Environment Protection Act

The Environment Protection Act sets out provisions to protect the environment and reduce the harmful chemical, physical, biological, and geological effects on the natural environment. The Act consist of 59 articles, which divided into 8 Chapters: General Provisions (I); Atmosphere Protection (II); Biosphere Protection (III); Lithosphere Protection (IV); Hydrosphere Protection (V); Protection of Forests, Rangelands, and Natural Parks (VI); Violations and Liabilities (VII); Final Provisions (VIII). The scope of Act includes atmosphere; biosphere; lithosphere; hydrosphere; forests and forests products; rangelands and natural parks. The Government Cabinet is the responsible authority to implement the provisions of this Act through various Ministries and Departments. In this regard, the Cabinet is required to: determine regulations, laws, and standards; prepare and implement comprehensive plans for natural environment protection; protect wildlife; determine pollutants of atmosphere and their harmful effects; monitor and control the environmental protection affairs and usage of natural resources; settle disputes about natural environment; make national policies and strategies for environmental issues. Protection of the environment, preventive measures, elimination of harmful effects on the environment, and enhancement of natural resources are considered as part of the national economic and social development plan. The Act requires proper incentives and encouragements for department, institutions, and individuals who are active in the environmental protection sector. The Act requires Cabinet to set out standards and criteria for permitted atmosphere pollutants to determine the air quality in various zones. All institutions and factories which cause air pollutants shall equip their buildings and machinery with purifying equipment and shall safely transport their pollutants to the especial storages. In construction, infrastructure, and industrial projects, all necessary technology and equipment should be deployed to reduce the prospective air pollution. The Act enacts provisions for protection of biosphere through: determination of protective standards; efficient use and reproduction of plants and animals; limitation and prohibition of misusage of plants and animals; protection of environment and enhancement of animal reproduction; prevention of flora and fauna loss; creation of quarantine and protected areas; reproduction of rare and endangered animals; limitation on use of animals and plants for zoology collection; prohibition of rare and endangered animals and plants’ exportation; research and scientific projects; an increase in public knowledge. The Landowners and land users shall use lands according to their initial purpose. They also should take any necessary measures to increase economic benefits, develop technical agriculture, modify irrigation system and hydrotechnical system, prevent land destruction and land pollution. Any use and exploitation of underground resources require the compliance of followings: efficient and legal use of mines; studies on the protection of the underground environment; safety of the underground infrastructure and facilities; prevention of penetration of water, oil, and gas to mines; observe mapping and geology regulations. According to the Law, in Afghanistan water is public property and should be protected from pollution, a decrease in fish stock, damages in water supply, and any form of chemical, physical, and biological changes in waters. All forests, rangelands, and national parks are common property and the Government should take any necessary measures to protect them.