EIA Country Report for Nepal

Legal Framework
State, Country or Province: 
Nepal
EIA law: 
Environment Protection Act, 2053 (1997) (English translation)
EIA Regulations: 
Environment Protection Rules, 2054 (1997) (English translation)
EIA Procedure
Projects Requiring EIA: 
Government projects
Projects Requiring EIA: 
Private projects
Abridged Assessments: 
Yes
Assessments Detail: 
An Initial Environmental Evaluation (IEE) must be prepared for proposals listed in Schedule 1 of the Environment Protection Rules. IEE is defined as "a report on analytical study or evaluation to be prepared to ascertain as to whether, in implementing a proposal, the proposal does have significant adverse impacts on the environment or not, whether such impacts could be avoided or mitigated by any means or not." EP Act, sec. 2(f)
Best Practices in Lieu of EIA: 
No
Who Conducts Screening: 
Government
Who Conducts Screening Detail: 
After reviewing an Initial Environmental Evaluation (IEE), the "concerned agency may issue [an] order to carry out Environmental Impact Assessment of the proposal." EP Act, sec. 6(2)
Criteria for Screening: 
List or appendix of project or activity types
Criteria for Screening Detail: 
See Schedule -1 and -2 of Environment Protection Rules
Who Prepares EIA: 
Project Proponent (with or without contractor)
Who Prepares EIA Detail: 
EP Rules, sec. 3
Who Pays for EIA: 
Project Proponent
EIA Contractor Qualifications: 
No
Conflict of Interest: 
No
Terms of Reference (TOR): 
Yes
Terms of Reference Detail: 
The Ministry shall determine the scope of the EIA as proposed (by the proponent) or in revised form. EP Rules, sec. 4(5) (Note: English translation is not entirely clear) The proponent also prepares a work schedule for the EIA that must be approved by the Ministry. EP Rules, sec. 5(2)
Days for Decisionmaker Review: 
60 days (may be extended by 30 days)
Automatic Approval: 
No
Written Decision Detail: 
The law and regulations are silent as to whether the decision must be issued in writing - see EP Rules, sec. 11 ("Power to Grant Approval to Implement Proposals")
Authority to Impose Conditions: 
Yes
Authority to Impose Conditions Details: 
The concerned agency or Ministry may grant approval with prescription of necessary terms. EP Act, sec. 6(6)
Expiry of Decision: 
Indefinite
Financial Assurances or Bond: 
No
Financial Assurances Detail: 
Not addressed in law or regulations.
EIA Content
Interdisciplinary Team: 
No
Range of Alternatives: 
Yes
Range of Alternatives Detail: 
EP Rules, Schedule 6(7)
No Action Alternative: 
Yes
No Action Alternative Detail: 
The EIA must contain an "[a]nalysis of the consequences of the non-implementation of the proposal" EP Rules, Schedule 6(7)
Type(s) of Impact Analysis: 
Direct environmental impacts
Type(s) of Impact Analysis: 
Cumulative environmental impacts
Mitigation: 
Yes
Mitigation Detail: 
The EIA must "mention practical preventive measures to be adopted for all activities which could have a negative impact on the environment." The effectiveness of preventive measures must be analyzed. EP Rules, Schedule 6(8)
Monitoring Plans: 
Yes
Monitoring Plans Detail: 
The EIA must "mention the procedure of monitoring the impact of the implementation of the proposal on the environment, as well as the monitoring agency, time schedule, monitoring and evaluation indicators[.]" EP Rules, Schedule 6(11)
Access to Information
Draft EIA Available: 
No
Draft EIA Locations: 
Not Available
Public Notice of Final EIA: 
Yes
Public Notice of Final EIA Detail: 
The Ministry shall arrange so that all the general public may copy the report, by oneself, to render opinions and suggestions on the report. EP Act, sec. 6(3); see also EP Rules, sec. 11(2) (notice shall be published in any daily newspaper)
Final EIA Available: 
Yes
Final EIA Available Detail: 
The law and regulations do not specify where the EIA report must be made available.
Final EIA Locations: 
Agency or ministry office
Availability of Reference Studies: 
No
Public Notice of Final Decision: 
No
Public Notice of Final Decision Detail: 
It is not clear from the law or regulations whether the public receives notice of the Ministry's decision to approve or reject a proposal.
Public Participation
Public Scoping: 
Yes
Public Scoping Detail: 
For any proposal requiring an EIA, the proponent must publish a notice in any national level newspaper, requesting the Village Development Committee or Municipality where the proposal is to be implemented, as well as the schools, hospitals, health posts and concerned individuals or institutions of the area, to offer in writing their suggestions concerning the possible impact of the implementation of the proposal. The public is given 15 days to comment. EP Rules, sec. 4(1), (2)
Public Review of TOR: 
No
Public Review of TOR Detail: 
No addressed in the law or rules.
Public Participation Opportunities: 
Scoping
Public Participation Opportunities: 
Public meetings and/or public hearings
Public Participation Opportunities: 
Review of final EIA
Public Meetings: 
Yes
Public Meetings Detail: 
During the course of preparing the EIA report, the proponent must hold a public hearing in the village or municipality where the proposal is to be implemented and collect opinions/suggestions. EP Rules, sec. 7(2)
Public Input at Meeting: 
Yes
Public Input at Meeting Detail: 
The proponent shall collect "opinions and suggestions" from the public. EP Rules, sec. 7(2)
Criteria to Hold Public Meeting: 
Public meeting and/or hearing is automatically required
Days for Public to Review Final EIA: 
30
Public Comments on Final EIA: 
Yes
Public Comments on Final EIA Detail: 
The Ministry publishes notice that the EIA is available and the public has 30 days to offer "opinions and suggestions." EP Rules, sec. 11(2)
Response to Public Comments: 
Yes
Response to Public Comments Detail: 
The Ministry must consider the EIA report "in the light of" opinions and suggestions received by the public and any expert committee, if one has been formed to review the report. EP Rules, sec. 11(4)
Facilitation of Public Participation: 
No
Facilitation of Public Participation Detail: 
Not addressed in the law or regulations.
Judicial Review/Enforcement
Citizen Administrative Review: 
No
Citizen Judicial Review: 
Yes
Citizen Judicial Review Detail: 
"A person who is not satisfied with the decision or order made by the prescribed authority may appeal to the concerned Appellate Court within thirty five days from the date of the decision or order." EM Act, sec. 19
Project Monitoring: 
Yes
Project Monitoring Detail: 
"The concerned body shall monitor and evaluate the impact of the implementation of the proposal on the environment. (2) In case where it is found in the course of carrying out monitoring and evaluation under Sub-Rule (1) that the actual impact is higher than the one specified in the conditions prescribed at the time of approving the proposal, the concerned body shall issue necessary directives to the proponent to adopt measures to reduce or control such impact and it shall be the duty of the concerned proponent to comply with such directives." EP Rules, sec. 13(1), (2). The Ministry must "carry out an environmental examination of the environmental impact of the implementation of the proposal and measures adopted for reducing such impact. . . and maintain updated records thereof." EP Rules, sec. 14
Enforceability of EIA: 
Yes
Enforceability of EIA Detail: 
A cause of action may be available. According to the Environment Protection Rules, the proponent "shall mandatorily comply with the matters mentioned in the [EIA] report, as well as the conditions prescribed by the concerned body of the Ministry, while implementing the proposal." EP Rules, sec. 12. Citizens may be able to enforce this requirement through public interest litigation to protect their right to a healthy environment.
Enforceability of Permit: 
Yes
Enforceability of Permit Detail: 
A cause of action may be available. According to the Environment Protection Rules, the proponent "shall mandatorily comply with the matters mentioned in the [EIA] report, as well as the conditions prescribed by the concerned body of the Ministry, while implementing the proposal." EP Rules, sec. 12. Citizens may be able to enforce this requirement through public interest litigation to protect their right to a healthy environment.
   Updated 19 Jun, 2014