Introduction to marine pollution in Pakistan— by : Nisar A. Mujahid

Introduction to Marine Pollution Management

By : Nisar A. Mujahid  Advocate Supreme Court of Pakistan, Legal & Policy Consultant, Maritime Law Expert                                                                                                                              

Marine pollution is a multifarious issue influenced by various factors like human activities, climate change, and natural disasters. While the existence of environmental laws and regulations is vital in preventing and controlling pollution, effectiveness also depends on enforcement and compliance with the laws. Pakistan has a set of environmental laws and regulations, including those specific to marine pollution, such as the Pakistan Environmental Protection Act, 1997 and the Sindh Environmental Protection Act, 2014. The implementation of these laws is not enough and may be due to a lack of political will, shortage of funds, expertise, and or system hurdles. Besides, various environmental challenges Pakistan is facing, such as lack of awareness, education, irresponsible defiance, urbanization, population growth, and or negligent waste management, can contribute to the increasing levels of marine pollution. The country also has a long coastline, and monitoring and controlling pollution in such a vast area can be challenging.

Therefore, it was necessary to have effective environmental laws with appropriate enforcement and implementation. Despite having laws and regulations various factors cause obstruction in addressing marine pollution which requires a multi-dimensional approach that involves not only legal and regulatory frameworks but also public awareness, technology, and international cooperation.

The Federal Environment Ministry was established in Pakistan in 1975 as follow to a Stockholm declaration of 1972. The first comprehensive legislation prepared in Pakistan for the promulgation of the environmental Protection Ordinance 1983. The main objective of Ordinance 1983 was to establish institutions i.e. to establish Federal and Provincial Environmental Protection Agencies and Pakistan Environmental Protection Council (PEPC). In 1992 Pakistan attended the Earth Summit in Brazil (Rio-De Janeiro) which thereafter was adopted by various international conventions and protocols. This political commitment enlarged the environmental progression in Pakistan. Pakistan prepared National Conservation Strategy (NCS) in the same year providing a broad framework for discussion of environmental concerns in the country. In 1993 Environmental Quality Standards (NEQS) were designed. The Pakistan Environmental Protection Act was enacted on 6th December 1997, repealing the Pakistan Environmental Protection Ordinance, 1983. The PEPA 1997 provides the framework for the implementation of NCS, the establishment of Provincial sustainable development Funds, the Protection and conservation of species, the conservation of renewable resources, the establishment of Environmental Tribunals and appointment of Environmental Magistrates, Initial Environmental Examination (IEE), and Environmental Impact Assessment (EIA). While, Sindh Environmental Protection Act, 2014 is an act to provide for the protection, conservation, rehabilitation and improvement of the environment, prevention and control of pollution, promotion of sustainable development, and for matters connected therewith and incidental thereto:  Similarly Balochistan Environmental Protection Act, 2012 is an Act to provide for the protection, conservation, rehabilitation, and improvement of the environment, for the prevention and control of pollution, and promotion of sustainable development. Short title, extent, and commencement. A list pertaining to environmental laws in Pakistan is given below for reference study: –

Pakistan Environmental Protection Act, 1997

Sindh Environmental Protection Act, 2014  

Punjab Environmental Protection Act, 2017

Balochistan Environmental Protection Act, 2012

Khyber Pakhtunkhwa Environmental Act, 2014

National Environmental Quality Standards;

NEQS National Environmental Quality Standards means the standards established under the Environmental Protection Act, 1997 to control the emission of effluent, waste, air pollution, and noise pollution. It pertains to the Rules and Regulations listed: –

Rules

  1. Compounding of Offences and Payment of Administrative Penalty Rules 2015
  2. Hospital Waste Management Rules, 2005
  3. Pakistan Biosafety Rules 2005
  4. The Pollution Charge for Industry (Calculation and Collection) Rules, 2001 
  5. Self-Monitoring and Reporting by Industries Rules, 2001-Amended
  6. Environmental Samples Rules, 2001 
  7. Environmental Tribunal (Procedure and Functions) Rules, 1999

Regulations

  1. Pakistan Environmental Protection Agency  Ban on (Manufacturing, Import, Sale, Purchase, Storage and Usaage) Polythene Bags Regulations, 2019
  2. National Environmental Quality Standards (Certification of Environmental Laboratories) Regulations, 2000
  3. Pakistan Environmental Protection Agency (Review of IEE and EIA) Regulations, 2000

National Environment Quality Standards

  1. National Environmental Quality Standards for Ambient Air, Drinking Water and Noise vide No.( S. R.O. 1062(I)/2010 &  S.R.O. 1063(I)/2010 & S.R.O. 1064(I)/2010)
  2. National Environmental Quality Standards for Motor Vehicle Exhaust and Noise Vide No.(S.R.O 72(KE)/2009)
  3. National Environmental Quality Standards (Self-Monitoring and Reporting by Industries) Rules, 2001
  4. Revisited National Environmental Quality Standards For Municipal and Liquid Effluents (mg/l, Unless Otherwise Defined)& NEQS for Gaseous Emissions(mg/Nm3 Unless Otherwise Defined) Vide No.S.R.O. 549 (I)/2000
  5. National Environmental Quality Standards Relating to Municipal and Liquid Industrial Effluents vide S.R.O. 742 (I)/93 & S.R.O. 1023 (I)/95

Draft Rules and Regulations 

(The draft Rules / Regulations, 2022 are placed for information, review and input from the public and the concerned stake holders.)

  1. Hospital Waste Management Rules, 2022.
  2. Handling, Manufacture, Storage, Import of Hazardous Waste and Hazardous Substances Rules, 2022
  3. Initial Environmental Examination and Environmental Impact Assessment) Regulations, 2022

                                                                                                                                    

About the Author

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CreateNisar Muajhid Law Associates on 21 March 1993
Created Nisar & Nisar on 01 August 2002
Created Nisar & Nisar Litigation on 01 Sep 2009 and merged with Nisar Mujahid Law Associates on 4 June 2015
Principal Office established in Islamabad 04-June 2015

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