Table 4 - 1 in Saidabad Water Treatment Plant Project, Phase III

Table 4-1: Government policies, laws, regulations, and environmental standards Laws, Regulations, and StandardsDetailsRelevanceEnvironment Conservation Act, 1995Provides for the conservation of the environment, improvement of environmental standards and control and mitigation of environmental pollution. In line with these provisions of the Act, the Environment Conservation Rules, 1997 have been framed. This Act provides for (i) remedial measures for injury to ecosystem; (ii) provides for any affected person due to environmental pollution to apply to DOE for remediation of the damage; (iii) discharge of excessive environmental pollutants; (iv) inspection of any activity for testing any equipment or plant for compliance to the environment act, including power to take samples for compliance; (v) power to make rules and standards with reference to environment; and (vi) penalty for non-conformance to environment act under the various sections.The provisions of the act apply to the entire Project interventions in the construction and operation stages.Environment Conservation Rules (ECR), 2023The Rules outline the processes and requirements of environmental clearances for specific type of projects indicated therein and stipulates that “no industrial unit or project shall be established or undertaken without obtaining, in the manner prescribed by rules, an Environmental Clearance Certificate (ECC) from the Director General” of the Department of the Environment. Schedule 1 of the Rules classifies industrial units and projects into four categories according to their site and impact on the environment, namely (i) green, (ii) yellow, (iii) orange, and (iv) red. The Rules specify the procedures for issuing ECC for the various categories of projects. For Red Category: (i) completed application for ECC, and the appropriate fee; (ii) report on the feasibility of the project; (iii) report on the IEE for the project, and Terms of Reference for the EIA; or EIA report prepared on the basis of TOR previously approved by DOE, plus (in the case of an industrial project): layout plan showing location of ETP, process flow diagram, designThe project activities are categorized under this rule and as per categorization required environmental assessments were done as well as ECC (Annex-1) received.and time schedule of the ETP; (iv) report on the EMP; (v) no objection certificate from the local authority; (vi) emergency plan relating to adverse environmental impact and plan for mitigation of the effect of pollution; and (vii) outline of the relocation and rehabilitation plan (where applicable).Environment Court Act, 2000Enacted to establish Environment Courts and make rules for the protection of environmental pollution. Environment Courts are situated at the district-level, but Government may by notification in the official Gazette, establish such courts outside the districts. Environment Courts were given power to directly take into cognizance any offense relating to environmental pollution. Proceeding of Environmental Courts will be similar to Criminal Courts. One important feature of this Act is that it has been given the retrospective effect of any crime committed under environmental laws and thus any crime previously committed but is not taken before any court can be taken before the Environment Court or any special Magistrate.The Court has jurisdiction over, in accordance with the Act provisions, the trial of an offense or for compensation under an environmental law, imposing penalties for violation etc.National Policy for Arsenic Mitigation, 2004Provides a framework for the provision of water supply for areas/aquifers with high arsenic levels. Roles for agencies are specified for development of water supply systems, certification of arsenic removal technology, and disposal of treatment sludge. Arsenic-prone area also identified.Considered in design and project preparation. Water supply is considered under this policy.Pourashava Ordinance (Second Amendments) 1988; Municipal Administration Ordinance 1960These ordinances have clearly assigned responsibilities to the LGIs to ensure urban health for their residents. It has given them the mandate to ensure and provide a wide range of primary and public health services including primary health care, sanitation, water supply, drainage, food and drink, birth and death registration, vector and infectious disease control, etc. As independent autonomous bodies, the LGIs, as necessary, may take all required actions to ensure good health for tourist and concerned population within its jurisdiction. They have the authority to address all related issues with their legal and administrative mandate.The Project integrated community and workers health and hygiene at the construction stage, and this will be taken forward during the operation and maintenance of the infrastructure facilities for tourists, local community and other concerned peoples.National Forestry Policy, 1994Rules related to forest protection, often a domain of environmental management, are found in the Policy. Due to the death of forests, afforestation is actively pursued with targets to “implement programs of tree plantation and afforestation on fallow and hinterland, the bank of the pond and homestead land, which are under private ownership.”It is desirable to incorporate tree planting in the Project (Where it is practical).Bangladesh Labor Act, 2006The Act provides the guidance on employer’s extent of responsibility and workers’ extent of rights to compensation in case of injury by accident while working.Provides for the safety of workforce during the construction period.National Water Policy, 1999The Policy explicitly states 6 main objectives: (i) address the use and development of groundwater and surface water in an efficient and equitable way; (ii) ensure the availability of water to all parts of the society; (iii) accelerate the development of public and private water systems through legal and financial measures and incentives, including appropriate water rights and water pricing rules; (iv) formulate institutional changes, encouraging decentralization and enhancing the role of women in water management; and (v) provide a legal and regulatory framework that encourages decentralization, consideration of environmental impacts, and private sector investment.Water supply should be under this considerationBangladesh Standard Specification for Drinking Water, 1990Formulation and revision of national standards. Now it is incorporated into the schedule of ECR 2023Water supply should be under this considerationNational Agriculture Policy, 1999The act deals with the programs related to make the nation self-sufficient in food through increasing production of all crops, including cereals, and ensure a dependable food security system for allMinistry of AgricultureThe National Water Policy, 1999Protection, restoration and enhancement of water resources;Ministry of ResourcesNational Biodiversity Strategy and Action Plan (2004)Conserve, and restore the biodiversity of the country for well-being of the present and future generations;Ministry of Environment and Forest Bangladesh Wild Life Advisory BoardMaintain and to improve environmental stability for ecosystems;Ensure preservation of the unique biological heritage of the nation for the benefit of the present and future generations;Guarantee the safe passage and conservation of globally endangered migratory species, especially birds and mammals in the country; andStop introduction of invasive alien species, genetically modified organisms and living modified organisms.The Protection and conservation of Fish Act 1950 subsequentDeals with the protection/conservation of fishes in Government owned water bodiesDepartment of Fisheriesamendments in 1982The embankment and Drainage Act 1952Describe the protection of embankment and drainage facilitiesMinistry of Water ResourcesInspection and Enforcement Manual 2008This manual has been written to provide national standard and uniformity environmental sampling for the inspections, investigations in the Department of Environment (DOE) in Bangladesh.Will be considered at the time of environmental monitoring during the implementation of EMPAcquisition and Requisition of Immovable Properties Ordinance 1982The government made rules in the exercise of the powers conferred upon by section 46 of the acquisition and requisition of the immovable property ordinance, 1982 (Ordinance No. II of 1982). ARIPO sets the Government rules and regulations governing all cases of land acquisition.If any acquisition is required, this will be considered EIA = Environmental Impact Assessment, EMP =Environmental Management Plan, ETP = effluent treatment plant, IEE = Initial Environmental Examination, km = kilometer, LGI = Local Government Institution, TOR = terms of reference