| Section | Highlights of Environmental Protection Act (EPA 2076) 2019 |
| Section 3 (Chapter 2) | Prepare Environmental Study Report |
| Sub Section 3.1 | A proponent must prepare an environmental study report for a proposal as prescribed. |
| Sub Section 3.2 | The environmental study report prepared in accordance with subsection (1) must be submitted for approval to the following body in accordance with the prescribed process: (a) To the prescribed body in the case of a brief environmental study report or preliminary environmental examination of a development project of national priority, a project to be implemented upon Investment Board approval, a project of national pride, a development or construction work or project falling under the jurisdiction of the Federation in accordance with the prevailing, a project that necessitates construction work in more than one province, or a project specified by the Government of Nepal, and to the Ministry in the case of an environmental impact assessment, (b) In the case of a proposal relating to development, construction work, or a project pertaining to a matter falling under the jurisdiction of the Provincial Government, to the body prescribed by the relevant Provincial law, (c) In the case of a brief environmental study report or initial environmental examination report on a proposal relating to development, construction work, or project pertaining to a matter falling under the jurisdiction of the local level, to the body designated by the concerned local law, and in the case of an environmental impact assessment report, to such body of the provincial government as prescribed by the provincial government. |
| Sub Section 3.3 | Notwithstanding anything in sub-sections (1) or (2), nothing prevents the approval of environmental study reports submitted for approval at the time of the Act’s commencement in accordance with the legal provisions in effect at the time of submission. |
| Sub Section 3.4 | Notwithstanding anything else in this section, an environmental study report is not required for reconstructing a heritage considered an ancient monument in accordance with the law relating to ancient monuments. |
| Sub Section 3.5 | In preparing an environmental study report, the proponent must hold a public hearing on the proposal as prescribed. |
| Section 4 | Provision for detailed analysis of the alternatives of the proposal |
| Sub Section 4.1 | The proponent shall conduct a detailed analysis of the potential adverse environmental effects of implementing such a proposal, as well as various alternatives for mitigating such effects, and recommend the alternative that is appropriate for implementing the proposal, as well as the grounds and reasons why that alternative is implementable. |
| Sub Section 4.2 | In preparing the environmental study report required by subsection (1), the proponent shall include, among other things, the potential short-term, mid-term, and long-term environmental effects of project implementation, as well as the method and process to be used to mitigate those effects. |
| Section 5 | Scoping and work schedule |
| Sub Section 5.1 | Prior to preparing the environmental study report of any proposal pursuant to this Act, the concerned body must approve the scope of such a proposal, in the case of a brief environmental study and initial environmental examination, and the scope and work schedule, in the case of an environmental impact assessment. |
| Sub Section 5.2 | Other provisions concerning the scoping and preparation of the work schedule referred to in subsection (1), as well as its approval, shall be as prescribed. |
| Section 6 | Standards and quality to be maintained: |
| Sub Section 6.1 | In preparing an environmental study report in accordance with this Act, the proponent shall ensure that the standards and quality determined by the Government of Nepal are maintained. |
| Sub Section 6.2 | If the report is submitted in violation of the standards or qualifications referred to in sub-section (1) or without complying with such standards, the consultant who prepared the report shall be barred from preparing an environmental study report for a period of not more than five years. |
| Section 7 | Environmental study report to be approved |
| Sub Section 7.1 | If an environmental study report prepared in the context of the implementation of any proposal pursuant to Section 3 is received, the concerned body shall conduct the necessary investigation into the report. |
| Sub Section 7.2 | The concerned body may form a committee comprised of a representative of that body, representatives of the relevant bodies concerned with the proposal, and, if necessary, a subject expert to investigate the environmental study report received pursuant to subsection (1) and provide advice and suggestions. |
| Sub Section 7.3 | If, after reviewing the environmental study report received pursuant to sub-section (1), it appears that additional environmental study is required in relation to such a proposal, the concerned body shall direct the proponent to conduct, or cause to be conducted, the preliminary environmental examination in the case of the brief environmental study or the environmental impact assessment in the case of the brief environmental study. |
| Sub Section 7.4 | In accordance with the order issued under subsection (3), the proponent shall conduct additional research and submit a report to the relevant body. |
| Sub Section 7.5 | If, after conducting an investigation in accordance with this Section, it is determined that the implementation of such a proposal will not have a significant adverse impact on the environment, the concerned body shall approve such an environmental study report, after specifying the terms and conditions to be observed by the proponent, as required. |
| Sub Section 7.6 | All other provisions relating to the approval of the environmental study report must be followed. |
| Section 8 | Proposal not to be implemented |
| Sub Section 8.1 | No one shall implement or cause to be implemented any proposal unless the environmental study report has been approved in accordance with this Act. |
| Section 9 | Strategic environmental assessment: |
| Sub Section 9.1 | Prior to the implementation of any policy, program, or project specified by the Government of Nepal through a notification in the Nepal Gazette, a strategic environmental analysis of such policy, program, or project shall be carried out. |
| Sub Section 9.2 | Other provisions concerning strategic environmental analysis shall be as prescribed. |
| Section 10 | Environmental Management Plan |
| Sub Section 10.1 | Prior to the implementation of a proposal, the proponent must prepare an environmental management plan in accordance with the requirements. |
| Sub Section 10.2 | In preparing the environmental management plan required by subsection (1), the proponent must specify which measures to mitigate environmental adverse impacts will be implemented during the construction of the project and which will be implemented after the project’s completion or during its implementation. |
| Sub Section 10.3 | If it appears that the measures to mitigate environmental adverse impacts outlined by the proponent in the environmental management plan outlined in subsection (2) are ineffective, the concerned body may direct the adoption of other effective measures, and the concerned proponent shall comply. |
| Sub Section 10.4 | The proponent shall develop a clear action plan for the implementation of the environmental management plan prepared in accordance with sub-section (1), implement it, and submit a progress report to the concerned body every six months after the start of project implementation. |
| Sub Section 10.5 | Priority shall be given to the operation of the program through the local community affected by the proposal’s implementation when adopting measures to mitigate environmental adverse impacts during the implementation of the environmental management plan referred to in sub-section (1). |
| Section 11 | Supplementary environmental impact assessment to be made |
| Sub Section 11.1 | If a revision in the physical infrastructure, design, or form, transfer, or alter the structure of any project for which the environmental impact assessment report has been approved pursuant to Section 7, add the forest area, or increase the capacity of the project is required, the proponent shall conduct a supplementary environmental impact assessment to determine whether the operation of such a project is feasible. |
| Sub Section 11.2 | In order to conduct the supplementary environmental impact assessment required by subsection (1), the proponent must submit an application to the concerned body, along with an analysis of the reasons for making changes in various components of the project and potential adverse environmental impacts from such changes, a comparative table based on environmental indicators, and other necessary justifications. Except where the concerned body has directed the proponent to submit a supplementary environmental impact assessment report, the proponent is not required to file an application. |
| Sub Section 11.3 | If the content is found to be reasonable after conducting an investigation into the application received under subsection (2), the concerned body may grant permission for a supplementary environmental impact assessment study as prescribed. |
| Sub Section 11.4 | All other provisions relating to the supplementary environmental impact assessment must be followed. |
| Section 35 | Chapter 6: Fine and Compensation: Fine |
| Sub Section 35.1 | If any person commits the following act, the relevant body may punish that person as follows: (a) A fine of not more than five hundred thousand rupees if, in the case of a proposal for which the brief environmental study report must be approved, the proposal is executed without having it approved or in a manner inconsistent with the approved report. (b) A fine of not more than one million rupees if any proposal is carried out without the approval of the initial environmental examination or in a manner inconsistent with the approved report. (c) A fine of not more than five million rupees if, in the case of a proposal for which an environmental impact assessment report must be approved, the proposal is carried out without having it approved or in a manner inconsistent with the approved report. |
| Sub Section 35.2 | The concerned body can order an immediate stop to an act, approve an environmental study report if not approved, or improve the act if inconsistent with the report, and may impose a three-fold fine if not complied with. |
| Sub Section 35.3 | If an individual acts inconsistently with the Act or its rules, guidelines, or norms, the concerned body may restrict their actions and punish them with a fine of up to three hundred thousand rupees, or impose a three-fold fine if not complied with. |
| Sub Section 35.4 | If the act referred to in the order issued under subsections (2) or (3) is not performed, the act shall be restricted, and the concerned body shall send a request, accompanied by a recommendation, to take the necessary action to blacklist such a person or body. |
| Sub Section 35.5 | If such a person or body is recommended under sub-section (4), the Department shall, if the content is reasonable, blacklist such a person or body for a period of one to five years |
| Sub Section 35.6 | Notwithstanding anything in subsections (4) and (5), the Department shall conduct the necessary investigation into noncompliance with the order issued by it and take the action specified in subsection (5). |
| Sub Section 35.7 | If a body is blacklisted under subsection (5), that person or body may not submit any proposal in that body’s name or any name associated with that person or body for the duration of the blacklisting. |
| Sub Section 35.8 | Before imposing the fine referred to in this section, the person, body, or project to be blacklisted must be given a reasonable opportunity. |
| Section 38 | Environment protection plan to be developed: (1) The Government of Nepal may develop and implement an environment protection plan with the goal of preserving and promoting a clean and healthy environment. |
| Section 39 | Monitoring and inspections to be performed: |
| Section 39.1 | The Ministry or Department may conduct monitoring and inspections to determine whether or not this Act or the rules, guidelines, procedures, or standards established by it have been implemented. |
| Section 39.2 | In order to protect and conserve the environment within its jurisdiction, the provincial government or local level may conduct monitoring and inspection to determine whether or not this Act or the rules, guidelines, procedures, or standards framed under this Act have been implemented. |
| Section 39.3 | Other provisions relating to monitoring and inspection to be carried out in accordance with subparagraphs (1) or (2) must be as prescribed. |
| Section 45 | Power to frame guidelines, procedures, and standards: Without prejudice to this Act and the rules framed under this Act, the Government of Nepal may frame and enforce necessary guidelines, procedures, and standards. |
| Rule | Highlights of the Environmental Protection Regulations (EPR) 2020 |
| Rule 3 | BES, IEE and EIA reports are to be prepared as per Schedules 1 and 2 respectively. |
| Rule 4 | The proponent should prepare and submit a scoping report to the concerned agency or to the MoE for approval and, at the same time, publish an advance public notice which solicits the opinions and concerns of stakeholders over a 7-day period. |
| Rule 5 | For BES as per schedule 6, for IEE as per Schedule 7 the proponent should prepare and submit the ToR to the concerned agency for approval; for an EIA report as per Schedule 8, the proponent should prepare and submit the ToR to the MoE for approval. |
| Rule 6 | Conduction of Public Hearing: As per EPA Section 3, the proponent should conduct a public hearing at the project implantation area and collect the opinions and suggestions of the public. |
| Rule 7 | Preparation of Environmental Study Reports |
| Sub Rule 7.1 | The proponent should prepare a BES/IEE/EIA study report in accordance with Rule 4 Scoping Document, ToR as per Rule 5, and opinions and suggestions received from the public as per Rule 6. |
| Sub Rule 7.5 | The BES report should be prepared as per the format given in Schedule 10 of the EPR, IEE as per Schedule 11, and EIA as per Schedule 12. |
| Sub Rule 7.6 | The proponent should prepare an environmental study report with the involvement of experts as per Schedule 13. |
| Sub Rule 7.7 | Environmental study reports, SD, and TOR prepared as per this regulation should be prepared in Nepali. |
| Sub Rule 7.8 | In the case of the foreign investment in the project environmental study reports, SD and TOR prepared as per this regulation can be prepared both in English and Nepali. |
| Rule 8 | Submission of an environmental study report for approval |
| Sub-Rule 8.1 | The proponent should submit the BES, IEE, and EIA reports to the concerned departments or ministries and the EIA reports to the MOFE for approval in accordance with Rule 3 Sub rule 2 of the Act. |
| Sub-Rule 8.8 | The environmental study report should be prepared and submitted to the concerned local governments and sectoral offices as per Schedule 14. |
| Sub-Rule 8.11 | The proponent should submit BES, IEE, and EIA reports for approval within two years from the date of approval of the ToR and SD study reports. |
| Rule 9 | Approval of Environmental Study Reports |
| Sub Rule 9.1 | The concerned agency shall evaluate or review submitted environmental study reports as per Rule 8. |
| Sub Rule 9.2 | The concerned body shall review the environmental study reports subject to sub-section (2) of Rule 7 of the Act. |
| Sub Rule 9.6 | In the case of EIA reports received under Rule 8, the concerned body shall publish a seven-day public notice in any national daily newspaper for the collection of opinions. By downloading such reports from the website of the concerned body, the site is open to the public. |
| Sub Rule 9.7 | Subject to sub-rule (6), on publication of the list, any person or institution shall send their complaints to the concerned authority within the stipulated time. |
| Sub Rule 9.8 | Including the opinion received after completing the process of the environmental study reports mentioned in this rule within the framework of environmental studies, the response of such a proposal to the environment will be examined. In cases where a significant adverse environmental impact will not occur, the concerned body shall approve the study reports within 15 days for BES and IEE and 35 days for EIA. |
| Rule 11 | General Procedures for Supplementary Environmental Impact Assessment |
| Sub Rule 11.1 | Rule 11 of this Sub-Rule (3) is subject to the provisions of the supplementary environmental impact assessment. The concerned body can grant permission for the SEIA study. |
| Rule 12 | Provision for Revised BES and IEE reports: After approval of BES and IEE study reports, relevant bodies shall approve the revision of study reports if the report has undergone changes in physical infrastructure, design, increase in capacity, change in form or structure, reduced capacity of the project, or increased or reduced numbers of trees to be felled. |
| Rule 13 | Implementation of the Proposal: (1) Environmental study of any proposal by the proponent, If the proposal is accepted, it shall be implemented within three years of its approval. |
| Rule 45 | Environmental Protection Plan |
| Sub Rule 45.1 | The proponent shall monitor the project activities and their impacts during the construction and operation of the project, prepare a monitoring report, and submit it to the concerned agency. |