The
Supreme Court on Monday cleared the way for the government to close the
operation of all shipbreaking yards running without environmental clearance.
The
High Court in a verdict in 2009 directed the government to shut down yards.
The
Appellate Division permitted Bangladesh Ship Breakers’ Association (BSBA) to
withdraw its pending appeal against the HC verdict which had also ordered that
no ship would enter Bangladesh territory for breaking without cleaning its
hazardous materials at source or outside the territory.
Following
a writ petition filed by Bangladesh Environmental Lawyers Association (Bela),
the HC had directed the government to frame necessary rules on shipbreaking in
three months in light of six existing laws.
The
laws are --
- Basel Convention Act, 1989;
- Bangladesh Environment Protection Act, 1995;
- Bangladesh Marine and Fisheries Ordinance, 1989;
- Bangladesh Labour Act, 2006;
- Bangladesh Territorial Water and Maritime Zone Act, 1974; and
- Environment Protection Rules, 1997.
In
response to a stay petition filed by BSBA, the SC on March 23, 2009 stayed a
part of the HC verdict that restricted operation of ship-breaking yards without
environmental clearance.
The
BSBA in April 2009 had filed an appeal with the SC against the HC verdict.
On
January 12 this year, the SC sent two rules framed by the government regarding
shipbreaking to the HC so that the latter (HC) can examine whether they were
prepared as per its 2009 HC directives.
One
of the two rules, Ship Breaking and Ship Recycling Rules, 2011, was issued
through a gazette by Ministry of Industries on December 12 last year.
The
second, Hazardous Waste and Ship Breaking Management Rules 2011, was issued
through a gazette by Ministry of Environment and Forests on December 22 last
year.
Source: Daily Star. 12 November 2012
http://www.thedailystar.net/newDesign/latest_news.php?nid=42393
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