Environmental Law in Pakistan - IUCN

along the country’s border with Afghanistan, not does it apply to the NWFP which enacted its ownForest Ordinance in 2002.The subject of forests was included in the Provincial Legislative List of the Government of India Act1935, and in the 1956 Constitution. It was not mentioned in the Central Legislative List of the 1962Constitution or in either of the legislative lists of the 1973 Constitution. As a result, under theresiduary rule, forestry has become an exclusively provincial subject. Provincial assemblies mayamend the 1927 Forest Act or enact new forestry laws for their respective provinces, as the NWFPhas done.5.1.2.1 Cutting of Trees(Prohibition) Act 1992This act focuses on border security rather than the protection offorests. It prohibits the cutting of trees near Pakistan’s internationalborders and provides for the demarcation of such zones. Trees inthese areas cannot be cut without the permission of an officerdesignated by the provincial government.All powers under this act have been delegated to provincialgovernments, including the power to make rules and to demarcatezones in border areas. Provincial government officers have thepower to enter, survey and map the land.5.1.2.2 Forest Act 1927Although it was enacted more than 75 years ago, the Forest Act1927 remains the basic charter for forest management across mostof Pakistan. Technically, this legislation operates as a provincial law.Although provincial governments are empowered to amend the law,it was only as recently as 2002 that the NWFP enacted its ownlegislation on the subject. Other provinces and the Northern Areascontinue to manage forest resources under the Forest Act.Designed to protect forest areas and regulate forest produce, theForest Act provides for the creation of various classes of forest andallows provincial governments to “reserve” state-owned forestland, assume control of privately owned forest land, and declareany government-owned forest land to be a protected area. The lawprohibits grazing, hunting, quarrying, clearing for the purpose ofcultivation, removing forest produce, and felling or lopping treesand branches in reserved or protected areas.Standing forests and wasteland on government-owned land, orover which the government enjoys proprietary rights, may bedeclared reserved by the government through notification in theofficial gazette (Section 3). Clearing land, felling trees, cultivation,grazing livestock, trespassing, mining and collecting forest produceare prohibited in reserved forests, along with hunting, shooting,fishing, setting traps or snares and poisoning the water (Section26). These offences are punishable with a maximum of six months’imprisonment and/or a fine of 500 rupees, in addition to whichoffenders may be required to pay compensation for damagecaused. Section 26 also prohibits setting fires in a reserved forest,and allows the government to suspend for an indefinite period allrights in a reserved forest where a fire has been set, eitherdeliberately or by negligence.05NaturalResources33EnvironmentalLaw in PakistanFederal