Unit 3

Environmental protection in
Nepal, Historical developments
 Historical developments
• In Ancient Nepal, Environmental Protection was
mostly guided by the religious and cultural
beliefs.
 The Vedas and Dharma Shastras were the
written form of laws, that also included
environmental concerns.
• In Medieval Nepal, Lichhavi and Malla regime
gave attention to land-use, land classification
and measurement, development of irrigation and
road systems, and conservation of forests (such
as, four trees per household and complete ban
on cutting trees near waterways)
 Historical developments
• King P. N. Shah, the Rana regime (ended in
1950-51) and the Muluki Ain -1953 had
provisions related to land-use, forestry (such as,
anti-deforestation laws by Ban Janch Adda,
1934-1956), waterways (special care during
construction activities) and waste management
(dumping of water or solid wastes in the streets
was punishable by law)

• First introduction of multi-party system in Nepal

in 1951 gave rise to the concept of planned
development that materialized in 1956 in the
form of “Five-year development Plans”.
 Constitutional and political perspectives
• Planned developments in Nepal started since
1956
 Beginning of the five-year plans by National
Planning Commission
• 1st Plan (1956-61): concerns on Natural resources
utilization and agriculture production, enactment of
Forest Nationalization Act 1957
• 2nd Plan (1962-65): the only 3-year plan. Focus on
Forest-based activities such as Survey of natural
resources, preparation of forest management
plans and development of forest based industries
 Constitutional and political perspectives
• 3rd Plan (1965-70): Resettlement of Hill
population in the Terai, land management and
cadastral survey, master plan for drinking and
sewage management in ktm.
• 4th Plan (1970-1975): soil and land-use surveys,
National and sectoral policies related to
environment
• 5th Plan (1975-80): Ecological concerns,
ecotourism, urban pollution and women's
participation in environmental activities were
emphasized
• 6th Plan (1980-85): focus on population control
measures, initiation of EIA for development
projects
 Constitutional and political perspectives
• 7th Plan (1985-90): integrated approach to
environmental management that includes private
sector, NGOs, women and civil society, National
conservation strategy, master plan for forestry.
• 8th plan (1992-1997): most important in terms of
environmental concerns in Nepal:
 Formulation of Environmental Protection Act 1996
 Establishment of Ministry of Population and
Environment
 Development of National Environmental Policies
and Action Plan, EIA guidelines developed
 Consideration of environmental concerns in
hydropower projects
 Development of industrial, irrigation and agricultural
policies that undertook environmental concerns
 Constitutional and political perspectives
• 9th Plan 1997-02): initiation of Community-based
forestry program, Training and research programs,
expansion of the scope of biological diversity,
institutional strengthening of line agencies of
ministries, involvement of municipalities in waste
mgmt, water pollution issues raised

• 10th Plan (2003-07): economic development and

environmental quality emphasized, public
participation encouraged, recognization of role of
natural resources and environmental quality in
poverty reduction, development of relationships
with international environmental institutions,
research on environmentally friendly technologies,
implementation of national pollution standards
 Direct environmental legislations in Nepal
• Constitution of Nepal 1990
Article 26 (4): The State shall give priority to the
protection of the environment and also the
prevention of its further damage due to physical
development activities by increasing the
awareness of the general public about
environmental cleanliness, and the state shall
also make arrangements for the special
protection of the rare wildlife, the forests and
the vegetation.

 It is a directive principle that only guides the

state while performing its fundamental
constitutional obligations (its not effectively
enforceable)
Primary legislations on Environmental Protection
Environmental Protection Act 1996 (Batawaran
Sanrakshyan Ain 2053: has been amended
twice- April 1999 and August 1999)

• First direct and comprehensive legislation

concerning the preservation, protection and
management of the environment

• Recognizes the linkages between the

environment and economy (sustainable
development)

• Gave rise to Environmental Protection Rules

1997 (Batawaran Sanrakshyan Niyamawali 2054)
 Main features of EPA 1996
• Provision of EIA and IEE
IEE: A report on analytical study or evaluation to be
prepared to ascertain as to whether, in
implementing a proposal, the proposal does have
significant adverse impacts on the environment or
not, whether such impacts could be avoided or
mitigated by any means or not (EPA 1996).

Initial Environmental Examination (IEE): also called

Preliminary Environmental Assessment (PEA),
 Small scale and analytical,
 Identifies issues that are uncertain and need
further assessment
 EIA definition and objectives

EIA: A report on detailed study and evaluation to

be prepared to ascertain as to whether, in
implementing a proposal, the proposal does
have significant adverse impacts on the
environment or not, whether such impacts could
be avoided or mitigated by any means or not
(Environment Protection Act 1997, Nepal)

• Identify, describe and assess potential

environmental, social and health impacts of a
proposed developmental activity (proposal not
project)
 Methods to EIA
• Use of expert and scientific knowledge
• Public participation (local and indigenous
knowledge)
• Use of information and communication
technology

Thus EIA is both an Art and Science:

Art because it requires managerial, decision-
making and public relation skills AND Science
because it entails knowledge and techniques for
identifying, predicting and evaluating the
environmental impacts
 Diagram of EIA steps in Nepal

Environmental screening
Proposal identification
(EIA , IEE or no EA)

EIA Required

Scoping Public
Involvement
Feedback TOR

Detailed EIA Study

Submission of
final EIA Report Public hearing

Review Resubmit
Public review Expert Review

Approved Not approved Redesign

Project implementation

Environmental Monitoring & Evaluation

Auditing
 Strategic Environmental Assessment (SEA)
Strategic Environmental Assessment (SEA): a
process to ensure that significant environmental
effects arising from policies, plans and programs
are identified, assessed, mitigated, communicated
to decision-makers, monitored and that
opportunities for public involvement are provided
 Improves the evidence-base to take strategic
decisions
 Streamline EIAs of individual development
projects

 In Nepal, 10th five-year developmental plan (2002-

07) has initiated to incorporate the concept of
SEA.
 The Forest Act, 1993

Aims of Nepal Forest Act 1993:

Manage National Forests in the form of government-
managed forests, private forests, protected forests,
leasehold forests, and religious forests, thereby
ensuring the development and conservation of
forests and the proper utilisation of forest products
and extend cooperation in the conservation and
development of private forests, so as to meet the
basic needs of the general public, attain social and
economic development and promote healthy
environment
 Features of the Forest Act 1993
• Ban on Clearing, digging, reclaiming, building huts,
burning fire within the forest area,
• Cut, remove, transport, sell forest products or graze
cattle without the permission of the authority
• Penalty in the form of imprisonment and monetary
terms depending on the degree of violation
• An government employee or the police found to be
involved in harassing the members of the
community forest is fined as much as Rs 1,000.00
• In order to prevent illegal smuggling of forest
products, the employees can shoot below the knee
height if anyone found to be involved in such
activities within the forest area.
• Employees have the power to arrest without a
warrant, confiscation of tools used in cutting or
transporting of the forest products illegally
 Features of The Forest Act 1993
• Government can declare a forest area as a
‘Conservation Forest’ if it is felt to be
environmentally, culturally or scientifically
significant.
• The government can use armed forces to manage
the national forest
• Government can allow a part of national forest to
be managed independently or on lease by a
community,
 The lease can be terminated or management can
be discontinued altogether by an community if
found to have violated the agreed conditions of the
management plan (Action Plan).
 The National Parks and Wildlife Conservation
Act, 1973
• Provisions for conservation and management of
Protected Areas, wildlife species of animals, plants
and their habitats (Amended four times -1975,
1983, 1989, 1993)
• Five categories of Protected areas: National Parks,
Wildlife Reserves, Controlled (strict) Nature
Reserves, Hunting Reserves and Conservation
Area
• Restricted activities: restrictions on entry and
movement, control of hunting and removal of forest
products, livestock grazing, littering
• Site specific administrative rules are in place such
as Mountain National Parks Regulation 1980,
Himali National Park Regulation 1979.
 Features of NPWCA
• Commitment to CITES (Convention on
International Trade in Endangered Species of
Wildlife Fauna and Flora)
• Punishment provisions: anyone found guilty of
injuring, killing or possessing parts of endangered
animals (Section 1 has the list of endangered
species) is fined Rs. 100,000 or 5-15 years of
imprisonment or both (but license can be
obtained
• Amendment 1993 gave rise to the concept of
Buffer zones that are guided by Buffer Zones
Management Regulations 1996 (Warden
prepares a Buffer Zone Management Plan, and
forms users’ groups or committee)
 Features of NPWCA

Challenges:
• Level of public participation is not specified,
• Conflicts between the users and the authority,
• Does not say specifically and adequately about
the conservation of habitat of wildlife species
• Does not show as much concern about Floral
species,
• Impact of tourism in protected areas is not
assessed or analyzed adequately
 Solid Waste Management and Resource
Mobilization Act, 1987
• Aimed at regulating the safe disposal of solid
waste by individuals and institutions (public &
private) and minimizing the impact on ecological
systems including esthetic and human health-
preventive and curative approach
• Solid Waste Management and Resource
Mobilization Centre in Kathmandu Valley is
responsible for collection, recycling and disposal
of solid waste in the valley.
 Run by Board of Directors, the centre also
undertakes staffing training and research
activities related to management of solid waste
 Features of SWMRMA
• Penalty of Rs 1000-3000 to those who litter.
• Can clean up the solid waste for an individual
organization for a certain amount of service
charge.
• Solid Waste Management Rules 1989 encourage
Public participation i.e. NGOs or community
groups
• Local self governance Act 1998 enables local
authorities around the country to manage the
collection, recycling and disposal of solid waste
• Lack of capital, resources and public awareness
are some of the challenges to its proper
implementation.