Environmental Law in Pakistan - IUCN

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“Apportionment of the Waters of the Indus River System Between theProvinces” agreement. The ordinance contains no provisions for theprotection of the Indus or the ecosystems supported by the river andits tributaries. The federal government has the power to make rules(Section 21), while the Authority may frame regulations (Section 22).5.1.6.4 Forest Act 1927Although this law focuses on forest-related issues, poisoning waterin a reserved forest is an offence under Section 26(1)(i),punishable with a fine of 500 rupees and/or a sentence of sixmonths in prison. This provision is difficult to enforce, however,since the term “poison” has not been defined.5.1.6.5 Canal andDrainage Act 1873This act regulates irrigation, navigation and drainage. All powersunder this act, including the power to make rules, have beendelegated to the provinces. Provincial governments may order anyriver, stream, lake, or water body to be used for any public purposeat any time (Section 5). The law contains no provisions for thesustainable use of freshwater resources or for their preservation.5.1.6.6 Pakistan PenalCode 1860The Pakistan Penal Code (PPC) 1860 deals specifically with thepollution of water in Chapter XIV on public health and safety. Here,“fouling” or “corrupting” the water of a public spring or reservoir islisted as an offence, punishable with up to three months in prisonand/or a fine of 500 rupees (Section 277). This provision is limitedin scope, since it applies only to reservoirs and public springs, andthe terms “fouling” and “corrupting” are not defined. But provisionsof PEPA 1997 (Sections 6 and 7) and the NEQS (Appendix I) maybe applied to facilitate enforcement of Section 277. Other sectionsof this chapter may be interpreted to include the protection of waterresources, including Section 268 on public nuisance, Section 269on negligence likely to spread infectious disease, and Section 284on negligent conduct with respect to the possession and handlingof poisonous substances.Similarly, Chapter XVII on offences against property containscertain provisions that may be interpreted to include the protectionof water resources. Sections 425–440 deal with “mischief”, definedas damage to property resulting in destruction or loss of utility.Section 430 provides specifically for mischief caused to irrigationworks, while Section 431 deals with damage to roads, bridges,rivers or channels. Meanwhile, Chapter XXIII, Section 511 onattempted offences could also be interpreted to include offencesrelated to the “fouling” or “corrupting” of water.05NaturalResources40EnvironmentalLaw in PakistanFederal5.1.7 Coastal and MarineThe subject of “environmental pollution and ecology”, which appears on the Concurrent LegislativeList (item 24), would include marine ecosystems. There are no federal laws that specifically controlcoastal areas. Laws regulating the marine environment are primarily concerned with facilitatingmarine fisheries and with transport by sea, and were enacted 30 to 165 years ago. Only one law in
force mentions protection of the marine environment, but fails to establish any substantiverequirements for this purpose. There are no federal laws providing for the protection of mangroves,coastal forests and marine ecosystems, or smaller marine organisms and their habitats.5.1.7.1 Territorial Watersand Maritime ZonesAct 1976This law provides for the delimitation of Pakistan’s territorialwaters, contiguous zone, continental shelf, and exclusiveeconomic zone. The emphasis in this act is on the commercialexploitation of natural resources and on protection from intrusioninto Pakistan waters.Territorial waters lie “twelve nautical miles beyond the land territoryand internal waters of Pakistan” (Section 2). The contiguous zoneis the “area adjacent to and beyond the territorial waters andextending seawards to a line of twenty-four nautical miles” (Section4). The continental shelf consists of the “seabed and sub-soil of thesubmarine areas that extend beyond the limit of the territorialwaters of Pakistan” (Section 5), while the exclusive economic zoneis defined as the “area beyond and adjacent to the territorial watersthe limit of which is two hundred nautical miles” (Section 6).Sections 3–8 provide for the use and exploitation of resources withinthe various zones defined in the act. The law also mentions theprotection of marine resources, reserving for the federal government“exclusive sovereign rights” with respect to the continental shelf,including the right to preserve and protect the marine environment,and control or prevent pollution (Section 5(2)(d)).Although the federal government has the power to make rulesregarding the “conservation and management” of resources aswell as the “preservation and protection of the marine environmentand prevention and control of marine pollution” (Section 14), thelaw does not create an obligation to do so. Nor does the act containprovisions making it mandatory for the parties involved in theexploitation of resources within Pakistan’s territorial waters andother maritime zones to protect the marine environment.5.2 Court Decisions5.2.1 Qazalbash Waqf and others v. Chief Land Commissioner, Punjaband others, PLD 1990 Supreme Court 99This case, appealed to the Federal Shariat Appellate Bench, challenges those provisions of theLand Reforms Act 1977, Land Reforms Regulation 1972 and Punjab Tenancy Act 1887 that arerelated to restrictions on land holdings. The Shariat Appellate Bench ruling invalidates specificprovisions of these laws in their entirety, while other provisions are declared invalid with respectto specified conditions. The ruling leaves the validity of three provisions open for futuredeliberation.05NaturalResources41EnvironmentalLaw 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 40 and 41: hunters to obtain a license (Sectio
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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