Course: Environmental Planning & Practice (3671) Semester: Spring, 2020

ASSIGNMENT - 1

Q.6 Narrate in your opinion the implementation of Environmental Legislation in our

country, also discuss the problems associated with its implementation.

1. Introduction

The country of Pakistan is but one of the many world nations that has been confronted with
growing environmental concerns. The diverse range of issues that affects Pakistan has meant
that this nation must adapt its legislative, institutional and judicial frameworks to
accommodate the increasingly problematic, and sometimes dire, environmental scenario.
The South Asia region is comprised of Afghanistan, Bangladesh, Bhutan, India, Maldives,
Nepal, Pakistan, and Sri Lanka. Given that these countries share similar economic, social and
cultural contexts, the environmental maladies that confront each are also of a similar nature.
One can identify the systemic issues confronting each of these areas within the South Asian
region. High population growth has consequentially increased urbanisation, as those seeking
to alleviate their poverty migrate to urban areas for employment and other opportunities.
Furthermore, South Asia is also home to a significant but decreasing array of terrestrial and
marine biodiversity, which demonstrates the growing number of environmental challenges
that must be addressed in this region.

2. Environmental Issues Affecting Pakistan

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Despite this general situation of environmental concern that confronts the South Asian
region, Pakistan suffers from environmental problems that have more prevalence in this
country than in others. It is necessary to explore these issues to gauge the effectiveness of any
legislative, institutional and judicial responses and if more is warranted to address the issue of
concern.
Of importance in Pakistan is the extraordinary growth of gaseous emissions in the nation.
Although his problem is largely confined to urban centres and industrial areas due to large
amounts of vehicular, domestic and industrial emissions, air quality has been severely
degraded and atmospheric pollution in the nation is so high that Pakistan has one of the
worlds worst levels of pollution. Of even greater concern is that the trend of atmospheric
degradation is increasing, and air quality standards are deteriorating rapidly. To curb this
problem the Government of Pakistan and its subsidiary agencies and institutions have
collaborated to control the discharge and emission of pollution.
Another issue of great concern is the absence of any satisfactory waste disposal and
management facilities in Pakistan, which is compounded in those areas with a higher density
of human population. The systemic issues of poverty and urbanisation has only served to
exacerbate the problems in the country, especially as the current institutional systems are not
equipped to cope with the complex challenges of the urban sprawl. In Pakistan the present
system of waste management is far from uniform and varies from purely manual street
sweeping and scavenger systems to more mechanised and efficient apparatuses. The lack of
funding and great disorganisation between local, municipal, regional, provincial and federal
levels of government has meant that practically half of the amount of solid waste disposed of
is not removed.
It is now feared that Pakistan has the world’s second highest rate of deforestation. This has
led to the elimination of trees, flora, and fauna and has serious implications for the survival of
many animal habitats and the conservation of Pakistan’s otherwise rich biodiversity. As
almost 70% of the population resides in rural areas a great many people directly and
indirectly depend on natural resources for survival. Destruction of biodiversity means basic
resources such as water, air and viable agriculture will be degraded and the consequences of
this can be devastating. Furthermore, on an economic level the conservation of biodiversity is
central to endeavours such as eco-tourism, where natural wildlife, habitats, eco-systems and
resources are crucial to a successful tourism industry.
important agricultural areas of the country have also been made to guide in the planning of
intensive agricultural development. About 320,000 hectares of land have been covered in
different parts of Pakistan, and mainly in the Peshawar, Multan, Hyderabad and Nawabshah
Districts. This information, in the form of over 300 reports along with relevant maps at the
village/watercourse-command level, has been distributed among various agricultural
organizations and enlightened farmers to help in the adoption of appropriate measures to
improve and conserve agricultural land, and increase agricultural production. Almost all-
important agricultural research farms/stations of the country have also been surveyed in detail
to facilitate the application of agricultural research to the type of soil cultivated by the farmer.
An area of about 5,000 hectares has been covered through these surveys.

3. Judicial, Constitutional & Institutional Responses to Environmental Concerns

Considering the fundamental need for conservation of biodiversity in Pakistan, there has been
a move to implement provisions and strategies to facilitate the protection of this basic
resource. The fact that Pakistan is a Party to the Convention on Biological Diversity
demonstrates its commitment to achieving sustainable development and protection of natural
resources in the region. To implement the aims of the Convention measures of protection,
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 such as the creation of protected areas, sanctuaries and the imposition of penalties for breach
of the legislative provisions, have provided a basic framework for conservation of
biodiversity. Furthermore, Pakistan’s commitment to biodiversity is manifest in the network
of international protocols, conventions and treaties 3 Executive Summary Environmental
Law and Institutions in Pakistan that it has signed and ratified into domestic legislation.
There are two pieces of legislation enacted by the Pakistani government that are intended to
provide an overriding legislative framework for environmental issues: the Pakistan
Environmental Protection Ordinance 1983 and the Pakistan Environmental Protection Act
1997. These Acts are complimented by the implementation of various other Rules and
Ordinances that provide a framework for dealing with the many complex environmental
issues that confront Pakistan as a nation.
To administer these laws, the Government of Pakistan has established an institutional
framework. For example, Pakistan Environmental Protection Agencies (PEPAs) have been
established in all four of the nation’s provinces to promote the overriding objectives of
conservation, sustainable development and improve the decision-making process. This role is
particularly important in the context of increased development and industrial activity, as there
is a need for firm consideration of the appropriateness of any proposed activity.
At the federal level the Ministry of Environment is the main institution that deals with issues
relevant to the environment. It has divisions dedicated to the environment, urban
development and wildlife and is responsible for the coordination of its derivative institutions,
such as the Pakistan Environmental Protection Council (PEPC) and the Environmental
Protection Agency (EPA). The PEPC formulates environmental legislation and the EPA is
the agency charged with planning and implementation duties.
In the realm of judicial administration and interpretation of environmental legislation there
have also been some vital developments. There are emerging procedures for the avoidance or
prevention of environmental disputes, which contrast with traditional and historically
inadequate processes for dealing with issues of environment. Environmental Tribunals have
been instrumental in this process, as they provide better access to redress and have the
capacity to enforce the law and impose appropriate penalties on those who violate the
legislative provisions. The superior judiciary, in particular the Supreme Court of Pakistan,
has played a positive and constructive role in the development and enforcement of
environmental laws and initiatives. Essentially, the right to enjoy a clean environment has
been interpreted as inherent within the Constitution, which fortifies not only the fundamental
need to protect the environment but expands the right of persons to seek legal redress for
environmental wrongs.

4. Conclusions

In this respect Pakistan has become more aware of the imperative nature of the environment
for the people, the economy and the world. It has entrenched its commitments to this issue
through legislation, institutions and its judiciary. Its role as a signatory to important
environmental conventions is further testimony to that fact that issues of the environment are
of growing concern in Pakistan. While these initial steps are welcome, more is needed to
effectively implement the objectives contained within these conventions and domestic laws.

5. Environmental Legislation in Pakistan

Governmental responses to the problems of environmental pollution took the form of

legislative enactment to deal with the causes of environmental impacts, particularly industrial
effluents and nuisance. Thus, in addition to new sectoral legislation to fill the more apparent
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gaps in national frameworks, comprehensive anti-pollution laws were enacted. Important
examples are the Water (Prevention & Control of Pollution) Act 1974; the Water (Prevention
& Control of Pollution) Act, 1981; the 1977 Pollution Control Ordinance of Bangladesh; and
the 1980 Central Environmental Authority Act of Sri Lanka. Despite the apparent diversity of
emphasis enunciated in these legislative creations, the primary focus remained on pollution
control.
In this latter respect, the legislation often covers such cross-sectoral issues as environmental
impact assessment, environmental quality criteria and public participation in decision-making
and implementation. Sri Lanka's Central Environment Authority Act of 1980, and The
Environmental Protection Act, 1986 of India are demonstrative of the broad range of areas
that such framework legislation attempts to cover. Most recently, Bangladesh's Environment
Conservation Act, 1995 has come into force within the same time frame as Pakistan's
Environmental Protection Act, 1997 and the Environmental Protection Act, 1997 of Nepal.

Environmental quality and anti-pollution regulations remain the most widely utilised
legislative technique for pollution control, though several new approaches are evident in
contemporary State practice. These laws have a wide-ranging scope, as they typically canvass
issues related to air quality, water, marine pollution, solid waste disposal and toxic materials
management. Furthermore, this legislation establishes quality criteria, defines pollutants, sets
permissible limits and regulates the suitability and effectiveness of compliance and
enforcement methods. One of the most widely utilised techniques for environmental control
is the system of authorisation (by permit, certification, licence) administered by government
institutions.
The effective implementation of environmental legislation presupposes the existence of
appropriate institutional arrangements and processes. The sectoral approach to environmental
management has had the effect of diffusing power and responsibility in diverse government
departments (and in certain cases in local authorities) without any mechanisms for
coordination. Jurisdictional overlaps and conflicts have inevitably arisen, thereby inhibiting
not only the effective implementation of sustainable development policies, but also law
enforcement. The major practical problems result from the difficulties in establishing an
effective system of control and mechanisms to enforce the law.

6. Environmental Impact Assessment

Economic development in developing countries has focused on immediate economic gains

and, as such, environmental protection has not been prioritised. This primarily occurs because
the economic losses from environmental degradation often manifest only long after the
economic benefits of development have been realised. The past failure of development
planning processes to take adequate account of the detrimental impacts of economic
development activities, led to the advent of environmental impact assessment (EIA)
processes. EIA was first employed by industrialised countries in the early 1970s. Since that
time, most countries have adopted EIA processes to examine the social and environmental
consequences of projects prior to their execution. The purpose of these processes is to
provide information to decision makers and the public about the environmental implications
of proposed actions before decisions are made.
The need to integrate environmental considerations into national socio-economic planning is
now widely recognised across the South Asia region. The EIA process has become the most
common institutional mechanism for achieving such integration. EIA has become a crucial
tool in guiding policy choices and has helped to create an environmental awareness amongst
agencies involved in project implementation. The system of EIA has the capacity to minimise
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potential environmental damage or even prevent the occurrence of such problems at the
preliminary stage of project formulation.
For many countries in the region an Initial Environmental Examination (IEE) or
Environmental Impact Statement (EIS) has been made mandatory through the national
framework legislation or the enactment of subsidiary legislation. Nepal has formulated EIA
guidelines that involve the review of the Planning Commission, Environment Ministry as
well as the agency implementing the project. India and Sri Lanka have both instituted a
mandatory system of EIA for specified development projects.

Reference:
1. http://www.sacep.org/pdf/Reports-Technical/2001-UNEP-SACEP-Law-Handbook-
Pakistan.pdf
2. Class Lectures

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