Environmental Legislation Guides in Kurdistan

Region - Iraq

Twana A. Tahir
 What is Environmental Law?
Environmental Law means the laws that regulate the impact of human activities on
the environment.

Environmental law covers a broad range of activities that affect air, water, land, flora
or fauna. It includes laws that relate to:

Protection of animals and plants

Planning for the use and development of land
Mining, exploration and extractive industries
Forestry
Pollution
Fisheries
Land and fire management
Agriculture and farming
Waste management
Climate change and emissions
Water resource management (lakes, wetlands, rivers and oceans)
Chemicals and pesticides
Marine life
Conservation of natural and cultural heritage
 What are the General functions of most
Environmental laws?
1. Set offences and penalties for causing harm to the environment
which is not authorized.

2. Assess, control or stop certain activities (such as land use and

development) before they are carried out.

3. Set policies and standards for how activities will be controlled and
how environmental decisions and approvals will be made.

4. Enable members of the public to take part in environmental

decision-making.

5. Create regulatory structures for environmental management,

such as regulatory agencies (e.g. the Department of Lands,
Planning and Environment)
 Environmental General legislations issued in
Kurdistan Region

1- Law no. (8) for (2008) Environmental

Protection and Improvement in Kurdistan
Region Iraq.

2- Instructions no. (2) of (2009)

Environmental Protection and Improvement
fund in Kurdistan Region-Iraq.

3- Law no. (3) for (2010) Environmental

Protection and Improvement Board in
Kurdistan Region-Iraq .
 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)

2- Instructions Number (1) for the year (1999) , mining investment

Second: Environmental legislations related to Water

1- Law Number (6) of (1962) Irrigation Law (amended)

2- Law (138) of (1971) Law of Execution of Irrigation Projects (amended)
3- Law (59) of (1987) law of exploitation of beaches
4- Instructions Number (1) of (1987) Instructions of application of law of execution of
irrigation projects number (138) of 1971
5- Instructions Number (1) of (2015) Water well drilling instructions in Kurdistan Region-
Iraq
Third: Environmental legislations related to Air
1- Instructions Number(1)of (2011) Noise Reduction in Kurdistan Region-Iraq
2- Instructions Number(2)of (2011) protection of atmosphere from common and
dangerous air pollutants.
 The Goal of Environmental law in Kurdistan Region is to achieve
the following purposes:
First: Maintaining the environment of the region, protecting, improving, developing and
preventing it from pollution.

Second: Protection of nature and public health from dangerous activities and harmful
works to human and environment.

Third: Maintaining and developing the natural resources, and rationing their utilization.

Fourth: Making the environmental policy a part of general planning of the development in
all respects (humanity, industrial, agricultural, urban, tourism fields and others).

Fifth: Raising the level of environmental awareness, and establishing individual and
community responsibility to environmental protection and improvement and encouraging
the voluntary efforts in this field.
 1- Law Regulating Mineral investment Number (91) of (1988)

It is Not allowed to allocate the following lands for mineral investment:

1- The area which includes a sacred site, public cemetery or is located less than five
hundred meters of it, only upon approval of related authorities for that site. Every
religious place or building supervised by a recognized religious body shall be considered a
sacred site.

2- The area which contains a historical site, or located within less than five hundred
meters of it, only upon approval of the competent authorities.

3- Lands of Agricultural projects, forests, dam and reservoir sites, tunnels and main
streams connected to them

4- Land dedicated or maintained for the following:

a. Railway with a distance less than five hundred meters from each side.
b. Main road with a distance less than one thousand meters from each side.
c. Bridges with a distance less than one thousand five hundred meters from them
 1- Law Regulating mineral investment Number (91) of (1988)

It is Not allowed to allocate the following lands for mineral investment:

5. Land which belongs to military authorities or which has special military importance

6. Oil and gas fields and lands far from oil pipelines, oil products and gas, by less than five
hundred meters

7. Factories sites, departments, socialist sector, mixed and private sectors

8. Land which is far from electric transmission lines by less than one thousand meters
 Instructions no. (1) of (2011) Noise Reduction in Kurdistan
Region-Iraq

The national determinants of the region: the maximum acceptable level-

exposing citizens hearing to unacceptable noise.

The unacceptable noise: the undesirable sound which disturbs mind and mood
or raises nerves and exceeds 85 decibel on daytime and 70 decibel nighttime.

Decibel: logarithmic measurement to measure the sound pressure level and to

what extent the normal human can withstand noises.

Standard level: the constant (continuous) noise allowed at the working site is 85
decibel.

The Change Rate: when noise exceeds the standard level, the exposure time to
the employee should be decreased.
 Instructions no. (1) of (2011) Noise Reduction in Kurdistan
Region-Iraq
Noise at the working environment is included within occupational safety
subject, so it has to:

1. Classify the professions in governmental institutions, mixed and private

sectors, according to exposure degree of the employees to acoustic pollution,
taking into consideration their rights due to the exposure to this type of
pollution.

2. Preventing employees of all sectors from exposure to noises exceeding the

levels stipulated in table (2) attached to this instructions.

3. All institutions (factories, workshops, etc), should supply ear protections,

conduct regular ear checks to the employees exposing to unacceptable levels of
noises.

4. The maximum exposure to noises for residents of surrounding areas for all
projects is: 60 decibel on daytime and 55 decibel on nighttime.
Instructions no. (1) of (2011) Noise Reduction in Kurdistan
Region-Iraq
Instructions no. (1) of (2011) Noise Reduction in Kurdistan Region-Iraq
Instructions no. (1) of (2011) Noise Reduction in Kurdistan Region-Iraq
Instructions no. 2 of 2011, protection of atmosphere from common and dangerous air pollutions
(Ambient Air Quality Protection from dangerous and common air pollutants
 Instructions no. 2 of 2011, protection of atmosphere from common and dangerous air pollutions
(Ambient Air Quality Protection from dangerous and common air pollutants

The parties, cause air pollution from their activities,

are committed to the following:

First: submission of environmental impact statement before

commencing its establishment, including the procedures to
for ambient air quality protection.

Second: providing methods and systems for air pollution

treatment, confirming its efficiency, fixing the defects when
they occur and to inform the Body about that.

Third: the mentioned parties must have measuring devices

and monitor the main air pollutant, supply the Body with
results of measurements, and in case it was not provided, it
should be inspected at consultant offices and laboratories
adopted by the Ministry.

Fourth: setting a database in terms of air protection and to

sustain it.
Instructions no. 2 of 2011, protection of atmosphere from common and dangerous air pollutions
(Ambient Air Quality Protection from dangerous and common air pollutants
Instructions no. 2 of 2011, protection of atmosphere from common and dangerous air pollutions (Ambient Air
Quality Protection from dangerous and common air pollutants
Instructions no. 2 of 2011, protection of atmosphere from common and dangerous air pollutions (Ambient Air
Quality Protection from dangerous and common air pollutants
Instructions no. 2 of 2011, protection of atmosphere from common and dangerous air pollutions (Ambient Air
Quality Protection from dangerous and common air pollutants
Instructions no. 2 of 2011, protection of atmosphere from common and dangerous air pollutions (Ambient Air
Quality Protection from dangerous and common air pollutants
Instructions no. 2 of 2011, protection of atmosphere from common and dangerous air pollutions (Ambient Air
Quality Protection from dangerous and common air pollutants
 Act of Forests in Kurdistan Region of Iraq,
number 10 of 2012

This law aims to:

First: maintain stability, natural balance, manage and organize forests and increase
the areas.

Second: improve the environment; reduce impact of climate changes and

maintain the environmental diversity.

Third: provide of some raw materials required by industry.

Fourth: encourage agricultural investment in the field of forests.

Fifth: maintain the natural varieties of plants and keep their genetic origin in
Kurdistan.

Sixth: provide tourism areas.

 Act of Forests in Kurdistan Region of Iraq, number 10
of 2012

Without violation to any more severe punishment prescribed by law:

First: will be punished by jail for a period not less than six months, and penalty charges not
less than Five Million Dinars everyone who:

1. Cut or burnt aged and unique forest trees, strip off the peel or distortion in any
manner.
2. Caused intentionally to set on fire or burn forests, reserves, forest lands, preventive
areas and pastures.
3. Cultivates or utilizes forest lands and burned reserves.

Second: will be punished by jail for a period not less than three months, and not more than
one year, and penalty charges not less than Five Million Dinars, anyone who made coal
without permission of the Ministry.
 Act of Forests in Kurdistan Region of Iraq, number 10
of 2012
Without violation to any more severe punishment prescribed by law:

Third: will be punished by jail for a period not exceeding three months, and penalty
charges not less than Five Hundred Thousand Dinars everyone who:

1. Causes a mistake or violation to regulations of this act or the instructions issued in

regards with set on fire in a public or private forest.

2. Violates regulations of article 18 of this act, and he will be required to move

materials which he threw on his own charge.

3. Establish a dam or a barrier on a river or a stream flowing through the forest or

extension of high tension power lines.

4. Decline to offer help to extinguish fire set on the forest or reserve or he refused to
help without any excuse.
 Regulation of establishment of Natural Reserves in
Kurdistan Region of Iraq and its management

This law aims to:

1. Preserving the environmental resources represented by biodiversity and biological
diversity at the natural protected areas.
2. Preserving the plant and animal species inside and outside the natural habitats and
environmental orders.
3. Scientific studies in the field of biology and ecosystems, in addition to provision of facilities
to researchers.
4. Encouraging the environmental tourism and humanitarian activities without damaging the
natural resources.
5. Citizen awareness on the importance of preserving the natural reserves and the significant
of plant and animal genetic resources as a national heritage for the region.
6. Protecting the attractive natural views and caves from influential humanitarian activities.
7. Achieving development to the site through the sustainable use of economic resources of
the site, in a manner that does not affect the animals, plants and natural landscape of the
site.
8. Preservation of cultural, heritage and traditional knowledge of the local society related to
the site.