Environmental Management Framework for Urban Governance ... · Planner and Mr. Kiran Giri, Sr....

Environmental Management Framework for

Urban Governance and Development Program: Emerging Towns Project (UGDP: ETP)

€Preparelf6y :

Project Coordination Office

(j)epartment ofVr6an (j)eveCopment and(]3ui{cfing Construction

:Jvtinistry ofPliysica{Pfanning andWor~

(]3a6armaliaf, :JVepa{

July, 2011

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Foreword

The Environmental Management Framework (EMF) was prepared for the Nepal Urban Governance and Development Program: Emerging Towns Project (UGDP: HP) to be implemented by the six municipalities: Itahari, Mehchinagar, Dhankuta, Lekhnath, Baglung and Tansen. The program is being implemented by MLD, Department of Urban Development and Building Construction (DUDBC), Town Development Fund (TDF) and the municipalities under the financial support from the World Bank and the technical support from GIZ/ SUNAG program. The SMF was prepared with the participation of all the above agencies and departments, who deserve special thanks for their support and cooperation.

I would also like to convey my gratitude to the UGDP and WB Team members, who were always willing and available to assist in conceptualizing the study framework and approach, developing research tools, accessing relevant documents, and providing helpful insights about different issues and thematic areas that needed to be covered under the study. I am particularly thankful to Mr. Salil Devkota, Environment Safeguard Consultant who assisted us in preparing this document. My special thanks are also due to Mr. Purna Kadariya, Secretary, MPPW, Mr. Ashok Nath Upreti, Director General; DUDBC; Mr. Reshmi Raj Pandey, Joint Secretary, Ministry of Local Development; Mr. Sushil Gyawali, Executive Director, Town Development Fund; Mr. Govinda Bahadur Karki, Under Secretary, and Mr. Rishi Raj Acharya, Under Secretary, Ministry of Local Development; Mr. Prakash Raghubanshi, Sr. Planner and Mr. Kiran Giri, Sr. Economist, DUDBC; Mr. Harka Chhetri, Manager and Mr. Binod Neupane, Deputy Manager, Town Development Fund and other staff members of DUDBC for their kind support for this study. Similarly, I would like to extend my sincere appreciation to Mr. Bala Krishna Menon, Task Team Leader and Mr. Satya N. Mishra, Social Development Specialist, Mr. Drona Ghimire, Environment Specialist of the World Bank for their substantive inputs and insights on different issues for preparing the study. Similarly, Dr. Horst Matthaeus (Program Manager GIZ/ SUNAG) and GIZ team are due for appreciation for the support to prepare the EMF.

I would also like to acknowledge the cooperation and efforts of the officials of six municipalities, who

managed to gather community members-women and men--and their respective organisations,

representatives of the political parties, local community structures and government bodies to interact

with our Environment Safeguard Consultant, often at very short notices, and providing all information

required for the study.

I appreciate the valuable comments, suggestions and information from all the participants of the

central and municipality level stakeholder consultations while collecting the required information and

feedbacks on the draft EMF. Similarly, I appreciate the comments provided by the participants of the

national workshop before finalizing the report. At the end, I would like to thank all the personnel and

organizations wl!o were involved directly or indirectly in preparing this document.

Dr. Mahendra Subba Director General Department of Urban Development and Building Construction Ministry of Physical Planning and Works Government of Nepal July, 2011

1

Table of Content

Acronyms ....................................................................................................................................................4

CHAPTER I: Introduction .........................................................................................................................5

1.1 Background of UGDP ........................................................................................................................5

1.2 Program Objectives and Components: .............................................................................................5

1.3 Environmental Management Framework (EMF) ...............................................................................6

CHAPTER II: Description of Program.....................................................................................................7

2.1 Program Components: ......................................................................................................................7

CHAPTER III: Approach and Methodologies followed in Preparing EMF ..........................................8

3.1 Approach and Methodologies ...........................................................................................................8

CHAPTER IV: Environmental Implications of UGDP ..........................................................................10

4.1 Brief Description of existing Environmental issues in Tarai and hill municipalities ........................10

4.2 Preliminary environmental situation of partner municipalities (with map): .....................................11

4.3 Specific environmental concerns of initial identified potential subprojects: ....................................13

4.3.1 Environmental Issues at sub project level ................................................................................13

4.4 Environmental Requirements of Sub Project Level Activities of UGDP .........................................17

4.5 Key Environmental Interventions Desired .......................................................................................18

4.6 Current Environmental Management Practices in Municipalities ...................................................20

4.7 Lessons Learned from Programs Learned by External Donors .....................................................24

CHAPTER V: Relevant Policies of Government of Nepal ..................................................................26

5.1 The Interim Constitution of Nepal, 2006: ........................................................................................26

5.2 Policies of GON Relevant to Environment and Development ........................................................26

5.3 Environment Related Legislations of GON Applicable to UGDP ....................................................28

5.4 Related Guidelines of GON ............................................................................................................33

5.5 International Conventions, Agreements related to UGDP ..............................................................35

CHAPTER VI: UGDP Implementing Institutions and Its Institutional Assessment.. ....................... 38

6.1 Implementing Institutions ................................................................................................................38

6.2 Institutional Arrangement of UGDP: NETP .....................................................................................38

6.2.1 Central Level Arrangement ........................................................................................................38

6.2.2 Municipal Level Arrangement ....................................................................................................41

6.3 Institutional and Capacity Assessment ...........................................................................................41

6.3.1 Ministry of Local Development (MoLD) .....................................................................................41

6.3.2 Department of Urban Development and Building Construction (DUDBC) .............................42

6.3.3 Town Development Fund (TDF) ................................................................................................42

6.3.4 Municipalities...............................................................................................................................44

CHAPTER VII: Environmental Management Framework (EMF) ....................................................... .47

7.1 Environmental Considerations in Project Planning Phase ............................................................ .47

7.1.1 Project Identification ...................................................................................................................47

7.1.2 EMP Implementation Phase ......................................................................................................51

7.1.3 Table of Content for an EMP, Sample EMP .............................................................................51

7.1.4 The roles and responsibilities of IDA.........................................................................................51

CHAPTER VIII: Consultation, Information Disclosure, and Grievance Redress Mechanism ........ 52

8.1 Consultation and Information Disclosure ........................................................................................52

8.1.1 Public Consultation .....................................................................................................................52

8.1.2 Information Disclosure and Dissemination ...............................................................................53

8.2 The Information and Consultation Framework ...............................................................................53

8.3 Grievances Redress Mechanism ....................................................................................................55

8.4 Monitoring and Reporting ................................................................................................................56

8.5 Monitoring Framework ....................................................................................................................57

2

8.5.1 Types of monitoring .................................................................................................................... 57

8.5.2 Monitoring phase ........................................................................................................................ 58

8.5.3 Monitoring cost, parameters, location, schedule and responsibilities .................................... 58

8.5.4 Contractors Compliance on ESMF ............................................................................................ 58

CHAPTER IX ............................................................................................................................................ 57

9.1 Institutional Arrangements for Implementing EMF ......................................................................... 60

9.2 Implementing Institutions ................................................................................................................ 60

9.3 Institutional Arrangement of UGDP: NETP ..................................................................................... 60

9.3.1 Central Level Arrangement ......................................................................................................... 60

9.4 Capacity Strengthening Plan for Implementing EMF ...................................................................... 62

9.4.1 Knowledge on policy, legal and administrative provisions ...................................................... 62

9.4.2 Training ........................................................................................................................................ 63

9.4.3 Human Resource Development ................................................................................................ 63

CHAPTER X: ............................................................................................................................................ 64

10.1 Consultation Report ........................................................................................................................ 66

Annexes Annex 1 : Environmental Factors to be considered during Project Planning and Identification

Phase Annex 2 : Priority Projects for the Six Municipalities as Identified by the Local Stakeholders during

Prefeasibility Study, 2010 Annex 3 National Standards Annex 4 Products B-anned for Imports Annex 5 Environmental Best Practices for Various Types of Urban Infrastructure Projects Annex 6 List of Activities Not Recommended from the Environmental Perspectives Annex 7 Screening Checklist Annex 8 Project Environmental Management Plan Annex 9 Terms of Reference of lEE (Schedule -3, Pertaining to Rule 5 of EPR) Annex 10 Steps and Requirements for lEE Studies for UGDP Sub Project Activity Annex 11 Sub Project Level Monitoring Format for UGDP Annex 12 Consultation Report Annex 13 Plans and Policies

List of Tables

Table 4.1 Environmental Issues at sub project level Table 4.2 Environmental Issues of municipality under UGDP program Table 4.3 Environmental Interventions Desired in UGDP Participating Municipalities Table 4.4 The current environment management practices in sub project level activities in

participating municipalities of UGDP Table 7.1 Role and Responsibilities of Stakeholders for EMF Implementation in Sub Project

Cycle of UGDP Table 8.1 Component: Socioeconomic Infrastructure (TDF) Table 9.1 Proposed capacity building activities for EMF Implementation in UGDP

3

Acronyms

COO DOC DFO DUDBC EAs EIA EIA EMF EMP EPA EPR FAR GON lEE MLD MOE MUAN NEPAP NPC PCO PCO PMT PMT NGO PWD PWD R&R RAP RF RoW RP SA SMF TDF TDF TLO TOR ToR UDLE UGDP VCDP VDC WB

: Chief District Officer : District Development Committee : District Forest Officer : Department of Urban Development and Building Construction : Environmental Assessment : Environmental Impact Assessment : Environmental Impact Assessment : Environmental Management Framework : Environmental Management Plan : Environmental Protection Act : Environmental Protection Rules : Financial Administration Regulations : Government of Nepal : Initial Environmental Examination : Ministry of Local Development : Ministry of Environment : Municipal Association of Nepal : Nepal Environmental Policy and Action Plan : National Planning Commission : Project Coordination Office : Project Coordination Office : Program Management Team : Program Management Team : Non Government Organization : Public Works Directive : Public Works Directives : Resettlement and Rehabilitation : Resettlement Action Plan : Resettlement Framework : Right-of-Way : Resettlement Plan : Social Assessment : Social Management Framework : Town Development Fund : Town Development Fund : Tole Lane Organization : Terms of Reference : Terms of Reference : Urban Development through Local Effort : Urban Governance Development Program : Vulnerable Community Development Plan : Village Development Committee : World Bank

© This Report remains the sole property of the Government of Nepal and cannot be quoted or used by anyone without prior written permission of the Ministry of Physical Planning and Works (MPPW), Government of Nepal

except in case of Mr. Salil Devkota, Environment Safeguard Consultant, who as the author of this report shares the

intellectual property rights with the Government of Nepal.

4

CHAPTER I

Introduction

1.1 Background of UGDP

The high rate of urbanization is exerting immense pressure on urban environment. The municipalities often do not have sufficient expertise and resources to deal with the rapid growth. With the enactment of the Local Self-Governance Act, 1999, municipalities have been given many responsibilities but there have not been adequate measures to enhance their capacities. As a result, many cities are facing environmental problems such as inadequate basic physical infrastructure, solid waste management, air pollution, and wastewater management, and with continued growth, the problems of urban poverty and informal settlements are also growing. Municipalities also lack adequate financial resources to provide basic urban services. This process is reshaping Nepal's economic and human geography. At the same time, Nepal wishes to strengthen the decentralization/devolution and local governance.

In the given context, the GON has requested the World Bank's assistance in the urban sector, particularly in secondary towns. GON is in the process of preparing Urban Governance and Development Program (UGDP) under the funding support from the World Bank. The program aims to build the capacity of selected municipalities to plan and implement basic infrastructure that will lead to increased economic opportunities and improved services for their residents.

1.2 Program Objectives and Components:

The overall objective of the program is to build the capacity of municipal authorities in secondary municipalities to plan and implement basic infrastructure that will lead to increased economic opportunities and improved services for their residents. The Program will be implemented in the six secondary municipalities selected through an independent pre-feasibility study. These are: Mechinagar Municipality (Jhapa District), Dhankuta Municipality (Dhankuta District), Itahari Municipality (Sunsary District), Lekhanath Municipality (Kaski Distrtict), Baglung Municipality (Baglung District), and Tasnsen Municipality (Palpa District).

Project location maps

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1.3 Environmental Management Framework (EMF)

The EMF defines the steps, processes, and procedures for screening, assessment, monitoring and management. In addition, the EMF will analyze environmental policies and legal regime of Nepal and safeguard policies of the Bank as well as institutional and capacity assessment for environmental management. The EMF is intended to be used as a practical tool during program formulation, design, implementation, and monitoring in UGDP.

The exact interventions and their sites are not known during the program preparation (these will emerge during the implementation). It is inappropriate to undertake environmental assessment of specific interventions. However, in order to identify, mitigate and manage adverse environmental impacts that are likely to arise from the activities of the program during implementation, EMF is required to ensure that environmental issues are dealt by in a proper and efficient manner meeting all the legal compliance requirements of GON, and the World Bank in UGDP.

EMF will be followed during project implementation for ensuring environmental integration in planning, implementation, and monitoring of project supported activities. For ensuring good environmental management in the proposed program, the EMF will provide guidance on pre-investment works/studies (such as environmental screening, environmental assessment, environmental management plans, etc), provide set of steps, process, procedure, and mechanism for ensuring adequate level of environmental consideration and integration in each investment in the subproject-cycle; and describes the principles, objectives and approach to be followed to avoid or minimize or mitigate impacts. The EMF contains the following:

a) Environmental factors that needs to be considered while planning and design of different categories of activities (sub project types) under the proposed program

b) Environmental screening criteria: criteria, process, procedures, steps, time, and responsibility as well as necessary tools (format, checklist etc) for environmental screening of the investment under the proposed program.

c) Environmental assessment guidelines: Steps, process and procedures to be followed in different levels of environmental assessment (limited or full assessment). This includes guidance on the sub project level baseline information, impact identification, assessment/assessment and designing mitigation measures, and in preparing environmental management plan.

d) EMF includes subproject/ activity level environmental monitoring framework. e) The EMF includes the institutional arrangement for implementing EMF, environmental code of

practices to be followed in sub project/activity level, capacity strengthening plan for environmental capacity of the involved parties in accordance with their role and functions, guidance on appropriate ways of holding consultations.

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Chapter II

Description of Program

2.1 Program Components:

The UGDP has four components, which are highlighted below.

Component 1: Capital grants for improving/rehabilitating socia-economic infrastructure. The capital grants will support expansion and/or improvement of essential infrastructure/services which are legally assigned to municipalities -such as local roads, drainage, sewage, solid waste, health & education infrastructure, parks, libraries, creches, street lighting, and so forth. The selection of investment priorities will be undertaken by each municipality based on pre-defined criteria and· transparent participatory process. The municipalities will be provided onsite support, as needed, to help manage the socio-economic development program. The municipalities will select investment priorities based on their periodic development plans prepared in consultation with key stakeholders. The overall funding envelope for each municipality will be determined on the basis of its population, socio-economic needs and past performance. However the actual commitments to a municipality will depend on factors such as financial sustainability of the municipality, readiness of a pipeline of feasible subprojects, the capacity of the municipality to undertake projects effectively, etc. The TDF - a state-owned corporate body established in 1989 - will manage this component under its regular product lines and standard operations. The TDF has been assisting municipalities in project initiation, feasibility studies, engineering design, and project implementation; it also performs due diligence in project appraisal, disbursement and civil works. Eligibility depends on a municipality's classification (A/B/C) and the nature of target infrastructure (social or economic infrastructure). Grants are provided for vital services (e.g. health, education); soft loans are available for priority urban services (e.g. drinking water, SWM, drainage); and regular loans support commercial services (e.g. bus terminals, markets). The project will aim to use existing TDF systems, to the extent feasible. The potential type of sub project under this category includes upgrading of roads, construction of market centers, construction of water supply system, conservation of lakes and construction of foot trails linking these lakes (Lekhnath municipality) etc. The project is of medium scale and budget ranges from US$ $1-$3 million.

Component 2: Block grants to the selected municipalities. The block grants will top up existing fiscal transfers from the Ministry of Local Development (MLD) to municipalities and will help local authorities maintain minimum service delivery standards, provide adequate O&M support to existing assets, as well as address urgent urban management and service delivery issues. The block grants will be managed by the MLD and channeled through its existing system of intergovernmental fiscal transfers. Under this component, minor environmental conservation work, small environmental conservation projects, minor infrastructure development related to environment protection, environmental awareness, preparation of environmental and social data base of the municipality etc shall be done. This component includes small scale activities with small budget ceiling.

Component 3: Support for Institutional Development. The ID component will help the selected municipalities attain greater capabilities in areas such as participatory planning, budgeting and public financial management, service delivery and project management. A key element of ID support will be the formulation of comprehensive socia-economic development plans in the selected municipalities. At the center, this component will aim to strengthen intergovernmental systems that support efficient and accountable urban local governments. The ID component will also strengthen existing M&E systems that track the performance of municipalities. This component includes TNA, training to municipal staff to enhance their capacity, outsourcing for conducting EAs, technology transfer, establishment of required unit and recruitment of manpower.

Component 4: Project Management. This component will support project coordination and management activities, both at the center and in the selected municipalities. Specifically, this will finance consultants in procurement, financial management, safeguards, and other core areas.

7

CHAPTER III

Approach and Methodologies followed in Preparing EMF

The EMF deals with the environmental issues associated with the planning, construction, and operational stages of UGDP, sub project and its activities. This EMF has been developed to ensure due diligence, to avoid any environmental degradation issues. The purpose of this framework also includes assisting the implementing agency in screening all the sub projects for their likely environmental impacts, identifying suitable mitigation measures and implementation of these measures though an environmental management plan

3.1 Approach and Methodologies

The EMF was prepared through participatory approach mainly based on open ended discussions, formal and informal interaction with stakeholders that lead to an understanding of the existing system from the perspectives of all the stakeholders. The following are the list of techniques that was used.

• Desk study • Interaction with municipality staff and stakeholders (the list of interactions held in 6 selected

municipalities and relevant stakeholders are included in Annex. The presentation materials of such interactions are also included in annex.

• Interaction Meetings with, central stakeholders such as EAs (MLD, DUDBC, TDF), NGO, COBs, Civil Societies, Field visits and observation "on the ground" reality - subproject/activities identified as initial potential subprojects/ activities (two in each municipalities).

In order to prepare the EMF, primary and secondary source of information were reviewed and collected. The specific tools and methods used to meet the desired scope of work are highlighted below.

Scope # 1: Environmental assessment of overall program and preparation of preliminary baseline assessment of 6 participating municipalities.

In order to meet the above scope, the following strategies were adopted.

• Review of program details available at the time of assessment • Collection of secondary information (periodic plans of participating municipalities, situation

analysis of pre feasibility study and its conformity with interaction with stakeholders • Collection of baseline/baseline information at larger stage by field visit to partnership

municipalities.

Scope #2 Review of relevant plan, policies and legislations of GON and WB Activities:

In order to meet the above scope, the following strategies were adopted.

• Review of plan, policies, government directives and legislations related to environment in the context of Nepal.

• Identification of environmental provisions that are applicable to the present project • Review of World Bank's environmental and safeguards policies and identify

provisions/requirements that need to be met by this project. • Review of similar documents being used in similar type of programs such as Local Governance

and Community Development Program, Secondary Town Integrated Urban Environmental Improvement Project, ESMF framework prepared for similar projects in municipalities of other countries.

Scope #3 Review of existing environmental management practices of participating municipalities

In order to meet the above scope, the methodologies adopted are as follows. • Review of current environmental requirements and practices followed by partiCipating

municipalities of this program.

8

• Study of the effectiveness of environmental provisions applied to similar sub projecUactivities in Nepal

• Discussion with municipalities about their existing environmental management practices existing environmental problems

• Review and "on the ground" verification of environmental management practices and its effectiveness followed by six participating municipalities including review and record of good and bad environmental practices followed.

• Environmental Practices in other projects - ADB funded, SEAM/N, GTZlUDLE etc.

Scope #4 Institutional and capacity assessment

The following methodologies were adopted by the consultant to meet the scope #4 and its objectives.

• Review of institutional mechanisms for environmental management of institutional involved in proposed program and their environmental management practices namely: DUDBC, MLD, and TDF, 6 participating municipalities (Mechinagar municipality, Dhankuta municipality, Itahari municipality, Lekhnath municipality, Baglung municipality, and Tansen municipality). The assessment will be made to find out the institutional capacity in terms of existence of environmental management uniUcell, environmental staff & work load, existence of environmental management practices, resources (manpower, budget, and equipmenUfacilities), mandate, roles and responsibility of staff in environmental management, currently ongoing environmental programs and its effectiveness.

• The system, process, procedures in complying environmental mandate, guideline, framework and its effectiveness, (tools if any, such as screening format, checklist etc).

• Assessment of participating institutions in terms of their capacity with regard to their existing mandates, functions, human, and financial resources available for environmental management functions as well as assessment of their capacity considering incremental work loads from the proposed program.

Based on this the consultant has developed the necessary institutional and capacity building activities.

Scope #5 Stakeholder analysis, consultation and disclosures

The following methodologies were adopted to meet the scope #5 and its objectives.

• Plan for the stakeholder consultations at the national and municipal level (in all 6 participating municipalities inviting all the concerned stakeholders) with respect to the program and its environmental management. Based on the outcomes of the stakeholders analysis, policy review and capacity assessment, institutional mechanism for environmental management in the proposed program were developed.

• Share in municipalities during the interaction about the likely environmental issues, environmental requirements of GON and WB

• During the preparation of EMF series of consultations were held with (DUDBC, MLD, TDF, WB, participating municipalities) and their staff responsible for environmental management systems.

• During the preparation of EMF, interactions were also held with NGOs, CBOs, and private sector for their views with regards to their opinion, their roles and responsibilities in the proposed program. Obtain feedback from the participants during the interactions obtain their feedback, listen and record their views and suggestions, be informed of practical constrains to implemenUenforcement of EMF

• Assessment of stakeholders impressions on environmental issues, causes, and in exploring ways to address it

Based on the above outcomes, the EMF is prepared.

Scope #6 Preparation of Final EMF, integration EMF and SMF and preparation of consolidated SEMF, summarize EMF in POM, and summarize brochures in Nepali on environmental approach of the proposed program.

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CHAPTER IV

Environmental Implications of UGDP

4.1 Brief Description of existing Environmental issues in Tarai and hill municipalities

The partner municipality of UGDP lies in both Terai and Hill physiographic region of Nepal. Among 6 selected for the implementation of UDGP, 2 municipalities namely Mechinagar and Itahari lies in Terai and other remaining municipalities namely Tansen, Baglung, Lekhnath and Dhankuta lies in hill. The existing environmental issues in hill and Terai municipality are different. Within the same physiographic region also, some environmental issues are particularly confined to certain municipality only. The issues of hill municipalities are associated with landslides, erosion, unplanned development, water scarcity and pressure on existing water sources problems ofsolid waste management, water and soil pollution, etc. The constructions of road in Dhankuta, and Baglung municipality have created landslide and erosion problems. The typical issue of Tansen municipality is the problem of acute shortages, and improper solid waste disposal. Similarly, in Lekhnath municipality, which is known as city of Lakes are polluted (Le. pollution of lakes by human activities and encroachment). The haphazard construction of building and structures in marshy areas, unplanned development in Lekhnath municipality are major environmental concerns.

There are several bad environmental practices been observed in Nepal's urban sector/urban infrastructure works which includes; haphazard construction of structures, non existent/improper sewage disposal, improper solid waste dumping, improper management of quarry sites and material borrow pits, pollution problems, improper construction material storage, poor occupational health and safety issues, encroachment of open spaces, lack of zoning (even in heritage sites) etc. The municipality wise environmental issues and bad environmental practices are discussed in table 3 of this EMF. In order to avoid such practices in UGDP programs, this EMF has prepared several steps and procedures for sound environmental management in UGDP supported sub project level activities meeting the stipulated environmental safeguard requirements of the Government of Nepal and the World Bank.

The UGDP partner municipalities lying in Terai region have different environmental issues. The Itahari and Mechinagar municipality have issues of air, water, noise pollution. The surface and underground water is also polluted due to effluent from household and commercial wastes. Both municipalities have problem of storm water drainage, reduction/encroachment in urban open spaces, issues related to the management of solid waste, health related problems caused by deteriorating environment,(Typhoid, Upper and lower respiratory tract infection, asthma etc).

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4.2 Preliminary environmental situation of partner municipalities (with map):

Existin Environmental Issues Urban flooding, Haphazard development (non implementation of zoning), River bank cutting by rivers (Timai, Ninda, Mechi, Handiya, Kali Pali, Ghodajin) air, water and noise pollution, open space encroachment, solid waste disposal due to non operation of sanitary landfill site (sanitary landfill site is selected but the design and its construction is still awaited due to funding), increasing traffic density and road accidents, aesthetically unpleasant and unsafe situation ariSing from haphazard use of hoarding boards.

Dhankuta

'''''''''''

Landslides, Land fragmentation, deforestation in some areas like in Rani Ban, and loss of productive capacity of soil, decrease in recharge capacity of aquifers and surface sources, squatters and urban slum,

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Lekhnath

Itahari Air and noise pollution (core city areas). water pollution (Tyangra. Budhi Khola). Urban flooding and surface runoff, encroachment of open spaces, Squatter settlement and slum, traffic management, management of waste water etc

Solid waste management, soil erosion and landslides due to opening of track for roads. encroachment of surface sources of water, decrease in water discharge, increase in pollution of lakes (due to human activities like uncontrolled recreation), noise and dust pollution.

River water pollution due to dumping of waste (liquid and solid) in Kaligandaki and Kati Khola, landslides due to track opening of roads, Vanishing spring water sources, reduction in surface water discharge (increase pressure demand ). unplanned market growth, storm water and waste water management

12

Tansen Pressure on existing drinking water sources and its contamination, Urban flooding, Due to paved surfaces infiltration and ground water recharge is reduced, water pollution due to improper disposal of sewerage, encroachment of open spaces, haphazard establishment of motorcycle workshop creating noise and other pollution (oil and grease runoff to water bodies), noise pollution in T ansen core areas, haphazard construction (lack of implementation of building by laws),

4.3 Specific environmental concerns of initial identified potential subprojects:

It is useful to assess the environmental implications of UGDP on specific sub projects under the each component. The environmental implication includes physical resources, biological resources, health and safety aspects of residents and workers. Descriptions of some of the major environmental implications are highlighted below.

4.3.1 Environmental Issues at sub project level

4.3.1.1 Municipalities in Eastern Development Region (ltahari, Mechinagar, and Dhankuta)

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1. Kakarvitta Integrated Project (Beautification of Kakarvitta gate, construction of Devkota Park, Development of mini market)

2. Development of Itta Bhatta Area (activity: Upgrading of Gokul Marg road: 8KMI

I. Construction of Hile Water 1. Construction of 10 KM ring Supply Scheme. road

2. Upgrading of Triveni 2. Construction of Surface Yakchana Road (13 KM) Drainage in city areas

13

4.3.1.2 Municipalities in Western Development Region (Lekhnath, Baglung, and Tansen)

Construction of 10 KM ring 1. Development of the existing

palace to museum.

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1. road

2. Construction of Surface Drainage in city areas

Improvement/renovation of historical and cultural places.

2. Water supply augmentation and improvement

1. Linking of 7 lakes its conservation, and tourism development

S.N Municipality Sub project Environmental Concerns Mechinagar municipality

L Kakarvitta Integrated Project (Beautification of Kakarvitta gate, construction of Devkota Park, Development of mini market)

2. Development of Itta Bhatta Area (activity: Upgrading of Gokul Marg road: 8 KM)

1. Traffic obstruction, air and noise pollution, occupational health and safety of staff, (During the construction stage, storage of construction materials, stoppage of road during construction are main issue).Good environmental practices during the construction should be followed.

2. Traffic obstruction, air and noise pollution, occupational health and safety, impact on land use, landscape, natural drainage of the area, (Traffic obstruction during the construction is main issue), As per GoN lEE study is required which will address physical, biological, social issues and its mitigation measures.

2 Dhankuta Municipality

1. Construction of Hile Water Supply Scheme

i) Changes in land use pattern along the alignment due to construction of different component structures.

ii) Land instabilities, soil erosion, silt runoff, landslides and setting of street surfaces due to excavation works, and other construction related activities during construction phase of the project is the main environmental issue

iii) Possible loss of agriculture land, cereal

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3 Itahari Municipality

2.

1.

Upgrading of Triveni-Yakchana Road (13 KM)

Construction of 10 KM ring road

crops and settlements due to laying of pipes, Reservoirs and construction activities

iv) Disposal of solid waste, waste materials and construction spoils in the productive land (The project will have impact on physical, biological and socio economic environment for which will be addressed during EAs)

i) Air, and noise pollution during the construction and operation phases of the project

ii) Land instabilities, soil erosion, silt runoff, landslides and setting of street surfaces due to excavation works, and other construction related activities during construction phase of the project.

i Lack of proper drainage management, especially where there are cultivated land Un-managed stock piling

ii Impact on foot trails iii Encroachment of the vegetation

including forest. (Major issues of this sub project are land instability, erosion, loss of forest and vegetation). As per GoN regulation, lEE is required which details out the issues and mitigation measures of this project

i. Changes in land use, landscape,

ii. Land instabilities, soil erosion, silt runoff, landslides and setting of street surfaces due to excavation works, and other construction related activities during construction phase of the project.

iii. Air, and noise pollution

iv.

v. vi. vii.

Obstruction to public access, and utilities (road, trail), irrigation canal Occupational health and safety Road accidents (Major issues will be air, noise pollution. disposal of spoil, obstruction of traffic etc). During EAs of road detail issues are sorted out and mitigation measures are proposed

I 2. Construction of Surface Drainage in city areas

i. Pollution of surface/river water, air and noise pollution, soil and water contamination, muck management, occupational health and safety,

4 Lekhnath municipality

1. Linking of 7 lakes its conservation, and tourism development

(Major issues will be outlet and its disposal of drainage) i. Changes in land use pattern,

topography ii. Land instability, land slides, soil

erosion,

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, iii. Spoil generation and its disposal I iv. Obstruction to public access and facilities

v. Water pollution of lakes during construction and operation phases

vi. (Major issues will be pollution of lakes due to visitors)

Baglung 1. Full scale upgrading of 165 i. Land use and landscape changes municipality KM Ring road (widening, ii. Land instabilities, soil erosion, silt

graveling, side drain, runoff, landslides and setting of street support structures etc) surfaces due to excavation works, and

other construction related activities during construction phase of the project.

iii. Obstruction to public access, and utilities (road, trail), irrigation canal

iv. Occupational health and safety, v. road accidents, air and noise pollution

during construction and operation phases, soil and water contamination, muck management, occupational health and safety

(Major issues will be erosion, landslides, and road accidents)

2. Surface drainage in core i. Obstruction to public access, and city area utilities (road, trail), irrigation canal

ii. Occupational health and safety iii. Road accidents iv. Pollution of surface/river water, air and

noise pollution, soil and water contamination, muck management, occupational health and safety

1. Development of the existing i. Traffic obstruction

Municipality

6 Tansen palace to museum. ii. Air and noise pollution during Improvement/renovation of construction historical and cultural iii. Health and safety related issues of places. workers

iv. Changes in land use pattern along the alignment due to construction of different component structures.

2. Water supply augmentation v. Land instabilities, soil erosion, silt and improvement runoff, landslides and setting of street

surfaces due to excavation works, and other construction related activities during construction phase of the project

vi. Possible loss of agriculture land, cereal crops and settlements due to laying of pipes, Reservoirs and construction activities

vii. Disposal of solid waste, waste materials and construction spoils in the productive land

viii. Degradation of water quality, air quality & noise level due to project

I construction activities

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4.4 Environmental Requirements of Sub Project Level Activities of UGDP

The sub projects identified during the pre feasibility stages of the UGDP were visited during the preparation of EMF. The environmental requirements of those sub projects are assessed against the environmental assessment criteria highlighted in this EMF and the following conclusions are drawn. The sub projects under UGDP should follow GoN and WB requirements. During the preparation of this EMF, the consultant has attempted to screen the sub projects identified during the feasibility stages in UGDP recipient municipalities based on the EPAIEPR 1997 (table 1). This shouldn't be taken as the screening requirements of UGDP. For UGDP, the sub projects should undergo the screening requirements mentioned in this EMF.

Environmental Requirements of Sub Project Level Activities of UGDP

Table1: Component: Socioeconomic Infrastructure (TDF)

Environmental Requirements Sub project activity i S.N Municipality

as per EPAIEPR ofGoN **

1 1. Category III (Required to

municipality Mechinagar 1. Kakarvitta Integrated Project

(Beautification of Kakarvitta gate, follow environmental code construction of Devkota Park, of practice) Development of mini market)

2. Development of Itta Bhatta Area 2. lEE is required (activity: Upgrading of Gokul Marg road: 8 KM)

I

2 Dhankuta 1. Construction of Hile Water Supply 1. Since its scope is to supply Municipality Scheme water supply to over 50000

population, EIA is required (subject to discussion for funding)

2. Upgrading of Triveni-Yakchana 2. lEE is required Road (13 KM)

Itahari Municipality 1. Construction of 10 KM ring road 1. lEE is required.3

2. Construction of Surface Drainage 2. Category III (Required to in city areas follow environmental code of

practice)

4 Lekhnath 1. Linking of 7 lakes its conservation, 1. Required to follow code of municipality and tourism development practice, further requirement

subject to detail inyestigation Baglung5 1. Full scale upgrading of 16 KM Ring 1. lEE is required

municipality road (widening, graveling, side

drain, support structures etc)

. 2. Category III (Required to2. Surface drainage in core city area

. follow environmental code of practice

6 Tansen 1. Development of the existing palace 1. Category III (Required to MuniCipality to museum. follow environmental code of

Improvement/renovation of practice historical and cultural places.

2. Only augmentation and2. Water Supply augmentation and improvement falls under

improvement category III for which environmental code of • practice should be followed.

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2

All the other community development and infrastructure support activities carried out under the block grant support to municipalities shall follow the municipal grant operation guideline also commonly known as "blended guidelines".

U: Screening based on EPA/EPR requirements of GoN, not necessarily represent the EMF requirement of UGDP.

4.5 Key Environmental Interventions Desired

The key/priority environmental issues discussed in 4.1 are different for each municipality. So the interventions required to address the environmental issues are of different in nature. The long list of interventions required is elaborated below. The interventions required shall be discussed at MCC and prioritized accordingly to be implemented through component 2 and 3 of UGDP.

Table 2 Environmental Interventions Desired in UGDP Participating Municipalities

i S.N Name of Municipality Environmental Interventions Desired I 1 Mechinagar • Preparation of environmental baseline situation of

municipality and its address in periodic plan

• Explore and expedite obtaining funds for the design and construction of landfill sites,

• Strict enforcement of building by laws by the municipality • Strict enforcement in maintaining open spaces • Management of hoarding boards • Replication of successful plantation program near

municipality to other parts of the town • Awareness raising program on various environmental

conservation aspects should be promoted • Capacity building trainings (like process for conducting

IEE/EIA, designing environmental awareness program etc) to section chief of environment sub section under public health section of municipality

• Orientation training to environment sub section staff regarding the environmental screening, monitoring and reporting format on ESMF for each sub project level activity

• Learn and implement the applicable/related contexts of success stories regarding good environmental practices from other municipalities/town in Nepal

• Development of programs to address existing environmental issues of municipalities highlighted in table 4.1 of this report.

Dhankuta • Preparation of environmental baseline Situation of municipality and its address in periodic plan

• Promotion of Integrated Pest Management (Since majority of Dhankuta municipalities are under agricultural land use category)Approach , its use in practice at municipal level

• Strict implementation of building by laws by the municipality • Prepare list of success stories in best environmental

practices like installation of bio gas plants in ( public toilet, police camp), operation of sanitary land fill site in conjunction of composting facility, etc

• Environmental awareness programs should be accelerated to discourage the demand for construction of rural roads in a haphazard manner

• Approach for control of deforestation in coordination with all line agencies

• Programs for plantations in catchment areas to increase the recharge capacity

• Implementation of environmental enhancement and mitigation measures highlighted in table 4.1 of this report.

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3 Itahari • Preparation of environmental baseline situation of municipality and its address in periodic plan

• Strict enforcement of national standards for air, water, and noise standards

• Strict enforcement of building by laws • Development of environmental awareness campaign focusing

the relevant stakeholders (like for school children, street vendors, industries, pro poor areas etc)

• Pro poor interventions (like water supply, sanitation facilities) • Incorporation of urban development and environmental

pOlicies, legislations, guidelines, directives in executing urban infrastructure development projects

• Incorporation of environmental and social safeguard requirements of GON and other funding agencies are found weak; this needs to be properly addressed with strict implementation of ESMF for UGDP.

• The capacity of municipality to address environmental issues in terms of manpower and knowledge is very weak, which should be addressed in UGDP.

• The capacity of municipality in terms of providing urban environmental services like development of waste water treatment facilit ,sanita landfill sites is essential.

4 Lekhnath • Design and implement environmental conservation programs envisaged in "Environmental Development Plan" which is integral of periodic plan of municipality.

• Integrated plans and programs for the conservation of 7 lakes of municipality

• Strict enforcement of building by laws in municipality • The practice of opening track road to rural areas should be

done with prior environmental and social assessment • The code of practice and its strict implementation is required

for any kind of human activities near lake areas • Expedite in obtaining the requirements for the operation of

landfill sites • Capacity development of municipality (knowledge and

manpower) for ensuring environmental safeguards. • Implementation of environmental enhancement and.

mitigation measures highlighted in table 4.1 of this report. • Adoption of environmentally friendly technology should be

encouraged (examples: rain water harvesting, construction of reen roads, use of bio as lants, IPfIIl-,-,_e_tc-L)------l

5 8aglung • Preparation of environmental baseline situation of municipality and its address in periodic plan

• Development of urban environmental services to address the existing pressure (design and operation of landfill site, water treatment facility)

• Environmental awareness programs against use of plastics, deforestation, open dumping/burning, use of pesticide etc)

• Strict implementation of building by laws • Adoption of best environmental practices like promotion of

rainwater harvesting technologies, installation of biogas plants, development of micro hydro electricity, construction of green roads, etc)

• Capacity development program of municipality to address environmental safeguard measures.

• Use and learn from best environmental practices of other municipality (like ban on plastic, construction of public toilet with biogas plant, community plantations etc)

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• Environmental enhancement and mitigation measures mentioned in table 4.1

6 Tansen • Preparation of environmental baseline situation of municipality and its address in periodic plan

• Conservation and preservation of old temples and palaces • Timely consensus among stakeholders for designing

environmental enhancement and muniCipal service delivery programs

• Adoption of good environmental practices (examples: rainwater harvesting, means and ways of increasing recharge capacity of aquifers, promotion of green road concept in road construction,

• Strict implementation of by laws, zoning of areas for workshops, markets, etc.

• Adoption of good environmental practices learned from other municipality (plantation in catchment areas to increase the recharge capacity of water, segregation of solid waste and promotion of composting technology, rational use of water etc)

• Provide urban environmental service delivery like (Operation of sanitary landfill site, sewerage treatment prior its disposal)

• Enhancement of capacity of municipality to address environmental safeguards need.

• Environmental enhancement and mitigations spelled out in table mentioned above. !

4.6 Current Environmental Management Practices in Municipalities

The current environment management practices in partiCipating municipalities of UGDP are highlighted below.

Table 3: the current environment management practices in sub project level activities in partiCipating municipalities of UGDP

S.N Name of Environmental Management Practices Followed Environmental municipality Approval Processes,

Formats, Guidelines Followed

1 Mechinagar Institutional/Organizational and HR No such formats were • Establishment of environment sub section

within the public health section used.

• Designation of officer level-1 (with expertise in food technology), and assistant level-1 to

EIA of landfill site was done through

look after environmental sub section. outsourcing.

MuniciQa1itll SUQQorted Programs Municipality is in process of using the

Bad Environmental Practices format of "blended

• Some of the programs attempted by the unit but didn't work out includes: ban on

guidelines" developed by MoLD.

plastics, control on haphazard use of hoarding boards (not successful) for not being able to coordinate with other agencies, lack of monitoring and enforcement by municipalities, another reason is municipality is not able to create awareness about it.

I

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2

Good Environmental Practices

• This includes plantation in urban areas, plantation by community and through forest users group in outer part of the municipalities environmental awareness programs targeting different group of stakeholders, conducted EIA of landfill site but due to unavailability of funds through outsourcing, its design and construction is awaited.

• External SU(2(2orted Programs PPPUE/UNDP: Introduction of vermin-compost technology, practice of composting by municipality is still ongoing, introduced low cost toilet, provided hand pump in water deficit areas, assisted the municipality in conducting feasibility studies in area of design of slaughter house (yet to operate), hoarding board management, construction of Pushpalal park with view tower, provided trainings in urban environmental management, provided some hardware support for the municipality.

Dhankuta Institutional/Organizational/and HR • Under the social development section, there

exists environment and sanitation sub section

• The environment and sanitation sub section has officer level position to look after environmental aspects in municipality


• 1 house, 1 toilet campaign (total so far 300 constructed)

• During the construction of new residential building, plantation of 2 plants in within the premises and waste water management arrangement is compulsory

• Construction of slaughter house with biogas system.

• Construction of sanitary landfill sites • Construction of composting plant • Installation of biogas plants in ward no 8

and 9 ward with compulsory toilet attached Held several awareness raising programs in municipality targeting different stakeholders

Bad Environmental Practices

• Haphazard construction road has invited problems of erosion and landslides

• Externalill Su~~orted Programs • Strengthening Environmental Administration

& Management (SEAM): Provided support

No such formats were used.

Municipality is in process of using the format of "blended guidelines" developed by MoLD.

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• Local Government Community Development Program (LGCDP): About to start at Dhankuta, the program will support the municipality in human resources. In this regard, the recruitment process for engineer was ongoing there

3 ltahari Institutional/Organizational/HR Social Development Section is responsible to look after environmental affairs as well. 1-enviornmental focal person and support staff is assigned for this purpose. They are responsible for executing environment related programs.


• Solid waste collection and its dumping • Plantation in roadside and in public places • Construction of toilet in pro poor

neighborhood • Mobilization of local organization in

environmental conservation and awareness programs


• Haphazard solid waste disposal, irregular collection of waste, encroachment of open spaces, air and noise pollution, absence of storm water, waste water management, construction of slaughter houses but not brought under operation. non compliance with EPAIEPR which has to be followed prior the beginning of construction (like slaughter house, roads etc)

Externally Supported Environmental Programs

• SEAMN has provided environmental management training. software support (equipments like multimedia) and in conducting studies like feasibility of slaughter etc

No such formats were used.

Municipality is in process of using the format of "blended guidelines" developed by MoLD.

4 Lekhnath Institutional/OrganizationallHR Organizational set up is very weak. The social development unit looks after environmental affairs. 1 Non-Gazetted non technical person was assigned to look after the unit.

Good Environmental Practices • Incorporation of environmental development

plan in periodic plan of municipality

• Protection of forest land of municipality


• Haphazard construction of buildings even in marshy areas

• Human encroachment to natural lakes • Improper handling. management of solid

wastes

Externalill Su~~orted Programs • Local Government Community

Included environmental development plan within the periodic plan of municipality

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Development Program (LGCDP):

• 1 Engineer was recruited by LGCDP to look after environmental and engineering affairs of municipality.

Baglung InstitutionaliOrganizationallHR5 No environmental

under the planning section. A sub engineer • The environmental sub section is formed

checklist, format in level staff is deputed to look after the practice environmental sub section.

lEE of landfill site was Good Environmental Practices done through

SWMRMC sanitation practices,

• Conducted awareness about good

• Plantation in barren land, watershed areas • Solid waste collection from households

Purchased land for sanitary landfill site, awaiting fund for its design and construction.

! Bad Environmental Practices

• Dumping of solid waste in Kaligandaki River Banks polluting the River

• Improper management of water creating pressure on existing water sources

• Lack of proper staffing in municipality to look after environmental affairs

• Lack of external funding in environment conservation.

No environmental 6 Tansen InstitutionallOrganizationallHR checklist, format in

environment; Social unit is responsible to • There is no separate unit to look after

practice look after environmental affairs.

I EE of landfill site was staff for the long time and is giving

• The municipality has recruited a contract conducted by

continuation. outsourcing,

• The municipality lacks basic resources to provide environmental services (solid waste management)


• Collection of solid waste, waste segregation/minimization, distribution of bucket for solid waste, landfill site identified (waiting funding for design and construction). Municipality has done a remarkable job organizing community groups and some of these groups are already involved in waste management related activities,

• Municipality has set up inter-agency coordination for seeking the professional support from such agencies.

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avoiding infiltration and recharge of ground water

• Due to reduction in recharge capacity, e is no more water in the traditional water sources/stone spouts are

4.7 Lessons Learned from Programs Supported by External Donors

The SEAM-N project was launched in Itahari, Dhankuta and Mechinagar municipality in the Eastern Development region. The project is working in collaboration with municipalities. The SEAMN project is viding support in hardware as well as software part of the project. It was found that the project has provided environmental management training to all the personnel involved in environmental management. The training was provided in 3 stages namely: at CEO level, officers' level and VDC secretary level. The SEAMN is also supporting the municipalities in carrying out the studies in areas of solid waste management, environmental awareness, establishment of environmental laboratory (at Itahari), establishment of regional waste treatment facility, etc. So far the SEAMN project is still continuing, so the programs are continuing. After the phasing out of SEAMN, the programs and activities should be run in a sustainable fashion. The activities like integrated solid waste management, environmental awareness (ban on plastics), and environmental management trainings are some of the success stories of the project which could be replicated in other municipalities as well. A UNDP funded Public-Private Partnership for Urban Environment (PPPUE) has carried out some environmental projects in Mechinagar and Dhankuta municipality. In Mechinagar, the work carried out by PPPUE Solid Waste Management and Compost Chamber project at Bhanu Tole, and water supply and sanitation program run through Kakar Bhitta water supply and sanitation committee is remarkable and which could be replicated in other municipality.

At Dhankuta municipality, PPPUE project was successful in managing the weekly market (Haat Bazar) and construction of Bihibare Haat Slaughter Shed construction in collaboration with Meat Vendor's association of Dhankuta.

The City Net funded school sanitation project (2010) is one of the success case studies in Tansen. Toilet construction and sanitation training for students are the main components of the project. The Environmental Tourism Project launched by ADB in Tansen has constructed 2.6 KM sewer line, old roads of Tansen were repaired and also maintained the existing bus terminal are some of the good examples of projects carried out by ADB in the past in Tansen municipality. This helped in promoting tourism in Tansen municipality.

UDLE has assisted Tansen municipality in urban planning, municipal organization and development administration, urban environment and protection. However, all these supports and capacity building aspects couldn't feel at present. The lesson learned is that development is an intrinsic process which can't be managed through development aid alone. The external support in municipalities contributes for a certain period but final accountability, sustainability and responsibility remains with municipality. Similarly, the rural-urban partnership program run with support from UNDP/UNCHS in Tansen was also not effective after its phase out.

In Lekhnath Municipality, the ADB funded small town water supply and sanitation project is one of the good example of improving the sanitation condition in the municipality. Before this project (i.e. before 2007), Lekhnath municipality has the worst water distribution system among the 58 municipalities of the country. The local community has spent Rs. 44 million for the project out of which Rs. 38 million has been lent by the Urban Development Fund. The consumers' effort is praiseworthy as without it the plan would not have been successful.

In September of 2010, Baglung municipality also signed an agreement with Second Small Town and Water Supply Project. The ambitious project intends to bring in 4 million liters of water daily in Baglung municipality within 3 years. For this project, ADB will contribute 50 percent grant, TDF 30 percent and the local consumers will contribute labor worth 15 percent and cash worth 5 percent to construct the project.

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Local Governance and Community Development Program (LGCDP)

The UN Joint Program (UNJP) of support to LGCDP is bringing together UNDP, UNICEF, UNFPA, UNV and UNCDF contributions to the new program. The joint program will be an integral part of LGCDP being subject to the wider program management, work planning and implementation arrangements. Within the joint program UNDP, in association with the other UN agencies, will provide technical and capacity building support in the following three areas.

1. Empowering communities and community organizations to participate in local governance 2. Enabling local body capacity building 3. Enabling central government and national NGOs to support local government

The program is ready for implementation through MoLD. Through LGCDP program all the partner municipalities of UGDP is planning to recruit engineer (with background in environment preferable). This arrangement will compliment the UGDP activities in enhancing the capacity of municipality in the area of environment.

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CHAPTER V

Relevant Policies of Government of Nepal

5.1 The Interim Constitution of Nepal, 2006:

It states under clause number 2 of article 19 regarding Rights of Property that except for public benefits state cannot seize property of individuals and cannot create any type of rights under such property. The State may acquire the property from its owner by providing due compensation to owner of property for land acquired, as prescribed by law.

It commits the government for the protection and development of Indigenous Peoples (IPs). For the welfare of IPs (AdivasilJanajatis), the government set up a national committee for development of nationalities in 1997.The parliament passed a bill in 2002 for the formation of national foundation for the development of indigenous nationalities. This foundation has been working for preservation of the languages, cultures and empowerment of marginalized ethnic nationalities. Similarly, the government of Nepal has set up National Dalit Commission and National Women Commission for the protection of their rights.

5.2 Policies of GON Relevant to Environment and Development

Nepal Environmental Policy and Action Plan (NEPAP): Nepal Environmental Policy and Action Plan were indorsed in 1993 to further institutionalize environmental protection in the development projects. It encompasses broader environmental policy perspectives that the development projects should follow in Nepal. It aims:

1. To manage natural and physical resources efficiently and sustainably; 2. To balance the development efforts and environmental conservation for sustainable fulfilment of

basic needs; 3. To safeguard national heritage; 4. To mitigate adverse environmental impacts of development projects and human actions; and 5. To integrate environment and development through appropriate institutions, adequate legislation

and economic incentives, and sufficient public resources.

Policies, actions, responsible organization and time frame proposed in NEPAP are in following areas;

1. Sustainable Management of Natural Resources: land management, soil fertility management, agricultural research and extension, status and management of forest and rangeland, forestry research and extension, water resource management, watershed protection, and management of key watersheds

2. Population, Health and Poverty: population growth and pressure on available resources, population policies and programmes, health and sanitation, drinking water supply, poverty alleviation, environment and population, off-farm employment

3. Safeguarding Natural Heritage: biodiversity conservation and its status, protected area management, cultural heritage and its status, preserving cultural heritage, tourism and environmental problems

4. Mitigating adverse environmental impacts: urban and industrial development, urbanization, urban land development, air and water pollution, Review of 6th_ 10th Plan of GON from Environmental Perspectives

5. The development plan emphasizes to the theme "conservation" during the implementation of its development programs. During this period, the environmental conservation strategy, master plan for forestry sector, formation of environmental ministry, internalization of EPA/EPR in projects, development of national pollution standards etc are some of the remarkable achievements during this period (details are included in annex)

Three-Year Interim Plan (2007-2010): Since new Plan has not endorsed by GoN while preparing this report, TYIP is still valid. The main objective of this plan is to realize changes in the life of people by reducing poverty and existing unemployment and establishing sustainable peace. In order to face the problems and challenges of environment sector, to maintain a healthy environment by making

26

environmental management effective, and to attain sustainable development through wise use of natural resources, the policies that will be adopted by this plan are:

• By emphasizing conservation of natural environment, rehabilitation and sustainable use, water, air and noise pollution reduction methods will be implemented.

• By implemented the country's international commitments and conventions, treaties and agreements to which Nepal is a party, projects related to Clean Development Mechanisms will be promoted.

• By strengthening environmental good governance, local bodies will be strengthened and implementation of environmental management works will be emphasized.

• By creating clarity in the role and responsibility of various agencies involved in institutional development for environmental management, infrastructure related development works will be made environment-friendly.

• Encouragement will be provided to carry out feasibility studies for alternative fuel development including bio-fuel.

• Special priority and assistance will be provided for use of environment friendly fuel. • Rural people's lives will be improved through development of alternative energy system.

National Urban Policy, 2007 (2064 BS) :The National Urban Policy 2007 came with an objective to promote healthy, livable, safe, and economically vibrant urban environment though planned provision of infrastructure services, facilities and amenities which ensure improved quality of life of urban people. Other aspect of policy includes;

• Importance to environment conservation while carrying out urban development works and natural resource utilization.

• Promoting development of compact city/towns/settlements. • Preparation and implementation of "Disaster Management Plan" by Local government agencies

to cope with the loss of lives and properties resulting from natural disasters.

The National Urban Policy is not effective in addressing the urban environmental issues. It is due to blurred roles and responsibilities among the implementing agencies. This has never become a top priority for local level organizations. Environmental conservation and protection were followed only when it is mandated by donors or public pressures. Incorporating such policy into implementation is still challenge at municipal level.

Local Self-Governance Act, 1998 and Local Self- Governance Rule, 1999: The Local Selfgovernance Act has been enacted to provide greater political, administrative and financial autonomy to local bodies and facilitate community participation at the local level. In accordance with the Act, local bodies have been formed at three levels: Village of Development Committee (VDC) at village level, Municipality at town level, District Development Committee (DDC) at district level. The Act empowers these local bodies to formulate and implement periodical and annual plans within their own jurisdiction. There has not been election since 2001 due to political turmoil. So, there have been practices for forming local bodies through consensus among the local political parties. Local government has the authority for the conservation of local natural resources, conflict management and monitoring of project activities

• The municipality has the authority to prepare development plans and establishes basic community infrastructures including public health. The municipality can regulate constructions according to the plans.

• Municipality has the authority for the management of public convenience of transportation, parking system of vehicles, pollution control, waste management and eminence of public road plantation.

• Municipality has the authority to protect areas for drinking water, flood controls and natural and cultural heritage sites.

Labor Act 2048 B.S. (1991) 1. Clause 4: Non Nepali citizens are not allowed to work without proper permit which is issued

only if the manpower required is not available in Nepal. 2. Clause 5: Child Labour (defined as anyone less than 14 years of age engaged in labour) is

prohibited. . 3. Clause 18: Thirty minutes is given for rest and/or refreshment for every five hours of work

interval.

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4. Clause 19: 1.5 times the normal wage must be given as payment for working over-time (i.e. more than 8 hours/day).

5.3 Environment Related Legislations of GON Applicable to UGDP

Environment Protection Act (1996) and Environment Protection Regulation (EPA and EPR), 1997

In the process of internalizing the environmental assessment system in development proposals, government of Nepal enacted the EPA 1996 and EPR 1997 which make the integration of lEE and EIA legally binding to the prescribed projects. EPR was amended in 1999. The EPR adopts the environmental assessment criteria mentioned in the National EIA Guidelines. However, the EPR establishes the administrative framework for assessing, exhibition and determination of the EIA, in terms of issues needing to be addressed and the format of EIA document. Major highlights of EPA1996 are as follows:

Section 3 It requires the proponent to carryout lEE and EIA as prescribed in schedule. Section 4 No one is supposed to implement the proposal without approval from the concerned

agency (In case of lEE it is the concerned ministry, whereas in case of EIA it is the ministry of environment)

Section 5 In order to implement any proposal, the proponent should submit the proposal along with its report on lEE or EIA to the concerned agency for approval.

Section 6( 1 ) The relevant agency is empowered to grant approval for the lEE report, only if it finds that no significant adverse effects will be caused to environment by the implementation of the proposal. The government agency is required to forward the EIA report submitted along with proposal to it, with its opinion on the report to the Ministry of Environment.

Section 6(2) While examining the lEE proposal, if it is found necessary to carry out EIA of such a proposal, the concerned agency can issue an order to carry out EtA.

Section 6(3) Any member of the public is entitled to copy the EIA report through the Ministry on their own initiative and at their own expense for the purpose of providing their opinion or suggestions on it.

Section 6(4) MoE is empowered to set up a committee to provide opinions on EIA received by it. Section 6(5) While granting approval to any proposal, MoE is required to take into account public

comments received on the EIA report and the opinion of the committee, if any. The Ministry can only grant its approval if it does not seem to cause significant adverse impact on the environment.

Section 6(6) If it appears from the lEE or EIA report that significant adverse impact could be mitigated or controlled, the concerned agency or Ministry may grant approval with prescription of necessary terms.

EPR, 1997(Amendment 1999)

Rule 3 The proponent is required to carryout lEE or EIA as per Schedule 1& 2 respectively. Rule4 Before preparing an EIA report, the proponent should publish a 15 -day's public

notice to provide the stakeholders to offer their opinions and concerns in writing on the proposal. The proponent should prepare and submit the scoping report to the concerned agency and forward to MoE for approval and MoE should determine the scope of EtA study as submitted or amended.

Rule 5 In case of lEE report, the proponent should prepare and submit the TOR and get approval from concerned agency while in case of EIA report, the proponent should prepare and submit the TOR to the concerned agency, which should forward it to MoE for necessary approval.

Rule 6 In case, the approving agency of lEE report finds appropriate to carry out EIA, the proponent should fulfill all the formalities of the EIA process.

Rule 7(1) The proponent should prepare lEE and EIA report in the format as indicated in schedule 5 of the EPR, 1997.

Rule 7(2) In case of lEE report, the proponent should notice the concerned VDC, municipality, DOC, schools, Health posts, and hospital through a National level daily newspaper to offer their opinions and suggestions in writing within 15 days and prepare a date of public inquiry. The opinions and suggestions received should be included in the

28

report. However the proponent should conduct a public hearing in the project site to conduct the EIA.

Rule 8(1) It is stipulated that after the proponent prepares the EIA report, proponent must send a copy thereof to the relevant VDC or municipality or DOC to enable them to offer their opinion and suggestion on it.

Rule 8(2) It obliges the proponent to make the EIA report public for a period of 30 days for perusal or study by any interested individuals or institutions; they may offer their opinions and suggestions, if any, to the proponent within 30 days from the date when the report is made public.

Rule 10 The proponent should submit 15 copies of the IEE/EIA report along with the recommendation of the concerned VDC or municipality to the concerned agency for approval.

Rule 11 The concerned agency, after investigation should approve the lEE report within 21 days from the date of its receipt, and forward the ten copies of the EIA report with its suggestion to MoE within 21 days from the date of receipt. Upon the receipt of the EIA report, MoE should issue a 30 days public notice in the daily newspaper to offer written comments of the stakeholders. MoE may also seek the suggestions from the committee, if formed for this purpose, and should approve the EIA report within 60 days from the date of receipt or within 90 days in case of special reason.

Rule 12 The Proponent should implement EIA and other conditions given during the approval process.

Rule 13 The concerned agency (ministry) is made responsible for environmental monitoring and evaluation activities, and issue necessary directives to the proponent to implement environmental protection measures.

Rule 14 MoE is responsible to prepare the environmental auditing report after two years of the commencement of the service by the proposal.

Rule 45-47 Anyone wishing to receive compensation may file the application to the Chief District Officer (COO) and should forward the file to the concerned agency in case the evaluation of effectslloss. Once the loss is evaluated, the COO should determine the amount of compensation within 60 days of receipt of application. The proponent should pay the compensation amount within 30 days of decision. In case the proponent (individual, institution or proponent) fails to pay within time limit, the victim may submit an application, and the COO shall auction the property of the proponent and pay the amount of compensation as determined.

The EPAIEPR provision is one of the key legal documents to be followed by the municipalities. The environmental requirements that triggers in any municipal activities shall be referred taking references elaborated in EPAIEPR. Majority of municipalities are not found following with EPA/EPR requirements of GoN. Such practices should be discouraged. All the activities and projects carried out by municipality should abide with rules and regulations of GoN and also the funding agencies.

National Environmental Impact Assessment Guidelines, 1993 : To address environmental impact assessment as envisaged by National Conservation Strategy (NCS) 1987, National Environmental Impact Assessment (EIA) Guidelines were endorsed by Government of Nepal on 27 September 1992 and gazetted on 19 July in 1993, Volume 43, Number 5. The guideline provides criteria for project screening and initial environmental examination (lEE). This includes scoping, preparation of terms of reference for EIA. methods of EIA report. impact identification and prediction, impact mitigation measures, review of the draft EIA report, impact monitoring, evaluation of impact studies, impact auditing, community participation and schedules and annexes to lEE and EIA.

Many of the guideline provisions are now included in the Environment Protection Act, 1997, and Environmental Protection Regulation, 1997. EIA in Nepal has now become legally mandatory. However, as the National Environmental Guidelines, 1993 have not been issued under the Environmental Protection Act (1997); they do not have any legal force. It is a policy guideline issued by the Government that is still followed in the matters which are not covered by the Environment Protection Act (1997) and Environment Protection Regulations (1997).

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National Building Code of Nepal, 1993: There are 23 different title wise coverage on building codes, which form a single national building code of Nepal, 1993. National Building Code was prepared in 1993 by then Ministry of Housing and Physical Planning, conscious of the growing needs of Nepal's urban shelter sectors.

The 1988 earthquakes in Nepal, and the resulting deaths and damages to both housing and schools, again drew attention to the need for changes and improvement in current building construction design and methods. The publication represents a standard of good practice and therefore takes the form of recommendations.

Urban Environment Management Directives - 2065: The Urban Environment Management Directives- 2065 aims to guide to improve the deteriorating urban environment. It highlights the importance of carrying out Initial Environmental Examination (lEE) and Environmental Impact Assessment (EIA) to implement any large scale construction activities. It also aims to conserve the natural and man-made environment and reduce environment pollution through regulatory control measures. It presents different measures for the management of garbage and harmful wastes, air and noise pollution, drinking water and water pollution, open space and greenery, and urban heritage conservation and urbanization. It's not found fully implemented and followed. Since this has been already approved by the GoN, the clauses and parameters mentioned in this document shall be followed by organizations.

Urban Environmental Management Guidelines, 2010 (2067): (This is new one, yet to approve by cabinet, so not yet brought in practice). The urban environmental Management Guidelines, 2010 was drafted by DUDBC and is endorsed by the ministry of environment. This is in process of getting the final approval from the cabinetlGON. This guideline addresses the environmental issues to be addressed while implementing urban development activities. The guideline has set the environmental management principles and practices with regards to solid waste management (including hazardous waste), air pollution control and energy efficiency, water supply and water quality, water pollution control, management of open spaces and urban greenery, environmentally friendly building design and energy efficiency. The guideline also spelled out the institutional mechanism for its imp

Environmental Management Framework for Urban Governance ... · Planner and Mr. Kiran Giri, Sr....

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