Pollution Control and Environment Governance

National Legislative framework:

1. Environment Protection Act, 1997

The Environment Protection Act (1997) makes legal provisions in order to maintain clean and healthy environment by minimizing, as far as possible, adverse impacts likely to be caused from environmental degradation on human beings, wildlife, plants, nature and physical objects. The Act further aims to protect the environment with proper use and management of natural resources, taking into consideration that sustainable development could be achieved from the inseparable inter-relationship between the economic development and environment protection. It is published on the January 30, 1997. It was gazetted /commenced from June 24, 1997. In this there are 24 sections.

Taking into consideration that, sustainable development could be achieved from the inseparable inter- relationship between the economic development and environmental protection.

Features: There are 24 sections

Section 1: Short title and Commencement

Section 2: Definitions

• Defines the terminologies used.
• For Example: Environment, Pollution, protection etc

Section3: Provision to carry out Environmental Impact Assessment (EIA) and Initial Environmental Examination (IEE). A proponent shall have to carry out IEE and EIA of the proposals as prescribed.

Section 4: Prohibition on Implementation of proposal without Approval.

Upon the commencement of this act, no one shall implement or cause to be implemented a proposal without getting it approved from the concerned agency or the ministry.

Section 5: Submission of proposal for Approval

A proponent who is desirous of implementing any proposal shall have to submit such a proposal, accompanied by the report on IEE or EIA of the proposal, to the concerned agency for the approval of such a proposal.

Concerned agency→ IEE

MOSTE →EIA

Section 6: Approval for Implementation for a proposal may be given

The concerned agency shall itself grant approval for IEE, if such a proposal doesn’t appear to have significant adverse impacts on the environment and shall forward the proposal along with its opinion thereon to ministry in respect to EIA report.

• The concerned may ask to carry out EIA if found necessary while examining IEE of proposal.
• The ministry shall provide approval to implement such proposal on the basis of opinion and suggestions from public and experts, if it doesn’t appear that such a proposal have any significant adverse impacts.

Section 7: Prevention and control of pollution

• Prevents people, institutions from causing pollution that will have adverse effect on environment and public health.

Section 8: Environmental Inspector

• Provision of Environmental Inspector implemented from 2070
• If the implementation of the mitigation measures within the project isn’t properly applied then the environmental inspector can charge up to Rs. 5,000 to the proponent as a fine.

Section 9: Protection of National Heritage

Section 10: Environmental Protection Area

(Establishment of Environmental Protection Area)

Section 11: Establishment of a laboratory

• In order to check any sort of environmental condition related to soil and water etc. while carrying out IEE and EIA a laboratory can be established.

Section 12: Provision of collection of samples

Section 13: Established and Operation of Environment Protection fund.

• A fund named Environment protection fund shall be established for the protection of environment. Prevention and control of pollution and protection of National heritage.

Section 14: Power to constitute Environment Protection Council

• Environment protection council comprising of environment experts and representation of persons from recognized political parties at national level as well to render the suggestions and guidance to government of Nepal.

Section 18: Punishment

• If not according to section 6

Section 24: Power to Frame Rules

• Government of Nepal may frame necessary rules for carrying out the objectives of this Act.
• EPR, 1997 is one of the Rules under it.

2. Environment Protection Rule, 1997

Environment Protection Rule was published in Nepal Gazette 26^th June 1997

In exercise of the power conferred by section 24 of the Environment Protection Act, 1997, government of Nepal has framed the Environment Protection Rule (EPR, 1997). It is gazetted in 26^th June, 1997.

Features: EPR has 8 Chapters and 7 Schedule

Chapter1: Preliminary

1. Short title & Commencement
2. Definitions

Chapter 2: IEE or EIA to be made.

• All the proposals mentioned in schedule 1 of EPR should undergo IEE process.
• All the proposals mentioned in schedule 2 of EPR should undergo EIA process.

There are two criteria for doing IEE and EIA.

Threshold Criteria: Up to this criteria IEE and EIA can be done

Sensitive Area Criteria:

• If the cost of the project ranges from 1-100 million then IEE is done (if project not listed in Schedule 1),
• If the cost of the project ranges 100 million then EIA is done (if project not listed in Schedule 2)

For Example;

District roads, Rural roads, small feeder roads are required to have IEE while National highways, large feeder roads are required to have EIA report.

Chapter 3: Prevention and control of pollutions

• No one shall emit or cause to emit the noise, heat and waste from any mechanical means.
• All industries as referred to in Schedule -7 of EPR, to obtain provisional pollution control certificate.
• Complaints may be lodge in case anyone causes pollution or emits waste.

Chapter 4: Qualification of inspectors and their functions, duties and powers

• Minimum academic qualification requires for the appointment in the post of inspector
• Power to stop activities
• Inspector to submit report of their inspections
• Punishment to inspector

Chapter 5: Conservation of National heritages and environment Conservation zones

Chapter 6: Provision relating to laboratories

Chapter 7: Provision relating to formation of managing committee

Chapter 8: Compensation and Other provision

7 Schedules:

Schedule 1: List of proposals which need IEE

Schedule 2: List of proposals requiring EIA

Schedule 3: Formate of TOR for IEE (work schedule of IEE)

Schedule 4: Formate of TOR for EIA (work schedule relating to EIA)

Schedule 5: Formate of IEE report (matters to be mentioned while preparing reports related to IEE)

Schedule 6: Formate of EIA report (matters to be mentioned while preparing reports related to EIA)

Schedule 7: Pollution control, industries (list of Industries requiring certificate of pollution control)

• Listed altogether 54 types of industries requiring certificate of pollution control