Safeguarding Bangladesh’s Natural Heritage: The Wildlife, Forest and Biodiversity Conservation Ordinance and the Haor and Wetlands Protection, Conservation and Development Ordinance, 2026

The preservation of the environment has emerged as a critical issue in Bangladesh’s constitutional and legal framework, driven by rapid biodiversity loss, deforestation, wetland destruction, and escalating climate change risks. In line with the constitutional mandate under Article 18A, which obliges the State to protect and improve the environment and to preserve and safeguard natural resources, biodiversity, wetlands, forests, and wildlife for present and future generations, the Government has enacted two landmark ordinances in 2026. These are the Wildlife, Forest and Biodiversity Conservation Ordinance (closely aligned with the Wildlife (Conservation and Protection) Ordinance, 2026, and related forest measures) and the Haor and Wetlands Protection, Conservation and Development Ordinance, 2026 (also known as the Bangladesh Haor and Wetland Conservation Ordinance, 2026). Together, they form a comprehensive legal regime for the protection, management, and sustainable use of ecologically sensitive areas, fulfilling the State’s responsibility to conserve the nation’s natural heritage.

The Wildlife, Forest and Biodiversity Conservation Ordinance establishes robust mechanisms for the proper management and conservation of wildlife species, forests, and biodiversity. It aims to prevent species extinction and habitat degradation by regulating hunting, capture, possession, transportation, and trade of wildlife and forest resources through a strict licensing and permit system. The ordinance empowers authorities to declare and manage critical habitats and endangered species via protected areas, including national parks, wildlife sanctuaries, and biodiversity reserves. It further promotes scientific management and sustainable utilization of forest and wildlife resources, addressing longstanding gaps in earlier laws such as the Wildlife (Conservation and Security) Act, 2012, while aligning with evolving international obligations.

Both ordinances introduce strong enforcement and management mechanisms to ensure environmental protection is backed by effective state action. They grant designated authorities
wide powers for inspection, search, seizure, arrest, and investigation of environmental offences. Tools, vehicles, and materials used in violations can be confiscated, making enforcement practical and deterrent-oriented rather than merely declarative
.

The Haor and Wetlands Protection, Conservation and Development Ordinance, 2026, focuses specifically on Bangladesh’s vital haor and wetland ecosystems, which play essential roles in flood control, fisheries, agriculture, migratory bird habitats, and overall biodiversity. The ordinance enables the government to declare haor and wetland areas as protected or regulated zones and to develop comprehensive conservation and development plans for these regions. It regulates and restricts harmful activities, such as illegal land filling, pollution, overfishing, unauthorized construction, and encroachment, with the goal of preventing ecosystem degradation while ensuring sustainable economic and social benefits from these wetlands.

To promote deterrence and accountability, both ordinances impose stringent penal provisions. Violations involving illegal hunting, deforestation, wildlife trafficking, wetland encroachment, or pollution carry significant penalties, including imprisonment and substantial fines. This elevates environmental protection from an administrative concern to a legal obligation enforceable against actions that harm the public interest, reinforcing the legitimacy of environmental rights in Bangladesh.

In conclusion, the Wildlife, Forest and Biodiversity Conservation Ordinance and the Haor and Wetlands Protection, Conservation and Development Ordinance, 2026, together represent a progressive and integrated approach to environmental governance in Bangladesh. By incorporating enforcement powers, accountability measures, and principles of sustainable development, these laws provide a practical realization of the constitutional commitment to environmental stewardship. Effective implementation will be key to achieving long-term biodiversity conservation, ecological balance, and environmental security, benefiting both the economy and future generations. For stakeholders, communities, and clients engaged in environmental, land, or resource-related matters, these ordinances signal stronger legal safeguards and a clearer path toward responsible stewardship of Bangladesh’s irreplaceable natural assets.

References:

1. Constitution of the People’s Republic of Bangladesh, Article 18A (Protection and improvement of environment and biodiversity).
2. Wildlife (Conservation and Security) Act, 2012 (Bangladesh), principles applied in the Ordinance on conservation and security of wildlife, forests and biodiversity.
3. Wildlife, Forest and Biodiversity Conservation Ordinance, 2026.
4. Haor and Wetlands Protection, Conservation and Development Ordinance, 2026.
5. Bangladesh Environment Conservation Act, 1995.
6. Forest Act, 1927 (as amended in Bangladesh).
7. Ministry of Law, Justice and Parliamentary Affairs, Government of Bangladesh, Gazette Notification, Ordinance No. 11 of 2026.
8. Dr. Mohiuddin Farooque v. Bangladesh & Others (FAP 20 Case), 49 DLR (AD) 1, recognizing environmental protection as part of the right to life.
9. Bangladesh Environmental Lawyers Association (BELA) v. Bangladesh, 53 DLR (HCD) 1, judicial enforcement of environmental protection duties.
10. Convention on Biological Diversity, 1992 (ratified by Bangladesh).
11. Ramsar Convention on Wetlands of International Importance, 1971 (Bangladesh is a State Party).
12. National Biodiversity Strategy and Action Plan (NBSAP), Government of Bangladesh.
13. Asian Development Bank, Environmental Governance and Biodiversity Conservation in Bangladesh (policy study).

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