Environmental Legislation and implementation in Nepal

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1 Environmental Legislation and implementation in Nepal N AVA R A J P O K H AR E L E N V I R O N M E N TA L S P E C I AL I S T B U I L D I N G R E S I L I E N C E T O C L I M AT E R E L AT E D H AZ A R D S D E PAR T M E N T O F H Y D R O L O G Y A N D M E T E O R O L O G Y M I N I S T RY O F S C I E N C E AN D E N V I R O N M E N T

2 Location: Nepal is the Himalayan nation known as the Land of the Mt. Everest and the birthplace of Lord Buddha. The country is situated in South Asia, bordered on the north by China and on the south, west and east by India. Nepal: An Introduction

3 Nepal: General Information Topographical Features: Nepal is a mountainous country with the Himalayan belt in the north, the hilly region and fertile valleys in the Middle and the narrow strip of plain in the South, all running parallel to each other from East to West. Altitude ranges from 75 m to 8,848m from sea level Climate: The country has diverse climatic conditions. It is generally cold in the mountainous region, mild weather in the hills, and warm in the plains. Rainfall: 1,500-2,500mm (average) Capital: Kathmandu, a historical city with rich cultural heritage is Nepal's capital with 1.5 million population.

4 Map of Nepal.

5 Objectives of Environmental Legislation in Nepal To manage efficiently and sustainable natural and physical resource To balance development efforts and environmental conservation for sustainable fulfillment of the basic needs of the peoples To safeguard National heritages To mitigate the adverse environmental impacts of development projects and human actions To integrate environment and development through appropriate institutions, adequate legislations, and economic incentives and sufficient public resources

6 Provision in Nepal Constitution of Nepal The Article 16(1) of the Interim Constitution of Nepal, 2063, assures the right to every citizen to live in a clean environment and Article 35(5) requires the state to keep the environment clean and to provide priority to the protection of the environment and prevention of further damage to the environment due to development activities and to take special measures for protection of wildlife, vegetation and forests. Furthermore, the Constitution has safeguarded the property rights of the citizens by entitling them to earn, use, sell and exercise their rights of property under existing rules and regulations. Except for public welfare the state will not acquire or obtain or exercise authority over individual property, but in case the state acquires or establishes its right over individual property for public good, the loss of property will be suitably compensated.

7 Environment related acts Environment Protection Act, 1996: Maintain clean and healthy environment and contribute to sustainable development Acts Relevant Provisions Local Self-Governance Act, 1998 : Specific environmental scope of work for DDC, VDC and TDC comprising local level environmental planning; forest and biodiversity conservation, land-use management, pollution control, public sanitation, etc. Forest Act, 1992: Conserve and manage forest and biodiversity Water Resources Act, 1992: Promote environment assessment, water quality standard, and avoid significant impacts on local environment in the course of water use Electricity Act, 1992: Avoid environmental effects during electricity generation and transmission Vehicle and Transport Management Act, 1992: Regulate vehicular exhaust emission according to the standard Industrial Enterprises Act, 1992: Promote the adoption of industrial pollution control measures, including incentive and disincentive provisions Pesticide Act, 1991: Regulate the use, production and distribution of pesticide Labour Act, 1991: Adopt preventative and curative measures for occupational health and safety Solid Waste (Management and Resource Mobilisation) Act, 1986: Ensure solid waste management through the collection, transportation, recycling, disposal, and the classification of hazardous wastes Soil and Water Conservation Act, 1982: Ensure soil conservation through land use regulation Tourism Act, 1978: Minimize environmental pollution during mountaineering activities National Parks and Wildlife Conservation Act, 1973: Declare and manage national parks, wildlife reserves and conservation areas

8 Environment related rules Environmental Protection Rules (EPR), 2054 ( 1998) (First amendment 1999) Solid Waste Management Rules 2070 etc. Etc..

9 Guidelines, manuals, codes and standards National EIA Guidelines, 1993 EIA Guidelines for the Forestry Sector, 1995 Forest Products Collection and Sales Distribution Guidelines, 2058 (2001) Guidelines on Use of Forest Area for Other Purposes, 2063 (2006) Etc.

10 plans and policies Three Years Interim Plan ( ) and its policies and strategies with emphasis on transport and environment sector Climate Change Policy, 2011 National Environment Action Plan (NEPAP)

11 International Environmental Agreement Convention on Biological Diversity (CBD), 1992 Convention on International Trade in Endangered Species (CITES), 1973 Plant Protection Agreement for the South East Asia and the Pacific (as amended), 1956 ILO Convention, 1969 Convention on Wetlands of International Importance especially as waterfowl habitat (Ramsar Convention, 1975). UNESCO Convention Conferring the Protection of the World Cultural and Natural Heritage (World Heritage Convention, 1972). United Nations Conference on Environment and Development (UNCED, 1972)..N. Convention on Biological Diversity (1992).

12 Implementation Mechanism Constitution is the main legislative document for the nation 27 Ministries are there to implement the Government activities as central agency Each Ministry have their own Environmental Division and policy to implement environmental aspects Ministry of Science, technology and Environment is there as a central Ministry to implement the legislative measure Department of Environment is there to monitor the Environment related activities prescribed in various legislative document

13 Ministry of Science, Technology and Environment

14 Local Level Environmental activities implementation Ministry of Local Development have formulated Local Self Governance Act Environmental Section is there in Ministry 75 District Development Committee has there own Environment Unit. Municipality have single environmental Unit on each 217 municipality

15 Success Story The National Parks and Wildlife Act, 1975 provides for imprisonment of the offender from five to fifteen years for killing any animal in Schedule 1 of the Act that includes some of the Animals in Appendix I of CITES. This Act has been rigorously implemented to curb the killing of rhino in Central Nepal with the result that rhino poaching has heavily come down so much so that in 2014, according to park authorities, no incident of poaching was recorded.

16 Environmental Policies Challenges and opportunities Opportunity to learn from Developed Countries Natural Resources Availability New Constitution just promulgated International NGOs are working and supporting to Government

17 Challenges Promulgation Lack of Technical manpower (Capacity Building) Implementation Economic Cost Process Based implementation Time Consuming Implementation Mechanism is not clear

18 Recommendation Policy Formulation should be clear enough to implement the Implementation Mechanism Peoples Perception is that the Development is first rather than Environmental Conservation So Should in align with the Development activities Economic Cost and Environmental Protection both should be taken in consideration Should focus on Implementation Mechanism of Environmental law, legislation Nepal being a fragile and vulnerable area Environmental legislation should be strictly followed

19 Thank You

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