Environmental Law in Pakistan - IUCN

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01 ExecutiveSummary
Pakistan is a Party to all major multilateral treaties thataddress natural resource conservation andmanagement. In becoming a Party to these internationalconventions, the federal government has assumedobligations to implement their provisions which in manycases requires legislation.The subject of ecology appears in the Concurrent Legislative List of the Constitution. In theory, thisallows both federal and provincial governments to legislate on matters governing natural resources.In practice, however, the federal government has for the most part abstained from legislating naturalresource conservation and use, except in cases that affect international trade or national security.Law-making to regulate natural resource use is left primarily up to provincial governments.Most federal laws related to natural resources pre-date the 1973 Constitution. Much of thislegislation is more than 50 years old, while several laws in force today were enacted as far back asthe 1800s. These statutes delegate to provincial governments most of the responsibility foradministering the exploitation of natural resources. The legislation focuses largely on administrativematters, detailing powers, prohibitions and penalties. With few exceptions, federal statutes delegaterule-making and other implementation powers either to provincial governments or to bodies andauthorities specifically established for such purposes.Federal legislation does not apply in substantial areas of the country. The Federally AdministeredTribal Areas (FATA), Provincially Administered Tribal Areas (PATA) and Northern Areas are allexempt from federal law unless the executive branch of the government with jurisdiction for aparticular area explicitly extends the application of a legal instrument to that area.In practice, most laws governing natural resources operate as provincial laws. The only exceptionsare statutes related to marine fisheries located outside Pakistan’s territorial waters, legalinstruments governing the allocation of freshwater resources and an act that prohibits cutting treesin strategic areas.Federal statutes governing natural resources regulate the orderly prospecting and exploitation ofthose resources to ensure their continued availability for future exploitation, rather than providing forconservation and development. Laws regulating the commercial aspects of marine fisheries, forinstance, contain no provisions related to the conservation of fisheries resources. The single federallaw that enables a ban on fishing does so in the context of exploitation rather than conservation.01ExecutiveSummary13EnvironmentalLaw in PakistanFederal
Page 1 and 2: EnvironmentalLawin PakistanGovernin
Page 3 and 4: in PakistanGoverning Natural Resour
Page 5 and 6: Abbreviations 05Introduction to the
Page 7 and 8: AbbreviationsCBRCITESEIAFATAIEEIUCN
Page 9 and 10: Under the Pakistan Environmental Pr
Page 11 and 12: During the last two decades great i
Page 13: The authors of this volume are Mr.
Page 18 and 19: 02 Methodology
Page 20 and 21: 03 Hierarchy ofLegalInstruments
Page 25 and 26: The 1973 Constitution defines the s
Page 27 and 28: The president exercises executive a
Page 29: 4.4 Federal CapitalThe Islamabad Ca
Page 32 and 33: 05 NaturalResources
Page 34 and 35: 5.1.1 Land TenureThe two federal le
Page 36 and 37: The government may assign rights ov
Page 38 and 39: The Exclusive Fishery Zone (Regulat
Page 40 and 41: hunters to obtain a license (Sectio
Page 42 and 43: “Apportionment of the Waters of t
Page 44 and 45: 06 Processes andInstitutions
Page 46 and 47: 6.1.1.1 CantonmentsOrdinance 2002Th
Page 48 and 49: 6.1.1.6 Land Control(Karachi Divisi
Page 50 and 51: 6.1.2.5 AgriculturalPesticidesOrdin
Page 52 and 53: the activity of mining itself, are
Page 54 and 55: 6.1.3.7 Mines Act 1923This act, whi
Page 56 and 57: other health and safety stipulation
Page 58 and 59: safeguards for the liberalisation o
Page 60 and 61: Contravention of or failure to comp
Page 62 and 63: dangerous to the environment and, a
Page 64 and 65:
in the country. The powers of provi
Page 66 and 67:
or the environment. Amendments adop
Page 68 and 69:
6.1.10.2 ExportProcessing ZonesAuth
Page 70 and 71:
government to make rules and the Co
Page 72 and 73:
6.1.15.3 NationalEnvironmental Qual
Page 74 and 75:
import or possession of any materia
Page 76 and 77:
07 Summary andConclusions
Page 78 and 79:
With few exceptions, federal statut
Page 80 and 81:
given certain environmental and nat
Page 82:
During the last two decades, enviro
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Environmental Law in Pakistan - IUCN

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