Environmental Legislation Guides in Kurdistan Region - Iraq

Environmental Legislation Guides in Kurdistan Region - Iraq

Shilan Aziz Salih,
Razhan Aso Ali

Compte d’auteur

It is known that the existence of environmental institutions for environmental protection is not enough unless they are empowered or have some sort of independence in applying environment rules. Without having power, government institutions will fail to execute their duties.
Environmental pollution is the forefront issue throughout the worlds’ countries and considered to be a modern problem. Kurdistan Region faces multiple environmental problems especially in environmental laws and how they are executed.
Despite the fact that Kurdistan Region in particular ...

Table of Contents

Part One: - Environmental general legislations issued in Kurdistan Region
1- Law no. (8) for (2008) Environmental Protection and Improvement in Kurdistan Region-Iraq / 5
2- Instructions no. (2) of (2009) Environmental Protection and Improvement fund in Kurdistan Region-Iraq / 18
3-Law no. (3) for (2010) Environmental Protection and Improvement Board in Kurdistan Region-Iraq / 23
Part two: - Environmental legislations related to environmental elements: -Section one: Environmental legislations related to non-living environmental elements (Soil, Water, Air)
First: Environmental legislations related to soil
1- Law Regulating mineral investment Number (91) of (1988) / 27
2- Instructions Number (1) for the year (1999), mining investment / 37
Second: Environmental legislations related to water
1- Law Number (6) of (1962) Irrigation Law (amended) / 39
2- Law (138) of (1971) Law of Execution of Irrigation Projects (amended) / 44
3- Law (59) of (1987) law of exploitation of beaches / 51
4- Instructions Number (1) of (1987) Instructions of application of law of execution of irrigation projects number (138) of 1971 / 54
5- Instructions Number (1) of (2015) Water well drilling instructions in Kurdistan Region-Iraq / 59
Third: Environmental legislations related to air
1- Instructions Number (1) of (2011) Noise Reduction in Kurdistan Region-Iraq / 66
2- Instructions Number (2) of (2011) protection of atmosphere from common and dangerous air pollutants.76
Section Two: Environmental legislations related to living environmental elements (plants and wild animals)
1- Law on Protection of wild animals and birds Number (21) of (1979) / 90
2- Resolution No. (1054) of 1980, Confiscation of cattle grazing at agricultural and fenced lands or grazing restricted areas / 94
3- Instructions No. 35 of 1980, related to execution of provisions of the Revolutionary Command Council’s decision / 95
4- Act of Natural Pastures No. 2 of 1983 / 96
5- Instructions (117) of 1987, organizing of grazing at natural pastures / 101
6- Resolution (463) of 1989 to ban deer hunting all over Iraq Regulation Number (9) of (2011) establishment of Natural Reserves in Kurdistan Region / 104
7- Iraq and its management / 105
8- Act of Forests in Kurdistan Region of Iraq, number 10 of 2012 / 108

PREFACE

It is known that the existence of environmental institutions for environmental protection is not enough unless they are empowered or have some sort of independence in applying environment rules. Without having power, government institutions will fail to execute their duties.
Environmental pollution is the forefront issue throughout the worlds’ countries and considered to be a modern problem. Kurdistan Region faces multiple environmental problems especially in environmental laws and how they are executed.

Despite the fact that Kurdistan Region in particular and Iraq in general legislate many laws, instructions, decisions and regulations that conserve and protect the environemnt that is considered valid and executable until now, there is a sort of mixing and confusion among them when they are reviewed by stakeholdrs and citizens as many of them have multiple source of legislation in one hand and are dated back to the seventies and eighties on the other hand.

Therefore, Nature Iraq organization found that it is their duty to contribute in the making of the legal guide particularly for all environmental laws in Kurdistan Region – Iraq, with the aim to collect the environmental laws, instructions and regulations into one booklet with the goal of raising awareness standards for citizens and Civil Society Organizations (CSOs) through familiarizing with their rights and duties towards the environment and then, facilitating the execution of environmental laws by the stakeholders.

The guide consists of three important elements to the environment (Soil, Water and Air) and also the living elements (plants and animals) and will be distributed to all related environmental governmental institutions and CSOs in Kurdistan Region in three languages (Kurdish, Arabic and English).
Nature Iraq organization started to translate, print, and publish the legal guide under (Iraq Waterkeeper Environmental Law and Advocacy Project) funded by the European Union.

Part One

- Environmental general legislations issued in Kurdistan Region

1- Law no. (8) for (2008) Environmental Protection and Improvement in Kurdistan Region – Iraq

In the Name of the People Resolution
Number (20) for the Year (2008)
The Law Of Environmental Protection And Improvement In Iraqi Kurdistan Region

According to the clause (1) of article (10) of amended Iraqi Kurdistan Region Presidency Law
Number (1) for the year (2005) and depending on the bill which has done by Iraqi Kurdistan
National Assembly in the session number (27) on June 11 \2008, we have decided to issue:

Law Number (8) for the year (2008)

The Law of Environmental Protection and Improvement in Iraqi Kurdistan Region

First Portal:
General Definitions, Goals and Principles

Chapter One:
- Goals and Definitions

Article 1:
Meaning of the following expressions was the opposite meaning of them for the purpose of this
law:
First: The region: Iraqi Kurdistan region.

Second: The Ministry: Environment Ministry in Kurdistan region.
Third: The Minister: The Minister of environment in Kurdistan region.
Fourth: The Council: The Council of Environmental Protection and Improvement in the region.
Fifth: The Chairman: The Chairman of Environmental Protection and Improvement Council in the region.
Sixth: Governorate council: The Environmental Protection and Improvement Council in the regional governorates.
Seventh: The Box: The Box of environmental protection and improvement in the region.
Eighth: The Environment: The biosphere that includes living organisms (Human, animal, and plant),and biotic components and all its surroundings such as air, water, soil, and their contents from solid, liquid, and gaseous substances, in addition to the mobile and immobile man made establishments.
…..

Shilan Aziz Salih
Razhan Aso Ali

Environmental Legislation Guides in
Kurdistan Region - Iraq

Compte d’auteur

Compte d’auteur
Environmental Legislation Guides in
Kurdistan Region - Iraq
Prepared by
Lawyer/ Shi Ian Aziz Salih
Lawyer/ Razhan Aso Ali

Supervised by
Dr. Anwar Omer Qadir
General Director of
Planning and Fallow up
Ministry of Agriculture
and Water Resources

First Version
Sulaimaniya 2015