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Environmental and Social Management Framework3.3.4 Forest Policy, 1993The forest policy is attracted when a development project directly or indirectlyimpacts on the forest resources. The forest policy is directed, inter alias, tocontribute food production through effective interaction between forestry andfarming system, to protect land against degradation by soil erosion, landslide,and other effects of ecological disturbances, and to conserve ecosystem andgenetic resources. However, the forest policy re-emphasizes to avoid forestdestruction or tree cutting while constructing infrastructures duringimplementation of project other than forest sector. The policy has prioritized theprotection of Siwalik, the geologically vulnerable area, with a view to ensurewatershed conservation, and maintenance of water recharge. The policy alsostresses conservation of endangered species. It has reiterated that forest areawill not be used for any activities other than prescribed in Operational ForestManagement Plan. The forest policy emphasizes the implementation ofcommunity and private forestry development programs, national parks andconservation areas management programs, soil and watershed conservationprogram, management and development of medicinal plants, and conservation ofbiological diversity.3.3.5 Forest Act, 1993The Forest Act, 1993 recognizes the importance of forests in maintaining ahealthy environment. The Act requires decision makers to take account of allforest values, including environment services and bio-diversity, not justproduction of timber and other commodities. The basis of Act is resource orientedrather than use oriented.The Forest Act, 1993, (amendment, 1998) contains several provisions to ensurethe development, conservation, management and sustainable use of forestresources, based on an approved work plan. The work plan should contain a listof activities that should be implemented in the different forest categories -national forests, community forests, leasehold forests, private forests, andreligious forests. Section 23 of the Act empowers the government to delineateany part of the national forest, which has ‘special environmental, scientific orcultural importance’, as a protected forest. Section 49 of the Act prohibitsreclaiming lands, setting fires, grazing cattle, removing and damaging forestproducts, felling trees of plants, wildlife hunting and extracting boulders sand andsoil from the National forest without the prior approval. However, the governmentmay enforce Section 68 of the Forest Act to provide parts of any type of forest forthe implementation of a national priority plan with the assurance that it does notadversely affect the environment significantly.3.3.6 Forest Rule, 1995The Forest Rules 1995 (amendment, 1999) further elaborate legal measures forthe conservation of forests and wildlife. Based on forest legislation, thirteen plantspecies are included in the level protection list. Of them, GoN has banned thefelling, transportation and export of Champ (Michelia champacta), Khayer (Acaciacatechu) and Sal (Shorea robusta). The Rule also stipulates that the entireexpenses for cutting and transporting the forest products in a forest area to beused by the approved project shall be borne by the proponents of the project.3.3.7 Forest Produce Collection and Sales Distribution Guidelines, 2001Clause 3 to 10 of the Guideline have specified various procedure and formats forgetting approvals for vegetation clearance, delineation of lands for vegetationclearance, evaluation of the wood volume etc. and government offices andofficials responsible for the approval, delineation and evaluation.Chapter 3-4 April 2007
Environmental and Social Management Framework3.3.8 The Aquatic Animal Protection Act, 1961This Act indicates an early recognition of the value of wetlands and aquaticanimals, Section 3 renders punishable to any party introducing poisonous,noxious or explosive materials into a water source, or destroying any dam, bridgeor water system with the intent of catching or killing aquatic life. Under Section 4of the Act, Government is empowered to prohibit catching, killing and harming ofcertain kinds of aquatic animals by notification in Nepal Gazette.3.3.9 The National Wetland Policy, 2003The National Wetland Policy, 2003 also includes the need for carrying out EIA inaccordance with the provision of the existing laws for development projects andactions, which are planned for implementation nearby the wetland1.3.3.10 National Parks and Wildlife Conservation Act, 1973 and RulesThe National Parks and Wildlife Conservation Act, 1973 address for conservationof ecologically valuable areas and indigenous wildlife. The Act prohibits anymovement of a person without written permission within the parks and thereserves (Article 4). The Act further prohibits wildlife hunting, construction ofhouses and huts, damage to plants and animals etc., within the reserve, withoutthe written permission of the authorized person (Article 5). The Act has also listed26 species of mammals, 9 species of birds and 3 species of reptiles as protectedwildlife (Sch.1).3.3.11 Mountain National Park Regulation, 1979This regulation governs the Langtang National Park, Sagarmatha National Park,and Rara National Park 2 . Article 7 of this regulation prohibits the followingactivities within Mountain National Parks without a written permission of thewarden:• Build a house, hut or other construction and use such structure• Encroach any piece of land, and clear, damage or remove any vegetationand cultivate or harvest any crops• Graze or water any domestic animals or birds• Cut, prune, remove, or set fire on vegetation, plants or damage any tree,bush, or plants in any other manner• Stay overnight, camp, or campfire• Plough or mine or remove stone, sand, mud, minerals or damage the landin any manner• Block, divert or use hazardous or explosive materials in the rivers flowingwithin the national parks or in the sources of water, and• Bring and leave any exotic plants, animals, and birds inside the nationalparks3.3.12 The Buffer Zone Management Regulation, 1996The Buffer Zone Management Regulation, 1996 has mandatory requirement tohave permission of Warden to carry out following activities within a buffer zonearea:• Occupying any land without legal ownership or cutting trees, clear forest orcultivate forestland• Any activity damaging forest resources or setting fire in the forest1 Nepal is also a signatory to the RAMSAR Convention.April 2007 Chapter 3-5
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