Enforcement Background

    1. Environmental Tribunals:
    1. The Government may, by notification in the official gazette, establish an Environmental Tribunal.
    2. An Environmental Tribunal shall consist of a Chairperson who is, or has been or is qualified for appointment as, a judge of the High Court to be appointed after consultation with the Chief Justice of the High Court and two members to be appointed by the Government of which at least one shall be technical member with suitable professional qualifications and experience in the environmental field as may be prescribed.
    3. For every sitting of the Environmental Tribunal, the presence of the Chairperson and not less than one Member shall be necessary.
    4. A decision of an Environmental Tribunal shall be expressed in terms of the opinion of the majority of its members, including the Chairperson, or if the case has been decided by the Chairperson and only one of the members and there is a difference of opinion between them, the decision of the Environmental Tribunal shall be expressed in terms of the opinion of the Chairperson.
    5. An Environmental Tribunal shall not, merely by reason of a change in its composition, or the absence of any member from any sitting, be bound to recall and rehear any witness who has given evidence, and may act on the evidence already recorded by or produced, before it.
    6. An Environmental Tribunal shall hold its sittings at Muzaffarabad, however, based on the load of work and with the prior approval of the Government the Environmental Tribunal may sit at Mirpur also.
    7. No act or proceeding of an Environmental Tribunal shall be invalid by reason only of the existence of a vacancy, in or defect in the constitution of the Environmental Tribunal.
    8. The terms and conditions of service of the chairperson and members of the Environmental Tribunal shall be such as may be prescribed.
    1. Jurisdiction and powers of Environmental Tribunals:
    1. An Environmental Tribunal shall exercise such powers and perform such functions as are, or may be, conferred upon or assigned to it by or under this Act, or the rules and regulations made thereunder.
    2. All contraventions punishable under sub-section (1) of section 16 shall exclusively be triable by an Environmental Tribunal.
    3. An Environmental Tribunal shall not take cognizance of any offence triable under sub-section (2) except on a complaint in writing by;
    1. The Agency or any Government Agency or Local Council; and
    2. Any aggrieved person, who has given notice of not less than thirty days to the Agency of the alleged contravention and of his intention to made a complaint to the Environmental Tribunal.
    1. In exercise of its criminal jurisdiction, the Environmental Tribunal shall have the same powers as are vested in the Court of Session under the Code of Criminal Procedure, 1898 (Act V of 1898).
    2. In exercise of the appellate jurisdiction under section 21 the Environmental Tribunal shall have the same powers and shall follow the same procedure as an appellate court in the Code of Civil Procedure, 1908 (Act V of 1908).
    3. In all matters with respect to which no procedure has been provided for in this Act, the Environmental Tribunal shall follow the procedure laid down in the Code of Civil Procedure, 1908 (Act V of 1908).
    4. An Environmental Tribunal may, on application filed by any officer duly authorized in this behalf by the Director-General of the Agency issue bail able warrant for the arrest of any person against whom reasonable suspicion exists of is having been involved in contravention punishable under sub-section (1) of section 16.

    Provided that such warrant shall be applied or issued, and executed in accordance with the provisions of the code of Criminal Procedure 1898 (Act V of 1898).

    Provided further that if the person arrested executes a bond with sufficient sureties in accordance with the endorsement on the warrant, he shall be released from custody, failing which he shall be taken or sent without delay to the officer-in-charge of the nearest police station.

    1. All proceedings before the Environmental Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Pakistan Penal Code (Act XLV of 1860), and the Environmental Tribunal shall be deemed to be a court for the purposes of section 480 and 482 of the Code of Criminal Procedure, 1898 (Act V of 1898).
    2. No court other than an Environmental Tribunal shall have or exercise any jurisdiction with respect to any mater to which the jurisdiction of an Environmental Tribunal extends under this Act or the rules and regulations made thereunder.
    3. Where the Environmental Tribunal is satisfied that a complaint made to it under sub-section (3) is false and vexatious to the knowledge of the complainant, it may, by an order, direct the complainant to pay to the person complained against such compensatory costs which may extend to one hundred thousand rupees.
    1. Appeals to the Environmental Tribunal:
    1. Any person aggrieved by any order or direction of the Agency under any provision of this Act and rules or regulations made thereunder may prefer an appeal with the Environmental Tribunal within thirty days of the date of communication of the impugned order or direction to such person.
    2. An appeal to the Environmental Tribunal shall be in such form, contain such particulars and be accompanied by such fees as may be prescribed.
    1. Appeals from Orders of the Environmental Tribunal:
    1. Any person aggrieved by any final order or by any sentence of the Environmental Tribunal passed under this Act may, within thirty days of communication of such order or sentence, prefer an appeal to the High Court.
    2. An appeal under sub-section (1) shall be heard by a Bench of not less than two judges.
    1. Jurisdiction of Environmental Magistrates:
    1. Notwithstanding anything contained in the Code of Criminal procedure, 1898 (Act V of 1898), or any other law for the time being in force, but subject to the provisions of this Act, all contraventions punishable under sub-section (2) of section 16 shall exclusively be triable by a judicial Magistrate of the first class as Environmental Magistrate especially empowered in this behalf by the High Court.
    2. An Environmental Magistrate shall be competent to impose any punishment specified in sub-sections (2) and (4) of section 16.
    3. An Environmental Magistrate shall not take cognizance of an offence traible under sub-section (1) except on a complaint in writing by;
    1. The Agency or Government Agency or Local Council; and
    2. Any aggrieved person.
    1. Appeals from Orders of Environmental Magistrates:

    Any person convicted under this Act or the rules or regulations by an Environmental Magistrate may, within thirty days from the date of his conviction, appeal to the Court of Sessions, whose decision thereon shall be final.