How To Obtain An Environmental Clearance Certificate (ECC) In Bangladesh

As Bangladesh continues to experience rapid industrialization and economic growth, it’s crucial to pay attention to the environmental impact of this development. To Obtain an Environmental Clearance Certificate (ECC), it is necessary for any industrial unit or project in Bangladesh to comply with the Bangladesh Environment Conservation Act. The ECC is a legal requirement aimed at protecting and improving the environment, preserving natural resources, biodiversity, wetlands, forests, and wildlife. In this article, we will discuss the importance of obtaining an ECC, the steps to obtain it, and the rules and regulations to follow as per the government of Bangladesh to ensure your project complies with environmental regulations and avoids any legal issues. 

Summary Of Environmental Conservation Act of 1995

The Environmental Conservation Act (ECA) of 1995 is the primary act governing environmental protection in Bangladesh.  Its main objectives are to conserve the natural environment, improve environmental standards, and control environmental pollution and mitigate it. The ECA ‘95 was amended in 2010 to make it more effective and up-to-date with the current environmental challenges faced by Bangladesh. 

Under Article 12 of the ECA ’95, no industrial unit or project can be established or undertaken without obtaining an Environmental Clearance Certificate (ECC) from the Director General in the manner prescribed by rules. The Environmental Conservation Rules (ECR) of 1997 were enacted to specify the relevant rules for implementing the ECA ’95.

The ECR ’97 (Amended 2002) consists of a categorized list of projects, procedures for obtaining environmental clearance, and ambient standards for water pollution, air pollution, and noise, as well as permitted discharge/emission levels of water and air pollutants and noise by projects. The list categorizes projects into four categories: Green, Orange-A, Orange-B, and Red. The categorization depends on the potential environmental impact of the project.

Project Categories & ECC Requirements

The Environmental Conservation Rules, 1997 categorize different types of projects based on their potential environmental impact. These categories are Green, Orange-A, Orange-B, and Red, with Green being the least environmentally damaging and Red being the most.

Green

These are the projects that are considered to have no or minimal negative environmental impact. Examples of Green Category Projects include small-scale construction projects, office buildings, and certain types of agricultural projects. The industrial units under this category require the following documents – 

• Application through prescribed form-3 under Environment Conservation Rules 1997.
• Prescribed fees under schedule-13 under Environment Conservation Rules 1997 (Amended 2002).
• General information about the industrial unit or project.
• The exact description of the raw materials and the manufactured product.
• No objection certificate (Prescribed Form) from the local authority.

For Green category projects, there is no need for site clearance and the ECC process is completed within 15 days. 

Orange-A

These projects have a moderate level of environmental impact and require a more detailed Environmental Impact Assessment (EIA). Examples of Orange-A Category Projects include small-scale thermal power plants, medium-sized manufacturing units, and certain types of mining projects. Such industries require the documents mentioned below – 

• Application through prescribed form-3 under Environment Conservation Rules 1997.
• Prescribed fees under schedule-13 under Environment Conservation Rules 1997 (Amended 2002).
• General information about the industrial unit or project.
• The exact description of the raw materials and the manufactured product.
• No objection certificate (Prescribed Form) from the local authority.
• Process flow diagram.
• Layout Plan (showing the location of the Effluent Treatment Plant).
• Effluent discharge arrangement.
• Outlines of the plan for relocation, and rehabilitation (if applicable).
• Other necessary information (if applicable).

For Orange A category projects, it takes around 30 days for site clearance and 15 additional days for ECC. 

Orange-B

These projects have a significant impact on the environment and require a comprehensive EIA. Examples of Orange-B Category Projects include large-scale thermal power plants, large-scale manufacturing units, and certain types of mining projects. These are the required document for this category – 

• Application through prescribed form-3 under Environment Conservation Rules 1997.
• Prescribed fees under schedule-13 under Environment Conservation Rules 1997 (Amended 2002).
• Report on the feasibility of the industrial unit or project (applicable only to the proposed industrial unit or project).
• Report on the Initial Environmental Examination of the industrial unit or project, and also the process flow diagram, Layout Plan (showing the location of the Effluent Treatment Plant), and design of the Effluent Treatment Plant (ETP) of the unit or project (these are applicable only for a proposed industrial unit or project).
• Report on the Environmental Management Plan (EMP) for the industrial unit or project, and also the Process Flow Diagram, Layout Plan (showing the location of the Effluent Treatment Plant), design of the Effluent Treatment Plant, and information about the effectiveness of the ETP of the unit or project, (these are applicable only for an existing industrial unit or project).
• No objection certificate (Prescribed Form) from the local authority.
• Emergency plan relating to adverse environmental impact and plan for mitigation of the effect of pollution.
• Outline of the relocation, and rehabilitation plan (where applicable).
• Other necessary information (where applicable).

For Orange B category projects, the site clearance time increases to around 60 days and 30 additional days to obtain ECC. 

Red

These projects have the most significant impact on the environment and require a detailed EIA along with a public hearing. Examples of Red Category Projects include oil refineries, chemical factories, and large dams. The required time frame to get ECC for this category is the same as for the Orange B category and the required documents are – 

• Application through prescribed form-3 under Environment Conservation Rules 1997
• Prescribed fees under schedule-13 under Environment Conservation Rules 1997 (Amended 2002)
• Report on the feasibility of the industrial unit or project (applicable only to the proposed industrial unit or project)
• To provide the necessary documentation for obtaining an Environmental Clearance Certificate, several reports and documents are required. These include the Report on the Initial Environmental Examination (IEE) related to the industrial unit or project, as well as the terms of reference (ToR) for the Environmental Impact Assessment (EIA). Alternatively, an Environmental Impact Assessment (EIA) report can be prepared based on previously approved ToR. In addition, a Layout Plan that shows the location of the Effluent Treatment Plant, a Process Flow Diagram, and the design and time schedule of the Effluent Treatment Plant of the unit or project are also required. It’s important to note that these documents are applicable only to proposed industrial units or projects.
• Report on the Environmental Management Plan (EMP) for the industrial unit or project, and also the Process Flow Diagram, Layout Plan (showing the location of the Effluent Treatment Plant), design, and information about the effectiveness of the Effluent Treatment Plan of the unit or project (these are applicable only for an existing industrial unit or project)
• No objection certificate (Prescribed Form) of the local authority
• Emergency plan relating to adverse environmental impact and plan for mitigation of the effect of pollution
• Outline of relocation, and rehabilitation plan (where applicable)
• Other necessary information (where applicable)

It is essential to know which category your project falls into as it determines the level of scrutiny it will undergo during the evaluation process. Depending on the project category, additional permits and clearances may also be required before an ECC can be issued.

Procedure to Obtain an Environmental Clearance Certificate

To obtain Environmental Clearance Certificate (ECC) in Bangladesh, you need to follow the application process and provide the required documentation. Here are the steps you need to take to obtain an ECC:

1. Identify which category your industry or factory falls under to determine the correct application form to fill out.
2. Arrange the necessary documents as per the checklist provided in the application form. It’s recommended to hire a business lawyer in Bangladesh to ensure that the document arrangement is up to date.
3. Submit the completed application form and supporting documents to the Department of Environment (DOE) and pay the registration fees.
4. The DOE will verify your application and supporting documents. During this time, it’s essential to maintain contact with the Department of Environment to ensure a smooth process.
5. An inspection officer from the DOE will conduct an inspection after verifying all the documents.
6. For Orange-B and Red Category projects, an Environmental Clearance Committee will hold a meeting to discuss the application.
7. The authority will make a decision at the meeting.
8. If the DOE is satisfied, they will issue an Environmental Clearance Certificate.

Fees and Charges

The fees and charges to obtain an Environmental Clearance Certificate (ECC) in Bangladesh vary depending on the type and scale of the project. The Bangladesh Environmental Conservation Act outlines the fees for ECC applications, which range from BDT 1500 for small-scale projects to BDT 5,00,000 for large-scale projects.

The Environmental Clearance Certificate will be valid for three years from the date of issuance for the Green Category and for one year for all other categories. Nonetheless, it’s important to note that every Environmental Clearance Certificate must be renewed at least thirty (30) days before its expiry. This ensures that the project continues to comply with environmental regulations, avoids legal issues, and promotes sustainable development.