Table 4 - 2 in Saidabad Water Treatment Plant Project, Phase III

Table 4-2: Harmonized environmental policies of WB/IFC and GOB Sl. No.AspectEIB/World Bank/IFC RegulationNational Bangladesh RegulationIdentified gaps and Harmonized Framework1Environmental Policy and RegulationsThere are EIB/WB Environmental and Social Framework, Environmental and Social Policy and Environmental and Social Standards (ESSs) and IFC Sustainability Frameworks IFCEnvironment Conservation Act 1995 is currently the main act governing environmental protection in Bangladesh, which replaced the earlier environment pollution controlIn most of the cases national requirements and standards for environment quality are in match with EIB/WB/IFC Policy and Standards (For example, Environmental Assessment is compulsory for both requirements). However, there are some parameters when national and EIB/WB/IFC requirements and standardsactivities. ECA also falls within the category of natural and cultural heritage.2Screening and categorizationEIB/WB/IFC carries out project screening and categorization at the earliest stage of project preparation when sufficient information is available for this purpose. Risk classification under the ESF replaces three static categories (A / B / C) with four more readily adjustable categories (High / Substantial / Moderate / Low); this allows for greater precision and differentiation. It also builds on the risk classification system under the safeguard policies by better accounting for Borrower capacity and commitment as well as the specific context in which the project will be implemented. As the risk classification is reviewed on a regular basis and may be adjusted throughout the life of a project, risk management and allocation of resources and oversight by the Bank in exercising its due diligence may also change.It is mandatory to obtain Environmental Clearance for each and every type of industry and project as per Bangladesh Environment Conservation Act, 1995 (Amended 2010). For the purpose of issuance of Environmental Clearance Certificate, the industrial units and projects shall, in consideration of their site and impact on the environment, be classified into the following four categories as per ECR 2023: • Green • Yellow • Orange • Red.EIB/WB/IFC and Bangladesh project categorization could be Harmonized by accepting the following principle: EIB/WB/IFC category: (DoE High Risk: Category Red; Substantial Risk: Orange (mostly); Moderate Risk: Yellow; Low Risk: Green. The proposed subprojects can be Moderate Risk in accordance with EIB/WB ESS or IFC PSs. In the case where EIB/WB/ IFC and national categorization requirements differ, the more stringent requirement will apply.3Environmental and Social Impact Assessment ReportIn accordance with Environmental and Social Policy (ESP of ESF 2016, The ESF subsequently became effective on October 1, 2018.), ESIA processes report for categoryThe EIA report has to include: (i) baseline data, (ii) project description, (iii) anticipated environmental impacts, (iv) waste management, (v) analysis ofThe present ESIA has been prepared in fulfilling the national as well as EIB/WB/IFC requirements.A projects include the following chapters: (a) description of the Project; (b) policy, legal and administrative framework, including the international and national legal framework applicable to the Project; (c) scoping, including stakeholder identification and consultation plan; (d) analysis of alternatives, including the “without Project” situation; I baseline environmental and social data; (f) evaluation of environmental and social risks and impacts; (g) public consultation and informationemergency situation, and (vi) and anticipated changes due to project implementation. Information on applicable laws and regulation usually is presented in “Introduction” part. For the projects of category Orange B, the EIA report is more simplified. For Green and Orange-A an EIA repoIt is not required4ESMPESMP should be prepared and should specify, along with the proposed mitigation activities, a monitoring plan and reporting requirements, institutional arrangements for ESMP implementation. For project of Moderate risk with medium impact ESMP checklist has to be filled.National legislation on EIA requires to identify possible impacts, but it does not require a preparation of separate EMP or any other environmental documents/ plans/ checklists. There is no requirement on environmental monitoring with specification of monitoring parameters and location.An ESMP has been prepared and included in the present ESIA.5Public Consultations and DisclosureThe Borrower is responsible for conducting at least one meaningful consultation for all Moderate Risk project to discuss the issues to be addressed in the ESMP or to discuss the draft ESMP itselfConducting of public consultation is not mandatory. It may be conducted, if required at the time of the EIA (second stage of EIA). Notice to relevant agencies and no object clearance from the local GovernmentPublic consultations have been carried out with the stakeholders, affected people, NGOs as part of the present ESIA, in line with the WB/IFC requirements. The feedback received from the Public Consultations has been used to finalize the present ESIA.authority must be obtained.6Biodiversity Conservation and Sustainable Management of Living Natural ResourcesBased on the environmental and social assessment, the requirements of the ESS/PS-6 are applied to all projects that potentially affect biodiversity or habitats, either positively or negatively, directly or indirectly, or that depend upon biodiversity for their success. The borrower is responsible for preparing the Biodiversity Management Plan as per the risk on the biodiversity of the project.Ecologically critical Area (ECA) means such area which is rich in unique biodiversity or due to the importance of environmental perspective necessary to protect or conserve from destructive activities. ECA also falls within the category of natural and cultural heritage. There are 13 ECA gazette by the DoE to conserve the biodiversity for sustainable management of living natural resources.Ecological Studies as baseline study of the Environment have been carried out to assess the requirements of the Biodiversity Management Plan of this Project Study to comply with the national requirements as well as the EIB/WB/IFC suggestion for the sustainable management of living natural resources.7Requirements on Cultural HeritagesEIB/WB/IFC ESS/PS 8 requires development of Cultural Recourses field-based survey to conserve cultural resources and avoid destroying or damaging them under the ProjectDepartment of Archaeology is the concerned authority for the preservation, presentation and promotion of our glorious cultural heritage. At present the department owns 448 heritage sites Article 24 of the constitution of Bangladesh says that the state shall adopt measures for the protection against disfigurement, damage or removal of all monuments, objects or places of special artistic or historic importance or interest. Bangladesh also has the Antiquities Act, 1968 that provides the modes of protection and preservation of things which are part of our national history and heritage.Chance Find Procedures have been included in the ESIA as Annex-E.