Terms of Reference Environmental Law, EIA/IEE Guideline Package, Sectoral environmental Checklist & Regulations

Transcription

1 Terms of Reference Environmental Law, EIA/IEE Guideline Package, Sectoral environmental Checklist & Regulations 1. Background Pakistan Environmental Protection Act 1997 (PEPA 97) and its subsequent rules, regulations and procedures were extended to Gilgit-Baltistan in 2002 and are being enforced by GBEPA since Federal Ministry of Environment delegated powers to Gilgit-Baltistan Environmental Protection Agency (GB-EPA) in 2007 to exercise assigned powers under the law. According to section 12 of PEPA 97 it is mandatory to conduct environmental assessments, i.e. Initial Environmental Examination (IEE) and Environmental Impact Assessment (EIA), of all development projects and get environmental approval before commencement of the project. Gilgit-Baltistan is being governed through Gilgit-Baltistan (Empowerment and Self Governance) Order, Under the 18 th amendment in constitution of Islamic Republic of Pakistan the subject of environment has been devolved to provinces. The legislative mechanism provided in the Gilgit-Baltistan (Empowerment and Self Governance) Order, 2009 is based on two tiers, the Gilgit-Baltistan Legislative Assembly and Gilgit-Baltistan Legislative Council and the fourth schedule of the Order provides the list of subject upon which the Gilgit-Baltistan Legislative Assembly can legislate. Environmental pollution and ecology listed at serial number 51 of the fourth schedule enables the assembly to make laws on the subject of environment. Submission of environmental reports to competent authorities, are now being considered as integral part of project initiation and approval process for public and private sector infrastructure projects.. Environmental Assessment reports prepared by consultants in lines with Guideline Package to develop environmental reports notified by federal EPA about 15 years back. Generally, old Guideline package was formulated at federal level keeping in view the requirements of all provinces and their geo-environmental and socio-economic conditions, however due to Gilgit-Baltistan unique environmental, social and legal status, this guideline package does not address the issues associated with development projects in a satisfactory manner. Therefore it is mandatory to develop new regulations and guidelines in the context of Gilgit-Baltistan for balancing environment, conservation and development accordingly. 1

2 2. Objectives Government of Gilgit-Baltistan has accorded priority to environment and climate change issues keeping in view the fragile ecosystem of the region, changes observed past two decades and its impact on natural resource heritage. The government has decided to legislate on the subject of environment and to provide subsequent rules, regulations, guidelines and checklist for environmental assessment reports of development projects in public and private sector in the region. Specific objectives of the assignment are to; 1. To develop Gilgit-Baltistan Environmental Protection Act. 2. Develop environmental assessment guideline package in the context of GB, and 3. Develop environmental checklist and guidelines in GB context. 4. Scope of Work The purpose of this consultancy is to provide technical assistance for formulation and production environmental laws, regulations, rules, procedures, and guidelines to fulfill the requirement of environmental law enforcement in Gilgit-Baltistan. The scope of work will cover but is not limited to the following: i). (ii). Environmental Act (Lot-1) a) Take stock of previous environmental laws of Pakistan like Pakistan Environmental Protection Order and Pakistan Environmental Protection Act 1997, b) Conduct consultative workshop in Gilgit inviting all relevant stakeholders for their input on the draft bill. c) Draft a bill for environmental protection in Gilgit-Baltistan keeping in view the administrative structure in GB, legal status of GB and special geoenvironmental and socio-economic conditions of GB. d) Built on existing environmental law Pakistan Environmental Protection Act 1997 that needs to be molded into a draft bill fit for the region. e) The consultants is required to assist the department till approval of the bill from Gilgit-Baltistan Legislative Assembly and notified as Act of the assembly EIA/IEE Guideline Package (Lot-II) Purpose of this task is to develop a comprehensive EIA/IEE Guideline Package in the context of Gilgit Baltistan. The consultant will be responsible to; a) Review previous EIA Guideline Package and relevant existing documents. b) Draft a EIA/IEE Guideline Package, best fit for geo-environmental and socioeconomic conditions of Gilgit-Baltistan. c) Conduct consultations to the relevant stakeholders of the sector and incorporate necessary inputs. 2

3 (iii). d) Incorporate sectoral needs of the region for EIA fee structure, categorization for IEE or EIA at screening stage, scoping and EIA and EMP preparation. e) Develop technical evaluation criteria for the different sectors to conduct IEE/EIA. f) Propose steps for preparation of IEE/EIA, baseline study parameters, impact identification, mitigation measures and management plan. g) Provide IEE/EIA review criteria and regulation in the context of Gilgit- Baltistan. Sectoral Guideline/Checklists (Lot-III) The purpose task is to prepare environmental guidelines, regulations and checklists for different sectors, small infrastructure projects and regulations for small and medium R&D projects in the context of Gilgit-Baltisan. The consultant will be responsible to; a) Review previous work on sectoral Guideline, checklist and regulations and built on existing documents. b) Draft new sectoral guidelines one best fit for geo-environmental and socioeconomic conditions of Gilgit-Baltistan. c) Conduct field visits for need assessment and evaluation of existing situation of environmental conditions in different areas of GB. d) Formulate assessment criteria for guidelines, checklist and regulations. e) Provide technical criteria in shape of checklist for design and establishment of respective industry, project or any other infrastructure in consultation with GBEPA. f) In case of regulations, the consultant is required to formulate technical criteria for design and establishment of infrastructure, event or activity planned. g) Suggest measures to reduce the possible impacts through best environmental practices in local context. h) Taking into account the environmental sensitivity of the region and carrying capacity of the surrounding environment, provide best design practices. Detailed list of subjects for guidelines, checklist and regulations is annexed at Expected Outputs The consultancy assignment including all lots will be expected to produce the following products: Gilgit-Baltistan Environmental Protection Act Guidelines for Preparation of Environmental Reports (IEE/EIA) 3

4 Procedure for Filling, Review and Approval of Environmental Reports (IEE/EIA), including categorization of projects for applicability of IEE, EIA, Regulations, Checklist and fee schedules Guidelines for Sensitive and Critical Areas Guidelines for Public Consultation Sectoral Environmental Checklists/guidelines/and regulations for GB 6. Working Instructions/ Time-Frame I. GB Environmental Protection Act The time for completion of Lot-1, Gilgit-Baltistan Environmental Protection Act, will be 3 months from the date of issuance of start order II. EIA/IEE Guideline Package The time for completion of Lot-2, the EIA/IEE Guideline Package, will be 3 months from the date of issuance of start order. III. Sectoral Environmental Guidelines, Regulations and Checklist The time for completion of Lot-3, will be 6 months from the date of issuance of start order. The consultant is required to work in close coordination with GB-EPA and work according to this document and the instructions issued by GB-EPA from time to time. 7. Working Arrangements The consultant will work in close coordination with GBEPA and a technical committee notified by GBEPA to review the work of consultant and approval. 8. Budget Budget is flexible and increased depending on the quality of technical proposal and financial bid received. 9. Eligibility & Qualifications required: The consulting firms applying for consultancies must have following qualifications Relevant experience of firm o Experience in drafting environmental laws o Experience in drafting environmental rules o Experience in drafting environmental guidelines and checklists o In case of a joint venture, cumulative experience of the firms should be considered. Relevant experience of the proposed team o The team should have at least one environmental lawyers and one environmental policy & safeguards specialist with demonstrated experience in: 4

5 10. Evaluations: i). Environmental Lawyer with at least 10 years experience in drafting of environmental laws, rules, checklists and guidelines as well as practice in environmental law Environmental Policy & Safeguards Specialist should have at least 10 years demonstrated experience in environmental policy, safeguard policies of international financial institutions, and management of environmental program. Technical Evaluation Criteria Technical evaluation criteria for evaluation of bids for Lot 1, 2 and 3: Passing marks are 60 out of 100. Sr. No. Consultant Capacity Total Score 01 Company Profile (company strength) Number of legal professionals (attach CVs) Number of Technical Professionals /environmentalist/ engineers (attach CVs) Give details of previous similar nature of assignments successfully completed 05 Provide office details (address, phone numbers) Provide financial strength of the company (bank statement) Provide details of similar nature of assignments / projects in hand Total 100 ii). Financial Evaluation: Financial evaluation will be on basis prices quoted for each lot separately iii). Final Evaluation: Final evaluation will be on basis of 70% technical and 30% financial weightage of the scores by the respective bidders and the lowest bidder will be awarded the assignment. The bid evaluation will be on each lot basis separately. 5

6 Annex-1 i. Guidelines Sectoral guidelines for IEE/EIA ii. a. Guidelines for Run of River type Hydropower Projects (small and medium) b. Guidelines for Large Hydropower Projects c. Guidelines for Small and Medium Dams d. Guidelines for Large Dams e. Guidelines for Major Highways and Roads f. Guidelines for Rural and Urban Roads g. Guidelines for Mining and Exploration h. Guidelines for Solid Waste Management i. Guidelines for Sewerage Collection and Treatment Systems j. Guidelines for Hospital Waste Management k. Guidelines for Large Industrial Units l. Guidelines for Large Water Supply Systems m. Guidelines for Housing Schemes n. Guidelines for Electricity Transmission Lines (Large) o. Guidelines for Large Irrigation Schemes and Channels p. Guideline for Bridges (Concrete and Suspension) Checklists a. Checklist for Establishment of Floor Mills b. Checklist for Small Rural and Urban Roads c. Checklist for Small and Medium Water Supply Systems d. Checklist for Small and Medium Schools e. Checklist for Commercial Plaza s and Markets f. Checklist for Medium and Small Power Transmission Lines g. Checklist for Medium and Small Irrigation Channels and Schemes h. Checklist for Establishment of Dairy Farms i. Checklist for Establishment of Slaughter House j. Checklist for Stone Crushing Plants k. Checklist for Marble Processing Industries 6

7 iii). iii. Checklist for small bridges including truss bridges Regulations a. Regulations for Establishment of Data Acquisition Stations (Automatic Weather Stations, Environmental Monitoring Stations, Water Gauging Stations and others) b. Regulations for Sampling for the Purpose of Research, Studies and Surveys c. Regulations for Mountaineering and Trekking d. Regulations for Medium and Small Industrial Units including Cottage Industry e. Regulations for tourist facilities and infrastructure at environmentally sensitive and critical areas f. Regulations for holding of festivals at environmentally sensitive and critical areas 7