Environmental Magistrates

  • 13. Handling of Hazardous Substances:

    Subject to the provisions of this Act, no person shall generate, collect, consign, transport, treat, dispose off, store handle or import any hazardous substance except;

    a) Under a license issued by the Agency and in such manner as may be prescribed; or

    b) In accordance with the provisions of any other law for the time being in force, any international treaty, convention, protocol, code, standard, agreement other instrument to which Pakistan is a party.

    14. Regulation of Motor Vehicles:

    1) Subject to the provisions of this Act and the rules and regulations made there under, no person shall operate a motor vehicle from which air pollutants or noise are being emitted in an amount, concentration or level which is in excess of the Environmental Quality Standards, or where applicable the standards established under clause (g) of sub-section (1) of section 6.

    2) For ensuring compliance with the standards mentioned in sub-section  (1), the Agency may direct that any motor vehicle or class of vehicles shall install such pollution control devices or other equipment or use such fuels or undergo such maintenance or testing as may be  prescribed.

    3) Where a direction has been issued by the Agency under sub-section (2) in respect of any motor vehicles or class or motor vehicles, no person shall operate any such vehicle till such direction has been complied with.

    23. 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;

    i. The Agency or Government Agency or Local Council; and

    ii. Any aggrieved person.

    24. 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.