Legal framework inplace to protect the environment

Earlier this week, Department of Environment (DoE) in Chattogram fined Mahmudul Islam Chowdhury, owner of Saleh Carpet Mill and former city administrator of Chattogram City Corporation, Tk 1 lakh for leasing out land to Hanga International, a factory that recycles scrap metal and iron from shipbreaking yards. It also fined Sonaichhari Union Parishad Chairperson Monir Ahmed Tk 1 lakh for issuing trade licence without DoE clearance.

The shipbreaking industry, although highly profitable, has severe adverse impacts on the environment: these include air pollution, and discharge of hazardous wastes like oil, asbestos and heavy metal.

Laws of Bangladesh also acknowledge the harmful impacts of shipbreaking. Section 6D of Bangladesh Environment Conservation Act 1995 states that every ship-owner, importer and yard user must ensure that no shipwreck or shipbreaking causes environmental pollution and health hazards through discharge of hazardous waste. Section 12 of the act lays down the provision for attaining Environment Clearance Certificate (ECA) from DoE director general before establishing any industry or project.

Rule 7 of Bangladesh Environment Conservation Rules 1997 classifies industrial establishments into categories such as green, orange-A, orange-B and red. Shipbreaking is listed in orange-B. As per the rules, such establishments must first obtain a location clearance certificate and then ECA after furnishing necessary documents (including a no objection certificate from local authorities).

In response to the High Court Division's directions in the judgment of a public interest litigation filed by Bangladesh Environmental Lawyers' Association, The Ship Breaking and Recycling Rules, 2011 was formed, which is applicable for regulating yards used for ship recycling.

Under the rules, the local authorities may allow a yard to be used for ship recycling upon availability of valid documents such as DoE authorisation for handling hazardous waste, license for Ship Recycling Facility Plan (SRFP) and approval from Ship Building and Ship Recycling Board.

Rule 46.1 states that any yard operating ship recycling activities without SRFP shall be fined a maximum of Tk 5 lakh, and the yard lease agreement can be ceased. Non-compliance with such regulations shall be dealt with laws such as Bangladesh Environment Conservation Act 1995 and Environment Court Act 2010.