Sei sulla pagina 1di 15

Implementing Policies for Clean Air in Bangladesh and Planned Industrialization in Bangladesh

PRINCIPAL M WAZIULLAH BHUIYAN


MODEL LAW COMMISSION AND LEGISLATIVE
PROCESS SIMULATION-2019

Draft agenda: - 01

Implementing Policies for Clean Air in Bangladesh and Planned


Industrialization in Bangladesh

Submitted BY
Jurist
Britannia University, Comilla

Preamble

1|Page
Implementing Policies for Clean Air in Bangladesh and Planned Industrialization in Bangladesh

An Act for the prevention, control, and abatement of Implementing Policies for Clean Air and
Planned Industrialization in Bangladesh. Bangladesh has strong environental and natural
resource management policies and regulations, there remains a need for Integrating
environmental protection and management into national planning and strengthening
environmental institutions, especially to respond to Bangladesh’s rapid urbanization,
industrialization, and growing pollution. Unlocking the potential of the climate-smart “blue”
economy. Bangladesh needs to improve its protection of ocean health, create sustained jobs
and livelihoods, and strengthen its management of vast marine resources. Substantially
reducing air pollution could save up to 3,500 lives and avoid up to 230 million cases of
respiratory diseases annually in Bangladesh. In economic terms, this is equivalent to around
US$ 500 million in savings due to reduced health care costs and increased productivity per
annum. Implementing this act development of Clean Air in Bangladesh and Planned
Industrialization in Bangladesh sector concern locally and globally by the Ministry of the
environment and all other sections to coordinate the policy. BE it enacted this draft Law by
Parliament of the Republic of Bangladesh as follows:-

1. Short title, extent and commencement


(1) This Act may be called the Implementing Policies for Clean Air in Bangladesh and
Planned Industrialization in Bangladesh.
(2) It extends to the whole of Bangladesh.
(3) It shall come into force on such date as the Central Government may, by notification in
the
Official Gazette, appoint.

2. Definitions.
In this Act, unless the context otherwise requires,-
(a) "Air pollutant" means any solid, liquid or gaseous substance 2 [(Including noise)]
present in the Atmosphere in such concentration as may be or tend to be injurious to
human beings or other Living creatures or plants or property or environment;
(b) "Air pollution" means the presence in the atmosphere of any air;
(c) "Department" means the Department of Clean Air in Bangladesh and Planned
Industrialization in Bangladesh established under section 3 of this Act;
(d) "Director General" means Director General of the Department;

2|Page
Implementing Policies for Clean Air in Bangladesh and Planned Industrialization in Bangladesh

(e) "ecosystem" means the inter-dependent and balanced complex association of all
components of the environment which can support and influence the conservation and
growth of all living organisms;
(f) "person" means a person or group of persons, and includes any company, association
or corporation, whether incorporated or not;
(g) "pollution" means the contamination or alteration of the physical, chemical or
biological properties of air, water or soil, including change in their temperature, taste,
odor, density, or any other characteristics, or such other activity which, by way of
discharging any liquid, gaseous, solid, radioactive or other substances into air, water
or soil or any component of the environment, destroys or causes injury or harm to
public health or to domestic, commercial, industrial, agricultural, recreational or other
useful activity, or which by such discharge destroys or causes injury or harm to air,
water, soil, livestock, wild animal, bird, fish, plant or other forms of life;
(h) "Industrial plant" means any plant used for any industrial or trade purposes and
emitting any air pollutant into the atmosphere;
(i) "Member" means a member of the Central Board or a State Board, as the case may be,
and includes the Chairman thereof,
(k) "Occupier", in relation to any factory or premises, means the person who has control
over the affairs of the factory or the premises, and includes, in relation to any substance,
the person in possession of the substance;]
(j) "Prescribed" means prescribed by rules made under this Act by the Central
Government or as the case may be, the State government;
(k) Definitions of industries in the manufacturing sector: (a)"Large Industry" means an
industry in which the value/replacement cost of durable resources other than land and
factory buildings is above 100 million taka. (b) "Medium Industry" means an industry
in which the value/replacement cost of durable resources other than land and factory
buildings is between 15 million and 100 million taka. (c) "Small Industry" means an
industry in which the value/replacement cost of durable resources other than land and
factory buildings is under 15 million taka. (d) "Cottage industry" means an industry in
which members of a family are engaged part-time or full-time in production and
service-oriented activities, And definitions of industries in the non-manufacturing
sector (trading and other services): a)"Large Industry" means an industry in which
more than 100 workers work. b)"Medium Industry" means an industry in which 25 to
1 00 workers work c) "Small Industry" means an industry in which fewer than 25
workers work(unlike family members in a cottage industry).

3|Page
Implementing Policies for Clean Air in Bangladesh and Planned Industrialization in Bangladesh

(l) “Inspector” means an Inspector of the Department of Environment or any other person 2
authorized by the Director General by a general or special order or a person authorized under
any other environmental law to inspect or investigate;
2A. Overriding effect of the Act. - Notwithstanding anything contained to the contrary in
any other law for the time being in force, the provisions of this Act, rules and directions
issued under this Act shall have effect.
Sec.3. Department of Air. –
(1) The Government shall, for carrying out the purposes of this Act, establish a
Department to be called the Department of Air. And headed by a Director General.
(2) The Director General shall be appointed by the Government and the terms and
conditions of his service shall also be determined by the Government.
(3) For proper performance of the functions of the Department, necessary officers and
employees shall be appointed in the manner and on the terms and conditions
prescribed by rules.
Sec. 4. Constitution of the Boards.
(1) The State Government has not constituted a [State Board for the Clean Air in Bangladesh
and Planned Industrialization in Bangladesh] under that Act, the State Government shall, with
effect from such date as it may, by notification in the Official Gazette, appoint, constitute a
State Board for the Prevention and Control of Air Pollution under such name as may be
specified in the notification, to exercise the powers conferred on, and perform the functions
assigned to, that Board under this Act.
(2) A State Board constituted under this Act shall consist of the following members, namely:-

(a) A Chairman, being a person, having a person having special knowledge or


practical experience in respect of matters relating to environmental
protection, to be nominated by the State Government: Provided that the
Chairman may be either whole-time or part-time as the State Government
may think fit;
(b) Such number of officials, not exceeding five, as the State Government may
think fit, to be nominated by the State Government to represent that
government;
(c) Such number of persons, not exceeding five, as the State Government may
think fit, to be nominated by the State Government from amongst the
members of the local authorities functioning within the State;
(d) Such number of non-officials, not exceeding three, as the State
Government may think fit, to be nominated by the State Government to

4|Page
Implementing Policies for Clean Air in Bangladesh and Planned Industrialization in Bangladesh

represent the interest of agriculture, fishery or industry or trade or labor or


any other interest, which in the opinion of that government, ought to be
represented;

(e) Two persons to represent the companies or corporations owned, controlled


or managed by the State Government, to be nominated by that
Government;
(f) A full-time member-secretary having such qualifications knowledge and
experience of scientific, engineering or management aspects of pollution
control as may be prescribed, to be appointed by the State Governments;
Provided that the State Government shall ensure that not less than two of
the members are persons having special knowledge or practical experience
in, respect of matters relating to the improvement of the quality of air or
the prevention, control or abatement of Clean Air in Bangladesh and
Planned Industrialization in Bangladesh.
(4) Every State Board constituted under this Act shall be a body corporate with the name
specified by the State Government in the notification issued under sub-section (1),
having perpetual succession and a common seal with power, subject to the provisions
of this Act, to acquire and dispose of property and to contract, and may by the said
name sue or be sued.
Sec.4A. Assistance from law enforcing agencies and other authorities. –
(1) The Director General or a person authorized by him may, for the purpose of exercising any power
or performing any function under this Act, request any law enforcing agency, or any other
Government or statutory authority to render necessary assistance, and upon such request that agency
or authority shall render the assistance.(Example: Bangladesh Standards and Testing Institution
(BSTI), Bangladesh Industrial Technical Assistance Center (BIT AC), Bangladesh Institute of
Management (BIM), Bangladesh Small and Cottage Industries Corporation (BSCIC),
National Productivity Organization (NPO) and Small and Cottage Industries Training
Institute (SCITI) under the Ministry of Industries, and the National Institute of Textile
Training, Research and Design (NITTRED), Textile Vocational Institutes, Textile Diploma
Institute and Bangladesh Silk Research and Training Institutes under the Ministry of Textiles
and Jute.)

Sec. 5. Power and functions of the Director General.

5|Page
Implementing Policies for Clean Air in Bangladesh and Planned Industrialization in Bangladesh

(1) Subject to the provisions of this Act, the Director General may take such measures as
he considers necessary and expedient for the Clean Air in Bangladesh and Planned
Industrialization in Bangladesh and for the control and mitigation of Air pollution,
and he may issue necessary directions in writing to any person for the discharge of his
duties under this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such
measures may include all or any of the following :-
a. co-ordination with the activities of any authority or agency having relevance
to the objectives of this Act;
b. prevention of probable accidents which may cause environmental degradation
and pollution, undertaking safety measures and determination of remedial
measures for such accidents and issuance of directions relating thereto;
c. giving advice or, as the case may be, issuing directions to the concerned
person regarding the environmentally sound use, storage, transportation,
import and export of a hazardous substance or its components.
d. conducting inquiries and undertaking research on conservation, improvement
and pollution of the environment and rendering assistance to any other
authority or organization regarding those matters;
e. searching any place, examining any equipment, manufacturing or other
processes, ingredients, or substance for the purpose of improvement of the
environment, and control and mitigation of pollution; and issuance of direction
or order to the appropriate authority or person for the prevention, control and
mitigation of environmental pollution;
f. collection and publication of information about environmental pollution;
g. advising the Government to avoid such manufacturing processes, commodities
and substances as are likely to cause environmental pollution;
h. carrying out programs for observation of the quality of drinking water and
preparation of reports thereon, and rendering advice or, as the case may be,
issuing direction to the concerned persons to follow standards for drinking
water.
(3) A direction issued under this section may include matters relating to closure,
prohibition or regulation of any industry, undertakings or processes, and the
concerned person shall be bound to comply with such direction:
Provided that-
a. the Director General shall, before issuing a direction of closure or prohibition
of an industry, undertaking or process, send to the owner or occupier thereof a

6|Page
Implementing Policies for Clean Air in Bangladesh and Planned Industrialization in Bangladesh

written notice so that he gets reasonable opportunity to make that industry,


undertaking or process environmentally sound; and
b. where the Director General considers it appropriate, he may also specify in the
notice that actions under sub-section (2) of section 4A may be taken if,
pursuant to the notice, measures are not taken to make the relevant activities
environmentally sound:
Provided further that, if the Director General considers that, due to a particular
environmental pollution, the public life is likely to be in danger and that urgent
action is necessary, he may immediately issue necessary directions.
(4) A time limit may be specified by the Director General for carrying out a direction
issued under this section.

Sec.6. Power of entry etc. - (1) Subject to the provisions of this section, any person generally
or specially authorized in this behalf by the Director General shall have the right to enter any
building or other place at all reasonable times, with such assistance as he considers necessary
for the following purposes, namely :-
a. to perform his duties under this Act or rules;
b. to inspect any activity carried out at such place or building under this Act or
rules or a notice, order or direction issued There under;
c. to test or verify any equipment, industrial plant, record, register, document or
any other significant material;
d. to conduct a search of a building or place if such person has reason to believe
that an offence has been committed in that building or place in contravention
of this Act or rule or any notice, order or direction issued there under;
e. to seize any equipment, industrial plant, record, register, document or other
material that may be used as evidence of the commission of any offence
punishable under this Act or rules.
(2) The person operating any industry, activity or process or the person handling any
hazardous substance shall be bound to render all assistance to the said authorized person in
discharging his duties under this Act.
Sec.7. Declaration of ecologically critical area. - If the Government is satisfied that an area
is in an environmentally critical situation or is threatened to be in such situation, the
Government may, by notification in the official Gazette, declare such area as an ecologically
critical area.

7|Page
Implementing Policies for Clean Air in Bangladesh and Planned Industrialization in Bangladesh

Sec.8. Restrictions on manufacture, sale etc. of articles injurious to environment.- If, on


the advice of the Director General or otherwise, the Government is satisfied that all kinds or
any kind of polythene shopping bag, or any other article made of polyethylene or
polypropylene, or any other article is injurious to the environment, the Government may, by
notification in the official Gazette, issue a direction imposing absolute ban on the
manufacture, import, marketing, sale, demonstration for sale, stock, distribution, commercial
carriage or commercial use, or allow the operation or management of such activities under
conditions specified in the notification, and every person shall be bound to comply with such
direction.
Sec.9. Clearance Certificate. - No industrial unit or project shall be established or
undertaken without obtaining, in the manner prescribed by rules, an Environmental Clearance
Certificate from the Director General.
Sec.10. Formulation of guidelines. - The Government may, by notification in the official
Gazette from time to time, formulate and publish environmental guidelines relating to the
control and mitigation of Air pollution, conservation and improvement of the Clean Air.
Sec.11. Penalties. - For violation of a provision or for non-compliance of a direction, penalty
of 10 years imprisonment or fine or both for violating the law governing air pollution, and
doesn’t spare public sector leaders, making heads of government agencies liable for
punishment if their organization commits an offence.
Sec.12. Appeal.- (1) Any person aggrieved by a notice, order or direction issued under this
Act or rules may, within 30 days from the date of issuance of the notice, order or direction,
appeal to the Appellate Authority constituted by the Government for the purpose of this Act.
and the decision of such Authority on the appeal shall be final and shall not be called in
question in any court :
Provided that the Appellate Authority may, if it is satisfied that for some unavoidable reason
the aggrieved person could not file the appeal within that time, extend the period for filing the
appeal by a period not exceeding thirty days.
Sec.13. Claim for compensation. - Where a person or a group of persons or the public
suffers loss due to violation of a provision of this Act or the rules, the Director General may
file a suit for compensation on behalf of that person, group or the public.
Sec.14. Power to make rules. –
(1) The Government may, by notification in the official Gazette, make rules for carrying out
the purposes of this Act.

8|Page
Implementing Policies for Clean Air in Bangladesh and Planned Industrialization in Bangladesh

(2) In particular and without prejudice to the generality of the foregoing power, such rules
may provide for all or any of the following matters:
(a) determination of the standards of air, water, sound, soil and other
components of the environment in relation to different areas for different
purposes :
(b) Provided that the Government may, by notification in the official Gazette, for a
specified period suspend the application of such standard, generally or
individually, in respect of industries or projects existing at the time of
commencement of this Act;
(c) regulation of the establishment of industries and other development activities for
conservation of environment and Air;
(d) determination of safe procedures for the use, storage and transportation of
hazardous substances;
(e) determination of safety and remedial measures for prevention of accidents which
may cause pollution of the environment;
(f) determination of the standards for effluent and discharge;
(g) procedures for assessment of the environmental impact of various projects and
activities, and procedures for their review and approval;
(h) procedures for protection of the Air and ecosystem;
(i) determination of fees for obtaining Air clearance certificates and other services.
Sec.15. Repeal and saving.-
(1) Notwithstanding such repeal, anything done or any action taken under the repealed
Ordinance shall be deemed to have been done under the provisions of this Act.
(2) The Department of Air existing before the commencement of this Act shall be deemed
to have been established under section 3 and the Director General and other officers
and employees of that Department shall be deemed to have been appointed under this
Act.

9|Page
Implementing Policies for Clean Air in Bangladesh and Planned Industrialization in Bangladesh

Air quality laws govern the emission of air pollutants into the atmosphere. A specialized
subset of air quality laws regulate the quality of air inside buildings. Air quality laws are
often designed specifically to protect human health by limiting or eliminating airborne
pollutant concentrations. Other initiatives are designed to address broader ecological
problems, such as limitations on chemicals that affect the ozone layer, and emissions
trading programs to address acid rain or climate change. Regulatory efforts include
identifying and categorizing air pollutants, setting limits on acceptable emissions levels, and
dictating necessary or appropriate mitigation technologies.

Contents

 1Air pollutant classification


 2Air quality standards

 3Emission standards

 4Control technology requirements

 5Bans

 6Data collection and access

 7Controversy

 8Around the world

 9References

 10External links

Air pollutant classification[edit]

10 | P a g e
Implementing Policies for Clean Air in Bangladesh and Planned Industrialization in Bangladesh

Air quality regulation must identify the substances and energies which qualify as "pollution"
for purposes of further control. While specific labels vary from jurisdiction to jurisdiction,
there is broad consensus among many governments regarding what constitutes air pollution.
For example, the United States Clean Air Act identifies ozone, particulate matter, carbon
monoxide, nitrogen oxides (NOx), sulfur dioxide (SO2), and lead (Pb) as "criteria" pollutants
requiring nationwide regulation.[1] EPA has also identified over 180 compounds it has
classified as "hazardous" pollutants requiring strict control. [2] Other compounds have been
identified as air pollutants due to their adverse impact on the environment (e.g., CFCs as
agents of ozone depletion), and on human health (e.g., asbestos in indoor air).[3] A broader
conception of air pollution may also incorporate noise, light, and radiation. The United States
has recently seen controversy over whether carbon dioxide (CO2) and other greenhouse
gases should be classified as air pollutants.[4]

Air quality standards[edit]


Air quality standards are legal standards or requirements governing concentrations of air
pollutants in breathed air, both outdoors and indoors. Such standards generally are expressed
as levels of specific air pollutants that are deemed acceptable in ambient air, and are most
often designed to reduce or eliminate the human health effects of air pollution, although
secondary effects such as crop and building damage may also be considered. [5] Determining
appropriate air quality standards generally requires up-to-date scientific data on the health
effects of the pollutant under review, with specific information on exposure times and
sensitive populations. It also generally requires periodic or continuous monitoring of air
quality.
As an example, the United States Environmental Protection Agency has developed
the National Ambient Air Quality Standards(NAAQS)[6] NAAQS set attainment thresholds
for sulfur dioxide, particulate matter (PM10 and PM2.5), carbon monoxide, ozone, nitrogen
oxides NOx, and lead (Pb) in outdoor air throughout the United States. Another set of
standards, for indoor air in employment settings, is administered by the U.S. Occupational
Safety and Health Administration.[7]
A distinction may be made between mandatory and aspirational air quality standards. For
example, U.S. state governments must work toward achieving NAAQS, but are not forced to
meet them. On the other hand, employers may be required immediately to rectify any
violation of OSHA workplace air quality standards.

Emission standards[edit]
Main article: Emission standard
Emission standards are the legal requirements governing air pollutants released into
the atmosphere. Emission standards set quantitative limits on the permissible amount of
specific air pollutants that may be released from specific sources over specific timeframes.
They are generally designed to achieve air quality standards and to protect human life.
Numerous methods exist for determining appropriate emissions standards, and different
regulatory approaches may be taken depending on the source, industry, and air

11 | P a g e
Implementing Policies for Clean Air in Bangladesh and Planned Industrialization in Bangladesh

pollutant under review.[8] Specific limits may be set by reference to and within the confines of
more general air quality standards. Specific sources may be regulated by means of
performance standards, meaning numerical limits on the emission of a specific pollutant from
that source category. Regulators may also mandate the adoption and use of specific control
technologies, often with reference to feasibility, availability, and cost. Still other standards
may be set using performance as a benchmark - for example, requiring all of a specific type
of facility to meet the emissions limits achieved by the best performing facility of the group.
All of these methods may be modified by incorporating emissions averaging, market
mechanisms such as emissions trading, and other alternatives.
For example, all of these approaches are used in the United States. [9] The United States
Environmental Protection Agency (responsible for air quality regulation at a national level
under the U.S. Clean Air Act, utilizes performance standards under the New Source
Performance Standard (NSPS) program. Technology requirements are set under RACT
(Reasonably Available Control Technology), BACT (Best Available Control Technology),
and LAER (Lowest Achievable Emission Rate) standards. [10] Flexibility alternatives are
implemented in U.S. programs to eliminate acid rain, protect the ozone layer, achieve
permitting standards, and reduce greenhouse gas emissions.[11]

Control technology requirements[edit]


In place of or in combination with air quality standards and emission control standards,
governments may choose to reduce air pollution by requiring regulated parties to adopt
emissions control technologies (i.e., technology that reduces or eliminates emissions). Such
devices include but are not limited to flare stacks, incinerators, catalytic
combustion reactors, selective catalytic reduction reactors, electrostatic
precipitators, baghouses, wet scrubbers, cyclones, thermal oxidizers, Venturi
scrubbers, carbon adsorbers, and biofilters.
The selection of emissions control technology may be the subject of complex regulation that
may balance multiple conflicting considerations and interests, including economic cost,
availability, feasibility, and effectiveness.[12] The various weight given to each factor may
ultimately determine the technology selected. The outcome of an analysis seeking a
technology that all players in an industry can afford could be different from an analysis
seeking to require all players to adopt the most effective technology yet developed, regardless
of cost. For example, the United States Clean Air Act contains several control technology
requirements, including Best Available Control Technology (BACT) (used in New Source
Review), Reasonably Available Control Technology (RACT) (existing sources), Lowest
Achievable Emissions Rate (LAER) (used for major new sources in non-attainment areas),
and Maximum Achievable Control Technology (MACT) standards.

Bans[edit]
Air quality laws may take the form of bans. While arguably a class of emissions control law
(where the emission limit is set to zero), bans differ in that they may regulate activity other
than the emission of a pollutant itself, even though the ultimate goal is to eliminate the
emission of the pollutant.
12 | P a g e
Implementing Policies for Clean Air in Bangladesh and Planned Industrialization in Bangladesh

A common example is a burn ban.[13] Residential and commercial burning of wood materials
may be restricted during times of poor air quality, eliminating the immediate emission of
particulate matter and requiring use of non-polluting heating methods. A more significant
example is the widespread ban on the manufacture of dichlorodifluoromethane (Freon)),
formerly the standard refrigerant in automobile air conditioning systems. This substance,
often released into the atmosphere unintentionally as a result of refrigerant system leaks, was
determined to have a significant ozone depletion potential, and its widespread use to pose a
significant threat to the Earth's ozone layer. Its manufacture was prohibited as part of a suite
of restrictions adopted internationally in the Montreal Protocol to the Vienna Convention for
the Protection of the Ozone Layer. Still another example is the ban on use of asbestos in
building construction materials, to eliminate future exposure to carcinogenic asbestos fibers
when the building materials are disturbed.

Data collection and access[edit]


Air quality laws may impose substantial requirements for collecting, storing, submitting, and
providing access to technical data for various purposes, including regulatory enforcement,
public health programs, and policy development.
Data collection processes may include monitoring ambient air for the presence of pollutants,
directly monitoring emissions sources, or collecting other quantitative information from
which air quality information may be deduced. For example, local agencies may employ
a particulate matter sampler to determine ambient air quality in a locality over time. Fossil
power plants may required to monitor emissions at a flue-gas stack to determine quantities of
relevant pollutants emitted. Automobile manufacturers may be required to collect data
regarding car sales, which, when combined with technical specifications regarding fuel
consumption and efficiency, may be used to estimate total vehicle emissions. In each case,
data collection may be short- or long-term, and at varying frequency (e.g., hourly, daily).
Air quality laws may include detailed requirements for recording, storing, and submitting
relevant information, generally with the ultimate goal of standardizing data practices in order
to facilitate data access and manipulation at a later time. [14] Precise requirements may be very
difficult to determine without technical training and may change over time in response to, for
example, changes in law, changes in policy, changes in available technology, and changes in
industry practice. Such requirements may be developed at a national level and reflect
consensus or compromise between government agencies, regulated industry, and public
interest groups.
Once air quality data are collected and submitted, some air quality laws may require
government agencies or private parties to provide the public with access to the information -
whether the raw data alone, or via tools to make the data more useful, accessible, and
understandable. Where public access mandates are general, it may be left to the collecting
agency to decide whether and to what extent the data is to be centralized and organized. For
example, the United States Environmental Protection Agency, National Oceanic and
Atmospheric Administration, National Park Service, and tribal, state, and local agencies

13 | P a g e
Implementing Policies for Clean Air in Bangladesh and Planned Industrialization in Bangladesh

coordinate to produce an online mapping and data access tool called AirNow, which provides
real-time public access to U.S. air quality index information, searchable by location.
Once data are collected and published, they may be used as inputs in mathematical models
and forecasts. For example, atmospheric dispersion modeling may be employed to examine
the potential impact of new regulatory requirements on existing populations or geographic
areas. Such models in turn could drive changes in data collection and reporting requirements.

Controversy
LOCAL AIR QUALITY MANAGEMENT

Part IV of the Environment Act 1995, which covers England, Scotland and Wales, and the
Environment (Northern Ireland) Order 2002, requires all local authorities in the UK to review
and assess air quality in their area. If any standards are being exceeded or are unlikely to be
met by the required date, then that area should be designated an Air Quality Management
Area (AQMA) and the local authority must draw up and implement an action plan aimed at
reducing levels of the pollutant. Local authorities are required to make copies of their reviews
and assessments of local air quality available to the public, as well as any orders designating
an AQMA, and to consult locally on the action plan. In many areas, traffic is likely to be the
main contributor to excessive levels of pollution

In December 2015 the government launched a third consultation on Local Air Quality
Management, this time on the proposed Technical and Policy Guidance. Whilst we welcomed
the updated guidance for Local Air Quality Management, and the aims to streamline
reporting, introduce a role for local authorities in reducing emissions of PM2.5, and clarify
roles and responsibilities, there were a number of places where the guidance (and the
underlying LAQM system) could be strengthened, to achieve more effective action and
earlier compliance with the national objectives and the EU directive. We raised these in our
response to the consultation.

FIXED PENALTY NOTICES

Where an AQMA has been declared, local authorities in England and Wales can apply for
powers to carry out roadside emissions testing under the Road Traffic (Vehicle Emissions)
(Fixed Penalty) (England) Regulations 2002 and the Road Traffic (Vehicle Emissions) (Fixed
Penalty) (Wales) Regulations 2003. In Scotland all local authorities have these powers
available to them, under the Road Traffic (Vehicle Emissions) (Fixed Penalty) (Scotland)
Regulations 2003.

14 | P a g e
Implementing Policies for Clean Air in Bangladesh and Planned Industrialization in Bangladesh

Authorised and adequately trained persons can then carry out an emissions test on a vehicle
being driven through, or about to pass through, an AQMA and if an offence has been
committed a fixed penalty of £60 can be issued. A driver can also be required to submit their
vehicle to a test and to produce a test certificate. If the fixed penalty is not paid within the
given timeframe it can rise to £90.

1. classification of Air pollution


2. Emission standards
3. Environmental permitting
4. Local Air quality manegement
5. Fixed or instant penalty

15 | P a g e

Potrebbero piacerti anche