EIA Law Matrix

EIA Law: The Environment Protection Act, 2019 (2076)

EIA Regulations: Environment Protection Rule, 2077 (2020) (Nepali)

Projects Requiring EIA: Government projects, Private projects

Abridged Assessments: Yes

Abridged 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 Proponents

EIA Contractor Qualifications: No

Conflict of Interest: No

Terms of Reference: 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 Decision Maker Review: 60 days (may be extended by 30 days)

Automatic Approval: No

Written Decision: N/A

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 Detail: 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 or Bond Detail: Not addressed in law or regulations.

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, 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)

Public Notice of Draft EIA: N/A

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

Fee to View EIA Documents: N/A

Availability of Reference Studies: No

Public Notice of Final Decision: No

Public Notice of Final Decision Detail: No

Public Scopingtigation: 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 a

Public Review of TOR: Yes

Public Review of TOR Detail: No addressed in the law or rules.

Public Participation Opportunities: Scoping, Public Meetings and/or public hearings, 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

Public Comments on Draft EIA: N/A

Public Comments on Final EIA: 30

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.

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 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.