Environmental Law

# Environment Conservation Act, 1995 এর সেকশন 6B সেকক 6E -

6B. Restrictions on cutting of hills: Cutting or razing of hills by any

person or organization which are owned or occupied by government,
semi- Government or autonomous body or private-owned, cannot be
done:
Provided that, for greater national interest cutting or razing of hills or
hillocks can be done with the authorization of the Department.
6C. Restrictions on production, import, storage, loading, transportation,
etc., of Hazardous waste: The Government may through rules, with
regard to provisions of other Acts, control production, processing,
keeping, storage, loading, supply, transportation, import, export,
disposal, dumping, etc., of hazardous waste.
6D. Restrictions on pollution by cutting or breaking of ships: Every
ship-owner, importer and user of shipyard engaged in cutting or
breaking of ship will be bound to ensure that the cutting or breaking
of ship does not cause any pollution to environment and health risk
through hazardous waste.
6E. Restrictions on matters relating to wetlands: Notwithstanding
anything contained in any law for the time being in force, any place
termed as wetland cannot be filled or changed the type of the land in
any way.
Provided that, for greater national interest the prohibitions can be
alleviated by the authorization of the department.
Question – 3. Constitution, Jurisdiction and Procedure of the Special
Magistrate Court.
Constitution of Special Magistrates Court:
There will be one or more special Magistrate Court in each district.
The Court of special Magistrate will be constituted of one Magistrate
of the First class or a metropolitan Magistrate to in environmental laws
dispose of offences mentioned exclusively or in addition to his
ordinary duties.
Jurisdiction and procedure of Special Magistrate Court:
Special Magistrate Court shall not receive any claim for compensation
under environmental law except on the written report of an Inspector.
And where a person presented a written request to the said Inspector
to accept a claim for compensation and no action was taken within 60
(sixty) days though such claim deserves to be taken into cognizance
for the purpose of trial, then the Court may directly receive the claim
for compensation without such written report, or may direct the said
Inspector to investigate the claim. In case of offences mentioned in
environmental law, investigation should be done by an inspector or
any person empowered by the Director General in this behalf, on the
basis of a written complaint or any other information. Before initiating
formal investigation he shall prepare a preliminary report. If decision
for formal investigation is taken he shall submit the preliminary report
to the police station which will be recorded as FIR or ejahar. The Code
of Criminal Procedure will be followed during investigation. After
completion of the investigation the investigating officer shall submit a
copy of report to the police station which shall be deemed to be a
police report under section 173 of the Code of Criminal Procedure.
During investigation if there is any reason to believe that any
document, article or equipment can be destroyed or removed the
investigating officer can seize it. If there is reason to believe that the
offender is likely to escape or abscond he may also arrest the
offender. If necessary the investigating officer may request any law
enforcing agency or other authority for assistance.
Special Magistrate Court is competent to impose penalty for offences
under environmental law.
1. It can impose penalty for of
 Imprisonment not exceeding five years or
 Fine not exceeding five lac taka or
 Both or
 Confiscation or destruction of anything.
2. The court can confiscate things involved with the offence and pass
order or decree in appropriate cases.
3. And in the same judgment the court can issue directions
 to the offender or other relevant persons not to repeat or
continue any noxious act,
 to the offender or other relevant person to take remedial or
preventive measures, and in that case issue direction to submit
a report to the director general on the implementation of the
direction.
Question – 4. Basic features of the ECA, 1995.
Basic Features of Environment Conservation Act
There are some features of environment conservation Act. Those are
written below:
1. First to address the environment: It is the first law which addressed
the environment in a very comprehensive way. The definition given in
the Act is a scientific definition and very wide.
2. Feature as to purpose: The purpose of enacting this law is to
conserve the environment. To improve environmental standard and
control and mitigate environment related disputes. But this law
predominantly addressed - 1. Industry, factory, company, industrial
unit, which will discharge gaseous pollutants and liquids. 2. Vehicles
emitting smoke injurious to environment, 3. Manufacturing sale etc. of
articles injurious to environment, 4. Remedial measures for injury to
the environment.
3. Overriding effect: the environment conservation Act 1995 has the
overriding effect. Section 2A, says that notwithstanding anything
contained to the contrary in any other law for the time being in force.
The provisions of this Act, rules and directions shall have effect.
4. Establishment of department of environment: Section 3 of the said
Act carries a very important establishing a department of environment
headed by the Director General. The DG of the department of
environment has been equipped with a lot of powers to discharge his
official duty.
5. Environment Clearance certificate: The Act makes it mandatory to
get environment clearance certificate for the owners of industrial
units. Section 12 says that No industrial unit or project be established
or undertaken without obtaining, in the manner prescribed by rules, an
environment clearance certificate from the Director General.
6. Power to make Rules: The government may under the Act, formulate
guidelines and rules for the purpose of carrying out the objects of the
Act.
7. Legal Action: The Act empowers the DG to file suit for compensation
or file a criminal case against any person or persons violating the
provisions of the Act. The violators are liable to imprisonment or fine
or both.
8. Good faith clause: This Act contains a good faith clause in section
18 which provides protection from legal actions to the Director
General or other officers of the environment acting in good faith within
his legal duty.
9. Providing substantive and procedural provisions: This Act is an
example of both substantive and procedural law. By nature this law is
both civil and criminal law. This Act while describing the offence
relating to environment is the substantive law while providing the
substantive mechanism to bring the violators within the bound of
environmental justice system.