EMP Env. Law in Nepal

Environmental Law in Nepal
Environmental Management and Policies.
Dipesh Dahal. (62715)

Lorenzo Molina. (62491)
Nischal Oli. (62716)
Sebastian Videla. (62527)
Research method.
Ground &
Soil
Laws, policies and Causes, laws

trities ensemble & Impact.
Perspectives Water
Environmental
method
law in Nepal
Air & Noise
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Contents table
• Introduction & Backgrounds.
• Soil and ground pollution control law.
• Solid Waste Pollution Control Law.
• Air Polution and Noise (Causes, Laws and Policies)
• Water Pollution Control Law.
• Recommendations.
• References.
Introduction & Background.
Nepal.
Nepal is the Himalayan
country known as the land
of the Mt. Everest and the
birthplace of Lord Buddha.
The country is situated in
South Asia, between China
and India.
A land cover map of Nepal
General Aim for Nepalese environmental policies.

• To manage efficiency and sustainably natural and physical resources.
• To balance development efforts and environmental conservation for
sustainable fulfillment of the basic needs of the people.
• To safeguard national heritage.
• To mitigate the adverse environmental impacts of development projects
and human actions.
• To integrate environment and development through appropriate
institution, adequate legislation and economic incentives and sufficient
public resources.
Most important developmental projects with the formulation of

Environmental protection Laws.
• Forest Act law(1992):-(Around 35%), Conserve and manage forest and
biodiversity, Prohibition on deforest, to set fire or any act to cause firing, Punish as
a fine or imprison.
• The National parks and wildlife conservation Act(1973):- (9 National Parks, 6

wildlife conservation areas), Restriction to entry, hunting to be prohibited).
• Aquatic Animal Protection Act:-Prohibition on closing or demolishing doors of fish

ladder, Prohibit the catching , killing of certain kinds of aquatic animals, prohibit on
using different types of poison in water.
• The Electricity Act(1992):- Avoid environment effects during electricity generation

and transmission.
• The Tourist Acts:- To minimize waste and environmental pollution in the trekking
areas, mountainous regions.
Ground and soil pollution
Sources of concern.
• Forest depletion.
• Loss of Biodiversity.
• Public participation.
• Industrial waste disposal.
• Soil Productivity decline.
• Soil Erosion and land degradation.
• Soil organic matter decline.
• Loss of Soil nutrients.
• Soil pollution and contamination.
• Soil sealing.
Currently laws related to ground degradation.

• Environment Protection Act, 1996
• Forest Act, 1992
• Soil and Water Conservation Act, 1982
• Solid Waste (Management and Resource Mobilisation) Act, 1986
• National Parks and Wildlife Conservation Act, 1973
Environment Protection Act, 1996

• Maintain clean and healthy environment and contribute to sustainable
development.
• Integrate environmental instruments in economic development planning and

decision-making. EIA.
• Develop and strengthen human resources (knowledge based and

technical/scientific) and institutions.
• Institutionalize stakeholders‘ participation on environmental management.
• Minimize pollution load through the enforcement of environmental legislation and

standards
Forest Act, 1992

• Conserve and manage forest and biodiversity.
• Concerned with forest administration and defined the duties of Forest

Department (FD), forest offences and prescribed penalties.
• FUG’s Initiative. (Forest User Groups)
National Parks and Wildlife Conservation Act, 1973

• 1992 – 1996 – 2001 – 2006
• 731,000 hectares of land.
• Department of National Parks and Wildlife Conservation (DNPWCA).
• National parks; Wildlife reserves; Controlled nature reserves; Hunting

reserves; and Conservation areas.
• Poaching and over-harvesting.

Solid Waste Management Act of 2011

• Make SWM simple and effective
• Minimize the impact of solid waste on the environment and public health
• Treat solid waste as a resource
• Include private sector participation
• Improve public participation by increasing public awareness about
sanitation.
To implement this directive successfully, the municipality charges NRs500

($5.21) to shops selling polythene bags and NRs200 ($2.08) to people
carrying polythene bags.
Types of solid waste disposal method in municipalities of Nepal
Guidelines, manuals and standards.

• National EIA Guidelines, 1993.
• EIA Guidelines for the Forestry Sector, 1995.
• Forest Products Collection and Sales Distribution Guidelines, 2058 (2001)
• Guidelines on Use of Forest Area for Other Purposes, 2063 (2006).
Principal causes of ground and soil degradation.
• Reduction in sowing and harvests time.
• Overproduction.
• Water quality.
• Natural causes (natural degradation facts)
• Lack of reforestation.
• Lack of awareness programs
Population Growth
Food Deficit Fodder Deficit Wood Deficit
Cultivation of Overgrazing,
marginal lands, Excessive lopping Over-Cutting
Intensive Agriculture on fodder
Less Manure Grassland Degradation
Forest
Soil Erosion degradation
Natural Causes Reduce Fertility Land degradation

18
Government Programs supporting environment

• Sloping Agricultural land an technology (SALT)
• Integrates plant nutrients management IPNM
• Technology of sustainable soil management practices dissemination
• Delivery of agricultural inputs
• Upgrading lovestock
• Rehabilitation by promoting horticultural crop in drisctrict level
Shifting cultivation program

• Practiced in central and western Midhills.
• Regeneration of forest is hampered in long run.
• Avoid cultivation practice without replenish of plant nutrients which

threats sustainability.
• Soil erosion control due to the lack of surface cover.
Forestry program
• Community and private forestry Program.
• National and leasehold Forest.
• Soil conservation and watershed management program.
• Conservation of ecosystem and genetic resources.
• River training programs.
Air and noise pollution
Current Status
• The recent Environmental Performance Index 2016 has
suggested increase in overall PM2.5 in Nepal over the last
decade (over 13- and 4-folds higher than that
recommended by WHO air quality guidelines of 25
µg/m3).
• PM10 exceeds WHO guidelines by as much as 72 times.
• Nepal ranked 149th out of 180 for air quality in 2016
Environmental Performance Index.
• In Nepal, emission control policies have begun after the
Earth Summit 1992 with the introduction of "Vehicle
emission Control in Kathmandu Valley 1993“.
• The Constitution of Nepal 2015 has guaranteed people's
right to live in clean and healthy environment (Article 35:
1 and 2).
Principal causes
• Electricitysources: hydro provides majority but during dry
season, power sharing means many facilities use diesel
generators.
• Increasing numbers of people and vehicles, causing
congestion on narrow roads; old, poorly
maintainedvehicles; fuel adulteration; 63% of vehicles are
two-wheelers.
• Outdoor, open burning: waste burning is common, as is
rices traw burning.
• Dominant fuels used for cooking and space heating: 81%
use solid fuel, mainly wood, agricultural residues and
animal waste; in urban areas, cooking gas is more
commonly used.
Source of concern
• High exposure in air pollution may cause chronic bronchitis, lung
cancer, asthma and other respiratory problems.
• It also affects cardio vascular system and nervous system (Lahiri,
2003).
• Impact:9,200 deaths/year from indoor air pollution (800 from outdoor
air pollution).
• Deforestation as well as indoor air pollution.

• Due to the poor health, human productivity is also loss.
• Acid rain.
• Ozone layer depletion.
• Reduction of visibility
Policies to prevent Air pollution

• Improve public transportation system.
• Promote clean transportation.
• Introduce fuel quality standard.
• Efficient implement the green sticker system.
• Promote energy efficiency and cleaner technologies in industries.
• Promote alternative energy such as Solar.
• Effective waste management system to stop disposal of waste in public places and control open burning
of waste.
• Using environmental tax for improving air quality.
• Air quality monitoring program.
Currently laws related to Air polution.

• In late 2000, two-stroke motorcycle registration was restricted.
• The vehicle run by LPG and CPG (compressed natural gas) was improved from 2000.
• In 2001, government decided adds 10% extra tax for the vehicle having older than 15 years. This is the first case
that government linked between tax and vehicle age. It helped to discourage the use of older vehicles.
• In 2001, The National Transport Policy was formulated. This policy is directly related to clean transportation
system.
• In 2003, the National Ambient Air Quality System for various air pollutants was established.
• Two-stroke three-wheeler vehicles were banned from 2004 in the Kathmandu Valley.
• Government closed Himal Cement Factory to control the air pollution which was situated near the valley.
(Source: Dahal, 2006)
• Government has formulated and applied many rules and regulations to address the air pollution of Kathmandu
valley, but the graph below shows that the main air pollutants Total Suspended Particulates (Particulate matters)
is increasing every year. (Source: MoEST Report 2006)
Causes of Noise Pollution

• Vehicular noises.
• Saw mills or furniture factories in residential areas.
• Sugarcane mills.
• Textile or metal industries.
• Aircraft.
• religious ceremonies.
• Mosques or temples using loud speakers.
• Construction equipment.
• Neighbourhood and domestic noises.
Noise Pollution Control Law

The government has not given serious priority to control noise pollution activities even under
the Environment Protection Act, 1997
But…
• The Civil Aviation Act, 1958- a provision to control airplane noise.
• The Explosives Act, 1961-to regulate noise from the use of explosives to some extent.
• April 14, 2017,In a bid to mitigate notorious noise pollution at Capital City Kathmandu
valley , the Metropolitan Traffic Police Department (MTPD) in conjunction with the
Kathmandu Metropolitan City are working to ban the use of pressure horns except during
emergencies. This rule is not applicable to ambulances, fire engines and police vans.
Offenders fine RS 1000 to Rs.5000 .
Noise pollution control strategies

• Introducing a certain standard of noise level for road traffic noise, aircraft traffic noise, industrial
noise, neighbourhood noise, saw mill noise with restriction on location of establishment.
• Other stakeholders like the Traffic Police, Vehicle Inspector and citizens also need to be aware
of the results of noise pollution.
• Damaged road, airport ground need to be repaired timely to reduce vehicular noise pollution.
• Preparing a Noise Control Policy by consulting different stakeholders before drafting a legal
framework.
• The respective agencies should immediately start necessary home work to tackle noise
pollution before it worsens the environment.
• Living in a peaceful environment is also the right of person
Water pollution
Water pollution
Water Pollution Control Law

1. Essential Commodity Protection Act 1955.
• Deems drinking water an essential commodity and strictly protects

drinking water.
• Prohibits any unauthorized use or misuse, stealing, damaging etc. of

drinking water
Water pollution

2. Nepal Water Supply Corporation Act 1989
• Establishes the Nepal Water Supply Corporation as the perpetual,

autonomous government controlled corporation responsible for the
supply of drinking water.
• Prohibits certain acts and provides penalties/punishment for

violation.
Water pollution

3. Water Resource Act 1992
• The umbrella Act governing water resource management.

• Declares the order of priority of water use.
• Vests ownership of water in the State.
• Provides for the formation of water user associations and establishes
a system of licensing.
• Prohibits water pollution.
Water pollution
National Water Plan-Nepal 2005

The NWP includes subsector-wise action program in water induced
disasters, environmental action plan on management of watershed and
aquatic ecosystem, water supply, sanitation and hygiene, irrigation for
agriculture, hydropower development, industries, tourism, fisheries, and
navigational uses, water-related information systems (Decision Support
System for River Basin Planning and Management), legal frameworks, and
institutional mechanisms.
Environment Management Plan, a strategic document for the

implementation of environmental protection measures (including
downstream water pollution and groundwater quality, erosion/landslide and
sedimentation, water pollution and sanitation, effect on aquatic life and
wetland ecosystem), monitoring (baseline, impacts, and compliance),
environmental auditing and institutional and procedural arrangements.
Recommendations and takeaway’s
Soil & ground pollution
Recommendation
• Promotion of Reduce, Reuse, and Recycle.
• Encourage some international help to reclycling bussines
• Public Participation and Environmental Awareness since schools.
• Improvements toward Integrated Solid Waste Management.
• Public–Private Partnership to increase residual disposal.
Recommendation
• The industries already in operation should be duly monitored to update the
status of gaseous and particulate emissions from those industries.
• Encouraging people to use electronic vehicle and bicycle.
• Government could increase tax for private vehicles and give subsidy for public
vehicles.
• Strict control over prevailing practices of burning tyre and creating fireplace in
open areas.
• Introduction and expansion of electric vehicles for the mass transit.
• Having awareness programs on urban environment and other issues.
Water pollution
Recommendation
• Cleaning and treatment of waste water.
• Control of irruption at distribution of industries.
• The use of pesticides should be minimized.
General Takeaways
General Takeaways
• Policy Formulation should be clear enough to implement the Implementation Mechanism.
• Peoples Perception is that the Development is first rather than environmental conservation So
Should be in align with the Development activities.
• Economic Cost and Environmental Protection both should be taken in consideration.
• Should focus on Implementation Mechanism of Environmental law, legislation.
• Nepal being a fragile and vulnerable area Environmental legislation should be strictly followed.
• Several institutions have continued the incorporation of selected activities in program planning
and implementation. However, much of the policies still remains to be implemented.
References
References
• Ministry of Population and environment & Singh Durbar, Kathmandu & His
Majesty‘s Government of Nepal (2001). ENVIRONMENTAL LEGISLATION
AND INSTITUTIONS IN NEPAL, Katmandú. Handbook on national
environmental legislation and institutions in Nepal.
• Water Aid-Nepal (2005). Water Laws in Nepal: Laws Relating to Drinking
Water, Sanitation, Irrigation, Hydropower and Water Pollution
Updated by WECS, Nepal 2015.
• ICIMOD (2007). Kathmandu Valley Environment Outlook.
• WECS (2005). Water Resources Strategy Nepal.
• WECS (2005). National Water Plan – Nepal
• https://thehimalayantimes.com/entertainment/noise-pollution-are-you-
aware-of-it.
Thank you.


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Environmental Law in Nepal

Environmental Management and Policies.

Dipesh Dahal. (62715)

Laws, policies and Causes, laws

Air & Noise

• Soil and ground pollution control law.

• Solid Waste Pollution Control Law.

• Air Polution and Noise (Causes, Laws and Policies)

• Water Pollution Control Law.

A land cover map of Nepal

General Aim for Nepalese environmental policies.

Most important developmental projects with the formulation of

• The National parks and wildlife conservation Act(1973):- (9 National Parks, 6

• Aquatic Animal Protection Act:-Prohibition on closing or demolishing doors of fish

• The Electricity Act(1992):- Avoid environment effects during electricity generation

Currently laws related to ground degradation.

• Forest Act, 1992

• Soil and Water Conservation Act, 1982

• Solid Waste (Management and Resource Mobilisation) Act, 1986

• National Parks and Wildlife Conservation Act, 1973

Environment Protection Act, 1996

• Integrate environmental instruments in economic development planning and

• Develop and strengthen human resources (knowledge based and

• Institutionalize stakeholders‘ participation on environmental management.

• Minimize pollution load through the enforcement of environmental legislation and

Forest Act, 1992

• Concerned with forest administration and defined the duties of Forest

• FUG’s Initiative. (Forest User Groups)

National Parks and Wildlife Conservation Act, 1973

• 731,000 hectares of land.

• Department of National Parks and Wildlife Conservation (DNPWCA).

• National parks; Wildlife reserves; Controlled nature reserves; Hunting

• Poaching and over-harvesting.

Solid Waste Management Act of 2011

To implement this directive successfully, the municipality charges NRs500

Types of solid waste disposal method in municipalities of Nepal

Guidelines, manuals and standards.

• EIA Guidelines for the Forestry Sector, 1995.

• Forest Products Collection and Sales Distribution Guidelines, 2058 (2001)

• Guidelines on Use of Forest Area for Other Purposes, 2063 (2006).

• Natural causes (natural degradation facts)

• Lack of awareness programs

Food Deficit Fodder Deficit Wood Deficit

Less Manure Grassland Degradation

Natural Causes Reduce Fertility Land degradation

Government Programs supporting environment

• Integrates plant nutrients management IPNM

• Technology of sustainable soil management practices dissemination

• Delivery of agricultural inputs

• Rehabilitation by promoting horticultural crop in drisctrict level

Shifting cultivation program

• Regeneration of forest is hampered in long run.

• Avoid cultivation practice without replenish of plant nutrients which

• Soil erosion control due to the lack of surface cover.

• National and leasehold Forest.

• Soil conservation and watershed management program.

• Conservation of ecosystem and genetic resources.

• River training programs.

• Deforestation as well as indoor air pollution.

• Ozone layer depletion.

Policies to prevent Air pollution

Currently laws related to Air polution.

Causes of Noise Pollution

Noise Pollution Control Law