1995

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Environment Conservation Act, 1995

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The Environment Conservation Act, 1995 is the primary environmental legislation in Bangladesh, establishing the legal framework for environmental protection, pollution control, and conservation of natural resources. It applies to all persons and activities within Bangladesh that may have an adverse effect on the environment. The Act created the Department of Environment and empowered it to enforce environmental standards, issue environmental clearance certificates for development projects, and take legal action against polluters. Its key mechanisms include a prohibition on the manufacture or sale of environmentally hazardous products, the requirement for Environmental Impact Assessments (EIAs) for certain projects, and the designation of Ecologically Critical Areas (ECAs) requiring special protection. The Act creates criminal liability for environmental violations, punishable by imprisonment for up to ten years and fines. Notable provisions include Section 4 which empowers the Director General of the Department of Environment to issue ‘closure orders’ against any industrial unit or process that is causing environmental degradation without prior judicial approval — a uniquely strong enforcement tool. The Act has been amended several times, including the Environment Conservation (Amendment) Act, 2010 which strengthened pollution control measures. It remains in force and is the cornerstone of Bangladesh’s environmental regulatory regime.

Full text · showing key sections

§ 1Short Title and Commencement

(1)This Act shall be called the Bangladesh Environment Conservation Act, 1995.

(2)The Government shall, by notification in the official Gazette, determine the date on which this Act shall come into force, and it may be brought into force on different dates in different areas.

§ 2Definitions

Unless there is anything repugnant in the subject or context, in this Act,-
(a) "Directorate" means the Environment Directorate established under section 3;
(aa) "Reservoir" means land identified as river, canal, beel, haor, baor, dighi, pond, spring or water body in government land records, or any wetland, flood flow area, land holding surface water and rainwater declared by the government, local government or any government agency by notification in the official Gazette;
(aaa) "Hazardous Waste" means any waste that, by virtue of its physical or chemical properties or upon contact with any other waste or substance, is capable of causing toxicity, infection, combustion, explosion, radioactivity, corrosion or any other harmful reaction to the environment;
(b) "Pollution" means contamination of air, water or soil or change in their physical, chemical or biological properties, or emission of liquid, gaseous, solid, radioactive or any other substance into air, water, soil or any other component of the environment, which is harmful, detrimental or destructive to public health, air, water, soil, cattle, wildlife, birds, fish, plants or all other forms of life, and to domestic work, commerce, industry, agriculture, entertainment or other practical uses;
(c) "Occupier" means, in relation to a factory or premises, a person having control over its affairs, and in relation to any substance, a person having rights over it;
(d) "Environment" means water, air, soil and physical resources and the interrelationship existing among them, and with human beings, other animals, plants and microorganisms;
(e) "Environmental polluter" means any solid, liquid or gaseous substance that may be harmful to or assist in causing harm to the environment, including heat, sound and radiation;
(f) "Environmental conservation" means improvement of qualitative and quantitative values of different components of the environment and prevention of degradation of such values;
(ff) "Hills and mounds" means naturally formed land rising from the surrounding flat surface;

§ 2ASupremacy of the Act

Notwithstanding anything to the contrary contained in any other law for the time being in force, this Act, rules and directives issued under this Act shall have effect.

§ 3Environment Directorate

(1)For the purpose of this Act, the Government shall establish a Directorate to be called the Environment Directorate, the chief of which shall be a Director General.

(2)The Director General shall be appointed by the Government and his terms and conditions of service shall be determined by the Government.

(3)Such number of officers and staff as may be necessary for the proper performance of the functions of the Directorate shall be appointed in such manner and on such terms and conditions as may be prescribed by rules.

§ 4Powers and Functions of Director General

(1)Subject to the provisions of this Act, the Director General may take all such measures as he considers necessary and expedient for the purpose of environmental conservation, improvement of environmental quality, and control and mitigation of environmental pollution, and may give any written directive to any person for the purpose of discharging his responsibilities under this Act.

(2)Without prejudice to the generality of the foregoing powers, the Director General may, in particular, take all or any of the following actions, namely:-
(a) coordinating the activities of any authority or organization connected with the objectives of this Act;
(b) preventing potential accidents that may cause environmental degradation and pollution, taking safe measures and determining remedial measures for such accidents and giving directives in this regard;
(c) advising or directing concerned persons on environmentally sound use, storage, transport, import and export of hazardous substances or their components;
(d) researching and studying information relating to environmental conservation, development and pollution, and assisting any other authority or organization in such work;
(e) testing any place, premises, plant, machinery, product or other process, material or substance for the purpose of environmental development and control and mitigation of pollution, and directing the appropriate authority or person for prevention, control and mitigation of environmental pollution;
(f) collecting, publishing and disseminating information relating to environmental pollution;
(g) advising the Government to avoid those production processes, goods and materials which may cause environmental pollution;
(h) conducting drinking water quality monitoring programmes, preparing reports, and advising or, as the case may be, directing all concerned persons to comply with drinking water quality standards;

(3)Directives given under this section may also relate to closing, prohibiting or controlling any industrial factory, enterprise or process, and all persons shall be bound to comply with such directives:

Provided that, if the Director General is satisfied that no individual, firm or organization is likely to suffer substantial loss due to such closure, prohibition or control, he may, by order in writing, direct the person or organization concerned to take such measures as he considers necessary.

§ 4AAssistance from Law Enforcement and Other Authorities

(1)For the purpose of exercising any power or performing any function under this Act, the Director General or any person authorized by him in this behalf may request any law enforcement agency or any other Government or statutory authority to render such assistance as may be necessary, and upon such request, the said agency or authority shall render such assistance.

(2)Where an order for closure, prohibition or control of any industrial factory, enterprise or process has been issued by the Director General under sub-section (3) of section 4 and the owner or occupier thereof fails to comply with such order, the Director General may direct the concerned utility provider or service supplier to disconnect or stop such supply of electricity, gas, telephone or water or any other service to the said industrial factory, enterprise or process.

(3)Where any direction is issued under sub-section (2), notwithstanding anything contained in any contract or other document to the contrary, the person or institution mentioned in the said direction shall take necessary steps accordingly.

§ 5Declaration of Ecologically Critical Area

(1)If the Government is satisfied that the ecosystem of any area has become critical or is likely to become critical due to environmental degradation, the Government may, by notification in the official Gazette, declare such area as an Ecologically Critical Area and take necessary measures immediately for recovery from such critical situation.

(2)Every notification issued under sub-section (1) shall contain a description of the boundaries and map of the concerned area, and all such maps and descriptions shall be displayed in the concerned area and shall be considered as documentary description of that area.

(3)After declaring any area as an ecologically critical area, the Government shall adopt a management plan for the concerned area.

(4)The Government shall, in the notification mentioned in sub-section (1), specify which harmful activities or processes shall not be continued or initiated in the area declared as ecologically critical.

§ 6Restriction on Vehicles Causing Environmental Harm

(1)No vehicle emitting smoke or gas injurious to health or harmful to the environment shall be driven, or otherwise operated, except for the purpose of testing to stop such emission.

Explanation- In this sub-section, "smoke or gas injurious to health or harmful to the environment" means smoke or any gas exceeding the standard limit prescribed by rules.

(2)For the purpose of sub-section (1), the Director General or any person authorized by him may test any vehicle at any place, or if it is in motion, may stop it for immediate testing, may detain it for such period as may be necessary for such testing, or may seize the vehicle contravening the said sub-section and the related documents, or may give necessary directives regarding its testing.

(3)Where any vehicle is tested immediately under sub-section (2), the report of such test shall be admissible as evidence in court.

(4)The driver or, as the case may be, the owner or both of the vehicle concerned shall be liable for contravention of the provisions of sub-section (1) or the directives issued under sub-section (2).

§ 6ARestriction on Production, Sale etc. of Environmentally Harmful Items

If the Government, on the advice of the Director General or otherwise, is satisfied that all or any type of polythene shopping bags, or any other articles made of polyethylene or polypropylene, or any other articles are harmful to the environment, the Government may, by notification in the official Gazette, issue directives to completely stop or to conduct such activities subject to conditions specified in the notification, the production, import, marketing, sale, display for sale, stocking, distribution, transport for commercial purpose or use for commercial purpose of such articles throughout the country or in any specific area, and all concerned persons shall be bound to comply with such directives:

Provided thatsuch directives shall not apply in the following cases, namely:-
(a) where the articles mentioned in the notification are exported or used for export purposes;
(b) where the notification mentions that the directive shall not apply to any specific polythene shopping bags.

Explanation- In this section, "polythene shopping bag" means any bag, container or other carrier made of polyethylene, polypropylene or any compound or mixture thereof, which can be used for buying and selling of articles or for keeping or carrying anything.

§ 6BRestriction on Hill Cutting

No person or institution shall cut and/or raze hills and mounds owned, occupied or privately owned by Government, semi-Government or autonomous institutions:

Provided that, for essential national interests, hills or mounds may be cut or razed upon obtaining a license from the Directorate.

§ 6CRestriction on Hazardous Waste etc.

For prevention of environmental harm, the Government may, subject to the provisions of other laws, regulate by rules the production, processing, storage, stockpiling, labelling, supply, transport, import, export, disposal, dumping etc. of hazardous waste.

§ 6DRestriction on Pollution from Ship Breaking

Every owner, importer and yard user of ships shall ensure that no environmental pollution or health risk is created through any hazardous waste as a result of cutting or breaking of ships.

§ 6ERestriction on Reservoirs

Notwithstanding anything to the contrary contained in any other law for the time being in force, no area identified as a reservoir shall be filled or reclassified in any other manner:

Provided that, for essential national interests, the restriction relating to reservoirs may be relaxed upon obtaining a license from the Directorate.

§ 7Action for Environmental Damage

(1)If it appears to the Director General that any person's act or omission is directly or indirectly causing or has caused damage to the ecosystem or any person or community, he may, after determining the amount of damage, direct payment of compensation and, where appropriate, adoption of corrective measures or both, and the concerned person shall be bound to comply with such direction.

(2)If the person directed under sub-section (1) fails to pay compensation, the Director General may institute a suit for compensation in a court of competent jurisdiction or a criminal case for failure to comply with the said direction or both.

(3)For the purpose of determining compensation or adopting corrective measures under sub-section (1), the Director General may, in appropriate cases, assign responsibility to any expert and other persons.

(4)The Government may direct the Director General to take any action under this section and to submit a report thereof.

§ 8Notification to Director General regarding Pollution or Degradation

(1)Any person affected or apprehending damage due to environmental pollution or environmental degradation shall inform the Director General by application in the manner prescribed by rules for remedy of the damage or apprehended damage.

(2)For disposal of any application under this section, the Director General may take any measure including public hearing.

§ 9Excessive Environmental Pollutants etc.

(1)In any case where excessive environmental pollutants beyond the limit prescribed by rules are emitted or there is apprehension of such emission due to any act, event, activity or accident, the person responsible for such emission and the occupier of the place of emission or the concerned institution shall be bound to control or mitigate the environmental pollution caused thereby.

(2)The person mentioned in sub-section (1) shall immediately inform the Director General of the occurrence of the event or the apprehension of occurrence of such event.

(3)Upon receiving information of any event or accident under this section, the Director General or any officer authorized by him shall, as soon as practicable, direct the person or institution responsible under sub-section (1) or any other person or institution to take necessary remedial measures for controlling or mitigating the environmental pollution, and the directed person or persons or institution shall be bound to comply with the directives of the Director General.

(4)The expenses incurred for taking remedial measures for control and mitigation of environmental pollution under this section shall be recoverable from the person mentioned in sub-section (1) as a public demand.

(5)Where the waste or pollutants emitted as a result of any activity under sub-section (1) are found, upon immediate testing by the Director General or any person authorized by him, to exceed the prescribed standard, the report of such test shall be admissible as evidence in court.

§ 10Power of Entry etc.

(1)Subject to the provisions of this section, any person generally or specially authorized by the Director General shall be entitled to enter any building or place at all reasonable times, with such assistance as he considers necessary, for the following purposes, namely:-
(a) performing his duties assigned under this Act or rules;
(b) inspecting any work at any building or place pursuant to any notice, order or directive given under this Act or rules;
(c) examining and verifying any equipment, industrial plant, record, register, document or any other important thing connected therewith;
(d) conducting search at any building or place where the person has reasonable ground to believe that an offence has been committed by contravening any notice, order or directive given under this Act or rules;
(e) seizing any equipment, industrial plant, record, register, document or any other thing which may be used as evidence of an offence punishable under this Act or rules.

(2)Any person operating any industrial activity or process or using any hazardous substance shall be bound to render all assistance to the person authorized under this Act for discharging his responsibilities.

(3)In all matters of search and seizure under this section, the provisions of the Code of Criminal Procedure, 1898 (Act V of 1898) shall be followed.

§ 11Power of Sample Collection etc.

(1)Any officer authorized by the Director General for this purpose may take samples of air, water, soil or any other substance from any factory, premises or place for analysis, in the manner prescribed by rules.

(2)Subject to the provisions of sub-section (3) or, as the case may be, sub-section (4), the report of the sample collector or the laboratory or both regarding the samples taken under this section shall be admissible as evidence in the concerned proceedings.

(3)Subject to the provisions of sub-section (4), the officer collecting samples under sub-section (1)-
(a) shall give notice to the occupier or agent of the place of his intention to collect such sample in the manner prescribed by rules;
(b) shall collect the sample in the presence of the occupier or agent;
(c) shall place the sample in a container and seal it with his signature and the signature of the occupier or agent;
(d) shall prepare a report of the collected sample, sign it himself and obtain the signature of the occupier or agent;
(e) shall send the container immediately to the laboratory determined by the Director General.

(4)In cases where samples are collected under sub-section (1) and the collecting officer gives notice under clause (a) of sub-section (3), if the occupier or agent is intentionally absent at the time of sample collection, or if present, refuses to sign the sample and report, the collector shall, in the presence of two witnesses, sign and seal the same himself and note the absence of the occupier or agent or, as the case may be, the refusal to sign, and shall send it immediately for analysis to the laboratory determined by the Director General.

§ 12Environmental Clearance

(1)No industrial institution shall be established or project undertaken in any area without obtaining environmental clearance from the Director General in the manner prescribed by rules.

(2)In case of industrial institutions established or projects undertaken before the commencement of this Act, environmental clearance shall be obtained immediately after the Bangladesh Environment Conservation (Amendment) Act, 2010 comes into force.

(3)Environmental clearance shall be obtained in the manner prescribed by rules in case of expansion of any industrial institution or project.

(4)The rules relating to environmental clearance shall, inter alia, contain detailed provisions regarding environmental impact assessment report, preparation of environmental management plan, public verification, public right to information, composition and procedure of the licensing committee, minimum mandatory conditions of the license, appeal etc.

(5)The Directorate shall, by the 31st day of March of each year, update the list of industrial institutions and projects for granting environmental clearance from the list of the previous year, determine the minimum qualifications and responsibilities of concerned persons or organizations for preparing environmental impact assessment reports or environmental management plans of different types of industrial institutions and projects, and prepare, approve and update the relevant list.

§ 13Formulation of Environmental Guidelines

The Government may, from time to time, formulate and issue environmental guidelines by notification in the official Gazette regarding control and mitigation of environmental pollution and environmental conservation and development.

§ 14Appeal

(1)If any person is aggrieved by any notice, order or directive given under this Act or rules, he may, within thirty days of the giving of such notice, order or directive, appeal against it to the Appellate Authority constituted by the Government, and the decision of the said Authority on the appeal shall be final, and no suit shall lie in court against such decision:

Provided thatif the Appellate Authority is satisfied that the aggrieved person was prevented from filing the appeal within the said period due to unavoidable circumstances, the Authority may extend the time for filing the appeal by a further period not exceeding thirty days.

(2)The Appellate Authority constituted under sub-section (1) may be constituted with one or more members:

Provided thatwhere the Appellate Authority is constituted with more than one member, the Government shall appoint one of its members as the Chairman of the Authority.

(3)The appeal filed under this section shall be disposed of within three months from the date of filing the appeal.

§ 15Penalties

Whoever contravenes any of the provisions mentioned in the table below or disobeys the directive mentioned therein or commits any other act shall be punished with the punishment mentioned against it:
Table
Serial No. | Description of Offence | Punishment
1. | Non-compliance with directives given under sub-section (2) or (3) of section 4 | First offence: imprisonment for a term not less than 1 (one) year and not exceeding 2 (two) years, or fine not less than 50 (fifty) thousand taka and not exceeding 2 (two) lakh taka, or both; Subsequent offences: imprisonment not less than 2 (two) years and not exceeding 10 (ten) years, or fine not less than 2 (two) lakh taka and not exceeding 10 (ten) lakh taka, or both.
2. | Continuation or initiation of prohibited activities or processes in the area declared as ecologically critical area under sub-section (1) of section 5, in contravention of sub-section (4) | First offence: imprisonment not exceeding 2 (two) years, or fine not exceeding 2 (two) lakh taka, or both; Subsequent offences: imprisonment not less than 2 (two) years and not exceeding 10 (ten) years, or fine not less than 2 (two) lakh taka and not exceeding 10 (ten) lakh taka, or both.
3. | Contravention of sub-section (1) of section 6 | First offence: fine not exceeding 5 (five) thousand taka; Second offence: fine not exceeding 10 (ten) thousand taka; Subsequent offences: imprisonment not exceeding 1 (one) year or fine not exceeding 20 (twenty) thousand taka, or both.
4. | Contravention of directives given under section 6Ka regarding- (a) production, import, marketing: First offence: imprisonment not exceeding 2 (two) years, or fine not exceeding 2 (two) lakh taka, or both; Subsequent offences: imprisonment not less than 2 (two) years and not exceeding 10 (ten) years, or fine not less than 2 (two) lakh taka and not exceeding 10 (ten) lakh taka, or both. (b) sale, display for sale, stocking, distribution, transport for commercial purpose or use for commercial purpose: imprisonment not exceeding 1 (one) year or fine not exceeding 50 (fifty) thousand taka, or both.
5. | Contravention of provisions of section 6Kha | First offence: imprisonment not exceeding 2 (two) years, or fine not exceeding 2 (two) lakh taka, or both; Subsequent offences: imprisonment not less than 2 (two) years and not exceeding 10 (ten) years, or fine not less than 2 (two) lakh taka and not exceeding 10 (ten) lakh taka, or both.

§ 15AClaim for Compensation

If any person, group or community suffers damage due to contravention of this Act or rules made thereunder or directives given under section 7, the Director General may file a suit on behalf of the said person, group or the damaged community for compensation.

§ 15BConfiscation of Offence-related Items

Where any person is convicted and punished for any offence described in section 15, the court may also order confiscation or destruction of the instrument or part thereof, vehicle or offence-related goods or any other thing used in committing such offence.

§ 16Offence by Companies

(1)Where any person committing a contravention of any provision of this Act or failing to discharge responsibility or comply with notice, order or directive under this Act or rules is a company or association or body, the owner, partner, copyright holder, chairman, managing director, director, general manager, manager, secretary or any other officer or employee or agent directly concerned shall be deemed to have committed the contravention or to have failed to discharge responsibility or comply with the notice, order or directive, unless he proves that the contravention or, as the case may be, the failure took place without his knowledge or that he exercised all due diligence to prevent such contravention or failure.

(2)Where the company mentioned in sub-section (1) is a body corporate, in addition to prosecuting and convicting the person mentioned in that sub-section, the company may be separately prosecuted and convicted in the same proceedings, but in criminal proceedings only a fine may be imposed on it in accordance with the relevant provisions.

(3)Where the person committing a contravention of any provision of this Act or failing to discharge responsibility or comply with notice, order or directive under this Act or rules is a department of the Government or a Government agency or institution or local government body or autonomous body, the chairman, managing director, director, general manager, manager, secretary or any other officer or employee or agent of the said department or Government agency or institution or local government body or autonomous body shall be deemed to have committed the contravention or to have failed to discharge responsibility or comply with the notice, order or directive, unless he proves that the contravention or, as the case may be, the failure took place without his knowledge or that he exercised all due diligence to prevent such contravention or failure.

§ 17Suit for Compensation

If any person, group or community suffers damage due to contravention of this Act or rules made thereunder, the Director General may file a suit on behalf of the said person, group or the damaged community in the Environment Tribunal.

§ 18Protection of Acts Done in Good Faith

No suit or criminal case or any other legal proceedings shall lie against the Government, the Director General, any officer or employee of the Directorate or any person for any act done in good faith under this Act or rules, if any person suffers or is apprehended to suffer damage as a result thereof.

§ 19Delegation of Powers

(1)The Government may delegate any of its powers under this Act or rules to the Director General or any other officer.

(2)The Director General may delegate any of his powers under this Act or rules to any officer of the Directorate.

§ 20Power to Frame Rules

(1)The Government may, for the purpose of this Act, frame rules by notification in the official Gazette.

(2)Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a) determination of standards of air, water, noise and soil and other components of the environment for different areas for different purposes:

Provided thatthe Government may, by notification in the official Gazette, temporarily suspend, singly or collectively, the application of such standards for industries or projects existing at the time of enactment of this Act for a specified period;
(b) regulation of establishment of industrial factories and other development activities for the protection of environment;
(c) determination of safe methods of use, storage and transport of hazardous substances;
(d) formulation of safe methods and remedial activities for prevention of accidents which may cause environmental pollution;
(e) determination of standards of waste discharge and emission;
(f) methods of assessment, review and approval of environmental impact of various projects and activities;
(g) methods of protecting the environment and ecosystem;
(h) methods of granting environmental licenses, right to information and determination of fees for other services;
(i) preparation of list of hazardous waste and provisions for regulation of production, storage, stockpiling, labelling, supply, transport, import, export, disposal, dumping etc. of hazardous waste;
(j) determination of location of industrial institutions or projects in different areas and rules and restrictions relating to environmental management;
(k) management methods of ecologically critical areas;
(l) establishment of environment laboratories, functions of laboratories, methods of supply of samples to laboratories, forms of publication of research results, methods of publication, determination of fees for obtaining results and any other matter for conducting research work;
(m) methods of conducting public hearings.

§ 21Repeal and Savings

(1)The Environmental Pollution Control Ordinance, 1977 (Ordinance XIII of 1977) is hereby repealed.

(2)Notwithstanding such repeal, any action taken or measure adopted under the repealed Ordinance shall be deemed to have been taken or adopted under the provisions of this Act, notwithstanding anything contained in this Act.

(3)The Environment Directorate existing immediately before the commencement of this Act shall be deemed to be the Directorate established under section 3, and the Director General and other officers and employees working in the said Directorate shall be deemed to be the Director General, officers and employees appointed under this Act.