Environmental Rules and Policies in Iran. Elahe Pour karimi. October 2015

Transcription

1 Environmental Rules and Policies in Iran Elahe Pour karimi October 2015

2 Environmental rules and policies in Iran The development of environmental law in Iran, especially activities and measurements regarding the environmental policies, laws and regulations has been started along side with the global environmental activities in 1970 s. Some of them are illustrated here: 1-The national rules and regulations have been established since 1967 in the field of control and conservation of living resources (wild life and their habitats), water resources, soil, air, environmental impacts assessment that are according to national policy and outlook and also international strategy and action plan like 21agenda, conventions, some program like sustainable cities and CPI program and etc. (Annex 1)

3 Environmental rules and policies in Iran 2-Assigned a specific principle of constitution to environment (50 th principle) : The conservation of the environment where in the present as well as the future generations have a right to a flourishing social existence - is considered a public duty in the country. Economic and other activities that involve pollution of the environment or cause irreparable damage to it are forbidden.

4 Environmental rules and policies in Iran 3- Set the general environmental strategies and policies based on 110 th principle of constitution. 4- Joining to international conventions and making efforts to joint global actions and obligations (Annex 2).

5 Operational Issues: 1-There are administrative problems within ministries and organizations related to parochial approaches. For instance, some times Ministry of Industry tries to increase production and develop industry without considering environmental limitations. Another example is the Ministry of Energy, which has not taken EIA into account when the dams have been built resulting in drying lakes and ponds. These industrial projects are prioritized regarding to the development plans. As a consequence, some organizations do not care about environmental rules and standards.

6 Operational Issues: 2-The inconsistencies between organizations, cause executive difficulties. It happens due to ambiguity of organizational functions and positions. As an example, in some acts like The Air Act, different ministries and organizations are involved while they do not collaborate properly. So, the inconsistent operations lead to the environmental crisis such as air pollution which is severe in some cities especially in Tehran, though there have been a lot of measurements and plans to reduce it. So the reform of this act is under consideration.

7 Operational Issues: 3-The determined sanctions and penalties in some laws are not deterrent. For instance Most of the regulations related to fines were passed several years ago and they are not updated based on the rate of inflation. As a result, it seems the fines are very low and not appreciated.

8 Operational Issues: 4-In some offences like hunting the judges easily discharge the accused ones. It happens because some judges do not consider the environmental offences as the violation of rules.

9 National Environmental Laws and Regulations (Annex 1) No Topic Approval Subject Focal point Cooperating Organization 1 Hunting & <ishing Act and executive regulations 1967 Responsibilities and duties of in the <ield of management of protected wild animals control of hunting and protected areas. Ministry of Agriculture 2 Environmental conservation & improvement Act and executive regulations 1974 General structure of And its duties and responsibilities regards industrial unites and projects and environmental infringements Protecting boundary sea & rivers Act (pollution with oil substances 1975 Control & reduce pollution in water resources Ports & Maritime Organization

10 National Environmental Laws and Regulations (Annex 1) No Topic Approva l Subject Focal point Cooperating Organization 4 Act of equitably water distribution 1982 Distribution of water resources and responsibilities to prevent of water pollution. Ministry of Energy 5 prevention Air pollution Act 1995 control and reduce pollution in 3 sectors: household,industrie s and vehicles Industrial, mining & trade ministry, Police, Standard organization 6 Enforcement regulation on sound pollution 1999 Control of sound pollution resources in cities Ministry of state and Road & urban ministry And standard organization

11 National Environmental Laws and Regulations (Annex 1) No Topic Approval Subject Focal point Cooperating Organization 7 executive regulations in transportation hazardous substances 2001 Indicating obligations on transportation hazardous substances Road &urban ministry 8 Waste management Act 2004 waste management Ministry of state, municipalities, ministry of industry, ministry of health 9 5 th development plan 2010 This Law, adopted by the Islamic Republic of Iran provides for the development plan of the country, which is valid for <ive years and has a section on environment. All governmental bodies

12 Na$onal Environmental Laws and Regula$ons (Annex 1) No Topic Approval Subject Focal point Cooperating Organization 10 The regulation of Asbestos prohibition 2011 prohibition of using Asbestos in industrially Industrial, mining & trade ministry Police, Standard organization 11 Environment impact assessment ( from 5 th development plan) 2011 Temporary act on Assessment of the projects on the scale of environmental impacts to issue permission. All governmental bodies 12 wetland conservation, improvement & management act (Bill) Under Considerati on proceeding Ramsar convention All governmental bodies

13 Na$onal Environmental Laws and Regula$ons (Annex 1) No Topic Approval Subject Focal point 13 soil & natural resources Act (Bill) 14 Environment impact assessment (Bill) Under Considera tion Under Considera tion Make regulations and limitations related to human activities that harm natural resources and soil Assessment of the projects on the scale of environmental impacts to issue permission. Cooperating Organization Ministry of agriculture, ministry of industry All governmental bodies

14 Na$onal Environmental Laws and Regula$ons (Annex 1) No Topic Approval Subject Focal point Cooperating Organization 15 Clean Air Act (Bill) Under Considera tion control and reduce pollution in 3 sectors: household,industri es and vehicles, Industries, mining & trade ministry, Police, Standard organization 16 Green Tax (Bill) Under Considera tion It aims to impose tax on the pollutant industries and encourage producers to use the environmental friendly methods and means, Industries, mining & trade ministry, Tax affairs organization

15 Interna$onal Environmental Conven$ons & Protocols (Annex 2) No Name of conven$ons Ra$fica$on Focal point 1 Ramsar (ON WETLANDS OF INTERNATIONAL IMPORTANCE ESPECIALLY AS WATERFOUL HABITAT) 2 UNESCO (PROTECTION OF THE WORLD CULTURAL AND NATURAL HERITAGE) 3 CITIES (ON SPECIES TRADE IN ENDANGERED WILD FAUNA and FLORA) 4 KUWAIT (regional) Cultural Heritage, HandcraUs and Tourism Organiza$on IN Cultural Heritage 2- IN NATURAL HERITAGE

16 Interna$onal Environmental Conven$ons & Protocols (Annex 2) No Name of conven$ons Ra$fica$on Focal point 5 KUWAIT (REGIONAL COPROTOCOL CONCERNING COMBATING POLLUTION BY OPERATION IN HARMFUL SUBSTANCES IN /OTHER OIL EMERGENCY CASE OF) 6 CMS (ON THE CONSERVATION OF MIGRATORY SPECIES) 7 KYOTO (ON CLIMATE CHANGE) 8 VIENNA (FOR THE PROTECTION OF THE OZONE LAYER) 1979 Related to Kuwait conven$on

17 Interna$onal Environmental Conven$ons & Protocols (Annex 2) No Name of conven$ons Ra$fica$on Focal point 9 MARPoL (PREVENTION OF MARINE POLLUTION FROM SHIPS) 11 MONTREAL (ON SUBSTANCES THAT DEPLETE THE OZONE LAYER) 1991 Ports and Mari$me Organiza$on KUWAIT (MARINE POLLUTION ERSULTING FROM EXPLORATION AND EXPLOITATION OF THE CONTINENTAL SHELY) 1989 Related to Kuwait conven$on

18 Interna$onal Environmental Conven$ons & Protocols (Annex 2) No Name of conven$ons Ra$fica$on Focal point 13 STOCKHOLM (POPs) (ON THE PERSISTENT ORGANIC POLLUTANTS) 14 TEHRAN (FOR THE PROTECTION OF THE MARINE ENVIRONMENT OF THE CASPIAN SEA) 15 BAZEL (THE CONTROL ON MOVEMENTS OF TRANSBOUNDARY THEIR HAZARDOUS WASTES AND DISPOSAL) 16 ROTTERDAM (PIC) (CONVENTION ON THE PRIOR INFORMED CONSENT) & Ministry of Agriculture Jihad

19 Interna$onal Environmental Conven$ons & Protocols (Annex 2) No Name of conven$ons Ra$fica$on Focal point 17 SOLAS (LONDON) ( INTERNATIONAL CONVENTION ON SALVAGE) 19 COMBAT DESERTIFICATION IN THOSE COUNTRIES EXPERIENCING SERIOUS DROUGHT AND / OR PESERTIFICATION 20 UNFCCC (FRAMEWORK CONVENTION ON CLIMATE CHANGE) 1994 Ports and Mari$me Organiza$on 1996 Ministry of Agriculture Jihad 1996

20 Interna$onal Environmental Conven$ons & Protocols (Annex 2) No Name of conven$ons Ra$fica$on Focal point 21 BDE (BIOLOGICAL CONVENTION ON DIVERSITY) 22 LONDON (INTERNATIONAL CONVENTION ON OIL POLLUTION PREPAREDNESS, RESPONSE AND CO- OPERATION) 23 kuwait (MOVEMENTS OF TRANSBOUNDARY THEIR HAZARDOUS WASTES AND DISPOSAL) 24 LONDON (PREVENTION OF MARINE POLLUTION MATTER DUMPING OF WASTES AND OTHER) Ports and Mari$me Organiza$on (MINISTRY OF ROADS AND URBAN DEVELOPMENT) 1997 Related to Kuwait conven$ons 1997

21 Interna$onal Environmental Conven$ons & Protocols (Annex 2) No Name of conven$ons Ra$fica$on Focal point 25 KUWAIT (PROTECTION OF THE MARINE ENVIRONMENT AGAINST POLLUTION FROM LAND - BASED SOURCES) 26 CARTAGENA (BIOSAFTY TO THE CONVENTION ON BIOLOGICAL DIVERSITY) 1992 Related to Kuwait conven$on Kuwait ( Regional Conven$on for Co- Opera$on of the Marine Environment from ) 28 TEHRAN For protocol related to environment of Caspian sea - -

22 Thanks for your aeen$on