People violating certain environmental rules will have to pay a fine of up to Rs 2.5 million under the proposed new environmental law.
The proposed ‘Environment Protection First Amendment Bill’, prepared by the Ministry of Environment and Forest and forwarded to the sub-committee for discussion by a Cabinet meeting of July 30, states that the failure to comply with the standard of Environmental Impact Assessment (EIA) could result in a fine of Rs 0.5 million to Rs 2.5 million.
According to the existing Environment Protection Act- 2053 and Environment Protection Act -2054, any project with a capital of Rs 250 million and using a forest area of over 5 hectors should get the EIA approval before starting the work.
Any project built in the protected area should compulsorily get the EIA approved. The project will be fined Rs 50,000 to Rs 100,000 if they operate the project or build any infrastructure without EPA approval.
Though the ‘Environment Protection First Amendment Bill’ forwarded to the Cabinet sub-committee has not changed the standard for Environmental Impact Assessment (EIA), it has increased the fines up Rs 2.5 million. “The Bill has been tabled so as to maintain a balance between environment and development,” said Dhananjaya Poudel, Spokesperson at the Ministry of Forest and Environment.
Small projects that do not fall under the EIA standard should do Initial Environmental Impact Evaluation(IEE). The bill has proposed granting the right to do IEE to local level. Prior to this, the Ministry of Environment had been doing the EIA and the concerned ministry had been doing the IEE.
The ‘Environment Conservation First Amendment Bill’ has a provision to impose a fine up to Rs 100,000 on the people involved in polluting rivers, rivulets and public places. Earlier, there was a legal provision to fine up to Rs 50,000.
The first point of the Article 30 of Nepal’s Constitution under ‘right to clean environment’ regarding the fundamental rights states, “Every citizen has the right live in a clean and healthy environment.” The Ministry Spokesperson said the new legislation is being made by embracing the same spirit of the constitution.
“People affected by environmental degradation or pollution would be provided compensation from the polluters,” states a provision of the first amendment.
Thought the proposed legislation has a provision of fine up to Rs 100,000, the compensation amount to be paid by the offender to the victim has not been fixed. “We will prepare the basis for compensation and mention it in the regulations.”
The third point in Article 30 of the Constitution of Nepal 2072 states, “This Article cannot be deemed an obstacle in making necessary legal arrangement for maintaining a balance between the environment and development in the nation’s development.
The Ministry of Forest and Environment had initially drafted the amendment bill so as to include the effect the climate change. However, the issue has not been included in the amendment bill after the Ministry of Law and Parliamentary Affairs said the law on fundamental rights should be brought in the first phase.
The Environment Protection First Amendment Bill, which is currently at the Cabinet sub-committee for discussion, should be endorsed by the Parliament and forwarded it to the president for authentication before implementing it as an Act.
