Guidelines for Sensitive and Critical Areas
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Government of Pakistan October 1997 Guidelines For Sensitive And Critical Areas Contents Page 1. Context Of Guideline 2 2. Purpose 2 3. Basis of this Guideline 3 3.1 Principles 3 3.2 Protected Areas 3 3.2.1 Ecosystems 4 3.2.2 Archaeological Sites and Monuments 5 4. Approach To Ecosystems 5 4.1 The Importance Of Protection 5 4.2 Policies And Legislation 6 4.3 Notified Protected Ecosystems In Pakistan 7 4.4 Classification Of Protected Ecosystems In Pakistan 9 4.4.1 Wildlife Sanctuary 9 4.4.2 National Park 9 4.4.3 Game Reserves 10 4.5 Checklist Of Procedure For Environmental Assessment 10 5. Approach To Archaeological Sites and Monuments 11 5.1 The Importance Of Protection 11 5.2 Geological Sites In Pakistan 11 5.3 Notified Archaeological Sites and Monuments 11 5.4 Checklist Of Procedure For Environmental Assessment 12 6. List Of World Heritage Sites In Pakistan 13 7. References 13 Appendices Description Page Appendix I List Of Notified Protected Ecosystems In Pakistan 14 Appendix II List Of Notified Protected Archaeological Sites And 23 Monuments In Pakistan Appendix III 1. Contacts for Ecosystems 53 2. Contacts for Archaeological Sites 3. List Of Key Contacts In Developing the Guidelines 1. CONTEXT OF GUIDELINES This guideline is part of a package of regulations and guidelines which include: • The Pakistan Environmental Ordinance 1997 • Policy and procedures for filing, review and approval of environmental assessments • Guidelines for the preparation and review of Environmental Reports • Guidelines for public participation • Guidelines for sensitive and critical areas • Pakistan environmental legislation and the National Environmental Quality Standards (NEQS) • Sectoral guidelines for Environmental Reports This guideline should not be read on its own, but in the context of the overall package. 2. PURPOSE The objective of the guideline is to provide guidance to project proponents and other stakeholders in the environmental assessment process, so that the proposed projects are planned and sited in a way that protects the values of sensitive and critical areas. These guidelines will help proponents of projects requiring Environmental Reports: • in identifying what are the officially notified protected areas in Pakistan. These may include critical ecosystems including wildlife reserves and forests, archaeological sites, monuments, buildings, antiquities, or cultural heritage sites; • if a proposed development is on a notified protected area or within the vicinity of such an area, then the approach detailed in this guideline should be adopted. Sensitive ecosystems and archaeological sites and monuments are separately addressed, in Sections 4 and 5 respectively. Section 3 briefly discusses the formulation process of the guidelines and summarizes the important components of Sections 4 and 5. The approach set out in this guideline will provide proponents and Review Authorities alike with a consistent and well defined process in facilitating decisions required to either prohibit or closely control development in protected areas. Guidelines for Sensitive 2 October 1997 and Critical Areas 3. BASIS OF THIS GUIDELINE 3.1 Principles The guiding principles in developing these guidelines are: • to help proponents identify “sensitive and critical” areas in Pakistan • upon identification of proposed development in a “sensitive and critical area” the Responsible Authority will seek that the proponents, and the relevant conservation authorities have engaged in a verifiable process of communication with each other which leads to a thorough investigation of likely impacts and alternatives for the project; and satisfies the relevant conservation authorities requirements. The formulation of these guidelines has involved visiting a number of government departments as well as non-government agencies. Some of the key contacts are listed at the end of Appendix III. The guidelines have been developed with extensive consultation with the relevant conservation authorities (listed as primary contacts in Appendix III). In addition, numerous research materials have been collected and compiled in developing this guideline. The references provided in Section 7 refer to these. Despite the extensive consultation with experts and research material, the guidelines have deliberately been kept simple; so that the process is clear and easy to follow for the proponent, and Review Authorities as well. By keeping the guidelines simple the both proponent and Review Authority will need to rely heavily on the relevant specialists such as conservation authorities to provide assistance on specific technical issues. 3.2 Protected Areas Protected areas are of crucial and growing importance. This is because properly managed protected areas are based on the establishment of a system which aims to: • safeguarding the earth’s precious biodiversity • protect outstanding areas of natural beauty, and • conserve areas of cultural significance. In Pakistan there exists a system of protected areas for the protection of endangered species, habitats, ecosystems, archaeological sites, monuments, buildings, and other cultural heritage. The threats to protected areas in Pakistan are commercial-industrial pressures including mining, logging, development projects, and mismanaged tourism. Protected areas in Pakistan can be broadly categorized into two groups; they are: 1. ecosystems, and 2. archaeological and cultural sites. These guidelines apply for development related to protected areas (also referred to as sensitive and critical areas), and have been formulated for two parallel approaches, with almost identical processes. The two approaches have been developed for: A. Ecosystems (includes protected areas such as wildlife reserves, national parks, game Guidelines for Sensitive 3 October 1997 and Critical Areas reserves) B. Archaeological Sites, Monuments, Buildings And Cultural Heritage (includes world heritage listing) Protected area notification and management is the responsibility of two distinct authorities who manage the above respective areas. These authorities whether federal or provincial, and dealing with ecosystems or cultural heritage, are referred to in this guideline as “the relevant conservation authority”. Sections 4.5 and 5.4 provide the checklist of procedures for environmental assessment related to sensitive and critical areas. 3.2.1 Ecosystems Protected areas help maintain the integrity and diversity of ecosystems, protect flora and fauna, and facilitate ecological processes such as water flows, soil regeneration, nutrient cycling and so on, which are vital for all life. In Pakistan due to population pressures protected areas need to be managed with a sustainable balance of human populations. In our context the exclusion of human populations is not possible, and in fact could be non-humanitarian in some cases. The balance between protection of species and meeting human needs is a delicate , and controversial issue which needs the careful consideration of the proponent, the relevant conservation authority, and the Review Authority. The Secretary Forestry And Wildlife Department at the provincial level will be involved in the comment and recommendation for environmental assessments that are related to ecosystems. The proponent or consultant for a proposed development in a protected area will be required to contact the Secretary Forestry and Wildlife Departments in Punjab, Sindh, N.W.F.P, Balochistan, AJK, or Northern Areas. At the federal level the office of the Inspector General Forestry (IGF) will be the central and national coordinator for the Provincial Wildlife Departments in the Environmental Assessment Report review. The IGF office has ongoing responsibilities for policy formulation, implementation, embedding process, monitoring, technical assistance, and R&D assistance if required. Finally, the IGF will need to be involved to assist in any dispute between the provincial wildlife departments and the proponent/consultant which they cannot resolve between themselves. The Environmental Assessment Report should not be finalised and submitted to the Responsible Authority (i.e. provincial EPA’s) until there is consultation with the provincial wildlife departments, and their comments and recommendations are taken into consideration as part of the mitigation and control measures. These guidelines are expected to be included by the Federal IGF Office in the refinement of their current Forestry Master Plan for up to year 2017. The involvement of the provincial wildlife departments and Federal IGF in the Environmental Assessment Report review will become a critical part of the process for project review and approval, for development in or vicinity of protected ecosystems. While the provincial wildlife conservation departments and the Federal IGF will provide this Guidelines for Sensitive 4 October 1997 and Critical Areas technical and specialised expertise in the review process, the review of the environmental reports and the provision of any Environmental Approval will be undertaken by the responsible Authority, as provided for in the Act and elsewhere in the package. 3.2.2 Archaeological Sites and Monuments The authorities to be consulted by the proponent are the provincial archaeological departments. In provinces where there is no government department of archaeology, there the Federal Director General Archaeology, will need to be consulted for developments related to archaeological sites, monuments, antiquities, cultural heritage, and world heritage listing sites. In