KATHMANDU UNIVERSITY

School of Engineering
Department of Civil Engineering

Environmental Protection Act and Regulations; Latest 2076

Presented By: Instructor:

Arun Lamsal (20) Er. Santosh Chaudhary
Trishna Prajapati (34) Assistant Professor
Tejendra Pun (35) Department of Civil
Engineering
Pragya Kriti Ranabhat (37)
Sagun Singh (51)
 TABLE OF CONTENTS

1. PRELIMINARY
2. ENVIRONMENTAL STUDY
3. CONTROL OF POLLUTION
4. PROVISIONS RELATING TO CLIMATE CHANGE
5. PROVISIONS RELATING TO PROTECTION OF NATIONAL HERITAGE
AND ENVIRONMENT PROTECTION AREAS
6. FINE AND COMPENSATION
7. MISCELLANEOUS

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 1. PRELIMINARY

1. Introduction
The Environment Protection Act, 2076 (2019) is a law that aims to protect the environment
and the fundamental right of citizens to live in a clean and healthy environment. It defines
various aspects of environmental protection, such as the prevention and control of pollution,
waste management, environmental impact assessments (EIAs), and the roles and
responsibilities of individuals, institutions, and governments in environmental conservation.
The act was enacted by the Parliament on July 19, 2019, and repealed the earlier
Environment Protection Act, 2053 (1997).

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 The act covers a range of topics, including:
• Environmental study: The act includes regulations and procedures for environmental
study reports.
• Pollution control: The act includes regulations and procedures for controlling pollution.
• Environmental inspectors: The act includes provisions for environmental inspectors, their
duties, powers, and functions.
• Climate change: The act includes provisions for addressing climate change.
• Compensation: The act provides for compensation for victims of environmental pollution
or degradation.
• National heritage protection: The act includes provisions for protecting national heritage
sites and environment protection areas.

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 This act establishes guidelines to ensure environmental protection is integrated into Nepal's
development process and enforces penalties for violations to maintain ecological balance.
The Act empowers government authorities to monitor and enforce environmental standards
and encourages a collective effort toward a healthier and more sustainable environment.

Objectives of the Act:

a. Environmental Protection: To prevent, control, and reduce pollution and environmental
degradation.
b. Sustainable Development: To harmonize development activities with environmental
conservation.

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 c. Conservation of Natural Resources: To manage and use natural resources efficiently
and sustainably.
d. Climate Change Response: To adapt to and mitigate the impacts of climate change.
e. Public Participation: To ensure the involvement of citizens and stakeholders in
environmental decision-making.

2. ENVIRONMENTAL STUDY

The Act mandates that all projects and activities likely to have significant environmental
impacts undergo an Environmental Impact Assessment (EIA) or an Initial Environmental
Examination (IEE). These assessments aim to identify potential environmental risks and
propose mitigation measures before project approval.

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 3. Environmental Study Report
a. Preparation of Report: A proponent is required to prepare an environmental study
report for proposals as prescribed by the Act.
b. Approval Process:
• National-Level Projects: The report is submitted to the prescribed federal body or the
Ministry for projects of national priority, national pride, those approved by the
Investment Board, or those spanning multiple provinces.
• Provincial-Level Projects: The report is submitted to the body prescribed by provincial
law for projects under the jurisdiction of the Provincial Government.
• Local-Level Projects: The report is submitted to the body designated by local law for
projects under the jurisdiction of local governments, except for environmental impact
assessment reports, which are submitted to the prescribed provincial body.

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 • Public Hearings: Proponents must conduct public hearings for proposals as part of the
report preparation process.
• Heritage Exemption: Reconstruction of ancient monuments is exempted from requiring
an environmental study report.
• Ongoing Approvals: Reports submitted before the Act’s commencement can still be
approved under previous laws

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 4. Detailed analysis of alternatives to be made:
a. The act states: Sub section (1) The proponent shall make detailed analysis of possible
adverse effects on the environment from the implementation of such a proposal and
various alternatives that can be adopted for mitigation such effects, and recommend the
alternative that is appropriate for the implementation of the proposal and the grounds and
reasons why that alternative is implementable.
b. In preparing the environmental study report pursuant to sub-section (1), the proponent
shall set out, the possible short-term, mid-term and long-term adverse effects on the
environment from the implementation of the project and the method and process to be
adopted for mitigation thereof.

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 5. Scoping and work schedule:
Scoping refers to the process of identifying the key environmental issues that need to be
considered in an Environmental Impact Assessment (EIA). It includes:
• Identification of Environmental Aspects
• Stakeholder Consultation
• Baseline Studies
The Act emphasizes the creation of detailed work schedules for projects that may
impact the environment, ensuring adherence to timelines and milestones.

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 The act includes : Sub section (1) Prior to preparing the environmental study report of any
proposal pursuant to this Act, the scope of such a proposal, in the case of a brief
environmental study and initial environmental examination, and scope and work schedule, in
the case of an environmental impact assessment shall be approved by the concerned body.
(2) Other provisions on the scoping and preparation of the work schedule referred to sub-
section (1) and approval thereof shall be as prescribed.

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 6. Standards and Quality in Environmental Study Reports
a. Preparation Standards: Proponents must prepare environmental study reports in prescribed
forms ensuring standards and quality determined by the Government of Nepal.
b. Penalties for Non-compliance:
c. Failure to comply with these established standards can lead to significant penalties along
with disqualification from future report preparation activities.
d. Consultants submitting substandard reports are barred from preparing reports for up to five
years.

7. Approval of Environmental Study Reports

a. Inquiry Process: Upon submission of environment study report, an inquiry must be
conducted to evaluate the report findings and ascertain whether additional studies or
assessment is necessary before approval or not.

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 b. Formation of inquiry committees: Committees are established including stakeholders,
subject experts and representatives from relevant sector to facilitate review process.
c. Conditions for approval: If no significant adverse environmental impacts are found, the
report is approved with specified terms and conditions.
8. Implementation Restrictions
a. Proposals cannot be implemented without approved environmental study reports.
b. Projects executed without approval may be immediately stopped.
9. Strategic Environmental Analysis (SEA)
a. SEA is mandatory for policies, programs, or projects specified by the Government in the
Nepal Gazette
b. The SEA process involves systematic assessment of environmental, social and economic
factors associated with specific policies or projects.

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 10.Environmental Management Plan (EMP)
a. Preparation:
EMP must outline mitigation measures for environmental impacts during and after project
implementation.
a. 2.Mitigation measures:
The plan must delineate specific actions targeted at minimizing negative impacts, including
habitat restorations, pollution control and community engagement activities during and after
construction phase.
3.Monitoring and reporting
Ongoing monitoring of the implemented mitigation measures is fundamental for evaluating
their effectiveness: this includes regular reporting to the concerned bodies.

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 11. Supplementary Environmental Impact Assessment (SEIA)
a. It is required when revision to the project infrastructures, designs or capacities occur post
approval, ensuring continued compliance with environmental standards and assessing
new potential impacts
b. Proponents are required to submit a comprehensively documented application to the
relevant authority, detailing the reasons for the changes, potential environmental
repercussions, facilitating informed decision making.
c. The concerned body reviews the applications and if deemed reasonable, grants
permission for supplementary assessment.

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 12. Post-Implementation Environmental Examination
a. It is conducted within 2.5 years of project implementation.
b. The examination process consists of review of mitigation strategies determining their
effectiveness in addressing environmental impacts and adapting plans where deficiencies
are identified.
c. The findings of post implementation examination must be documented and reported to
relevant authorities.
d. Through consistent evaluation and feedback mechanism, lesson learned can guide future
assessment fostering a continuous improvement in environment management processes.

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 13. Powers to prevent non-compliance
a. The act grants designated authorities the power to prevent project execution in instances where
environmental study reports are either unapproved or exceed regulatory conditions.
b. Penalties from non compliance with the act may vary from fines to project halts or any other legal
actions.
c. This act reinforces the importance of regulation preventing environmental degradation and
ensuring responsible project execution.
14. Power to Conduct Environmental Studies
a. The Government of Nepal or Provincial Government can independently map and study any area
for environmental purposes.
b. Based on findings, descriptions are prepared regarding feasible and non-feasible development or
construction activities in the area.
c. Record maintenance is done as all descriptions are documented and preserved for future
reference.
d. Descriptions are made public, and all concerned stakeholders must comply with them.

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 3. CONTROL OF POLLUTION

15. Control of Pollution

a. Government sets standards to mitigate pollution.
b. Actions causing significant environmental harm or violating standards are prohibited.
c. Department monitors compliance and may restrict harmful substances or activities.
16. Export and Import of Hazardous Substances
a. Import Restrictions: Hazardous substances generally prohibited unless specifically
allowed by the Government.
b. Export Permissions: Requires Ministry approval ensuring only approved substances are
traded.
c. Violation: Improperly imported substances must be returned to the country of origin.

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 17. Management of Hazardous substances:
While collecting, storing, processing, selling, distributing, disposing or transporting hazardous
substance, the concerned body or person shall manage the hazardous substance in a manner
not to cause adverse impact on the environment.
18. Power to establish Laboratories:
The Government of Nepal or Provincial Government may establish laboratories as required to
carry out test or examination relative to an environmental protection and pollution control or
prescribe laboratory recognized by Government of Nepal to carry out test or examination
relative to environmental protection and pollution control.

19. To allow collection of Samples:

If the concerned body intends to study, test, examine or analyze the pollution or wastes to be or
likely to be generated from any industry, factory, mechanical equipment like a machine and
motor vehicle, the concerned owner or relevant person shall allow to collect samples of the
pollution or wastes generated from such industry, factory, mechanical equipment like a
machine and motor vehicle.
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 20. Power to issue pollution control certificate:
The Ministry or Provincial Ministry may provide a pollution control certificate, as
prescribed, to any industry that makes a significant contribution to the control of pollution.
21. Environmental Inspector:
The environmental inspector shall carry out monitoring and inspection as to whether or not
acts to be performed in accordance with the environmental study report. In cases where the
environmental inspector is not available, the following body may designate the officer or
employee as the environmental inspector for monitoring and inspection:
a. Any officer employee of the Government of Nepal or Provincial Government as
designated by the Ministry.
b. Any officer employee of the Provincial Government as designated by the Provincial
Ministry.
c. Any employee of the Local Level as designated by the Local Level Government.
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 22. Functions, duties and powers of the environmental inspector:
The functions, duties and powers of the environmental inspector shall be as follows:
a. To inspect as to whether or not disposal of hazardous substances has been made in
accordance to the rules framed under act.
b. To inspect as to whether or not the acts of mitigation, avoidance or control of pollution
have been carried out.
c. To inspect on site as to whether or not work has been performed consistent with the
terms prescribed in the approved environmental study report.
In addition to this, the environmental inspector may give a prior notice to the concerned
person to inspect any house, land, building, factory, industry, motor vehicle, industrial
device, tools, machinery, animal, object, records, document or other goods or object.

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 If the concerned body or person does not allow the environmental inspector to make
inspection, the environmental inspector may immediately impose the fine as follows on
such a person or body:
a. A fine of up to twenty thousand rupees in case of disallowing him or her to make
inspection and hindrances in inspection.
b. A fine of up to fifteen thousand rupees in case of failure to provide such descriptions or
information as demanded or of giving false description.

If a party, who is not satisfied with the punishment imposed by the environmental inspector
then, he/she can complain to the Director General not later than fifteen days of the date of
receipt of information of that punishment.

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 4. PROVISIONS RELATING TO CLIMATE CHANGE

23. To provide information:

The Ministry shall carry out study as prescribed on a periodic basis from time to time, make
public necessary information on such measures as to be adopted for the mitigation of
adverse impacts or risks from climate change while formulating development projects to be
executed by the Government of Nepal, Provincial Government and Local Level.

24. Adaptation plan may be made:

In order to avoid adverse impacts and risks of climate change, the Ministry, Provincial
Ministry and Local Level may make and implement an adaptation plan at the national,
Provincial and Local levels, respectively.

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 25. Power to carry out acts of mitigation:
The Government of Nepal may make periodic monitoring by identify areas emitting green-
house gas and determine their national reference level and make public the updated
information.

26. Impacts from climate change and risk management:

The Government of Nepal makes purpose of managing adverse impacts and risks of climate
change, issue necessary orders by a notification in the Nepal Gazette for the mitigation of
adverse impacts and risks of climate change, in the sectoral policies, strategies and action
plans to be executed by the Government of Nepal, Provincial Government, Local Level and
other public bodies as well as the private sector.

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 27. Power to determine technical standards:
The Government of Nepal may determine and enforce necessary standards for the setting of
priority of matters to be implemented in urban and rural areas to mitigate adverse impacts
and risks of climate change. Also, the Government of Nepal may determine technical
standards for the development of technology that mitigates adverse impacts and risks of
climate change.

28. Power to participate in carbon trade:

The Government of Nepal may participate in carbon trade with the mechanisms established
by the international treaty, any foreign government or organization, business entity or
private sector for the mitigation of carbon emission

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 5. PROVISIONS RELATING TO PROTECTION OF NATIONAL HERITAGE
AND ENVIRONMENT PROTECTION AREAS
29. Protection of national heritages:
a. It is the duty of all the concerned agency to protect national heritages.
b. An inventory of national heritages, including World Heritage sites in Nepal must be prepared
and maintained.
c. Items in the inventory such as places, plants, animals and the environment must be protected.

30. Special provision relating to environment protection areas:

a. The Government of Nepal, in consultation with Provincial government and concerned local
level can declare areas with natural, historical, or cultural importance as environment
protection areas through the Nepal Gazette.
b. It can designate areas as open or green spaces for environmental protection when building
roads, buildings, or other infrastructure.

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 c. Certain activities may be prohibited in environment protection areas or designated open
or green spaces.
a. If an area faces environmental harm like pollution, soil erosion, or natural disasters, it
can be declared a sensitive area, and actions can be taken for restoration.
e. Areas with hazardous waste or extreme pollution can be declared polluted, restricting
public access.
f. Once environmental conditions improve, areas declared sensitive or polluted can be
removed from the list.
g. Local communities can participate in managing environment protection areas.
h. Local communities should share in the benefits from managing these areas.

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 31. Establishment and operation of fund:

a. There should be establishment of fund for the protection of environment, prevention and
control of pollution, management of climate change and protection of the national
heritages.
b. The following amounts shall be credited to the fund referred to in sub-section(a):

• Amount received from the Government of Nepal, Provincial Government or

Local level
• Amount received from any native person or organization,
• Amount received from any foreign government or international organization but
approval of the Government of Nepal, Ministry of Finance should be obtained.
• The fund shall be audited by the Auditor General.
• The operation of the fund shall be as prescribed.
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 32. Power to constitute council:

a. There shall be an environmental protection and climate change management national

council chaired by the Prime Minister

b. The council referred to sub-section(a) shall consist of the following chairperson and
members:
• Prime Minister - chairperson
• Minster for Forest and Environment, Government of Nepal - Member
• Three Minsters of the Government of Nepal designated by the - Member
Prime Minister
• Chief Ministers of all Provinces - Minister
• Member of the National Planning Commission who looks after - Member
the matter of environment

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 • Two persons including one woman nominated by the Chairperson - Member
from among the professors in forest and environmental science
• Three persons including two women nominated by the Chairperson - Member
from among the persons with expertise in the field of forest and
environment
- Member-
• Secretary, Ministry
Secretary

c. The chairperson may designate one Minister out of the members as the vice-chairperson.

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 33. Meetings and of the Council:

a. The Council shall meet at least once a year at such date, time and place decided by the
chairperson.
b. The member-secretary of the Council shall, in consultation with the chairperson send a
notice setting out the date, time and place of the meeting of the Council at least before
forty-eight hours of the time of the meeting.
c. If an urgent meeting is needed, the chairperson can call it with 72 hours’ notice, and the
member-secretary shall notify members as soon as possible.
d. A majority of the total members must be present to meet the quorum for the meeting.

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 a. The chairperson of the Council shall preside over the meeting of the Council, and in the
absence of the chairperson, the vice-chairperson of the Council shall preside over the
meeting
b. Any decision of the Council shall be taken by a majority, and in the case of a tie, the
chairperson shall exercise the casting vote.
c. Any representative of concerned body or organization or environmental expert may, as
required, be invited to the meeting of the Council.
d. The member-secretary of the Council shall authenticate the decision of the Council.
e. Other procedures relating to the meeting of the Council shall be as determined by the
Council itself.

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 34. Functions, duties and powers of the Council:

a. Provide guidance to the Ministry and other bodies to integrate environmental and climate
change issues into long-term policies, plans, and programs.
b. Set policies for pollution control, waste management, and the protection of national
heritages.
c. Offer policy guidance to Provincial and Local levels on environmental protection and
climate change.
d. Manage and facilitate economic resources for environmental protection and climate
change initiatives.
e. Guide the Ministry on the use, management, and protection of natural, cultural, and
physical resources and heritages.
f. Evaluate activities related to environmental protection and climate change.

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 6. FINE AND COMPENSATION

35. FINE 1: If any person does the following act, the concerned body may punish that
person as follows:

❑ For proposals requiring a Brief Environmental Study (BES) approval:

• Penalty: Fine up to NPR 500,000.
• Reason: Implementation of activities without prior BES approval or partial
deviation from the approved BES report.

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 ❑ For proposals requiring Initial Environmental Examination (IEE) approval:
• Penalty: Fine up to NPR 1,000,000.
• Reason: Commencing projects without approved IEE or conducting activities
beyond the approved scope.

❑ For proposals requiring Environmental Impact Assessment (EIA) approval:

• Penalty: Fine up to NPR 5,000,000.
• Reason: Major projects initiated without EIA approval or significant violations of
the approved EIA report.

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 Fine 2

❑ Order to Stop and Comply:

• The concerned body may immediately order the person or entity to stop the act.
• They must obtain approval for the environmental study report as required by the act.
• If the act was inconsistent with the approved report, they must make necessary
improvements.

❑ Obligation to Comply:
• The person or entity is legally obligated to follow the orders issued by the concerned
body.

❑ Enhanced Penalty for Non-Compliance:

• If the given orders are not followed, the concerned body may impose a fine that is three
times the fine specified in subsection (1).

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 FINE 3: Violation of Rules and Guidelines:
• The concerned body can restrict the act, impose a fine up to NPR 300,00 and order
compliance with the rules.
• If the order is not followed, a fine three times the initial amount can be imposed.

FINE 4: Non-Compliance with Orders:

• Failure to comply with orders results in restriction of the act and recommendation for
blacklisting the violator.

FINE 5: Blacklisting:
• The Department can blacklist the violator for 1 to 5 years if the recommendation is found
reasonable.

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 FINE 6: Inquiry into Non-Compliance:
• The Department will investigate non-compliance with its orders and take action as
specified in sub-section (5).

FINE 7: Blacklisting Consequences:

• The Department will investigate non-compliance with its orders and take action as
specified in sub-section (5).

FINE 8: Opportunity Before Fine:

• A person or body facing blacklisting must be given a reasonable chance to respond
before any fine is imposed.

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36. APPLICATION MAY BE MADE:

❑ Violation of Act :
• If a person violates the Act by executing a proposal without proper
environmental approval or in a manner inconsistent with the approved
environmental report, an application can be made to the concerned authority.

❑ Compensation for Pollution:

• If pollution or hazardous waste disposal causes loss or damage to a person, body,
or local community, they can apply to the concerned body for compensation.

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 ❑ Compensation Determination:
• If it is proven that loss or damage occurred, the concerned body will assess the
injury and require the responsible party to compensate the victim.

❑ Government Pollution Committee:

• A committee of three experts nominated by the Government of Nepal will
investigate applications related to pollution caused by government or
government-owned bodies, with compensation based on their recommendation.

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 ❑ Provincial Pollution Committee:
• A committee of three experts nominated by the Provincial Government will
investigate pollution cases involving provincial or local government bodies, with
compensation based on their recommendation..

❑ Compensation Guidelines:
• The criteria for determining compensation will be as prescribed by relevant
regulations and provisions under this Act.

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37. APPEAL:

❑ Appeal Against Fine :

• If a party is dissatisfied with a fine imposed under Section 35, they can appeal
within 35 days to the District Court (for fines by the Local Level) or to the
High Court (for fines by government bodies).

❑ Appeal Against Compensation Decision:

• If a party disagrees with the compensation decision under Section 36, they can
appeal to the concerned High Court within 35 days.

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 7. MISCELLANEOUS
38. ENVIRONMENT PROTECTION PLAN TO BE FORMULATED:

❑ Environment Protection Plan by Government of Nepal:

• The Government of Nepal may create and implement an environmental protection plan to
maintain a clean and healthy environment and promote conservation.

❑ Provincial and Local Level Plans :

• The Provincial Government and Local Level can create and implement their own
environmental protection plans, in line with the national plan..

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 ❑ Incorporating Traditional Practices:
• When formulating environmental protection plans, traditional and local practices
related to conservation, sustainable use, and equitable distribution of environmental
resources must be included.

❑ Additional Matters in the National Plan:

The environmental protection plan created by the Government of Nepal must also include
other matters as prescribed by relevant regulations.

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 39. MONITORING AND INSPECTION TO BE CARRIED OUT:

❑ Monitoring by Ministry or Department:

• The Ministry or Department is responsible for monitoring and inspecting whether
the Act and its associated rules, guidelines, procedures, and standards are being
followed.

❑ Monitoring by Provincial or Local Level:

• The Provincial Government or Local Level can monitor and inspect the
implementation of the Act and its associated rules, guidelines, and standards to protect
and conserve the environment in their area.

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 ❑ Additional Provisions for Monitoring:
• Other provisions related to monitoring and inspection, as mentioned above, will
be prescribed by relevant regulations.

❑ Monitoring by Provincial or Local Level:

• The Provincial Government or Local Level can monitor and inspect the
implementation of the Act and its associated rules, guidelines, and standards to
protect and conserve the environment in their area.

❑ Additional Provisions for Monitoring:

• Other provisions related to monitoring and inspection, as mentioned above, will
be prescribed by relevant regulations.

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40. ANNUAL REPORT TO BE PREPARED:

❑ Annual Report Preparation by Ministry:

The ministry must prepare an annual report that includes:
• A description of monitoring and inspection activities as per monitoring and inspection
criteria.
• A description of national and international activities related to climate change.
• Any other necessary descriptions.

❑ Submission of Annual Report:

• The Ministry must submit the annual report to the Council within two months after the end
of each fiscal year.

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41. POWER TO ISSUE ORDER:

❑ Government's Power to Issue Order:

• The Government of Nepal can issue orders, through a notification in the Nepal Gazette,
regarding matters that require precautions for environmental protection.

❑ Fine for Violating the Order:

• The Director General can impose a fine of up to one hundred thousand rupees on any person or
body that violates the order issued by the Government under sub-section (1).

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 42. DELEGATION OF POWER:

❑ Delegation of Power by Ministry:

• The Ministry may delegate any of the powers granted to it under this Act as
needed.

❑ Delegation Recipients:
• The powers can be delegated to the Department, environmental inspector, any
office employee, or any other body.

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 43. PREVAILING LAW TO GOVERN:

❑ Governance by This Act:

• The matters specified in this Act will be governed by the provisions of this Act.

❑ Governance by Prevailing Law:

• All other matters not covered by this Act will be governed by the prevailing law.

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 44. POWER TO FRAME RULES:
❑ From Government:
• The Government of Nepal can frame necessary rules to implement this Act.

45. POWER TO FRAME GUIDELINESS, PROCEDURE AND STANDARDS:

❑ From Government:
• The Government of Nepal can frame and enforce necessary guidelines, procedures, and
standards, in addition to the rules under this Act, without contradicting the provisions of
the Act..

46. ASSESSMENT OF IMPLEMENTATION OF THE ACT:

❑ From Ministry:
• The Ministry shall assess the impacts of implementing the Act.
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 47. REPEAL AND SAVING:
❑ Repeal of Previous Act:
• The Environment Protection Act, 1997 (2053) is repealed.

❑ Deemed Actions:
• Any acts or actions performed under the Environment Protection Act, 1997 (2053)
are considered to have been performed under the new Act.

❑ Pending Applications or Complaints:

• Any application or complaint under consideration based on the Environment
Protection Act, 1997 (2053) will be settled according to that Act.

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 THANK YOU

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