EVOLUTION OF ENVIRONMENTAL LAW Environmental Law

IN PAKISTAN
HISTORY OF ENVIRONMENTAL LAW
History of Environmental Law in Pakistan can be divided in three
phases:
Pre-colonial Phase – before 1857 (Common Property Rights
System)
Colonial Phase – 1857-1947 ( British Govt Subordination, took
charge of common property, Revenue collection system,
Redistribution of land and irrigation development of infrastructure
i.e. cantonment areas (for beaurocrates, colonial officers) to create
attraction for urban areas, policy was for export of raw materials
like cotton to foreign countries and import of finished products-
lead to injudicious use of resources, no concern for the environment
Post Independence Phase- 1947 to date
ENVIRONMENTAL MOVEMENT
The legal system of Pakistan and India has same origin i.e. laws
enacted in the areas of Pak and India during the British rule.
However, the environmental laws were not enacted in Pak till late
1950s and in the first half of 1960s.
The environment ministry was established in Pak in 1975, as a
follow up of Stockholm Declaration of 1972.
The development of environmental laws in Pakistan in post
independence phase can be divided in four periods:
1. 1958-1965: In this period about 7 specific environmental laws
were promulgated
2. 1970-1976: During this period comparatively lesser laws were
enacted
3. 1983-1997: This is very effective period for environmental law.
In this first EPO (1983) was promulgated
4. 1997 to date: This period marks the beginning of judicial activism
for the environmental issues by the Pakistan judges. This started
with the landmark decision of Supreme Court of Pakistan in Shehla
Zia case in which constitutional rights for people living close to
source of pollution were established. Several decisions of the
provincial high courts followed this and resulted in suspension of
several polluting operations.
In 1992, Pakistan participated in Earth Summit and became party
to various international environmental conventions and protocols.
In Pursuance of Earth Summit, Pakistan also signed Agenda 21 and
further developed NCS (1980) and approved by government of
Pakistan on March 1, 1992.
NCS determined environmental improvement agenda for the
country.
CONTD….
o The most significant achievements in the recent years are:
o Incorporation of environmental concerns in government policies
and initiation of EIA in the development schemes.
o Energy conservation (which has importance in the context of
emission of greenhouse gases GHG and other pollutants, is now
considered for the protection of environment.
oFuel efficiency in transport, industry and domestic sector has also
been taken into government policies and plans.
CHRONOLOGICAL HISTORY OF ENVIRONMENTAL
LAW IN PAKISTAN
 1975 Environment and Urban Division (Ministry of Housing, works and
Urban Affairs) established
1976 Draft Environmental Protection Ordinance enacted
1983 PEPO enacted
PEPC established
1988-9 EPA established
1992 NCS adopted
1993 Pakistan Environmental Quality Standards notified
PEPA drafted
1994 Shehla Zia judgement of the Supreme Court of Pakistan
Contd….
 1995 Ministry of Environment, Urban Affairs, Forestry and Wildlife
established
Name changed to Minitstry of Environment, Local Govt. and Rural
Development (M/o ELG & RD)
Establishment of:
Environmental Standards Committee
NEQS Expert Advisory Committee
National Assembly Standing Committee on Environment
Drafts of Provincial Environmental Protection Acts (NWFP, Punjab)
Environmental Technology Program for Industry (ETPI)
Technology Transfer for Sustainable Industrial Development (TTSID)
 1997 Pakistan Environmental Protection Act (Dec 1997) (replaced PEPO 1983)
New Environmental Council
Standing Committees on Environment of various Chambers of Commerce
1998 Rules and Regulations for PEPA drafted
Environmental Magistrates notified (NWFP)
1999 Nov 1998 delegation to the provinces of powers under
PEPA 1997 was further delegated to EPA, NWFP on August 24,
1999
PEPC approved
Revised NEQS
Guidelines for Self monitoring and reporting by the Industry
Guidelines for Determination of Pollution Charge for Industry
Environmental Tribunals established (Karachi, Lahore)
2000 First rules under PEPA notified; revised
NEQS notified
Initiation of Pilot Phase of Self monitoring and reporting SMART Program for industry
NEQS Implementation committee headed by Dr. Pervez Hassan and comprising
representatives of trade and industry, NGOs and other stakeholders constituted
 2001 NEQS (Self monitoring and reporting by Industries) Rules,
2001
Industrial Pollution Charge ( Calculation and collection) Rules 2001
Environmental Samples Rules, 2001
Provincial S.D Fund (Procedure) Rules, 2001
Provincial S.D Fund (Utilization) Rules, 2001
2002 Implementation of National Environmental Action Support Program
(NEAP) in Pakistan
Punjab Prohibition on Manufacture sale use and import of
polythene bags Ordinance
2003 NEQs regarding Hazardous Substances Rules
Poverty Reduction Strategy. Paper I
Cigarette Rules; printing of warning on packaged boxes
(implementation of this policy is evident)
Provincial Sustainable Development (Utilization) Fund
EIA and Audit Regulation
Northern Area strategy for Sustainable Development
 2004 Punjab Polythene Bag Rule
Joint Forest Management Committee
Environmental Guidelines and Checklists by EPA-KPK
Establishment of Environmental Protection Tribunals
Hospital waste management will be confirmed???
2005 Hospital Waste Management Rules
Pakistan Biosafety Rules – GMOs
National Environmental Policy: Climate Change and Ozone Depletion
Sindh Institute of Urology and Transportation Vs. Nestle Milkpak
2006 National Sanitation Policy – 2006
Green Industry Program – 2006
National Energy Conservation Strategy
2008 EPA issued EPO in Punjab
The Environmental Tribunal Rules
2009 National Drinking Water Policy 2009
National Year of Environment
NEQs for motor vehicle exhaust and noise
2010 NEQs for ambient air, drinking water and noise 2010
National Forest Policy 2010
2011 Pak EPA Pollution Charge for Industry Rules
2012 National Climate Change Policy
National Sustainable Development Strategy
2013 Regulation prohibiting, manufacture, import, sale and use of non
degradable plastic bags and products
2014 Sindh Environmental Protection Act 2014
KPK Environmental Protection Act 2014
2015 Compounds of offences and payment of administrative penalties Rules
2015 (EPA 1997)
Amendments in Plastic Product Regulations
National Forest Policy
2016 Paris Agreement
Green Pakistan Project
Draft of Hazardous waste and substances Rules (EPA 1997)
Draft of Pakistan Environmental Protection motor vehicle regulation of
EPA 1997
2017 New National Water Policy …… awaiting for Prime MInister approval
by WAPDA
2016 Draft of Hazardous Waste and Substances Rule
Paris Agreement on Climate Change
Green Pakistan Project
Infrastructure Development Authority of Punjab Act.
2017 New National Water Policies
ENVIRONMENTAL LAWS ENFORCEABLE IN
PAKISTAN
 The laws enforceable in Pakistan are of three types:
1. The Constitution of Pakistan 1973 and the general laws of the
country
2. The Court judgment interpreting the citizen’s rights under the
Constitution, the English Common law and certain general laws
of the country
3. Special laws, which directly or indirectly deal with environmental
issues.