Chapter 3

CONSTRUCTION OF 500 KV GRID STATION AND

ALLIED TRANSMISSION LINE AT SHIKARPUR

Policy, Legal & Administrative Framework

CHAPTER 3

POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORK

3.1 POLICY FRAMEWORK

The 1973 Constitution of Pakistan had included the subject of Environmental

Pollution and Ecology in the concurrent legislative list. The parliament and provincial governments were empowered to formulate necessary laws under

Article 142. Recently in view of the 18 th Amendment in the Constitution, this subject has been delegated to the provinces. Government of Pakistan (GOP) has announced the National Environmental Policy in the year 2005.

3.2 INSTITUTIONAL SETUP

3.2.1 Pakistan Environmental Protection Council

The Pakistan Environmental Protection Council (PEPC) is the apex decision making body of Pakistan. It was established in 1998, under the provisions of

Pakistan Environmental Protection Act (PEPA), 1997. It is headed by the

Prime Minister of Pakistan with 35 members. Chief Ministers of provinces,

Federal Environmental Minister and Provincial Environment Ministers are the members. Similarly environmental protection councils have been formed in all the provinces.

3.2.2 Delegation of Powers to Provincial Governments

The Federal Government delegated the powers and functions of the Pak EPA to Provincial Governments vide. SROs 1251 (1) to 1254 (1) 98 dated 28

October 1998.

3.2.3 Environmental Protection Agencies

Pakistan Environmental Protection Agency (Pak EPA) has been established at the federal level. At the provincial level, Environmental Protection Agencies

(EPAs) have been established in all provinces.

3.2.4 National Environmental Coordination Committee

Pak EPA has established the National Environmental Coordination

Committee vide SRO 95 (1)/99 dated 24 December 1998. Its Chairman is

Director General Pak EPA. Director Pak EPA acts as secretary / member.

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3.3 ENVIRONMENTAL STATUTORY PROVISIONS

3.3.1 Environmental Legislation of Pakistan

Pakistan Environmental Protection Ordinance had been inforced in the year

1983. A comprehensive enactment entitled PEPA, 1997 was promulgated on

6 December 1997.

3.3.2 National Environmental Quality Standards

Pak EPA with prior approval of the PEPC, established and issued NEQS vide

Gazette of Pakistan Notification SRO 742 (1) 93 dated 24 August 1993.

These NEQS were related to municipal and liquid industrial effluents, industrial gaseous emissions and motor vehicle exhaust and noise. These were revised and new standards were established in the Gazette of Pakistan as Notification SRO 549/ (1) /2000 of 8 August 2000.

3.3.3 Pakistan National Conservation Strategy

Pakistan National Conservation Strategy (PNCS), 1992 was prepared jointly by the Federal Ministry of Environment and the Conservation Union (IUCN). It is the basic policy document approved by the Government of Pakistan. It has highlighted 14 core environmental issues in Pakistan and recommended action plans accordingly. The provinces of Khyber Pakhtoonkhwah and

Balochistan have already prepared the conservation strategies in the light of

PNCS.

3.3.4 Biodiversity Action Plan (BAP) for Pakistan

Pakistan became signatory to the Convention on Biological Diversity (CBD) in

1994. Pakistan BAP was prepared in 2000 in accordance with an agreement between the Government of Pakistan and the World Bank under the Global

Environmental Facility, for protecting the biological heritage of Pakistan.

3.3.5 National Resettlement Policy

To resettle and compensate people displaced by the development projects, the GOP has issued the Project Implementation and Resettlement of Affected

Persons Ordinance, 2001. National Resettlement Policy was promulgated in

March 2002. Pakistan Environmental Protection Agency has also issued the

National Resettlement Policy Implementation Guidelines in October 2002.

3.3.6 International Agencies

’ Guidelines

International monetary/donor agencies, such as JBIC, the World Bank and the Asian Development Bank have issued guidelines for preparation and

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Policy, Legal & Administrative Framework submission of IEE and EIA reports. If these guidelines are not adhered to, funds may not be provided for a development project by these agencies.

3.4 LEGAL FRAMEWORK

The applicable laws for the study of ESA of the T/L and Grid Stations component are briefly described below:

3.4.1 Pakistan Environmental Protection Act, (PEPA) 1997

This Act stands at the apex of statutory law on environmental issues in

Pakistan and takes precedence over all preceding federal and provincial legislations in setting nation –wide environmental standards and in laying down policies and procedures under the Pakistan National Conservation

Strategy (PNCS). Pakistan Environmental Protection Council (PEPC), the apex body, established under this Act is responsible for comprehensive national environmental policy for mutation and legislation, and their implementation within the framework of the PNCS. Specifically, PEPC is empowered to approve National NEQS. Pak EPA is established to administer the PEPA, 1997. The Act is the guiding document in carrying out the environmental and social assessment of the grid stations and T/L construction project.

3.4.2 West Pakistan Water and Power Development Authority Act, 1958

This Act authorizes WAPDA to construct and operate electrical T/L with powers and obligations of a licensee under the Telegraph Act of 1910. It establishes policy for land acquisition and compensation, as well as the degree of liability of WAPDA for damages sustained by landowners or others.

3.4.3 Electricity Act, 1910

This Act provides a legal base for power distribution. A “licensee” under this

Act is enabled to operate for the supply of electricity. It obligates licensee to pay compensation for any damages caused during the constructions and maintenance of any power distribution facilities.

3.4.4 Telegraph Act, 1910

This Act was promulgated for installation of telegraphic poles and stringing. It makes a provision of installing poles/towers without acquiring any land.

However, provision is there for temporary acquisition of land during the construction period. As such, compensation will be made for a specific period. In case of present project, if this Act is invoked, it will be ensured that

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Policy, Legal & Administrative Framework land under the T/L is accessible and can be used productively. In the absence of such a situation the land will be acquired and compensation paid under Land Acquisition Act LAA 1894.

3.4.5 Forest Act, 1927 and Later Amendments

This Act establishes the right of the Government to designate areas for reserved forest, village forest and protected forest and may acquire such areas for prohibiting or restricting the public use of the resources or other activities. In case of present study, the proposed grid station sites and the

ROW of T/L do not fall within any of the forest area.

3.4.6 Protection of Trees and Brushwood Act, 1949

This Act prohibits cutting or lopping of trees and brushwood without permission of the Forest Department. In case of invoking of this Act, the

Forest Department will be approached to seek its permission for cutting of trees along the routes of T/L.

3.4.7 Sindh Local Government Ordinance



These ordinances were issued under the devolution process and define the roles of the district governments. Theses ordinances also address the land use, conservation of natural vegetation, air, water and land pollution, disposal of solid waste and wastewater effluents, as well as matters relating to public health. Under the new system of district governments, the Executive District Officer- Revenue (EDO-Revenue) is the Revenue

Officer for the district.



Under Clause 48 of the 6th Schedule of this Ordinance, the local governments are empowered to restrict any project causing pollution to air, water or land. They may also initiate schemes for improving the environment vide this legislation. In case of this project, the local government offices at union council level will be monitoring the project activities relating to environmental and social aspects.

3.4.8 Land Acquisition Act, 1894 and Later Amendments

The Land Acquisition Act (LAA) , 1894, is a “law for the acquisition of land needed for public purposes and for companies and for determining the amount of compensation to be paid on account of such acquisition”. The exercise of the power of acquisition has been limited to public purposes. The

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Policy, Legal & Administrative Framework principles laid down for the determination of compensation, as clarified by judicial pronouncements made from time to time, reflect the anxiety of the law-giver to compensate those who have been deprived of property, adequately. It is with this end in view that the association of the persons interested in the property with the process of determination of its negotiated market value by the Collector is a highlight of this Act.

The main sections of LAA 1894 for acquisition of land are briefly described in

Table 3.1. The LAA 1894 comprises of 8 parts having 55 sections. Part II of this Act deals with the land acquisition procedures. This part contains 14 sections, starting from Section 4 to Section 17, with 5A, 12A, 16A and 17A as additions to the original Sections. Table 3.1 covers the salient section of the

LAA, 1894

Table 3.1

– Sections of LAA, 1894

Serial Section

1 4(i)

Brief Description

Publication of preliminary notification in the official gazette for the acquisition of required land.

2 5 Payment of damages

3 5-A (i) (ii) Hearing of objections

4

5

6 (i) Declaration of intended acquisition that the land is required for a public purpose, after considering the report under section 5-A (ii)

7 After declaration under section 6(i), collector to take order for acquisition.

6

7

8

8 Land to be marked out unless it has already been marked out under section 4, measured and planned

9 (i) Collector to cause public notices to be given at convenient places on or near the land to be taken.

9 (ii) Such notices should state the particulars of the land so needed and shall require all persons interested in the land to appear personally or by agent before the collector at a given time and place. (Time not being less than 15 days after the publication of notice)

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9 10


The section relates to the powers of collector to require and enforce the making of statements as to names and interests.

10 11 The section deals with the enquiry with measurements, value and claims, and Award by the collector.

11

12

12 Finalization of award.

17(4) This section deals with special powers in cases of urgency / emergency.

Source: LAA, 1894

3.4.9 Employment of Child Act, 1991

Article 11 (3) of the constitution of Pakistan prohibits employment of children below the age of 14 years in any factory, mines or any other hazardous employment. In accordance with this Article, the Employment of child Act

(ECA) 1991 disallows the child labor in the country. The ESA defines a child to mean a person who has not completed his/her fourteenth years of age.

The ECA states that no child shall be employed or permitted to work in any of the occupation set forth in the ECA (such as transport sector, railways, construction and ports) or in any workshop wherein any of the processes defined in the Act is carried out. The processes defined in the At include carpet weaving, bidi (kind of a cigarette) making, cement manufacturing, textile, construction and others). NTDC and its constructors will be bound by the ESA to disallow any child labor at the project sites or camp sites.

3.4.10 Antiquities Act, 1975

This Act prohibits destruction, damage and defacement of antiquities. It restricts any development plan or scheme or new construction within 200 feet

(60m) of a protected immovable antiquity, except with the approval of the

Director General of the Department of Archaeology and Museums, GOP.

Even the Government may prohibit or restrict excavation, blasting, heavy vehicle movement or any other such activity in the vicinity of the immovable antiquity. If during construction stage, any antiquities are found, the

Department of Archeology, Govt of Sindh will be immediately informed and work will be suspended until the clearance from the Department.

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3.4.11 Pakistan Penal Code, 1860


This Code defines the penalties for violation against polluting air, water bodies and land.

3.5 PAKISTAN ENVIRONMENTAL ASSESSMENT PROCEDURES

3.5.1 Pak EPA has published a set of environmental guidelines for carrying out environmental assessments and the environmental management of different types of development projects. The guidelines that are relevant to the proposed project are listed below, followed by comments on their relevance to the proposed project .



Policy and Procedures for Filing, Review and Approval of

Environmental Assessments

These guidelines define the policy context and the administrative procedures that will govern the environmental assessment process from the project pre-feasibility stage to the approval of the environmental report. The section on administrative procedures has been superseded by the Pak EPA, IEE EIA Regulations, 2000.



Guidelines for the Preparation and Review of Environmental Reports

Guidelines on preparation of environmental reports address project proponents, and specify: o The nature of the information to be included in environmental reports o The minimum qualifications of the EIA conductors appointed o The need to incorporate suitable mitigation measures into every stage of project implementation o The need to specify monitoring procedures o The terms of reference for the reports are to be prepared by the project proponents themselves. The reports must contain baseline data on the project area, a detailed assessment thereof, and mitigation measures.



Guidelines for Public Consultation

The guidelines deal with possible approaches to public consultation and techniques for designing an effective program of consultation that reaches out to all major stakeholders and ensures the incorporation of their concerns in any impact assessment study. The basic principles of these

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Policy, Legal & Administrative Framework guidelines will be followed, and the public and other agencies consulted, in preparation of this study.



Guidelines for Sensitive and Critical Areas

The guidelines identify officially notified protected areas in Pakistan, including critical ecosystems, archaeological sites, etc., and present checklists for environmental assessment procedures to be carried out inside or near such sites. Environmentally sensitive areas include, among others, archaeological sites, biosphere reserves and natural parks, and wildlife sanctuaries and preserves.

3.5.2 Sectoral Guidelines: Sewerage Schemes

These guidelines identify and explain issues that should be addressed for a sewage collection, transportation, treatment, and disposal system. The guidelines primarily address the issues associated with domestic sewage.

These guidelines will be consulted while addressing the issue of disposal of sewage from the camp sites, offices and colony in the grid site.

3.5.3 The Solid Waste Management Guidelines

These guidelines were promulgated by Pak EPA in collaboration with JICA in

2000, which aims to facilitate control on waste by providing principles of good waste management and reducing waste at source. These guidelines will be consulted while addressing the issue of solid waste management from the camp sites, offices and colony in the grid site.

3.6 GUIDELINES OF THE JAPAN INTERNATIONAL COOPERATION

AGENCY (JICA)

JICA has adopted it as policy that for Bank’s aided project; the borrower country is required to carry out its environmental impact assessment (EIA). In addition, the borrower is obliged to implement measures to mitigate anticipated environmental impacts, to prepare an environmental management, monitoring and institutional strengthening plan. In this respect the JICA has issued its policy vide “Guidelines for Confirmation of

Environmental and So cial Considerations”, April 2002. These guidelines lays down procedures for conducting EIA, highlights aspects to be considered including public consultation, grievance redressal, environmental management plan, capacity development, training, information disclosure

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Policy, Legal & Administrative Framework procedures, etc. As the JICA is financing the project, so the EIA will follow these guidelines. The mechanisms / procedures for public consultations, monitoring, grievance redressal, etc., will be framed as per requirements of these guidelines.

3.7 AGREEMENTS, PROTOCOLS AND UNDERSTANDINGS AT

INTERNATIONAL LEVEL

On international level, Pakistan is signatory to a number of agreements, protocols and understandings. Some of these are:



Framework Convention of climate change (New York, 1992).



Convention on Biological Diversity (Riode Janeiro, 1992).



Convention on Wetlands of international importance, especially as

Waterfowl Habitat (RAMSAR, 1971)



Convention on Conservation of Migratory species of Wild Animals (Bonn,

1979) as a follow up to RAMSAR, 1971.



Protocol on substances that deplete the Ozone layer (Montreal, 1987)

3.8 NTDC SAFETY CONSIDERATIONS ON SELECTION OF T/L ROUTES

AND GRID STATION SITES

The following safety considerations issued by the Design Directorate of

NTDC are kept in view while selecting the sites for T/L route and grid station sites.

3.8.1 Environmental Safety Considerations



Operations in environmentally sensitive areas with special respect for fragile ecosystems and their inherent bio-diversity are avoided to the possible extent.



The Right of Way (ROW) for T/L or sites for sub-stations through natural features like high mountains, hilly terrain susceptible to land slides, large lakes, reservoirs, marshes, human habitations and reserved forests / national parks are avoided to the possible extent, for insuring reliability, security and economy.



ROW is selected duly considering the location of telecommunication lines and railway circuits to avoid electrical interference due to mutual induction.

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

Adoption of innovative technologies / latest equipments to abate pollution in construction activities and operations.

3.8.2 Social Safety Considerations



Residential structures are kept 12 m out from the plumb line of the outer conductor in ROW. However, in the absence of an alternative alignment, an exception can be made for farm buildings and single store factory buildings, provided neither is used as a residence.



T/L routes through area of cultural or historical importance and religious places are avoided to the possible extent.



Alternative route alignments are used if any school, rural dispensary, mosque or local shrine (ziarat) comes within 200 m of the centerline of a planned route



Brick kilns are kept at least 30 m outside the centerline of the ROW



Tube wells and open wells using a surface pump are not permitted under the high voltage conductors. This due to the reason that piping and cranes used to recondition such wells could come in contact with the high voltage conductors.



Existing open wells including Persian or artesian wells are allowed to remain under the high voltage conductors, as are hand pumps. Existing open wells in the ROW will be capped.



Existing orchards can remain within the ROW although towers are kept out of orchards wherever possible. Orchards are over sailed by a clearance of 6 meters above the height of a mature orchard whereas all the other trees are removed.



The alignment of the T/L and the selection of grid station sites are made by NTDC after discussion with the key persons of the area, avoiding properties, infrastructures and religiously sensitive areas, such as shrines and graveyards to the possible extent.



Selection of the sites for construction of tower foundation and tower erection is made consciously on stable surfaces ignoring sites prone to erosion/slip.



The spacing between the towers/poles may not be uniform and range variously for physical and other considerations such as crossing of main

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Policy, Legal & Administrative Framework roads, residential areas and trees and for avoiding graveyards and big ditches in between the two towers/poles.



The route alignment of the T/L, location of the towers / poles and the corridors are identified by NTDC.



The parameters relating to public safety as adopted by the NTDC for the planning and design of transmission systems are provided in

Annexure 3 and the main features are discussed as follows:

3.8.3 Public Safety Parameters



The main consideration relating to the public safety relates to the safe horizontal and vertical distances of the conductor from the ground level to avoid the electrocution of the living beings under the T/L. In view of public safety, a corridor having a width of minimum 30 m, clear of all obstructions is adopted for Extra High Voltage (EHV) 500 and

220 kV T/L (half on either side from the center line). However, general farming within this corridor is allowed and the tree plantations that do not exceed a height of 1.5 m are also allowed to remain under the lines. Similarly, open wells, including Persian wheels are allowed to remain under the T/L. Tube wells and Peter pumps are not permitted under the high voltage conductors. This is for the reason that piping and cranes used to refurbish such wells may come in contact with the lines.



No residential or other public buildings like factory, school, hospital, mosque except for the graves / graveyards are permitted within the corridor. However, farm buildings which are used for residential purposes are allowed to remain under the extra high voltage lines, provided 8 m vertical clearance is maintained. The height of the towers can be increased to accommodate such buildings.

3.8.4 Conductor to Ground Clearance



The conductor to ground clearance is desirable to be worked out based on over voltage due to switching surge. Safe clearance is required to provide for moving objects under the line with a height of

4.5 m, withstanding switching surge of 3-sigma margin with 99.7 % probability under adverse atmospheric conditions. This is to keep off

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Policy, Legal & Administrative Framework the maximum voltage gradient at ground level and maximum current induced in person less than internationally allowable values. As such, conductor to ground clearance shall in no way be less than 9 m. This is in accordance with the regulations of GOP/ WAPDA.



WAPDA / NTDC have accepted current international standards for conductor to ground clearance for the construction of EHV T/L

Projects. The specific standards accepted are that of the National

Electrical Safety Code (ANSCI C2), currently applicable in the United

States.

The permissible conductor clearance (at a maximum temperature of 65.5 0 C) is given in Table 3.2.

Table 3.2

– Conductor to Ground Clearance

Serial Item

1 Cultivated land traversed by vehicles

2



Communication and Power Lines



Power Lines up to 132kV

220 kV (m) 500 kV (m)

7.92

7.92

5.00

9.45

6.70

3 Highways

4 Railroads

5 River at high flood level

6 Places accessible to pedestrians only

7.92

8.84

9.14

8.84

9.45

9.14

9.14

9.14

7 Building roofs

8 Top of trees (Orchards)

9 Canals

10 Lightening Protection Wires

7.62

6.00

9.14

5.00

9.14

6.00

9.14

6.70

3.8.5 Corridor Clearance

In Pakistan, EHV T/L are exclusively sited in rural areas, where they connect with ex-urban grid stations. The high voltage lines situated within urban areas are routed along canal banks or non-residential corridors. NTDC / WAPDA’S overall policy on horizontal clearances is to keep all buildings and other obstructions out of the ROW of a high voltage T/L. Horizontal clearance of

30 m is adopted for 220 kV and 500 kV T/L.

Sector – wise Legislation

Sector-wise legislation applicable in Pakistan is given in Table 3.3

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Table 3.3 – Sector - Wise Legislation

Serial Sector Legislation

1 Environmental protection

The Pakistan Penal Code (1860)

Pakistan Environmental Protection Act, 1997

2

3 Water quality and resources

4

Land use

Air quality

The Land Improvement Loans Act (1883)

The West Pakistan Agricultural Pests Ordinance (1959) and

Rules (1960)

The Sindh Local Government Ordinance

The Sindh Salinity Control and Reclamation Act (1988). he Regulation of Mines and Oil-Fields and Mineral

Development (Government Control) Act, 1946.


The Canal and Drainage Act (1873)

The Factories Act (1934)

The Sindh Local Government Ordinance (1979/80)

OnFarm Water Management and Water Users’ Associations

Ordinance (1981)

Indus River Water Apportionment Accord (1991)



The Motor Vehicles Ordinance (1965) and Rules (1969)


5 Noise

6

7

8

9

10

Toxic or hazardous substance

Solid wastes and effluents

Forest conservation

Parks and wildlife conservation protection

Cultural environment

The West Pakistan Regulation and Control of Loudspeakers and Sound Amplifiers Ordinance (1965)

The Motor Vehicle Ordinance (1965) and Rules (1969)

NEQS, 2000


The Explosives Act (1884)


The Agricultural Pesticides Ordinance (1971) and Rules

(1973)


The Sindh Local Government Ordinance (1979/80)Pakistan

Environmental Protection Act, 1997

The Forest Act (1927)

The West Pakistan Firewood and Charcoal (Restrictions) Act

(1964)

The Cutting of Trees (Prohibition) Act (1975)

The Sindh Management of Protected Forests Rules (1975)


The Sindh Forest Development Corporation Ordinance (1980)

The West Pakistan Ordinance (1959)

The Sindh Wildlife (Protection Preservation Conservation and

Management) Act (1975) and Rules (1976)

Sindh Local Government Ordinance (1979/80)Export and

Control Order (1982)

The Antiquities Act (1975)

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11

12

Livestock

Public health and safety

West Pakistan Goats (Restriction) Ordinance (1959)

The Grazing of Cattle in the Protected Forests (Range Lands)

Rules (1978)

Pakistan Animal Quarantine (Import and Export of Animals and Animal Products) Ordinance (1979/80)



The Boilers Act (1923)

The Public Health (Emergency Provisions) Ordinance (1944)

The West Pakistan Factories Canteen Rules (1959)

The Sindh Local Government Ordinance (1979/80).

The West Pakistan Epidemic Diseases Act (1979/80)

Source: Pakistan National Conservation Strategy, 1992

3.8.6 Regulations and Guidelines



Pak EPA, Regulations and GOP, Pak EPA, Environmental Assessment

Procedures, 1997.



GOP, Pak EPA, Review of IEE and EIA Regulations, 2000.



Government of Pakistan (GOP), Pak EPA, guidelines for public participation.



GOP, Pak EPA, sectoral guidelines.



Guidelines for sensitive and critical areas.



Management of Health and Safety at Workplace Regulations, 1999.



Fire Precautions (Workplace) Regulations, 1997.



Pakistan Bio-safety Rules, 2005.

3.8.7 Local Government Obligations

3.9 ENVIRONMENT PROCEDURES

3.9.1 Environmental Policy

NTDC is an environment conscious company. It has always laid stress on maintaining high standard of environmental values.

3.9.2 Training Program

Training program for Capacity Building is given at Annexure 11.

3.9.3 Undertaking

The undertaking by the proponent is given at Annexure 9.

3.9.4

Environmental and Social Monitoring

NTDC will regularly carryout internal monitoring of environmental and social parameters of this project. Environment & Social Impact cell NTDC Lahore is functional with PIU since 2007 for compliances of environment & Social safeguard matters of NTDC Projects.

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