The Environment Protection Rule 1997 is the guiding rule for IEE/EIA study. Despite several provisions of IEE/EIA study of the development project, the rules 45, 46 and 47 stipulates procedures and provisions for compensation to the affected.
Read MoreRule 65 of the Forest Regulation stipulates that in case the execution of any project having national priority in any forest area causes any loss or harm to any local, individual, or community, the proponents of the project itself shall bear the amount of compensation to be paid.
Read MoreSection 6 of Article 12 and section 6 of Article 13 of Electricity Regulation 1992 are important from environmental viewpoint.
Read MoreThe Ancient Monument Protection Act 2013 BS is about the protection of monument site/area. Article 2 defines the ancient monuments; Article 3, and 17 empowers government to declare any place or area as monument site/area; Article 13 restricts transfer, transaction, export or collection of ancient monument and archaeological object or curio without prior approval of the government;
Read MoreThe Land Reform Act, 1964 established the tenancy rights of tenets who holds the land that belongs to another landowner to till the same on any terms and cultivates the land by him/herself or his/her family's labour.Chapter 25, section 7 and sub-section 1 of this act define the tenancy rights.
Read MoreThe Local Government Operation Act, 2074 that came into effect since 15 October 2017 has paved a strong legal foundation towards institutionalizing legislative, executive and quasi-judiciary practice of the newly-formed local government. The legal mechanism was enacted as per the Article 296 (1) of the Nepal Constitution-2015 so as to leverage local leadership and governance system.
Read MoreThe electricity act 1992 has been enacted to manage the survey, generation, transmission and distribution of electricity and to standardize and safeguard electricity services.
Read MoreThe Forest Act, 1993, Section 49 prohibits reclaiming lands, setting fires, grazing, removing or damaging forest products, felling trees or plants, wildlife hunting and extracting boulders, sand and soil from the national forest without prior approval from GoN. In the section 68 (1) of the Act that empowers the government to permit the use of any part of government managed forest, community forest; leasehold forest etc., if there is no alternative except to use the forest area for the implementation of a plan or a project of national priority without significantly affecting the environment.
Read MoreLand acquisition Act is the main legislation to guide the land acquisition process in the country.
Read MoreThe GoN has formulated national Policy on Land Acquisition, Compensation and Resettlement for Development Project (PLACRDP) with the objective of providing services like compensation, resettlement and rehabilitation to the affected people depending on the nature of effects, so as to help them keep their social and economic situations before the project or help them reach the higher socio-economic ladder.
Read MoreThe Forestry Policy 2014 highlights the forest conservation, management and their sustainable use through people's participation. The long-term objectives of the policy are to meet people's basic needs for fuel wood, timber, fodder and other forest products on sustainable yield basis to protect land against degradation and to conserve the ecosystem and genetic resources. The implementation of the project should not hamper the objectives.
Read MoreHydropower Development Policy (2058) emphasizes the need of implementation of mitigation measures in the project-affected area. The developer should have responsibility for resettlement and rehabilitation of affected people. The policy states that Resettlement and Rehabilitation works shall be conducted as per approved criteria of the GoN. The policy clearly states that hydropower development shall be emphasized with due consideration of environmental conservation and as an alternate of bio and thermal energy.
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