In the field of legislation, we have many laws that are delayed, neglected, or abandoned, whose implementation in various areas can be vital. We do not have a higher law than the Constitution; its third chapter is completely neglected. Its 44th article has been interpreted and implemented, and its 50th article, which should govern in our current situation, has been forgotten: “In the Islamic Republic, protection of the environment, in which the present and future generations must have a growing social life, is considered a public duty. Therefore, economic activities and others that result in environmental pollution or irreparable destruction are prohibited.” Does legislation alone suffice? Has Article 192 of the Five-Year Development Plan not stipulated that “all large industrial, construction, service, and infrastructure units are obliged to reduce environmental pollutants and destroyers”?

a) It is necessary for all large production, service, and construction projects to be evaluated for their environmental impacts before implementation and during the feasibility and location study phase, according to the regulations approved by the Supreme Council of Environmental Protection. Compliance with the results of these evaluations is mandatory for project executors.

So why are they diverting the Cheshmehsir Dam’s water in these days (January 2022)? Didn’t the Clean Air Act, passed in 2017, impose all these requirements on various institutions? Then why is the air in big cities like this these days?

Yes! It is natural for the legislator to always be behind their society. It is natural for inflation to slow down the process of making laws and regulations more practical. It is natural for there to be general laws for certain areas, but any incomplete, vague, or insufficient law can still be used for protection.

The law for the protection and exploitation of forests and pastures, passed in 1346, is an old law, but it provides a general framework for forest protection. However, its systematic implementation or rather circumvention prevents the protection of forest cover. The interests involved in deforestation and illegal logging, from land grabbers and wood smugglers at the top of the pyramid to coal miners in the bottom, should not be ignored. When an official document is issued in the name of an individual for forest land and a construction permit is granted and it becomes a villa, it can no longer be considered the crime of one or more individuals; various branches of the government (in a general sense, including the registration office, municipalities, and village councils) are involved. At the time this law was passed, our forests were not in a critical state; now they are.

The National Forest Law, passed in 1341, states: “All forests, pastures, natural grasslands, and forest lands are considered public property and belong to the government; even if individuals have previously occupied them and obtained ownership documents.” (Article 1). Over time, many of these lands have been taken out of public ownership and transferred to individuals as private property.

However, the most important law regarding national parks and wildlife species is the Environmental Protection and Rehabilitation Law, passed in 1353 (1974) with amendments made in 1371 (1992). According to Article 3(a) of this law, the determination of areas under the title of “National Parks-National Natural Monuments, Wildlife Sanctuaries, and Protected Areas” is the responsibility of the Supreme Council for Environmental Protection. This council is composed of the President, Ministers of Agriculture, Country, Industries, Housing and Urban Development, Jihad-e-Sazandegi, Health, Treatment and Medical Education, Head of the Planning and Budget Organization, Head of the Environmental Protection Organization, and four individuals and officials with expertise, who are appointed for a term of three years upon the recommendation of the Head of the Environmental Protection Organization and approval of the President (Article 2). According to this law, the Supreme Council for Environmental Protection has the authority to express opinions on forestry and rangel

In the near year of the thirteenth government, only one meeting of the High Council for Environmental Protection has been posted on the organization’s website. The assumption of the writer is that only one meeting of the High Council has been held. In the four years of the twelfth government, the council has only convened three times; meaning that no meetings were held in the years 1397 and 1400. Considering the volume of government development programs and, of course, looking at the decisions of the council, it seems that these meetings are not of much interest to government officials.

You might say that the number of meetings is the measure of the importance of a subject. This is a superficial point. When we see the summary of the meetings of this council, we are reminded of its powers and also of the organization of environmental protection; that on the day when the dam construction begins, the head of the organization denies it. The budget of the environmental protection organization in the past year has been two percent of the total budget of the country. (1) In the proposed bill by the government, which has recently been published in detail, the proposed budget for the environmental protection organization is predicted to be three trillion and seven hundred and thirteen billion tomans. (2) Comparing it with the predicted budget for some specific institutions (3) shows the lack of importance of the environment for the government and parliament. The president also openly considers the environment as an excuse to not allow development for the industries and economy of the country. (4) Environmental protection requires not only good laws,

Certainly, laws and regulations must be established in the field of environment to be organized. Specific and precise responsibilities must be assigned to each responsible organization for environmental affairs and the latest research results must be used for better protection of the environment. However, the best law will be useless without the rule of law and priority for the executors and supervisors. The current laws provide minimal protection, but even that minimum is not being followed.

Notes:

1- The share of the Environmental Organization from the country’s budget is two hundredths.

Irna.

“September 20th, 1401.”

2- What is the proposed budget for the country’s environmental protection agency in 1402?

Elina.

“21st of Dey month, 1401.”

3- For more information, refer to: Controversial rows.

Homeland.

“27th of Dey month, 1401.”

4- Raeesi: We should not use environmental protection as an excuse to prevent the development of industries and the economy of the country.

Selection.

, December 14th, 2022.