Unit 3

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, decisionmaking 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 Proposal identification

Environmental screening (EIA , IEE or no EA) EIA Required Scoping TOR

Feedback

Detailed EIA Study Submission of final EIA Report

Public hearing

Review Expert Review

Public review Approved

Resubmit

Not approved

Redesign

Project implementation Environmental Auditing

Monitoring & Evaluation

Public Involvement

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 (200207) 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 governmentmanaged 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

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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).

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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 healthpreventive 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.