Environmental Law in Pakistan - IUCN

dangerous to the environment and, as such, contains no provisionsto regulate such shipments.6.1.7.11 Motor VehiclesAct 1939This act originally governed the ownership and operation of motorvehicles. It regulated licensing and registration; public transport;the construction, equipment and maintenance of motor vehicles;traffic; insurance; and the jurisdiction and authority of variousgovernment functionaries. Since 1965, however, these mattershave been governed by provincial motor vehicle law and ChaptersI to VI of the 1939 act have been repealed in their entirety. Theremaining provisions relate to motor vehicles temporarily leaving orvisiting Pakistan (Section 92), insurance against third party risks(Section 94), the obligations of insurers (Section 96), theadjudication of offences relating to insurance (Section 99), andother insurance-related matters. The power to make rules lies withthe federal government (Sections 92 and 111).6.1.7.12 Carriage ofGoods by Sea Act 1925This act implements the provisions of a draft convention considered bythe International Conference on Maritime Law held at Brussels in 1922,and governs the responsibilities, liabilities, rights and immunities ofcarriers under bills of lading. This antiquated law does not create anyliabilities for environmental damage caused by goods carried by sea.6.1.7.13 Ports Act 1908This act consolidates prior laws relating to the Karachi Port andPort Qasim, and extends to the navigational rivers and channelsleading to these ports. It regulates the working of the ports and themaintenance of harbour facilities, containing detailed rules as wellfor the “conservation of ports” (Chapter IV). These provisions, suchas those prescribing heavy penalties for discharging “rubbish” andballast into port waters without permission (Section 21), are aimedat ensuring that the business of the port progresses smoothly. Thelaw contains no provisions for the protection of marine resourceswithin the harbour or in surrounding areas.6.1.7.14 RailwaysAct 1890This act contains detailed provisions governing the construction,maintenance and operation of railways (Chapters III–VI). It regulatesthe employment of railway staff (Chapter VIA), sets out the generalresponsibilities of railway authorities (Chapter VII) and specifies theliability of railway authorities in case of an accident causing loss oflife or property (Chapter VIII). The federal government may delegateits powers under this law. The act specifies in detail the issues forwhich rule making is authorised (Section 47).06Processes andInstitutions60EnvironmentalLaw in PakistanFederal6.1.7.15 Karachi PortTrust Act 1886The Karachi Port Trust Act 1886 and its amendments up to 2000do not provide for the protection of the marine environment withinthe jurisdiction of the harbour. Under a new section added by theKarachi Port Trust (Amendment) Ordinance 2000, the Board ofTrustees is responsible for keeping the marine environment of theport free of pollution (Section 90(1)). Discharge of ballast water,