Major features of the Environmental

Conservation Act:
Assistance from law enforcing agencies
Polluters pay principle
Formulation of environmental
guidelines
Claim for compensation by affected
people
Penalties for violation of project
approval conditions
Offences committed by proponents and
action against proponents
Cognizance of offences and claim for
compensation
Power to make rules



the Environmental Conservation Rules (1997)
Declaration of ECA
Complaints by community to DG against
non- compliance of project approval
conditions
Power to collect samples
ECC procedures with specified time
limit
Screening of both public and private
projects
Review of EISs
No objection certificate from Local
Government
Appeal by proponents against order or
directions from DOE
Determination of environmental
standards
Fees for Environmental Clearance
Certificate process

Weak points...
Absence of International commitment in the Act:
In the Act, there is no mention of countrys obligation under International law regarding
ratification of many international instruments on Environment conservation.
The Smoking and Tobacco Products (control) Act, 2005 in where there is a specific mention of an
international convention in which Bangladesh is a party that is Framework Convention on Tobacco
Control (FCTC).
No constitutional obligation referred in the Act
In the Act there is also no mention about states obligation to conserve the environment as
extended meaning of right to life is right to safe and healthy environment
[BELAv.Bangladesh&Others,7MLR(HC)(2002)157].
In the Wildlife(conservationandsafety)Act,2012 , there is a specific mention about states
obligation under Article 18A of the Constitution, about conservation and safety of wildlife of
Bangladesh.
Frequent use of Non-Obstante Clause
Non-obstante clause is very common in our contemporary legislation. There are many laws which
deal with conservation of environment. There are many conflicting provisions among them. Lack
of common vision is absent in our present legal set up regarding conservation of environment.
Frequent use of such clause will vitiate the object of all laws.

Dept. of Environment:
Lack of inquisitorial role
The whole functions of this institution is acquisatorial not inquisatoral
Lack of Independence
There is no specific provisions about appointment, tenure, remuneration and retirement or
removal of all of the above are important for the independence of this institution.
No scale of qualification
No particular conditions or prerequisites to be affirmed before appointment of DG, Officers and
Employees
Violation of rule of law
This Act conferred unlimited and unfettered powers of the DG. Conferment of such unlimited and
unfettered powers to such Government authority or executive authority is violation of the first
principle of rule of law.
Declaration of ECA
Pre-requirement of Govt.s satisfaction
No standard measurement
Allowing pollution
No certain time for taking measure
the states shall apply every precautionary approach to protect environment
(Principle 15 of Rio Declaration, 1992)
National interest???
Military infrastructure in CHT region is an evidence of hill destruction
In M.Farooquev.Bangladesh(49 DLR (AD) 1997, p.1: the legality of an experimental structural
project of the huge Flood Action Plan (FAP 20) in Bangladesh was questioned on this point of
national interest.
For so called inevitable national interest, restriction on wetland may be relaxed!!!!
Compensation for environmental damage
How it will be determined???
Information to DG......
Only affected or likely to be affected person can inform the DG.
Ignorance of proper knowledge and environment consciousness.
Public hearing
No obligation of taking public hearing and no mention of impact of public hearing.
Principle 10 of Rio Declaration, 1992:
Participation of concerned people
Opportunity of every individual in making decision
Lack of operational guideline
Various operational rules for effective implementation of the Policy and Act would require
complementary and detailed operational rules, many of which have not yet been formulated.
No specification of time to serve notice
A notice is to be given to the industry prior under Section 11(3) to entry but does not specify a
minimum period of notice.
No clarification of continued non-compliance
The issue of frequency of fine to be imposed in case of continued non-compliance is not clear
from ECA95 & ECR97.
Limiting the discretionary power of Judges (Under Section-15)
Determination of maximum limit of fine.
Environment Clearance Certificate (ECC)
It is yet unclear what happens if DOE is unable to meet the timetable to granting the clearance
certificate.
The Regulation do not specify the documentation required for renewal of the ECC.
No objection certificate of the local authority (Under Rule-7)
No guideline to follow
No procedure for public participation and hearing system
Environment Impact Assessment
Inadequate to ensure environment sustainability at the project level let alone promote
environmental considerations at the strategic level.
Institutional capacity
Public participation
No specific guideline for non-industrial project (to review & conduct assessment)
No suggestion of alternatives (absence of Strategic Environmental Assessment
[SEA])
Environmental Quality Standard ( EQS)
The discharge standards fixed in the ECR97 for industries are less stringent compare to the
developed countries.
Sugar {Rule 13 schedule 12 no.(B)}
Textile {Rule 13 schedule 12 no.(B)}
The Environmental Quality Standards (EQS) have been fixed with a view to promote & encourage
industrialization.

Recommendations.......
Removal of ambiguities & lacunas in legal provisions.
Identification of functional & operational overlaping in laws & institutions.
Bottom up investigations to ascertain the success & failure of the laws.
Provisions for accountability of MoEF & DoE.
No concern about natural disasters.
Reflections of customs & traditions in the legislation.
Necessary amendment and/or enactment of laws, both substantive and procedural, to be made
in phases either on sectoral or environmental issue basis. Legal improvement and capability of
institutions involved in various sectors to be strengthened with detailed rules, sanctions and
accountability.
The principle of sustainable development require legal recognition.
Peoples participation in environmental decision making and managing common or public
properties must be ensured and protected by law.
Mobile Court can be delegated some powers to implement the conservation of environment
relating laws.
Environmental education for all.