Environmental Management Framework (emf) coastal embankment improvement project phase-i project (ceip-i) April 29, 2013 Dhaka Bangladesh Water Development Board Ministry of Water Resources Government of the People’s Republic of Bangladesh

2.3Proposed Interventions of CEIP with Possible Environmental Concern

27. 
    The project will support 5 major components. Component A – Rehabilitation and Improvement of Polders and Component B: Implementation of Social Action and Environmental Management Plan are expected to have direct environmental and social impacts. Component C- Supervision and Monitoring and Evaluation of Project Impact and Component D – Project Management, Technical Assistance, Training and Strategic Studies may qualitatively facilitate in EMP implementation monitoring and environmental capacity building respectively. No fund has been allocated now for Component E – Contingent Emergency Response and if the project requires any polder rehabilitation due to any natural disaster, environmental screening will be included there. The CEIP project will consists of typical interventions for improving the embankment locally named as polders which are explained below:
    

1. 
   Embankment raising/repairing breaching points: Most of the embankments of coastal polders were constructed many years back and has subsided naturally and therefore existing crest level is reduced from the design level. Also, some parts of embankments breached due to tidal/ storm surges during cyclone. Therefore, almost all embankments need to be raised and the breaching point should be repaired considering the present and future scenarios of tidal/ storm surge level. This will be one of the major interventions under CEIP project. This intervention will include mainly earthworks. It may need to re-align the existing embankment, usually to provide additional setback to avoid on-going \bank erosion. This could cause additional disruption to some existing settlements, beyond the strip of land required for raising crest levels.
   
2. 
   Construction/repairing of regulator and drainage cum flushing-inlet/sluice: Regulators and drainage cum flushing inlets/ sluices of many polders are not functioning properly due to natural sedimentation and poor maintenance of the structures. These structures will be rehabilitated under CEIP project to improve the drainage system in the polders. Improvement of these structures will involve mainly civil construction works, installation of equipments and shifting drainage channel (in some cases to rehabilitate the old regulators). The improved structures are to be designed to accommodate higher precipitation and effect of sea level rise on river levels due to climate change.
   
3. 
   Drainage channel re-excavation: Drainage channels in most of the coastal polders have been silted up which needs to be re-excavated to improve the drainage condition in the polder areas. The major activities for drainage channel re-excavation include dredging and disposal of spoil.
   
4. 
   Repairing/ constructing inlet: Many inlets in the drainage and irrigation channels of coastal polders will be repaired or newly constructed to maintain the drainage and irrigation facilities in the polder area. Major activities for this intervention include earthworks and civil construction.
   
5. 
   Constructing channel closure regulator: Closure Regulator may be required in some channels of coastal polders to protect from tidal/ storm surge. Closure Regulator construction will mainly include earthworks and a discharge structure to accommodate the drainage blocked by the dam.
   
6. 
   Afforestation: The component will support in secondary maintenance schemes for improved O&M, embankment afforestation for protection of embankment toe against erosion. The species for plantation should be selected appropriately. Species selection of trees on the slopes of the embankment will commence after the completion of earthworks in restored and new embankments.
   
7. 
   Environmental Management Plan: The project has incorporated implementation of Environmental Management Plan as one of the components. The project is recognizing importance of environmental management in the rehabilitation of coastal polders which is a positive direction of recognizing the importance of environmental management in project implementation.
   

Chapter 3: Environmental Policies, Legal and Administrative Framework

3.1Relevant Government Policies, Acts, Rules and Strategy

28. 
    The importance of' environmental consideration related to construction as well as rehabilitation projects has been recognized in a number of national documents that set the legal and regulatory framework for management of the water resources environment. In addition, ‘Guidelines for Environmental Assessment of Water Management, 2001’ prepared by the Water Resources Planning Organization (WARPO) under National Water Management Plan Project is a useful reference document. The major water resources management related policies are described briefly:
    

3.1.1Environmental policy, 1992

29. 
    The National Environmental Policy (NEPo) is one of the key and earlier policy documents of the Government. The policy addresses 15 sectors in all, in addition to providing directives on the legal framework and institutional arrangements. Coastal and marine environment is one of the sectors. The policy declarations that have particular bearing on the Integrated Coastal Zone Management (ICZM) are highlighted below:
    

• 
  Sustainable use of coastal & marine resources and preservation of coastal ecosystem
  
• 
  Prevention of national and international activities causing pollution in coastal and marine environment
  
• 
  Strengthening research in protection and development of coastal & marine resources and environment
  
• 
  Exploration of coastal and marine fisheries to a maximum sustainable limit
  

• 
  ensure environmentally-sound utilization of all water resources:
  
• 
  ensure that water development activities and irrigation networks do not create adverse environmental impact;
  
• 
  ensure that all steps are taken for flood control, including construction of embankments, dredging of rivers, digging of canals, etc, be environmentally sound at local, zonal and national levels;
  
• 
  ensure mitigation measures of adverse environmental impact of completed water resources development and flood control projects;
  
• 
  keep the rivers, canals, ponds, lakes, haors, baors and all other water bodies and water resources free from pollution;
  
• 
  ensure sustainable, long-term, environmentally sound and scientific exploitation and management of the underground and surface water resources; and
  
• 
  conduct environmental impact assessment before undertaking projects for water resources development and management.
  

30. 
    The CEIP project interventions should comply with all these policy directives emphasizing particularly on reducing adverse environmental impacts. The EMF and EIA studies of the coastal polders should clearly address the potential impacts and possible mitigation measures.
    

3.1.2National Environment Management Action Plan, 1995

31. 
    The National Environment Management Action Plan (NEMAP, 1995) identified the main national environmental issues, including those related to the water sector. The main water related national concerns included flood damage, riverbank erosion, environmental degradation of water bodies, increased water pollution, shortage of irrigation water and drainage congestion; various specific regional concerns were also identified.
    

3.1.3Bangladesh Environmental Conservation Act (ECA), 1995

32. 
    The Environmental Conservation Act (ECA) of 1995 is the main legislative framework document relating to environmental protection in Bangladesh. This umbrella Act includes laws for conservation of the environment, improvement of environmental standards, and control and mitigation of environmental pollution. This Act established the Department of Environment (DoE), and empowers its Director General to take measures as he considers necessary which includes conducting inquiries, preventing probable accidents, advising the Government, coordinating with other authorities or agencies, and collecting & publishing information about environmental pollution. According to this act (Section 12), no industrial unit or project shall be established or undertaken without obtaining, in a manner prescribed by the accompanying Rules, an Environmental Clearance Certificate (ECC) from the Director General of DOE. As per this act, the CEIP project will need to be cleared by DoE before implementation of the project following procedures given in the Environmental Conservation Rules (ECR) 1997. Also the Ecologically Critical Areas in coastal zone, defined by DoE under this act, should be considered while planning and designing of the CEIP project interventions.
    

3.1.4Bangladesh Environmental Conservation Act (ECA), (Amendments) 2010

33. 
    The ECA 1995 was amended in 2010, which provided clarification of defining wetlands and Ecologically Critical Areas as well as included many important environmental concerns such conservation wetlands, hill cutting, ship breaking, and hazardous waste disposal. This amendment empowered the government to enforce more penalties than before. Moreover, affected persons were given provision for putting objections or taking legal actions against the polluters or any entity creating nuisance to affected person.
    

3.1.5Bangladesh Environmental Conservation Rules (ECR), 1997

34. 
    The Environment Conservation Rules, 1997 were issued by the Government of Bangladesh in exercise of the power conferred under the Environment Conservation Act (Section 20), 1995. Under these Rules, the following aspects, among others, are covered:
    

(ii) Classification of industries and projects into 4 categories

(iii) Procedures for issuing the Environmental Clearance Certificate

(iv) Determination of environmental standards

35. 
    The Rule 3 defines the factors to be considered in declaring an area 'ecologically critical area' (ECA) as per Section 5 of ECA'95. The Government can declare an area 'ECA', if it is satisfied that the ecosystem of the area has reached or is threatened to reach a critical state or condition due to environmental degradation. The Government is also empowered to specify which of the operations or processes shall be carried out or shall not be initiated in the ecologically critical area. Under this mandate, MoEF has declared Sundarban, Cox's Bazar­-Teknaf Sea Shore, Saint Martin Island, Sonadia Island, Hakaluki Haor, Tanguar Haor, Marzat Baor and Gulshan-Baridhara Lake as ECA and prohibited certain activities in those areas. Beside these, recently the government of Bangladesh has declared four rivers such as Buriganga River, Turag River, Shitolakha River and Balu River around the Dhaka City as ECA.
    

36. 
    ECR'97 (Rule 7) classifies industrial units and projects into four categories depending on environmental impact and location for the purpose of issuance of ECC. These categories are: Green, Orange A, Orange B and Red.
    

37. 
    All existing industrial units and projects and proposed industrial units and projects, that are considered to be low polluting are categorized under "Green" and shall be granted Environmental Clearance. For proposed industrial units and projects falling in the Orange-A, Orange-B and Red Categories, firstly a site clearance certificate and thereafter an environmental clearance certificate will be issued. A detailed description of those four categories of industries has been given in Schedule-1 of ECR'97. Apart from general requirement, for every Red category proposed industrial unit or project, the application must be accompanied with feasibility report on IEE, EIA based on approved ToR by DoE, EMP etc.
    

38. 
    The ECR'97 describes the procedures for obtaining Environmental Clearance Certificates (ECC) from the Department of Environment for different types of proposed units or projects. Any person or organization wishing to establish an industrial unit or project must obtain ECC from the Director General. The application for such certificate must be in the prescribed form together with the prescribed fees laid down in Schedule 13, through the deposit of a Treasury Chalan in favor of the Director General. The fees for clearance certificates are revised in 2010. Rule 8 prescribes the duration of validity of such certificate (3 years for green category and 1year for other categories) and compulsory requirement for renewal of certificate at least 30 days before expiry of its validity.
    

3.1.6Bangladesh Environment Court Act, 2010

39. 
    Bangladesh Environment Court Act, 2010 was enacted in view of resolving the disputes and establishing justice over environmental and social damage raised due to any development activities. This act allows government to take necessary legal action against any parties who creates environmental hazards/ damage to environmentally sensitive areas as well as human society. According to this act, government can take legal actions if any environmental problem occurs due to CEIP project interventions.
    

3.1.7National Water Policy, 1999

40. 
    The National Water Policy was endorsed by the government in 1999 with the aim of providing guidance to the major players in water sector for ensuring optimal development and management of water. According to the policy, all agencies and departments entrusted with water resource management responsibilities (regulation, planning, construction, operation, and maintenance) will have to enhance environmental amenities and ensure that environmental resources are protected and restored in executing their tasks.
    

41. 
    The policy has several clauses related to water resource development projects for ensuring environmental protection. Some of the relevant clauses are:
    

Clause 4.5b: Planning and feasibility studies of all projects will follow the Guidelines for Project Assessment, the Guidelines for People's Participation (GPP), the Guidelines for Environmental Impact Assessment, and all other instructions that may be issued from time to time by the Government.

Clause 4.9b: Measures will be taken to minimize disruption to the natural aquatic environment in streams and water channels.

Clause 4.9e: Water development plans will not interrupt fish movement and will make adequate provisions in control structures for allowing fish migration and breeding.

Clause 4.10a: Water development projects should cause minimal disruption to navigation and, where necessary, adequate mitigation measures should be taken.

Clause 4.12a: Give full consideration to environmental protection, restoration and enhancement measures consistent with National Environmental Management Action Plan (NEMAP) and the National Water Management Plan (NWMP).

Clause 4.12b: Adhere to a formal environmental impact assessment (EIA) process, as set out in EIA guidelines and manuals for water sector projects, in each water resources development project or rehabilitation program of size and scope specified by the Government from time to time.

Clause 4.12c: Ensure adequate upland flow in water channels to preserve the coastal estuary eco-system threatened by intrusion of salinity from the sea.

42. 
    Although CEIP project interventions will be implemented in already built coastal polders, the environmental impact assessment and environmental management should be taken care of for the project as per the National Water Policy.
    

3.1.8National Water Management Plan, 2001 (Approved in 2004)

43. 
    The National Water Management Plan (NWMP) 2001, approved by the National Water Resources Council in 2004, was envisioned to establish an integrated development, management and use of water resources in Bangladesh over 25 years. Water Resources Planning Organization (WARPO) was assigned to monitor the national water management plan. The major programs in the plan have been presented under eight sub-sectoral clusters: i) Institutional Development, ii) Enabling Environment, iii) Main River, iv) Towns and Rural Areas, v) Major Cities; vi) Disaster Management; vii) Agriculture and Water Management, and viii) Environment and Aquatic Resources. Each cluster comprises of a number of individual programs, with overall a total of 84 sub-sectoral programs identified and presented in the investment portfolio. Most of the programs may be implemented in coastal areas. Out of 84 programs, particularly AW 007: Rationalization of existing FCD infrastructures; and AW008: Land reclamation, coastal protection and afforestation programs as well as programs related to institutional capacity building of BWDB for water management are related to CEIP project. Part of these programs (e.g. AW007, AW008) was implemented under different projects. CEIP project will also contribute partial implementation of these programs in the coastal area.
    

3.1.9Coastal Zone Policy, 2005

44. 
    The Government has formulated the coastal zone policy (CZPo) that would provide a general guidance to all concerned for the management and development of the coastal zone in a manner so that the coastal people are able to pursue their life and livelihoods within secure and conducive environment.
    
45. 
    The coast of Bangladesh is prone to natural disasters like cyclone, storm surge and flood. In this regard, for reducing risk, the policy emphasized the improvement of coastal polders as stated in section 4.3 (e): Safety measures will be enhanced by combining cyclone shelters, multi-purpose embankments, killas, road system and disaster warning system. But, the policy does not indicate the environmental assessment for the development project in the coastal area.
    

3.1.10 Coastal Development Strategy, 2006

46. 
    The Coastal Development Strategy (CDS) focuses on the implementation of the coastal zone policy. The CDS was approved at the second meeting of the Inter-Ministerial Steering Committee on ICZMP held on 13 February 2006. Nine strategic priorities, evolved through a consultation process, guides interventions and investments in the coastal zone:
    

• 
  ensuring fresh and safe water availability
  
• 
  safety from man-made and natural hazards
  
• 
  optimizing use of coastal lands
  
• 
  promoting economic growth emphasizing non-farm rural employment
  
• 
  sustainable management of natural resources: exploiting untapped and less explored
  
• 
  opportunities
  
• 
  improving livelihood conditions of people; especially women
  
• 
  environmental conservation
  
• 
  empowerment through knowledge management
  
• 
  creating an enabling institutional environment
  

47. 
    The interventions under second strategy “safety from man-made and natural hazards” include improvement of coastal polders and sea dykes. The proposed CEIP project interventions are in line with this strategy.
    

3.1.11National land use policy (MoL, 2001)

48. 
    The National Land Use Policy (NLUPo), enacted in 2001, was aimed to managing land use effectively to support trends in accelerated urbanization, industrialization and diversification of development activities. The NLUPo urges that increasing the land area of the country may be not possible through artificial land reclamation process, which is cost-effective only in the long run. Therefore, land use planning should be based on the existing and available land resources. The policy suggests establishing land data banks where, among others, information on accreted riverine and coastal chars will be maintained. Among the 28 policy statements of NLUPo, the followings are relevant to coastal area:
    

• 
  forests declared by the Ministry of Forests and Environment will remain as forest lands;
  
• 
  reclassification of forest lands will be prevented; and
  
• 
  effective green belts will be created all along the coast.
  

49. 
    The NLUPo can play key role for the future developments in the coastal zone. Nevertheless, the NLUPo does not provide policy directives for resolving land use conflicts and land zoning in the country (including in the coastal zone).
    

50. 
    The CEIP project will drive the landuse changes in the coastal polder due to protection from flood/tidal surges. As per the NLUPo, effective landuse management will be required in future through the local government to sustain optimum land resource for diversified development activities.
    

3.1.12National Agriculture Policy, 1999

51. 
    The overall objective of the National Agriculture Policy is to make the nation self-sufficient in food through increasing production of all crops including cereals and ensure a dependable food security system for all. Although the policy does not emphasize the coastal zone separately, all specific objectives are applicable to the development of coastal zone agriculture. The policy particularly stressed on minor irrigation capturing tidal water in reservoirs in coastal areas and research on the development of improved varieties and technologies for cultivation in coastal, hilly, water-logged and salinity affected areas. The policy also recognizes that adequate measures should be taken to reduce water-logging, salinity and provide irrigation facilities for crop production.
    

3.1.13National Fisheries Policy, 1996

52. 
    The National Fisheries Policy, 1996 recognizes that fish production has declined due to environmental imbalances, adverse environmental impact and improper implementation of fish culture and management programs. The policy particularly focuses on coastal shrimp, aquaculture and marine fisheries development. The policy suggests following actions:
    

• 
  Shrimp and fish culture will not he expanded to the areas which damage mangrove forest in the coastal region
  
• 
  Biodiversity will be maintained in all natural water bodies and in marine environment
  
• 
  Chemicals harmful to the environment will not be used in fish shrimp farms
  
• 
  Environment friendly fish shrimp culture technology will be used
  
• 
  Expand fisheries areas and integrate rice, fish and shrimp cultivation
  
• 
  Control measures will be taken against activities that have a negative impact on fisheries resources and vice-versa
  
• 
  Laws will be formulated to ban the disposal of any untreated industrial effluents into the water bodies.
  

3.1.14National Livestock Development Policy, 2007

53. 
    The National Livestock Development Policy has been prepared to address the key challenges and opportunity for a comprehensive sustainable development of the Livestock sub­sector by creating an enabling policy framework. The LDPo does not recognize the coastal zone separately. Among 60 or more policy statements, the following two policy statements contain the mentioning of the coastal zone.
    

• 
  Specific areas will be identified to implement programs for fattening of cattle and livestock. For this purpose, the Chittagong Hill Tracts, the coastal areas and the islands will be included under the fattening of livestock and cattle program.
  
• 
  Special programs will be taken up for the production of grass in the Chittagong Hill-tracts and the coastal areas.
  

3.1.15Forestry Acts

50. 
    Systematic management of forests started in the 1860s after the establishment of a Forest Department in the Province of Bengal. To regulate activities within forests, rules and regulations have been formulated, amended, modified and improved upon over the years. These rules and regulations are formulated on the basis of long-existing acts and policies.
    

50. 
    Forest legislation in Bangladesh dates back to 1865, when the first Indian Forest Act was enacted. It provided for protection of tree, prevention of fires, prohibition of cultivation, and grazing in forest areas. Until a comprehensive Indian Forest Act was formulated in 1927, several acts and amendments covering forest administration in British India were enacted and were as follows: (a) Government Forest Act, 1865; (b) Forest Act, 1890; (c) Amending Act, 1891; (d) Indian Forest (Amendment) Act, 1901; (e) Indian Forest (Amendment) Act, 1911; (f) Repealing and Amending Act, 1914; (g) Indian Forest Amendment Act, 1918; and (h) Devolution Act, 1920.
    

50. 
    The Forest Act of 1927, as amended with its related rules and regulations, is still the basic law governing forests in Bangladesh. The emphasis of the Act is on the protection of reserved forest. Some important features of the Act are: (i) Under the purview of the Forest Act, all rights or claims over forestlands have been settled at the time of the reservation. The Act prohibits the grant of any new rights of any kind to individuals or communities; (ii) Any activity within the forest reserves is prohibited, unless permitted by the Forest Department; (iii) Most of the violations may result in court cases where the minimum fine is Taka 2,000 and/or two month's rigorous imprisonment; and (iv) The Act empowers the Forest Department to regulate the use of water-courses within Reserve Forests.
    

3.1.16Forest Act 1927 (Amendment 2000)

50. 
    The Forest Act of 1927 as amended in 1989 has its roots in Indian Forest Act, 1878. The Forest Act grants the government several basic powers, largely for conservation and protection of government forests, and limited powers for private forests. The 1927 version of the act was amended in 1989 for extending authority over "any [Government-owned] land suitable for afforestation".
    

50. 
    Forest department is the main agency to implement the provisions of the Forest Act. The Act, however, does not specify any sort of institutional structure for the forest or other land holding agencies. It also does not set out any specific policy direction for managing the forests.
    

50. 
    Most of the forest lands under the management of forest department are areas declared to be reserved and protected forests under this act. The act empowers the government to regulate the felling, extraction, and transport of forest produce in the country.
    

3.1.17Private Forest Ordinance (PFO), 1959

50. 
    The Private Forest Act of 1959 allows the Government to take over management of improperly managed private forest lands, any private lands that can be afforested, and any land lying fallow for more than three years. The Private Forest Ordinance was originally enacted in 1945, as the Bengal Private Forest Act, and was re-enacted by the Bangladesh (then East Pakistan) in 1949 before being issued as an Act in 1959. These government managed lands under this act are called "vested forests". The Forest Department manages approximately 8,500 hectares in the country as "vested forests". This area is relatively small, but the area historically affected by this law is much larger.
    

50. 
    PFA, 1959 empowers the government to require management plans for private forests and to assume control of private forests as vested forests. Government has broad powers to write rules regarding use and protection of vested forests, and apply rules to "controlled forests," which include all private forests subject to any requirement of the Act.
    

3.1.18Private Forest Policy 1994

50. 
    The policy suggested for extended effort to bring about 20% of the country's land under the afforestation programs of the government and private sector by year 2015 by accelerating the pace of the program through the coordinated efforts of the government and NGOs and active participation of the people in order to achieve self reliance in forest products and maintenance of ecological balance. The policy viewed equitable distribution of benefits among the people, especially those whose livelihood depend on trees and forests; and people's participation in afforestation programs and incorporation of people's opinions and suggestions in the planning and decision-making process. The people-centered objectives of the policy are: creation of rural employment opportunities and expansion of forest-based rural development sectors; and prevention of illegal occupation of forest lands and other forest offences through people's participation. The policy statements envisage: massive afforestation on marginal public lands through partnerships with local people and NGOs; afforestation of denuded/encroached reserved forests with an agroforestry model through participation of people and NGOs; giving ownership of a certain amount of land to the tribal people through forest settlement processes; strengthening of the Forest Department; strengthening of educational, training and research facilities; and amendment of laws, rules and regulations relating to the forestry sector and if necessary, promulgation of new laws and rules. Thus, over time the policy has shifted somewhat from total state control to a management regime involving local communities in specific categories of forests.
    

50. 
    Because of limited amount of forestland, the policy underscores for effective measures for afforestation in rural areas, in the newly accreted char in the coastal areas and in the denuded Unclassed State Forest areas of Chittagong Hill Tract and northern zone of the country including the Barind tract. The policy also encourages the private sector participation in afforestation.
    

3.1.19Social Forestry Rules, 2004 and Amendments

50. 
    Social forestry was included in the Forest (Amendment) Act 2000 and the Social Forestry Rules were approved in 2004 (amended in 2010 and 2011). The Rules defined the process of beneficiaries’ selection, roles and responsibilities of different stakeholders, management, capacity building and distribution of earnings from social afforestation. According to the rules, the beneficiaries shall be selected from amongst the local communities and shall preferably be from the amongst the followings persons, namely: (a) landless persons; (b) owners or occupants of less than 50 decimals of land; (c) destitute women; (d) unprivileged community; (e) poor ethnic minority; (f) poor forest villages; and (g) insolvent freedom fighters or insolvent successor of freedom fighters. The rules provided the rotation period for different plantation and benefit sharing. In general, the communities responsible for maintenance of plantation will receive around 45% of timber value of the forest.
    

3.1.20Standing Orders on Disaster, 2010

61. 
    The Standing Orders on Disaster' is designed to enhance capacity at all tiers of government administrative and social structures for coping with and recovering from disasters. The document contains guidelines for construction, management, maintenance and use of cyclone shelter center. Accordingly to the guideline, geographical information system (GIS) technology will be applied at the planning stage to select the location of cyclone shelter considering habitation, communication facilities, distance from the nearest cyclone centre etc. The advice of the concerned District Committee is to be obtained before final decision. The cyclone shelters should have easier communication facilities so that in times of distress delay does not occur to go there. For this reason, the road communication from the cyclone shelters should not only link up with city or main road but also with neighboring village areas. Provision of emergency water, food and sanitation and shelter space for livestock during period should also be kept in view for future construction of shelters.
    

3.1.21Antiquities Act, 1968.

61. 
    An Act to consolidate and amend the law relating to the preservation and protection of antiquities. This Act may be called the Antiquities Act, 1968.
    
    1. In this Act, unless there is anything repugnant in the subject or context, -
    

1. 
   ''immovable antiquity" means an antiquity of any of the following descriptions, namely :-
   
   1. 
      any archaeological deposits on land or under water,
      
   2. 
      any archaeological mound, tumulus, burial place or place of interment, or any ancient garden, structure, building erection or other work of historical, archaeological, military or scientific interest,
      
   3. 
      any rock, cave or other natural object of historical, archaeological, artistic or scientific interest or containing sculpture, engraving, inscription or painting of such interest,
      also includes -
      

1. 
   any gate, door, window, paneling dados, ceiling, inscription, wall-painting, wood work, iron work or sculpture of other thing which is attached or fastened to an immovable antiquity ;
   
2. 
   the remains of an immovable antiquity ;
   
3. 
   the site of an immovable antiquity ;
   
4. 
   such portions of land or water adjoining the site of an immovable antiquity as are reasonably required for fencing or covering or otherwise preserving such antiquity ;
   
5. 
   the reasonable means of access to, and convenient inspection of, an immovable antiquity ; and
   
6. 
   any urban site, street, group of buildings or public square of special value which the Central Government, being of the opinion that its preservation is a matter of public interest by reason of its arrangement, architecture or materials of construction, by notification in the official Gazette, declares to be an immovable antiquity for the purposes of this Act ;
   

1. 
   the Director, who shall also be its Chairman ;
   
2. 
   two members of the National Assembly of Pakistan, one being from each Province ; and
   
3. 
   (c) three other persons having special knowledge of antiquities.
   

1. 
   Subject to the provisions of this Act or of any agreement under section 12, no person shall, except for carrying out the purposes of this Act, destroy, break, damage, alter, injure, deface or mutilate, or scribble, write or engrave any inscription or sign on, any antiquity in respect of which the Director has accepted guardianship or the Central Government has acquired any right.
   
2. 
   The court trying an offence under sub-section (2) may direct that the whole or any part of the fine recovered shall be applied in defraying the expenses of restoring the antiquity to the condition in which it was before the commission of the offence.
   

1. 
   No person shall deal in antiquities except under and in accordance with a license granted by the Director.
   
2. 
   Every dealer shall maintain a register in such manner and form as the Director may prescribe from time to time.
   
3. 
   A license granted under sub-section (1) may be cancelled by the Director for the breach of any condition of the licence.
   
4. 
   The Director may, with a view to securing compliance with the provisions of this section, -
   
   1. 
      require any person dealing in antiquities to give such information in his possession with respect to any business carried on by him as the Director may demand ;
      
   2. 
      inspect or cause to be inspected any book, register or other document belonging to or under the control or any person dealing in antiquities ; and
      
   3. 
      enter and search, or authorize any officer subordinate to him to enter and search, any premises and seize, or authorize any such officer, to seize, any antiquity in respect or which he has reason to believe that a breach or any condition or the license has been committed.
      

1. 
   No person shall transport an antiquity from one place in Pakistan to another with the object of exporting it in contravention of section 22.
   
2. 
   Whoever contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both.
   
3. 
   The court trying an offence under sub-section (2) may direct that any antiquity in respect of which the offence has been committed shall be forfeited to the Central Government.
   

3.1.22National Adaptation Programme of Action (NAPA)

61. 
    In 2005, the Ministry of Environment and Forest (MoEF), Government of the People’s Republic of Bangladesh has prepared the National Adaptation Program of Action (NAPA) for Bangladesh, as a response to the decision of the Seventh Session of the Conference of the Parties (CoP7) of the United Nations Framework Convention on Climate Change (UNFCCC). The basic approach to NAPA preparation was along with the sustainable development goals and objectives of the country where it has recognized necessity of addressing climate change and environmental issue and natural resource management. The NAPA is the beginning of a long journey to address adverse impacts of climate change including variability and extreme events and to promote sustainable development of the country. There are 15 adaptation strategies have been suggested for Bangladesh to address adverse effects of climate change. Among the 15 adaptation strategies the following strategies have taken for the coastal region for reducing climate change induced vulnerability.
    

• 
  Reduction of climate change hazards through coastal afforestation with community participation
  
• 
  Providing drinking water to coastal communities to combat enhanced salinity due to sea level rise
  
• 
  Construction of flood shelter, and information and assistance centre to cope with enhanced recurrent floods in major floodplains
  
• 
  Promotion of research on drought, flood and saline tolerant varieties of crops to facilitate adaptation in future
  
• 
  Promoting adaptation to coastal crop agriculture to combat increased salinity
  
• 
  Promoting adaptation to coastal fisheries through culture of salt tolerant fish special in coastal areas of Bangladesh
  

3.1.23Bangladesh Climate Change Strategy and Action Plan (BCSAP) 2009

61. 
    The Government of Bangladesh has prepared the Bangladesh Climate Change Strategy and Action Plan (BCCSAP), 2009. The BCCSAP is built on six pillars:
    

• 
  Food security, social protection and health to ensure that the poorest and most vulnerable in society, including women and children, are protected from climate change and that all programs focus on the needs of this group for food security, safe housing, employment and access to basic services, including health.
  
• 
  Comprehensive disaster management to further strengthen the country’s already proven disaster management systems to deal with increasingly frequent and severe natural calamities.
  
• 
  Infrastructure to ensure that existing assets (e.g., coastal and river embankments) are well maintained and fit for purpose and that urgently needed infrastructures (cyclone shelters and urban drainage) is put in place to deal with the likely impacts of climate change.
  
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  Research and Knowledge management to predict that the likely scale and timing of climate change impacts on different sectors of economy and socioeconomic groups; to underpin future investment strategies; and to ensure that Bangladesh is networked into the latest global thinking on climate change.
  
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  Mitigation and low carbon development to evolve low carbon development options and implement these as the country’s economy grows over the coming decades.
  
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  Capacity building and Institutional strengthening to enhance the capacity government ministries, civil society and private sector to meet the challenge of climate change.
  

61. 
    Three program have been suggested for improvement (repair and rehabilitation) of the existing coastal polders of Bangladesh under pillar 3 (Infrastructure) of BCCSAP. The CEIP project will further contribute to achieve objective of other pillars such as (i), (ii) and (iv).
    

3.1.24The Embankment and Drainage Act, 1952

61. 
    The East Bengal Act No. 1, 1953 was amended in 1953 which has been adapted by the People Republic of Bangladesh, by the Bangladesh Order (adaptation of Existing Laws), 1972 (President’s Order No. 48 of 1972). The Act consolidates the laws relating to embankments and drainage providing provision for the construction, maintenance, management, removal and control of embankments and water courses for the better drainage of lands and for their protection from floods, erosion or other damage by water. The specific Sections and Articles relevant to the Project are mentioned below:
    

• 
  Section 4 (1) of the Act states that the embankment, water-course, and tow-path, earth, pathways, gates, berms and hedges of the embankments shall vest in the Government of the Authority (BWDB).
  
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  Section 56 (1) states that, person will be subject to penalty (500 taka or imprisonment… if he erects, or causes of willfully permits to be erected, any new embankment, or any existing embankment, or obstructs of diverts, or causes or willfully permits to be obstructed or diverted, any water course.
  
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  Section 15 allows for the engineer (engineer in charge of Divisional level BWDB) for constructing new embankment or enlarging, lengthening or repairing existing embankments.
  
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  The other sections of the Act give powers and access to the Government or Authority or Engineers to commence necessary Project activities, for land acquisition (through the Deputy Commissioner), and site clearing activities including removal of trees or houses (if necessary).
  

3.1.25Bangladesh Labor Act, 2006

61. 
    The Bangladesh Labor Act, 2006 provides the guidance of employer’s extent of responsibility and workmen’s extent of right to get compensation in case of injury by accident while working. Some of the relevant Sections are:
    

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  Section 150. Employer’s Liability for Compensation: (1) If personal injury is caused to a workman by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this Act; and (2) Provided that the employer shall not be so liable - (a) in respect of any injury which does not result in the total or partial disablement of the workman for a period exceeding three days; (b) in respect of any injury, not resulting in death or permanent total disablement, caused by an accident which is directly attributable to - (i) the workman having been at the time thereof under the influence of drink or drugs, or (ii) the willful disobedience of the workman to an order expressly given, or to a rule expressly framed, for the purpose of securing the safety of workmen, or (iii) the willful removal or disregard by the workman of any safety guard or other device which he knew to have been provided for the purpose of securing the safety of workmen.
  
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  Section 151. (1) Amount of Compensation: Subject to the provisions of this Act, the amount of compensation shall be as follows, namely :- (a) where death results an amount equal to fifty from the injury cent of the monthly wages of the deceased workman multiplied by the relevant factor; or an amount of fifty thousand rupees, whichever is more; (b) where permanent total an amount equal to disablement results from sixty the injury per cent of the monthly wages of the injured workman multiplied by the relevant
  

3.1.26Bangladesh National Building Code, 2006

61. 
    Part-7, Chapter -1 of the Bangladesh National Building Code (BNBC) clearly sets out the constructional responsibilities according to which the relevant authority of a particular construction site shall adopt some precautionary measures to ensure the safety of the workmen. According to section 1.2.1 of chapter 1 of part 7, “In a construction or demolition work, the terms of contract between the owner and the contractor and between a consultant and the owner shall be clearly defined and put in writing. These however will not absolve the owner from any of his responsibilities under the various provisions of this Code and other applicable regulations and bye-laws. The terms of contract between the owner and the contractor will determine the responsibilities and liabilities of either party in the concerned matters, within the provisions of the relevant Acts and Codes (e.g.) the Employers' Liability Act, 1938, the Factories Act 1965, the Fatal Accident Act, 1955 and Workmen's Compensation Act 1923”. (After the introduction of the Bangladesh Labor Act, 2006, these Acts have been repealed).
    

61. 
    Section 1.4.1 of chapter-1, part-7 of the BNBC, states the general duties of the employer to the public as well as workers. According to this section, “All equipments and safeguards required for the construction work such as temporary stair, ladder, ramp, scaffold, hoist, run way, barricade, chute, lift etc shall be substantially constructed and erected so as not to create any unsafe situation for the workmen using them or the workmen and general public passing under, on or near them”.
    

61. 
    Part-7, Chapter-3 of the Code has clarified the issue of safety of workmen during construction and with relation to this, set out the details about the different safety tools of specified standard. In relation with the health hazards of the workers during construction, this chapter describes the nature of the different health hazards that normally occur in the site during construction and at the same time specifies the specific measures to be taken to prevent such health hazards. According to this chapter, exhaust ventilation, use of protective devices, medical checkups etc. are the measures to be taken by the particular employer to ensure a healthy workplace for the workers.
    

61. 
    To prevent workers falling from heights, the Code in section 3.7.1 to 3.7.6 of chapter 3 of part 7 sets out the detailed requirements on the formation and use of scaffolding. According to section 3.9.2 of the same chapter, “every temporary floor openings shall either have railing of at least 900 mm height or shall be constantly attended. Every floor hole shall be guarded by either a railing with toe board or a hinged cover. Alternatively, the hole may be constantly attended or protected by a removable railing. Every stairway floor opening shall be guarded by railing at least 900 mm high on the exposed sides except at entrance to stairway. Every ladder way floor opening or platform shall be guarded by a guard railing with toe board except at entrance to opening. Every open sided floor or platform 1.2 meters or more above adjacent ground level shall be guarded by a railing on all open sides except where there is entrance to ramp, stairway or fixed ladder……the above precautions shall also be taken near the open edges of the floors and the roofs”.
    

61. 
    The major challenge is the proper implementation of the Code as section 2.1 of chapter 2 of part 1 duly states that, “The Government shall establish a new or designate an existing agency responsible for the enforcement of this Code with a given area of jurisdiction. For the purpose of administering and enforcing the provisions of the Code, the enforcing agency shall have the authority of the Government and shall herein be referred to as the Authority.”
    

61. 
    Part 9, 1.2.1 states that if the land is changed and the occupants of the area are against the change, no change in use of an existing building will be allowed.