Introduction
In many countries, environmental laws are weak or are not enforced. Government agencies make decisions about the environment without giving citizens an opportunity to participate in those decisions which results in failure of the law. In Pakistan environmental laws are prepared and are amended in many governments but still there are flaws and are not implemented. Institutions related to environment are important for the management of natural, human resources and implementation of environmental laws. Unfortunately, it is commonly noted that Pakistan has weak institutions for the management of community resources and law implementation. There are many structural deficiencies of the current system, like corruption and poor work ethic, which need extensive national attitudinal reforms. Also, these weaknesses are basic reasons or hurdles in the implementation of environmental laws and regulations.
Brief History of environmental law and ordinance:
Pakistan is developing country which faces many problems such as corruption, inflation, terrorism, sectarian violence and political instability. All these factors make it impossible or difficult to implement the law and its formulation.
No environmental laws were enacted in Pakistan until the late 1950’s and in the first half of the 60’s. Further, the Environment Ministry was established in 1975, as a follow up of “Stockholm Declaration” of 1972 in Sweden. In Pakistan, the reaction of Stockholm Declaration compel the government to establish “Environment and Urban Affairs Division” (EUAD) in 1974 within the Ministry of Housing and Works. EUAD has responsibility for national environmental policy formulation and for administration of national environmental impact assessment procedures, which it mainly undertook through limited review of federal projects and is reported to Ministr y of Environment.
The Pakistan Environmental Protection Act 1997:
The key environmental legislative instrument that is enforced in Pakistan and that provides a broad framework for environmental regulation and enforcement, namely the Pakistan Environmental Protection Act 1997 and its related rules, regulations and enforcement mechanisms are discussed below:
The Pakistan Environmental Protection Act 1997 was passed by the National Assembly of Pakistan on September 3, 1997, and by the Senate of Pakistan on November 7, 1997. The Act received the acceptance of the President of Pakistan on December 3, 1997 and was enacted on 6th December 1997, repealing the Pakistan Environmental Protection Ordinance, 1983.
The PEPA’ 1997 provides the framework for implementation of National conservation strategy (NCS). Establishment of provincial sustainable development Funds, Protection and conservation of Species, and conservation of renewable resources. Establishment of Environmental Tribunals and appointment of Environmental Magistrates
The preamble to the law (PEPA 1997) states, ‘An Act to provide for the protection, conservation, rehabilitation and improvement of the environment, for the prevention and control of pollutio n, anti-promotion of sustainable development.’
And the term environment, as per the Act, includes:
a) air, water and land;
b) all layers of the atmosphere;
c) all organic and inorganic matters and living organisms;
d) the ecosystem and ecological relationships;
e) buildings, structures, roads, facilities and works;
f) all social and economic conditions affecting community life; and
g) Inter-relationships between any of the factors in sub-clauses (a) to (f) of act.
Pakistan Environmental Protection Council:
The apex body was first 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 reconstituted after enactment of the new law i.e. Pakistan Environmental Protection Act, 1997. It is headed by the Prime Minister of Pakistan.
Establishment of Pakistan Environmental Protection Agency:
In 1993, the Pakistan Environmental Protection Agency (Pak-EPA) was established under Section 6 (d) of the Pakistan Environmental Protection Ordince, 1983. The Agency started with meager staff and resources. However, number of action were taken which included notification of NEQS in 1993 for municipal and liquid industrial effluents and industrial gaseous emissions, motor vehicle exhaust, and noise. The functions and responsibilities of the Agency enhanced and it was strengthened technically and logistically to meet the environmental challenges. Pak-EPA also provides technical support to the Ministry of Environment, now Ministryof climate change.
Provincial Environmental Protection Agencies:
In all four provinces, Environmental Protection Agencies were created under the provision of Pakistan Environmental Protection Act, 1997. Federal Government has delegated its powers to the provincial governments and they have further delegated powers to the provincial Environme nta l Protection Agencies. Afterward in 2007 EPA-GB was established by federal government of Pakistan.
The names of provincial EPA agencies are as follow:
· Punjab-EPA
· Sindh EPA
· EPA Baluchistan
· EPA-GB
Establishment of Environmental Tribunals:
The Government is empowered to constitute Environmental Tribunals to hear cases relating to Pakistan Environmental Protection Act, 1997. The Federal Government has established four Environmental Tribunal one in each province but they are semi functional.
PEPA 2012 – Amendment:
At the Federal level, the 18th Amendment saw the dissolution of the Ministry of Environment and the creation of a new Ministry of Climate Change. The Ministry must now develop programs to meet the water, food and energy security issues posed by an increasingly unpredictable Mother Nature as well as prepare the country for increased incidences of natural disasters, spread of disease.
Summary:
Pakistan faces many crises in last few decades which cause the environmental legislation process to slow down. There are some many factors which are also responsible for the act. Environmetal law of Pakistan is formulated by specialists but it is very unfortunate for all of us that the law is not much applicable or implemented. Although it cover every aspects such as air pollution, water pollution, soil pollution, hazardous waste import, natural resource management, fine claims and NEQS. Government should take steps to implement the environmental law in all provinces. And encourage people to accept the law and follow it.
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