MANUAL OF ENVIRONEMT LAWS INPAKSITAN
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1 [Contents] Manual of Environment Laws in Pakistan 1 MANUAL OF ENVIRONEMT LAWS INPAKSITAN ******* CONTENTS ******* PAKISTAN ENVIRONMENTAL PROTECTION ACT, 1997 Preamble Short title, extent and commencement Definitions Establishment of the Pakistan Environmental Protection 16 Council. 4. Functions and powers of the Council Establishment of the Pakistan Environmental Protection 18 Agency. 6. Functions of the Federal Agency Powers of the Federal Agency Establishment, powers and functions of the Provincial 24 Environmental Protection Agencies. 9. Establishment of the Provincial Sustainable Development 25 Funds. 10. Management of the Provincial Sustainable Development 25 Fund. 11. Prohibition of certain discharges or emissions Initial environmental examination and environmental 28 impact assessment. 13. Prohibition of import of hazardous waste Handling of hazardous substances Regulation of motor vehicles Environmental protection order Penalties Offences by bodies corporate Offences by Government Agencies, local authorities or 46 local councils. 20. Environmental Tribunals Jurisdiction and powers of Environmental Tribunals Appeals to the Environmental Tribunal Appeals from orders of the Environmental Tribunal Jurisdiction of Environmental Magistrates. 53
2 2 Manual of Environment Laws in Pakistan [Contents] 25. Appeals from orders of Environmental Magistrates Power to delegate Power to give directions Indemnity Dues recoverable as arrears of land revenue Act to override other laws Power to make rules Power to amend the Schedule Power to make regulations Repeal, savings and succession. 56 Schedule 57 APPENDIX (i) Environmental Tribunal Rules, (ii) The National Environmental Quality Standards (Certification of Environmental Laboratories) Regulations, (iii) Pakistan Environmental Protection Agency Review of Initial Environmental examination and Environmental Impact Assessment Regulations, (iv) Provincial Sustainable Development Fund Board (Procedure) Rules, (v) Environmental Samples Rules, (vi) National Environmental Quality Standards (Selfmonitoring and Reporting Industry) Rules, (vii) The Pollution Charge for Industry (Calculation and 130 Collection) Rules, (viii) Provincial Sustainable Development Fund (Utilization) 145 Rules, (ix) Wild Birds and Animals Protection Act, (x) Epidemic Diseases Act, (xi) Punjab Firewood and Charcoal (Restriction) Act, (xii) West Pakistan Regulation and Control of Loudspeakers 159 and Sound Amplifiers Ordinance, (xiii) West Pakistan Goats (Restriction) Ordinance,
3 [Contents] Manual of Environment Laws in Pakistan 3 (xiv) West Pakistan Goats Restrictions Rules, (xv) West Pakistan Rice (Restrictions or Cultivation) Ordinance, (xvi) Composition of Offences and Payment of Administrative Penalty Rules, (xvii) Guide Lines for Development of Green Belts. 182 INTERNATIONAL CONVENTION & PROTOCOLS (xviii) An Environmental Agenda for the 21st Century. 225 (xix) International Convention for the Protection of Birds, (xx) International Plant Protection Convention, (xxi) (xxii) (xxiii) (xxiv) (xxv) (xxvi) (xxvii) Declaration on the Permanent Sovereignty Over Natural Resources, Declaration of the United Nations Conference on the Human Environment, Convention for the Protection of the World Cultural and Natural Heritage, Convention on International Trade in Endangered Species of Wild Fauna and Flora, Convention on Long-range Transboundary AIR Pollution (Geneva, 13th November, 1979). Convention on the Conservation of Migratory Species of Wild Animals (1979) Convention on the Conservation of Antarctic Marine living Resources, (xxviii) World Charter for Nature, (xxix) Protocol to amend the Convention on Wetlands of International Importance Especially as Waterfowl Habitat, (xxx) United National Convention on the law of the Sea, (xxxi) Vienna Convention for the Protection of the Ozone Layer (1985). (xxxii) Protocol to the 1979 Convention on Long-range Transboundary Air Pollution on long-term Financing of
4 4 Manual of Environment Laws in Pakistan [Contents] (xxxiii) the co-operative Programme for Monitoring and Evaluation of the Long-range Transmission of Air Pollutants in Europe (emep), Protocol on Substances that Deplete the Ozone Layer (Montreal, 16th September 1987). (xxxiv) Hague Declaration on the Environment, (xxxv) (xxxvi) (xxxvii) (xxxviii ) Adjustments and amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer (London 23 June 1990). U.N. Conference on Environment and Development (1989). Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer Copenhagen, The Rio declaration on Environment and Development (xxxix) United Nations Framework Convention on Climate Change (1992). (xl) (xli) (xlii) Convention on Environmental Impact Assessment in A Transboundary Context, Non-legally Binding Authoritative Statement of Principles for a Global Consensus on the Management, Conservation and Sustainable Develop of all types of Forests, Convention on the transboundary effects of Industrial Accidents, 1992 (Helsinki, 17th March, (xliii) Convention on Biological Diversity, (xliv) Kyoto Protocol to the United Nations Framework Convention on Climate Change, (xlv) Energy & Environmental Law I. Preamble II. What is Environmental Law Definition of Environmental Law Classification of Environmental Law Sources of Environmental Law Conventions & Customs. 648
5 [Contents] Manual of Environment Laws in Pakistan Common Law Precedents Legislation Regional Environmental Law International Environmental Law Environmental Laws of Pakistan Constitution of Pakistan Existing Federal Environmental Law NEQS Federal Law dealing with Environment Provincial Laws dealing with Environment Proposed Federal Environmental Law Proposed Provincial Environmental Laws NWFP Environment Act, Punjab Environmental Protection Act, Balochistan Environmental Protection Act Sindh Environmental Protection Act NCS The Word Bank (WB) and the International Finance Corporation (IFC) Energy and Environmental Laws of Pakistan Supreme Court Judgment on Environment Federal Environmental Laws of USA Conclusion. 677 From RIO 1992 to Johannesburg 2002: A Case Study of Implementing Sustainable Development in Pakistan 678 I: Introduction 678 II: Laws promoting Sustainable Development Constitution of Islamic Republic of Pakistan, III: Conclusion 716 The International Financial Institutions and the Environment. 717
6 6 Manual of Environment Laws in Pakistan [Contents] The World Bank's focus on the Environment. 719 The Environment Department of the World Bank. 719 The World Bank's Environmental Assessment. 720 The World Bank's Environmental Guidelines in Pakistan. 722 The World Bank's Inspection Panel. 722 ********
7 [Contents] Manual of Environment Laws in Pakistan 7 Comprehensive & Exhaustive Comments on MANUAL OF ENVIRONMENT LAWS IN PAKISTAN MORE THAN 50 NATIONAL AND INTERNATIONAL CONVENTION, PROTOCOLS, ACTS, ORDINANCES, RULES AND REGULATIONS, RELATING TO ENVIRONMENT [AMENDMENTS & CASE LAW UPTO-DATE] BY: JAWAD HASSAN LL.B. MA., AFC (London) LL.M. (Pace) Additional Advocate General, Punjab Lecturer of Kinnard College, Lahore MANZOOR LAW BOOK HOUSE LAW BOOK PUBLISHERS & SELLERS 2-MOZANG ROAD, LAHORE, TEL: ,
8 8 Manual of Environment Laws in Pakistan [Contents] HINTS ABOUT THE BOOK Price Rs. 1500/- All rights including copyrights are reserved with the publishers. No Part of this publication may be reproduced in any form or in any manner without permission in writing of the copyright holder. Infringement/piracy of this book would entail civil and criminal action. Can be had from: Manzoor Law Book House Mozang Road, Lahore Ph. No Civil & Criminal Law Publications 9-Fan Road Lahore, Mob: , Fax: (042) Kausar Brothers, Turner Road, Lahore / , Cell: Karachi: Kausar Law Book Publishers, New Annaxy High Court Building Near Habib Bank Sindh High Court Karachi Rawalpindi: Kausar Law Book Publishers, Mian Plaza Chandani Chowk, Rawalpindi Multan: Multan Law Book House, District Court Behind Session Judge, Multan. Note: Maximum care and diligence has been exercised in editing and printing this book, however, neither the writer nor the publishers hold any blame for any error inadvertently creeping in the printing of this work. In such a case please refer to the original. Printed at: Muttaqi Printers 9-Fane Road, Lahore.
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