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Ecr 2023

Environment Conservation rules related to environmental managment with their managerial perspective
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0% found this document useful (0 votes)
322 views6 pages

Ecr 2023

Environment Conservation rules related to environmental managment with their managerial perspective
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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The Bangladesh Environment Conservation Act, 1995 amended in 2010 has been enacted

to provide for strict liability for environmental pollution, control, and mitigation of environment
pollution and overall improvement of the environmental standards by conserving its natural state.
Therefore, the conservation of environment is the pre-condition of right to environment. To
determine the requirements for air, water, sound, soil, and other environmental components, the
government has passed the Environment Conservation Rules, 1997, in accordance with section
20 of the BECA, 1995.
Environmental Conservation Rules
In accordance with section 20 of The Bangladesh Environment Conservation of Act of 1995, the
Government passed the Bangladesh Environment Conservation Rules, 2023. The Rules which
are related to environment are discussed below with their environment managerial perspective -

3. Application and Remedies for Environmental Pollution or Degradation Damages


Remedies
According to Rule 3 Environmental Conservation, the Sub-section (1) of Section 8 of the Act
requires the Director-General to dispose of an application within 30 working days by means of
public hearing. The Director General may extend the application period by 15 working days, if
necessary, by stating the reason.

Managerial Perspective:

This rule ensures that victims of environmental pollution have a legal avenue for remedy. The
process involves public hearings and specified deadlines, which support transparency and
accountability. Director General must ensure that such complaints are promptly addressed
within 30 working days to avoid environmental degradation from escalating.

Example: A factory discharges untreated wastewater into a river, causing pollution. A local
community files a complaint, which should be resolved within 30 days through a public hearing,
followed by necessary actions from authorities to mitigate the damage.

5. Classification of Industrial Institutions and Projects for the purpose of issuing


environmental and location clearance certificate.
Industrial projects and units must be classified based on their activities, pollution, and potential
harm to the environment and health. The categories are-
 Green
 Yellow
 Orange and
 Red.
Green categories are Units or projects that have a low impact on the environment and human
health. Yellow Category industrial units or projects have a moderate impact on the environment
and human health. Orange Categories are institutions or projects that have a significant impact
on the environment and human health. Red category has a strong impact on the environment and
human health and must reduce environmental impact by protecting environment also by taking
pollution control measures.

Managerial Perspective:

Classifying industries into Green, Yellow, Orange, and Red categories allows targeted
management based on their environmental impact. For sustainable development, industries
should be evaluated not only by their economic contribution but also by the potential harm they
pose to the environment and human health. This system prioritizes higher scrutiny for more
hazardous industries.

Example: A textile mill (Red category) must adopt pollution control measures like wastewater
treatment before starting operations, while a small IT company (Green category) may not require
extensive environmental safeguards.

6. Obligation to obtain locational clearance and Environmental clearance.


Before instituting new yellow, orange and red industries mentioned in rule 5 and taking up the
project, first the location clearance and then the Environmental Clearance Certificate should be
obtained from the Director.

 For green categories industrial unit Environmental Clearance


Certificate must be obtained from the director.

 In the case of all categories of industrial unit or projects set up in


government or private export processing zones, economic zones or
industrial cities of Bangladesh Small and Cottage Industries
Corporation, it is not necessary to take location clearance
certificate, only Environmental Clearance Certificate should be
taken from the Director.

 Without taking Location Clearance Certificate no development of


land or construction of any infrastructure for this purpose shall be
allowed for the establishment of an industrial unit of the yellow,
orange and red categories.
 Gas, electricity, water, or other essential services cannot be
provided to new industries, institutions or projects of yellow,
orange and red categories without obtaining Location Clearance
Certificate.

 New industrial Units of green, yellow and red categories will not be
allowed to conduct trial production or launch projects without
obtaining Environmental Clearance Certificate

Managerial Perspective:

This rule mandates obtaining necessary clearances before setting up industries, especially those
in Yellow, Orange, or Red categories, which have higher environmental impacts. Location and
environmental clearance ensure that industries are sited in environmentally appropriate areas and
follow regulations.
Example: A chemical plant must obtain location clearance and prove that it has mitigation
strategies for pollution before setting up in an industrial zone, ensuring minimal environmental
damage.

7. Application procedure for Locational clearance and Environmental clearance.


Application should be submitted to the district office, if there is no district office the application
should be submitted to the office or departmental office without jurisdiction. In metropolitan area
an application should be submitted to metropolitan office. Application must be submitted to
district office if there is no separate office for metropolitan area. Application should be submitted
to regional office or divisional office if multiple districts under the same division. If the same
category is widespread, the application should be submitted to the head office of the department.

Managerial Perspective:

A clear procedural system for applying for locational and environmental clearance helps
streamline environmental governance. Industrial managers should be well-versed in the
application process, ensuring they comply with the legal requirements of different jurisdictional
areas.

Example: A multinational corporation planning a factory in multiple regions must apply to each
regional or district office to ensure compliance with local environmental regulations.
9,10,11,12,13,14 : Procedure and consideration of issuing Locational and Environmental
learance individually for all individual categories (Green, Yellow,Orange,Red)

I5. Survey of Environmental impact assessment

Managerial Perspective:

An EIA is a critical tool for anticipating and mitigating negative environmental impacts of
industrial projects. It allows for informed decision-making and helps ensure that projects are
environmentally sustainable. Managers should prioritize EIAs to identify potential risks and
develop mitigation strategies before starting operations.
Example: A real estate developer conducts an EIA to assess how a new housing project might
affect local wetlands and proposes drainage systems to mitigate flooding.

19. Methods of issuing Environmental clearance


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.
21,22. Renewing procedures of Locational clearance certificate and Environmental Clearance
Certificate.
23. Actions against the industries and projects without Locatic 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.
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:-
(a ) certified copy of the notice/order/direction against which appeal is filed;
(b) a copy ofthe Environmental Clearance Certificate (if any);
(c) a Treasury Chalan showing proof of deposit of the appeal fee of 5000 Taka
(d) 25% of compensation-given with treasury chalan Written commitment paper of that pollution
related activities are closed as per notice, orders or
(e) instructions.

Managerial Perspective:

The appeal process provides industries a fair chance to contest decisions made by regulatory
bodies. Managers should be proactive in addressing environmental violations and appeals to
avoid legal complications. Proper documentation, including a written commitment to rectify the
violations, is crucial for ensuring smooth resolution.

Example: A factory fined for emissions violations may appeal the decision by submitting an
environmental management plan and proof of payment of part of the compensation, showing its
commitment to reduce pollution.

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