Environmental Impact Assessment (EIA) in Pakistan Law, Practice, and Gaps

Environmental Impact Assessment (EIA) has been one of the most important tools towards environmental governance across the world with the potential positive benefit being an active legal tool in determining the potential environmental impact of intended development projects prior to their actual start-off. In Pakistan, the EIA system is captured in the main through the Pakistan Environmental Protection Act (PEPA) 1997 which is complemented with the Review of Initial Environmental Examination (IEE) and EIA Regulations 2000. These legislations require the advocates of some industrial, infrastructural and commercial developments to seek environmental consent of concerned Environmental Protection Agency (EPA) prior to commencing any physical exercise. Although the presence of this framework is an important step forward in the defense of the environment, its practical use offers us numerous gaps.The present paper airs a critical analysis of the EIA regime in Pakistan by delving in its legal backgrounds, administrative implementation, and overall performance in ensuring the abatement of environmental degradation. It proposes that despite the fact that the EIA process is mandatory by law, in most cases it has been turned to a mere bureaucratic needle which has not served its purpose of environmental sustainability. But as we now take an even closer look at the high-stake infrastructure programs and primary one, the Lahore Orange Line Metro Train and energy set-ups within the China-Pakistan Economic Corridor (CPEC) reveal that EIAs are hurried through, poorly scrutinized or given a license to go ahead despite having potent tangible ecological hazards. This compromises the confidence of the populace and poses a fundamental question about regulatory winds and politicization of the environmental decision-making process.The other significant barrier has been the lack of technical skills as well as independence of the EPAs at the federal and provincial levels. These departments are frequently understaffed, underfunded, have a political albatross around their necks, and so cannot be severe evaluators of EIA reports or demanding in insuring follow-through enforcement after authorization. Although community involvement constitutes one of the key pillars in proper environmental governance, in Pakistan, it remains purely representational because in most cases, the communities and individuals who are affected have no real part to play in consultative mechanisms. Moreover, transparency and accountability are limited by a lack of centralized data, publicly available, of accepted or denied EIA applications.The advantages of more participatory, transparent, and independent EIA systems are visible through comparative views across such jurisdictions as India, South Africa, and Canada. As an example, the EIA Notification 2006 of India has clearer project classification and better proceduralizing of public hearings, whereas the Impact Assessment Act of 2019 in Canada institutionalizes and secures federal regulators, and considers climatic aspects in the assessment. Such overseas experiences can be used as useful examples of how to change the EIA process in Pakistan.The conclusion of this research is that the EIA system in Pakistan was established legally but has some inherent weaknesses which are adverse to its forceful performance. It is complex and involves: reform of the law so it is up to date and easy to follow, strengthening of EPAs as an institution, enforced and meaningful public participation, and incorporation of more modern environmental issues, including loss of biodiversity and resiliency to climate change. It is only in the face of these wholesome reforms that the EIA system will effectively be utilized as the means of achieving an environmentally sustainable development in Pakistan.

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