Wednesday, May 25, 2011

ACT AND TREATIES ON ENVIRONMENT

Some acts and treaties Nepal Government has signed on Environment related topics but most of them are limitted till paper work. Due to poor governance and lack of proper implementation, we are now facing different environment problems. Due drastic change is climate, we are not able to cultivate good amount of food which has leads to price hike as major problem of Nepal and followed with that here we had lots of pollution and unmanaged waste system despite of acts and treeties on waste management. Political unstability is the major hindrance for implementation such acts and treaties.

ACTS

Environment Protection Act, 2053 (1997)
An Act Made to Provide for the Protection of Environment
Preamble : Whereas, it is expedient to make legal provisions in order to maintain clean and healthy environment by minimizing, as far as possible, adverse impacts likely to be caused from environmental degradation on human beings, wildlife, plants, nature and physical objects; and to protect environment with proper use and management of natural resources, taking into consideration that sustainable development could be achieved from the inseparable inter-relationship between the economic development and environment protection.

Forest Act, 2049-10-5 B.S. (January 5, 1993 A.D.)
Forest (First Amendment) Act, Magh 21,2055(Feb. 4, 1999)
Act No. 49 of 2049 (1993)
An Act Made For Proper Management and Conservation of Forests
Preamble: Whereas it is expedient to meet the basic needs of the public in general, to attain social and economic development and to promote a healthy environment and to ensure the development and conservation of forest and the proper utilization of forest products and extend co-operation in the conservation and development of private forest by managing the national forest in the form of government managed forest, protected forest, community forest, leasehold forest and religious forest.

WATER RESOURES ACT,17 Pausa 2049 B.S (17 December, 1992 A.D)
PREAMBLE : WHEREAS, it is expedient to make arrangements for the rational utilization, conservation, management and development of the water resources that are available in the Nepal in the form of surface water, underground water or in what so ever form, and Whereas , it is expedient to make timely legal arrangements for determining beneficial uses of water resources, preventing environmental and other hazardous effects thereof and also for keeping water resources free from pollution.

Soil and Watershed Conservation Act, 2039.8.6 (21 November 1982)
Amending Act:
1. Forest Related Some Nepal Acts Amendment Act, 2048.12.30 (12 April 1992)
2. Strengthening Republic and Some Nepal Laws
Amendment Act, 2066.10.7 (24 Jan. 2010)
Act number 16 of the year 2039(1982)
An Act Made to Provide for Soil and Watershed Conservation
Preamble: Whereas, it is expedient to make legal provisions on the land and watershed conservation by controlling natural calamities such as flood, landslide and soil erosion and maintain convenience and economic interests of the general public.

Plant Protection Act, 2064.5.27 (13 Sept. 2007)
An Act Made to Provide for Protection of Plants
Preamble: Whereas, it is expedient to make legal provisions for preventing the introduction, establishment, prevalence and spread of pests while importing and exporting plants and plant products, promoting trade in plants and plant products by adopting appropriate measures for their effective control.

National Parks and Wildlife Conservation Act,28 Falgun, 2029 (March 7, 1973)
Amendment Act
1. National Parks and Wildlife Conservation (first Amendment) Act, 2031(1975).
2. National Parks and Wildlife Conservation (Second Amendment) Act, 2039(1982).
3. National Parks and Wildlife Conservation (Third Amendment) Act, 2046 (1989)
4. Administration of Justice Act, 2048 (1991)
5. National Parks and Wildlife Conservation (Fourth Amendment) Act, 2049 (1992).
Preamble: Whereas it is expedient to make arrangement for the management of national parks, conservation of wildlife and their habitat, regulate hunting and to conserve, promote, develop, and make appropriate arrangements for and the use of places which are of special importance from the point of view of natural beauty and to maintain good manners and welfare of the general public.

Solid Waste (Management and Resource Mobilization) Act, Kartik 1, 2044 (October 18, 1987)
Amendment
1. Solid Waste (Management and Resource Mobilization)
(First Amendment) Act, 2049 kartik 6, 2049 (October 22, 1992).
Preamble: Whereas, it is expedient to manage solid waste and mobilize resources related thereto and ensure the health convenience of the common people by controlling the adverse impact on pollution from solid waste.


Protocol for the Prohibition of the Use of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare
Geneva, 17 June 1925
(Acceded by Nepal on 9th May, 1969)
The undersigned Plenipotentiaries, in the name of their respective Governments:
(Here follow the names of Plenipotentiaries)
Whereas the use in war of asphyxiating, poisonous or other gases, and of all analogous liquids materials or devices, has been justly condemned by the general opinion of the civilized world; and
Whereas the prohibition of such use has been declared in Treaties to which the majority of Powers of the world are Parties; and to the end that this prohibition shall be universally accepted as a part of International Law, binding alike the conscience and the practice of nations.

Nepal Petroleum Act, 2040-6-24 (10 Oct. 1983)
Amendments
1. Administration of Justice Act, 2048 2048.2.16
2. Income Tax Act, 2058 2058.12.19
3. Republic Strengthening and Some Nepal Laws
Amendment Act, 2066 (2010) 2066.10.7 (21 Jan. 2010)
An Act made to provide for Petroleum
Preamble: Whereas, it is expedient to make legal provision with respect to the development of Petroleum resources occurring within the country in order to promote the welfare and economic interest of the people in general and the economic development of the nation.

Aquatic Animal Protection Act, 2017.8.29(13 December 1960)
1. Some Nepal Laws (Amending and Revalidating) Act, 2020.11.16 (28 March 1964)
2. The Administration of Justice, 2048.2.16 (30 May 1991)
3. The Aquatic Animal Protection (First Amendment) Act, 2055.10.7 (20 February 1997)
Act number 18 of the year 2017(1960)
An Act Made to Provide for Protection of Aquatic Animals and Other Matters Pertaining There to
Preamble: Whereas, it is expedient to make provisions on the protection of aquatic animals and other matters pertaining thereto in order to maintain peace and order as well as convenience and economic interests of the general public.

Explosives Act, 2018-2-13 (1961-05-26)
Amending Act Date of Authentication Date of Publication
1. Nepal Acts (Amendment) Act, 2018-7-30 (1961-11-15)
2. An Act Made to Amend Nepal Acts,  2018-8-23 (1961-12-08)
3. An Act Made to Amend, Repeal and Continue through Rearrangement of Nepal Acts, 2019-12-30 (1963-04-13)
4. The Explosives (First Amendment) Act, 2031-6-20 (1974-10-06)
5. The Explosives (Second Amendment) Act, 2048-7-14 (1991-10-31)
Act Number 8 of the year 2018 (1961)
An Act Made to Provide for The Production, Use, Sale, Transportation and Import of the Explosive
Preamble: Whereas, it is expedient to make arrangements for the production, storage, use, sale, transportation and import of explosives so as to maintain peace and order.

Motor Vehicles and Transport Management Act, 2049.9.22(6 January 1993)
Amendment Motor Vehicle and Transport Management
(First Amendment) Act, 2050 (1993)

The Pesticides Act,  2048.2.21.3 (Tuesday, 5 June 1991)
Act number 11 of the year (2048)
An Act Made to Provide for Pesticides
Preamble: Whereas, it is expedient to make provisions on the import, export, production, purchase, sale and use of the pesticides used to destroy fatal pests (kitanu) in various seeds, plants, trees, animals, birds etc..





TREATIES

Basel Convention on the Control of Trans boundary
Movements of Hazardous Wastes and Their Disposal (1989)
(Acceded by Nepal on 15th October, 1996)
Opened for signature on 22nd March 1989, Entered into Force May 5th, 1992

CONVENTION ON BIOLOGICAL DIVERSITY
(Ratified by Nepal on 23rd November, 1993)
(Rio de Janeiro, 5 June 1992) Entry into force: 29 December 1993

International Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter
(Ratified/Acceded by Nepal on 1st January, 1973)
Signed at Washington, London, and Moscow February 29th December, 1972

Montreal Protocol on Substances that Deplete the Ozone Layer (as agreed in 1987)
(Acceded by Nepal on 6th July, 1994)
Date & Place of Adoption: 16th September 1987, Montreal, Canada, Date of Entry
into Force: 1st January 1989

Treaty on the Prohibition of the Emplacement of
Nuclear Weapons and other Weapons of Mass
Destruction on the Seabed and the Ocean Floor and in
the Subsoil Thereof, 1971
(Ratified by Nepal on 6th July, 1971)
Signed at Washington,