Pollution Control and Environment Governance

National legislations: National Strategy, Plans and policies

Planned development in Nepal has been ongoing since introduction of First Five Year Plan in 1956. Since then 12^th periodic national development plans have been implemented.

National Planning Commission (NPC) is the responsible agency for formulating plans and policies on national and sect oral development planning in Nepal.

From the beginning of 8^th plan period (1992-1997), environmental issues have been consistently included in Nepal’s socio economic development plans.

The major highlights of Nepal’s socio-economic development plans from the environmental perspective are as follows:

1. First Five Year Plan (1956-1961)

• Natural resources utilization
• Agriculture production
• Forest Nationalization Act, 1957 enacted

2. Second Periodic Plan (1962-1965)

• Survey on natural resources
• Preparation of management plan for forestry of selected districts
• Forest demarcation
• Promotion of forest-based industries

3. Third Five Year Plan (1956- 1970)

• Land management and cadastral survey
• Master plan for drinking water and sewerage in Kathmandu valley

4. Fourth Periodic Plan

• National and Sect oral policies related to environment
• Reclamation of forest land for resettlement

5. Fifth Periodic Plan (1975-1980)

• 1^st Sect oral plan which incorporated NRM
• Conservation of National forests and wildlife

6. Sixth Five Year Plan (1980-1985)

• Initiation of EIA of development project (donor funded)
• Emphasis on pollution control
• Regulations on urban environment

7. Seventh Five Year Plan (1985-1990)

• EA for large infrastructural projects
• National Conservation Strategy master plan for Forestry sector “endorsed” (NCS, 1988)

8. Eighth Five Year Plan (1992-1997)

• Establishment of Ministry of Population and Environment (MoPE)
• Preparation of EIA guidelines, 1993
• EPA, 1997 (Implementation of National Conservation Structure)
• Mandatory EIA in development projects
• Formulation of National Environment Policies, industries policy, Tourism Policy, Irrigation Policy, Hydropower Policy.

9. Ninth Five Year Plan (1997-2002)

• Community based forestry programmes initiated
• Participatory concept of EA
• Environmental standards on air, water pollution and industrial effluents.

10. Tenth Five Year Plan (2002-2007)

• Sustainable use of natural resources
• Implementation of National Environmental standards
• Implementation and monitoring of EA
• Natural disaster management policy introduced
• Implementation of provisions of international environmental commitments

11. 1^st Interior plan (2007-2010)

• Implementation of international commitments
• River cleaning programme in Kathmandu valley
• National heritage presentation

12. Twelfth Plan (2010-2013)

• Potential though of Climate Change to sustainability of development

Some points to remember

• The first three plan focused on Natural resources conservation
• From 4^th plan onward, environmental concerns were incorporated in sectoral policies
• From 5^th plan actions on prevailing environmental degradation were initiated.
• During 6^th and 7^th more concrete steps were taken towards safeguarding the environment through enforcement of environmental policies, encouraging participation of various stakeholders.
• From 8^th plan period (following Earth Summit, 1992), environmental considerations were firmly incorporated in the development process.

Sect oral Policies:

1. Industrial policy, 1992

This policy emphasised on adopting measures to minimise adverse impacts of the environment during the establishment, expansion and diversification of industries.

The policy opens avenues to formulate guideline and standards in order to check and minimise adverse effects of pollution associated with industrial growth. A licence is required to establish industries.

2. Tourism Policy, 1995

This policy emphasises on implementing environmental protection programmes in on effective and integrated manner to promote sustainable tourism development, Solid waste management and pollution minimizing in Tourist area.

3. National Solid waste Management Policy, 1996

This policy emphasises environmental pollution and urges to implement activities accordingly and to carry out EIA prior to selection of the final waste disposal site.

4. Hydropower Policy, 1992

This policy addresses to make necessary arrangement in order to minimise the environmental impacts of hydropower projects. This policy clearly requires the maintaining minimum monthly downstream water release in the river and stream at 10% of the total discharge. This policy incorporated the concept of EIA.

5. Irrigation Policy, 1993 (revision 1997)

The irrigation projects should be prepared taking into account the National EIA guidelines, 1993. No adverse impacts on Biodiversity by releasing minimum water to downstream.

6. National Wetland Policy, 2003

• EA for the projects for minimizing the impacts.

Strategies:

• National Conservation Strategy, 1988
• National Biodiversity Conservation Strategy, 2002
• Water Resource Strategy, 2002
• This strategy emphasis to understand the environmental processes fully (soil erosion, flood, sediment transport and deposition, etc) to avoid adverse impacts, improve condition and to reduce negative elements.
• Develop water and waste water quality standards and regulations

• National Environment Policy and Action Plan (NEPAP), 1993
• Alternative Energy Promotion Centre (AEPC)
• National Rural Energy Project (NREP)

Guidelines, Manuals and Standards:

• Guidelines:
• Set of statements which determine the “course of action”
• Main goal is to streamline a particular process.
• [Guidelines aren’t mandatory]

• Example; National EIA guidelines, 1993, SWM Guidelines, 2015, Health care waste management guidelines, 2002/08

• Manuals:
• Set of handbooks which contains details of instructions and operation procedures

• Standards:
• Set of objects which is determined by any concerned authority or general consensus
• Basis for comparison (set of objects issued by an authority or by general consensus)

• ISO 9001 – Products
• ISO 14001 – EMS (Environment management system)

• Standards can be
• Mandatory : NAAQS, NDWQS
• Voluntary: ISO
• Standard 229
• Prior to 2058 BS
• Discharge of industrial effluents into in land surface, water

But ofter 2058B.S Standard 229 – became mandatory

Standards have sets of Parameters, general tolerance limit and maximum permissible limit.

In NAAQS, - 7 Parameters (TSP, PM₁₀, SO_X, NO_X, CO, Pb, Benzene)