Environment Law.

This Law provides for the protection and rehabilitation of the environment and the conservation and sustainable use of natural resources, living organisms and non-living organisms. it covers a wide range of matters regarding the environment, protected areas, biodiversity, rangeland management and access to and management of genetic resources. It gives effect to Article 15 of the Constitution of Afghanistan. That Article requires the state to adopt necessary measures to protect and improve forests as well as the living environment. The Law consist of 78 articles, which divided into 9 Chapters: General Provisions (I); Functions and Powers (II); Management of Activities Affecting the Environment (III); Integrated Pollution Control (IV); Environmental Considerations Relevant to Water Resource Conservation and Management (V); Biodiversity and Natural Resource Conservation and Management (VI); Environmental Information, Education and Training, and Research (VII); Compliance and Enforcement (VIII); Miscellaneous Orders (IX). The primary purposes of this Law are to: (1) improve livelihoods and protect the health of humans, fauna and flora; (2) maintain ecological functions and evolutionary processes; (3) secure the needs and interests of present and future generations; (4) conserve natural and cultural heritage; (5) facilitate the reconstruction and sustainable development of the national economy. Planning for sustainable use, rehabilitation and conservation of biological diversity, forests, rangeland and other natural resources, prevention and control of pollution, and conservation and rehabilitation of the environment from adverse effects shall be an obligatory element of all national and local land use plans and natural resource management plans developed by all relevant ministries and national institutions.
The Law appoints the as the National Environmental Protection Agency (Agency) as the principal authority responsible for coordinating and monitoring conservation and rehabilitation of the environment, and for implementing this Law. In achieving the purpose of this Act, fundamental principles shall be applied. These include, among other things, an integrated approach, safeguarding of the environment for future generations, the polluter-pays-principle, and involvement of local communities in sustainable natural resource management. It also defines rights and duties of the state and citizens in respect of the environment.
The Agency shall, among other things, develop and implement national environmental policies and strategies, provide environmental services, coordinate environmental affairs at the local, national and international levels, develop a national environmental action plan, prepare a prepare a national biodiversity strategy and action plan, and implement the Convention on the International Trade in Endangered Species of Fauna and Flora (CITES). It shall also monitor the implementation of the objectives and provisions of this Law. The Law establishes a Committee for Environmental Coordination for promoting the integration and coordination of environmental issues and the fundamental principles set out in this Act and a National Environmental Advisory Council. The main function of the Committees shall be mainstreaming environmental issues into the framework of the Government's policies for national development. The Council shall provide advice to the Agency. Sub-national Environmental Advisory Councils are established in every province. They shall report to Agency.
If the Agency, acting on the advice of the EIA Board of Experts, considers that all the environmental impacts and concerns are adequately addressed by the environmental impact statement in accordance with this Act, it shall grant a permit for the project, plan, policy or activity. The Agency shall refuse to grant a permit in respect of a project, plan, policy or activity if it, acting on the advice of the EIA Board of Experts, considers that the implementation of the project would bring about unacceptable significant adverse effects or that the mitigation measures may be inadequate to satisfactorily mitigate the significant adverse effects on the environment. The proponent must demonstrate to the Agency that affected persons have had meaningful opportunities, through independent consultation and participation in public hearings, to express their opinions on these matters on a timely basis. Appeal against decisions may be had with the Director-General of the Agency and, subsequently, with court. As a matter of policy, the Law also provides for economic incentives and disincentives and the valuation of natural resources.
Pollution control licences, waste management licences and hazardous waste management licences shall be issued by the Agency. The granting of a licence does not affect the applicant's duty to obtain any other authorisation required in order to undertake the activity or implement the project concerned, whether in terms of this Act or any other legislation. A person who discharges pollutants shall take all reasonable measures to ensure that the best practicable environmental option is adopted in relation to the discharge or emission and conservation of the environment.
As for the management and protection of water resources, the aquatic and associated ecosystems and their biological diversity and the degradation of water resources shall be taken into account. When preparing water resource management plans, ministries and other national institutions shall at least take the following into account: (1) provisions for integrated watershed management; (2) regulation of sustainable abstraction of groundwater; (3) regulation of the use of surface water for agricultural, industrial, mining, and urban purposes; ( 4) measures to protect human health and ecosystems; (5) measures to protect wetlands and their associated ecosystems; (6) any other provision necessary for the sustainable use and management of water resources. The Law defines duties of land owners in respect of preventing and remedying effects of pollution of water resources.
The Agency shall ensure that measures identified in the national biodiversity strategy and action plan are included in national development planning. The Agency shall also develop rehabilitation plans for degraded ecosystems. Natural resources, whether inside or outside protected areas, shall be managed to ensure their sustainable use and conservation. The Law establishes a national protected areas system and the Agency is requires to develop a comprehensive plan for the system. The Law also sets out requirements in respect of designation and management plans for protected areas. These require local and community involvement. The following categories of protected areas shall be established: (1) strict nature reserve; (2) national park; (3) natural monument; ( 4) habitat/ species management area; ( 5) protected landscape; (6) managed resource protected area. Nationally protected areas may be declassified only by law.
The Law also provides for restoration of indigenous vegetation and rangeland management for which the Ministry of Agriculture, Animal Husbandry and Food shall be the lead agency. Taking of all species listed as protected by the Agency shall be prohibited. Introduction of alien species and living modified organisms is subject to specific provisions. All trade in specimens of species listed in Appendices I, II, and III of the CITES shall be carried out in accordance with the provisions of that Convention.
Access to genetic resources shall be subject to prior authorisation in the form of an access permit granted by the National Environmental Protection Agency. Exchanges of genetic resources among local communities or groups for traditional, noncommercial purposes are exempt from the restrictions on access.