Assignme Date:23.03.

2025
nt

Premier University
The Bangladesh Environment Conservation Act, 1995
Course Name- Legal Environment of Bangladesh
Course Code- LAW 1305
Section- A

Topic: Environment Conservation Act (1995) Practice in Bangladesh

Submitted To:
Mrs. Fahmida Saima
Lecturer, Business Administration
Submitted By:

Serial No Student ID Name Contribution

1 0222320004081034 Jasia Sultana Titly 2,3,4,5

2 0222320004081037 Ajanta Nandy 6,7,8,9

3 0222320004081015 Tasnim Tabassum Mimu 10,11,12,13

4 0222320004081024 Rajarshi Ghose 14,15,16,17

5 0222320004081023 Oaishi Chowdhury 18,19,20,21

The Bangladesh Environment Conservation Act, 1995 serves as the cornerstone of the country's
efforts to regulate and safeguard the environment. This law provides a robust framework for
addressing various environmental issues, ranging from industrial pollution to ecosystem
degradation. By establishing clear guidelines, enforcement mechanisms, and avenues for
accountability, the Act seeks to balance industrial growth with environmental protection,
ensuring sustainable development for future generations.

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2. Definition: The Bangladesh Environment Conservation Act (BECA) is a set of laws enacted
by the government of Bangladesh in 1995 to conserve the nation's environment. Its main
goals were to provide for the conservation of the environment, improvement of
environmental standards, and control and mitigation of environmental pollution. (Bangladesh
Environmental Conservation Act, 1995)
The Act gives operational definitions of terms that historically did not exist, including
ecosystem, pollution, waste, and hazardous substances. Seven areas in Bangladesh are
defined as Ecologically Critical Areas under this law. Despite the Act and its supporting laws
and policies, the environmental degradation of Bangladesh continues principally due to
population pressure.

2.A. Overriding Effect of the Bangladesh Environment Conservation Act, 1995

The overriding effect of the Act is specified in Section 2A, which was inserted through an
amendment. It states:
"Notwithstanding anything contained in any other law for the time being in force, the
provisions of this Act shall prevail."

Implications of the Overriding Effect:

a. Supremacy Over Other Laws: If any other law conflicts with the provisions of
BECA, 1995, the provisions of this Act will be followed.
b. Binding on All Authorities: Government agencies, private entities, and
individuals must comply with the Act, even if other laws suggest otherwise.
c. Environmental Protection as a Priority: No legal provision can override
environmental conservation measures prescribed under BECA, 1995.
d. Enforcement Power: Regulatory bodies, such as the Department of
Environment (DoE), can enforce environmental laws without being restricted by
conflicting legal provisions.

Here are some examples from Bangladesh where the overriding effect of the Bangladesh
Environment Conservation Act, 1995 (BECA, 1995) has been or could be applied:

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1) Illegal Hill Cutting in Chattogram

a. Scenario: In Chattogram, some developers and landowners obtain

permission from local authorities to cut hills for housing or
commercial projects.
b. Overriding Effect: Despite having local approvals, hill cutting is
prohibited under BECA, 1995 due to its environmental impact. The
Department of Environment (DoE) has fined and stopped multiple
projects in the region.

2) Wetland Encroachment in Dhaka (Hatirjheel, Ashulia, etc.)

a. Scenario: Developers and individuals legally buy land in wetland

areas like Ashulia, Keraniganj, or Hatirjheel and obtain local land
registration.
b. Overriding Effect: BECA, 1995 declares many of these areas as
Ecologically Critical Areas (ECA). Even if someone has ownership
documents, the DoE can demolish illegal structures and restore
wetlands.

3) Shipbreaking Industry in Chattogram

a. Scenario: Shipbreaking yards at Sitakunda claim they follow

international safety protocols and get clearance from local authorities.
b. Overriding Effect: If a ship is dismantled without environmental
clearance, it violates BECA, 1995. The DoE has halted operations of
several yards due to hazardous waste mismanagement.

4) Industrial Pollution in the Buriganga River

a. Scenario: Tanneries in Hazaribagh continued to dump toxic waste

into the Buriganga River, claiming they had business approvals.
b. Overriding Effect: BECA, 1995 forced the government to relocate
tanneries to Savar, demonstrating how environmental laws take
precedence over business operations.

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3. The Department of Environment (DoE)
The Department of Environment (DoE) is the key government agency responsible for
environmental protection and conservation in Bangladesh.
Role of the Department of Environment (DoE) under BECA 1995:
1) Implementation of Environmental Laws:
a. Enforces the Bangladesh Environment Conservation Act, 1995 and
related rules.
2) Environmental Clearance Certificates:
a. Issues environmental clearance certificates for industries, projects, and
businesses based on environmental impact assessments.
3) Pollution Control:
a. Monitors and controls pollution from air, water, and soil.
b. Regulates industrial waste discharge and effluents.
4) Environmental Conservation:
a. Protects and conserves the country's environment and biodiversity.
b. Promotes afforestation and conservation of ecologically critical areas
(ECA).
5) Regulatory Powers:
a. Can take legal action against individuals or organizations violating
environmental laws.
b. Has the authority to impose fines, issue notices, and shut down polluting
industries.
6) Public Awareness and Research:
a. Conducts environmental awareness campaigns.
b. Encourages sustainable development and eco-friendly practices.
7) Climate Change and Sustainable Development:
a. Works with international organizations and national agencies to address
climate change and sustainable development goals (SDGs).

The Director General (DG) of the Department of Environment leads the department and has
the power to take necessary measures for environmental protection under the Bangladesh
Environment Conservation Act, 1995.
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4. Power and function of the director general
The Bangladesh Environmental Conservation Act, 1995 established the Department of
Environment, led by a Director General. The current Director general of the (DOE) in
Bangladesh is Doctor Abdul Hamid. The Director General has the power to create rules and
take actions to protect and improve the environment.

Power and functions of the Director General:

1) Setting Environmental Rules:
a. Can make laws and regulations to protect nature.
2) Preventing and Managing Disasters:
a. Can take action to stop accidents that harm the environment and oversee
cleanups.
3) Regulating Hazardous Materials:
a. Controls how dangerous materials are stored, transported, imported, and
exported.
4) Research & Collaboration:
a. Can conduct studies on environmental issues and work with other
organizations (e.g., improving drinking water with the Bangladesh Water
Development Board).
5) Public Awareness:
a. Can use media and newspapers to educate people on pollution control.
6) Advising the Government:
a. Can we suggest banning harmful products (e.g., items made from
endangered species).
7) Enforcing Environmental Laws:
a. Can fine or shut down companies that pollute. Before closure, the company
gets a warning with time to respond. If ignored, the Director General can
cut off electricity, gas, water, and other services.
8) Law Enforcement Support:
a. You can seek help from police or government agencies to enforce rules.

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5. Ecological critical Area of the Bangladesh environment
Under the section 5 of the Bangladesh environment Conservation act 1995, the government
declare the area if it’s deemed to be in an environmental critical situation or threatened to be.
Here are given examples of ecological critical areas of Bangladesh.

1) Sundarbans (Mongla, Bagerhat, Satkhira, Khulna)

a. The world’s largest mangrove forest, home to the Royal Bengal Tiger and
rich biodiversity.
b. Threats: Industrial pollution, deforestation, shrimp farming, and oil spills.
2) Cox’s Bazar-Teknaf Sea Beach
a. The longest natural sandy sea beach in the world, critical for marine
biodiversity.
b. Threats: Uncontrolled tourism, hotel construction, plastic pollution, and
habitat destruction.
3) St. Martin’s Island (Chera Dwip)
a. The only coral island in Bangladesh, with rare marine species and coral
reefs.
b. Threats: Coral extraction, overfishing, and unregulated tourism.
4) Hakaluki Haor (Sylhet and Moulvibazar districts)
a. The largest haor (wetland ecosystem) in Bangladesh, a vital bird migration
zone.
b. Threats: Agricultural encroachment, pollution, and waterlogging.
5) Sonadia Island (Cox’s Bazar district)
a. A breeding ground for endangered sea turtles and migratory birds
b. Threats: Unplanned tourism, illegal fishing, and destruction of coastal
vegetation.
6) Borotakia-Chunati Wildlife Sanctuary (Chattogram)
a. One of the last remaining habitats for the endangered Asian elephant.
b. Threats: Deforestation, illegal settlements, and human-wildlife conflict.

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6. Restrictions Regarding Vehicles Emitting Smoke Injurious to the Environment
One of the primary contributors to air pollution, especially in urban areas, is vehicular
emissions. Vehicles emitting excessive smoke contribute to air pollution, smog, and
respiratory issues, significantly damaging human health and ecosystems.
Some key points-

1) Regulations on Emissions: Governments have implemented strict emission

standards for vehicles. In many countries, vehicles must undergo regular inspections
to ensure that their emissions do not exceed legal limits.
2) Technologies for Reduction: Vehicles are now equipped with advanced
technologies such as catalytic converters, particulate filters, and fuel-efficient
engines to reduce harmful emissions.
3) Global Initiatives: International agreements like the Paris Agreement also
emphasize reducing carbon emissions from vehicles to combat climate change.
Example:
a. Vehicle Emission Standards (Bangladesh): The Department of
Environment (DoE) in Bangladesh has introduced vehicle emission
standards similar to international guidelines, aiming to control the level of
pollutants emitted by vehicles. Diesel vehicles, which emit higher amounts
of particulate matter and nitrogen oxides, are subject to stringent checks.
The Bangladesh Road Transport Authority (BRTA) mandates regular
emissions testing for vehicles to ensure they meet the required
environmental standards.

6.A. Restrictions on Manufacture, Sale, etc., of Articles Injurious to the Environment- The
manufacture and sale of products that harm the environment have been restricted by law to
promote sustainability and reduce pollution.
Key Points:

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 1) Harmful Chemicals and Products: Many products such as non-biodegradable
plastics, pesticides, and toxic chemicals are banned or restricted due to their
harmful impact on ecosystems.
2) Packaging Regulations: Laws regulating packaging materials aim to reduce waste,
with bans or limitations on the use of plastic bags and packaging.
3) Eco-Friendly Alternatives: Governments encourage the use of biodegradable
products and environmentally friendly manufacturing processes.
Example:
a. Bangladesh was one of the first countries in the world to implement a ban
on plastic shopping bags in 2002. The move was driven by the need to
protect the country's drainage systems from blockages caused by plastic
waste, especially in urban areas. Although enforcement has been
challenging, the ban still remains a significant step in reducing single-use
plastics.

7. Remedial Measures for Injury to Ecosystem

When ecosystems are damaged due to human activities such as deforestation, pollution, and
industrial waste disposal, remedial measures are essential to restore balance.
Key Points:
1) Restoration Programs: Programs to restore damaged ecosystems include
reforestation, wetland restoration, and the reintroduction of species to their natural
habitats.
2) Pollution Control: Efforts to clean polluted air, water, and soil, such as wastewater
treatment plants, air purification systems, and waste management techniques, are
crucial to mitigating environmental damage.
3) Legislation: Environmental laws, such as the Environmental Protection Act, provide
a framework for taking remedial actions.

Example:

a. The Department of Environment (DoE) in Bangladesh has been working on

expanding air quality monitoring systems across major cities, especially in

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 Dhaka. The network includes ambient air quality monitoring stations that track
the levels of pollutants such as PM2.5, PM10, nitrogen dioxide (NO2), and
sulfur dioxide (SO2). These stations help in understanding pollution patterns
and assessing the impact of air quality improvement measures.
8. Information to the Director General Regarding Environmental Degradation or
Pollution-Environmental monitoring is essential for assessing the degree of degradation or
pollution. Governments often require organizations to report environmental violations and
degradation.
Key Points:
1) Reporting Mechanisms: Industries and organizations are required to inform the
Director General of environmental departments regarding any activities that cause
environmental degradation or pollution.
2) Public Awareness: Transparency in reporting helps raise public awareness about
environmental issues and ensures that corrective actions can be taken promptly.
3) Legal Requirements: Failure to report pollution or environmental damage can lead
to penalties or suspension of licenses.

Example:

a. The AQI is made publicly available through websites, mobile apps, and online
platforms, ensuring that citizens are aware of the current air quality levels and
can take necessary precautions (e.g., wearing masks or limiting outdoor
activities). By making this data accessible, DoE helps raise awareness and
allows people to hold authorities accountable for air quality management.

9. Discharge of Excessive Environmental Pollutants- The discharge of pollutants into air,

water, or soil beyond permissible limits is a significant environmental concern. Regulations
are put in place to control the amount of pollutants industries can release into the
environment.
Key Points:

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 1) Pollution Limits: Legislation, such as the Clean Air Act or Clean Water Act, sets
strict limits on the number of harmful substances that can be discharged into the
environment.
2) Monitoring Systems: Continuous monitoring systems are employed to track
pollutant levels and ensure compliance with the prescribed limits.
3) Penalties and Fines: Organizations that exceed pollution limits face fines, penalties,
or legal action. Some industries may even be required to invest in cleaner
technologies or offset their emissions.
Examples:
a. In 2018, several textile factories in Tongi and Narayan Ganj were fined for
violating wastewater discharge limits and were instructed to upgrade their
effluent treatment plants (ETPs) to meet the required standards. In some
cases, factory owners were also required to invest in cleaner production
technologies to reduce water and air pollution.

Bangladesh environment conversation Act 1995 is the main law to protect the environment
control pollution and ensure industries are follow environment rules. This law gives special
power to the DoE to monitor and take action if environmental laws are broken.

Here are some important powers under the act, Bangladesh Environment Conservation Act,
1995– Key Powers and Regulations in Simple Words

10. Power of Entry

The Director General (DG) of DoE or authorized officers have the power to enter any place if
they suspect environmental pollution or law violations.
What they can do:
Visit factories, businesses, or any place to check if they are following environmental laws.
Inspect machines, waste disposal systems, and pollution control measures. Take photos,
videos, or collect documents as proof. Ask for explanations from owners or managers.
1) Importance: They can Help to catch polluters who secretly harm the environment.
They can Ensure that which industries follow pollution control measures.

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 Example: A textile mill in Gazipur has been fined Tk 7.15 million by Bangladesh's
Department of Environment (DoE) for releasing untreated liquid waste in the Turag
River and a nearby water body.

11. Power to Collect Samples

DoE officers can collect samples of air, water, soil, or waste to check if pollution levels are
safe or harmful.
How it works:
They take samples from factories, rivers, drains, or other places. These samples are sent to a
laboratory for testing. If the test results show pollution is above the legal limit, the industry
can be fined or shut down.
1) Importance: It proves whether pollution is happening or not. Help take legal action
against industries polluting the environment.
Example: CHITTAGONG, Aug 10: Department of Environment (DoE) fined a steel
factory amounting to Tk 1, 02,275 for polluting air through emitting black smoke in
the Bayezid Bostami. Director said, they conducted a drive at the steel manufacturing
factory of 'Benz Industries Limited' and found that black smoke was emitting from
the factory in the Bayezid Bostami area.

12. Environmental Clearance

Before starting a new factory, business, or project, companies must get Environmental
Clearance from the Department of Environment (DoE).
Who needs this:
All businesses and industries, but the level of clearance depends on how much pollution they
can cause.
There are four Categories of Industries,
1) Least harmful (e.g., small shops, printing press).
2) Moderately harmful (e.g., food processing).
3) More harmful (e.g., chemical factories).
4) Most harmful (e.g., large-scale textile, cement, steel industries).

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 How to get Environmental Clearance: Get approval from DoE before starting the project.
Follow pollution control guidelines.
1) Importance: It ensures industries do not harm the environment before starting
operations. Help monitor industries based on their pollution risk.
2) A brick kiln owner in Narayananj started production without environmental clearance
He burns plastic and wood and creates thick black smoke that causes breathing
problem for nearby villagers

13. Formulation and Environmental Guidelines

The government can create rules and guidelines to protect the environment and reduce
pollution.
What kind of guidelines:
1) Air pollution control – Rules on how much smoke factories can release.
2) Water pollution control – Rules for wastewater treatment before releasing it into
rivers.
3) Waste management – How industries should dispose of hazardous waste.
4) Forest and wildlife protection – Rules to stop illegal deforestation and hunting.

Importance: It helps industries to understand what they can and cannot do. It helps to
protect natural resources, rivers, air, and public health.
Example: The Department of Environment enforces emission standards for factories vehicles
and industries. The ban on two stroke auto rikshaws in Dhaka 2003 significantly reduce air
pollution.
Final Thoughts, by following these laws, we can reduce pollution and protect nature for
future generations.

14. Appeal:
1) Any individual who is not satisfied with a notice, order, or direction issued under this
Act has 30 days left until the date of issuance to appeal to the Appellate Authority
the authority’s decision is final and shall not be called in question in any court.

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 Subject to the requirement that the Authority may extend the appeal filing period by
up to 30 days if there is a valid reason for the delay.
Examples:
1) In 2018, a factory located in Gazipur issued a notice by DOE for excessive
pollution, but the factory owner claimed the notice was incorrect so within 30
days it was appealed to the Appellate Authority and they reviewed the case
and revised the penalty.
2) A brick kiln in Savar was fined by DOE in 2019 for operating without proper
environmental clearance but for medical emergency the owner was unable to
appeal within 30 days, so they requested for an extension with medical
records and after reviewing Appellate Authority granted additional 30 days to
file the appeal.
2) The Appellate Authority may have one or more members. If the authority has more
than one member than government shall appoint one member as Chairman.
Example:
1) A shipbreaking company in Chattogram was punished for illegitimate
disposal of hazardous waste and the appeal was heard by a panel of 3
members.
2) In 2022, the Appellate Authority reviewed a factory waste disposal violation
in Narayanganj which had three members, and the Ministry of Environment
appointed a DoE official as Chairman.
3) Filed under this section, an appeal shall be disposed of within 3 months from the
date of submission.
Example: In 2020, a textile factory in Narayanganj objected to a closure order due to
water pollution. The Appellate Authority ruled within 3 months, reducing the penalty
while requiring full compliance.

15. Penalties:
1) For violating a provision or engaging in the activities mentioned below, a penalty may
be imposed against them:

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1) Non-compliance with a direction under Section 4(2) or 4(3): at most 10 years in
prison or a fine up to ten lakh or both.
Example: In Gazipur a textile factory was ordered by the DoE to install an
Effluent Treatment Plant (ETP) to stop water pollution but ignoring the order
they continued dumping wastewater into nearby rivers and for this reason the
factory was fined, and legal action was taken.
2) Violation of subsection (2) of Section 5, prohibited activities under subsection (1):
Up to 10 years of imprisonment or a fine up to taka ten lakh or both.
Example: Inspite of being an ecologically critical area (ECA), numerous hotels
and resorts were built in the Cox’s Bazar Marine Drive area. These
constructions caused deforestation and pollution. The DoE took action by
imposing fines.
3) Violation of Section 6(1): For first offence a fine at most taka five thousand, for
second offence a fine up to taka ten thousand and for further offences no more
than 1 year in prison or a fine at most taka ten thousand or both.
Example: For burning plastic waste openly, a plastic factory in Old Dhaka was
fined Tk 5,000 for the first violation by DoE. Yet the factory continued the
practice so for the second offence the factory was fined Tk.10,000. After
repeated violations, the authorities took stern action, sentencing the owner to
one year in prison.
4) Violation of a direction under 6A: If manufactured, imported, or marketed, a fine
up to 10 lac or in prison at most 10 years. If sold, exhibited, stocked, distributed,
transported, imprisonment for up to 6 months or fine up to Tk. 10,000 or both.
Example: A cosmetics company in Dhaka was ordered to stop making mercury-
based skin whitening cream for its harmful effects but the company continued
producing and importing the banned product, so the authorities raided the
factory and imposed a fine.
5) Noncompliance under section 7(1): imprisonment at most 10 years or fine up to
Tk. 10 lac or both.

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 Example: In 2020, the DoE took legal action against individuals and companies
involved in illegal hill cutting in Chattogram. The offenders were charged and
faced fines and imprisonment for their actions.
6) Violation of section 9(1) or (2) or failure to take remedial measures under 9(3): In
prison for up to 10 years or fine up to10 lac taka. Unless a lower penalty is set by
rules for violating Section 9(1), that penalty applies.
Example: A shipbreaking yard in Chattogram failed to safely remove hazardous
waste, from old ships. The authorities found this and enforced a heavy fine.
7) Not cooperating with General or a person assigned by him of Section 10(2): Up to
3 years of imprisonment or a fine of up to 3 lac taka or both.
Example: While inspecting a polluting textile factory, the factory owner
refused to let Department of Environment officials enter the place. The owner
also hid key documents. As a result, legal action was taken for not cooperating.
8) Violation of section 12: Up to 3 years of imprisonment or a fine of up to 3 lac taka
or both.
Example: In residential areas of Dhaka and Sylhet, the DoE received
complaints about excessive noise from factories and event venues, in the year
2020. The noise levels exceeded the permissible limits, so the DoE
imposed fines on the factories and event organizers.
9) Violation of other provision or direction or obstructing director general or
delaying duties of this Act: Up to 3 years of imprisonment or a fine of at most 3-
lac taka or both.
Example: A chemical factory in Narayanganj was found illegally dumping
toxic waste into a nearby canal but when government inspectors arrived for an
inspection, the factory workers deliberately delayed the inspection by giving
excuses. After additional inspection the authorities imposed a heavy fine.
2) Based on the other provisions in this section specific offences and the penalties for
such offences may be specified in the rules. Nonetheless, the penalty charged shall not
exceed no more than a fine of ten thousand taka or. two years of imprisonment.
Example: A restaurant in Dhaka was caught dumping its kitchen filth into a public
drain, Since the specific offense was not covered under major sections but fell under

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 other provisions, so the authorities fined the owner Tk. 10,000. If the violation
continued, the owner could have faced up to two years in prison under the rule.
15.A. Forfeiture of Materials and machinery (Section 15A):
If any individual is found guilty of violating under section 15, the court can order the
confiscation of any equipment, vehicles, transport or substance used in the offense.
Example: In 2019, illegal brick kilns in Savar were found operating without proper
environmental clearance. The court ordered the forfeiture of the kilns' equipment and
vehicles used for transporting bricks because they were contributing to air pollution.
15.B. Claim for Compensation (Section 15A):
If any individual, group or public suffers harm due to a violation of this Act, the Director
General may file a lawsuit for claiming compensation for the affected individuals ,groups
or the public.
Example: In 2020, a factory in Narayanganj discharged untreated chemical waste into a
river that was harmful for local farmers and fishermen. The Director General filed a
compensation claim on behalf of the affected community.

16. Offences Committed by Companies

If a company engages in activities that violate any provision of this Act or fails to comply
with an official order, the individuals responsible for running the company—such as the
owner, director, manager or any other official—will be held personally accountable. If they
can prove that they weren't aware of the violation or had taken reasonable steps to prevent
it, they may not be liable for this.
Example:
A garment factory disposes of chemical waste into a nearby river, leading to severe water
pollution and health issues for local residents. If the factory’s management fails to follow
environmental safety protocols, they can be brought to trial under this law. But only if a
manager can prove that they have taken pollution control measures and the violation
happened due to an unexpected incident, they might avoid liability.

17. Awareness of Offence and Claim for Compensation

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 A court can only take legal action against an environmental violation or accept a
compensation claim under this Act if a written complaint is submitted by an authorized
official from the DoE. Provided that a citizen or group affected by environmental damage
reports an issue and does not receive any response from the authorities within 60 days, they
can approach the court directly. The court, after giving the Department of Environment an
opportunity to explain the delay, may decide to proceed with the case.
Example:
A group of villagers living near a cement factory experience severe dust pollution which
affects their health. They repeatedly report the issue to the Department of Environment, but
for over two months no action is taken. So now they may seek compensation by directly
approaching the court for legal action against the factory.

18. Protection for Actions Taken in Good Faith

If government officials take actions in good faith to enforce environmental laws, they cannot
be sued or punished, even if their actions inadvertently cause harm. However, if officials
abuse their power or act negligently, they are not protected under this law.
Example from Bangladesh:
In 2020, the Department of Environment (DoE) fined multiple factories in Gazipur for
violating environmental regulations by discharging untreated waste into nearby rivers. Some
factory owners claimed they were unfairly targeted, but the DoE defended its actions, stating
that inspections were done in good faith based on pollution reports. Since the officials acted
within their legal authority, they were protected from legal consequences.

19. Delegation of Authority

The government has the power to delegate its authority under this Act to the Director General
of the Department of Environment or other officials. The Director General can also assign
responsibilities to field officers to ensure effective enforcement of environmental regulations.
Example from Bangladesh:
To improve environmental enforcement, the Bangladesh government gave additional powers
to divisional offices of the Department of Environment. These regional offices were

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 authorized to issue fines, shut down polluting factories, and inspect industrial areas without
needing approval from Dhaka. This decentralization has made it easier to take action against
polluters in districts like Narayanganj, Chattogram, and Khulna.

20. Authority to Formulate Rules

To ensure the effective implementation of environmental laws, the government can create
rules covering issues such as air and water quality standards, industrial pollution limits, waste
management, and environmental impact assessments. The government can also introduce
fees for obtaining environmental clearance certificates.
Example from Bangladesh:
In 2021, Bangladesh introduced new environmental clearance regulations requiring all
industries to obtain Environmental Clearance Certificates (ECCs) before starting operations.
For example, new textile factories in Narayanganj must now submit an environmental impact
assessment and install wastewater treatment plants before receiving approval. This regulation
helps reduce industrial pollution and ensures better environmental management.

21. Repealing and saving

1) Environment Pollution Control Ordinance, 1977 is no longer valid as a new law, the
Bangladesh Environment Conservation Act, 1995, replaces it.
Example from Bangladesh:
Before 1995, brick kilns in Bangladesh were regulated under the 1977 Ordinance.
2) Though the old law is gone, anything that was done under it will still be considered
valid under the new law.
Example from Bangladesh:
Brick kiln received legal approval under the 1977 Ordinance in Bangladesh, that
approval is still valid under the 1995 Act.
3) The Department of Environment (DoE) will now be considered as if it was created
under the new law. The people working, like the Director General and other
employees, will also continue in their jobs as if they were appointed under the new
law.
Example from Bangladesh:

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 The DoE was responsible for monitoring environmental pollution under the 1977
Ordinance. After 1995, it continued doing the same work, but under the new law.
Instead of being removed, officers who were working before continued
under the new system.

In conclusion, the Bangladesh Environment Conservation Act, 1995 is a critical tool in the
country's environmental protection arsenal. Through its comprehensive provisions, it not only
holds industries and individuals accountable for environmental harm but also empowers
government authorities to enforce regulations effectively. As Bangladesh continues to
industrialize, ensuring that environmental laws are upheld will be key to preserving the
country’s ecosystems, improving public health, and securing a cleaner, greener future for all.

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