This chapter provides information about legal authorities and regulations relating to forests and wildlife . It also briefly mentions some of the international conventions dealing with forest and wildlife to which Nepal is a signatory.
The constitution of Nepal gives high priority to conservation of natural resources and provides special protection to endangered wildlife, flora and forests. Nepal has responded to constitutional needs by enacting laws and regulations relating to forests, wildlife and biodiversity. In addition to the Forest Act (1993) Nepal has other supplementing laws that cover almost all concerns relating to the environment, including the areas of land use, forests, water, mining, cultural heritage, occupational health and noise pollution. For example, the Environment Protection Act (1996) and the Environment Protection Regulations (1997) contain broad legal provisions that directly or indirectly support sustenance of forest resources.
Despite these legal provisions, there has been significant reduction and fragmentation of forests resulting from such factors as high and increasing population density, low income, diversion of forest land for development, encroachment into forests for agriculture and theft of forest products (Ninth Five Year Plan, 1998).
The new Forest Act of 1993 has a broad definition of forests: “all forests areas, whether marked or unmarked, within the forest boundary including wasteland and uncultivated lands or unregistered lands surrounded by the forest or situated near the adjoining forest as well as paths, ponds, rivers or streams and riverine lands within the forest land”. This Act respects all forest values, including environmental services and biodiversity, as well as the production of timber and other commodities.
The provisions of this act relating to protected forests, community forests and leaseholds forests have short-term as well as a long-term impact on the conservation and sustainable management and use of forest resources. The Act empowers the government to delineate any part of a national forest that has a special environmental, scientific or cultural importance as a protected forest. The Act directs the Department of Forests to prepare an operational plan for each and every protected forest in Nepal and directly contributes to the conservation of biodiversity in areas that are even located outside existing national parks and reserves.
The Act empowers government to grant any part of a national forest in a manner conducive to the conservation and development of forests to produce raw material required by industries, plant trees to increase the production of forest products for sale, operate a tourism industry or to implement agroforestry.
Various rules, including the Forest rules (1995), Private Forest rules (1981), Panchayat Forest rules (1978), Panchayat Protected Forest rules (1978) and Leasehold rules (1978), supplement the legislative provisions of the Forest Act.
The Forest Act and regulations do not explicitly deal with rangeland, but implementing rules requiring licensing of grazing animals and pasturage and imposing pasture charges provide implicit control of the Forest Act over rangelands and their use.
The Wildlife Conservation Act of 1957 was the first to identify the importance of protecting wildlife in Nepal and it led to the enactment of the National Parks and Wildlife Conservation Act in 1973. This Act provides for the conservation of natural areas and wildlife and regulates the consumptive and non-consumptive uses of biodiversity to sustain the welfare of the people.
The Act empowers the government to establish six different kinds of protected areas (national parks, wildlife reserves, strict nature reserves, hunting reserves, conservation areas and buffer zones) and to develop site-specific and general regulatory mechanisms for their conservation. The act provides special and complete protection to thirty-eight endangered species (twenty-six species of mammals, nine species of birds and three species of reptiles). The NPWCA has been recently amended to incorporate the concept of buffer zones and to facilitate public participation in the conservation, design and management of these zones.
This act is supplemented by several other acts such as the Aquatic Animals Protection Act (1961), the King Mahendra Trust for Nature Conservation (1982), the Forest Act (1992) and Soil Conservation Act (1982). International conventions like the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), the Ramsar Convention for Wetlands Conservation and the World Heritage further strengthens the biodiversity conservation and protection efforts in Nepal.
The enactment of the Environment Protection Act has led to the development of guidelines for mandatory Environmental Impact Assessments (EIAs) and establishment of an Environment Protection Council. EIA guidelines have been developed for the industry, forestry and water resources sectors to identify, predict and evaluate potential environmental impacts and to develop mitigation measures.
This Act is one of the oldest acts in Nepal that recognizes the value of wetlands and aquatic animals. Under the Act, any party is punishable for introducing poisonous or explosive materials into a water source or destroying any dam, bridge or water system with the intent of catching or killing aquatic life. It also defines “private water” as a lake, pond, ditch, pool or reservoir that is on land used by a person who has been paying land tax to the government. Although the Act has been in effect for quite some time there is no designated agency to administer it.
The Soil and Watershed Conservation Act empowers the government to declare any area as a protected watershed to limit degradation of land by floods, water-logging, salinity in irrigated areas and acceleration of siltation in storage reservoirs, and to properly manage the watersheds of Nepal. The Act of 1982 and its regulations of 1985 together provide the legal basis for managing watersheds. The Act also outlines the essential parameters necessary for proper watershed management (including both rivers and lakes).
The Water Resources Act vests ownership of water resources with the His Highness the King of Nepal. The Act strives to minimize environmental damage to wetlands, especially lakes and rivers, through environmental impact assessments. The Act makes these assessments a mandatory prerequisite for any water resource and electricity projects. The Act provides a legislative model for the development of environmental impact assessments. Guidelines issued for environmental impact assessments for the water resources (irrigation and power) sector supplement the legislative provisions of the Act.
The Electricity Act forbids negative environmental impacts (soil erosion, flooding, landslides and air pollution) while generating, transmitting or distributing electricity.
Nepal is signatory to many forest-related international conventions that require more effective control and authority over forest resources. The government of Nepal is attempting to achieve this through increased participation of all stakeholders and especially local users. The following describes some of the important forest-related conventions signed by the government.
Ramsar Convention
It is also known as the Convention on Wetlands of International Importance especially for waterfowl habitat. In 1988, Nepal signed this binding agreement that requires designation of at least one site as a wetland of international importance to discharge its international responsibilities for wildfowl conservation, development of wetlands nature reserves and training of personnel for wetland management.
To effectively meet its obligations under this convention, Nepal needs a well-defined wetlands policy and management plan. Many wetlands in Nepal are suffering from land and water pollution while many others have been drained and converted into agricultural land. The Nepal Environmental Policy and Action Plan (NEPAP) (1993) has given high priority to identification and protection of marshes, wetlands and water bodies significantly rich in biodiversity. This plan also recommended a study to assess the biological diversity of endemic plants and animals, both terrestrial and aquatic, that occur outside protected areas on farmlands, pastures, rangelands, forests, rivers, lakes and ponds. NEPAP is an effective initiative for the protection of wetlands and has provided a good policy foundation for development of the National Biodiversity Action Plan (NBAP).
Convention on the Protection of the World Cultural and Natural Heritage
Nepal signed this binding agreement that asks Nepal to identify, protect and conserve her natural and cultural heritage, and to integrate such protection and conservation into the national planning. The World Heritage Convention (1973) recognizes the interest of the world community in certain parts of the environment that are of “outstanding universal value” and defines cultural and natural heritage in broad terms. The natural heritage includes natural features that may contain physical and biological formations or groups of formations, geological and physiographic formations, specific areas that constitute the habitat of threatened animal and plant species and natural sites or precisely delineated natural areas. Whenever a site meets the requirements of either cultural or natural heritage, the country on whose territory it is situated has the obligation to preserve it, irrespective of whether it has been included on the World Heritage List or not.
Nepal has been successful in fulfilling its obligations under World Heritage Convention primarily through the implementation of the National Parks and Wildlife Conservation Act of 1973. Nepal’s natural heritage is protected in two world heritage sites (Royal Chit Wan National Park and Sagarmatha National Park). Recently, Nepal is preparing to propose Shey-Phuksundo National Park for inclusion in the list because of its unique cultural and natural properties.
Convention on International Trade in Endangered Species of Wild Flora and Fauna
Since 1975, Nepal has been a signatory to this convention, commonly known as CITES that requires controls on international trade in specified endangered species. The goal of CITES is to control, reduce or eliminate international trade in species whose numbers or condition suggests that further removal from their natural habitat would be detrimental to survival of the species. Nepal currently manages this international obligation through its National Parks and Wildlife Conservation Act. It may have to amend this Act to fully satisfy the convention.
The Natural History Museum and the Herbarium section of the Royal Botanical Garden are the scientific decision-making authorities under CITES for wild animals and plants. The Department of National Parks and Wildlife Conservation and the Department of Plant Resources have management authority for this purpose.
Convention on Biological Diversity
Nepal is signatory to this convention that came into force in Nepal as of 21 February, 1994. To implement this commitment Nepal is making efforts to develop national plan for biodiversity conservation and management, to identify and monitor biodiversity and establish a network of protected areas. Nepal is also attempting to include biodiversity as an essential component in environmental impact assessments.
Agenda 21
Nepal is implementing “Agenda 21”, a non-binding international statement of goals and principles. It asks countries to promote activities that are well supported in Nepal, such as alleviation of poverty, improved land use, conservation of biodiversity, public participation, empowerment of women, respect of indigenous cultures, working with NGOs development of human resources, etc.
Forest Principles
Nepal has accepted the non-binding UNCED principles on forest regulation and management. These principles mainly require increased public participation, respect of indigenous cultures and rights, empowerment of women, comprehensive valuation of forests, sustainable management of natural forests, extension of forest cover, conservation of biodiversity and pre-project environmental assessment.
Nepal has enacted many laws, rules and regulations and is signatory to various international conventions for the conservation and development of natural resources, including wildlife. However, demographic, socio-economic, political, and institutional conditions have not always permitted the full implementation of these legal and non-legal provisions. Nepal’s government recognizes these constraints and is finding the ways and means to deal with them. For example, Nepal is attempting to improve the condition of forest resources through increased participation of all stakeholders and increasing the capacity of local institutions that deal with natural resources. However, the success of such efforts may be defined more by improvements outside the forestry sector than within the sector.
