ADB_book_18 April.qxp - Himalayan Document Centre - icimod

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Appendix 14.1: List of Key Environmental Laws and Related Legislation inNepalFor completeness, this list includes some Acts that have been superseded by later Acts and are no longer inforce. Only some amendments have been listed.Ancient Monument Protection Act, 1956Private Forests Nationalisation Act, 1957Forest Protection Act, 1956Civil Aviation Act, 1958Aquatic Animals Protection Act, 1961Forestry Act, 1963Forest Protection (Special Arrangements) Act, 1967Plant Protection Act, 1972National Parks and Wildlife Conservation Act, 1973 (amended 1974, 1982, 1989, 1993) and Regulations, 1974Public Roads Act, 1974Tourism Act, 1978King Mahendra Trust for Nature Conservation Act, 1982Decentralisation Act, 1982Mines and Minerals Act, 1985, and Regulations, 1999Soil and Watershed Conservation Act, 1982, and Regulations, 1985Nepal Petroleum Act, 1983Solid Waste Management and Resource Mobilization Act, 1987Pashupati Area Development Trust Act, 1987Seeds Act, 1988, and Regulations, 1997Kathmandu Valley Development Authority Act, 1988 (not enforced)The Constitution of the Kingdom of Nepal, 1990Pesticides Act, 1991Industrial Enterprises Act, 1992Social Welfare Act, 1992Labour Act, 1992Water Resources Act, 1992, and Regulations, 1993Vehicle and Transport Management Act, 1992, and Regulations, 1997Electricity Act, 1992,and Regulations, 1994Forest Act, 1993 (amended 1999), and Regulations, 1995 (amended 2001)Environmental Impact Assessment Guidelines, 1993Environmental Impact Assessment Guidelines for the Forestry Sector, 1995Nepal Civil Aviation Authority Act, 1996Buffer Zone Management Regulations, 1996, and Guidelines, 1999Nepal Tourism Board Act, 1996Environment Protection Act, 1996, and Regulations, 1997 (amended 1999)Town Development Fund Act, 1997Drinking Water Regulations, 1998Local Self-Governance Act, 1999, and Regulations, 2000216 Environment Assessment of Nepal : Emerging Issues and Challenges
Appendix 14.2: Some Common Constraints Faced by Nepal inImplementation of Environmental Impact Assessment: OperationalProblems and their SolutionsBased on the experiences of MOEST and other environmental agencies under the Government of Nepal,the following constraints and operational problems in execution of EIA related management plans have beenidentified in the country. Some recommendation solutions for resolving the operational problems have beenprovided here under.Constraints faced(i) There is a need for amendments of the provisions and clauses of the Environment Protection Act (EPA)and Environment Protection Regulations (EPR) themselves, to make them clearer and easier to follow(ii) There are procedural delays within MOEST (formerly MOPE) whose accountability has never beenquestioned,(iii) Due to lack of competent staff, MOPE failed to carry out the needed interventions in the EIA process,The newly formed MOEST will have to be more proactive in this regard.(iv) There are technical difficulties in organizing public hearings at sites that delays the approval process,(v) No concern has been demonstrated by apex agencies like NPC and NEPC about the ongoingunsatisfactory status of implementation of the EIA process,(vi) Many sectoral agencies are carrying out the EIA process as a formality and due to the inability in the pastof MOPE to administer and monitor the mitigation measures, the agencies concerned escapedpunishment. MOEST will have to be more attentive in tackling these issues.(vii) There are grievances from proponents and developers that the overall time required for following theprocess and preparation of EIA reports and their approval is too long.(viii) In many cases, mitigation measures identified in the EIA reports are not undertaken, and the experienceof one completed project is not taken into consideration while preparing and approving EIA reports forother projects.Operational problems and their solutionsProblems(i) There are inconsistencies and complexities in Schedules, which include list of projects requiring initialenvironment examinations (IEE) or EIA, format for terms of reference, and IEE and EIA reports. Some ofthe proposals requiring IEE or EIA are unclear and misleading.(ii) The environmental law is silent about the time limit for the implementation of an EIA report. Forexample, the proponent may prepare an EIA report and then process it for implementation after asignificant time lapse. In such cases, baseline conditions may change and many of the impacts andcorresponding mitigation measures will also have to be altered.(iii) The format and content of the Scoping <strong>Document</strong> has not been issued, which has reduced reportquality. In recent years, copying of (EIA) reports and their duplication has been a major problem.(iv) The reviewing agencies are unclear about the aspects to be reviewed in the Scoping <strong>Document</strong> and finalEIA report due to lack of review guidelines and criteria. In most cases, consultants and practitioners arereluctant to review and redo the reports to improve their quality.(v) In linear projects, a number of village development committees (VDCs) or municipalities may beaffected. The law is unclear about the number of public hearings to be carried out at the project site,and number of recommendation letters of VDCs or municipalities to be submitted to the approvingagency.(vi) Most EIA reports have not shown linkages between the baseline conditions, environmental impacts,mitigation measures, and monitoring requirements.Chapter 14: Emerging Priorities217
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About the OrganisationsAsian Develo
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© 2006 International Centre for In
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AcknowledgementsWe would like to ex
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PM2.5PAHRSSAARCSACEPSEASO 2TSPUKUND
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Chapter 6: Energy Resources 65Intro
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List of FiguresFigure 2.1: People a
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Table 6.1: Energy Consumption and P
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forests are also used for infrastru
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as data gathered by different agenc
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Table 2.1: Population Growth Rates
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mortality rates for rural and urban
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Agglomeration village in the centra
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soil erosion, and depletion of wate
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provision remains inadequate becaus
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Malnutrition remains a serious obst
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Table 2.24: Existing and Projected
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Table 2.28: Income Poverty Indicato
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Table 2.31: Change in Employment St
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In 2004, the average annual househo
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Mountain areas have the most food i
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Schaffner, U. 1987. “Road Constru
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Table 3.1: Agricultural Economic De
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Table 3.4: Estimated Soil Erosion R
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B. PradhanImpacts of land degradati
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Carson, B. 1985. “Erosion and Sed
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The trend of forest coverage in the
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BiodiversityState of BiodiversityNe
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The Government has given legal prot
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Different ways of maintaining biodi
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———.2004. State of the Enviro
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Appendix 4.1: Table continuedMajor
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Appendix 4.2: Protected Plant and W
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Table A4.2.3: Nepal's Share in Plan
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to intense weathering, and percolat
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Table 5.5: Water Supply and Water T
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Table 5.9: Water Quality of Shallow
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species are reported to be endanger
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Ministry of Water Resources (MOWR).
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Definition, Forms, and UnitsEnergy
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Table 6.5: Hydropower PotentialRive
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Chilime Hydroelectric Project: An E
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load occurs from 6 pm to 9 pm with
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assessment of wind energy and lack
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Review of Dams and Development by t
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IUCNElizabeth Khaka, UNEP-NairobiRu
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therefore reflect the three guiding
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is a seasonal dust storm. Anthropog
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Figure 7.3: Average Air Quality, Ja
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matter, hydrocarbons, and NO x (Nae
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Figure: 7.9: Vehicle Registered in
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Brick Kilnchlorofluorocarbons (HCFC
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Climate ChangeA region’s climate
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Figure 7.14: Mean Annual Precipitat
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Table 7.3: National Ambient Air Qua
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India. Available: http://www.cleana
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———.1999. “Ambient Air Qual
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Appendix 7.1: World Health Organiza
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Table 8.1: Criteria for Urban Statu
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accommodate the rapidly increasing
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managing solid waste. They are part
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In most municipalities, hazardous w
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in worsening public health conditio
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objects of archaeological, historic
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Min BajracharyaB. PradhanVehicles a
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Department of Health Services (DOHS
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Table 9.1 describes the major highl
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the period to up 2017. The document
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earthquakes; and awareness raising
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Sub-regional LinkagesOther developi
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Figure 9.1: The Key Environmental I
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(iv)(v)(vi)plants, and other non-ti
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environmental governance can be bet
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can vary considerably. Both sides h
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Dhungel, D.N., and A.B. Rajbhandari
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Table A9.1.2: Industry-Specific Tol
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. Cultural Heritage8. Convention fo
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Appendix 9.3: Some Prominent Enviro
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Some funding arrangements made by t
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(NARDF 2004) for a period of 1 to 3
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Table 10.2: Annual Income and Expen
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Table 10.4: Users’ Share in Benef
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From Hands Around Everest bookFrom
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Table 10.8: Subsidy Rate for Biogas
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microorganism communities and the n
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subsidies (Mason 1996). All these a
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addressed only part of the problem.
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historical practice of community-ma
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moved or relocated. The fact that s
Page 180 and 181: Kathmandu Valley and receives a lar
Page 182 and 183: cooperative ventures provided neith
Page 184 and 185: further poaching has not been repor
Page 186 and 187: http://www.pugwash.org/reports/pac/
Page 188 and 189: United Nations. 2003. World Populat
Page 190 and 191: how other countries with substantia
Page 192 and 193: (i) Broad-based and sustainable eco
Page 194 and 195: Although progress is encouraging, m
Page 196 and 197: Nepal’s Changing Pattern of Trade
Page 198 and 199: Table 12.2: Trade/ GDP RatiosFY1981
Page 200 and 201: Table 12.5: Percentage Share of Maj
Page 202 and 203: well as other provisions in specifi
Page 204 and 205: Future Implications for NepalIncrea
Page 206 and 207: International Trade Forum (ITN). 20
Page 208 and 209: - Gross domestic product per unit e
Page 210 and 211: Time Series InformationGenerally tw
Page 212 and 213: Table 13.1a: Different Datasets Col
Page 214 and 215: elevant due to its multidisciplinar
Page 216 and 217: Figure 13.6: Examples of Applicatio
Page 218 and 219: Judith DobmannThere are many source
Page 220 and 221: ———.2003. Mapping Nepal Censu
Page 222 and 223: sustainable livelihoods requires an
Page 224 and 225: and haphazard. Population pressures
Page 226 and 227: issue. These deficiencies stem from
Page 228 and 229: population must be assessed. MOEST
Page 232 and 233: (vii) The EIA report approving agen
Page 234 and 235: Goal 1: Eradicate extreme poverty a
Page 236 and 237: Nepal’s Progress Towards the MDGs
Page 238 and 239: Goal 4: Reduce child mortalityReduc
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