Environmental Law

The Environment Conservation Act, 1995 has been enacted to protect the environment by improving the quality of the environment along with controlling and abating the pollution of the environment which includes Establishment of Department of Environment, Declaration of ecologically critical areas, Restriction on the driving of vehicles, Environmental clearance, Framing of environmental guide-lines, Punishments, Cognizance of offence. This Act has been enacted as bangla version titled as বাংলাদেশ পরিবেশ সংরক্ষণ আইন, ১৯৯৫.

The Environment Conservation Rules, 1997 are laid out under the Act, outlining the standards of the air, water and other components of the environment.

The Noise Pollution (Control) Rules 2006 were also adopted under Section 20 of the Bangladesh Environment Conservation Act 1995 with a view to laying down the specific guidelines regarding noise pollution and the degree of allowable noise in different areas. This rule has been passed as শব্দ দূষণ (নিয়ন্ত্রণ) বিধিমালা, ২০০৬.

Moreover, this Act has been amended in 2010 by the Bangladesh Environment Conservation (Amendment) Act, 2010. Amendments regulate and give new definition to several aspect of the original Act, such as: wetland, hazardous waste, ecologically critical area, restriction on cutting hill, restriction on production, import, storage, loading, transportation etc. of hazardous waste to protect the environment, restriction on pollution, environmental clearance certificate, penalties, claim for compensation. This Amendment Act has been enacted as bangla version titled as বাংলাদেশ পরিবেশ সংরক্ষণ (সংশোধন) আইন, ২০১০. 

The Government formulated the Bangladesh Biosafety Rules, 2012 under the authority bestowed to it by the Section 20 of the Bangladesh Environment Conservation Act, 1995, titled as বাংলাদেশ জীবনিরাপত্তা বিধিমালা, ২০১২.

The Environment Court Act, 2000 has been enacted to establish the Environment Courts for the trial of offences relating to environmental pollution with creating a speedy disposal of cases relating to environmental harm.

The Act places multiple restrictions regarding the areas near which brick kilns can be established with outlines of prohibiting the use of raw materials from sources such as agricultural land, hill or hillock and the use of wood as fuel. This Act has been enacted in bangla, titled as ইট প্রস্তুত ও ভাটা স্থাপন (নিয়ন্ত্রণ) আইন, ২০১৩

Bangladesh signed the Framework convention on Tobacco Control (FCTC) in the 56th convention of World Health Organization for discouraging the smoking and using of tobacco product on 16 June, 2003 and initiated it on 10 May, 2004 which expedient and necessary to control smoking and production, use, sale, purchase and advertisements of tobacco product for the purpose of implementing the provisions of the convention in Bangladesh. So, the Government of Bangladesh (GoB) has been enacted the Smoking and Using of Tobacco Products (Control) Act, 2005 with the titled as ধূমপান ও তামাকজাত দ্রব্য ব্যবহার (নিয়ন্ত্রণ) আইন, ২০০৫.This Act contains – restrictions on smoking in public places; restrictions on tobacco advertising, promotion and sponsorship; health warnings on packaging and labeling; and loans for the cultivation of other cash crops as alternatives to tobacco, among others. In 2013, this Act has been amended as ধূমপান ও তামাকজাত দ্রব্য ব্যবহার (নিয়ন্ত্রণ) (সংশোধন) আইন, ২০১৩. with some new provisions, such as – restrictions on smoking in public places; restrictions on tobacco advertising, promotion and sponsorship; graphic health warnings on packaging and labeling; and loans for the cultivation of other cash crops as alternatives to tobacco, etc. 

The Bangladesh Biodiversity Act, 2017 was passed in line with Bangladesh’s constitutional mandate under Article 18A and international mandates under Convention on Biodiversity. It delegates the duties for granting permission to such access on the National Biodiversity Committee, who shall also determine the equitable sharing of benefits accrued from biodiversity, biological resources and traditional knowledge. This enacted in bangla, titled as বাংলাদেশ জীববৈচিত্র্য আইন, ২০১৭.

The Bangladesh Water Act, 2013 has been enacted with consist of seven Chapters which include the right to water when it is used for the purposes of drinking, sanitation and sewage disposal, water control, protection and conservation of water resources. In addition, it regulates land ownership requirements, surface water, etc. are subject to the provisions of this Act on the following matters: water, waste prevention, protection and preservation, the executive committee may issue a protection order against the landlord. This Act has been passed as বাংলাদেশ পানি আইন, ২০১৩

The National River Protection Commission Act, 2013 has been enacted to establish a Commission for preventing illegal occupation of rivers, pollution of water and environment, pollution of rivers caused by industrial factories, illegal constructions and various irregularities and ensuring multidimensional use of rivers for socio-economic development including restoration of the normal flow of rivers, proper maintenance thereof and making them navigable. This Act has been passed as জাতীয় নদী রক্ষা কমিশন আইন, ২০১৩ which is expedient and necessary to establish a Commission for preventing illegal occupation of rivers, pollution of water and environment, pollution of rivers caused by industrial factories, illegal constructions and various irregularities and ensuring multidimensional use of rivers for socio-economic development including restoration of the normal flow of rivers, proper maintenance thereof and making them navigable.

In 1983 Government created Master Plan Organization (MPO) with a mandate to prepare National Water Plans. The Water Resources Planning Act, 1952 has been made to ensure the development and balanced use of water resources which has been drafted as পানি সম্পদ পরিকল্পনা আইন, ১৯৯২.

The Embankment and Drainage Act, 1952 has been enacted to consolidate the laws relating to embankment and drainage and to make better provision for the construction, maintenance, management, removal and control of embankments and water courses for the better drainage of lands and for their protection from floods, erosion or other damage by water.

The Bangladesh Water Development Board Act, 2000 has been enacted to ensure development and management of water resources by rescinding provisions of the Bangladesh Water and Power Development Boards Order of 1972 under the Bangladesh Water and Power Development Boar Order, 1972 (P.O. No. 59 of1972)

The Protection and Conservation of Fish Act, 1950 has been enacted to provide for the protection and conservation of fish in Bangladesh.

The Marine Fisheries Ordinance, 1983 made and promulgated by the Chief Martial Law Administrator to make provisions for the management, conservation and development of marine fisheries of Bangladesh.

The Forest Act, 1927 consolidate the law relating to forests, the transit of forest-produce and the duty leviable on timber and other forest-produce. It lays down activities which are prohibited in reserved forests and penalises violations of the provisions.

The Wildlife (Conservation and Security) Act, 2012 is to provide for the conservation and safety of biodiversity, forest and wildlife of the country by repealing the existing law relating to conservation and management of wildlife of Bangladesh. This Act has been enacted in bangla version titled as বন্যপ্রাণী (সংরক্ষণ ও নিরাপত্তা) আইন, ২০১২. The Act allows for the declaration of sanctuaries, national parks and community conservation areas and lays down the permissible activities within such premises.

In pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the Motor Vehicles Ordinance, 1983.

In exercise of the powers conferred by Sections 136 of the Motor Vehicles Ordinance, 1983, the Government has been pleased to make the Motor Vehicles Rules, 1940.

The Ports Act, 1908 has been enacted to consolidate the enactments relating to Ports and Port-charges.

The Building Construction Act, 1952 has been enacted to provide for the prevention of haphazard construction of buildings and excavation of tanks which are likely to interfere with the planning of certain areas in Bangladesh.

The Public Parks Act, 1904 for the regulation of Public Parks in Bangladesh.