KP Makes Environmental Law Stricter Than Before

The Government of Khyber Pakhtunkhwa (KP) has made its environmental protection law stricter to impose a complete ban and regulate plastic bags along with other plastic products in an effort to promote environmental friendliness.

It has amended the KP Environmental Protection Act 2014 in this regard to cover all the products that are not covered under the Environmental Impact Assessment (EIA and Initial Environmental Examination (IEE) that required general environmental approval and have been brought under the scope of the Environmental Protection Act.

The bill has been passed by the Provincial Assembly and will become law after the Provincial Governor approves it.

Features of the Amendment

• A complete ban on the manufacture, import, sale, purchase, storage, distribution, supply, transportation, and usage of plastic bags and flat plastic bags, with or without handles or gussets, and all such plastic products that the Environment Department of the province may announce from time to time.
• Manufacturers, wholesalers, and retailers are required to dispose of the existing stock of banned plastic products within six months.
• Any license or permit issued to a person for the manufacture, sale, transportation, import, etc., under any law currently in effect will cease to be effective upon the promulgation of the amended law, and the holder of any such license or permit will not commence or conduct their business with respect to the prohibited plastic products.
• After the six-month period expires, the Environmental Protection Agency (EPA) on its own or another government official or agency with government authorization may seize all prohibited plastic products after giving the person in violation of the Sub-Section (1) of the act, a written notice of the offense.

Who Will Conduct the Trial?

Regardless of anything in this Act, a case of any violation punishable by it will only be tried by a Special Magistrate appointed in accordance with Section 14A of the Code of Criminal Procedure (CCP), 1898 (Act v of 1898), based on a written complaint made by the EPA, or an officer, or any other governmental agency authorized by the government.

Penalty

Anyone who produces, imports, sells, buys, stores, distributes, supplies, transports, or uses prohibited plastic bags is subject to a fine that may extend to Rs. 0.5 million.

A repeat offense will result in imprisonment of up to one month with a fine and trial by the Environmental Magistrate authorized under this act.