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Environmental and Social Management Frameworkwater conservation activities that support to stabilize the road slopes andminimize likely adverse impacts on the road and by the road.3.2.3 Nepal Environmental Policy and Action Plan (NEPAP), 1993The Nepal Environmental Policy and Action Plan (NEPAP) were endorsed in1993 to institutionalize environmental protection in the development processes. Itbasically addresses industrial and urban development, as well as infrastructuredevelopment. The action plan for infrastructure development in NEPAPrecommended development of EIA guideline for road sector, among others.Subsequent document NEPAP II has been prepared which includesrecommendations for implementing environmental programs and action plans.3.3 Environmental and Natural Resources Protection3.3.1 The Environmental Protection Act, 1996 (EPA)The Environmental Protection Act. 1996 and Environmental ProtectionRegulation, 1997 (first amendment, 1999) contain several provisions toinstitutionalize the integration of environmental aspects in development projectsincluding road sector, and empowers the then Ministry of Population andEnvironment (MoPE) and now the Ministry of Environment, Science andTechnology (MoEST, as MoPE has been recently annexed to Ministry of Scienceand Technology- MoEST) to approve EIA report. Similarly, in case of IEE levelstudy, the line Ministries, which is Ministry of Physical Planning and works(MoPPW) for the proposed Project, is authorized to approve the Final IEE Report.Following are the highlight of the EPA, 1996.The Act recognizes the interdependence between development and theenvironment and shows the concerns for minimizing the impacts of environmentaldegradation on people, animal, and plant species and their physicalsurroundings,The Act obliges the proponent to undertake IEE and EIA of proposal, plans orprojects which may cause changes in existing environmental condition andauthorizes the then MoPE (now MoEST) to clear all EIA and line ministries forIEE study. It empowers the then MoPE (now MoEST) to prohibit the use of anymatter, fuel, equipment or plant, which has adverse effects on the environment.The Act makes provisions that polluters or liable persons for environmental andprivate property damage have to compensate affected persons from pollutingactivities. The Act empowers GoN to provide additional incentives to any industry,occupation, technology or process, which has positive impacts on environmentalconservation. It also makes provision to establish an Environmental ProtectionFund to be used for environmental protection, pollution control and heritageconservation, and gives the government the authority to declare specific areas asenvironmentally protected area.3.3.2 The Environmental Protection Rule, 1997 (first amendment, 1999)(EPR)With respect to the forthcoming needs of IEE, EIA and SIA for the SRN subprojects,this regulatory provision bears the principal provisions for any projectproponent involved in this program. In the process of implementing EPA (1996)effectively, the Environmental Protection Rule (EPR) has been enforced in 1997and amended in 1999. EPR contains the elaborative provisions on the process tobe followed during the preparation and approval of projects requiring EIA and IEEincluding scoping document, terms of reference, information dissemination, publicconsultation and hearing, and environmental monitoring and auditing. EPR callsfor the public consultation prior to the preparation of scoping document andTerms of Reference and public hearing prior to the approval of EIA Report.Chapter 3-2 April 2007
Environmental and Social Management FrameworkThe environmental laws stipulate the requirements and procedures for theapproval process of the Environmental Assessment. Section 3 to 6 of the EPA,1996 and Rule- 3 to 11 of the EPR, 1997contain such provisions, Rule 12 of theEPR, 1997 (first amendment 1999) requires the proponent to comply with thematters mentioned in the report and other conditions, if any, prescribed by theapproving agency or concerned agency, while Rule 13 and 14 are related toenvironmental monitoring and environmental auditing.The environmental legislation empowers concerning Ministry to monitor theenvironmental activities including mitigation measures and the then MoPE (nowMoEST) for environmental auditing. For IEE, the concerning Ministry, which isMinistry of Physical Planning and Works in case of the proposed Project, isauthorized to approve the Final IEE Report. The EPR also lists the environmentalscreening through depicting the types of development activities requiring IEE orEIA Level Study. It also gives an outline of content of Terms of Referencedocument, IEE and EIA Report.The preparation of Environmental Management Plan (EMP) is determined as akey part of the EIA report. The proponent is required to implement the mitigationmeasures, while the environmental monitoring works should be performed by theconcerned agency (ministries), and auditing by the Ministry of Population andEnvironment (the then MoPE (now MoEST) in accordance with the provisions ofthe EPR, 1997.The environmental law has made the public consultation a pre-requisite to all theprescribed projects to provide different stakeholders an opportunity to raise theirconcerns right from the Project Scoping stage to the approval of EIA Report.Provision of intense public participation and consultation has been mademandatory for EIA through Public consultation during Scoping and Public Hearingafter Draft Report Preparation. Such participation of the related stakeholders takeplace during entire period of preparation of EIA report. Section 18 of the EPA,1996 empowers the prescribed authority to close down such act immediately andimpose fine up to one hundred thousand rupees in case any person implementsa proposal requiring environmental assessment without any approval or carriesany act in contrary to the approved proposal.3.3.3 Soil and Watershed Conservation Act, 1982In order to properly manage the watersheds of Nepal, the Soil and WatershedConservation act, 1982 was enacted. Section 3 of the act empowers thegovernment to declare any area as a protected watershed area. Section 4 of theact provides that a watershed conservation officer has the authority to implementthe following works in protected watershed areas:• Construct and maintain dam, embankment, terrace improvements,diversion channels and retaining walls• Protect vegetation in landslide-prone areas and undertake afforestationprograms, and• Regulate agricultural practices pertinent to soil and watershedconservation.Under Section 10 of the act, power is extended to the Watershed ConservationOfficer to grant permission to construct dams, drainage ditches, canals, cutprivately owned trees, excavate sand, boulders and soil, discharge solid waste,and establish industry or residential areas within any protected watershed. TheAct outlines the essential parameters necessary for proper watershedmanagement (including rivers and lakes). The act is applicable to protectedwatersheds.April 2007 Chapter 3-3
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