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Environment Protection Act, 2053 (1997) in Nepal

by Deepak Subedi | 14-10-2018 12:58 recommendations 0

Environment Policies in Nepal

Environment Protection Act, 2053 (1997)

Act No 24 of the year 2053 (1997)

An Act Made to Provide for the Protection of Environment

I have presented Section 7 and Section 18 of Act No 24 of the year 2053 (1997) i.e. Environment Protection Act, 2053 (1997)

Prevention and Control of Pollution: Section 7

(1) Nobody shall create pollution in such a manner as to cause significant adverse impacts on the environment or likely to be hazardous to public life and people's health, or dispose or cause to be disposed sound, heat radioactive rays and wastes from any mechanical devices, industrial enterprises, or other places contrary to the prescribed standards.

(2) If it appears that anyone has carried out any act contrary to Subsection (1) and caused significant adverse impacts on the environment, the concerned agency may prescribe necessary terms in regard thereto or may prohibit the carrying out of such an act.

(3)If it appears that the use of any types of substance, fuel, tools or device has caused or is likely to cause significant adverse impacts on the environment, the Ministry may, by a notification in the Nepal Gazette, forbid the use of such substance, fuel, tools or device.

(4) Other provision relating to the prevention and control of pollution shall be as prescribed.

Punishment: Section 18

 (1) In case any person carries out any act without getting a proposal approved under Section 6 or any act contrary to the approved proposal, the prescribed authority may stop such act immediately, and if any person or organization has done such act, may according to the degree of offence punish him/her with a fine up to one hundred thousand rupees.

(2) In case any person commits any other acts contrary this Act or the Rules or guidelines framed here under, the prescribed authority may require stopping such act immediately, and if any person or organization has done such act, punishing him/her, according to the degree of the offence, with a fine up to fifty thousand rupees.

My view in two sections of this law

My country is still following the policy of 1997A.D.  which do not have any classification of pollution and major pollution i.e. plastic pollution is not mentioned here. This policy is not strict so that pollution is increasing day by day. Regarding punishment Rs 50,000=$500 cash payment is good, but it is not implemented, if this policy implement properly then pollution will be reduced. Government must bring policy for plastic pollution and its management and punishment policy must me properly implemented.

 

 
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8 Comments

  • Hema Sapkota says :
    Greetings Deepak
    I hope you are doing well!
    Thank you so much for this report!
    Keep writing
    Green cheers
    Regards
    Hema
    Posted 22-03-2020 11:07

  • Basanta Adhikari says :
    Greetings deepak
    I hope you are doing well

    Thank you so much for this report.
    I hope to read more from you.
    Keep up with great works
    Green cheers
    Regards
    Basanta
    Posted 16-03-2020 04:04

  • Joon Ho Mentor says :
    Hello Deepak, such a good opportunity to get to know the environment protection act and relative articles of Nepal. My country also does have laws like the act you mentioned above, and I think this act is related with the polluter-pay principle (PPP). For those who intentionally or accidentally pollute the area, air or water, it is reasonable for them to be responsible for their activities. However, not just imposing penalty fees on them but it is important for all of us to get rid of the pollution in a short time, preventing further pollution and devastation of ecosystem. To support and back up this system, 'public responsibility act' also does exist to remind all of us of being responsible for our common goods and environment too.
    Thanks for introducing the environment act of Nepal, and please introduce more acts or laws like this one to us later on too! If you do read or get to know good ones :)
    Posted 17-10-2018 22:17

  • Gyeongrin mentor says :
    Hello Deepak
    Policies should be updated as things are fastly changing day by day and these should go under consideration. The list of materials that are regulatetd should be updated regarding new technological discoveries. Also, punishment should be enforced but we still should be aware that that isnt the ultimate way to improve environmental issues. The most importatnt things will be to have better education systems setteld in the society so that people could voluntarily protect the environment.
    Thanks for the report :)
    Posted 16-10-2018 15:40

  • Israel Adeoye says :
    Thanks Deepak,

    Most of our countries have existing environmental protection policies but are not well implemented.

    We need to revisit and revise our policies with the mind of full implementation.

    Thanks for your report.
    Posted 15-10-2018 18:44

  • Deepak Subedi says :
    Exactly, Nikolay Law and policy should be amended. Thank you for yiur word in my report.
    Posted 15-10-2018 12:33

  • Nikolay Dagaev says :
    Hello Deepak! I agree that environmental laws are outdated and need to be updated. Especially in connection with the increasing pollution of plastic.
    I also agree that we need to toughen penalties.
    Thank you for a good report and good suggestions!
    Posted 15-10-2018 06:42

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