How to File EIA/IEE

  • How to File EIA/IEE

    They shall come into force at once.
    2. Definitions: (1) In these regulations, unless there is anything repugnant
    in the subject or context;
    (a) “Act” means the Azad Jammu & Kashmir Environmental Protection Act, 2000;
    (b) “Agency” means Azad Jammu & Kashmir Environmental Protection Agency established under Section 5 of the Act;
    (c) “Director-General” means the Director-General of the AJKEPA;
    (d) “EIA” means an Environmental Impact Assessment as defined in clause (xi) Section 2 of the Act;
    (e) “Government” means Azad Government of the State of Jammu & Kashmir;
    (f) “IEE” means an Initial Environmental Examination as defined in clause (xxiii) section 2 of the Act;
    (g) “Schedule” means a schedule to these regulations; and
    (h) “Section” means a section of the Act.
    (2) All other words and expressions used in these regulations but not defined herein shall have the same meanings as are assigned to them in the Act.
    3. Projects Requiring an IEE: A proponent of a project falling in any category specified in Schedule I shall file an IEE with the Agency, and the
    provisions of section 11 shall apply to such project.
    4. Projects Requiring an EIA: A proponent of a project falling in any category specified in Schedule II shall file an EIA with the Agency and the
    provisions of section 11 of the Act shall apply to such project.
    5. Other Projects Requiring an IEE or EIA: (1) In addition to any category specified in Schedules I and II, a proponent of any of the following
    projects shall file;
    (a) An EIA, if the project is likely to cause an adverse environmental effect; or
    (b) For projects not specified in Schedules I and II but in respect of which the AJK-EPA has issued guidelines for construction and
    operation an application for approval accompanied by an undertaking and an affidavit that the aforesaid guidelines shall be
    fully complied with.
    (2) Subject to regulation 3, the AJK-EPA may direct the proponent of a project, whether or not listed in Schedule I or II, file an IEE or EIA, for
    reasons to be recorded in such direction. 
    (3) No direction under sub-regulation (2) shall be issued without the recommendation, in writing, of the Environmental Assessment Advisory
    Committee constituted under regulation 22.
    (4) The provisions of section 11 shall apply to project in respect of which an IEE or EIA is filed under sub-regulation (1) or (2).
    6. Preparation of IEE and EIA: (1)

    Guidelines for preparation of an IEE or EIA including guidelines of general applicability and sectoral guidelines indicating specific assessment requirements for planning, construction and operation of projects relating to particular sector issued by PAK-EPA from time to time shall stand adopted in AJK so far as practicable.
    (2) Where guidelines have been issued under sub-regulation (1), an IEE or EIA shall be prepared, to the extent practicable, in accordance therewith
    and the proponent shall justify in the IEE or, as the case may be EIA and departure there from.
    7. Review of Fees: (1)

    The proponent shall pay, at the time of submission of an IEE or EIA, a non-refundable review fee to the Agency, in accordance with
    rates specified in Schedule III.
    8. Filing of IEE and EIA: (1)

    Ten paper copies and two electronic copies of an IEE or EIA shall be filed with the Agency.
    (2) Every IEE and EIA shall be accompanied by;
    (a) An application, in the form set out in Schedule IV; and
    (b) Copy of receipt showing payment of the review fee.
    9. Preliminary Scrutiny:

    1. Within ten working days of filing of the IEE
      or EIA, the Agency shall;
      (a) confirm that the IEE or EIA is complete for purposes of initiation of the review process;
      (b) require the proponent to submit such additional information as may be specified; or
      (c) return the IEE or EIA to the proponent for revision, clearly listing the points requiring further study and discussion.
      (2) Notwithstanding anything contained in sub-regulation (1) the Agency may require the proponent to submit additional information at any stage
      during the review process.
      10. Public Participation:

    In the case of an EIA, the Agency shall, simultaneously with issue of confirmation of completeness under clause (a) of sub-regulation (1) of regulation 9, cause to be published, in any English or Urdu national newspaper, a public notice mentioning therein the type of project, its exact location, the name and address of the proponent and the places at which the EIA of the project can, subject to the restriction specified in sub-section (3) of section 11 be accessed.
    (2) The notice issued under sub-regulation (1) shall fix a date, time and place for public hearing of any comments on the project or its EIA.
    (3) The date fixed under sub-regulation (2) shall not be earlier than thirty days from the date of publication of the notice.
    (4) The Agency shall also ensure the circulation of the EIA to the concerned Government Agencies and solicit their comments thereon.
    (5) All comments received by the Agency from the public or any concerned Government Agency shall be collated, tabulated and duly considered by
    it before its decision on the EIA.
    (6) The Agency may issue guidelines indicating the basic techniques and measures to be adopted to ensure effective public consultation,
    involvement and participation in EIA assessment.
    11. Review: (1) The Agency shall make every effort to carry out its review of the IEE within forty five days, and of the EIA within ninety days, after 
    issuance of confirmation of completeness under clause (a) of sub-regulation (1)
    of regulation 9.
    (2) In reviewing the IEE or EIA, the Agency shall consult such Committee of Experts as may be constituted for the purpose by the Director-General,
    and may also solicit views of the concerned Advisory Committee, if any, constituted by the Government under sub-section (6) of section 5.
    (3) The Director-General may, where he considers it necessary, constitute a committee to inspect the site of the project and submit its report on such
    matters as may be specified by him.
    (4) The review of the IEE or EIA by the Agency shall be based on quantitative and qualitative assessment of the documents and data
    furnished by the proponent, comments from the public and the concerned Government agencies received under regulation 10, and views of the
    committees mentioned in sub-regulations (2) and (3).
    12. Decision: On completion of the review, the decision of the Agency shall be communicated to the proponent in the form set out in Schedule V in the case of an IEE, and in the form set out in Schedule VI in the case of an EIA.
    13. Conditions of Approval:

    (1) Every approval of an IEE or EIA shall, in addition to such conditions as may be imposed by the Agency subject to the condition that the project shall be designed and constructed, and mitigatory and other measures adopted, strictly in accordance with the IEE or, as the case may be, EIA, unless any variation thereto have been specified in the approval by the Agency.
    (2) Where Agency accords its approval subject to certain conditions, the proponent shall;
    (a) Before commencing construction of the project, acknowledge acceptance of the stipulated conditions by executing an undertaking in the form set out in Schedule VII; and (b) Before commencing operation of the project, obtain from Agency a written confirmation of compliance that the conditions of the approval, and the requirements given in the IEE or EIA relating to design and construction, adoption of migratory and other measures and other relevant matters, have been duly complied with.
    14. Confirmation of Compliance:

    (1) The request for obtaining a written
    confirmation of compliance under clause (b) of sub-regulation (2) of regulation 13 shall be accompanied by an Environmental Management Plan indicating the measures and procedures proposed to be taken to manage or mitigate the environmental impacts for the life of the project, including provisions for
    monitoring, reporting and auditing.
    (2) Where a request for confirmation of compliance is received from a proponent, Agency may carry out such inspection of the site and plant
    and machinery and seek such additional information from the proponent as it may deem fit.
    (3) The Agency shall issue the written confirmation of compliance, or otherwise within fifteen days of receipt of the request and such additional
    information, from the proponent as may be required under sub-regulation(2).
    (4) The Agency may, while issuing of the written confirmation of compliance impose such other conditions as to the Environmental Management Plan, and the operation, maintenance and monitoring of the project as it may deem fit, and such conditions shall be deemed to be included in the conditions to which approval of the project is subject.
    15. Extension in Review Period:

    Where the Government in any particular case extends the period of four months for communication of its approval under sub-section (5) of section 11 it shall, in consultation with the Agency, indicate the various steps of the review process to be taken during the extended period, and the estimated time required for each step.
    16. Validity Period of Approval:

     (1) The approval accorded by the Agency
    under section 11 read with regulation 12 shall be valid for commencement of construction for a period of three years from the date of issue.
    (2) If construction is commenced during the initial three years of the validity period, the validity of the approval shall stand extended for a further period of three years from the expiry of period specified in sub regulation (1).
    (3) After issuance of confirmation of compliance, the approval shall be valid for a period of three years from the date thereof.
    (4) Subject to sub-regulation (5), the proponent may apply to the Agency for extension in the validity period mentioned in sub-regulations (1), (2) and
    (3) which may be granted by the Agency in its discretion for such period not exceeding three years at a time, if the conditions of the approval do
    not require significant change.
    (5) For the purposes of sub-regulation (4), the Agency may require the proponent to submit a fresh IEE or, as the case may be, EIA, if in its
    opinion changes in location, design, construction and operation of the project so warrant.
    17. Entry and Inspection:

    1. For the purposes of verification of any matter relating to the review or the conditions of approval of an IEE or EIA prior to, during or after the commencement of construction or operation of a project, duly authorized staff of Agency may enter and inspect the project site, factory
      building and plant and equipment installed therein.
      (2) The proponent shall take steps to ensure full co-operation of the project staff at site to facilitate the inspection, and shall provide such information as may be required by the Agency for the purpose of such inspection and pursuant thereto.
      18. Monitoring: (1)

     After issuance of an approval, the proponent shall submit a report to the Agency after completion of construction of the project.
    (2) After issue of confirmation of compliance, the proponent shall submit an annual report summarizing operational performance of the project, with
    reference to conditions of the approval and maintenance and migratory measures adopted for the project.
    19. Cancellation of Approval:

    (1) In case, at any time, on the basis of
    information or report received or inspection carried out, the Agency is of the opinion that the conditions of an approval have not been complied with, or that
    the information supplied by a proponent in the approved IEE or EIA is incorrect, it shall issue notice to the proponent to show cause, within two weeks of receipt thereof as to why the approval should not be cancelled.
    (2) In case no reply is received, or the reply is considered unsatisfactory, the Agency may, after giving the proponent an opportunity of being heard,
    (a) require the proponent to take such measures and to comply with such conditions within such period as it may specify, failing which the approval shall stand cancelled; or
    (b) cancel the approval.
    (3) On cancellation of the approval, the proponent shall cease construction or operation of the project forthwith.
    (4) Any action taken under this regulation shall be without prejudice to any other action that may be taken against the proponent under the Act, rules,
    regulations or any other law for the time being in force.
    20. Registers for IEE and EIA Projects: Separate Registers shall be
    maintained by the Agency for IEE and EIA projects under sub-section (7) of
    section 11 in the form set out in Schedule VIII.
    21. Environmentally Sensitive Areas:

    (1) The Agency may, by notification in the Official Gazette, designate an area to be an environmentally sensitive area.
    (2) Notwithstanding anything contained in regulations 3 and 4, the proponent of a project situated in an environmentally sensitive area shall
    be required to file an EIA with the Agency.
    (3) The Agency may, from time to time, issue guidelines to assist proponents and other persons involved in the environmental assessment process to
    plan and prepare projects located in environmentally sensitive areas.
    (4) Where guidelines have been issued under sub-regulation (3), the projects shall be planned and prepared, to the extent practicable, in accordance
    therewith and any departure there from justified in the EIA pertaining to the project.