Regulatory Framework to Environmental

Protection in Nepal, Nepalese Response to

International Environmental Laws
Regulatory Framework to Environmental
Protection in Nepal

Environmental principles of the Constitution of

Nepal 1990 (Part 4, Article 26)
ii.The state shall pursue a policy of mobilizing
the NR and heritage of the country in a
manner useful and beneficial to the interest of
the nation: and

iv.The state shall give priority to the protection

of the environment and also to the prevention
from further damage due to the physical
activities by increasing the awareness of the
general public about environmental
cleanliness, and the state shall also make
arrangements for the special protection of
rare wildlife, forest and vegetation
Regulatory Framework to Environmental
Protection in Nepal
The Environmental Protection Act (EPA) 1996 and the
Environmental Protection Regulations (EPR) 1997 are
the major legal documents for environmental
protection in Nepal.

Primary objectives of these documents at national

level are:
Propose measures for environmental protection by
undertaking environmental inspection,
Monitor pollution by establishing research centers
and laboratories,
Establish Environmental Protection Council and Fund
Provide incentives and rewards to businesses
Award compensation for adverse environmental
impacts

The Local Self Governance Act 1998 empowers local

authorities (VDCs, DDCs and Municipalities) to
Nepal’s Institutional Framework to Environmental Protection
Council of Supreme
Ministers court
Parliament
•Civil Society National
Press
Development
Council

National Planning
NGOs, INGOs
Commission
Parliamentary Media
Committee on
N R& Environm- Water & Energy
•Academic ental protection Council
Institutions
Key Ministries Multilat-
(MOEST, eral
MOFSC Funding
Ind. Com & Sup, Agencies
•Local Bodies Environmental Agri & Coops,
Protection Local Dev.
Council Water res,
Phys Plan &
Cons)
Enforcement of the Environmental Laws in
Nepal
Environmental laws in Nepal can be divided into two
Broad categories
Direct Laws: legal provisions designed specifically for
the protection of the environment Such as the EPA
1996, EPR 1997, EIA guidelines 1993.
Indirect laws: legal provisions that indirectly
influence the environmental management process
and aimed at promoting sector specific development
programs such as Pesticide Act 1992, Industrial
Enterprise Act 1992, the Forest Act 1993 etc.

Direct laws are enforced by MOEST and Indirect laws

by concerned ministries.
MOEST is also the authority to monitor the
environmental performance of the ministries and
other governmental authorities
Nepal & International Environmental
laws
As of 2006, Nepal is a signatory of 21
international conventions related to the
environmental protection (not all ratified)

The development plans succeeding the

Eighth 5-year plan in particular show strong
commitment to international environmental
treaties.

The international environmental

commitments are brought into action at
national level by the National Planning
Commission (NPC), ministries e.g. MOEST,
 Nepal & International Environmental laws
Following are the major international treaties that
Nepal is Part of and the year they came into force:
UN Framework Convention on Climate Change -1994
(UNFCCC)
Vienna Convention on the Protection of the Ozone
Layer -1994
Convention on Biological Diversity- 1994,
UN Convention to Combat Desertification-1997
Convention on International Trade in Endangered
Species of Wild Flora and Fauna- 1975 (CITES)
Ramsar Convention of Wetlands- 1988,
International Tropical Timber Agreement - 1990
Convention on Persistent Organic Pollutants (2002) –
only signed

 Convention on the high seas (1963)

Efficiency of Environmental regulations in
Nepal
The effectiveness of environmental regulations
in Nepal has found to be weak, mainly
because of following reasons (ADB & ICIMOD
report 2006)

Weak mechanisms of control and

supervision,
Lack of skilled human Resources and
technology
Inefficiency of public administration
Political instability and lack of political will
Lengthy decision making (bureaucratic)
process