under these r~les: a Auto-repair Workshops b. Basic Health Units, · Rural Health Centers, Hospitals up to 50 beds c. Base Transceiver Station (BTS) Towers d. Canal cleaning and de-siltation e. Cold Storage and Warehouses f. Commerdal buildings including Apartments, Shopping Malls, Office Complexes, etc. costing more than Rs.50.000 million but up to Rs.1,000.000 million (including cost of lar.d) \Y ~· v~~i. Construction and lining of water courses Const1uctio11 of roads falling within the jurisdiction of a district, excepting highways, expressways, and motorways. Controlled [nvironrner:t Poultry and Layer Farms · j Educational institutions 1 \\ / ~· Establi~h1m~nt and operation of Brick Kiln Units I \. .. 1. Estab!ishrn:nt and ;.:peration cif Petml and r:;NG St<:~tion:. ! / ·\ .. rn . Fish Far~ns L/ n. Petrol 9,-:j • .. :1·~G Staiion<; .. o. SOUD Waste Management, exc~pting iandfills v Water supply sci-ierne:,;/ Water Purifisatic·n Piants costing up to Rs.20.000 rniilion. q. \.Vo.od pro<.luc:t manufacturing costing up tn R.s.50.GOO million (indudinq cosi · of land) r. Any other · project with 110 major adverse environmental impact ~;;; notified by Secretary. TllE PUNJAH GAZETTE (EXTRA ORDINARY) JUI~ Y 05, 2017 '71 Undertaking SCHEDULE II [See Rule 7(2)] I, (full name and aduress) as propone,\tfor (name, description and location of project) do hereby solemnly affirm and declare that I fully understand and accept the conditions contained in the approval accorded by the Local Environmental Approval Committee bearing tracking No. dated and undertake to design, construct and operate the project strictly in accordance with the said conditions and the environmental asser.srnent. Date Signature, · ~ Name and designation of propane t (with official stamp/ seal) Witnesses (full name and addrasses) ( 1) (2) (3) 72 TUE PUNJAB GAZETTE (EXTRA ORDINARY) JULY 05, 2017 Register 1. Trackiog oumber SCHEDULE Ill [See Rule 11] 2. Category type (as per Schedule I and II) 3. Name of proponent 4. Name and designation of contact person 5. Name of consultant iX 6. Descriptior. of project 7. Location of project 8. Project capital cost 9. Date of receipt of environmental assess nt 10. Date of confirmation of completeness 11. Approval granted (Yes/ No) 12. Date of approval granted or refused 13. Conditions of approval/ reasons for refu al 14. Date of undertaking ·15. D;;ite of extension of approval validity 16. Period of extension 17. Date of commencement of construction 18. Date of issue of confirmation of compliance 19.0ate of commencement of operation 20. Oates of filling of monitoring reports 21 . Date of cancellation, if applicable