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Environmental Law in Pakistan - IUCN

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smelt<strong>in</strong>g and process<strong>in</strong>g operations; <strong>in</strong>dustries, and manufactur<strong>in</strong>gand process<strong>in</strong>g activities; highway construction projects, airportsand railway <strong>in</strong>stallations; hydel, water management and dams; andtourism development projects.The regulations provide for the monitor<strong>in</strong>g of projects aftercompletion. Section 18 requires owners to submit an annual reportto the Federal Agency. This report must summarise operationalperformance with an emphasis on adequate ma<strong>in</strong>tenance andmeasures to mitigate adverse effects on the environment. TheFederal Agency is authorised to cancel the approval of any projectat any time on the basis of such reports or its own <strong>in</strong>vestigations, ifit is found that conditions of approval have been violated or false<strong>in</strong>formation provided (Section 19).6.1.15.8 Public Health(Emergency Provisions)Ord<strong>in</strong>ance 1994This ord<strong>in</strong>ance deals with emergencies dur<strong>in</strong>g which urgentmeasures are required to protect public health or prevent thespread of <strong>in</strong>fectious disease. The appropriate government—thefederal government <strong>in</strong> relation to port authorities, the federalgovernment or cantonment local government <strong>in</strong> relation tocantonments, and the prov<strong>in</strong>cial government for all otherauthorities (Section 2(a))—may order a local authority to take thenecessary measures to protect public health (Section 3). The lawalso empowers the appropriate government to direct a localauthority to supply water to any area dur<strong>in</strong>g an emergency (Section7). The appropriate government may make rules, by-laws andregulations (Sections 10 and 11), and issue “directions” <strong>in</strong> order tocarry out the purposes of this ord<strong>in</strong>ance (Section 8). The law dealsprimarily with adm<strong>in</strong>istrative rather than substantive issues.6.1.15.9 ExplosiveSubstances Act 1908This law regulates the possession and use of explosive substances,<strong>in</strong>clud<strong>in</strong>g materials for the manufacture of explosives as well asmach<strong>in</strong>ery, tools and materials that can be used to cause anexplosion (Section 2). Caus<strong>in</strong>g an explosion is punishable with amaximum sentence of life <strong>in</strong> prison, whether or not the eventcauses any <strong>in</strong>jury to persons or damage to property (Section 3). Thesame maximum penalty applies to mak<strong>in</strong>g or possess<strong>in</strong>g explosiveswith <strong>in</strong>tent to cause an explosion (Section 4). Although the law doesnot specify conditions under which it is legal to possess explosivematerials, possession of such substances for a purpose that is not“lawful” is an offence (Section 5), imply<strong>in</strong>g that some form ofregulatory mechanism is to be put <strong>in</strong> place. Powers under this acthave been delegated to prov<strong>in</strong>cial governments, which may restrictor allow the courts to proceed with the trial of suspected offenders(Section 7). The 1908 law deals exclusively with caus<strong>in</strong>g explosionsor <strong>in</strong>tent to cause explosions.6.1.15.10 ExplosivesAct 1884This law deals with manufacture, possession, sale, use andtransport of explosives. The government may prohibit themanufacture, possession or import of any explosive substance,except with a licence (Section 5), or ban outright the manufacture,06Processes andInstitutions71<strong>Environmental</strong><strong>Law</strong> <strong>in</strong> <strong>Pakistan</strong>Federal

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