Environmental Law in Bangladesh 2026: Acts, Clearance, Courts and New Rules

Environmental law in Bangladesh: the 2026 framework

Environmental law in Bangladesh is no longer a back-office permit question. It decides where a factory can be built, which kiln can fire, what packaging a brand can put on the shelf, who can be sued for a polluted river and how quickly a regulator can shut a plant. In 2026 the framework rests on the Bangladesh Environment Conservation Act 1995, the Environment Conservation Rules 2023, the Environment Court Act 2010 and a constitutional duty in Article 18A, and it is being sharpened by new plastic, air-quality, wetland and wildlife measures.

This guide explains how the system fits together: the statute and its amendments, the Department of Environment's clearance regime, the environment courts and their limits, the constitutional and public-interest route through the High Court Division, the Brick Kiln Act, plastic and polythene controls, air-quality rules, climate legislation and the developments of 2025 and 2026. It closes with a practical compliance sequence, a comparison table and answers to the questions clients ask most often.

Summary: The core of environmental law in Bangladesh is the Environment Conservation Act 1995, which requires environmental clearance before any industrial unit or project is set up and gives the Department of Environment wide powers to direct, inspect, fine and claim compensation. The Environment Conservation Rules 2023 classify projects as Green, Yellow, Orange or Red; the Environment Court Act 2010 provides specialised courts; and sector laws on brick kilns, plastics, air quality and wetlands add their own offences.

Key point: Operating or expanding without environmental clearance is an offence under section 12 of the 1995 Act, punishable by two to five years' imprisonment, a fine of Tk 1 lakh to Tk 5 lakh, or both. Directors and managers are presumed liable for a company's breach unless they prove lack of knowledge or due diligence.

At a glance

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Table of Contents

Why environmental law in Bangladesh matters for business in 2026

Bangladesh combines one of the world's densest populations with heavy export manufacturing, rapid urbanisation, thousands of brick kilns and river systems that serve as transport routes, water sources and, too often, waste channels. The law responds with a command-and-control model: the State sets standards, licenses activities through environmental clearance and punishes breaches through fines, closure orders, criminal prosecution and compensation claims.

For investors and operators, environmental law in Bangladesh touches every stage of a project. It decides whether a site is lawful at all, what studies must be prepared, which conditions attach to the clearance certificate, what effluent and emission limits apply, and what happens when a neighbour, a regulator or a public-interest litigant complains. Buyers of factories inherit unresolved environmental liabilities; lenders take security over plants whose clearance may lapse; and global brands increasingly demand proof of local compliance from their supply chains.

Three layers of the framework

The framework operates at three levels. The first is constitutional, through Article 18A and the right to life as read by the Supreme Court. The second is the general statute, the Environment Conservation Act 1995, with the Environment Conservation Rules 2023 made under it. The third is sector legislation, covering brick kilns, plastic packaging, air pollution, wetlands, wildlife, forests and climate finance. Compliance means satisfying all three at once, because each layer has its own regulator and its own enforcement tools.

The Environment Conservation Act 1995 and its amendments

The Bangladesh Environment Conservation Act 1995 (Act No. 1 of 1995) is the backbone of environmental law in Bangladesh. It has been amended three times: in 2000 (Act No. 12 of 2000), in 2002 (Act No. 9 of 2002) and, most substantially, in 2010 (Act No. 50 of 2010).[1] Section 2A gives the Act, its rules and directions issued under it overriding effect over any other law in force.[1]

The Department of Environment and the Director General

Section 3 establishes the Department of Environment, and section 4 gives its Director General broad powers to take measures for conservation, pollution control and mitigation, including issuing directions to any person. Sections 10 and 11 add powers of entry, inspection and sampling, and section 4A allows the Director General to obtain assistance from law enforcement and other authorities.[1] In practice, these powers are exercised through inspections, notices, closure directions, utility disconnections and mobile courts.

Ecologically critical areas and special restrictions

Section 5 allows the government to declare an ecologically critical area by gazette, prepare a management plan and list the activities that may not be carried on there.[1] The 2002 amendment inserted section 6A, which allows the government to ban or regulate the production, import, sale, storage, distribution and commercial transport of polythene shopping bags and other harmful products, with an exception for exports.[1] The 2010 amendment added section 6B on hill cutting, section 6C on hazardous waste, section 6D on pollution from ship breaking and section 6E on water bodies and wetlands.[1] Hill cutting is prohibited unless an essential national interest requires it and the Department grants clearance.

Ecosystem damage, compensation and appeals

Under section 7, where an act or omission damages an ecosystem or people, the Director General may order compensation, corrective measures or both, and may bring civil or criminal proceedings if the order is ignored. Section 15A allows an affected person, group or the public to claim compensation for a breach, and the Director General may claim on their behalf. A person aggrieved by a notice, order or direction may appeal under section 14 to the appellate authority within 30 days, which the authority may extend by up to 30 days; the appeal must be decided within three months, and the decision is final.[1]

Penalties and corporate liability

Section 15, substituted in 2010, sets offence-by-offence penalties. Breach of a Director General's direction under section 4 carries one to two years' imprisonment or a fine of Tk 50,000 to Tk 2 lakh for a first offence, rising to two to ten years or Tk 2 lakh to Tk 10 lakh for repeat offences. Producing or importing products banned under section 6A carries up to two years or Tk 2 lakh on a first offence and two to ten years or Tk 2 lakh to Tk 10 lakh thereafter.[1]

Section 16 is the provision boards should read first. Where a company commits an offence, each owner, director, manager, secretary or other officer is deemed guilty unless they prove the breach occurred without their knowledge or that they made every reasonable effort to prevent it. A company may itself be prosecuted, but only a fine can be imposed on it.[1] Environmental compliance is therefore a personal risk for senior management, not just a corporate one.

Environmental clearance and the Environment Conservation Rules 2023

Section 12 of the 1995 Act, substituted in 2010, is the gateway provision. No industrial unit may be established and no project may be undertaken without environmental clearance from the Director General, existing units had to obtain clearance once the 2010 amendment took effect, and expansion also requires clearance.[1] Breach of section 12 is punishable by two to five years' imprisonment, a fine of Tk 1 lakh to Tk 5 lakh, or both.[1]

The 2023 Rules

The detail sits in the Environment Conservation Rules 2023, published as S.R.O. No. 53-Law/2023 in an extraordinary gazette of 5 March 2023.[2] They were framed under section 20 of the Act and replaced the Environment Conservation Rules 1997.[3] Rule 5 classifies industrial units and projects as Green, Yellow, Orange or Red according to their activities, pollution load and potential harm to the environment and health. The Rules set the procedure for environmental and location clearance certificates and their validity, criteria for environmental impact assessment and management plans, an appeal mechanism, water-quality and liquid-waste standards in rules 31 and 32, and requirements for effluent and sewage treatment plants in rule 33.[3]

How the categories work in practice

The category drives everything that follows. Green projects take the lightest route. Yellow, Orange and Red projects generally need location or site clearance before environmental clearance, and the more serious Orange and Red categories require an initial environmental examination or a full environmental impact assessment, an environmental management plan and, for EIA projects, consultation and disclosure. Clearance certificates are time-limited and must be renewed before expiry, so a lapsed certificate converts a compliant plant into an offending one overnight. Our detailed guide to environmental impact assessment in Bangladesh walks through screening, terms of reference, consultation and DoE review step by step, and our note on DOE environmental clearance sources maps the official forms and portals.

Relief for affected persons

The 2023 Rules also give affected people a direct administrative route. Under rule 3, a person who has suffered loss from pollution may apply to the Department for relief, and the application is to be disposed of within 30 working days.[3] For neighbours, farmers and downstream businesses, this is often the fastest way to create a formal record before any court proceeding, and it feeds directly into the inspector's report that the environment courts require.

The Environment Court Act 2010 and environmental enforcement

The Environment Court Act 2010 (Act No. 56 of 2010) repealed the Environment Court Act 2000 and created a three-tier structure: environment courts, special magistrate courts and environment appeal courts.[4] It is the judicial arm of the system, and its procedural rules decide who can bring a case and how fast it must move.

Courts, judges and jurisdiction

Section 4 allows the government to establish one or more environment courts in every district, each presided over by a judicial officer of joint district judge rank, normally sitting at district headquarters. Section 5 allows the appointment of metropolitan or first-class judicial magistrates as special magistrates to try offences under environmental laws.[4] Under section 9, a special magistrate may impose up to five years' imprisonment, a fine of up to Tk 5 lakh, or both, and order confiscation.[4] Environment courts try cases sent up by special magistrates and hear compensation suits directly, acting as a criminal court for offences and as a civil court, with Code of Civil Procedure powers, for compensation.[4]

The inspector's report requirement

The most criticised feature of the Act is the filter on access. Section 6(3) bars a special magistrate court from taking cognizance of an offence without a written report from a Department of Environment inspector, and section 7(4) applies the same rule to compensation claims in the environment court. There is a safety valve: if a person asked the inspector to act and the inspector did nothing for 60 days, or the complaint is otherwise justified, the court may hear the inspector or Director General and then take cognizance without the report or order an investigation.[4] Anyone planning private enforcement should therefore make a documented request to the Department first and diarise the 60-day period.

Remedial orders, timelines and compounding

Both tiers can do more than punish. In the same judgment, they may direct the offender not to repeat or continue the offence, order preventive or corrective measures for the damage caused, and set deadlines and reporting obligations; breaching such a direction is a separate offence punishable by up to five years or Tk 5 lakh.[4] Special magistrate trials must conclude within 180 days of the framing of charges, with a 90-day extension and possible transfer if that fails.[4] Section 18 allows certain first offences, including breach of a Director General's direction and prohibited activity in an ecologically critical area, to be compounded on compliance and payment of at least Tk 50,000, at any stage including appeal.[4]

Appeals and the 25 per cent deposit

An appeal against an environment court judgment, compensation decree or sentence lies to the environment appeal court within 30 days. A defendant who wants to appeal a compensation decree must first deposit 25 per cent of the decretal amount with the trial court.[4] Only listed interlocutory orders, such as injunctions, status quo orders, bail and cognizance decisions, can be appealed or revised.

The gap between law and practice

Despite the district-level design, very few environment courts actually sit, and most day-to-day enforcement happens through Department of Environment inspections and mobile courts that impose on-the-spot fines and closure orders. Mobile courts routinely fine unlicensed units, order demolition of illegal structures and have utility connections cut. The practical message is that a company's first encounter with environmental law in Bangladesh will usually be an inspector or a mobile court, not a judge, and the response in the first 48 hours shapes the outcome.

Article 18A, the right to life and public interest litigation

Article 18A of the Constitution, inserted by the Constitution (Fifteenth Amendment) Act 2011, provides that the State shall endeavour to protect and improve the environment and to preserve and safeguard the natural resources, biodiversity, wetlands, forests and wildlife for the present and future citizens.[5] As a fundamental principle of state policy it is not directly enforceable on its own, but it guides the interpretation of statutes and of the fundamental rights in Part III.

How the Supreme Court has used it

Long before Article 18A, the Supreme Court read the right to life in Article 32 to include the right to a healthy environment and relaxed the standing rules so that public-spirited organisations could bring writ petitions on environmental harm. The High Court Division has since issued directions on river encroachment, industrial effluent, hill cutting, brick kilns and air pollution, often through continuing mandamus with periodic compliance reports.

For businesses, this means that environmental law in Bangladesh can be enforced against them by a petitioner who has no commercial stake at all, and that a writ order may reach an entire industrial cluster rather than a single plant. It also gives businesses a remedy: arbitrary closure, a refusal of clearance without reasons or discriminatory enforcement may itself be challenged by writ. Our guide to writ petitions in Bangladesh explains the procedure, and TRW's constitutional and writ litigation practice acts on both sides of these cases.

The Brick Kiln Act 2013 and the 2019 amendment

Brick kilns are the most visible pollution problem in Bangladesh and the subject of a dedicated statute: the Brick Manufacturing and Brick Kiln Establishment (Control) Act 2013 (Act No. 59 of 2013), in force from 1 July 2014 and substantially amended in 2019 by Act No. 1 of 2019.[6]

Licensing, soil and fuel

No one may establish a kiln or make bricks without a licence from the Deputy Commissioner of the district, and, after the 2019 amendment, only kilns using advanced, fuel-efficient technology capable of keeping air pollution within standards may operate. Block production does not require a licence. Soil may not be taken from agricultural land, hills or mounds, and firewood may not be used as fuel.[6]

Where a kiln cannot be built

Section 8 prohibits kilns within residential, protected and commercial areas, city corporations, municipalities and upazila headquarters, forests, sanctuaries, gardens, wetlands, agricultural land, ecologically critical areas and degraded air sheds. It also imposes buffers, including one kilometre from those areas and from schools, hospitals, railways and similar installations, and two kilometres from government forest.[6]

Penalties and procedure

Setting up a kiln in a prohibited area carries up to five years' imprisonment, a fine of up to Tk 5 lakh, or both; burning firewood carries up to three years or Tk 3 lakh. Offences may be tried summarily by mobile courts or otherwise by an environment court or special magistrate.[6] The Air Pollution (Control) Rules 2022 now reinforce the Act: when Savar upazila was declared a degraded air shed under rule 5 in August 2025, all kilns other than tunnel and hybrid Hoffman kilns were barred from operating, and new location and environmental clearances for air-polluting industries were halted.[8] Investors in construction materials should treat block and tunnel-kiln technology as the only bankable route.

Plastics, polythene and the 2026 EPR guidelines

Plastic regulation is the fastest-moving part of environmental law in Bangladesh. The legal foundation is section 6A of the 1995 Act, under which polythene shopping bags were first banned in 2002.[1] [9] Enforcement faded for years until the interim government renewed the ban in supermarkets from 1 October 2024 and extended it to all bazaars and retail outlets from 1 November 2024, covering the production, sale, storage, transport and use of polythene and polypropylene shopping bags.[9] Compliance has been uneven, with factories continuing to operate and enforcement officers attacked during a 2025 raid.[9]

Extended producer responsibility from August 2026

The most important plastic measure of 2026 is the extended producer responsibility (EPR) guidelines, published in the gazette on 13 August 2026 under section 13 of the 1995 Act.[10] They apply to manufacturers, importers and brand owners of plastic products produced or used in Bangladesh, excluding industries producing solely against export orders, and divide products into five groups: rigid plastic, flexible plastic, styrofoam and EPS, single-use plastic not already banned, and other products such as sanitary napkins, diapers and cigarette filters.[10]

Obligated entities must collect at least 15 per cent and recycle 7.5 per cent of their plastic waste in the first two years, rising to 30 and 15 per cent from year three. They may comply individually or through a producer responsibility organisation, and collection above target can be sold as plastic credits. The Department of Environment will list large industries in the first two years, medium-sized industries in the next two and small industries in year five; listed entities must register within six months, and registration lasts three years with annual progress reporting.[10]

Jute packaging and political pressure

Political pressure is also rising: on 9 September 2026 Prime Minister Tarique Rahman directed law enforcement agencies to take stricter action against excessive polythene and plastic use and called for greater use of environment-friendly block bricks.[14] Brand owners, retailers and FMCG importers should expect listing under the EPR guidelines and more frequent market drives through 2027.

Air, water, waste and other sector rules

Beyond the headline statutes, environmental law in Bangladesh includes a dense layer of rules made under the 1995 Act, each with its own duties and enforcement.

Air quality

The Air Pollution (Control) Rules 2022 allow the Director General to declare a degraded air shed where air quality exceeds prescribed limits, and to impose area-specific action plans. The Savar declaration shows how far those plans can reach: bans on open burning of solid waste, restrictions on brick kilns and a freeze on new clearances for air-polluting industries in the area.[8] Factories in or near Dhaka should monitor further declarations closely.

Water and effluent

Effluent standards and treatment plant requirements now sit in the 2023 Rules, including rules 31 to 33 on water quality, liquid waste and treatment plants.[3] Effluent treatment plant failures remain the most common trigger for compensation orders against textile, dyeing and washing units, and section 6E of the Act protects water bodies and wetlands from filling and alteration.[1]

Hazardous waste and ship breaking

Sections 6C and 6D of the Act restrict the production, import, storage, loading and transport of hazardous waste and regulate pollution from ship breaking.[1] Ship recyclers in Chattogram must also satisfy sector-specific ship recycling law and international standards, and solid-waste, e-waste and medical-waste rules made under the Act impose segregation, storage and disposal duties on generators. Buyers of industrial assets should audit these streams, as explained in our analysis of liabilities when buying an existing factory in Bangladesh.

Climate change law and policy in Bangladesh

Bangladesh has no single climate change statute, but climate finance has a dedicated law. The Climate Change Trust Act 2010 (Act No. 57 of 2010) establishes the Climate Change Trust as a statutory body headquartered in Dhaka, with a trust fund to be used outside the government's regular development and non-development budgets for adaptation, mitigation, technology transfer, research and post-disaster support.[7]

Bangladesh's climate commitments

Internationally, Bangladesh submitted its third nationally determined contribution (NDC 3.0) to the UNFCCC on 28 September 2025. It commits to an unconditional reduction of 26.74 MtCO2e, or 6.39 per cent below the 2035 business-as-usual projection, and a conditional reduction of 58.23 MtCO2e, or 13.92 per cent, subject to international finance. Energy is the largest mitigation sector, with measures on renewables, grid losses, cleaner brick technology, rooftop solar and electric transport.[13]

These commitments translate into domestic regulation through power-sector policy, kiln technology mandates and green finance rules rather than a single climate code. Energy developers should read them together with our guide to energy company registration in Bangladesh, because renewable and gas-to-power projects remain subject to the same clearance and EIA regime as any other Red or Orange project.

Wetlands, wildlife and forests: the 2025 and 2026 changes

The interim government of 2024 to 2026 issued a series of conservation ordinances, and the elected parliament that sat from early 2026 reviewed them. Under the Constitution, an ordinance that parliament does not adopt lapses, so the question for 2026 is which measures became Acts.

Haor and Wetland Conservation law

On 7 April 2026 parliament unanimously passed the Haor and Wetlands Conservation Act 2026, replacing the interim ordinance.[11] The Act empowers the haor and wetlands directorate to issue binding directions, demarcate and map wetlands, declare protected areas and require its prior approval for every development project in haor and wetland areas. Encroachment, land filling, resource extraction, poisoning aquatic life or obstructing natural drainage is punishable by a fine of up to Tk 10 lakh, up to two years' imprisonment, or both, and the core offences are cognizable and non-bailable.[11] Infrastructure, sand-extraction and aquaculture projects in the north-east must now plan for this extra consent layer.

Wildlife and forests

On 10 April 2026 parliament passed the Wildlife Conservation and Protection Bill 2026, together with the Bangladesh Forest Industries Development Corporation Bill 2026, both placed by the Environment, Forest and Climate Change Minister.[12] Forest and tree-felling reform, which the interim government pursued through a separate ordinance, should be checked against the current statute book before any land clearance or tree removal.

What did not change

Calls by environmental groups to amend the Environment Court Act, in particular to let citizens file directly without the inspector's report, have not yet produced legislation. The Environment Conservation Act 1995 also remains in its 2010 form. Both are live reform candidates for the new parliament.

Regulators and institutions

Several bodies administer the framework, and a project may deal with all of them.

Coordination between these bodies is imperfect, so a clearance from one regulator does not guarantee consent from another. Inside economic zones and industrial parks, the zone authority's one-stop service handles many applications, but it does not displace Department of Environment standards. Our analysis of the Invest Bangladesh Act 2026 industrial area framework explains how zone approvals interact with sector consents.

A practical compliance sequence

The sequence below reflects how TRW prepares manufacturers, developers and acquirers to meet environmental law in Bangladesh from site selection to operations.

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Two points apply throughout. Keep a single register of every clearance, licence and renewal date, owned by a named officer. And treat any Department of Environment notice as a legal deadline: the 30-day appeal window under section 14 is short and the appellate decision is final.[1] For a full factory roadmap, see our guide to factory setup in Bangladesh.

Comparing the main environmental laws

The table summarises the instruments most likely to affect a business. On a phone, scroll it sideways.

Common mistakes to avoid

• Building first, clearing later: construction or expansion before clearance is itself an offence under section 12, and retrospective regularisation is not guaranteed.
• Letting certificates lapse: renewal is the operator's responsibility, and an expired certificate exposes directors under section 16.
• Treating mobile court fines as the end of the matter: a fine does not cure the breach, and repeat offences attract much heavier penalties.
• Ignoring sector laws: an environmental clearance does not replace a kiln licence, wetland consent or EPR registration.
• Neglecting acquisition diligence: environmental liabilities and compensation claims follow the plant, not the seller.

Outlook for environmental law in Bangladesh

Three trends will shape the next year. First, plastic regulation is moving from bans to producer responsibility, with listing of large industries under the EPR guidelines expected to begin in the first two years. Second, air-quality enforcement is becoming geographic, with degraded air shed declarations capable of freezing new clearances across an entire upazila. Third, conservation statutes passed in April 2026 add new consent layers for wetlands and wildlife habitats, while the elected government has signalled tougher enforcement from the top.[10] [8] [14]

For companies, the safest assumption is that environmental law in Bangladesh will be enforced more often, more publicly and against individuals as well as companies. Early legal review of site, category, conditions and supply-chain obligations is cheaper than any closure order. TRW's industrial parks, economic zones and manufacturing facilities practice and occupational safety and health governance practice advise on clearance strategy, inspections, enforcement defence and compliance programmes. Contact TRW to discuss your project.

Frequently asked questions

What is the main environmental law in Bangladesh?

The Bangladesh Environment Conservation Act 1995, amended in 2000, 2002 and 2010. It establishes the Department of Environment, requires environmental clearance and sets penalties, and it overrides other laws.[1]

Do all factories need environmental clearance?

Yes. Section 12 of the 1995 Act bars establishing any industrial unit or undertaking any project, and any expansion, without environmental clearance from the Department of Environment.[1]

What replaced the Environment Conservation Rules 1997?

The Environment Conservation Rules 2023, gazetted on 5 March 2023 as S.R.O. No. 53, which classify projects as Green, Yellow, Orange or Red.[2] [3]

What is the penalty for operating without environmental clearance?

Two to five years' imprisonment, a fine of Tk 1 lakh to Tk 5 lakh, or both, under section 15 read with section 12 of the 1995 Act.[1]

Can a private person sue a polluter in the environment court?

Yes, for compensation, but the court normally needs a written report from a Department of Environment inspector. If the inspector fails to act within 60 days of a request, the court may proceed without it.[4]

Are company directors personally liable for environmental offences?

Yes. Under section 16 of the 1995 Act, owners, directors, managers and other officers are deemed guilty unless they prove lack of knowledge or reasonable efforts to prevent the breach.[1]

What does Article 18A of the Constitution say?

It requires the State to endeavour to protect and improve the environment and safeguard natural resources, biodiversity, wetlands, forests and wildlife for present and future citizens. It was inserted by the Fifteenth Amendment in 2011.[5]

Who licenses brick kilns in Bangladesh?

The Deputy Commissioner of the district, under the Brick Kiln Act 2013 as amended in 2019. Only advanced, fuel-efficient kilns may operate, and kilns are barred from listed areas and buffers.[6]

Who must comply with the 2026 plastic EPR guidelines?

Manufacturers, importers and brand owners of plastic products produced or used in Bangladesh, once listed by the Department of Environment. Industries producing solely for export orders are excluded.[10]

How do I appeal a Department of Environment order?

File an appeal with the appellate authority under section 14 within 30 days, extendable by up to 30 days. The authority must decide within three months and its decision is final.[1]