Environmental Law in Pakistan - IUCN

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or the environment. Amendments adopted in 1964, 1967, 1998 and1999 deal with purely administrative issues.6.1.8.5 Electricity ControlOrdinance 1965This ordinance allows the federal government to imposerestrictions on the production, distribution and use of electricityduring an emergency. The federal government may delegate itspowers (Section 7).6.1.8.6 Karachi ElectricityControl Act 1952This act delegates to the Sindh provincial government powers tocontrol the production, distribution and use of electricity in Karachi.The provincial government has the authority to sub-delegate itspowers (Section 4). Following the promulgation of the Sindh LocalGovernment Ordinance 2001, certain powers related to electricityhave been devolved to the local government. The status andextent of the provincial government’s powers under the 1952 Actremain to be clarified.6.1.8.7 ElectricityAct 1910Together with the Regulation of Generation, Transmission andDistribution of Electric Power Act 1997, this 1910 law regulates thesupply and use of electricity. Provisions of the 1997 act overrideany conflicting provisions in the 1910 act. Provincial governmentsalso have regulatory powers, including the authority to intervene incases of default.The 1910 law was amended in 1998 and 1999. The Electricity(Amendment) Ordinance 1998 substantially increases penalties andfines for offences. These punitive measures are, however, aimed atcurbing power theft and ensuring the smooth supply of electricity.6.1.9 TourismThe subject of tourism is mentioned in the Concurrent Legislative List (item 42), allowing bothfederal and provincial governments to legislate for the sector. Federal tourism laws are more thana quarter century old, and pertain largely to the regulation and control of government agencies andinstitutions responsible for tourism. These laws govern specific services, rather than setting nationalstandards and guidelines for the development of the industry as a whole.Provisions in PEPA and the IEE/EIA Regulations related to “environmentally sensitive areas”potentially apply to tourism activities. In addition, the IEE/EIA Regulations specify that tourismdevelopment projects must obtain environmental clearances.06Processes andInstitutions64EnvironmentalLaw in PakistanFederal6.1.9.1 PakistanEnvironmental ProtectionAgency Review of InitialEnvironmentalExamination andEnvironmental ImpactAssessment Regulations2000 (SRO 339(I)/2000dated 13 June 2000)These regulations, framed under Section 33 of PEPA, requiretourism projects to undergo prior environmental assessment.Projects involving the provision of public facilities related to tourismare required to submit an IEE (Schedule I, Section I). Large-scaletourism development projects, meanwhile, require a prior EIA(Schedule II, Section H).
6.1.9.2 Pakistan Hotelsand Restaurants Act 1976This act regulates the standard of service and facilities provided byhotels and restaurants. The law allows government officials toprohibit the conduct of any trade, profession or industry thatendangers public health or causes a public nuisance in the vicinityof a hotel (Section 16). This provision could be used to protectnatural resources and the environment. The federal government isempowered to make rules for the purpose of this act (Section 29).6.1.9.3 Pakistan Hotelsand RestaurantRules 1977These rules establish a Hotels and Restaurants Committee, andspecify its functions (Section 3). They provide for the classification ofvarious hotels according to health and hygiene standards (Section 6).By making registration and licenses mandatory, the rules provide fora regulatory mechanism. They do not provide for the actual operationof hotels and restaurants, nor do they address the potential forenvironmental damage caused by such commercial establishments,including the indiscriminate disposal of waste. Besides establishingbasic health and hygiene standards, the rules contain no provisionsthat directly relate to natural resource management.6.1.9.4 Pakistan TouristGuides Act 1976This act regulates the working of tourist guides and provides for aprofessional code of conduct (Section 5). The law establishes aTourist Guide Regulatory Committee which performs an advisoryrole (Section 3). Guides cannot operate without a license (Section4). The federal government has the power to make rules and maydelegate its powers (Sections 11 and 12).6.1.9.5 Travel AgenciesAct 1976This act establishes a licensing mechanism, and seeks to regulatethe operations of travel agents by establishing rules and a code ofconduct (Section 16). Travel agencies cannot operate without alicence (Section 4). The functions of travel agencies under this actinclude transport, lodging and conducting guided tours (Section2(f)). The law does not provide for ecotourism nor does it containany provisions related to the protection of natural resources frompotential damage caused by the tourist industry.6.1.10 Import and ExportImport and export are federal subjects, included in the Federal Legislative List (Part I, item 27).Existing laws do not contain provisions to discourage the import of goods that damage theenvironment, or to encourage the import of environmentally friendly products. There are no provisionsrequiring data on imported goods that would permit a determination of their potential effect on theenvironment. The Export Processing Zone Authority Ordinance 1980 is the only legislation governingthis sector that contains a specific provision on pollution prevention and control.6.1.10.1 PakistanEnvironmental ProtectionAct 1997Under PEPA, the import of hazardous waste is prohibited (Section13). The Federal Agency is empowered to regulate the import andhandling of hazardous substances (Section 14). Penalties forviolations of Section 13 may extend to 1 million rupees, and forviolations of Section 14 to 100,000 rupees (Section 17).06Processes andInstitutions65EnvironmentalLaw in PakistanFederal
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EnvironmentalLawin PakistanGovernin
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in PakistanGoverning Natural Resour
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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 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 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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