[法] 孟加拉国环境保护法 (1995)

The Bangladesh Environment Conservation Act, 1995

Act No. 1 of 1995

CONTENTS

1.  Short title and commencement

2.  Definitions

2A. Overriding effect of the Act

3.  Department of Environment

4.  Power and functions of the Director General

4A.    Assistance from law enforcing agencies and other authorities

5.  Declaration of ecologically critical area

6.  Restrictions regarding vehicles emitting smoke injurious to environment

6A.    Restrictions on manufacture, sale etc. of articles injurious to environment

7.  Remedial measures for injury to ecosystem

8.  Information to the Director General regarding environmental degradation or pollution

9.  Discharge of excessive environmental pollutant etc.

10. Power of entry etc.

11. Power to collect samples etc.

12. Environmental clearance

13. Formulation of environmental guidelines

14. Appeal

15. Penalties

15A.  Confiscation of materials and equipments involved in offence

15A.  Claim for compensation

16. Offences committed by companies

17. Cognizance of offence and claim for compensation

18. Action taken in good faith

19. Delegation of Power

20. Power to make rules

21. Repeal and saving

Un-official English Version

The Bangladesh Environment Conservation Act, 1995

Act No. 1 of 1995

[Bangla text of the Act was published in the Bangladesh Gazette, extra-ordinary issue of 16-2-1995 and amended by Act Nos 12 of 2000 and 9 of 2002.]

An  Act  to  provide  for  conservation  of  the  environment,  improvement  of environmental   standards   and   control   and   mitigation   of   environmental pollution.

Whereas it is necessary and expedient to provide for conservation of the environment,  improvement  of  the  environmental  standards,  and  control  and mitigation of environmental pollution;

It is hereby enacted as follows:

1.         Short  title  and  commencement.-  (1)  This  Act  may  be  called  the

Bangladesh Environment Conservation Act, 1995.

(2)       It shall come into force on such date as the Government may, by notification in the Official Gazette, 1specify and it shall be brought into force in different areas on different dates.

2.         Definitions.- In this Act, unless there is anything contrary in the subject or context-

"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; [Ref: Clause (f).]

"Department" means the Department of Environment established under section 3 of this Act; [Ref: Clause (a).]

"Director General" means  Director  General  of  the  Department; [Ref: Clause (m).]

"ecosystem" means the inter-dependent and balanced complex association of all components of the environment which can support and influence the conservation and growth of all living organisms; [Ref: Clause (g).]

"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; [Ref: Clause (d).]

"environment pollutant" means any solid, liquid or gaseous substance which causes harmful effect to the environment and also includes heat, sound and radiation; [Ref: Clause (e).]

"hazardous  substance"  means  a  substance,  the  chemical  or  biochemical properties  of  which  are  such  that  its  manufacture,  storage,  discharge  or unregulated transportation can be harmful to the environment; [Ref: Clause (j).]

"occupier", in relation to any factory or premises, means a person who has control over the affairs of the factory or the premises, and in relation to a product, means the person in possession of the product; [Ref: Clause (c).]

"person" means a person or group of persons, and includes any company, association or corporation, whether incorporated or not; [Ref: Clause (h).]

"pollution" means the contamination or alteration of the physical, chemical or  biological properties of  air,  water or  soil, including change in  their temperature, taste, odor, density, or any other characteristics, or such other activity which, by way of discharging any liquid, gaseous, solid, radioactive or  other  substances  into  air,  water  or  soil  or  any  component  of  the environment, destroys or  causes  injury  or  harm  to  public  health  or  to domestic, commercial, industrial, agricultural, recreational or other useful activity, or which by such discharge destroys or causes injury or harm to air, water, soil, livestock, wild animal, bird, fish, plant or other forms of life; [Ref: Clause (b).]

"rule" means rule made under this Act; [Ref: Clause (k).]

"use",  in  relation  to  any  material,  means  manufacturing,  processing, treatment,   package,   storage,   transportation,   collection,   destruction, conversion, offering for sale, transfer or similar activity relating to such material; [Ref: Clause (i).]

"waste"  means  any  solid,  liquid,  gaseous,  radioactive  substance,  the discharge, disposal and dumping of which may cause harmful change to the environment; [Ref: Clause (l).]

2A.      Overriding effect of the Act.- Notwithstanding anything contained to the contrary in any other law for the time being in force, the provisions of this Act, rules and directions issued under this Act shall have effect.

3.         Department of Environment.- (1) The Government shall, for carrying out the purposes of this Act, establish a Department to be called the Department of Environment and headed by a Director General.

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

(3)       For  proper  performance  of  the  functions  of  the  Department, necessary officers and employees shall be appointed in the manner and on the terms and conditions prescribed by rules.

4.         Power  and  functions  of  the  Director  General.-  (1)  Subject  to  the provisions of this Act, the Director General 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, and he may issue necessary directions in writing to any person for the discharge of his duties under this Act.

(2)       In  particular  and  without  prejudice  to  the  generality  of  the foregoing power, such measures may include all or any of the following :-

(a)        co-ordination with the activities of any authority or agency having relevance to the objectives of this Act;

(b)       prevention   of   probable   accidents   which   may   cause environmental   degradation   and   pollution,   undertaking safety measures and determination of remedial measures for  such  accidents  and  issuance  of  directions  relating thereto;

(c)        giving advice or, as the case may be, issuing directions to the concerned person regarding the environmentally sound use,   storage,   transportation,  import   and   export   of   a hazardous substance or its components.

(d)       conducting   inquiries    and    undertaking   research   on conservation,                       improvement        and   pollution    of    the environment and rendering assistance to any other authority or organization regarding those matters;

(e)        searching    any    place,    examining    any    equipment, manufacturing or other processes, ingredients, or substance for the purpose of improvement of the environment, and control  and  mitigation  of  pollution;  and  issuance  of direction or order to the appropriate authority or person for the  prevention,  control  and  mitigation  of  environmental pollution;

(f)        collection    and    publication    of     information    about environmental pollution;

(g)       advising  the  Government  to  avoid  such  manufacturing processes,  commodities  and  substances  as  are  likely  to cause environmental pollution;

(h)       carrying  out  programs  for  observation  of  the  quality  of drinking  water  and  preparation  of  reports  thereon,  and rendering advice or, as the case may be, issuing direction to the concerned persons to follow standards for drinking water.

(3)       A direction issued under this section may include matters relating to closure, prohibition or regulation of any industry, undertakings or processes, and the concerned person shall be bound to comply with such direction:

1[Provided that-

(a)        the  Director  General  shall,  before  issuing  a  direction  of closure or prohibition of an industry, undertaking or process, send to the owner or occupier thereof a written notice so that he  gets  reasonable  opportunity  to  make  that  industry, undertaking or process environmentally sound; and

(b)       where the Director General considers it appropriate, he may also specify in the notice that actions under sub-section (2) of  section  4A  may  be  taken  if,  pursuant to  the  notice, measures  are  not  taken  to  make  the  relevant  activities environmentally sound:]

Provided  further  that,  if  the  Director  General  considers  that,  due  to  a particular environmental pollution, the public life is likely to be in danger and that urgent action is necessary, he may immediately issue necessary directions.

(4)       A time limit may be specified by the Director General for carrying out a direction issued under this section.

2[4A.    Assistance from law enforcing agencies and other authorities.- (1) The Director General or a person authorized by him may, for the purpose of exercising any power or performing any function under this Act, request any law enforcing agency,  or  any  other  Government  or  statutory  authority  to  render  necessary assistance,  and  upon  such  request  that  agency  or  authority  shall  render  the assistance.

(2)       Where   the   Director  General   issues   a   direction  for   closure, prohibition or regulation of an industry, undertaking or process under section 4(3) and the owner or occupier thereof does not comply with the direction, the Director General may direct the provider of electricity, gas, telephone or water or all such services or any other service provided to the industry, undertaking or process to disconnect the service.

(3)       Where a direction is issued under sub-section (2), the concerned person or institution shall be bound to take necessary action as specified in the direction.]

5.         Declaration  of  ecologically  critical  area.-  (1)  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, by notification in the official 1Gazette, declare such area as an ecologically critical area.

(2)       The Government shall, in  the  notification published under sub- section (1) or in a separate notification, specify the activities or processes that cannot be initiated or continued in an ecologically critical area.

2[6.      Restrictions    regarding    vehicles    emitting    smoke    injurious    to environment.-  (1)  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.

Explanation.- In this section “smoke or gas injurious to health or environment”

means any smoke or gas which exceeds the standards fixed by rules.

(2)       For the purposes of sub-section (1), the Director General or any person authorized 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 that sub-section, seize it and other related documents, or may give necessary direction for testing the vehicle.

(3)       A report of the test under sub-section (2) shall be admissible as evidence in the proceedings of a court.

(4)       For the violation of sub-section (1) or a direction given under sub- section (2), the driver or, as the case may be, the owner or both shall be liable.]

3[6A.    Restrictions   on   manufacture,   sale   etc.   of   articles   injurious   to environment.-  If,  on  the  advice  of  the  Director  General  or  otherwise,  the Government is satisfied that all kinds 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, by notification in the official Gazette, issue a 4direction 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 :

Provided that such direction shall not be applicable to the following cases:-

(a)        if the article specified in the notification is exported or used for export;

(b)       if the direction mentions that it is not applicable to any particular kind of polythene shopping bag.

Explanation.- In this section “polythene shopping bag” means a bag, thonga or other container which is made of polyethylene or poly propylene or any compound or mixture thereof and is used for purchasing, selling, keeping or carrying another article.]

1[7.      Remedial measures for injury to ecosystem.- (1) If it appears to the Director General that any act or omission of a person is causing or has caused, directly or indirectly, injury to the ecosystem or to a person or group of persons, the Director General may determine the compensation and direct the firstly mentioned person to pay it  and in an appropriate case also  direct him to  take corrective measures, or may direct the person to take both the measures; and that person shall be bound to comply with the direction.

(2)       If a person, to whom a direction under sub-section (1) has been issued, fails to comply with the direction, the Director General may file a suit for compensation in the competent court or file a criminal case for failure to comply with the direction or file both kinds of cases.

(3)       For the purposes of determination of compensation or corrective measures under sub-section (1), the Director General may engage any specialist and other persons.

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

8.         Information   to   the    Director   General   regarding   environmental degradation or pollution.- (1) Any person affected or likely to be affected as a result of pollution or degradation of the environment may, in the manner prescribed by rules, apply to the Director General for remedy of the damage or apprehended damage.

(2)       The Director General may hold a public hearing and take other measures for disposing of an application made under this section.

9.         Discharge of excessive environmental pollutant etc.- (1) 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.

(2)       The persons referred to in sub-section (1) shall immediately inform the Director General of the occurrence or the likelihood of such occurrence as mentioned in that sub-section.

(3)       On receipt of information under this section with respect to the accident  or  other  incident,  the  Director  General  shall  take  necessary  remedial measures to control or mitigate the environmental pollution, and the said person shall be bound to render assistance and co-operation as required by the Director General.

(4)       The expenses incurred with respect to remedial measures to control and mitigate the environmental pollution under this section shall be payable to the Director General and may be realized from the persons referred to in sub-section (1) as public demand.

10.       Power of entry etc.- (1) Subject to the provisions of this section, any person generally or specially authorized in this behalf by the Director General shall have the right to enter any building or other place at all reasonable times, with such assistance as he considers necessary for the following purposes, namely :-

(a)        to perform his duties under this Act or rules;

(b)       to inspect any activity carried out at such place or building under this Act or rules or a notice, order or direction issued thereunder;

(c)        to test or verify any equipment, industrial plant, record, register, document or any other significant material;

(d)       to conduct a search of a building or place if such person has reason to believe that an offence has been committed in that building or place in contravention of this Act or rule or any notice, order or direction issued thereunder;

(e)        to seize any equipment, industrial plant, record, register, document or other material that may be used as evidence of the commission of any offence punishable under this Act or rules.

(2)       The person operating any industry, activity or process or the person handling any hazardous substance shall be bound to render all assistance to the said authorised person in discharging his duties under this Act.

(3)       The provisions of the Code of Criminal Procedure, 1898 (Act V of

1898) shall be followed in conducting any search and seizure under this section.

11.       Power to collect samples etc.- (1) A person authorised in this behalf by the Director General may, in the manner prescribed by rules, collect from any factory, premises or other place any sample of air, water, soil or other substance for analysis.

1[(2)     Subject to the provisions of sub-section (3) or (4), as the case may be, the report of a sample collector or the report of a laboratory or both the reports shall, in relation to a sample collected under this section, be admissible as evidence in the concerned proceedings.]

(3)       Subject to the provisions of sub-section (4), the person collecting the sample under sub-section (1) shall --

(a)        serve, in the manner prescribed by rules, a notice to the occupier of the place or his agent specifying his intention to collect any sample;

(b)       collect samples in presence of that occupier or his agent;

(c)        place the sample in a container and seal the container after recording signatures of himself and of the occupier or his agent on the container;

(d)       prepare a report on the collection of the sample and record signatures of himself and of the occupier or his agent;

(e)        without delay send the container to the laboratory specified by the Director General.

(4)       Where, after issuing a notice under clause (a) of sub-section (3), the sample collector collects the sample under sub-section (1), but the occupier or his agent remains absent at the time of collecting sample or being present refuses to put signature on the container of the sample and report, then the collector shall, in the presence of two witnesses, secure the container by putting his own signature and seal the sample, and without delay send the samples to the laboratory 2specified by the Director General for analysis and shall state the fact of willful absence of the occupier or his agent or, as the case may be, of his refusal.

12.       Environmental Clearance Certificate.- No industrial unit or project shall be established or undertaken without obtaining, in the manner prescribed by rules, an Environmental Clearance Certificate from the Director General.

13.       Formulation of  environmental guidelines.- The  Government may,  by notification  in  the  official  Gazette  from  time  to  time,  formulate  and  publish environmental guidelines relating to the control and mitigation of environmental pollution, conservation and improvement of the environment.

14.       Appeal.- (1) Any person aggrieved by a notice, order or direction issued under this Act or rules may, within 30 days from the date of issuance of the notice, order or direction, appeal to the 3Appellate Authority constituted by the Government

and the decision of such Authority on the appeal shall be final and shall not be called in question in any court :

Provided that the Appellate Authority may, if it is satisfied that for some unavoidable reason the aggrieved person could not file the appeal within that time, extend the period for filing the appeal by a period not exceeding thirty days.

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

Provided that where the Appellate Authority consists of more than one member, the Government shall appoint one of the members to be the Chairman of the Authority.

(3)       An appeal filed under this section shall be disposed of within 3

months from the date of its filing.

[15.      Penalties.- (1) For violation of a provision or for non-compliance of a direction,  or  for  the  activities  specified  in  the  following  Table,  the  penalty mentioned against them may be imposed :

TABLE

(2)       Subject to the other provisions of this section, certain offences and penalties  for  such  offences  may  be  specified  in  the  rules,  but  the  penalty  so

specified shall not exceed imprisonment for 2 (two) years or a fine of Tk. 10 (ten)

thousand or both.]

1[15A.  Confiscation of materials and equipments involved in offence.- Where a person is found guilty and sentenced under section 15, all equipments or parts thereof, transport, substance or any other thing used in the commission of the offence may be confiscated under order of the court.]

2[15A.  Claim for compensation.- Where a person or a group of persons or the public suffers loss due to violation of a provision of this Act or the rules made thereunder or a direction issued under section7, the Director General may file a suit for compensation on behalf of that person, group or the public.]

16.       Offences committed by companies.- 3[(1) Where a company violates any provision of this Act or fails to perform its duties in accordance with a notice issued under this Act or the rules or fails to comply with an order or direction, then 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 or failed to comply with the order or direction, unless he  proves  that  the  violation  or  failure  was  beyond  his  knowledge  or  that  he exercised due diligence to prevent such violation or failure.

Explanation.- For the purposes of this section -

(a)        “company” means any statutory public authority, registered                   company,    partnership    firm,     and association or organisation,

(b)       director, in relation to a commercial establishment, also includes any partner or member of the board of directors.]

4[(2)     Where a company mentioned in sub-section (1) is a body corporate, such company, apart from any person charged and convicted under that sub-section, may also be charged and convicted under that sub-section in the same proceedings, but the penalty of  fine only may be imposed on such company in  a  criminal proceedings.]

5[17.    Cognizance of offence and claim for compensation.- No court shall take cognizance of an offence or receive any suit for compensation under this Act except on  the  written  report  of  an  Inspector  of  the  Department  or  any  other  person authorized by the Director General :

1 Section 15A was inserted by sec. 7 of Act 9 of 2002.

2 Section 15A was inserted by sec. 4 of Act 12 of 2000.

3 Existing provision of sec. 16 was numbered as sub-sec. (1) by sec 8(a) of Act 9 of 2002.

4 Sub-section (2) of sec. 16 was inserted by section 8(b) of Act 9 of 2002.

5 Section 17 was substituted by sec. 9 of Act 9 of 2002.

Provided that if the competent court is satisfied that a person presented a written request to the said Inspector or authorized person to accept a complaint about an offence or a claim for compensation and no action was taken within 60 (sixty) days after such request, and that the complain or claim deserves to be taken into  cognizance for  the  purpose  of  trial,  then  the  court  may,  after  giving  the Inspector or the authorized person or the Director General a reasonable opportunity of being heard, directly receive the complaint or claim for compensation without such written report, or may, if it considers appropriate, direct the said Inspector or the authorized person to investigate the offence or claim.]

18.       Action taken in  good faith.- No  civil  or  criminal case  or  other legal proceeding may be instituted against the Government, Director General, or any other person of the Department for any action which caused or is likely to cause injury to any person, if such action is taken in good faith under this Act or rules.

19.       Delegation of Power.- (1) The Government may delegate to the Director

General or any other officer any of its powers under this Act or rules.

(2)       The Director General may 1delegate to any other officer of the

Department any of his powers under this Act or rules.

20.       Power to make rules.- (1) The Government may, by notification in the official 2Gazette, make rules for carrying out the purposes of this Act.

(2)       In  particular  and  without  prejudice  to  the  generality  of  the foregoing power, such rules may provide for all or any of the following matters:

(a)        determination of the standards of air, water, sound, soil and other   components  of   the   environment  in   relation  to different areas for different purposes :

Provided that the Government may, by notification in the official Gazette, for a specified period suspend the application of such standard, generally or individually, in respect  of  industries or  projects  existing  at  the  time  of commencement of this Act;

(b)       regulation  of  the  establishment  of  industries  and  other development activities for conservation of environment;

(c)        determination of safe procedures for the use, storage and transportation of hazardous substances;

(d)       determination   of   safety   and   remedial   measures   for prevention of accidents which may cause pollution of the environment;

1 DG, DoE has delegated certain powers to DoE officers by a notification dated 9/9/1998 and by a circular dated 23/7/2002.

2 The Government has made Environment Conservation Rules 1997.