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Protection
of Environment Act 2053 B.S. (1997)
The Following Act issued by His Majesty
the King Birendra Bir Bikram Shah Dev has been published
for the information of the public general.
Act No. 24 of the Year 2053 (1997)
An Act Made to Provide for the Protection
of Environment
Preamble:
Whereas, it is expedient to make 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, and to project
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:
Now; therefore, Parliament has made this
Act in the twenty fifth year of the reign of His Majesty
King Birendra Bir Bikram Shah Dev.
- Short Title and Commencement
- There may be cited as (the) "Environment
Protection Act, 2053 (1997)
- This Act shall commence on such
date as His Majesty's government may, by a notification
in the Nepal Gazette, appoint.
- Definitions: Unless
the subject or context otherwise requires, in this Act:
- "Environment" means the
interaction and inter-relationship among the components
of natural, cultural and social systems, economic
and human activities and their components
- "Pollution" means the
activities that significantly degrade, damage the
environment or harm on the beneficial or useful purpose
of the environment, by changing the environment directly
or indirectly.
- "Protection" means the
safety, care, maintenance, promotion, management and
proper utilization of the environment and national
heritage.
- "Proposal" means a proposal
prepared in regard to the carrying out of such development
work, physical activity that may bring about change
in the existing environmental conditions or any plan,
project or programme which changes the land use.
- "Proponent" means a person,
governmental, semi-governmental or non-governmental
agency or institution applying for approval of a proposal
and getting approval for the implementation of such
a proposal.
- "Initial Environmental Examination"
means 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.
- "Environmental Impact Assessment"
means a report on detailed study and evaluation to
be prepared to ascertain as to whether, in implementing
a proposal, the proposal doe shave significant adverse
impacts on the environment or not, whether such impacts
could be avoided or mitigated by any means or not.
- "Wastes" means the liquid,
solid, gas, slurry, smoke, dust, radiated element
or substance or similar other materials disposed in
a manner to degrade the environment.
- "Disposal" means the
act of emission, storage, or disposal of sound, heat
or wastes.
- "Biological Diversity"
means ecosystem diversity, species diversity and genetic
diversity.
- "National Heritage" means
any such object, site, plant and animal related with
the environment available within the Kingdom of Nepal
as is likely to be important to the human being from
natural, cultural, historical, archaeological, scientific,
spiritual, aesthetic or social point of view.
- "Ministry" means the
Ministry of Population and Environment of His Majesty's
Government.
- "Prescribed" or "As
Prescribed" means prescribed or as prescribed
in the Rules framed under this Act.
- To Carry Out Initial Environmental
Examination or Environmental Impact Assessment:
A proponent shall have to carry out Initial Environmental
Examination and Environmental Impact Assessment of the
Proposals as prescribed.
- Prohibition on Implementation of
Proposal Without Approval:
Upon the commencement of this Act, No one shall implement
or cause to be implemented a prescribed proposal without
getting it approved from the concerned agency or the Ministry.
- To submit Proposal for Approval:
A proponent who is desirous of implementing any proposal
shall have to submit such a proposal, accompanied by the
report on Initial Environmental Examination or Environmental
Impact Assessment of the proposal, to the concerned agency
for the approval of such a proposal.
- Approval for Implementation
of a Proposal May be Given:
- On receipt of any proposal pursuant
to Section 5, and while examining the Initial Environmental
Examination or Environmental Impact Assessment report
submitted with a proposal, if such a proposal does
not appear to have significant adverse impacts on
the environment, the concerned agency shall itself
grant approval in respect of the proposal with the
Initial Environmental Examination and shall forward
the proposal along with its opinion thereon to the
Ministry, in respect of the Environmental Impact Assessment
report.
- Notwithstanding anything contained
in sub-section (1), in case, while examining the Initial
Environmental Examination report of the proposal,
it is found necessary also to carry out Environmental
Impact Assessment of such a proposal, the concerned
agency may issue order to carry out Environmental
Impact Assessment of proposal. In case any proponent,
after having assessed environmental impacts pursuant
to the order so issued by the concerned agency, submits
and Environmental Impact Assessment report for approval,
the concerned agency shall carry out necessary examination
of such a proposal and forward the proposal along
with its opinion to the Ministry.
- In the event of receipt of the
Environmental impact Assessment report with any proposal
pursuant to sub-section (1) or (2) the Ministry shall
arrange so that all the general public may copy the
report, by oneself, to render opinions and suggestions
on the report.
- The Ministry may form a committee
comprising also of experts of the concerned agencies
to render opinions and suggestions on the Environmental
impact Assessment report received along with the proposal
pursuant to sub-section (1) and (2).
- If on the basis of opinions and
suggestions, if any, rendered by the general public
and also opinions and suggestions rendered by the
Committee, if any, formed pursuant to sub-section
(4), on the Environmental Impact Assessment report
received pursuant to sub-section (1) or (2), it does
not appear that such a proposal may have significant
adverse impacts on the environment, the Ministry shall
grant approval to the proponent to implement such
a proposal.
- Notwithstanding anything contained
in sub-section (1) or (5), in case it appears from
the Initial Environmental Examination or Environmental
Impact Assessment report that significant adverse
impacts to be caused on the environment while implementing
the proposal can be mitigated or controlled, the concerned
agency or Ministry may grand approval, with prescription
of necessary terms, to the proponent to implement
the proposal.
- The period within which approval
is to be granted to implement the Initial Environmental
Examination of the proposal and the Environmental
Impact Assessment report and other provisions thereon
shall be as prescribed.
- Prevention and Control of
Pollution:
- Nobody shall create pollution in
such a manner as to cause significant adverse impacts
on the environment or likely to be hazardous to public
life and people's health, or dispose or cause to be
disposed sound, heat, radioactive rays and wastes
from any mechanical devises, industrial enterprises,
or other places contrary to the prescribed standards.
- If it appears that anyone has carried
out any act contrary to sub-section (1) and caused
significant adverse impacts on the environment, the
concerned agency may prescribe necessary terms in
regard thereto or may prohibit the carrying out of
such an act.
- If it appears that the use of any
types of substance, fuel tools or device has caused
or is likely to cause significant adverse impacts
on the environment, the Ministry may by a notification
in the Nepal Gazette, forbid the use of such substance,
fuel, tools or device.
- Other provisions relating to the
prevention and control of pollution shall be as prescribed.
- Environmental Inspector:
- In order to effectively carry out
or cause to be carried out the acts of the mitigation,
avoidance or control of pollution or the acts required
to be carried out in accordance with the Initial Environmental
Examination or the Environmental Impact Assessment
report, the Ministry may, by fulfilling the procedures
prescribed by the Public Service Commission, appoint
Environmental Inspectors or designate any employee
to carry out functions of such Inspectors. The qualifications
for the Environmental Inspectors shall be as prescribed.
- The functions, duties and
powers of the Environmental Inspector shall be as
follows:
- To inspect as to whether or
not the acts of mitigation, avoidance or control
of pollution have been carried out in accordance
with this Act or the Rules framed under this Act,
- To inspect as to whether or
not sound, heat or wastes have been disposed or
emitted from any place contrary to this Act or
the Rules framed under this Act,
- To examine and inspect as to
whether or not the acts have been carried out
in accordance with the terms prescribed while
granting approval to implement a proposal.
- To submit to the prescribed
authority a report of the matters found while
inspecting pursuant to clauses (a), (b) and (c)
- In the course of inspection pursuant
to clauses (a), (b) and (c) or sub-section (2), the
Environmental Inspector may, by giving a prior notice
to the concerned person, organisation or proponent,
inspect, examine or investigate any house, land, building,
factory, industry, vehicle, industrial device, tools,
machinery, animal, object, records, document or other
materials or goods.
- The concerned person, organisation
or proponent shall render necessary assistance to
the Environmental Inspector in the course of inspection
pursuant to sub-section (2) or (3).
- In case the concerned person or
organisation does not allow inspecting while on inspection
pursuant to sub-section (2) or (3), or inhibits on
the works while doing inspection, the Environmental
Inspector may impose a fine of up to five thousand
rupees on such person or organisation.
- One who is not satisfied with the
punishment awarded by the Environmental Inspector
pursuant to sub-section (5) may file a complaint with
the prescribed authority, and the decision made by
the prescribed authority on such a complaint shall
be final.
- Other functions, duties and powers
of the Environmental Inspector shall be as prescribed.
- Protection of National Heritage:
- It shall be the duty of the concerned
agency to protect National Heritage
- For the purpose of the protection
of National Heritage, the concerned agency shall be
required to prepare and maintain an inventory and
such an inventory shall also include the objects or
places listed in the World Heritage List available
within the Kingdom of Nepal.
- The objects, places, plants, animals
etc, included in the inventory referred to in sub-section
(2) shall be protected as prescribed.
- Environment Protection Areas:
- His Majesty's Government may be
a notification in the Nepal Gazette maintain any place
within the Kingdom of Nepal containing natural heritage
or aesthetic, rare wildlife, biological diversity,
plant, and places of historical and cultural importance,
which are considered extremely important from viewpoint
of environment protection, as an Environment Protection
Area.
- The performance of any act as prescribed
may be prohibited in the Environment Protection Area
maintained pursuant to sub-section (1).
- Establishment of a Laboratory:
- His Majesty's Government may establish
different laboratories as required or may prescribe
any existing laboratory to help the act relative to
environment protection and pollution control.
- Other functions, duties and powers
of the laboratory established or prescribed pursuant
to sub-section (1) shall be as prescribed.
- To Allow Collection of Samples:
In order to study, examine or analyze the pollution, sound,
heat and wastes to be or likely to be generated from any
industry, factory, machine, vehicle etc., the concerned
person, organisation or proponent shall be required to
allow the person or institution authorized from the concerned
agency to collect samples of such objects or substances,
as per necessity.
- Establishment and Operation
of Environment Protection Fund:
- Fund named Environment Protection
Fund shall be established for the protection of environment,
prevention and control of pollution and protection
of the National Heritage.
- The following amounts shall be
deposited in the Fund referred to in sub-section (1):
- Amount received from His Majesty's
government
Amount received from foreign governments or international
organisations
Amount received from other sources.
- The operation of the Environment
Protection Fund Shall be as prescribed.
- The fund shall be audited by the
Auditor General.
- Power to constitute Environment
Protection Council:
His Majesty's Government may, to provide policy guidance
and suggestions to His Majesty's Government with regard
to environment protection, and also to have coordination
among different agencies, constitute and Environment Protection
Council comprising of environmental experts and representation
of the persons from recognized political parties at national
level as well.
- Concession and Facility May be Provided:
In addition to the concessions and facilities provided
under the prevailing law. His Majesty's Government may,
to encourage any industry, enterprise, technology or process
which causes positive impacts on environment protection,
by publishing a notification in the Nepal Gazette, provide
additional concessions and facilities as prescribed.
- Committee May be Formed:
- In order to accomplish the objectives
of this Act, the Ministry may form different committees
consisting also of experts in the relevant subjects.
- The functions, duties and powers
of the committees formed pursuant to sub-section (1)
shall be as prescribed by the Ministry.
- Compensation May be Given:
- In case, in consequence of the
creation or disposal of pollution, sound, heat or
wastes by anybody contrary to this act or rules or
guidelines framed hereunder any person or organisation
happens to suffer any loss or damage., the person
or organisation affected from such actions may, if
he desires to have compensation recovered from the
person or institution or proponent doing such act,
make an application to the prescribed authority setting
out the details thereof.
- In case any application is filed
pursuant to sub-section (1), and while doing examination
by the prescribed authority of the application and
the state of situation of that place as well, if it
is proved that the pollution, sound, heat or wastes
produced or disposed by any person, organisation or
proponent has caused adverse impacts on, and resulted
in any loss or damage to any person or organisation.
- Punishment:
- In case any person carries out
any act without getting a proposal approved under
Section 6 or any act contrary to the approved proposal,
the prescribed authority may close down such act immediately,
and if any person or organisation has done such act,
may according to the degree of offence punish him
with a fine up to one hundred thousand rupees.
- In case any person commits any
other acts under this Act or the Rules or guidelines
framed hereunder, the prescribed authority may require
to close down such act immediately, and if any person
or organisation has don such act, punish him, according
to the degree of the offence, with a fine up to fifty
thousand rupees.
- Appeal:
A person who is not satisfied with the decision or order
made by the prescribed authority may appeal to the concerned
Appellate Court within thirty five days from the date
of the decision or order.
- Procedures to be followed:
The prescribed authority shall, while carrying out
any act or action referred to in this Act, follow the
procedures as prescribed.
- Delegation of Power:
The Ministry may, as per necessity, delegate any of the
powers conferred on it pursuant to this Act to any agency
of His Majesty's Government, the Environmental Inspector
or to any officer employee.
- This Act to Prevail:
The matters set forth in this Act shall be governed by
this Act, and other matters shall be governed by the prevailing
laws.
- Power to Frame Guidelines:
His Majesty's Government may, subject to this Act or the
Rules framed hereunder, frame and implement necessary
guidelines, and it shall be the duty of all the concerned
to abide by such guidelines.
- Power to Frame Rules:
- His Majesty's Government may frame
necessary Rules for carrying out the objectives of
this Act
- Without prejudice to the generality
of the power conferred by sub-section (1), it may
frame Rules in particular on the following matters.
- Proposal
- Conduction of initial Environmental
Examination or Environmental Impact Assessment
- Sources, standards, prevention
and control of pollution
- Biological diversity and the protection
of National Heritage
- Water, air, noise, soil pollution
- Management and transportation etc.
of wastes,
- Operation of the Environment Conservation
fund, and
- Other necessary matters.
Date of Royal Seal:
2053/10/17.5 (30 Jan. 1997)
By order
Suresh Man Shrestha
Secretary to His Majesty's Government
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