Environment Conservation Rules (ECR), 1997 This rules has been enacted under section 20 of Bangladesh environment conservation act-1995 dated 05 March 2023. The rules came into force to reduce current environmental pollution state of the country.
Section 1: Short Title . These Rules will be called as the Environment Conservation Rules, 2023. Section 2: Definitions. Total 11 definitions of words used in the rules explained here. Section 3: Application for Remedial Damages due to Environmental Pollution or Degradation . the person who has been aggrieved by pollution could apply for the remedy to the director general. Section 4: Notice for collecting sample Any officer powered by Director general, could notify for collection data/sample to analysis Sections of ECR-2023
Section 5: Procedure for issuing Environmental Clearance Certificate For issuing a Environmental clearance certificate, the industry and project in consideration of pollution impact and human health impacts are classified into four categories: (a) Green ; (b) yellow ; (c) Orange ; and (d) Red.
Explanation of the categories a. green: The industry and projects that Low impact on the environment and human health and have opportunities to adopt pollution mitigation measures. b. Yellow: The industry and projects that moderate impact on environment and human health, which need to take all the adaptation and mitigation measures. c. Orange: The industry and projects that have significant impacts on the environment and human health that need to be avoided for environmental protection and reduced by pollution mitigation. d. Red: Red categories refers to those industries and projects that have severe impact on the environment and human health, which need to be avoided and mitigated to an appropriate extent to protect the environment.
Section 6: Obligation to obtain locational clearance and Environmental clearance yellow, orange and red categories industries explained in section 5 must obtain locational clearance first and the environmental clearance as explained by the rules. Section 7: Application procedure for Locational clearance and Environmental clearance. Section 8: Considerations for issuing of Locational clearance. Section 9,10,11,12,13,14 : Procedure and consideration of issuing Locational and Environmental clearance individually for all individual categories ( Green,Yellow,Orange,Red )
Section 15: Survey of Environmental impact assessment Section 19: Methods of issuing Environmental clearance Section 20: Validity period of Locational clearance and Environmental Clearance Certificate. The period of validity of an Environmental Clearance Certificate shall be, in case of Green Category, five years form the date of issuance. For yellow category two years from the date of its issuance and for orange and red categories it will be for one year. All the certificates have to be renewed when the validity period over its time. Section 21,22: Renewing procedures of Locational clearance certificate and Environmental Clearance Certificate.
Section 23: Actions against the industries and projects without Locational and Environmental Clearance. 1. Director general will send a notice for showing the cause in 10 days of notice. 2. DG will arrange a hearing in 7 days after having the show cause answer. 3. If the answer is not satisfactory DG will take actions as asking for respective authority for cutting of electricity, water and gas etc. 4. if the industry or project want to start again, they must fill up the form-3 with all the documents, Environmental management plan with Fees as explained section-7 to the respective office. 5. If any of the industry and project runs without the clearance DG will assess a Fine and have to collect it in times. 6. If Dg determine compensation the industry and/or the project must pay it. 7. If the owner of the industry and project don’t pay the compensation in time, Dg will take legal action as per law.
Section 29: Appeal. (1) the industries or projects can the appeal against the relevant notice, order or direction shall be stated clearly and briefly. Each appeal shall be accompanied by the following documents:- certified copy of the notice/order/direction against which appeal is filed; a copy of the Environmental Clearance Certificate (if any); a Treasury Chalan showing proof of deposit of the appeal fee of 5000 Taka 25% of compensation given with treasury chalan Written commitment paper of that pollution related activities are closed as per notice, orders or instructions.
The Environmental conservation Rules-2023 is more updated than ECR-1997 , It has total 40 sections, 14 Schedule Explaining all categories, procedures, Identification of pollution and polluted, and 6 form for different applications regarding clearance application, appeal application etc.