Learning Objective: After completing this lesson students will learn about: a) the sectors of development of environmental law in Bangladesh b) the recent administrative steps taken by GoB in implementing environmental legislation

1. BACKGROUND OF
DEVELOPMENT OF
ENVIRONMENTAL
LAWS-
NATIONAL CONTEXT
Preeti Kana Sikder
Assistant Professor
Department of Law
&Justice
Jahangirnagar University

2. WHICH ARE THE MAJOR
ENVIRONMENTAL PROBLEMS
OF BANGLADESH?

3. THE VERY BEGINNING
• The Forest Act, 1927 (amended in 2002)
• The Pesticide Ordinance, 1971 (amended in
2009)
• The Pesticide Rules, 1985
• The Wild Life (Preservation) order, 1973
(amended in 1994)
• The Wetland Protection Act
• The Marine Fisheries Ordinance, 1983

4. EIGHTEEN DISTINCT
SECTORS
and one Miscellaneous part!

5. SECTORS COVERED BY
ENVIRONMENTAL LAWS
Pollution and Conservation
Food and Consumer
Protection
Fishery Forestry
Health
Vulnerable
Group

6. SECTORS COVERED BY
ENVIRONMENTAL LAWS
Public Safety and Dangerous
Substances
Occupational
Rights and Safety
Agriculture
Water
Resources
Land
Use
Local
Government

7. SECTORS COVERED BY
ENVIRONMENTAL LAWS
Rural and Urban Planning
and Protection
Displacement, Relief and
Rehabilitation
Energy and
Mineral
Resources
Transportation
and Safety
Wildlife and
Domestic
animals
Cultural and
Natural
Heritage

8. Climate
Change
Disaster
Management

10. THE IMPROVEMENT
• There has been a dramatic growth of environmental
institutions. As of 2017, 164 countries have created
environment ministries or the equivalent (cabinet-
level bodies with responsibility over issues explicitly
including, but not necessarily limited to,
environmental protection).
• Of the remaining countries (countries without
environment ministries), 22 have environmental
entities with the functional role of independent
government agencies and 7 have other entities with
responsibility for
environmental matters.

11. EVOLUTION OF
ENVIRONMENTAL REGIME AT
NATIONAL LEVEL

12. ADMINISTRATIVE STEPS
• In pursuance of the Stockholm mandate, the first step
towards a very rudimentary environmental protection in the
country was taken in 1973 through the promulgation of the
Water Pollution Control Ordinance.
• Later on the Environment Pollution Control Ordinance was
also promulgated in 1977 and a Environment Pollution
Control Board was headed by a member of the Planning
Commission under this Ordinance which was followed in the
same year by the Environment Pollution Control Project.
• In 1985 a Department of Pollution Control was established
• In 1989, this department was structured and renamed the
Department of Environment (DoE)

13. POST-INDUSTRIAL STAGE
(1980S)
• A separate ministry for environment and forests
(MoEF) was created.
• Many non-governmental organisations emerged with
environmental protection as their main goal
• Some research and consulting organisations emerged
with study of environmental issues as the main focus
• National Environment Management Action Plan
(NEMAP) was formulated by the ministry.

14. OVERALL DEVELOPMENT
FOCUS IN 1990S
• The concept of environmental protection through
national efforts was first recognized and declared
with the adoption of the Environment Policy, 1992
and the Environment Action Plan, 1992.
• Following the National Environment Policy,
National Environment Management Action Plan
(NEMAP) 1995 was adopted
• The NEP 1992 has been followed by a good
number of sector specific policies to achieve the
broad goals of this Policy

15. EXAMPLES OF SECTOR
BASED POLICIES
• National Forestry
Policy, 1994
• Fisheries Policy,
1998
• National Agriculture
Policy, 1999
• National Water
Policy, 1999
• Industrial Policy,
2005
• Livestock Development
Policy, 1992
• National Energy Policy,
2004
• National Health Policy,
2011
• National Food Policy,
2006
• Urban Transport Policy,
2015

16. MOST PROMINENT
DEVELOPMENT
• The National Environment Management Action Plan
(NEMAP) adopted in 1995 was focused on the
conservation, improvement of environmental standard and
controlling the pollution of the environment.
• The Environment Conservation Act was enacted in the
same year to supplement this step.
• The Environment Conservation Rules was also
promulgated in 1997.
• This Conservation Act along with the rules was amended in
2000, 2002, 2003 and 2010 to include important provisions
• Environment Court Act, 2000 deals with offences regarding
violation of environmental laws

17. UPGRADE AT THE
ADMINISTRATION
Very recently, on May 14, 2018
cabinet changed the name to
Ministry of Environment, Forest and
Climate Change. The decision of
which was finalized on August,

18. IN THE ARTICLE, APPLICATION AND
REFORM NEEDS OF THE
ENVIRONMENTAL LAW IN
BANGLADESH, BY SYED RIZWANA
HASAN
• Crystallisation of Environmental issues in Constitution
• Evolution of Right to environment in Cases
• Incorporating Environment in Policy Documents
• More Comprehensive Coverage of Environmental
Issues
• Use of Economic Instruments
• Provision for Public Participation and Review
• Recognition of International Norms