In the field of pollution control, the legislator emphasized the prohibition of actions harmful to environmental elements. Article (9) prohibits the discharge of materials that lead to the pollution of water sources or cause damage to them, and also obligates facilities that produce industrial wastewater to treat it in accordance with legally defined requirements and standards. This text confirms that economic activity does not grant its owner the right to harm natural resources or endanger public health.
From a penal perspective, the law has established varying penalties depending on the nature and severity of the violation. Article (18) addressed violations of the conditions of environmental licenses and approvals and imposed financial fines on violating facilities, while Article (20) tightened penalties related to the intentional pollution of water sources and distinguished between gross and non-gross pollution. This reveals a legislative trend that links the severity of the penalty to the magnitude of the risk posed to the environment.
However, liability for environmental damage does not stop at the limits of penal sanctions or financial fines; civil liability also emerges when an unlawful act results in damage to others. Here, the injured party relies on the general rules of the Jordanian Civil Code to claim compensation when the elements of civil liability—a harmful act, damage, and a causal link—are met, in accordance with the nature of the lawsuit and the provisions of the law.
The practical difficulty in lawsuits for compensation for environmental damage lies in proving the damage, identifying its source, and establishing evidence of the causal link between the polluting activity and the harmful result. This may require the use of specialized technical expertise, scientific measurements, and environmental reports to determine the scope and value of the damage and the extent to which it can be repaired.
Environmental protection in Jordanian legislation is not a responsibility that falls solely on the shoulders of regulatory authorities; it is an obligation shared by the state, facilities, and individuals. The real challenge remains in ensuring the effective application of legal provisions and developing mechanisms for oversight, proof, and compensation, so as to ensure the protection of the environment, safeguard the rights of the injured, and achieve a balance between development requirements and sustainability imperatives.
