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Env Law

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16 views21 pages

Env Law

Uploaded by

Li Jie
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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Environmental

Law
Adv. Farah Mumtaz Awan
CONTENTS
Law is a set of rules that are created and are enforceable by
Definition of Law
social or governmental institutions to regulate behavior

Two types of Law Civil Law and Criminal Law

To resolve disputes between individuals, organizations, or


Civil Law
between individuals and organizations.

To address actions that are considered offenses against


Criminal Law
society or the state

Enviromental Law Civil as Well as Criminal

PEPA 1997, NCCP 2012, Pakistan Climate Change Act 2017,


NDCs, EPAs, Renewable Energy Policies, Disaster Risk
Enviromental Laws
Reduction (DRR) and Management Frameworks and
Provincial Environmental Laws
LAW:
1. A rule of conduct developed by
the government or society over a
certain territory.
2. Law refers to a system of rules that
regulate the conduct of a community,
and is often enforced by a controlling
authority through penalties.
Types of Law

01 Civil Law 02 Criminal Law


Civil Law

01 Purpose 02 Focus
To resolve disputes between individuals, Issues such as contracts, property, family
organizations, or between individuals and matters, and personal injury. Civil
organizations. The aim is to provide remedies for cases usually involve claims for
wrongs or damages that do not involve criminal compensation or specific performance
conduct. rather than punishment.

03 Parties 04 Outcomes

The person or entity bringing the case is the plaintiff or Typically involve remedies such as monetary
complainant, and the person or entity being sued is the compensation, restitution, or injunctions (court orders
defendant or respondent. to do or refrain from doing something)
Criminal Law

01 Purpose 02 Focus
Conduct that is deemed harmful or
To address actions that are considered offenses dangerous to society, such as theft,
against society or the state. The aim is to punish assault, and murder. Criminal cases
and rehabilitate offenders, deter criminal involve prosecution by the state and
behavior, and protect the public. penalties such as fines, imprisonment,
or community service..

03 Parties 04 Outcomes

The case is brought by the state or government Can result in penalties such as imprisonment, probation,
(prosecutor) against an individual or entity accused of fines, or community service. The focus is on punishing
committing a crime (defendant). the offender and protecting society.
Environmental Law
Environmental laws can be classified as both civil
and criminal, depending on the nature of the
violation and the associated penalties

Civil Law Criminal Law


Environmental Law as
Civil Law
These laws typically deal with issues like regulatory compliance and
damage control. They often involve:

Regulations and Standards:


Setting rules for environmental protection, such as emissions limits or
waste disposal procedures.
Permitting:
Requiring businesses to obtain permits for activities that may impact the
environment.
Enforcement Actions:
If a company or individual violates environmental regulations, they might
face fines or be required to make corrective actions.
Civil Suits:
Parties affected by environmental harm (like local communities or
environmental organizations) can sue for damages or seek injunctions.
Environmental Law as
Criminal Law
These involve more serious violations that are considered offenses
against society and the law. They include:

Intentional Violations:
Deliberate actions that harm the environment, such as illegal dumping of
hazardous waste or falsifying environmental compliance reports.
Negligence:
In some cases, criminal charges may be brought if negligence results in
significant environmental harm.
Penalties:
Criminal penalties can include fines and imprisonment for individuals or
corporate executives found guilty of serious violations.
The distinction largely depends on whether the action is considered a
regulatory infraction (civil) or a more severe offense against public
welfare (criminal).
Environmental Laws
 Pakistan Environmental Protection Act
(PEPA) 1997*
 National Climate Change Policy (NCCP)
2012
 Framework for Implementation of Climate
Change Policy (2014–2030)
 Pakistan Climate Change Act 2017
Environmental Laws
 Renewable Energy Policies
 Disaster Risk Reduction (DRR) and
Management Frameworks
 Pakistan Climate Change Act 2017
 Nationally Determined Contributions
(NDCs)
 Provincial Environmental Protection
Pakistan Environmental Protection Act
(PEPA) 1997

 This is the primary legislative framework for environmental protection in

Pakistan. It establishes the Pakistan Environmental Protection Council and the

Pakistan Environmental Protection Agency (Pak-EPA), which are responsible

for implementing environmental policies, laws, and regulations. PEPA 1997

addresses issues such as pollution control, environmental impact

assessments (EIAs), and the regulation of hazardous substances, all of which

are relevant to climate change mitigation and adaptation.


National Climate Change
Policy (NCCP) 2012
 The NCCP is a key document that outlines Pakistan's
strategy for addressing climate change. It provides a
framework for integrating climate change considerations
into national and sectoral development plans. The policy
emphasizes adaptation measures, given Pakistan's
vulnerability to climate impacts, but also includes strategies
for mitigation, such as promoting renewable energy,
improving energy efficiency, and reducing greenhouse gas
emissions.
Framework for Implementation of
Climate Change Policy (2014–
2030)

 This framework provides a roadmap for implementing the


NCCP. It outlines specific actions, timelines, and
responsibilities for federal and provincial governments. The
framework addresses sectors such as water resources,
agriculture, forestry, biodiversity, disaster preparedness,
and energy, all within the context of climate change.
Pakistan Climate
Change Act 2017

 This act established the Climate Change Authority, Climate


Change Council, and Climate Change Fund. The Climate
Change Authority is tasked with implementing the national
climate change policy, preparing adaptation and mitigation
strategies, and ensuring that climate change considerations
are integrated into national planning and development
processes.
Nationally Determined
Contributions (NDCs)

 Under the Paris Agreement, Pakistan has submitted its


NDCs, which outline the country's commitments to reduce
greenhouse gas emissions and adapt to climate change
impacts. The NDCs include targets for reducing emissions
from the energy, agriculture, and forestry sectors, among
others, and highlight the need for international support and
funding to achieve these goals.
Provincial Environmental
Protection Agencies
(EPAs)

 Following the devolution of environmental responsibilities


to the provinces under the 18th Amendment to the
Constitution, each province has established its own EPA.
These agencies are responsible for enforcing environmental
laws, conducting environmental impact assessments, and
implementing climate-related policies at the provincial level.
Renewable Energy Policies

 Pakistan has adopted several policies to promote


renewable energy as part of its climate change mitigation
efforts. These include the Alternative and Renewable
Energy Policy (ARE Policy) 2019, which aims to increase
the share of renewable energy in the national energy mix,
reduce reliance on fossil fuels, and lower greenhouse gas
emissions.
Disaster Risk Reduction (DRR) and
Management Frameworks

 Given Pakistan's vulnerability to climate-induced disasters,


such as floods and droughts, the country has developed
DRR frameworks that incorporate climate change
considerations. The National Disaster Management
Authority (NDMA) and provincial disaster management
authorities (PDMAs) play key roles in implementing these
frameworks.
These laws and regulations, combined with
international commitments, form the backbone of
Pakistan's legal framework for addressing climate
change. They are designed to promote
environmental sustainability, enhance climate
resilience, and reduce the country's carbon
footprint.
Thank You

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