Guarding our environment

[abduarif]

With the rapid growth of industrialisation and urbanisation, our environment is on the brink of destruction due to serious pollution in the air, water and soil. The Bangladesh Environment Conservation Act, 1995 was enacted to provide for conservation of the environment, improvement of environmental standards, and control and mitigation of environmental pollution. The Environment Conservation Rules, 1997 which was made under the Act, provides the modalities of implementation of the law.

What is conservation of environment?

According to the law, the word “environment” means the inter-relationship existing between water, air, soil and physical property and their relationship with human beings, other animals, plants and micro-organisms. And, “conservation of environment” means improvement of the qualitative and quantitative characteristics of different components of environment as well as prevention of degradation of those components.

Department of Environment (DoE)

The government, for carrying out the purposes of this Act, established a department to be called the department of environment (DoE) which is headed by a director general (DG). The powers and functions of the DG is very extensive. The DG may take such measures as he considers necessary and expedient for the conservation of the environment, and improvement of environmental standards, and for the control and mitigation of environmental pollution. He may also issue necessary directions in writing to any person for the discharge of his duties under this Act.

Declaration of ecologically critical area

If the government is satisfied that an area is in an environmentally critical situation or is threatened to be in such situation, the government may declare such area as an ecologically critical area and specify the activities or processes that cannot be initiated or continued in an ecologically critical area.

The government shall take the following factors into consideration while declaring any area as ecologically critical area: (a) human habitat (b) ancient monument (c) archeological site (d) forest sanctuary (e) national park (f) game reserve (g) wild animals habitat (h) wetland (i) mangrove (j) forest area (k) bio-diversity of the relevant area and (l) other relevant factors.

Restrictions regarding vehicles emitting smoke injurious to environment

 A vehicle emitting smoke or gas injurious to health or environment shall not be operated nor shall such vehicles be switched on except for the purpose of test-operation for stopping the emission of such smoke or gas.

The owner of a vehicle using petrol, diesel and gas as fuel shall, before registration of the vehicle or renewal of its fitness certificate under the Motor Vehicles Ordinance, 1983 ensure that a catalytic converter or a diesel particulate filter is fitted in the vehicle. If a vehicle is not fitted with the apparatus mentioned above, the vehicle shall be deemed to be a vehicle emitting smoke harmful to the environment or injurious to health.

To implement the law, the DG or any person authorised by him may test any vehicle at any place or may stop a vehicle in motion for testing, and instantly test it or detain it for necessary period or may, if any vehicle violates this provision, seize it and other related documents, or may give necessary direction for testing the vehicle.

Restrictions on manufacture, sale of anything injurious to the environment

If the government is satisfied that all or any kind of polythene shopping bag, or any other article made of polyethylene or polypropylene, or any other article is injurious to the environment, the government may issue a direction imposing absolute ban on the manufacture, import, marketing, sale, demonstration for sale, stock, distribution, commercial carriage or commercial use, or allow the operation or management of such activities under conditions specified in the notification, and every person shall be bound to comply with such direction.

Discharge of excessive environmental pollutant

According to the law, where, due to an accident or other unforeseen incident, the discharge of any environmental pollutant occurs or is likely to occur in excess of the limit prescribed by the rules, the person responsible and the person in charge of the place of occurrence shall take measures to control or mitigate the environmental pollution.

Moreover, the expenses incurred with respect to remedial measures to control and mitigate the environmental pollution under this provision shall be payable to the DG and may be realised from the persons responsible for the pollution as public demand.

Environment clearance certificate

No industrial unit or project shall be established or undertaken without obtaining an environmental clearance certificate from the DG.

For the purpose of issuance of environmental clearance certificate, the industrial units and projects, in consideration of their site and impact on the environment, are classified into the following four categories: Green (very low risk), Orange - A (low risk), Orange – B (medium risk) and Red (high risk). For all red category industrial units, an environmental impact assessment (EIA) report has to be submitted to get the environment clearance certificate. The period of validity of an environmental clearance certificate shall be, in case of green category, three years from the date of its issuance and in other cases one year.

Offences and punishments

Violation of a provision of the law or for non-compliance of a direction of the DG of DoE or a person authorised by him in discharging his duties or intentionally delaying the discharge of such duty result in serious consequences. For example, if any person violates the provision of the Act by continuing activities or processes, or by initiating activities or processes, prohibited under the law in an area declared as an ecologically critical area shall be punished with imprisonment not exceeding 10 years or fine not exceeding Tk1,000,000 or both.

Offences committed by companies

If a company violates any provision of this Act or fails to perform its duties in accordance with a notice issued under this Act, the owner, director, manager, secretary or any other officer or agent of the company, shall be deemed to have violated such provision or have failed to perform the duties in accordance with the notice. However, if any such person proves that the violation or failure was beyond his knowledge or that he exercised due diligence to prevent such violation or failure, shall not be liable for the violation.

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