The first ever law regulating brick production has come into force since July 1 without much preparation and any effort to familiarise it with both the brick makers and officials related to enforcement, sources said.
Officials of the Department of Environment (DoE) said although the law became mandatory from July 1, it will be fully effective after the rainy season when brick production begins.
Earlier, the Ministry of Environment and Forests (MoEF) had taken the decision that the law will be obligatory for the country's all brick kilns from July 1 which was formulated to check widespread environment pollution as well as to save arable land and forest.
"According to the section 1(2) of the law, the government has taken the decision to implement the law promptly," MoEF Secretary Md Shafiqur Rahman Patwari mentioned in a circular.
DoE director general Md Raisul Alam Mondal told the FE about the enforcement of the law. However, he was reluctant to describe much about their preparedness of the law enforcement.
Md Jafar Siddique, director (law) of DoE, said it is not enough to circulate a notice for enforcing a law, but it is needed for preparedness.
"Though the law has been enforced from July 1, the real enforcement will come after the rainy season," he said.
Admitting the lack of preparedness, Mr Siddique said until November, they will take different initiatives to introduce the law among the brick field owners and the officials related to enforce the law.
"We will take various programmes both to introduce and find out the way of implementation of the law," he said.
Mr Siddique said before the full implementation, the brick owners may have some objections as it is very costly to set up a brick field.
"We will sit with the brick filed owners. We will try to consider their appeals and will also enforce the obligations," he said.
Due to rampant environment pollution as well as use of arable land and forest degradation by brick kilns, the government took steps to formulate a law on brick burning.
On November 10, the parliament passed a new bill on brick manufacturing. Later, the Brick Making and Brickfield Establishment (Control) Act 2013 turned into a law after signing by the President.
The previous act on brick production - the Brick Burning (control) Act 1989 - was amended twice - in 1992 and 2001 - before it was finally replaced by the new law.
The new law has introduced tougher regulations for brick production, including a provision of trial for offences under the penal code. Previously, offences were tried under the environment court.
Bangladesh Brick Manufacturing Owners' Association (BBMOA) vice president Asadur Rahman Khan told the FE that the government informed them about enforcement of the law from July 1, but do not know much about it.
"We saw the law and it will be very tough to implement," he said.
Mr Khan said the government sat with the brick makers about two years ago, and they gave some recommendations for formulation of the new law. However, very few of their suggestions have been included in the new law.
About execution of the law, he said the government always includes new things in its regulation, but does not consider the side of brick producer.
"There is no specific criterion of modern technology in government rules. When, they (government official) visit abroad and see new technology. Returning back to country, they issue notice to implement it," he said adding that it is getting difficult for them to change a machine in a short time as it is very costly.
He said they are ready to obey any law. However, he urged the government to consider the overall socio-economic condition of the country.
According the Department of Environment, there are about 6,356 brickfields in the country. However, environmentalists said the number is about 10,000, and half of them are located around the capital.
The new law disallows establishment of brick kilns in residential, protected, commercial and agricultural areas, and also in forests, sanctuaries, wetlands and ecologically critical areas (ECAs). Any brickfield establishment in these prohibited areas would be treated as a criminal offense, says the law.
Maximum punishment for setting up a brickfield in residential, protected or commercial locations will be five years in prison or Tk 5.0 million in fines, or both.
For setting up a brickfield in forests, private or public, sanctuaries and wetlands, the punishment will be one year's imprisonment or Tk 1.0 million in fines.
"Anyone found guilty of using poor quality coal, containing high level of sulphur, will have to pay the maximum fine of Tk 50, 000," as per the law.
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