6.6 Concept of Environmental Assessment

6.6 Concept of Environmental Assessment

Introduction to Environmental Governance

The rapid pace of development, while essential for progress, often comes at a significant cost to the environment. Unchecked projects can lead to irreversible damage to ecosystems, public health, and natural resources. Environmental Assessment (EA) is a critical, legally-mandated planning and decision-making tool designed to identify, predict, evaluate, and mitigate the adverse environmental and social impacts of proposed projects before they are approved and implemented. This unit explains the tiered framework of environmental assessment in Nepal, the legal provisions that govern it, and its connection to broader disaster risk management, ensuring development is sustainable, equitable, and resilient.

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1. BES, IEE, and EIA: The Three-Tiered Framework

Environmental assessments in Nepal are conducted at three levels of detail, based on the potential significance of a project's environmental impacts. This is governed by the Environmental Protection Act, 2079 (2019) and the Environmental Protection Rules, 2077 (2020).

1.1 BES: Brief Environmental Study

• Purpose: A preliminary, rapid assessment intended for projects that are likely to have minor or localized environmental impacts. It serves as a screening tool.

• Applicability: As per Schedule 1 of the EPR, 2077. Examples include:

  • Small-scale irrigation projects (< 500 ha command area).

  • Rural drinking water supply projects.

  • Small gravel and sand mining.

  • Small rural road construction.

• Process: A concise study report is prepared, focusing on key environmental issues and simple mitigation measures. The report is submitted to the relevant local government authority for approval.

1.2 IEE: Initial Environmental Examination

• Purpose: A more detailed assessment than BES, required for projects that are likely to have moderate environmental impacts. It aims to identify, predict, and evaluate impacts and propose mitigation measures.

• Applicability: As per Schedule 2 of the EPR, 2077. Examples include:

  • Medium-scale hydropower projects (1 MW to 50 MW).

  • Medium irrigation projects (500 - 5000 ha).

  • Tourism infrastructure (hotels, resorts) in non-sensitive areas.

  • Town drinking water supply projects.

• Process:

  • Involves field surveys, baseline data collection, and public consultation.

  • An IEE report is prepared, which includes:

    • Project description.

    • Description of the existing environment.

    • Identification and prediction of potential impacts.

    • Environmental Management Plan (EMP) with mitigation and monitoring measures.

  • The report is submitted to the Ministry of Forests and Environment (MoFE) or its designated agency for approval. An IEE Approval Letter is issued.

1.3 EIA: Environmental Impact Assessment

• Purpose: The most comprehensive and rigorous level of assessment. Mandatory for projects likely to have significant, widespread, or irreversible adverse environmental and social impacts. It is a tool for informed decision-making.

• Applicability: As per Schedule 3 of the EPR, 2077. Examples include:

  • Large-scale hydropower projects (> 50 MW).

  • National highways, railways, international airports.

  • Large-scale irrigation projects (> 5000 ha).

  • Industries with high pollution potential (cement, chemicals).

  • Projects in protected areas or ecologically sensitive zones.

• Process:

  1. Scoping: Determining the key issues and boundaries of the study.

  2. Baseline Data Collection: Detailed study of physical, biological, and socio-economic environment.

  3. Impact Prediction & Evaluation: Using various techniques to assess the magnitude, extent, and significance of impacts.

  4. Mitigation & EMP: Developing detailed plans to avoid, minimize, or compensate for impacts.

  5. Public Hearing/Consultation: Mandatory disclosure of findings and consultation with affected communities and stakeholders.

  6. EIA Report Preparation & Submission: A comprehensive report is submitted to MoFE.

  7. Review & Decision: MoFE reviews the report and, if satisfactory, issues an Environmental Clearance (EC). This clearance is mandatory before obtaining any other construction permits.

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2. Government’s Act, Rules/Regulations/Procedures for BES/IEE/EIA

2.1 Legal Framework

The entire environmental assessment process in Nepal is underpinned by the following key legal instruments:

1. The Constitution of Nepal, 2072 (2015):

   • Article 30: Guarantees the right to a clean and healthy environment.

   • Article 51 (g): Sets the state's policy for environmental protection and sustainable use of natural resources.

2. Environmental Protection Act, 2079 (2019):

   • The umbrella legislation for environmental management in Nepal.

   • Provides the legal basis for conducting EIA, IEE, and BES.

   • Defines prohibited acts, provisions for environmental protection, and penalties for violations.

3. Environmental Protection Rules, 2077 (2020):

   • The implementing regulation of the EPA.

   • Contains the detailed procedural requirements for EIA/IEE/BES.

   • Includes the critical Schedules (1, 2, and 3) that list projects requiring BES, IEE, and EIA respectively.

   • Specifies the format of reports, approval process, monitoring requirements, and the need for public consultation.

2.2 Key Regulatory Bodies

1. Ministry of Forests and Environment (MoFE): The apex body responsible for policy formulation and granting Environmental Clearance for IEE and EIA-level projects.

2. Department of Environment (DoE): Under MoFE, responsible for implementation, monitoring, and enforcement of environmental regulations. It reviews EIA/IEE reports.

3. Local Governments (Municipalities/Rural Municipalities): Empowered to approve BES reports for projects under their jurisdiction.

2.3 Core Principles of the EIA Process in Nepal

1. Precautionary Principle: Lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.

2. Polluter Pays Principle: The polluting party must bear the cost of pollution prevention, control, and cleanup.

3. Public Participation: Mandatory consultation with affected communities and disclosure of information (Public Hearing for EIA).

4. Integration: Environmental concerns must be integrated into the project planning and design from the earliest stage.

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3. Types of Disaster and Mitigation

Environmental assessments must consider a project's vulnerability to disasters and its potential to exacerbate disaster risks. Disaster management is intrinsically linked to sustainable development.

3.1 Types of Disasters

1. Natural Disasters:

   • Hydrometeorological: Floods, landslides, droughts, glacial lake outburst floods (GLOFs), hurricanes/cyclones (indirect effects).

   • Geological: Earthquakes, tsunamis, volcanic eruptions.

   • Biological: Epidemics, pest infestations.

2. Human-Induced (Anthropogenic) Disasters:

   • Technological: Industrial accidents (chemical spills, explosions), structural collapses, dam failures, nuclear incidents.

   • Environmental Degradation: Arising from pollution, deforestation, unsustainable resource extraction—often increasing vulnerability to natural disasters.

3.2 Concept of Disaster Risk

Disaster Risk is a function of three components: $\text{Disaster Risk} = \text{Hazard} \times \text{Vulnerability} \times \text{Exposure}$

• Hazard: A dangerous phenomenon (e.g., earthquake, flood).

• Vulnerability: The conditions determined by physical, social, economic, and environmental factors that increase the susceptibility of a community to the impact of a hazard.

• Exposure: People, property, systems, or other elements present in hazard zones.

3.3 Mitigation Measures

Mitigation refers to long-term strategies and actions taken to reduce or eliminate risk to people and property from hazards and their effects.

1. Structural Mitigation:

   • Engineering Solutions: Building flood embankments, retention ponds, river training works, landslide stabilization structures, earthquake-resistant construction (seismic design codes), early warning systems.

   • Example in EA: For a hydropower project, designing a dam to withstand the Maximum Credible Earthquake (MCE) and including a spillway capacity for the Probable Maximum Flood (PMF).

2. Non-Structural Mitigation:

   • Policies & Planning: Land-use zoning (prohibiting construction in floodplains or high landslide risk zones), environmental regulations, building codes, insurance schemes, community preparedness programs, afforestation.

   • Example in EA: An EIA for a highway might recommend rerouting to avoid a critical landslide zone (avoidance) or implementing a watershed management plan to reduce erosion and flood risk.

3.4 Integration of Disaster Risk Reduction (DRR) in EIA

A well-conducted EIA/IEE inherently contributes to DRR by:

• Risk Identification: Assessing the project's vulnerability to natural hazards (e.g., is the site in a seismic zone?).

• Impact Prediction: Evaluating how the project might increase disaster risk (e.g., deforestation for a road project increasing landslide risk downstream).

• Mitigation Planning: The Environmental Management Plan (EMP) must include specific measures for disaster risk reduction.

• Emergency Preparedness Plan (EPP): For large projects, the EIA often requires a separate EPP detailing response procedures for accidents or natural disasters.

Conclusion: Environmental Assessment (BES/IEE/EIA) is not an obstacle to development but a vital instrument for sustainable development. By systematically integrating environmental and social considerations—including disaster risk—into project planning, it ensures that development proceeds in a manner that safeguards ecological integrity, public health, and community well-being for present and future generations. Nepal's legal framework provides a structured pathway to achieve this balance.