Legal and
Regulatory Framework
In general, the environmental
law involves conservation of natural
resources for their better use by
the present day society as well as
by the future generations. It also
governs the inter relationship between
natural resources and other living
organisms. The national legislations
can be categorized to cover sectors
and issues like pollution and conservation,
land use and administration, agriculture
and agro-chemical, water resources,
fisheries, forestry and others.
The contents and
objects of the national environmental
laws suggests that they were enacted
to address mainly two aspects of environmental
conservation i.e. resources management
and pollution control. None of the
legal provisions of these legislations
directly address the issue of desertification.
These laws hardly provide provisions
addressing the desertification issues.
The Constitution
of the People’s Republic of
Bangladesh enshrines the ‘right
to life and personal liberty’
(Article 31) as fundamental right
of life. Under the Supreme Court it
was determined that ‘right to
life’ enshrined as a fundamental
rights includes ‘right to healthy
environment’. The Constitution
of Bangladesh asserts that ‘it
shall be a fundamental responsibility
of the state to attain, through planned
economic growth, a constant increase
of productive forces and a steady
improvement in the material and cultural
standard of living of the people (Article-15).
With this commitment of enhancing
productive forces of nature, Bangladesh
has so far signed, ratified and acceded
to 22 international conventions, treaties
and protocols related to environment
including the UNCCD.
Bangladesh signed
the UNCCD on January 1996 and after
ratifying it came into force in 1997.
Bangladesh is committed to implement
these conventions and treaties, which
have provisions to frame and implement
rules and guidelines on the environment.
No separate legal measures have been
initiated to implement the provisions
of the Convention. But legislations
existing in the country support the
strategies and policies aimed at conservation
and management of natural resources
and preservation and protection of
the environment. Legislation facilitating
community forestry activities exists
in the country in order to carry out
effectively extension programmes and
developing forestry. Bangladesh Environment
Conservation Act, 1995, Environment
Conservation Rules, 1997 and the Bangladesh
Forest Act, 1927 will ensure protection
and development of forests and controls
conservation and improvement of environment.
The Groundwater Management
Ordinance, 1995 and the Groundwater
Management Rules, 1997 regulates the
suitability of sites for installation
of tube wells and concerns irrigation
water required for agricultural production
There are also laws governing particular
aspects of water use such as water
rates that needs to be consolidated
(World Bank, 1997). During the process
of preparation of NAP, existing legislation
will be further reviewed, and gaps
and the enforcement status will be
identified. After reviewing measures
may be recommended to ensure functional
legal and regulatory framework which
will prompt the development of natural
resource management capacity and CCD
implementation.
Major development
initiatives taken in respect of legal
and regulatory framework since last
reporting are:
• The enactment of the Environment
Court Act for establishing environmental
administration in the country
• Amendment of the Environmental
Conservation Act, 1995
• Formulation of the Strategic
Plan for the DOE. In this plan the
obligation and responsibilities of
Bangladesh under the ICTPs, including
UNCCD have been reviewed and strategic
actions have been identified. The
plan targets, among others, to develop
a regulatory regime and institutional
set up responsive to natural resource
conservation mandate of the DOE, including
the UNCCD requirements;
• Amendments to the Forest Act
during 2001 and 2002 to incorporate
the social forestry programs and building
of enforcement capacity.
Acts
The Environment
Conservation Act (ECA) of 1995 (amended
in 2002) and the Environmental Conservation
Rules (ECR) of 1997
• The Environmental Conservation
Act is the single major national law,
which deals with specific purpose
of protection of environment and conservation
of nature. The law is designed to
conserve the environment, improve
environmental standards and control
and mitigate environmental pollution.
• The Act was enacted for the
conservation, improvement of quality
standard and control and mitigation
of the pollution of the environment.
• The Act addresses the quantitative
and qualitative improvement of different
components of environment and prevention
of degradation of their standard.
The components of environment, for
the purpose of this law would be water,
air, land and physical properties
and the inter-relationship, which
exists among and between them and
human beings, other living beings,
plants and micro- organism.
• Section 5 of the ECA offers
scopes for in situ conservation by
empowering the Government to declare
areas as Ecologically Critical Area
and take measures to protect the ecology
of those areas. It is provided that
if the Government is satisfied that
the ecosystem of that area has reached
or threatened to reach a `critical
state’ then the area will declare
as an ecologically critical area.
• If any area declared as ecologically
critical area then a ban would be
imposed in general terms on some activities
that include felling or extracting
trees and forest, any activity that
may threaten the habitat of flora
and fauna; activities likely to destroy
or alter the natural characteristics
of soil and water; establishment of
industries that may pollute soil,
water, air and/or create noise pollution
and other activities that may be harmful
for the fish and other aquatic life.
• The ECA along with the Environmental
Conservation Rules (ECR), made under
it in 1997, have the potentials to
succeed in protecting the biological
wealth of the country from detrimental
effects of industrial wastes and emissions.
The Forest
Act, 1927
The Forest Act aims to consolidate
the laws relating to forests, and
duty leviable on timber and other
forest-produce. The law was mainly
enacted to generate revenues from
the forest products. The Act empowers
the Government to declare portions
of its forest as Reserved or Protected
and by doing that it may take measures
for in situ conservation of biodiversity.
Any acts or omission detrimental to
the natural resources of reserved
and protected forests are prohibited
and are punishable offences. Among
them, the more serious ones include
making fresh clearing of forest lands,
removing timbers, setting fires, felling
or otherwise damaging trees, clearing
or breaking up any land for cultivation
or any other purpose.
The Act was amended
in 2000 to provide provisions to establish
social forestry involving local community
participation in the management regime.
Following the Act, a social forestry
rules is under preparation by the
Forest Department. It is feared that
unless conservation guidelines including
those concerning alternative livelihood
are framed properly, the community
might be moved more by the needs for
overexploitation of forest resources.
Ground Water
Management Ordinance, 1985
The Ground Water Management Ordinance
was endorsed by the Government to
manage the ground water resources
for agricultural production. It vests
with the Thana Parishad the responsibility
of deciding whether installing deep
tube well, shallow tube well and deep
set hand-pumped tube wells will give
rise to adverse effects affecting
the surroundings. Judgmental error
in this respect may result into lowering
the volume of ground water affecting
biodiversity therein.
Bangladesh
Wildlife (Preservation) Act, 1974
The wildlife law provides for the
protection of wildlife as well as
the habitats. The Act defines various
protected areas in the form of game
reserve, national park and wildlife
sanctuary and aims at preserving wildlife
of those protected areas. The wildlife
sanctuary regime also requires undisturbed
breeding ground for the protection
of wildlife as well as all natural
resources in the sanctuary.
Bangladesh Petroleum Act,
1974
The Petroleum Act
of 1974 was enacted to consolidate
and amend the law relating trade,
production and refining of petroleum
and other inflammable substance. Under
section 6 of the Act, prospecting
for petroleum has to be carried out
in a manner that does not interfere
with navigation, fishing, conservation
of resources of the sea and sea-bed
and that takes into account factors
connected with the ecology and the
environment. It does not define the
factors and the management elements
a company should establish and maintain
to discharge its obligation
The Brick
Burning (Control) Act, 1989 (amended
1992, 2001)
The Act adopted by the parliament
to control brick burning activities.
The Act would prevail over all other
inconsistent laws concerning brick
burning activities. The use of fuel
wood in brickfields is prohibited
under this Act. However, the latest
definition of fuel wood apparently
excludes any plant species other than
woods utilizable as fuel and this
could spell the destruction of local
habitats.
The Building
construction Act, 1952 (amended in
60, 66, 72, 87, 90)
This Act provides for the prevention
of haphazard construction of buildings
and excavation of tanks and cutting
and razing of hills without authorization.
It allows cutting and razing of hills
if the authorized officer is satisfied,
among other things, that such acts
shall not cause any serious damage
to the hill or any silting of or obstruction
to any drain, stream or river. In
doing so, the Act disregards the fact
that cutting and razing of any hill
would invariably damage the ecosystem,
natural habitats and topsoil and deplete
the biodiversity.
Apart from the above mentioned legislation
there are other existing laws which
provide provisions indirectly related
to desertification issue. viz Playgrounds,
Open Space, Parks and Natural Water
Bodies of All Municipalities and Civic
Centre of the Country Including the
Metropolis, Divisional Headquarters
and Municipal Areas of the District
Headquarters Conservation Act, 2000,
and Wetlands Conservation, Re-establishment
and Filling Control Act 2004 (draft).
Policies
The National
Environment Policy, 1992. (NEP)
The government in 1992 adopted the
National Environmental Policy, appended
with an implementation program. Considering
the necessity to address existing
problems along with issues concerning
to improvement of environment in an
integrated manner Government prepared
an environment policy. This policy
embraces 15 development sectors including
agriculture, Industry, health &
sanitation, energy, water, land, forest,
fisheries & livestock, coastal
& marine environment and others.
The sectors relevant to land degradation,
soil erosions and other related causes
of desertification are mentioned below:
• The policy
states that techniques should be adopted
to prevent land erosion, to preserve
and increase soil fertility, and expand
activities for conservation and environmentally
sound management-accreted land.
• Land use systems compatible
with various eco-systems is encouraged
under the policy and steps should
be taken to prevent spread of salinity
and alkalinity on land.
• Sustainable, long term, environmentally
sound and scientific exploitation
and management of the underground
and surface water resources is to
be ensured.
• Conservation, expansion and
development of forest need to be ensured
to sustain the ecological balance
and meet the socio-economic needs
and realities.
• Shrinkage and depletion of
forestland and resources should be
stopped.
National
Water Policy, 1999
The promulgation of National Water
Policy in 1999 was a response to the
long felt needs for government directives
and guidelines for the management,
regulation and utilization of the
water resources of the country. The
key objectives of the policy are to
ensure the availability of water to
all elements of the society and to
accelerate the development of sustainable
public and private water systems.
The policy states that activities
should be initiated to improve efficiency
of resource utilization through conjunctive
use of all forms of surface water
and groundwater for irrigation and
urban water supply. The policy also
put emphasis on full consideration
to environmental protection, restoration
and enhancement measures consistent
with the National Environment Management
Action Plan (NEMAP).
National
Land Use Policy, 2001
The Land-Use Policy aims to ensure
land use in harmony with the natural
environment. The policy introduced
a ‘zoning’ system in order
to ensure the best use of land in
different parts of the country according
to their local geological differences
to logically control the unplanned
expansion of residential, industrial
and commercial constructions; The
main areas of land use in our country
are agriculture, housing, forests,
rivers, irrigation and sewerage canals,
ponds, railways, commercial and industrial
establishments, tea estates, rubber
fields, horticulture gardens, the
coastal belt, sandy riverbeds and
char areas.
National
Forest Policy, 1994
The Government of Bangladesh has promulgated
the National Forest Policy, 1994 and
approved the Forestry Sector Master
plan (1995-2015). Both the documents
have emphasized the afforestation
program in the country with 20% coverage
and increase the protected areas by
10% of the reserve forest land targeted
in the Master plan by 2015 through
the co-ordinated efforts of GO-NGOs
and active participation of the people.
One of the key objectives of the policy
is to conserve soil and water resources
and strengthening agriculture sector
with the expansion of agro-forestry.
The Forestry Master Plan incorporates
various programmes for enhancing the
involvement of rural population in
forest sector activities. Its objectives
include preserving existing values,
conserving plants and animal variety
and ensuring maximum benefits to local
people.
National
Agriculture Policy, 1999
In spite of some opportunities and
constraints, the overall objective
of National Agriculture Policy is
to make the nation self-sufficient
in food through increasing production
of all crops including cereals and
ensure a dependable food security
system for all. It aims to ensure
inter-alia, sustainable agricultural
production system, preservation and
development of land productivity and
preservation of crop diversity. The
policy also aims to develop contingency
management system to combat natural.
The policy provides that soil erosion
in Madhupur Tract, Barind Tract and
the piedmont area is to be checked
through thana wise programs.
Coastal Zone
Policy, 2005
The coast of Bangladesh is known as
a zone of vulnerabilities as well
as enormous opportunities. It is prone
to natural disasters. The natural
and man- made hazards have adversely
affected the lives and livelihoods
in the zone and slowed down the pace
of social and economic developments
in this region. The Government has
recently formulated the Coastal Zone
Policy that would provide a general
guidance to all concerned for the
management and development of the
coastal zone in a manner so that the
coastal people are able to pursue
their life and livelihoods within
secure and conductive environment.
The Wetland
Policy (Draft)
To address the issues of wetland
degradation and utilization of its
resources in a sustainable manner
there is a need of good policy guidelines.
With the help of IUCN Bangladesh Country
Office the Government of Bangladesh
drafted a wetland policy in 1998.
The draft wetland policy address the
issues related to wetland protection
and utilization of its resources in
equitable manner. The draft policy
puts special emphases on the conservation
of wetlands.
