Environmental Regulations Law in Nepal

Environmental Regulations Law in Nepal is the legal framework that governs the protection and management of the environment and natural resources, as well as the mitigation and adaptation of climate change. The main environmental law in Nepal is the Environment Protection Act, 2019 (2076), which replaced the previous Environment Protection Act, 1997 (2053). The Environment Protection Act, 2019 (2076) aims to:

•  Protect the fundamental right of each citizen to live in a clean and healthy environment

•  Provide compensation for environmental damage by the polluter

•  Maintain a proper balance between environment and development

•  Mitigate adverse environmental impacts on the environment and biodiversity

•  Address the challenges posed by climate change

The Environment Protection Act, 2019 (2076) covers various aspects and issues of environmental protection and climate change management, such as:

•  Environmental impact assessment and monitoring of development projects and activities

•  Pollution control and prevention standards and measures

•  Management of hazardous substances and wastes

•  Conservation and sustainable use of biological diversity

•  Promotion of renewable energy and clean technology

•  Establishment of environmental protection fund and climate change fund

•  Formation of national council, committees and authorities for environmental protection and climate change management

•  Penalties for non-compliance and violation of environmental laws

The Environment Protection Act, 2019 (2076) is based on the principles and guidelines of the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce 1996 and the UNCITRAL Model Law on Electronic Signatures 2001. These model laws provide a flexible and neutral legal framework for e-commerce transactions that can accommodate different legal systems and technological developments.

The Environment Protection Act, 2019 (2076) also seeks to align Nepal's environmental laws with the international standards and best practices, such as:

•  The United Nations Framework Convention on Climate Change (UNFCCC) and its protocols and agreements, such as the Kyoto Protocol, the Paris Agreement, the Cancun Agreements, etc.

•  The Convention on Biological Diversity (CBD) and its protocols, such as the Cartagena Protocol on Biosafety, the Nagoya Protocol on Access to Genetic Resources and Benefit-sharing, etc.

•  The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal

•  The Stockholm Convention on Persistent Organic Pollutants

•  The Minamata Convention on Mercury

•  The World Trade Organization (WTO) Agreement on Trade-related Aspects of Environmental Measures

•  The ASEAN Framework Agreement on Environment Cooperation

•  The SAARC Agreement on Cooperation in Environment

Besides the Environment Protection Act, 2019 (2076), there are other laws and policies that relate to environmental protection and climate change management in Nepal, such as:

•  The Constitution of Nepal, 2015, which guarantees the right to a clean environment as a fundamental right of every citizen

•  The National Climate Change Policy, 2019 (2076), which provides a vision, objectives, strategies and action plans for climate change mitigation and adaptation in Nepal

•  The National Adaptation Programme of Action (NAPA) to Climate Change, 2010, which identifies priority adaptation actions for Nepal in various sectors

•  The National Health Care Waste Standard and Operating Procedures, 2020, which provides guidelines for safe management of health care waste in Nepal

The environmental regulations law in Nepal is still evolving and developing to cope with the emerging challenges and opportunities of environmental protection and climate change management. It requires the coordination and cooperation of various stakeholders, such as the government agencies, the private sector, the civil society, the media and the public. It also requires the development of adequate infrastructure, technology, skills and awareness for environmental protection and climate change management in Nepal.