Environmental Laws:-
Environment:
It is aggregate of physical, chemical, biological and social component which can effect
directly or in directly in long term or short term on living being and human activities.
Environmental Law:
Environmental Laws, principles, policies, directives and regulations enacted and
enforced by local, national, or international entities to regulate human treatment
of the nonhuman world.
Environmental Law means that the law that’s regulates the impact of human
activities on environment. It cover a broad range of activities that effect air,
water, land flora and fauna.
Environmental Law or Environmental and natural resources law, is a term used
to explain regulations, statutes, local, national and international legislation, and
treaties designed to protect the environment from damage and to explain the
legal consequences of such damage towards governments or private entities or
individuals.
1. A better way to think about and environmental law is as the law of
environmental problems. Some problems are going to be very local;
contaminated land. Others are going to be global; climate change.
2. Environmental problems are often caused by range of different people not
intending to harm the environment but each of their action contributing to
environmental problem.
History:
The late 1960s, legal protection of air water, soil and ecosystems such as wetland and
forests, quickly followed, particularly in USA, Europe, Australia and New Zealand.
Since then environmental protection has become an important element of the domestic
legal systems of all developed countries and many developing ones. Since the 1980s,
environmental law has also become an important and evolving component of
international law.
Purpose of Environmental Law:
To protect and preserve the environment. There are two main subjects of
environmental laws,
Control of pollution
Conservation and management of land.
Both sections of environmental law protect land, water, air and soil.
What does Environmental law cover?
Air pollution and quality
Contaminant cleanup, Prevention and mitigation
Safe use of chemicals
Waste management
Water quality
Sustainability of resources
1. Forestry and landscape sustainability
2. Mineral resource sustainability
3. Water resource sustainability
4. Wildlife and fishery sustainability
Why is Environmental Law Important?
For health of current generation
For health of future generation
Maintaining resources and lifestyle
For ecology
Environmental Laws of Pakistan:
Over the last 30 years Pakistan’s environment has come under great stress and
big threat to human survival.
In Pakistan environmental conditions are worst as compares to other developed
countries. Poverty, over population, Illiteracy, Unmanaged land use patterns,
soil erosion and urbanization are severe pressure on the environment of
Pakistan.
The result of these environmental pressures lead to impure air, water, lower
quality standard of human life. Penetration of ozone layer, Depletion of natural
resources, Danger to species due to deforestation, Global warming, melting of
glaciers and enhancement of carbon monoxide in air worst to biodiversity.
The Pakistan Environmental protection Act of 1997 form the foundation of
Pakistan’s Environmental Laws.
The Pakistan’s Environmental Law is divided into SIX parts:
1. 1st part deal with the historical development of Pakistan’s Law particularly to
Environmental Law.
2. 2nd part of this act summarized Pakistan’s legal system.
3. 3rd part briefly mention the proposed environmental law of Pakistan.
4. 4th part find out the international treaties effective in Pakistan.
5. 5th part focus on all the environmental laws.
6. 6th part address the procedure and tools of Pakistan’s environmental laws.
Pakistan Environmental Protection Act (PEPA) 1997:
The Pakistan Environmental Protection Act was enacted on 6th December 1997,
repealing the Pakistan Environmental Protection Ordinance (PEPO), 1983. The PEPA
1997 provides the framework for
Implementation of National Conservation Strategy (NCS)
The Pakistan National Conservation Strategy (NCS) is the primary document
designed to encourage sustainable development, conserve natural resources, and
improve efficiency in the use and management of resources.
Establishment of Provincial Sustainable Development Funds
Protection and conservation of species
Conservation of renewable resources
Establishment of Environmental Tribunals
Appointment of Environmental Magistrates, Initial Environmental Examination
(IEE), and Environmental Impact Assessment (EIA).
The Pakistan Environmental Protection Act was enacted by Pakistan
Environmental Protection Council.
Pakistan Environmental Protection Council (PEPC):
The apex body, Pakistan Environmental Protection Council (PEPC), was 1st constituted
in 1984 under section 3 of the Pakistan Environmental Protection Ordinance (PEPO),
1983 with President of Pakistan as its chairman. In 1994, an amendment was made in
the Ordinance to provide for the Prime Minister or his nominee to be the head of the
council. The council was re constituted after enactment of the new law i.e. Pakistan
Environmental Protection Act, 1997.
Pakistan Environmental Protection Agency (Pak-EPA):
Pakistan Environmental Protection Agency (Pak-EPA) is an executive agency of the
Government of Pakistan managed by the Ministry of Climate change. The agency is
charged with protecting human health and the environment by writing and enforcing
regulation based on laws passed by Parliament.
Barriers in the Implementation of Environmental Laws:
There are many Barriers in the Implementing the Environmental Laws, These barriers
are given below:-
Lack of environmental awareness
Environmental Priorities
Poor National Strategies and Plans
Financial resources
Improper check and balance
Low Involvement of Civil Society in the Environmental Decision Making
Improper role of environmental NGO’s
Lack of Political support
Political Destabilization
