Department of

Department of Environmental Science

State University of Bangladesh

Masters in Environmental Science

Program
ES 520: Environmental Policy and
Planning
Lecture 2:
Environmental Laws and Policy in
Bangladesh
Lecture Outline: Bangladesh
Context
 The Environmental Laws in Bangladesh:
 The Environment Conservation Act, 1995 (Amendment
Act-2010)
 The Environment Conservation Rules, 1997
 Declaring an Ecologically Critical Area (under Section-5
of ECA and Rule-3)
 Environmental Clearance
 The Environment Policy, 1992
 The Environment Action Plans: Bangladesh
What is Meant by
“Environment”?
Generally Environment means our surroundings, which
comprises of land, water and air and other bodies.

“Environment" means the inter-relationship between

water, air, soil and physical property and their
relationship with human beings, other animals, plants
and micro-organisms; [Ref: Clause (d). ECA, 1995]
Environmental Laws: British Regime

Main strategy of the British laws were to expedite optimum

economic return from resources:
References:
 The Bengal Irrigation Act 1876,
 The private fisheries protection Act 1889,
 Forest Act 1927

Other laws:
 The smoke nuisance Act 1905,
 The juvenile smoking Act 1919,
 the Fatal Accidents Act 1855,
 The Public Parks Act 1904,
 Coalmine Labour Welfare Act 1947
Environmental Laws: Pakistan
Regime
Major Environmental Laws:
 The Protection and Preservation of Fish Act 1950
 The Embankment and Drainage Act 1959
 The Pure Food Ordinance 1959
 The Government Fisheries Ordinance 1959
 The Private Forest Ordinance 1959
 The Agricultural Pesticides Ordinance 1971

Development of Environmental Law was not satisfactory

because of:
 Political instability,
 Lack of environmental concern locally and globally,
 Lack of Government initiatives.
Environmental Laws: Bangladesh
Period
Environmental Laws in Bangladesh mainly focused on the
protection of the environment, ecology and ecosystem.
Major Environmental Instruments in Bangladesh:
 The Wildlife Preservation Order, 1973
 Environnent Pollution Control Ordonnance, 1977
 Bangladesh Environment Conservation Act (ECA), 1995
(Amendment Act-2010)
 Environment Conservation Rules, 1997
 Bangladesh Environment Court Act, 2000

Environmental laws in Bangladesh are based on the guiding

principles stated in the “Bangladesh Environmental Policy
1992”
The Environment Policy, 1992
(Bangladesh)
The Environmental policy of Bangladesh is formulated based on a
set of guiding principles of two UN conferences:
 1972 conference on the Human Environment in Stockholm
 1992 ‘Earth Summit’ held in Rio De Janeiro

The Environment Policy, 1992 recognizes a set of

concerns/issues:
1) Coordinated Vigilance and Necessary Action Program (in
addressing the Global and Regional environmental
pollution)
2) Adapting Integrated Environment Policy (by setting
priorities)
3) Sustainable use of Natural Resources (through mass
Objectives of the Environment
Policy: BD
Six Key Objectives:
1. To maintain ecological balance and overall development
through protection and improvement of the environment
2. To protect the country against natural disasters
3. To identify and regulate activities which pollute and
degrade the environment
4. To ensure environmentally sound development in all
sectors
5. To ensure sustainable, long-term and environmentally
sound use of national resources
6. To actively remain associated with all the international
environmental initiatives to the maximum possible
Priority Sectors in Environment Policy,
1992
The Environment Policy Considered the 15 different
sectors:
1. Agriculture
2. Industry
3. Health and sanitation
4. Energy and fuel
5. Water development, flood control and irrigation
6. Land
7. Forest, wildlife and biodiversity
8. Fisheries and livestock
9. Food
10. Coastal and marine environment
11. Transport and communication
12. Housing and urbanization
13. Population
14. Education and public awareness
15. Science, technology and research
Legal and Institutional Frameworks
Proposed in the Environment Policy,
1992
Legal framework proposed:
 Amend all laws to meet the present day needs
 Frame new laws in all sectors necessary to control pollution and
degradation
 Ensure implementation of laws and create public awareness
 Ratify all concerned international laws/conventions/protocols and
modify existing national laws in line with ratified international laws
Institutional Arrangements
considered:
 Ministry of Environment and Forest (MoEF) to coordinate the policy
implementation
 A National Environment Committee chaired by Head of Government
to give overall direction
 MoEF will perform timely amendments on the backdrop of changing
state of environment and socio-economic an other needs of the
country
Environment Conservation Act (ECA),
1995
 The Environment Conservation Act (ECA) of 1995 was
enacted for fulfilling three major objectives:
1) conservation of environment;
2) improvement of environmental standards; and
3) the control and mitigation of environmental pollution.

 The Act was formulated on the basis of the Environment

Policy of 1992 and the National Environment Management
Action Plan (NEMAP) of 1995.

 As to supplement the objectives of the ECA, 1995, Bangladesh

adopted the Environment Conservation Rules (ECR) in 1997
in accordance with Section 20 of the ECA, 1995.
Basic Features of the Environment
Conservation Act:

Basic features:
 First to address the environment in a comprehensive
way
 Establishment of the Department of Environment (DoE)
 Environmental Clearance Certificate
 Power to make Rules
 Legal Action
 Good faith clause
 Providing substantive and procedural provisions
 Declaration of ecologically critical area.
DoE: History

I. 1973: started with 27 DPHE staffs (water pollution

control)
II. 1977:16-member Environment Pollution Control Board
and 26- member Environment Pollution Control
Cell.
III. 1985: Department of Environment Pollution Control
(DEPC)
IV. 1989: Restructured and renamed as Department of
Environment (DoE).

V. Got its legal basis directed by Section-3 of ECA 1995

DoE: Organizational Structure
Director General (DG)

Additional DG

Director: Director:
Administration, Planning and Technical
Development

4 Units: 5 Unit:
Headed by Deputy Director Headed by Deputy
Director
Divisional Offices
Power and Functions: DG

 Take necessary action for conservation of environment,

improvement of environmental standards, control and
mitigation of environmental pollution. Measures include:

 Co-ordinate with activities of other relevant

organizations
 Remedial actions for probable accidents
 Advice to persons/companies
 Inquiry and research
 Search and examination
 Publication of information
 Advising the govt.
 Maintaining quality of drinking water
Continuation…

 Direction to industry (under section 4 of ECA)

 Test of any vehicles (under section 6(1) of ECA)
 Restriction on using Polythelene (Rule 6A or ECR)
 Give directions to persons who cause degradation of the
ecosystem (under section 7 of ECA)
 Issuance of Environment Clearance Certificate prior to
setting up of industries (under section 12 of ECA)
 Issue of pollution control certificate (section 4(1) of ECA
and Rule 7A of ECR)
 Filing suit for compensation for violation of provisions
and Rules of ECA
 Delegation of power
Declaring an Ecologically Critical Area
(under Section-5 of ECA and Rule-3)

The following factors to be taken into consideration:

 Human habitat
 Ancient monument
 Archeological site
 Forest sanctuary
 National Park
 Game Reserve
 Wild animals habitat
 Wetland
 Mangrove
 Forest area
 Biodiversity of the relevant area etc.
Decelerated Ecologically Critical
Area:
SL Name of the ECA District Area (Ha) Dec. Year
1. Strip of 10 km. outside the Khulna, 762, 034 1999
Sundarbans Reserved Forest Bagerhat,
Satkhira
2. Sea Front of Cox’s Bazar and Cox’s Bazar 10465 1999
Teknaf
3. St Martin’s Island Cox’s Bazar 590 1999
4. Sonadia Island Cox’s Bazar 4916 1999
5. Hakaluki Haor Moulvibazar 18383 1999
6. Tanguar Haor Sunamganj 9727 1999
7. Marjat Baor (Oxbow Lake) Jhenaidah 200 1999
8. Gulshan-Baridhara Lake Dhaka City 20 2001
9. Buriganga River Dhaka City - 2009
10. Sitalakhaya River Dhaka City - 2009
11. Turag River Dhaka City 2009
12. Balu River Dhaka City 2009
Ecologically Critical Area: 4
Rivers
MoEF made Restriction on:
o hunting,
o Fishing
o all activities that could result
in the destruction of floral or
faunal habitats,
o activities that could destroy
natural characteristics of
water and soil
o activities detrimental to
fishery
o installation of polluting
industrial units, and
o discharge of domestic/
industrial liquid waste.
Offences and penalties

Violations of orders or directions of the DG, MoEF:

 Prohibited actions under section 5 (Ecologically critical

areas)
 Offences related to vehicles
 Substances injurious to the environment
 Injury to the ecosystem
 Discharge of excessive environmental pollutant
 Assistance to the Authorized person
 Environmental Clearance Certificate
 Violation of any other provisions of ECA 1995
Punishment: imprisonment (upto10 years) and fines
(upto10 lakh Taka) or both
Environmental Clearance
 Environment clearance refers to a permission of the Director
General, Department of Environment (DoE) to start up a new
industrial unit or project, or extension of the industrial unit. This
has to be taken by the respective implementing agency under the
Section- 12 of the Environment Conservation (Amendment) Act,
2010.
Classification/Category
 Green
 Orange-A Location clearance
 Orange-B required
 Red

 Need to apply to the respective Divisional Administrator of the DoE

in prescribed form (Form-3 as per Rule-7 of ECR, 1997) with
appropriate fees and necessary documents,
 May appeal, if rejected
 Must renew the clearance certificate after a certain period
Categories of Industrial Units:
Examples
 Green Category:
Examples:
Television/radio assembling, book-binding, tea packing, sports goods,
laundry without washing
 Orange-A Category:
Examples:
dairy, poultry, saw mill, printing press, restaurant, cinema hall, dry
cleaning
 Orange- B Category:
Examples:
glass factory, edible oil, jute mill, coal tar, hotel, multi-storied
apartment, brick field, Ice cream factory
 Red Category:
Examples:
Textile, tannery, fertilizer factory, power plants, chemical dyes, cement,
refinery, paper & pulp, sugar etc.
General Process of Gaining
Environmental Clearance
Application to DOE o General information
o Description of raw
materials and finished
Obtaining Site products
Clearance o An NoC

Applying for
Environmental Clearance
May require layout plan,
effluent disposal system etc.
Obtaining Environmental
Clearance

Renew at least 30 days Category Duration of

before of validity period
ECC
Green 3 years
Figure-1: General process for gaining ECC. Orange to Red 1 Year
“Green” Category

1. General
information on the
Industrial Unit or Issuance of
Application to
Project; ECC within 15
DoE
2. Description of Raw days
materials and
finished products;
3. No objection
Certificate from
local authority
“Orange A” Category
1. All information
required for Green
category.
2. Process flow
diagram. Issuance of
Application to
3. Layout plan Site Clearance
DoE
showing location of within 30 days
ETP.
4. Effluent discharge
arrangement.
5. Relocation and
Rehabilitation plan
(if any)

Issuance of
ECC within 30 Apply for ECC
days
“Orange B” Category

IEE = Initial Environmental Examination

EMP = Environment Management Plan
“Red” Category
 Feasibility study report (for
new only)
 IEE Report including ToR for
EIA or EIA Report (approved
by DoE) Issuance of
Application to  Process Flow Diagram, Site
DoE Clearance
Layout Plan with location of
ETP, Design and Time within 30
days
schedule of ETP
 EMP Report including details
of ETP and its effectiveness Submit EIA
 Plan to mitigate emergency and ETP
environmental hazards, NoC, Design for
Relocation and Approval
Rehabilitation plan
Design
Issuance of
Apply for Approval
ECC within 60
ECC within 60
days
days
The Environment Action Plans: Banglade

1. The Environment Action Plan (NAP), 1992

2 National Environment Management Action Plan

(NEMAP), 1995

Figure: Proposed Institutional

Arrangement for
Implementation of NEMAP
Contract:
Shankor Paul
E-mail: [email protected]
Cell: 01712009028;
FB ID & LinkedIn: Shankor Paul; Skype:
Shankor_Paul