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Evaluation of the EIA System in Bangladesh

Conference Paper · May 2016

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Tanvir Ahmed Shakil Ahmed Ferdausi

Bangladesh University of Engineering and Technology World Bank
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 Evaluation of the EIA System in Bangladesh
Tanvir Ahmed1 and Shakil Ahmed Ferdausi2
1
Department of Civil Engineering, Bangladesh University of Engineering and Technology, Dhaka-1000, Bangladesh
2
World Bank Office Dhaka, Agargaon, Dhaka, Bangladesh
Corresponding author: [email protected]

Abstract
EIA has been practiced in Bangladesh since the late 1980s but it is through the enactment of the
Environment Conservation Act, 1995 and the Environment Conservation Rules, 1997 EIA gained formal
status in the country. Although a rigorous administrative procedure of submission and approval of
necessary environmental documents are in place, evidence suggests that EIA has not yet evolved
satisfactorily in Bangladesh. In this paper, an established set of evaluation criteria has been applied to
evaluate the departure from ideality of the Bangladesh EIA system. The nature of the shortcomings of
the EIA system in practice is discussed. Despite the many shortcomings, the basic structure of the
Bangladesh EIA system can be considered to be sound. It is important for the country to improve on
these limitations with an aim to building a robust EIA system for sustainable development.

Introduction
In order for EIA to be effective, it has to be intertwined with the country’s legal system and backed by a
clear set of administrative protocols with sufficient institutional capacity. With a decent set of sectoral
guidelines for conducting environmental assessment, a sound legal basis and established institutional
framework for EIA review and approval, Bangladesh has a systematic mechanism in place for
examining the environmental consequences of development initiatives. But evidence suggests that EIA
has not yet evolved satisfactorily in Bangladesh in several aspects (Kabir and Momtaz 2013, Momtaz
2002). It is a widely speculated that in Bangladesh EIA still remains an instrument for project approval
and not a tool that can promote the environmental sustainability of the project.

Assessment of EIA system

In order to assess the effectiveness of the EIA system in Bangladesh, we use an evaluative criteria
developed by Wood (1995) and modified by Annandale (2001). This system of evaluation assesses the
EIA system under consideration under seven subcategories: 1. Legal/administrative backing, 2.
Preliminary Assessment, 3. Detailed Assessment, 4. EIA study review, 5. Decision-making, 6. Follow-
up and 7. Administrative support.Each subcategory was also supported by two to five sub-criteria
(evaluative principles) (see Table 1). These evaluation principles were applied to the ECA 1995, ECR
1997, prevailing Administrative procedures of the Department of Environment.

Table 1: Evaluation of the EIA system in Bangladesh

Evaluative principles Rating Comments
1. Legal/ administrative backing
Is the system based on clear legal Yes Basis provided in the ECA 1995 and ECR 1997
provisions?
Does the EIA system rest on detailed Yes These are outlined in ECR 1997 and other sectoral guidelines
administrative procedures/guidelines?
Is there a broad and open process of Yes The proponent may appeal if the application for ECC gets rejected
proposal referral?
2. Preliminary assessment
Does the EIA system require the analysis of No The provision of site clearance undermines the ECC as well as the

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Evaluative principles Rating Comments
alternatives? necessity of alternate analysis.
Does the EIA system provide a mechanism Yes Projects are screened as Green, Orange-A, Orange-B are Red
for screening of actions for environmental based on their location and environmental burden. A list of
significance? industries are given under each of the categories which aids the
proponent on choosing the correct administrative procedures
Does the EIA system require that the Yes Some sectoral guidelines prescribe methods for scoping of
scoping of environmental impacts of actions environmental actions. Based on IEE, DoE decides whether a full-
take place? scale EIA would be necessary.

3. Detailed assessment
Does the EIA system require that reports Yes DoE has to approve the Terms of Reference of the study which
meet prescribed content requirements? usually contains an outline of the contents

Are the relevant environmental impacts of No Depends on the quality and expertise of the consultants.
all significant actions assessed?
Do checks on content (by Government No Report is reviewed by the DoE but not publicly disclosed.
assessing agencies) occur before publication
of the proponent’s EIA study?
4. EIA study review
Are the EIA studies presented for public No The current EIA system in the country does not have such a scope
review, and is the proponent required to for public consultation and disclosure.
respond to issues raised?
5. Decision making
Is the decision-making process of Yes The proponent gets an opportunity to present his EIA to the DoE
Government transparent?
Is the decision, and the reasons for it, Yes The minutes of the decision meeting is made public through the
published? DoE website.
Do these reasons include an explanation of No No such explanation is provided.
how the EIA report and review influenced
the decision?
Does the EIA system require that legally Yes The conditions put forward in the EMP (and additional conditions
binding conditions be set? set by DoE, if any) is set as legally binding
Does the law/administrative procedures Yes The proponent needs to make amendments and resubmit the
allow for a decision to be postponed until an report; the decision is postponed until the report meets the
EIA report has been prepared and reviewed? expectations of the DoE

6. Follow-up
Does the EIA system require post-approval Yes through the legally binding conditions set through the EMP
monitoring of action impacts to be
undertaken?
Does the EIA system require that mitigation Yes Same as above.
of action impacts be considered at various
stages of the EIA process?
Is there a process for auditing proponents’ No No such formal process is in place. The ECC renewal requirement
commitments? can serve as a pseudo auditing mechanism.
Is there a process for monitoring and No Same as above.
auditing the EIA system as a whole?
7. Administrative support
Is the EIA system given adequate resources? No DoE does not have enough staff to conduct post-EIA monitoring
and follow up on the commitments in the EIA
Do existing staff have the appropriate skills Yes DoE has the skills and expertise to review EIS, conduct
to operate the EIA system? monitoring
Does a well-qualified, private local No
consulting sector exist?

2
Evaluative principles Rating Comments
Is the ‘across-Government’ environmental Yes The relevant government agencies implementing projects are
administrative system supportive of EIA? sensitized with the need for EIA. However, some agencies may
lack in technical expertise to monitor impacts and mitigation
measures

Superficially looking at Table 1 one can find that the Bangladesh EIA system is quite far from an 'ideal'
system as it scored only 13 'yes' responses of the 23 criteria under consideration. The specific areas
where the Bangladesh EIA system is lacking under the framework of the abovementioned evaluative
criteria are discussed as follows:

Analysis of Alternatives
The DoE approves site clearance for the project before issuing the ECC which is issued after the EIA
report has been reviewed. As per ECR 1997, the project proponent is allowed to develop the land (and
invest resources) on the project site before approval of EIA when the site clearance is issued. This
undermines the importance of the ECC and any analysis presented in the EIA (or any analysis of
alternate sites) would only be there to justify the site already selected for the project. This greatly
diminishes the value of any analysis of alternatives.

Assessment of Significant Impacts and Overall Quality of Environmental Impact Statements

The Environmental Impact Statement (EIS) is considered the fundamental indicator of the effectiveness
of EIA as the information presented in the report reflects the technical and scientific quality of the EIA
process (Modak and Biswas, 1999). Kabir and Mamtaz (2012), based on an empirical study, found that a
significant portion (34%) of the EISs were still unsatisfactory. The quality of EIS of water and
infrastructure sectors have been found to be better than that of the energy and industry sectors
presumably because the former have relatively longer experiences in EIA practice compared to the latter
(Kabir and Momtaz, 2011). It is often found that the type of baseline data collected for a particular
project is largely irrelevant to the project and therefore not useful for impact prediction or post-EIA
monitoring. The other factors resulting in poor baseline studies are (1) the proponent not allowing
enough time for the consultant to conduct EIA studies, (2) inadequate resources to conduct a
comprehensive baseline study (inadequate laboratories, available equipment etc.) as well as limited
access to available baseline data and (3) inadequate funds allocated by the proponent.The impact
identification and impact evaluation stages of the EIA are also poorly performed. This could be due to
lack of technical expertise to quantitatively or qualitatively assess impacts, insufficient knowledge of
impact assessment methodologies and poor presentation of scientific information.

Public consultation
Although the current EIA legislations do not recognize public consultation as a means for environmental
decision-making, often the project proponent engages in some form of public interaction in various
degrees typically for donor-funded projects where the requirement for public consultation is obligatory.
It has been found that in most of the cases, the public consultation is made in a limited nature during
EIA preparation stages but totally absent during the implementation of the EMP. Arrangements to
record any complaints by the community people about any environmental impacts and a mechanism for
redressing the grievances are also typically not found present in most cases (Kabirand Momtaz, 2011).
The current legislations do not also require the proponent to disclose information regarding the outcome
of the EIA to the public. So the stakeholders, though consulted in the early stages of the EIA, are usually
unaware of the issues related to the EIA in the long run.

3
Underdeveloped private consulting sector within the country
Some of the above deficiencies are associated withthe inadequate number of qualified consultants in the
country to carry out EIA studies.There is no code of conduct for EIA consultants; nor there is any
requirement of registration. A private consulting sector specialized in performing EIA studies is not
totally developed yet, a situation which can only be improved through extensive capacity building.
Number of Projects recieving

7000 25000 22833

6000
20000 16980
5000
4000 15000 11677
3000
ECC

10000
2000 5427
4076
1000 5000 2226 1409
0 73
2010 2011 2012 2013 2014 0
Red 201 205 269 278 290 2011 2012 2013 2014
Orange B 2495 2768 3272 2874 2953 Cumulative Number of Orange and Red category projects
Orange A 2266 2454 2709 2151 2610 approved since 2010
Incremental number of ECC renewed since 2010
Green 25 9 32 8 14

Figure 1: Number of different categories of projects given ECC during 2010-2014 in Bangladesh (left)
and comparison between the expected number of ECC renewals and the actual number of renewals since
2010 (right). (Data source: Department of Environment)

EIA implementation and follow-up

Even if the EIA report is of adequate quality, the follow-up of the EIA, that is the implementation of
mitigation measures and monitoring, determines the ultimate effectiveness of the EIA. Figure 1 (left)
shows over 5000 projects have been receiving environmental clearance through the regulatory authority
each year in Bangladesh over the last 5 years. In the Bangladesh EIA system, the EMP is a binding
obligation for ECC and the project proponent is also has to apply for renewal of the ECC after a certain
time period for the entire life-span of the project as per ECR 1997.The environmental clearance issued
by the DoE remains valid for three years for green projects, and one year for other categories (ECR,
1997). The information that typically accompany with the application for the renewal of ECC are status
of the project as well as environmental monitoring data which serves as an important indicator for the
effectiveness of mitigation measures suggested in the EMP. In an ideal case, the number of renewals
should theoretically match with the cumulative number of ECCs issued to-date. The ECC renewal data
collected over the last five years show that the number of additional renewals is only a small fraction of
this expected number (Figure 2 (right)). This indicates that the mechanism put forward through the ECR
1997 for post-EIA monitoring is practically ineffective since the proponents are not submitting renewal
applications in within their stipulated time period as required by the provisions of ECR 1997. In many
cases, it has been found that the proponents are totally unaware of this particular provision of ECR 1997.
DoE is mandated by ECA 1995 to monitor the compliance of the project proponent with the ECC during
the implementation and operation phase of the project. However inadequate capacity, both technical and
financial, does not allow the agency to act on its mandate in an effective way at present. With an
increasing number of projects being issued ECC each year along with the cumulative burden of all the
previous years, the prospects of DoE to bring all the projects it has cleared under its monitoring wing
remain uncertain. Kabir et al 2011 showed that even some donor funded projects in Bangladesh showed
4
poor of adherence to EMP despite EIA prepared as per requirements of the donor agencies and frequent
donor oversight. For projects funded by GoB, Public Private Partnerships (PPP) and private entities,
where DoE is the sole agency for overseeing the EIA follow-up, the implementation of mitigation
measures is largely unknown.

Discussion on Evaluative criteria

From the summary evaluation presented in Table 1, it appears that the Bangladesh EIA system is
adequate in many respects while deficient in certain other criteria. Annandale (2001) suggested that a set
of 'core' criteria must be met for an EIA system to be effective which are: the existence of legal and
administrative backing of the EIA system, the involvement of regulators in the establishment of scoping
guidelines, existence of transparent government decision-making and approvals and adequate
administrative support and viable private consulting sector. Most of these core criteria are satisfied in the
case of Bangladesh EIA system. Therefore, although much can be done to improve the EIA process in
Bangladesh (e.g. increasing administrative resources for monitoring and follow-up, developing a good
private consulting sector, improving the impact prediction methodologies and tools), the fundamental
structure of the EIA system can be considered sound. It is important for Bangladesh to maintain an
iterative and ‘continuous improvement’ philosophy, so that revisions can be made when necessary, in
order to strengthen its EIA system.

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