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Environment Protection Act, 2019 (2076).

Country
Type of law
Legislation
Source

Abstract
This Act provides for the protection of the environment with the proper use and management of natural resources, so as to protect the fundamental right of each citizen to live in a clean and healthy environment, provide the victim with compensation by the polluter for any damage resulting from environmental pollution or degradation, maintain a proper balance between environment and development, mitigate adverse environmental impacts on environment and biodiversity and face the challenges posed by climate change.
"Proposal" means a proposal prepared in regard to the carrying out of such development work, physical activity that may bring about change in the existing environmental conditions or any plan, project or programme which changes the land use. "Proponent" means a person or governmental, semi-governmental or non-governmental agency or institution that makes application for the approval of a proposal or that has got approval for the implementation of the proposal. A proponent shall prepare such an environmental study report of such a proposal as may be prescribed.
The Government of Nepal may determine necessary standards for the mitigation or doing away with the impacts of pollution from any motor vehicle, device, equipment, industrial enterprise, hotel, restaurant or other place or goods or activity or effects from the disposal or emission of any hazardous substance. No hazardous substance of any kind shall be imported into Nepal. The person or body that produces a hazardous substance shall be responsible for managing such a hazardous substance. A producer of a hazardous substance or person or body established under prevailing law may export hazardous substance by obtaining permission from the Ministry. The Ministry or Provincial Ministry may provide a pollution control certificate, as prescribed, to any industry that makes a significant contribution to the control of pollution.
In order to avoid adverse impacts and risks of climate change, the competent authorities may make and implement an adaptation plan at the national, provincial and local levels, respectively. The Government of Nepal may identify areas emitting green-house gas and determine their national reference level. There shall be an environmental protection and climate change management national council chaired by the Prime Minister, for the carrying out of acts relating to environmental protection and climate change at the national level in an effective manner. The Government of Nepal may participate in carbon trade with the mechanisms established by the international treaty, any foreign government or organization, business entity or private sector for the mitigation and conservation of carbon emission.
The Act further makes provisions, inter alia, for: functions, duties and powers of the environmental inspector; managing adverse impacts and risks of climate change; protection of national heritages and environment protection areas; fine and compensation.
Date of text
Repealed
No
Source language

English

Legislation Amendment
No
Original title
वातावरण संरक्षण सम्बन्धी कानूनलार्इ संशोधन र एकीकरण गर्न बनेको ऐन