Environmental Impact Assessment of Mining Activities

The Supreme Court of Pakistan in the case of Public Interest Law Association of Pakistan vs. Province of Punjab (2023 SCMR 969) deliberated on the significant issue of environmental oversight in small-scale mining operations within Punjab. The case highlights the critical balance between economic development through mining and the protection of environmental and public health standards. This analysis captures the essence of the legal proceedings, key issues, relevant case law, and the Court's conclusion.

Key Issues:

Compliance with Environmental Laws: The primary issue revolved around whether the Punjab Mining Concession Rules, 2002, which govern the issuance of small-scale mining licenses, were consistent with the requirements of the Pakistan Environmental Protection Act, 1997 (the "Act"). The petitioner, the Public Interest Law Association of Pakistan, argued that these licenses were issued without obtaining the necessary environmental approvals, as mandated by Section 12 of the Act. This section requires an Initial Environmental Examination (IEE) or an Environmental Impact Assessment (EIA) before any project, including mining, can commence.

Environmental Impact of Mining Activities: The Court addressed the environmental impact of small-scale mining operations, particularly the extraction of sand, gravel, and other minor minerals. The petitioner contended that these activities, although categorized as small-scale, have significant environmental repercussions, including deforestation, loss of bio-diversity, soil erosion, and pollution. The case raised the question of whether current regulatory practices adequately protect the environment from the adverse effects of such operations.

Role and Responsibility of the Mines and Minerals Department (MMD): A critical aspect of the case was the role of the MMD in ensuring environmental compliance before granting mining licenses. The Court examined whether the MMD's practice of requiring successful bidders to obtain environmental approvals after the bidding process was legally sound. The petitioner argued that this practice negated the purpose of the IEE and EIA, which are intended to assess environmental risks before any project approval.

Shehla Zia vs. WAPDA (PLD 1994 SC 693): This landmark case established the principle that the right to a clean and healthy environment is a part of the fundamental right to life under Article 9 of the Constitution. The Supreme Court in the present case reinforced this principle, emphasizing the necessity of environmental assessments to protect public health.

Asghar Leghari vs. Federation of Pakistan (PLD 2018 Lahore 364): This case highlighted the importance of environmental constitutionalism, where the Court recognized that environmental protection is a constitutional mandate that must guide all developmental activities, including mining.

Court's Conclusion: The Supreme Court concluded that the current practice of the MMD requiring successful bidders to obtain IEE or EIA after bidding—was flawed and contrary to the spirit of the law. The Court ruled that the MMD must obtain the necessary environmental approvals before initiating the bidding process. This ensures that all environmental risks are assessed and mitigated upfront, and that bidders are fully aware of their environmental obligations before they commit to a project.

The Court also emphasized the need for the MMD to develop Standard Operating Procedures (SOPs) and guidelines to streamline the process, ensuring that environmental considerations are integrated into the planning and execution of all mining projects. Furthermore, the Court stressed the importance of adopting a climate-proof mining policy to address the broader impacts of climate change on the environment.

Contact Us:

For expert legal advice and representation in environmental matters, including compliance with environmental laws and handling disputes related to environmental regulations, AUJ LAWYERS LLP is equipped to provide comprehensive legal support. Contact us today for specialized legal services in environmental law.

We are here to help

Talk to our lawyers today. We tailor our services around your legal needs so that we can reach the desired outcome together.