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National EIA Guideline 1993

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100% found this document useful (1 vote)
962 views46 pages

National EIA Guideline 1993

Uploaded by

Tej Chaulagain
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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IUCN

The World Conservation Union


Nepal's National Conservation Strategy Is being Implemented under the
National Plannjng Commisslon/IUCN NCS Implementation Prolect,
through a series of programmes In the key areas of environmental plan-
ning and assessment, national heritage conservation, education and pub-
lic Information. Coordinated by the National Planning Commission, the
implementation project involves representatives of all the major mlnlstrles
and government departments concerned with environmental issues, as well
as Increasing number of local non-governmental organisations.

Nepal is one of over 700 members of IUCN - The World Conservation


Union, and is among more than 40 governments that have been assisted
by IUCN in developing National Conservation Strategies. The National Con-
servation Strategy (NCS) for Nepal was completed ln 1987 and endorsed as
policy in 1988. IUCN was then requested by His Malesty's Government of
Nepal to assist in the Implementation of the NCS for Nepal.

Founded in 1948, IUCN is a membership organisation working to conserve


the earth's soil, land, water, air and life systems. IUCN ls active Ln 118
countries, and is an international agency whose membership indudes both
government and non-governmental organisations, providing them equal
opportunity to work together to achieve effective conservation action.
TUCN's aim is to establish a tangible link between development and the
environment that will result in a lasting improvement in the quality of Ille
of people all over the world.
I

National Environmental Impact


Assessment Guidelines

1993

National Conservation Strategy implementation Project


National Planning Commission, HMG Nepal, in Collaboration with
IUCN - The World Conservation Union
Published by: National Conservation Strategy Implementation Prolect

Copyright: 1994 National Conservation Strategy Implementation Project

The material In this publication may be reproduced In whole or In part and


in any form for education or non-profit uses, without special permission
from the copyright holder, provided acknowledgment or the source ls made.
IUCN Nepal would appreciate receiving a copy of any publication which uses
this publication as a source.

No use of this publication may be made for resale or other commercial


purposes without prior written permission of IUCN Nepal.

Citation National Conservation Strategy Implementation Prolect, 1994.


Environmental Impact Assessment Guidelines 1993 Kathmandu.

Cowr Artwork: F.karam Maharlan

Available from: NPC./IUCN NCS Implementation Project


r.o Box 3923
Kathmandu, Nepal

This publication has been prepared under the NPC/IUCN National Con~ervatlon Strategy (NCS)
Implementation Project. The role of the Swiss Development Cooperation In supporting the NCS
Is gratefully acknowledged.

ii
nd Preface
1de.
uses

Development projects are instrumental to Nepal's economic growth, yet some of the
projects implemented in the past have degraded the very basis of sustained
development by over-exploiting natural resources without concern for the
maintenance of environmental quality. Economic growth which proceeds without
attention Lo proper management and replenishment of Nepal's environmental
resource base can not be sustained. It must be recognised thal development and
conservation should be in tandem.

In Nepal's present situation, in which development is largely project-led,


environmental impact assessment (EIA) is perhaps the most direct and effective
means of combining the aims of conservation and development. This was recognised
in HMG's National Conservation Strategy and in Nepal's Seventh Five-year Plan
S} which anticipated the eventual establishment of an EIA system, a system which
:s wouJd require the conducting an EIA for each ma1or development project prior to its
approval by the relevant government departments. The Eighth Five-year Plan also
requires that development projects be adequately assessed with environmental
impacts before their implementation.

Although the need for EIA has been well recognised, guidelines have to be developed
leading to a systematic application of EIA. Thus far, EIAs have been conducted for
individual development projects, usually at the initiative of bilateral and multilateral
donor agencies, following their own procedures. Currently, a number of sectoral
agencies, including the Department of Industry, the Department of Roads, and the
Water and Energy Commission Secretariat are undertaking important work on EIA
procedures and standards. In particular, the Department of Soil Conservation and
Watershed Management has a long history of activities regarding the development of
EIA methods and undertaking specific studies. While there have been previous
Initiatives to develop ElA legislation for Nepal, these have not been pursued.

With this background, the National Planning Commission (NPC), in collaboration


with JUCN - The World Conservation Union, has undertaken an ambitious
programme to develop national and sectoral guidelines for establishing a national
system for EIA. This intersectoral programme involves the preparation and testing of
national EIA guidelines, followed by sectoral guidelines and, finally, the
establishment of a formal system for the environmental appraisal of aJL forms of
development projects.

As a first step, a workshop to draft National EIA Guidelines was conducted at the
National Planning Commission from 2 to 14 September 1990. The task of preparing
the draft guidellnes was combined with intensive field observations. The workshop

ill
participants themselves were responsible for developing practical guidelines suited to
local conditions.

The 28 participants consisted of senior representatives from nine government


departments, three ministries, and four divisions of the National Planning
Commission. They constitute HMG's Environmental Core Group which is responsible
for formulating and testing national and sectoral guidelines and ultimately an
integrated EIA system for Nepal for the next two years.
1
The Environmental Core Group concept reflects the strong commitment of His
Majesty's Government of Nepal to respond to the pressing need for an environmental 1
planning and assessment framework through intersectoral cooperation. This unified a
and sustained effort is coordinated and facilitated by the National Planning s
Commission with assistance from IUCN. A National Environmental Planning and
Assessment Steering Committee, chaired by the National Planning Commission,
provides guidance and impetus to this coordinating role and to promoting the
involvement of all relevant government agencies.

The first draft of the national guidelines was circulated for review and comment
among all the relevant HMG ministries, departments, HMG commissions, local
NGOs, educational institutions, international donor agencies and local consultation
firms. Comments and suggestions were received from about 250 organisations,
individuals and institutions.

A nine·day workshop was held in March 1991 to finalise the draft National EJA
Guidelines. All Environmental Core Group members who participated in the
September workshop participated in this follow-up workshop. In the second
workshop, 25 sectoral project documents that had been submitted to the NPC for
approval were reviewed, and the draft National EIA Guidelines were tested in a
practical decision-making context. The critical steps of project approval and decision-
making that occur in the NPC and in the sectoral ministries were tested against the
EIA procedures proposed in the draft National Guidelines. Incompatibilities between
the project documents and the draft guidelines were identified. After extensive
discussions, the Core Group members revised some chapters of the draft National EIA
Guidelines to make them practical and applicable to Nepal. During revision sessions,
all comments and suggestions from the various reviewing organisations were also
discussed. Pertinent comments were incorporated into the revised guidelines.

A draft internal NPC working procedure was designed to incorporate the draft
National ELA Guidelines into the existing project approval system. The draft working
procedure was prepared to ensure that environmental considerations, through the
National ElA Guidelines, are reflected in administrative decision-making for project
authorisation. This revised document is the National EIA Guidellnes. These guidelines
were prepared entirely through a participatory process to produce a document suited
to the Nepalese context. The guidelines contain the steps necessary to ensure that
environmental considerations are incorporated in the project planning and
implementation processes and that environmental approaches are adapted to the
existing administrative, institutional and political system of Nepal.

These guidelines were endorsed by His Majesty's Government of Nepal on 27


September 1992 and gazetted on 19 July 1993 in Volume 43, Number 5.

Iv
Introduction

The Environment
The term 'environment' can be defined as all physical, chemical and biological factors
and conditions that influence the existence and development of an organism or a
system of organisms. With man as the principal participant in the system of
organisms, socio-economic, aesthetic and cultural factors become an integral part of
the definition. Components of the environment are intricately related through
dynamic interdependencies. When one component of this relatio nship is changed or
disturbed, the innuence is manifested or felt in other parts of the environmental
system.

Environmental Problems
Environmental problems can be caused by natural events or by man-made decisions
regarding the utilisation of natural resources. Natural disasters such as floods and
earthquakes can rarely be influenced or controlled, but the environmental
consequences of these events can be avoided or minimised by proper planning.
Events such as soiJ erosion, desertification and pollution are usually caused by human
activities. The causes and effects of these events are often well-known and the
resulting problems can usually be avoided through planning and a thorough
consideration of environmental impacts.

There is an interdependency between environmental impacts and other Impacts that


may not seem directly related to the initiating event. For example, an increase in
human population may result in an Increased demand for firewood, which may lead
to deforestation of an area. Deforestation may further cause flooding and subsequent
erosion of valuable top soil. A loss of top soil and fertility of land will ultimately cause
a decline in the agricultural productivity of an area.

Environmental Problems in Nepal


Many of Nepal's environmental problems have resulted from the mismanagement of
natural resources through an uncoordinated development process in which
environmental impacts have not been considered at the project formulation or
feasibility stage. To fulfill the basic needs of a growing population, Nepal is
continuously engaged In Implementing major development projects Cot poverty
alleviation. In all major development activities, Nepal has extensively utilised its
natural resource base. These activities have produced some adverse environmental
impacts, primarily because of mismanagement of resources. As a result, development
projects that have been formulated to overcome poverty, illiteracy, and malnutrition
have subsequently created environmental problems such as epidemics, flooding,
erosion, landslides, and deforestation. These adverse impacts have, in some cases,
negated the objectives of the development project.

v
Environmental Policies in Nepal pr•
an
th1
The consideration of environmental aspects in Nepal's development policies has
im
never been emphasised during the development planning process. Nepal has not
adopted any legislation or administrative instructions addressing environmental
impacts of development projects. The Seventh Five-year Plan was the first to consider
the environment as a distinct componen t in the planning process, and to stipulate
the preparation of an environmental impact assessment (EIA} for all major
development projects. The development of the National Conservation Strategy (NCS)
and its endorsement by His Majesty's Government of Nepal was also achieved during
the Seventh Five-year Plan period. The plans and programmes formulated in the
Seventh Five-year Plan were of great significance to environmental protection in
Nepal. The formulation of concrete environmental policies, endorsement of the NCS In
pt
by the government and initiatives taken by the government towards developing an
appropriate institutional system indicate that Nepal is aware of Its environmental cc
problems and has realised the need to address environmental problems through an pt
e>1
intersectoral approach.
re
Unfortunately, implementation of environmental programmes, such as the ElA policy
stated in the Seventh Five-year Plan, has not been realised to the extent previewed, E
largely due to lack of coordination among sectoral programmes, Insufficient skilled
manpower, a lack of appropriate legislation and funds and, above all, a lack of 11
appropriate institutional arrangement. re
ol
Realising the increasing importance of environmental problems in the country, the ir.
Eighth Five-year Plan anticipates the establishment of a national system for ElA. It p
C(
stipulates EIAs for all major development projects, particularly roads, bydropower,
industry, irrigation, housing, drinking water, and sewerage. The Eighth Five-year Plan fc
makes it mandatory that EIAs be conducted at the stage of feasibility study. w
n
r1
Environmental Impact Assessment fl
ti
In developing countries such as Nepal, there is an increasing realisation that if ii
economic benefits from development is to be sustainable, environmental aspects
must be considered at the initial phase of project planning. The correct choice of
technology in implementing a development activity can minimise the adverse L
environmental impacts of development, enhance the quality of the human and A
natural environment and bring sustained overall benefits.
ii
It is well-known that corrective and remedial actions to solve an environmental ~
problem can cost much more than preventive or prophylactic measures. Further, a
corrective measures implemented to control irreversible damage may not be effective b
in preventing further damage. Therefore, it is imperative that development projects s
be formulated on the basis of environmental soundness. Environmental impact ~
assessment is a planning tool that can be applied to any developmental project to
ameliorate potentially negative environmental impacts by specifying appropriate
mitigation measures.
l l
EIA can be viewed both as a planning tool and as a mechanism for decision-making.
As a planning tool, an EIA presents methodologies and techniques for identifying,

vi
predicting, and evaluating environmental impacts of projects during the formulation
and feasibility stages. The output from the EIA process presents decision-makers with
the information necessary to determine whether or not a project should be
implementedYIA is generally used to

• identify potential environmental impacts;


• analyse the significance of the environmental impacts;
• determine whether the impacts can be mitigated;
• recommend preventive and mitigation measures;
• identify alternatives to the proposed project; and
• recommend whether the proposed project should be implemented . ._,,,/

In a resource-poor country like Nepal where development is a fairly recent


phenomenon, assessing the environmental impacts of proposed projects may seem
costly. However, in the long term, this is not the case. The application of EIA to a
project helps decision-makers to balance the pressure of immediate gain from over-
exploitation of natural resources with the long-term sustainable utilisation of
resources and the protection of human well-being and the environment.

Environmental Impact Assessment in Nepal


The need for EIA was stressed in the Seventh Five-year Plan (1985-1990) which
required preparation of EIA for all major development projects related to the sectors
of tourism, water resources, transportation, urbanisation, agriculture, forestry, and
industry. However, in the absence of national environmental impact assessment
procedures or guidelines, a systematic method for incorporating environmental
considerations in development has yet to be implemented. EIA has been carried out
for some development projects in hydro-power development, irrigation and drinking
water schemes and road construction. These stud1es were not undertaken as a
mandatory requirement of His Majesty's Government of Nepal but rather as a
requirement stipulated by loan and donor agencies. The Eighth Five-year Plan has
reemphasised the need for an EIA system to integrate environmental concerns into
the development process. It is within this system that EIA procedures need to be
Integrated at appropriate stages and on a systematic basis.

Development of a National System for Environmental Impact


Assessment for Nepal
In accordance with the recommendations of the Resource Planning Section of the
National Conservation Strategy, a national system of environmental impact
assessment is being developed. First, National EIA Guidelines will be prepared. The
National Guidelines will establish the overall policy, framework, and format on which
specific sectoral EIA guidelines will be based. These guidelines will ensure that
consistent and technically adequate E!As are prepared for consideration by the
National Planning Commission, HMG ministries and departments, project
proponents and decision-makers. The establishment of a national system of EIA will
flll the gap between policy formulation and programme implementation. The absence
of a national system was the main constraint in translating the plans and policies of
the Seventh Five-year Plan into the actual preparation of EIAs.

vii
Need for EIA
Environmental impact assessment is needed to

• make development projects environmentally sustainable;


• reduce adverse environmental impacts;
• identify environmental impacts on ecologically fragile landscapes before
development projects;
• assess the effects of development pressures on the natural resource base as
well as on the sociocultural aspect;
• reduce the overall environmental and economic costs of projects; and
• optimise project benefits.

What is EIA?
EIA is a management tool for studying and evaluating potential environmental
consequences of proposed development projects in order to

• identify beneficial and adverse environmental impacts;


• examine the significance of the environmental implications;
• assess whether adverse impacts can be mitigated;
• recommend preventive and mitigation measures;
• advise whether proposed development projects should proceed;
• inform decision-makers and interested parties about the environmental
implications of projects; and
• provide information for decision-makers to determine whether a project
should be implemented and in what form.

viii
Contents

Preface ill

Introduction v

Chapter I: Preliminary
1. Short Title, Extent and Commencement .................................... 1
2. Definitions ................................................................................... 1

Chapter II: Objectives and Uses of Guidelines


3. Objectives .................................................................................... 2
4. Uses of the Guidelines ................................................................. 2
5. Conditions Under which Guidelines should be Used ................ 2
6. Environmental Impact Assessment to be Conducted ................. 2

Chapter Ill: Project Screening and Initial Environmental Examination


7. Need for Project Screening .......................................................... 3
8. Project Screening Criteria ............................................................ 3
9. Initial Environmental Examjnation ............................................ 4
10. Matters to be Considered while Undertaking
Initial Environmental Examination ............................................ 4
11. Responsibility for Project Screening and
Initial Environmental Examination ............................................ 4
12. Appropriate time for Project Screening
and Initial Environmental Examination ..................................... 4

Chapter IV: Scoping for Envi.ronmental Impact Assessment


13. Scoping ........................................................................................ 4
14. Methods of Scoping for Environmental Impact Assessment ...... S
15. Agencies Responsible for Scoping ............................................... 6
16. Appropriate Time for Scoping ..................................................... 6

Chapter V: Preparation of Terms of Reference for


Environmental Impact Assessment
17. Terms of Reference for Environmental Impact Assessment ....... 7
18. Format of Terms of Reference ...................................................... 7

Chapter VI: Environmental Impact Assessm ent Report


19. Environmental Impact Assessment Report ................................. 7

ix
20. Format of Environmental Impact Assessment Report ................ 7
21. Annexes to Environmental Impact Assessment Report .............. 7

Chapter VII: Identification of Environmental Impact


22. Objectives .................................................................................... 8
23. Types of EnvironmentaJ Impact .................................................. 8
24. Methods of Impact Identification and Comparison ................... 9
25. Impact Predication .................................................................... 10
26. Impact Ranking Methodology .................................................. 11

Chapter VIII: Impact Mitigation Measures


27. Environmental Impact Mitigation Measures ............................ 11

Chapter IX: Review of Draft Environmental Impact Assessment Report


28. Release for Public Review .......................................... ................. 12
29. Objectives .................................................................................. 12
30. Review Parameters ..................................................................... 13
31. Agencies Responsible for Environmental Impact Assessment
Review ................................................................................ ........ 14

Chapter X: Environmental Impact Monitoring


32. Need for Monitoring .................................................................. 14
33. Principles of Monitoring ........................................................... 14
34. Types of Monitoring .................................................................. 14
35. Regular Monitoring ................................................................... 15
36. Intensity of Monitoring ............................................................ 15
37. Selection of Impact Indicators .................................................. .15
38. Institutional Aspects .................................................................. 15

Chapter XI: Evaluation of Environmental Impact Studies


39. Introduction .............................................................................. 16
40. Determinants of Effective Evaluation ........................................ 16
41. Evaluation Parameters ............................................................... 17

Chapter Xfl: Environmental Impact Audltlng


42. Environmental Impact Auditing ............................................... 17
43. Types of Auditing ....................................................................... 18
44. Impact Auditing Agency and Timing ........................................ 18

Chapter XIII: Community Participation


45. Community Participation ......................................................... 19

x
46. Benefits of Community Participation ....................................... 19
47. Time for Community Participation ........................................... 19
48. Individuals, Groups and Agencies to be Involved .................... 19
49. Methods to Involve the Public .................................................. 19
50. Responsibility in Involving the Public ...................................... 20

Schedule 1: Projects Requiring lnltlal ................................................ 21


Environmental Examination Report

Schedule 2: Projects Requiring ............................................................ 23


Environmental Impact Assessment

Schedule 3: Environmental lrnpact Assessment ................................ 25


Based on Project Sites

Schedule 4: Format of Terms of Reference .......................................... 26

Schedule 5: Environmental lrnpact Assessment ................................ 28


Report Format

Schedule 6: Format of Environmental Impact ................................... 30


Assessment Report Annexes

Annex ................................................................................................. 31

xi
His Majesty's Government
National Planning Commission Secretariat

NOTICE*

National Environmental Impact Assessment Guidelines, 1993

WHEREAS it is expedient to assess the environmental impacts likely to be caused by a


project, and promote its positive impacts and mitigate or eliminate adverse impacts
by undertaking preventive and other effective measures after integrating the
environmental impacts in the planning cycle of all the projects to be initiated in the
Kingdom of Nepal, prior to their initiation, so as to make the economic benefits from
development projects sustainable,

NOW THEREFORE, His Majesty's Government has framed the following guidelines:

Chapter I
Preliminary

1. Short Title, Extent and Commencement: {I) These guidelines shall be called
"National Environmental Impact Assessment Guidelines, 1993".
(2) These guidelines shall come into force immediately.

2. Definitions: Unless contrary intentions appear, in these guidelines:


(a) "Guidelines• means the Environmental Impact Assessment
Guidelines, 1993.
(b) "Project" means project concerning establishment of industries and
development construction activities proposed to be initiated In the
Kingdom of Nepal.
(c) "Proponent• means the individual or organisation proposing to
initiate a project.
(d) "Impact Mitigation Measures" means measures to be adopted to
minimise or completely remove adverse impacts and to enhance
positive impacts on environment.
(e) "Screening" means action undertaken to determine whether or not
environmental impact assessment is necessary.

• Unofficial translation of National Environmental Impact Assessment Guidelines published In


Nepal Rajpatra (Gazette) Volume 43, Number 5, 19 July 1993.
NATIONAL ENVIRONMENTAL IMPACT ~SESSMENT GUIDELINES, 1993

Chapter II
Objectives and Uses of Guidelines

3. Objectives: The objectives of the guidelines are as follows: 7. r


(a) Assist in the assessment of impacts likely to be caused on the
environment by implementation of the project.
(b) Facilitate to optimise the benefits of development without degrading
environmental quality, the natural resource base and the cultural
heritage of the society.
(c) Help to discover protective and preventive measures to femove
adverse impacts likely to be caused on the environment by
implementation of the project.
(d) Facilitate to integrate environmental considerations into project
planning cycle.
(e) Provide information to decision-makers to determine whether or not
the proposed project is to be implemented from an environmental
perspective and what mode should be adopted to Implement the
proposed project.
8.
4. Uses of the Guidelines: The following organisations or individuals shall use the
guidelines:
(a) Proponents.
(b) National Planning Commission Secretariat.
(c) Line ministries and departments.
(d) Consultants involved in environmental impact assessment.
(e) Project implementors.
(f) Environmentally concerned interest groups and the general public.

5. Conditions Under which Guidelines Should be Used: In case of a project, the


guidelines must be used in the following stages:
(a) In the course of a pre-feasibility study.
(b) In the course of a feasibility study.
(c) Before undertaking an environmental impact assessment study.
(d) While reviewing environmental impact assessment report.
(e) At all decision-making points in the project cycle.
(f) In the course of environmental monitoring.
(g) At the post-auditing stage.

6. Environmental Impact Assessment to be Conducted: Before implementing a


project, the impact likely to be caused on the environment by the project shall be
assessed after conducting necessary studies of the impact.

2
NATIONAL ENVIRONMENTAL IMPACT ASSESSMENT GUIDELINES, 1993

Chapter Ill
Project Screening and Initial Environmental Exaniir.1atlon

7. Need for Project Screening: (1) Screening of a project is imperative to determine


whether environmental impact assessment is necessary for a project.
(2) Screening undertaken pursuant to sub-section (1) shall facilitate the
following:
(a) Save time and money.
(b) Inform about the need and scale of the project.
(c) Immediately identify environmental issues of major concern.
(d) Determine whether an environmental impact assessment study
needs to be conducted.
(3) The screening process shall divide the project proposals into the foJlowing
categories:
(a) Clearly requiring an environmental impact assessment.
(b) Not requiring an environmental impact assessment. ·
(c) The need for an environmental impact assessment is not clear.

8. Project Screening Criteria: (1) Jn the course of project screening, it shall be


determined whether or not environmental impact assessment is necessary
generally based upon indicators such as prescribed parameters, financial
threshold and sensitive area:
(a) Uthe project land requirement is determined as being large in
comparison to the scale of the surrounding environment.
(b) If the affected area extends beyond the immediate locality and is
likely to cause adverse impact on the population outside the project
area.
(c) If the project's construction is highly visible and disrupts aesthetic
~~ .
(d) lf the project requires high capital investment and costly land.
(e) If expensive machinery and processing plants are required for the
project.
(f) As it is possible that a small scale project may cause serious impact
on the environment while a large scale project may not cause
significant impact, due attention must be paid to var_ious factors
other than those mentioned in clauses (a), (b), (c), (d) and (e) while
making environmental impact assessments for projects.
(2) An initial environmental examination report must be prepared for those
projects which may cause significant impact on environment, whose impact may
be known easily and for which mitigation measures may be discovered easily, as
mentioned in Schedule 1.
(3) An environmental impact assessment report must be prepared for the
proposed projects mentioned in Schedule 2.
(4) Apart from projects mentioned in sub-section (1), environmental impact
assessment must also be made on tl1e basis of project areas, as mentioned in
l
Schedule 3. :1-
But, an environmental impact assessment shaU not be required for projects
which fall within areas mentioned in Schedule 3 if exempted by the prevailing
~ ~

3
NATIONAL ENVIRONMENTAL IMPACT ASSESSMENT GUIDELINES, 1993

9. Initial Environmental Examination: In cases where it has not been ascertained


whether environmental impact assessment for a project is necessary, initial
environmental examination shall be conducted to determine whether the project
may cause significant impact on the environment and whether such impact may
be removed by adopting appropriate measures.
However, in case initial environmental examination is sufficient to provide
definite solutions to identified environmental problems likely to appear by the
implementation of the project, an environmental impact assessment shall not be
necessary. 14.

10. Matters to be Considered while Undertaking Initial Environmental


Examination: (1) During the initial environmental examination it is necessary to
prepare a short list describing various activities to be adopted in the course of
project implementation and the natural resources which will be affected by the
concerned project.
(2) The activities described in sub-section (1) include location of the project,
necessity of means and resources, production of solid wastes, relevant policy,
rules, guidelines and so forth.

11. Responsibility for Project Screening and Initial Environmental Examination:


The National Planning Commission Secretariat, concerned line ministries and
departments, and the project proponents shall be responsible for project
screening and initial environmental examination.

12. Appropriate Time for Project Screening and Initial Environmental


Examination: Project screening and initial environmental examination should
be usually undertaken during the pre-feasibility stage of a project.

Chapter IV
Scoping for Environmental Impact Assessment

13. Scoping: (1) After completing the work for project screening, scoping shall be
undertaken with the aim of discovering the alternatives to the proposed activities
of the project identified as having potentially significant impacts on the
environment, selecting appropriate alternatives, and determining the issues to be
considered during the environmental impact assessment.
(2) Scoping for environmental impact assessment shall be conducted to
attain the following objectives:
(a) Identify the issues and relevant aspects to be considered for
environmental impact assessment.
(b) Ensure contextual relevance of environmental impact assessment.
(c) Enable agencies responsible for an environmental impact assessment
study to properly brief the study team on the alternatives and on
Impact to be considered at different levels of analysis.
(d) Determine evaluation procedures to be adopted in the course of
environmental impact assessment.
(e) Find out all the aspects likely to be affected by the project.

4
NATIONAL ENVIRONMENTAL IMPACT ASSESSME!"f GUIDELINES, 1993

(f) Provide an opportunlty for public involvement in determining the


factors to be assessed.
(g) Facilitate early agreement on contentious issues.
(h) Save time and money.
(i) Prepare terms of reference for environmental impact assessment.
(3) Scoping for environmental impact assessment should be done
continuously during the project planning and designing phases as required.

14. Methods of Scoping for Environmental Impact Assessment: While scoping for
environmental impact assessment, attention should be paid particularly to the
following subjects:
(a) Making a Plan for Public Involvement: Public involvement and
communication plans are the most important tools for assisting a
scoping exercise. As the main purpose of scoping in the early stage
of project planning is to clearly define all the communities and
agencies which should be allowed to influence decisions relating to
the proposal, the plan should determine the persons to be involved
for discussions and when and how the communication exercise is to
be undertaken. For this, consent must be obtained from the
concerned authorities and government agencies. While formulating
a plan for public involvement, the proponent, concerned experts,
local people to be affected by the project, and the special interest
groups should be included in the list of contact persons. In order to
involve the affected group under this process and to collect
necessary information, the following procedures should be partially
or fully adopted:
(1) Collect suggestions in writing from the relevant government
agencies and the public.
(2) Hold community meetings and collect suggestions from the
general public.
(3) Conduct preliminary field study or observation of the project
site.
(4) Arrange workshops or seminars.
(5) Establish an intersectoral task force.
(b) Collecting Relevant Data and Information: At this stage, data and
information pertinent to the nature of the project should be
collected and a preliminary list of potential environmental impacts
and practical alternatives should be prepared. For detailed
information of the proposed project, necessary maps, drawings and
other relevant materials should also be attached. Such basic
Information and data help to formulate appropriate mitigation
measures and form a basis for further discussion about the impact.
(c) Providing Necessary Notification and Information to the People
Likely to be Affected by the Project: The data and information
collected pursuant to clause (b) should be refined and forwarded by
the concerned project proponent to the relevant persons and
organisations for necessary comments. For larger projects,
suggestions and comments must be obtained by publishing public
notices and holding meetings at project sites and central levels.
Those people likely to be affected by the proposed project must be
notified directly. Immense effort must be made to make the
concerned public more active and responsible in collecting verbal

5
NATlONAl ENVIRONMENTAL IMPACT ASSESSMENT GUIDELINES, 1993

and written reactions about the concerned project from the local
residents.
(d) Identifying Major Issues of Public Concern: A comprehensive list
should be prepared by compiling all issues raised by the affected
party in connection with the process of scoping of the study. Each
issue must be catagorised and no issue should be ignored or
discarded while making the list. 17.
(e) Evaluating the Seriousness of the Issues on the Basis ofAvailable
ltifonnation: After having identified the major issues and classified
them under different categories, their validity should be evaluated •
from a technical perspective. If certain questions of technical nature
remain unresolved, a discussion panel or workshop should be
arranged at an appropriate venue to resolve the problems.
(f) Establishing Priorities for Environmental Impact Assessment : The
issues classified under different categories pursuant to clause (d}
must be analysed in detail and the key issues relevant to the project
should be arranged in order of priority after separating those issues
which may be resolved immediately and those which have no
relevance to the proposed project.
(g) Developing a Strategy for Addressing Priority Issues: After adopting
appropriate alternatives or other mitigation measures for the
prioritised issues relevant to the project pursuant to clause (f), those
issues which may be resolved immediately must be dropped from
the list and a term of reference should be prepared in order to define
guidelines for further study, if further study is necessary, to resolve
the remaining issues. The information required for environmental
impact assessment depends upon the type, level and magnitude of
the project concerned.

15. Agencies Responsible for Scoping: (1) The responsibility of scoping for
environmental impact assessment shall be vested in the relevant authorising
agency which may get the job done through the project proponent after
providing necessary guidelines for scoping.
(2) While conducting the scoping exercise for environmental impact
assessment, the concerned agencies of His Majesty's Government associated with
development works such as public works, forest, agriculture, livestock, water
resources, health, along with relevant donor agencies and key local personalities,
politicians, teachers, women, students, farmers, etc., must also be involved.
(3) Scoping for environmental impact assessment should be an open exercise
with wide public involvement. It should also involve review agencies and
representatives of agencies associated with development projects.

16. Appropriate Time for Scoping: Scoping for environmental Impact assessment
shall be carried out at an initial stage of project planning after completion of the
project screening. The appropriate time for scoping for environmental Jmpact
assessment should be at the pre-feaslblllty stage of the project cycle.

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NATIONAL ENVIRONMENTAi. iMPACT ASSESSMENT GUIDELINES, 1993

ChapterV
Preparation of Terms of Reference for Environmental Impact
Assessment

17. Terms of Reference for Environmental Impact Assessment: (1) Generally, the
tenns of reference for environmental impact assessment shall be prepared on the
basis of the scoping exercise.
(2) If environmental impact assessment is deemed necessary in the process of
the screening exercise, the terms of reference must be prepared for the following
activities to provide specific guidelines for environmental impact assessment:
(a) Systematise the working procedure.
(b) Delineate major activities to be implemented.
(c) Fit environmental impact assessment with existing policy, rules and
administrative procedures.
(d) Accomplish the job within a specified time limit.
(e) Give special emphasis to then most significant aspects of the study.
(f) Provide technical guidance relating to main aspects of the
environment which require delineation in the course of study.

Format of Terms of Reference: The terms of reference shall be prepared in the


format prescribed in Schedule 4.

Chapter VI
Environmental Impact Assessment Report

Environmental Impact Assessment Report: (1) Upon completion of the


environmental impact assessment exercise of a project requiring environmental
impact assessment, the project proponent must prepare an environmental impact
assessment report taking the following points into consideration:
(a) The report must be concise.
(b) Adequate attention must be paid to significant environmental issues
and impact.
(c) The extent and depth of impact analysis must commensurate with
the nature of potential impact.
{d) Due importance must be paid to the responsibilities of target users
such as project proponent, designers and decision-makers.
(2) Expenses to be incurred for the preparation of the environmental impact
assessment report shall be borne by the project proponent.

Fonnat of Environmental Impact Assessment Report: The environmental


impact assessment report must be prepared in the format prescribed in Schedule
s.
Annexes to Environmental Impact Assessment Report: Annexes containing
Information relevant to the concerned project operation and project area should
be attached to the environmental impact assessment report. AJI materials and

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NATIONAL ENVIRONMENTAL IMPACT ASSESSMENT GUIDWNES, 1993

information used in the course of preparing the environmental impact


assessment report should be included in Annexes. Annexes may be attached with
the main report as its component or may be presented under a separate volume.
The information and materials to be included In Annexes shall be as prescribed in
Schedule 6.

Chapter VII
Identification of Environmental Impact

22. Objectives: Any economic development project has some environmental


implication, whether beneficial or adverse. Therefore, it is essential to identify
changes apparent in the environmental condition along with favourable o r
adverse impacts resulting from activities associated with the concerned project.
The exercise of Impact identification must start at the initial stage of studying
data and information relevant to the concerned project and surrounding
environment.

23. Types of Environmental Impact: (1) In connection with the process of


environmental impact assessment, attention must be paid to the following
impacts categories:
(a) Socioeconomic Impact: A study of socioeconomic impacts of the
concerned project should be conducted to examine the activities
that would bring about changes to the existing economic and social
conditions of the communities within the project area or its vicinity.
The socioeconomic impacts may be beneficial or adverse.
(b) Biological and Physiochemical Impact: Impacts under this category
relate to effects on biophysical resources like vegetation, wildlife,
crops and aquatic life. The changes caused in soil and land form, soil
erosion, flood, and sedimentation are known as physical impacts.
The chemical changes caused in air, water and soil quality by project
activities are known as chemical impacts.
(c) Cultural Impact Attention should be paid to the impacts likely to
be caused on cultural heritage by project activities. Areas of study
should include historical and religious sites and traditional practices
likely to be affected by project activities.
(2) Environmental impacts mentioned in sub-section (1) may be categorised
as direct, indirect or cumulative as follows:
(a) Direct Impact: Direct impact refers to a direct alteration in the
existing environmental condition as a consequence of project
activity.
(b) Indirect Impact: Indirect impact results when one component of the
environment has repercussions on other related components. A
direct impact can have long-term effects, producing numerous
indirect impacts, depending on the structure and function of the
particular system being stressed by development activities.
(c) CumulaHve Impact: Environmental impact caused by a single
activity may not be significant. However, a series of similar types of
impacts created by more than one project or the combined effect of

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NATIONAL ENVlRONMENTAl IMPACT ASSESSMENT GUIDELINES, 1993

several impacts created by one project may be significant. As a result,


an ecosystem may be dramatically affected by such cumulative
impacts. Therefore it is necessary to pay special attention to
l cumulative impacts likely to be caused by those projects sharing
mutual resources and affecting a particular area.

24. Methods of Impact Identification and Comparison: (1) The techniques and
procedures to be adopted for environmental impact assessment may vary from
one project to another. Some projects cause impact of greater intensity on the
environment while other projects cause impact of lesser intensity. Similarly, the
impacts of some projects are beneficial while others are harmful. Therefore,
decision-makers should consider these factors seriously before making decisions
about a project. The following methods may be adopted for impact identification
and comparison:
(a) Checklist Method:
1. This method starts with the preparation of a list of
environmental, social and economic factors which may be
affected by the concerned project. Methods ranging from the
simple to the complex may be adopted while preparing such a
list.
2. One of the most effective and widely used methods combines a
checklist with threshold of concern. A checklist of
environmental resources is usually compared against a threshold
of concern value. Any impact that exceeds the threshold of
concern value is considered to be significant. Threshold values
are generally available as a standard for the resources concerned.
Significance of the impact is determined by comparing impact
rating and threshold of concern.
3. A simple checklist is basically a summary of the range of
environmental Impact and should start with listing potential
impact areas. The next step is to assess the character and nature
of the impacts. This should usually be accomplished by using
descriptive terms such as adverse or beneficial, short term or
long term, insignificant or significant effect, etc.
(b) Matrix Method:
1. Among different methods adopted to display interrelations
between project components or activities and potentially
affected environment, the matrix method is the most familiar
and widely used technique. A matrix is developed by combining
a checklist of development actions and a checklist of
environmental components within a two dimensional matrix
through which the potential impacts can be identified. This is
also referred to as an interaction matrix. The likelihood of
impacts by each development component on each
environmental component should be marked in an interaction
cell with a predetermined sign. The result is an identification of
potential impacts. At this stage of identification the type of
impact is not categorised as direct or indirect, but the completed
matrix clearly shows the impacts and provides Initial guidance
for extensive study.
2. Another matrix method depicts in detail those resources likely
to be affected by project activities. It clearly Identifies potential

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NATIONAL ENVIRONMENTAL IMPACT ASSESSMENT GUIOEUNES, 1993

impact areas, predicts impact severity, specifies corresponding


mitigation measures, and helps identify agencies responsible for
implementing mitigation measures. This type of matrix is
simple, covers all aspects and provides a complete
environmental impact assessment overview In summary form
which can provide easy and dear guidance for decision-makers.
(c) Network Method:
The network method Is an expanded form of matrix method and it
reflects the interrelationship between cause, condition and effect. It
allows for identification of cumulative as well as primary, secondary
and tertiary Impacts. This method may also be described as an
"Impact Tree•. Since the environmental impacts are generally
complex, the network approach is quite useful for studying such
impacts. Each project activity causes one or more changes within the
existing environment which, in tum, produces one or more
subsequent changes.

25. Impact Prediction: (1) The next step after Impact identification is to predict the
magnitude, extent and dwation of the Impact. The prediction of impact caused
by the implementation of certain development activities should be made on the
basis of available baseline data on environmental conditions. Such anticipated
changes or impacts should be described in quantitative or qualltative terms. For
predicting the environmental impact, at least the following must be undertaken:
(a) Determine the initial or basic environmental condition.
(b) Predict the future environmental condition in case the concerned
project is not implemented.
(c) Estimate the future environmental condition in case the concerned
project is implemented.
(2) In the process of impact prediction, special attention must be paid to the
following aspects:
(a) Magnitude of Impact: The magnitude of impact is determined on
the basis of each potential impact's severity. It also indicates whether
or not the impact is reversible. If the impacts are reversible, it
indicates the potential rate of recovery. The magnitude of impact is
considered to be serious if a major adverse impact cannot be
mitigated. A major adverse impact would affect the potential
subsistence, recreational and commercial use of biophysical
resources, with the result that the value of resources would be
reduced far below publicly acceptable level. Moderate to minor
unmitigated impacts of a similar nature would make the resources
still usable but at some inconvenience to the public.
(b) Extent of Impact: The spatial extent or the zone of influence of the
impact should always be determined. The extent of an impact may
be confined to the project site or area. If the impacts of the proposed
project is limited to the watershed alone, it is called a local Impact.
An impact are considered to be of regional level if it extends beyond
the watershed. Similarly, if the resources are affected at national
scale, it Is known as a national impact.
(c) Duration of Impact: As environmental Impacts have a temporal
dimension, they should be discovered through an environmental
impact assessment. Impacts arising at different phases of the project
cyde need to be appropriately considered. Generally, an impact that

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NATIONAL ENVIRONMENTAi. iMPACT ASS~SMENT GUIDELINES, 1993

lasts for only 3 years after project initiation may be classified as short
term; an impact that continues for more than 3 years but less than
20 years may be considered as medium term; and an impact that
lasts beyond 20 years is considered to be long term. The types of
Impact produced during different phases of construction of a project
are generally of a temporary nature.

26. Impact Ranking Methodology: (1) In order to compare the relative


environmental Impacts of a project, an assessment framework relevant to the
concerned project must be prepared. The framework should ascertain the
magnitude, extent and duration of the types of impact associated with the
project.
(2) NormaUy a numerical scale should be developed in order to provide a
qualitative assessment of various types of predicted impacts. The following
ranking methodology is found to be used in many studies:

Magnitude Extent Duration

High/Major 60 Regional 60 Long Term 20


Moderate 20 Local 20 Medium Term 10
Minor 10 Site Specific 10 Short Term OS

A sum of the impact values for magnitude, extent, duration provides a maximum
of 140 and a minimum of 25.
(3) This type of ranking methodology is useful for comparing different
project alternatives. The impact values or scores for each of the alternatives are
summed up and multiplied by the probability of occurrence of the particular
impact. The final impact scores for all alternatives can then be compared and the
highest value corresponds to the greatest potential for environmental impact.

Chapter VIII
Impact Mitigation Measures

Environmental Impact Mitigation Measures: Impact mitigation measures must


be adopted with the objective of reducing and removing undesirable impacts and
maximising project benefits. The following measures, which are appropriate and
relevant to most development projects, must be adopted:
(a) Consideration of Alternatives: (1) Consideration of alternatives to a
proposed project is one of the key functions of environment impact
assessment. Environmental impact assessment examines alternative
ways to achieve the objectives of the proposed project. Its objective
should be to reach a point at which the benefits are maximised and
the undesirable impacts minimised. The proposal of a development
project must consider the alternatives of the following aspects:
(1) scale
(2) technology
(3) location

11
NATIONAi. ENVIRONMENt;Al IMPACT ASSESSMENT GUIOWNES, 1993

(4) fuel
(5) mitigation measures
(6) raw materials
(7) design
(8) time schedule
(9) economic aspects
(2) A comparative study of adverse impacts and benefits of the project must
also be included, taking into consideration the alternative of totally abandoning
the project.
(b) Adoption of Compensatory Measures: Compensatory measures are
actions which are undertaken to compensate for unavoidable or
adverse impacts. Compensatory measures must specifically include
the following activities:
(1) Restoration of damaged natural resources,
(2) rehabilitation of displaced settlements, and
(3) compensation to affected persons.
(c) Adoption of Co"ective Measures: Corrective measures should be
adopted to reduce adverse impacts to acceptable levels. The
following corrective measures must be adopted while implementing
the project:
(1) Installation of pollution control devices,
(2) construction of polluted water treatment plants, and
(3) construction of fish ladders in dams and weirs.
(d) Adoption of Preventive Measures: Some impacts of serious nature
may be reduced or eliminated before their occurrence by adopting
preventive measures. Preventive measures are as follows:
(1) Implementation of health education programme, and
(2) initiation of public awareness programme.
(e) Implementation of Mitigation Measures: As implementation of
mitigation measures requires funding, a statement of estimated
expenditure must be included in the environmental impact
assessment report. All proposed mitigation measures must be
integrated in the project design so that these measures may
automatically form a part of the construction and operational
phases of the project. This is a more cost-effective approach than
adding mitigation measures to an existing project.

Chapter IX
Review of Draft Environmental Impact Assessment Report

28. Release for Public Review : A draft environmental impact assessment report must
be released for public review and comments. The review of the draft
environmental impact assessment report and the comments received should be
made available for review by the project proponent, along with non-government
organisations, agencies, independent institutions and concerned public.

29. Objectives: The report review must attain the following objectives:

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NATIONAL ENVIRONMENTAL IMPACT ASSESSMENT GUIDELINES, 1993

(a) Whether the draft environmental impact assessment report complies


with the terms of reference presented at the beginning of the study.
(b) Whether the draft report is in concurrence with the National
Environmental Impact Assessment Guidelines.
tc) Whether the draft report addresses the key environmental issues
which need to be finalised prior to making a decision.
{d) Whether the report results are scientifically and technically sound
and coherently organised so as to be understood by decision-makers
and the public in general.
(e) Whether the study identifies all significant adverse environmental
impacts likely to arise through project implementation with
mitigation measures for each impact.
(f) Whether the methodology adopted, techniques applied,
assumptions made and limitations faced during the course of study
have been fully described.
(g) Whether reasonable alternatives have been suggested to the
proposed action.
(h) Whether the sources of information cited in the report are relevant.

30. Review Parameters: The following parameters must be carefully checked while
reviewing the environmental impact assessment report:
(a) Impact Identification:
(1) Whether the project has any impact on an environmentally
sensitive area.
(2) Whether there is a clear statement of significant beneficial and
adverse impacts.
(3) Whether the probable risks likely to be caused by the impacts
have been evaluated.
(4) Whether attention has been paid to off-site effects, trans-
boundary effects and the possible time lag before effects are
manifested.
(b) Mitigation Measures:
(1) Whether mitigation measures have been proposed and
alternative sites considered.
(2) Whether experiences from previous similar projects nave been
incorporated into the environmental impact assessment.
(3) Whether adequate attention has been paid to compensate for
loss or damage of property or to the provision of resettlement.
(c) Working Procedures:
(1) Whether the environmental impact assessment working
procedures conform to relevant laws and national and sectoral
guidelines and regulations.
(2) In which phase of decision-making the environmental impact
assessment has been included.
(3) How the beneficial and adverse impacts of the project have been
integrated into the economic analysis of the project.
(4) Whether the scoping procedure was satisfactory.
(d) Implementation:
(1) Whether the institutional arrangements for implementing the
recommended mitigation measures are satisfactory.

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NATIONAl ENVIRONMENTAl IMPACT ASSESSMENT GUIDELINES, 1993

(2) Whether the agency responsible for impact monitoring and


environmental standard enforcement programme has been
specified in the environmental impact assessment report.
(3) Whether the expenditures to be incurred while undertaking
environmental protection measures have been estimated and
whether financial and technical capability and resources
required to implement these measures are available.

31. Agencies Responsible for Environmental Impact Assessment Review: (1) The
draft environmental impact assessment report must be reviewed by the following
agencies:
(a) Project proponent.
(b) National Planning Commission, Environment Division.
(c) Line ministries/departments associated with the project.
(d) Non-government organisations and representatives from the
affected population.
(2) The project proponent must collect comments and suggestions from the
reviewers and get the report 1evised by environmental impact assessment study
team.

Chapter X
Environmental Impact Monitoring

32. Need for Monitoring: Envi1onmental impact monitoring must be conducted to


fulfill the following objectives:
(a) Ensure that the impact does not exceed legal standards.
(b) Check the implementation of mitigation measures to see whether it
is in conformity with the environmental impact assessment report.
(c) Provide timely warning of potentiaJ envimnmental damage.

33. Principles of Monitoring: To improve the implementation of mitigation


measures, the following activities must be undertaken in the process of
environmental impact monitoring:
(a) Determine carefully the indicators to be used in the process of
monitoring.
(b) Collect important and relevant information.
(c) Apply measurable criteria with regard to prescribed indicators.
(d) Conduct objective analysis of the information collected.
(e) Work out clear conclusions based on objective analysis and
processed Information.
(f) Make rational decisions based on the conclusions drawn pursuant to
clauses (a) to (e).
(g) Recommend improved mitigation measures to the implementing
agencies.

34. Types of Monitoring: Environmental impact monitoring should be conducted at


different stages as follows:
(a) Baseline monitoring: Prior to the initiation of construction activities
for the proposed project, surveys should be conducted of

14
NATIONAL ENVIRONMENTAi. IMPACT ASSESSMENT CUIDEUNES, 1993

construction site and basic environmental parameters of the


surrounding areas. This would help subsequent monitoring to
identify changes in those parameters compared to the baseline.
(b) Impact monitoring: The ecological, social and economic, and public
health parameters within the project area must be measured during
the project construction and operation phases in order to detect
environmental changes which may have occurred as a result of
project implementation.
(c) Compliance monitoring: This type of monitoring employs periodic
sampling or continuous recording of specific environmental quality
indicators or pollution levels to ensure project compliance with
recommended environmental protection standards.

Regular Monitoring: The environmental impact must be monitored regularly tc


obtain necessary data and information in order to draw accurate conclusions
concerning the impact of the project. Environmental impact monitoring provides
information required to ensure that project implementation has the least possible
adverse environmental impact on the people and environment of the area
concerned.

Intensity of Monitoring: (1) In order to make the environmental impact


monitoring a success as anticipated, it should be granted proper importance in
the project cycle.
(2) A selection or scoping should specially be made of the most important
and critical parameters that could influence the project and its surrounding
environment.
(3) The extent to which monitoring ought to be intensified should be
determined on the basis of potential severity of the environmental impact.

7. Selection of lmpact Indicators: Environmental impact monitoring should not


be limited to only a few programme components. Therefore, while determining
the impact indicators, it is necessary to ensure that all programme components
are covered by monitoring. If some programme components are potentially more
significant than others in causing adverse environmental impact, emphasis
should be given to monitor the selected indicators for these significant
components.

Institutional Aspects: (1) As effectiveness of monitoring depends upon


lnstitutio~spects, these aspects should not be ignored. Agencies responsible
for the monitoring process must be firmly committed, particularly with regard to
the following :
(a) Willingness on the part of the institutions and personnel involved
to support the monitoring process with the necessary level of
resources and ability.
(b) Maintaining continuity of the monitoring process.
(c) Developing technical capabilities of the personnel involved in
monitoring.
(d) Maintaining the integrity and honesty of the monitoring process.
(e) Making decisions only after a thorough review of results.
(t) Making the information obtained from monitoring available to all
agencies concerned.

15
NATIONAL ENVIRONMENTAi. iMPACT ASSESSMENT GUIDELINES, 1993

(g) Making necessary institutional reforms in the planning and


implementing agencies and related organisations.
(2) The responsibility of environmental impact assessment monitoring
should be given to the National Planning Commission and to the sections
responsible for plan formulation under the regional and district level agencies of
His Majesty's Government.
(3) The reporting structure of environmental impact assessment monitoring
depends upon the nature of the project and analysis undertaken by the agencies
concerned. The information should be organised in a well-developed format and
presented in regular reports allowing for easy presentation for decision-making
and review meetings.
(4) The concerned agencies should oversee enforcement of the decisions
taken at the review meeting. If decisions are not implemented by the responsible
agencies, legal measures should also be adopted to guarantee proper
implementation.

Chapter XI
Evaluation of Environmental Impact Studies

39. Introduction: (1) Environmental impact assessment evaluation is a continuous


process through which project impact can be assessed objectively. Environmental
impact assessment evaluation is primarily employed to assess the performance of
environmental protection programmes undertaken by responsible public or
private sector agencies. Environmental impact assessment evaluation determines
if mitigation measures adopted by implementing agencies have been
implemented according to the requirements of the environmental impact
assessment report.
(2) Monitoring and evaluation are two complementary processes of the
environmental impact assessment study. Information generated from
environmental impact assessment monitoring can provide a reliable source of
information for the evaluation process. Similarly, evaluation results can serve as a
basis to improve the environmental impact assessment monitoring system.
Evaluation can indicate whether environmental impact '3Ssessment monitoring
was properly implemented.
(3) Environmental impact assessment evaluation is intrinsic to the
environmental planning and management process. Special attention should be
paid to monitoring as unless evaluation results are available on a regular basis,
necessary information on the status of programme implementation cannot be
generated for the regular review meetings held at key decision-making points in
the environmental impact assessment process.
(4) Environmental impact assessment evaluation and results are necessary if
mitigation measures are to be effectively maintained and revised when necessary.
Environmental impact assessment evaluation is essential to strengthen
environmental impact assessment implementation on a nationwide level, and
thus special attention must be paid to it.

40. Determinants of Effective Evaluation: The data obtained from monitoring must
be analysed in order to determine the actual impact of project implementation
against impact predictions made at the time of environmental impact assessment

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NATIONAi. ENVIRONMENTAL IMPACT ASSESSMENT GUIDELINES, 1993

preparation. These analyses indicate whether new or revised remedial measures


are necessary. The success of evaluation depends, besides others, upon the
following:
(a) Methodology adopted for the environmental impact assessment
evaluation work.
(b) Completeness and goal-orientation of the environmental impact
assessment evaluation work.
(c) Tools used for analysis.
(d) Commitment of the responsible agencies (environmental impact
assessment evaluation group).
(e) Authority given to the environment divisions of different ministries
of His Majesty's Government in order to influence the implementing
agencies.
(f) Willingness and ability of implementing agencies to mitigate
adverse impacts.

Evaluation Parameters: (1) In the process of evaluation, indicators derived Crom


important project parameters should be checked on a regular basis. These
parameters include the following:
(a) Environmental issues raised in the environmental impact assessment
report.
(b) Areas of actual environmental impact.
(c) Areas of unanticipated environmental impact.
(d) Adequacy of suggested mitigation measures.
(e) Adequacy of resource allocation for implementing mitigation
measures.
(f) Involvement of appropriate authorities.
(g) Cost-benefit of environmental mitigations.
(h) Adequacy of project implementation monitoring.
(i) Adequacy of monitoring data for evaluating predictions made in the
environmental impact assessment report.
{j) Recommendations made to improve mitigation including new
remedial measures, if necessary.
(2) Environmental impact assessment evaluation must be conducted
immediately after the implementation of the project. Generally, it is approl?riate
to initiate such evaluation after the data obtained from monitoring have been
analysed. The responsibility of conducting overall evaluation shall be held by the
Evaluation Division of the relevant ministry of His Majesty's Government.

Chapter XII
Environmental Impact Auditing

Environment Impact Auditing: (1) The environmental impact auditing must be


undertaken after the project has been operational for some time.
(2) ln the context of an environmental impact assessment, the
environmental impact auditing assesses actual environmental impact, accuracy of
prediction, effectiveness of environmental impact mitigation and enhancement
measures and functioning of monitoring mechanisms.

17
NATIONAL ENVIRONMENTAL IMPACT ASSESSMENT CUIDELJNES, \993

(3) Generally, the environmental impact auditing is performed only once for
each project.

Explanation: ln general terms, 'auditing' refers to the field of finance and


accounting. However, in this chapter, 'auditing' refers to the examination
and assessment of a certain type of performance, particularly as mentioned
in sub-section (2).

43. Types of Auditing: (I) The following types of environmental impact auditing
must be done for different aspects of the environmental impact assesslllent
process:
(a) Decision Point Auditing: Examines the effectiveness of
environmental impact assessment as a decision-making tool.
(b) Implementation Auditing: Ensures that conditions of consent have
been met.
(c) Perfonnance Auditing: Studies the work of agencies associated with
project management.
(d) Project Impact Auditing: Examines environmental changes arising
from project implementation.
(e) Predictive Technique Auditing: Examines the accuracy and utility of
predictive techniques by comparing actual against predicted
environmental impact.
(f) Environmental Impact Assessment Procedure Auditing: Examines
critically the methods and approach adopted during the
environmental impact assessment study.
(2) Environmental impact auditing is not required in all cases. However, at
the project approval stage, both project proponent and approving agency should
consider whether any new information or improvement in management
practices may be anticipated through the application of a particular auditing
technique. Special attention should be paid to the projected cost-effectiveness of
any proposed auditing and to the technical difficulties likely to be confronted in
the course of environmental impact auditing.
(3) Since environmental impact assessment is a new concept in Nepal, the
use of environmental auditing plays a significant role in developing of a
systematic approach to the use of environmental impact assessment.
(4) In the course of environmental auditing, monitoring and evaluation
results should be compared with data generated during the pre-project period.
Such comparisons should be made on the basis of similar projects or standard
norms. Comparisons made between predicted impacts and actual impacts help to
evaluate the accuracy and adequacy of environmental impact assessment
predictions.

44. Impact Auditing Agency and Timing: (1) The environmental impact auditing
must carried out by the government agency approving the project with the
assistance of relevant government agencies and non-government organisations,
as necessary.
(2) Environmental impact auditing should be carried out immediately after
completion of the project or whenever necessary.
(3) The result obtained from environmental impact auditing should be made
available to the project proponent and concerned agencies.

18
NATIONAL ENVIRONMENTAL IMPACT ASSESSMENT GUIDELINES, 1993

(4) Since environmental impact auditing reveals whether it is necessary to


bring about changes in project implementation to remove or lessen adverse
environmental impacts, it is considered to be an important stage of project
implementation.

Chapter XIII
Community Participation

. Community Participation: Community participation (public involvement) is


one of the main foundation stones of planning and implementation of a project.
The effectiveness of an environmental impact assessment is determined largely
by how successfully the community has been involved. Therefore, community
participation must be mobilised during the environmental impact assessment
process.

Benefits of Community Participation: Community participation facilitates the


following:
(a) Encourages individual involvement in development projects from
the early planning stage.
(b) Develops a sense of responsibility for making development projects
environmentally sound and cost-effective.
(c) Grants due recognition to traditional practices and technology.
(d) Arouses public awareness.
(e) Makes the project a success.

. Time for Community Participation: Community participation is necessary


during the following phases of project planning:
(a) Project identification, feasibility and scoping.
(b) Initial environmental examination.
(c) Detailed environmental impact assessment study.
(d) Monitoring, evaluation and auditing.

Individuals, Groups and Agencies to be Involved: The following individuals,


groups and agencies must be involved in the environmental impact assessment
process:
(a) Local beneficiaries, target groups, users groups, affected groups,
special interest groups (such as women).
(b) Relevant government and private sector agencies.
(c) Local leaders and academic groups.
(d) Relevant non-government organisations.
(e) Recognised experts.

. Methods to Involve the Public: The following methods may be used to involve
the public during various stages of the project:
(a) Community meetings and exchange of information.
(b) Inter-personal contact.
(c) Dialogue with users groups and local leaders.
(d) Questionnaires, interviews, surveys.

19
NATIONAL ENVIRONMENTAL IMPACT ASSESSMENT CUIDELINES, 1993

(e) Review of the draft environmental impact assessment report and


monitoring/evaluation results by local community.
(f) Panels comprising representatives of concerned organisations and
local people.

50. Responsibility in Involving the Public: (1) The project proponents,


implementors and authorising agencies should be responsible for encouraging
community participation from the very initial stage of planning of all economic
development projects that are likely to cause adverse impacts on the
environment.
(2) The general public, project proponent and implementors should jointly
collect and assess the relevant infonnation before making decisions to implement
the project and during the course of project implementation.

20
NATIONAL ENVIRONMENTAL IMPACT ASSESSMENT GUIDELINES, 1993

Schedule 1

(Relating to Sub-section (2) of Section 8)

Projects Requiring Initial Environmental Examination Report

1. Projects using more than 1 t but less than 10 t of pesticides


2. Livestock development schemes
3. Agricultural development schemes
4. Fisheries
S. Water supply schemes supplying potable water for a population of 2,000 to
10,000
6. Housing development schemes
7. Rural electrification schemes
8. River training works
9. Afforestation and deforestation schemes
10. _,,A-Vatershed management schemes
y. Protected area management plans "
12. Population control schemes
13. Subsidy, incentive and credit schemes
14. Introduction of exotic species
15. Construction of district and municipal roads
16. Small scale irrigation schemes
17. Electricity generating schemes of less than S MW
18. Solid waste and sewerage system management intended to serve a population of
2,000 to 10,000
19. Chemical industries with production capacity not exceeding 10 t/day
20. Non-ferrous metal industries and primary smelting with production capacity of
less than 10 t/day, with the exception of aluminum and copper industries
21. Non-metallic industries
a. Cement factories with production capacity not exceeding 30 tons/hour
b. Lime factories with production capacity not exceeding 100 tons/day (rotary
kiln)
c Lime factories with production capacity of less than SO tons/day (vertical
kiln)
d. Brick and tile industries with production capacity of between 3 million to 10
million pieces/year
e. Extraction of minerals covering an area of up to 2 ha
f. Extraction of aggregates or marble or boulders with a capacity of upto 100 cu.
m/day
22. lron and Steel Industries
a. Iron ore as raw material with production capacity of upto 100 t/day
b. Scrap iron as raw material with production capacity of upto 10 t/day
23. Pulp and Paper Industries with production capacity of upto S t/day
24. Leather and Textile Industries
a. Leather tanning with production capacity of upto 100 pieces of hides/day
b. Textile industries with dyeing facilities having a production capacity of upto
10 million m/annum
c Carpet industry having production capacity of upto 500 sq. m/day
25. Food Industries

21
NATIONAL ENVIRONMENTAL IMPACT ASSESSMENT GUIDELINES, 1993

a. Abattoirs including knackeries with a slaughtering capacity of upto 100


animal heads/day
b. Canning and bottling industries extending to an area of upto 200 sq. m
c. Brewery and distillery works which include infusion, boiling and
fermentation having a production capacity not exceeding 2,500 I/day

1
;\

22
NATIONAL ENVIRONMENTAL IMPACT ASSESSMENT GUIDELINES, 1993

Schedule 2

(Relating to Sub-section (3) of Section 8)

Projects Requiring Environmental Impact Assessment

1. Use of fertilisers, more than 100 t


2. Use of pesticides, more than 10 t
3. Construction of highways and feeder roads
4. Construction of multipurpose reservoirs
5. Electricity generating schemes with a capacity of more than 5 MW
6. Medium and large scale irrigation schemes
7. Airport construction
8. Solid waste and sewerage system management to serve a population of more
than 10,000
9. Resettlement programmes
10. Drinking water supply schemes supplying potable water for a population of
more than 10,000
11. Chemical industries where the production capacity of each product or combined
product is greater than 100 t/day
12. Petrochemical works including storage and processing works (of all sizes)
13. Non-ferrous metal industries (primary smelting)
a. Aluminum - all sizes
b. Copper - all sizes
c. Others - producing 50 t/day or more
14. Non-metallic industries
a. Cement - with production capacity of more than 40 t/hour
b. Lime - with production capacity of more than 100 t/day (rotary kiln) or 50
t/day and more (vertical kiln)
c. Brick and tile manufacturing with production capacity of more than 10
million pieces/year
d. Extraction of minerals and mining covering an area of more than 5 ha
e. Extraction of aggregates or marbles or boulders with a production capacity of
more than 100 cum/day
f. Asbestos industries of all sizes
g. Radioactive related industries of all sizes
15. Iron and Steel Industries
a. Iron ore as raw material - having a production capacity of more than 100
.. t/day
b. Scrap iron as raw material - having a production capacity of more than 200
t/day
16. Pulp and Paper Industries
a. Wood-based raw material - having a production capacity of more than 50
t/day
b. Raw material other than wood - having a production capacity of more than
100 t/day
17. Establishment of industrial estates for medium and large scale industries
covering an area of 50 ha or more
18. Leather and Textile Industries
a. Leather tanning with a capacity of more than 100 pieces/day

23
NATIONAL ENVIRONMENTAL IMPACT ASSESSMENT CUIDELINES, 1993

b. Textile industries with dyeing facilities having a production capacity of more


than 10 million m/year
c. Carpet manufacturing with a production capacity of over 500 sq. m/day
19. Food Industries
a. Abattoirs including knackerles with a slaughtering capacity of 100 animal
heads/day
b. Canning and bottling works having work space of 200 sq. m
c. Brewery and distillery works which indude boiling and fermentation with a
production capacity of over 25,000 I/day
20 Coal industries and allied works of all sizes
21. Hazardous waste industries of all sizes and any capacity of the following nature:
a. Construction of recovery plant (off site)
b. Construction of secure land fill facility
c. Construction of storage facility (off site)
d. Construction of treatment facilities

I
.,

24
NATIONAL ENVIRONMENTAL IMPACT ASSESSMENT GUIDELINES, 1993

Schedule 3

(Relating to Sub-section (4) of Section 8)

Environmental Impact Assessment Based on Project Sites

1. Unique areas of historic, cultural, archaeological, scientific and geographical


significance
2. Wetlands
3. Ecologically fragile areas
4. National parks, wildlife sanctuaries and protected areas
5. Wilderness areas containing rare or endangered species of animals or plants and
their habitat
6. Semi-arid, alpine or snowy areas
7. Flood or other hazardous zones
8. Residential, school, and hospital areas
9. Major sources of drinking water supply for the public
10. Water bodies (stagnant or running)

..

25
NATIONAL ENVIRONMENTAL IMPACT ASSESSMENT GUIDELINES, 1993

Schedule 4

(Relating to Section 18)

Format of Terms of Reference

1. Introduction

a. Purpose of terms of reference.


b. Agency or individual responsible for preparing the environmental impact
assessment report.

2 Environmental Impact Assessment Guidelines

While preparing the environmental impact assessment report, general


guidelines as well as procedures to be followed should be provided.

3. Background Information

a. General background information about the project and indication about


relevant reports.
b. Particulars related to specific project background, and reports with coverage
of the project and project area.
c Project-related policy, legislation and rules.
d. Relevance of the project to local planning formats (such as land use, physical
development project).

4. Specific Environmental Impact Assessment Guidelines

a. The environmental components which need detailed or further study should


be listed. The indicators of each listed component to be measured or assessed
should be specified.
b. Action required to minimise possible adverse impacts (relocation, increased
taxes, compensation, etc.) should be mentioned.
c Cost-benefit of project in terms of its environmental implications should be
analysed.
I
d. Environmental impact assessment reports should propose a monitoring
programme for assessing the actual impact during the project operation and
thereafter.
e. The following tasks should be mentioned in the environmental impact
assessment study proposal:

i. Tasks: Each specific task to be performed should be sufficiently


described.
ii. Sh1dy: The proposed plan for carrying out the environmental
impact assessment study should be indicated.
ill. Review sessions: Periodic reviews of the work as needed during the
study should be conducted.
iv. Study team: Expertise and specialists needed for the proposed
project study team should be described.

26
NATIONAL ENVIRONMENTAi. iMPACT ASSESSMENT GUIDELINES, 1993

f. Conclusion should be made about whether or not the project should be


implemented, or whether or not it poses an acceptable risk.

5. Time constraints

a. The time required for completing the environmental impact assessment


report should be specified (for example 3 to 12 months).
b. The list of tasks under environmental impact assessment with respective
dates of completion should be mentioned.

6. Budget

The estimated budget allocation for the environmental impact assessment


study and report should be mentioned.

7. Environmental Impact Assessment Report Format

8. Other Relevant Information

9. Reference List

10. Annexes, Maps, Photographs, Figures, Tables, Charts, Questionnaires,


Checklists.

27
NATIONAL ENVlRONMENTAl IMPACT ASSESSMENT GUIDELINES, 1993

Schedule S

(Relating to Section 20)

Environmental Impact Assessment Report Format

The environmental impact assessment report should be classified under the following
categories and must incorporate the following components:

1. Executive Summary

The environmental impact assessment report should contain a precise and non-
technical description not exceeding five pages about significant results and
recommended actions.
t. J l'\~l .., 1ec li ve.~ !(..(.,,. Ncfld(.~fl/.....,/fo L.~ -'/<..
2 Proiect Description 7 -- ·
Under this section the activities of the proposed project, including its technical,
geographic, ecological, economic, social and physical aspects should be outlined.
The objectives, strategy and work schedule for each phase of the project should
also be mentioned.

3. Baseline Information

Depending upon the nature of the project, the environmental impact assessment
report should also present the baseline information pertaining to the geophysical,
biological and socioeconomic situation of the area under study, including any
changes anticipated prior to project implementation. Data gaps and limitations
should also be mentioned.

4. Identification of Environmental Impact

The environmental impact assessment report should identify possible impacts,


adverse as well as beneficial, anticipated as a consequence of the proposed project
activities at different stages of the project cycle. Impacts should be predicted and
quantified as far as possible, in terms of spatial and temporal contexts.

5. Alternative Analysis
.'
Design, site technology and operational alternatives should be compared
systematically in terms of their potential environmental impact; capital and
recurring costs; suitability to local conditions; and institutional training and
monitoring requirements. The environmental costs and benefits should be
quantified and economic values mentioned for each of the alternatives as far as
possible.

28
NATIONAL ENVIRONMENTAi. IMPACT ASSESSMENT GUIDELINES, 1993

6. Mitigation Measures

The environmental impact assessment report should propose pragmatic


mitigation measures for all activities likely to have an adverse impact on the
environment. As mitigation measures cannot be expected to totally eliminate the
adverse impacts, it is recommended that compensatory measures be proposed as
well. It is essential that the cost effectiveness of mitigation measures be analysed
against viable alternatives.

7. Review of Policy and Legal Framework

Based on the nature and magnitude of the project, a review should be undertaken
of the policy and legislative framework relating to the project,.with an
examination of the weaknesses and strengths of their legal aspects. The report
should suggest necessary amendments of such policies and legislation if these are
likely to hinder environmental conservation and development.

8. Monitoring

The environmental impact assessment report should clearly specify the nature of
monitoring required, stipulating who should undertake this activity, how much
it would cost and what other inputs are necessary. Time schedules for monitoring
should also be specified.

9. Auditing

The environmental impact 'assessment report should include the design for
environmental auditing with its justification.

10. References

The report should list the references cited in the text, in the following order:

a. Author or authors
b. Date of publication
c Title of cited reference
\ d. Names of publications or journals
e. Volume numbers or series, issues (if any)
f. Page or pages

29
NATIONAL ENVIRONMENTAi. iMPACT ASSESSMENT GUIDELINES, 1993

Schedule 6
(Relating to Section 21)

Format of Environmental Impact Assessment Report Annexes

The annexes should include the following materials:

a. Study-related maps such as topographical, geological, land-use, land


capability, district maps.
b. Aerial photographs of the project and surrounding areas (as far as possible).
c. Questionnaire or checklist employed for field investigations.
d. Figures or drawings related to the environmental impact assessment, such as
flow charts, diagrams.
e. Climatological, meteorological and hydrological data, if any, in the form of a
time series table.
f. Data about the existing flora and fauna in the project area.
g. Geological and risk assessment data, if any.
h. Information on air and water quality and noise level, before and after the
project, if available.
i. Relevant matrix or flow diagram for environmental impact assessment.
j. Audio-visual aids, such as photographs, slides, transparencies, recordings,
video films (if used).
k. Agricultural data, such as cropping patterns, livestock, soil, recommended
doses of chemical fertiliser.
I. Reference listing the written materials used during the preparation of study
reports.
m. Record of inter-agency interactions/forums/meetings including lists of
invitees and actual participants, with a brief summary of the discussions and
observations.
n. List of individuals and organisations involved in environmental impact
assessment preparation.
o. Individuals and organisations contacted during the study, including their full
names, addresses and telephone numbers.

By order,

Khem Raj Nepal


Acting Secretary, HMG

30
NATIONAL ENVIRONMENTAL IMPACT ASSESSMENT GUIOWNES, 1993

Annex

Participants of the EIA workshop

The Environmental Core Group

Mr Amir Man Rajbhandari Department of Tourism


Dr Ananda Raj Joshi National Planning Commission
Mr Basanta Kumar Rai Department of Building, Housing and Urban
Development
Mr Batu Krishna Upreti Department of Soil Conservation and Watershed
Management
Mr Bharat Sharma Department of Building, Housing and Urban
Development
Dr Bidur Upadhaya Water and Energy Commission Secretariat
Mr Bijaya Bahadur Shrestha Department of Mines and Geology
Mr Buddha Krishna Manandhar Nepal Electricity Authority
Mr Devi Das Koirala National Planning Commission
Mr Dhruba Bahadur Thapa Department of Livestock Services
Ms Hasina Shrestha National Planning Commission
Mr Jagannath Koirala Department of Forests
Mr Jaya Keshar Maskey Ministry of Water Resources
Mr Kiran Prasad Dhungel National Planning Commission
Mr Lal Shankar Ghimire Ministry of Finance
Mr Manohar Lal Shrestha Department of Forests
Mr Mohan Krishna Adhikari National Planning Commission
Ms Moti Shova Shrestha Ministry of Industry
Mr Prajwal Prasad Pradhan Department of Irrigation
Mr Prem Lal Chitrakar Department of Agriculture
Mr Purushottam Kunwar National Planning Commission
Dr Purushottam Mainali Central Animal Health Centre
Mr Ramesh Kumar Maskey Nepal Electricity Authority
Mr Ravi Raj Kafle National Planning Commission
Mr Rudra Sapkota Department of Soil Conse.r vation and Watershed
Management
Mr Surendra Kumar Subedl Department of Agricultre
Mr Surya Raj Acharya Department of Building, Housing and Urban
Development
Dr Tlrtha Man Maskey Department of National Parks and Wildlife
Conservation

31
NATIONAL ENVIRONMENTAL IMPACT ASSESSMENT GUIDELINES, 1993

NPC/IUCN NCS Implementation Project

Dr Jeremy Carew-Reid IUCN Senior Advisor


Mr Ron Bisset IUCN/EIA Advisor
Dr R.B. Khadka EIA Programme Coordinator
Mr Ajay Pradhan EIA Programme Officer
Mr Jay Pal Shrestha Research Assistant
Mr Madhur Shrestha Research Assistant
Ms Nabina Shrestha Research Assistant
Ms Lobsang Chonzom Sherpa Senior Secretary
Ms Suberna Moktan Secretary

.. ,

I
_\
.,

32
IUCN
The World ConsetVaUon Union

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