Comparison between ECA-1995 & ECA -2023

The "ECA-1995" refers to the Environment Conservation Act of

Bangladesh, which was enacted in 1995 to provide a legal framework for
the conservation and protection of the environment in Bangladesh. Here
are some key provisions and features of the Environment Conservation Act
of 1995:

Declaration of Ecologically Critical Areas (ECAs): The Act empowers

the government to declare certain areas as Ecologically Critical Areas
(ECAs) based on their environmental significance. These areas are
considered environmentally sensitive and are subject to special protection
measures.

Prohibited Activities: Once an area is declared an ECA, the Act specifies

that certain activities or processes that could be harmful to the environment
cannot be initiated or continued within these areas. The Act provides the
government with the authority to determine and specify these prohibited
activities.

Environmental Impact Assessment (EIA): The Act may require

individuals or organizations planning development projects in or near ECAs
to conduct an Environmental Impact Assessment (EIA) to assess the
potential environmental impacts of their activities. The purpose of the EIA is
to ensure that development projects do not harm the ecological balance of
the ECA.

Corrective Measures: The Act grants the Department of Environment

(DoE) the authority to order corrective measures to be taken by individuals
or entities believed to be responsible for causing damage to the ecosystem
within an ECA.

Factors Considered: When declaring an area as an ECA, the Act outlines

factors that the government should take into consideration. These factors
include human habitat, ancient monuments, archaeological sites, forest
sanctuaries, national parks, game reserves, wildlife habitats, wetlands,
mangroves, biodiversity, and other relevant factors.

Constitutional Provisions: The Act is in line with the Constitution of

Bangladesh, which contains provisions for the protection and improvement
of the environment, biodiversity, wetlands, forests, and wildlife. It also
emphasizes the conservation of cultural traditions and heritage.

Legal Framework: The Act is complemented by the Environment

Conservation Rules (ECR) of 1997, which provide further details and
regulations for the implementation of the Act.

Judicial Activism: The Act has been subject to judicial activism in

Bangladesh, with Public Interest Litigations (PILs) filed in the High Court
Division (HCD) to seek protective measures for specific ECAs, such as the
Sonadia Island and the Sundarbans mangrove forest.

ECA-2023

Strengthened Conservation Measures: ECA-2023 might include more

robust and specific measures for the conservation and protection of ECAs.
It may prioritize the enforcement of rules and regulations to prevent
violations.

Budget Allocation: ECA-2023 could address the issue of inadequate

budget allocation by specifying funding mechanisms for the conservation
and management of ECAs.

Environmental Impact Assessments: To prevent violations like those

seen in the Sundarbans, ECA-2023 might require stricter environmental
impact assessments (EIAs) for industrial projects in or near ECAs. This
could ensure that such projects are carefully evaluated for their potential
environmental consequences.
Public Awareness and Participation: ECA-2023 might emphasize the
importance of public awareness and participation in ECA conservation,
involving local communities and environmental organizations in decision-
making processes.

Monitoring and Reporting: The Act could establish a system for regular
monitoring of ECAs and reporting on their ecological health and any
violations.

Coordination Among Government Agencies: ECA-2023 might include

provisions to improve coordination among different government agencies
responsible for ECA conservation.