Environmental Law in Pakistan - IUCN

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hunters to obtain a license (Section 3(c)). Killing, injuring,capturing, or attempting to kill, injure or capture a wild elephant ispermitted without a license, as long as it is done in defence ofhuman life, or to protect homes, farms, public roads, railways orcanals (Sections 3(a) and 3(b)).Powers under the act are delegated to provincial governments,which may extend the application of this law to any area within theirjurisdiction (Section 1). This statute remains in force despite thefact that in Pakistan elephants are no longer found in the wild.5.1.5 Protected AreasProtected areas are not specifically mentioned in either of the legislative lists. Although it could beargued that “ecology”, which is on the Concurrent List, includes protected areas, the subject iscurrently treated as a provincial matter under the residuary rule.There is no federal legislation to establish a national system of protected areas, or to set out basicprinciples for all provinces to follow in designating and managing protected areas, includingreserved and protected forests. Currently, “national” parks and other types of protected areas maybe established under provincial wildlife laws, but no provincial law provides for inter-provincialcoordination in designating and managing a national protected areas system.5.1.5.1 PakistanEnvironmental ProtectionAgency Review of InitialEnvironmentalExamination andEnvironmental ImpactAssessment Regulations2000 (SRO 339(I)/2000dated 13 June 2000)These regulations, issued under Section 33 of PEPA 1997,empower the “Federal Agency” to designate “environmentallysensitive areas” (Section 21 and Schedule II, item I). Under PEPA1997, Section 2(xvi), the term Federal Agency is defined as “thePakistan Environmental Protection Agency [. . .] or any otherGovernment Agency, local council or local authority exercising thepowers and functions of the Federal Agency.” The relationshipbetween “environmentally sensitive areas” that may be establishedby the federal government and protected areas established underprovincial laws is not specified.5.1.5.2 Islamabad Wildlife(Protection, Preservation,Conservation andManagement)Ordinance 1979The only federal legislation dealing with protected areas appliessolely to the Islamabad Capital Territory. This law empowers thefederal government to establish wildlife sanctuaries, national parksand game reserves in the Islamabad Capital Territory. The purposeof declaring a wildlife sanctuary is to ensure the “undisturbedbreeding” of wildlife (Section 20), while national parks are to bedesignated for the purpose of “preserving scenery, flora and fauna”in their natural state (Section 21). Game reserves may bedesignated with a view to “providing facilities for hunting” (Section22). The law also allows for the creation of private game reserves(Section 23).05NaturalResources38EnvironmentalLaw in PakistanFederalThe federal government has the power to make rules and delegateits powers. Authorised officers may arrest and prosecutesuspected offenders, and are empowered to “take all lawfulmeans” in order to prevent the commission of an offence under thisordinance (Section 31). Violations of the provisions of this
ordinance are punishable with imprisonment for up to one yearand/or a maximum fine of 2,000 rupees.5.1.6 FreshwaterFreshwater resources do not appear on either of the legislative lists, and so technically fall underthe legislative jurisdiction of provincial governments. Federal legislation currently in force governsthe allocation of freshwater resources but makes no provision for the conservation or sustainableuse of these resources. There are no federal laws to deal specifically with the subject of freshwaterpollution, which is covered by scattered clauses in the Penal Code, Forest Act and IslamabadWildlife (Protection, Preservation, Conservation and Management) Ordinance, as well as a fewprovisions of PEPA that apply indirectly.5.1.6.1 PakistanEnvironmentalProtection Act 1997Under PEPA 1997, the term environment is defined to includewater (Section 2(x)(a)) and various forms of pollution are defined indetail. In Section 2(vi), the term discharge is defined as “spilling,leaking, pumping, depositing, seeping, releasing, flowing out,pouring, emitting, emptying or dumping” while Section 2(viii)defines effluent as “any material in solid, liquid or gaseous form orcombination thereof being discharged from industrial activity or anyother source.” Emission standards, meanwhile, are defined inSection 2(ix) as “permissible standards established by the FederalAgency or a Provincial Agency for emission of air pollutants andnoise and for discharge of effluents and waste.”Section 11 prohibits discharges and emissions in excess of thelimits prescribed under the National Environmental QualityStandards, or NEQS (see SRO 742(I)/93 dated 24 August 1993and SRO 549(I)/2000 dated 8 August 2000). Section 16 allows anenvironmental protection order to be issued in cases wheredischarges and emissions are found to be causing or likely tocause “an adverse environmental effect”. Section 12, whichrequires an initial environmental examination (IEE) or anenvironmental impact assessment (EIA) to be carried out for allprojects, can be used to ensure that new development does notdamage natural resources, including freshwater.5.1.6.2 PakistanEnvironmental ProtectionAgency Review of InitialEnvironmentalExamination andEnvironmental ImpactAssessment Regulations2000 (SRO 339(I)/2000dated 13 June 2000)5.1.6.3 Indus RiverSystem AuthorityOrdinance 1992These regulations, framed under Section 33 of PEPA, require thatspecified types of irrigation projects undergo prior environmentalassessment. Schedule I lists the types of projects related to waterand dams (Section F) that must undergo a prior IEE whileSchedule II lists those projects related to water and dams (SectionE) that require a prior EIA.This ordinance establishes the Indus River System Authority tomonitor the distribution of water between the provinces. It provides aregulatory framework for the implementation of the 199105NaturalResources39EnvironmentalLaw 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 and 14: The authors of this volume are Mr.
Page 15: Pakistan is a Party to all major mu
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 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

Environmental Law in Pakistan - IUCN

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