Air pollution occurs when harmful or excessive quantities of substances are introduced into Earth’s atmosphere. Sources of air pollution include gases such as ammonia, carbon monoxide, sulphur dioxide, particles, toxic metals, such as lead and mercury, odors, radioactive pollutants etc, these are not greenhouse gases but harmful for health. It may cause diseases, allergies and even death to humans.

Global initiatives for protection air quality largely covered in the principles declared by the Rio Declaration on Environment and Development and few other conventions. Many Countries including Bangladesh who are signatory to Rio Declaration, reflected in the principles by enacting national legislation. In Bangladesh, Bangladesh Environment Conservation Act, 1995, defines all kind of pollution including air, creates a department of environment, confers power to make rule, investigate, assess impact, issue clearance certificate and impose penalty if necessary.

Many construction projects pose a great threat to the air quality of a particular area. It is therefore important to know the legal parameter and long-term and short-term impact of such the steps required to be taken to for measuring, testing and mitigate such risks to secure project approval and environmental clearance.

• Draft Clean Air Act 2019 is now under review.

• Brick Production and Brick Kiln Building (Control) Act of 2013 amended in 2019 imposed a ban on certain areas where brick field setting would be deemed illegal. The areas include residential, reserved, or commercial, city corporation, municipality or upazila sadar, wetland, crop field, ecologically critical area, forest and degraded air shed area.

• Motor Vehicle Ordinance 1983 section 150 (1) states whoever drives or causes or allows or lets out a motor vehicle for use in any public place, the smoke of which would constitute a health hazard, shall be punishable with fine which may extend to [two hundred] Taka.

Rahman’s Chambers assist with permit negotiations and appeals, planning for new or expanding operations, compliance, monitoring and reporting requirements, defending enforcement actions including:

• Project Due diligence 
• Advising Ambient Air Quality Standards
• Emission limits and emission control technologies
• Banking and trading of Emission Reduction Credits
• Developing policies and rules
• public interest/Third-party litigation

The earth’s climate change is determined in large part by the presence in the atmosphere of naturally occurring greenhouse gases. Their presence exerts a warming influence on the earth. Continued increase greenhouse gases in atmosphere due to human activities are surely leading to greenhouse effect and global climate change.

Bangladesh is one of the largest deltas in the world which is highly vulnerable to Natural Disasters because of its Geographical location, Flat and low-lying landscape, Population density, Poverty, Illiteracy, Lack of Institutional setup etc. In other words, the Physical, Social as well as Economic conditions of Bangladesh are very typical to any of the most vulnerable countries to Natural Disasters in the world. Adverse effects of Climate Change are High Temperature, Sea-level Rise, Cyclones and Storm Surges, Salinity Intrusion, Heavy Monsoon Downpours etc. has aggravated the overall Economic Development scenario of the country to a great extent.

• The Sustainable Development Goals (SDGs) were born at the United Nations Conference on Sustainable Development in Rio de Janeiro in 2012. The objective was to produce a set of universal goals that meet the urgent environmental, political and economic challenges facing our world. The SDGs replace the Millennium Development Goals (MDGs), which started a global effort in 2000 to tackle the indignity of poverty.

• 2016 Paris Agreement, an agreement within the UNFCCC, reached near universal participation and acceptance of responsibility, dealt with greenhouse-gas-emissions mitigation, adaptation, and finance. Under the Paris Agreement, each country must determine, plan, and regularly report on the contribution that it undertakes to mitigate global warming. No mechanism forces a country to set a specific emissions target by a specific date, but each target should go beyond previously set targets.

• The SDGs coincided with Paris Agreement. Together with the Sendai Framework for Disaster Risk Reduction, signed in Japan in March 2015, these agreements provide a set of common standards and achievable targets to reduce carbon emissions, manage the risks of climate change and natural disasters, and to build back better after a crisis.

While climate change mitigation and adoption effort of SDGs engages both international and national players, SDGs (Goal 12), aims to “ensure sustainable consumption and production patterns” by “encouraging industries, businesses and consumers to recycle and reduce waste and supporting developing countries to move towards more sustainable patterns of consumption by 2030.”

It is said that SDGs don’t just help the environment — they burnish both the brand and the bottom line. SDGs represent a growth opportunity for companies: consumers in emerging and frontier markets could be worth few trillions. Competitive pressure to help with the goals is likely and companies could gain a first-mover advantage by positioning themselves as SDG leaders.

• Bangladesh amended its Constitution in 2011 and incorporated Article 18A stating: “The state shall endeavour to protect and improve the environment …”.

• Govt also created a climate change trust to administer fund received from budgetary allocation or donation etc by enacting Climate Change Trust Act 2010.

• The Hon’ble Supreme Court of Bangladesh held right to life includes to live in a healthy atmosphere and free of environmental hazard as fundamental rights guaranteed under Article 32 (Right to Life) of the Constitution [ Mohiuddin Farooque vs Bangladesh 55DLR(2003)69]

• Seventh Five-Year Plan (2016-2020): Seventh Plan’s articulation of a sustainable development strategy involves a large array of actions under three key themes: (i) Climate Change Management and Resilience (comprised of adaptation and mitigation) (ii) Environmental Management; and (iii) Disaster Management. These actions are aligned with the overall framework and strategies of National Sustainable Development Strategy (NSDS), and are broadly consistent with the scope of the post-2015 Sustainable Development Goals (SDGs)

Although while at project approval stages for yellow, red category of projects, are required to provide Initial Environmental Examination Report (IEE) or Environmental Impact Assessment (EIA) report respectively addressing among many issues climate change impact and also mitigation measures issues, the same is not enough for various reasons. To gain a first-mover advantage by positioning themselves as SDG leaders, the companies are required to do as follows:

1. Assess the SDGs against company policies and practices.
2. Use the SDGs to inform strategy development.
3. Review the SDGs as part of target setting.
4. Apply the SDGs to impact monitoring and measurement.
5. Consider the SDGs as part of reporting, such as an SDG index.

We work with clients to determine how climate change may implicate air, water, land other areas of concern. Our service includes:

• Assist client with Initial Environmental Examination Report (IEE) or Environmental Impact Assessment (EIA) report that may have climate change implications.
• Counsel clients on all climate change related compliance and reporting requirements and other legal obligations
• Counsel clients on clean emission and modelling technologies.
• Registering and protecting trademarks to develop branding around green and sustainable products and services
• Assist with international carbon trading.

Environmental concerns should not get in the way of completing your transaction – whether involving a single parcel, assets or stock in a company, or merger. We will work with you to identify the relevant environmental issues and help you resolve them in a manner designed to protect you and assist in closing the deal.

We work closely with the firm’s other practice groups to evaluate environmental issues for a variety of business transactions. We conduct due diligence on real estate, corporate and commercial transactions, mergers and acquisitions, industrial properties, purchases and sales, and corporate restructurings. We work with our clients and, where appropriate, with environmental consultants to minimize environmental liabilities – all while keeping the clients’ business priorities and goals in mind.

We work with clients regarding:

• Environmental due diligence site investigations
• evaluation of regulatory compliance and potential liabilities of target companies
• Review and compliance with transaction-triggered law
• Drafting and negotiation of environmental contract language, such as representations, warranties, indemnities and definitions
• Environmental permit compliance status and transfers
• Incentives and financing availability
• Avenues to eliminate or minimize liability after purchase, including qualifying for and monitoring status of bona fide prospective purchaser
• Post-closing environmental due care and continuing obligations

Businesses often feel overwhelmed and on their own when facing environmental cleanup and liability claims. In many instances, however, insurance coverage may provide the financial resources needed to defend and respond to environmental claims. In global context, Environmental and pollution-related claims may be covered under several types of insurance policies, including comprehensive general liability, property and casualty etc. In Bangladesh the scope is limited. However, the refinance scheme of Central Bank should be great opportunity for business people  to widen their scope of doing business.

• Environmental Risk Management Guidelines for Banks and Financial Institutions in Bangladesh: Environmental insurance is a specialist form of insurance providing cover against losses that could be incurred as a result of action arising due to environmental conditions, environmental / pollution impacts and climate change impacts. Insurance products are an effective mechanism to transfer risks associated with financing transactions and can be developed and used by Banks/FIs.

• Green Delta Insurance Company, in cooperation with GIIF and IFC, pioneered weather index insurance in Bangladesh with an aim to mitigate farmers’ risks and losses associated with uncertain weather changes. The distributor partners has a major role to play in adding policy coverage and and collecting premium. It has advanced automation of claims settlement processes using technology.

• Central bank has opened a sustainable finance department and framed policy of refinance scheme for participating Banks and NBFIs offering finance with low rate interest for sustainable development project e.g. waste management, ETP, renewable energy etc.

We provide advice and support for:

• risk assessment and negotiation of new policies and coverage
• interpretation and construction of existing policies
• Due diligence for new project or expansion 
• advice on your rights and obligations in the event of a loss 
• enforcement of your rights. 

Bangladesh is a signatory of Basel Convention and Stockholm Convention. Bangladesh banned import of all sorts of waste in the Import Policy Order. Our legal framework on hazardous wastes centers on the Ship breaking and Recycling Rules of 2011 and Medical Waste Management and Processing Rules 2008 promulgated under the Environment Protection Act 1995 (amended). E-Waste management rules 2019 still in draft stage. However, there was no significant direct legislative support focused on management of hazardous waste. Hazardous waste management remains a relatively unpublished aspect of the industrial development of Bangladesh.

• The Basel Convention on the Control of Trans-boundary Movements of Hazardous Wastes and Their Disposal, usually known as the Basel Convention, is an international treaty that was designed to reduce the movements of hazardous waste between nations, and specifically to prevent transfer of hazardous waste from developed to less developed countries (LDCs). It does not, however, address the movement of radioactive waste. The Convention is also intended to minimize the amount and toxicity of wastes generated, to ensure their environmentally sound management as closely as possible to the source of generation, and to assist LDCs in environmentally sound management of the hazardous and other wastes they generate. Bangladesh is a party to the convention.  

• Stockholm Convention on Persistent Organic Pollutants is an international environmental treaty, aims to eliminate or restrict the production and use of persistent organic pollutants (POPs). Persistent organic pollutants (POPs), sometimes known as “forever chemicals” are organic compounds that are resistant to environmental degradation through chemical, biological, and photolytic. Because of their persistence, POPs bioaccumulate with potential adverse impacts on human health and the environment. -source Wikipedia

The ‘Red’ category of industrial units, require site clearance and Initial Environmental Examination or Environmental Impact Assessment Report for environmental clearance for project construction, reconstruction & extension. While orange category requires effluent treatment proposal i.e. installation of effluent treatment plants (ETP). However, the operation of the plants by respective factories cannot be ensured due to lack of adequate inspection and monitoring.

• Bangladesh Environment Conservation Act of 1995, the Environmental Court Act of 2000, and the Environmental Conservation Rules of 1997, which together provides a basic regulatory framework.

• The Factory Act, 1965: The act address with cleanliness, disposal of wastes and polluted liquids, air circulation and temperature control, control of dust, sand and smoke, artificial ventilation, heavy traffic arrangement of sufficient light, drinking water, toilet, latrines etc. within the mills and factories.

• Environment Conservation Rules (1997), according to which all new industries and projects must apply for an Environmental Clearance Certificate. Industries are classified according to their potential impact on the environment into four categories – Green, Orange-A, Orange-B, and Red. Green industries are automatically granted a certificate.

• Medical Waste Management and Processing Rules 2008 prescribes the process of manage Medical waste.

• Govt also issued notification in 2006 prohibiting illegal disposal, processing of lead battery without permits.

• The Ship Breaking and Recycling Rules, 2011 rules deals with hazardous waste generated from the yard

Seven types of most hazardous industrial wastes generating industries identified were textile, hospital clinics, tannery, pesticides, fertilizer, oil refinery and paper and pulp. We provide practical solution to the client while framing regulation or setting up orange or red category project.  Our services include:

• We advise Hazardous waste generators, transporters and owners/operators of treatment/storage/disposal facilities
• We advise Classifications of hazardous waste and permission. and non-hazardous waste.
• We advise on Recycling and beneficial re-use options
• We advise clients on compliance with local laws and international conventions.
• We help shape national waste management policy
• We advise agricultural sites, including pesticide and herbicide storage and management.
• We advise client on green opportunity. 

Maintaining and restoring land resources can play a vital role in tackling climate change, securing biodiversity and maintaining crucial ecosystem services, while ensuring shared prosperity and well-being. Healthy and productive land can play an unparalleled role as an engine of economic growth and a source of livelihood for billions worldwide, including the most vulnerable populations. Estimates show that millions people worldwide are chronically undernourished, often as a direct consequence of land degradation, declining soil fertility, unsustainable water use, drought and loss of biodiversity.

• The Convention on International Trade in Endangered Species of Wild Fauna and Flora 1973 provides the framework for the repression of illicit wildlife trafficking. 
• The United Nations Convention on Biological Diversity (CBD) 1992 provides a regulatory framework for the conservation of biological resources at the international level. It has the distinction of being the first multilateral instrument that considers the potential dangers posed by Living Modified Organisms (LMOs) to biodiversity preservation.
• Bangladesh is a party to both Conventions and the Biosafety Protocol. 

In Bangladesh, major threats to bio-diversity includes rapid, unplanned urbanization and industrialization, conversion of forests and wetlands into agriculture or other form of land use, population pressure over scarce natural resources, unsustainable use and over exploitation of natural resources, changes of land use pattern and fragmentation of habitat, air and water pollution, over-harvesting of natural resources, growing demand for producing more food crop with over use of chemical fertilizers and pesticides, allocation of bio-diversity rich areas or natural forests for development intervention, uncontrolled tourism in bio-diversity rich areas etc.

Sustainable Land Management

The sustainable land management (SLM) and restoration of terrestrial resources are vital to enhancing agricultural productivity especially for small-scale food producers. SLM ensures sustainable food production and resilient agricultural practices, as well as the efficient use of natural resources, thus contributing to human well-being.

Fuel for life

Climate change requires a rethink and a bold move towards renewable energy sources. By 2030, nearly three billion people will rely on biomass for cooking and heating. The sustainable management of land and water is pivotal to ensure a reliable, affordable and sustainable energy supply for all.

Working with nature:

By 2030, almost 60 per cent of the world’s population will live in urban areas. It is critical to promote integrated spatial development planning approaches to optimize the allocation of resources, on which  human settlements in urban and peri-urban areas rely. Health benefits and disaster prevention are additional advantages that sustainable land use planning can provide.

Land matters for climate

Without proper consideration of the land sector, we cannot get to a 2° C stabilization pathway and deliver climate-change resilient landscapes. Improved land use and management, such as low-emissions agriculture, agro-forestry and ecosystem conservation and restoration could close the remaining emissions gap by up to 25 per cent, while reducing the risks posed by climate change and developing the resilience of key sectors.

Factors which seems responsible for deteriorating of water management situation are e.g. unrestricted extractions, growing urban demand, climate change, land-use changes, loopholes in Environmental Impact assessment regulation, failure to take environmental clearance, lack of regulation of solid waste management, untreated effluent etc.

Property (Emergency) Acquisition Act, 1989 was formulated to expedite the emergency acquisition of land to enable the government to control inundation, flood and upsurge caused by natural calamity and to prevent river erosion. 

The Bangladesh Forestry Act 1927 The Bangladesh Forestry Act (BFA) of 1927 provides for reserving forests over which the government has an acquired property right. This act has made many types of unauthorized uses or destruction of forest produce punishable. The government may assign any village community its right to or over any land, which constitutes a reserved forest. 

Bangladesh Bio-diversity Act 2017 Bangladesh has formulated 1st National Bio-diversity Strategy and Action Plan (NBSAP) in 2006, and second NBSAP (2016-2021) in 2015 to guide bio-diversity conservation efforts. 

Wildlife (Conservation and Security) Act, 2012, Wildlife (Preservation and Security) Act, 2012 which repealed the earlier enactment.  Section 3(1) of which enables the government to constitute a Wildlife Advisory Board comprised of experts on conservation of biodiversity, forests and wildlife.

 

Our services include:

• Development of policies and rules for concerned department.
• Compliance counselling and due diligence
• Permit negotiations, appeals, and enforcement
• Obtaining variances from quality standards
• Assisting clients starting new operations and facility expansions and modifications

Solid waste disposal poses a greater problem because it leads to land pollution if openly dumped, water pollution if dumped in low lands and air pollution if burnt. Major cities in Bangladesh faces serious environmental degradation and public-health risk due to uncollected disposal of solid waste on streets and other public areas, clogged drainage system by indiscriminately dumped wastes and by contamination of water resources near uncontrolled dumping sites.

Although there is provision for permits and licenses for hospitals, commercial establishments, and construction firms, however, many are operating without having valid environment clearance certificates. In many hospitals, no safe system has yet been developed to manage the medical waste generated daily in different government hospitals and private clinics. As a result, the wastes keep accumulating in open spaces at hospital premises, nearby areas, and canals and lowlands. They are often dumped in rivers, canals, or roads due to a lack of designated spaces causing serious health and environmental risks.

• Depending on their source the solid waste may of different type such as Residential waste, Industrial, Institutional, Construction and demolition and Municipal services

• Depending on characteristic if a solid waste is Corrosive: include acids, Ignitability: this is waste that can create fires, Reactive: cause explosions, toxic fumes when heated, Toxicity: waste which are harmful or fatal when ingested or absorb, then it is categorized as Hazardous Waste.

• Solid Waste management (or waste disposal) is the methodology “to reduce the volume of toxicity of solid waste and manage the recycling and disposal of what is remains in an environmentally sound fashion” Allen Blakey. The best way to manage waste is to prevent creation in the first place e.g. eliminating packaging, product designing, reduction of toxicity, etc, followed by recycling, combusting and landfill

A major environmental concern is gas release by decomposing garbage. Methane is a by-product of the anaerobic respiration of bacteria, and these bacteria thrive in landfills with high amounts of moisture. A second problem with these gasses is their contribution to the enhanced greenhouse gas effect and climate change.

Direct health risks concern mainly the workers in this field, who need to be protected, as far as possible, from contact with wastes. There are also specific risks in handling wastes from hospitals and clinics. For the general public, the main risks to health are indirect and arise from the breeding of disease, primarily by flies and rats.

Due diligence, planning mitigation is essential to manage risks relating to solid waste for a project like hospital, dredging etc, who requires landfill.

• We advise Classifications of waste and required permission.
• We advise on Recycling and beneficial re-use options
• We advise clients on compliance with local laws and international conventions.
• We advise new or expansion of projects on waste management legal due diligence

When surface and groundwater systems experience alterations to natural water movement, distribution, temperature, or quality, assets and ecosystems are impacted. Sometimes, those assets and ecosystems are pushed beyond their ability to rebound, resulting in the degradation of the system as a whole. Inappropriate water management can deplete water sources, pollute water systems, contribute to soil infertility and erosion. When water for the environment is effectively and adaptively planned and delivered, it can contribute to realisation of the wide range of environmental, social and economic benefits.

• Some of the most seriously affected districts are Munshigonj, Chandpur, Lakshmipur, Noakhali, Gopalganj, Faridpur, Rajbari and Shatkhira. In these arsenic affected areas, arsenic concentrations have been observed to range from below detection level to as high as 4730 g/L.

• Salinity levels in fresh water sources has been extensively observed in Nabinagar, Muradnagar, Daudkandi and some parts in the south-east region Khulna, Bagherhat and Shatkhira . Salinity is causing problems to 96 per cent rural farmers in these areas to grow major crops. However, the gradual decrease of ground water table has been observed in some regions. Some of these regions are the northwest, north-central consisting of Rajshahi, Tangail, Dhaka and Mymansingh. Lack of ground water is responsible for the scarcity of water for irrigation.

• Moreover, industrial pollution of surface water has been identified in Dhaka, Chittagong, Bogra, Khulna. More than 200 rivers are being directly and indirectly affected by untreated effluent from factories and industries. [collected]

In order to achieve sustainable development, this most important life-supporting natural resource is required to be used in the most efficient way. In Bangladesh, there are many areas which should be focused in this regard, for example – (a) improving drinking water quality which is contaminated by iron and manganese, (b) working on industrial pollution, (c) salinity in the coastal belt, (d) water depletion, (e) decrease of groundwater table etc.

• Bangladesh Water Act, 2013 govt can declare certain areas as Water Stress Areas for the protection of water sources or aquifers; and declare water zone demarcation (industrial, agricultural etc).

• National Water Policy (1999) was passed to ensure efficient and equitable management of water resources, proper harnessing and development of surface and ground water, availability of water to all concerned and institutional capacity building for water resource management.

• Wetland Protection Act, 2000 Advocates protection against degradation and resuscitation of natural water-bodies such as lakes, ponds, beels, khals, tanks, etc. affected by man-made interventions or other causes

Factors which seems responsible for deteriorating of water management situation are e.g. unrestricted extractions, growing urban demand, climate change, land-use changes, loopholes in Environmental Impact assessment regulation, failure to take environmental clearance, lack of regulation of solid waste management, untreated effluent etc.

Sustaining natural systems is key to the SDGs and achieving many of the goals depends on effective water management:

• SDG 6.6 includes a target, and associated indicator, for the protection and restoration of water-related ecosystems, including mountains, forests, wetlands, rivers, aquifers and lakes.

• SDG 6.3 aims to improve water quality by reducing pollution.

• SDG 6.4 seeks a substantial increase in water-use efficiency across all sectors, including to combat water scarcity.

• SDG 15.1 includes a target to ‘ensure conservation, restoration and sustainable use of terrestrial and inland freshwater ecosystems and their services’ by 2020

• SDG 15.9 relates to the integration of ‘ecosystem and biodiversity values into national and local planning, development processes, poverty reduction strategies and accounts’, recognition of the value of water for the environment directly facilitates achievement of this goal.

Our services include:

• Development of policies and rules for concerned department,
• Compliance counselling and due diligence
• Permit negotiations, appeals, and enforcement
• Obtaining variances from water quality standards
• Assisting clients starting new operations and facility expansions and modifications