Chapter 4- Logistics of EIA

Integration of EIA into the development project cycle

Financial aspects, Institutionalization of EIA and its integration
into laws and policies

Dr. Bal B. Parajuli, PhD (Water Env. and Development)

Visiting Professor
Lecture Series, Environment Management, LIAST, 2 Jan 2022

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Integration of EIA into the development project cycle

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Prof. Sandip Hegde
Ghttps://www.slideshare.net/prithvighag/env-mgt-2-eia42slides

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Environment Study in Development Project Cycle

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Revised Disaster and Emergency Assistance Policy, Policy Paper, ADB, Sep 2021.
ADB will apply the following definitions:
(i) Disaster. A disaster is a serious disruption of the functioning of a community
or a society triggered by geophysical or extreme weather hazard events leading
to human, material, economic, or environmental losses and impacts. Disasters
occur when geophysical hazard events (such as earthquakes, tsunamis, and
volcanic eruptions) and extreme weather hazard events (such as droughts,
floods, and tropical cyclones) interact with the exposure of vulnerable people
and assets tothose events.25 A disaster can lead to a state of emergency.
(ii) Emergency. An emergency is a threatening or realized condition that
requires urgent action to avoid or address disruption and loss. These
include situations related to food, health, biological, industrial, and technological
events.26
(iii) Post-conflict. Post-conflict refers to a situation in which a region, country, or
subnational area is emerging from armed hostilities.
(iv) Displacement. Displacement refers to the involuntary movement of
individuals because of disasters, emergencies, or conflict.27
(v) Build back better. Build back better refers to the use of the early recovery
and reconstruction phases after a disaster or emergency to increase resilience of
nations and communities to future events by integrating risk reduction measures
into the restoration of physical infrastructure, societal systems, livelihoods,
economies, and the environment.
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 Financial aspects
Costs EIA may be for the following items/activities

• Screening (by Proponent)

• Preparation and mobilization
• Cost for Scoping- Field visits, Public meeting
• Notices for Scoping, Public hearing, Report
• Meeting for Scoping Document, TOR, EIA Report
• Report: Preparation, review, corrections
• Public Hearing and Consultation
• Publication: Scoping Document, TOR, Report
• Expert Remuneration
• Supporting Staffs
• Office space
• Transport
• Services
• Stationary
• Health Aids
• EMP Cost: Monitoring experts, tests, enhacement, resettlement,

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 Institutionalization of EIA and its integration
into laws and policies
Government Agencies/ Institutions
Departments, Line Ministry, Environment Ministry
Local Levels, Provincial Government
Environmental Protection and Climate Change Management National
Council- Chair by Prim Minister
Environment Protection Fund Board- Chair by Secretary
Technical Committee for Clean Development- Concept paper, plan
Directorate Committee- Chaired by Secretary

Sectors for Env Assessment: BES, IEE, EIA based on the thresh holds
Forest
Health
Education
Tourism
Transport
Energy, Water Resource and Irrigation
Drinking Water
Residence, Settlement and Urban Development
Solid Waste Disposal and Management
Industry
Mining
Agriculture
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History of EIA in context of Nepal
• Sixth Five Year Plan (1980-1985) had first mentioned the
need for EIA for major infrastructure projects
• Seventh Five Year Plan (1985-1990), first time a national level
policy on environment management was incorporated
• Eighth Five Year Plan (1991-1995) anticipated the
establishment of a national system for EIA and stipulated that
EIA be conducted at the stage of feasibility study.
• National EIA Guideline, endorsed in September 1992 and
gazette in July 1993
• Enforcement of Environment Protection Act and Environment
Protection Regulation in 1997
• Constitution of Nepal

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Relevant Policies, Laws, Regulations for Env. Assessment

EPA 2054 (1997) :2054.3.12

First Amendment: 2055 (1998), 2055.12.12
EPR 2054 Amendments ..\Policies Acts etc\वातावरण-सं र ण-ऐन-
Amendment: 2055/12/22 २०७६-24663.pdf
Amendment: 2064/5/13 ..\Policies Acts etc\वातावरण-सं र ण-
Amendment: 2065/3/16 िनयमावली-२०७७-1-39756.pdf
..\Policies Acts etc\िवपद् जो खम ू नीकरण
Amendment: 2065/10/20 तथा व थापन िनयमावली, २०७६.pdf
Amendment: 2065/11/26: SEIA
Federal Structure focused
Constitution of Nepal 2015 (2072) 2072.6.3
EPA 2019 (2076) 2076.6.24
EPR 2020 (2077) 2077.3.1
National Environment Policy 2019 (2076)
National Climate Change Policy 2019 (2076)
Forest Policy 2019 (2075)
Forest Act 2019 (2076)
Disaster Risk Reduction and Management Act, 2074 (2017), 2075 (2019)
Disaster Risk Reduction and Management Regulation 2076 (2019)
Hydropower Environmental Impact Assessment Manual 2018 (2075)
Control of International Trade of Endangered Wild Fauna and Flora Act, 2017 (2076)
CITES Regulation, 2019 (2076) DREM/Ch.4 17
Environment Protection Act 2076 (2019) Authentication 2076.6.24
Section Provision
Chapter 2: Environmental Study (Section: 3-14)
3 Environmental study report to be prepared;
3 (2)a: Brief environmental study report (BES);
3 (2)b: Initial Environmental Examination (IEE);
3 (2)c: Environmental Impact Examination (EIA);
4 Detailed analysis of alternative to be made;
5 Scoping and work schedule for EIA;
6 Standards and quality to be maintained;
7 Environmental study report to be approved;
8 Proposal not to be implemented without approval of Environmental
study report;
9 Strategic environmental analysis: Prior to the implementation of such
policy, program or project;
10 Environmental management plan;
11 Supplementary environmental impact assessment to be made, if any
changes on the ES report;
12 To make environmental examination after commencement of service;
13 Power to prevent to executes a project without having the
environmental study report approved pursuant to this Act;
14 Power of the Government of Nepal or Provincial Government to make
environmental study
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Environment Protection Act 2076 (2019) Authentication 2076.6.24
Section Provision
Chapter-3 Control of Pollution (Sec. 15-22)
15 Control of pollution;
16 Export and import of hazardous substance;
17 Management of a hazardous substance;
18 Management of a hazardous substance;
19 To allow collection of samples;
20 Power to issue pollution control certificate;
21 Environmental inspector;
22 Functions, duties and powers of the environmental inspector.
Chapter-4: Provisions Relating to Climate Change (Sec. 23-28)
23 To provide information;
24 Adaptation plan may be made;
25 Power to carry out acts of mitigation;
26 Impacts from climate change and risk management;
27 Power to determine technical standards;
28 Power to participate in carbon trade
Chapter-5 Provisions Relating to Protection of National Heritages and
Environment Protection Areas (Section 29-34)
31 Establishment and operation of fund;
32 Power to constitute an environmental protection and climate change management
national council chaired by the Prime Minister
Chapter-6 Fine and Compensation (Sec. 35 - 37)
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Chapter-7 Miscellaneous (Sec. 38 - 47) 19
Environment Protection Rule 2077 (2020)- Authentication 2077.3.1
Some highlights
Rules Provision
4 Scoping only for EIA (7 days public notice to local levels, gov. offices, NGOs, locals) for
their written comments, advices, suggestions on implementation of the Proposal
Line Ministry sends the SD to Env Min (15 days), Env Ministry approves (15 days)
TOR based on SD for EIA, Line Minisry submits to the Env. Min (15 days), Env. Min.
approves (15 days)
5 TOR for BES (by relevant agencies), IEE- Line Ministry
6 Public Hearing (for EIA) – local levels, gov. offices, NGOs, locals
7 EA Report Preparation
Public Notice (to local levels, gov. offices, NGOs, locals) for their written comments,
advices, suggestions on implementation of the Proposal
8 Submission of BES, IEE to line Min and EIA to the Env. Min through line Min (15 days).
Maximum 2 years for Report Preparation, 0ne year EOT granted in genuine case
9 Approval of EA Report, Formation of Env Review Committee (ERC)
If additional study requires, BES, and IEE tocarry for IEE and EIA
Public notice of 7 days for EIA for written comments
Approvals of BES and IEE by 15 days, EIA by 35 day
10 Strategic Environment Impact Assessment
Proponent: Line Ministry with Consent of NPC
Scoping, TOR, Impact Assessment consented by Env. Min.
Approval by the Council of Minister
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Environment Protection Rule 2077 (2020)- Authentication 2077.3.1
Schedules
Rule- Schedule Provision
3 1 Brief environmental study report (BES)
3 2 Initial Environmental Examination
3 3 Environmental Impact Assessment
4(2) 4 Public Notice for Scoping (7 days) – Proponent/ Consultant
4(4) 5 Scoping Document Content
5 (1) ka 6 TOR Content for Brief environmental study report
5 (1) kha 7 TOR Content for IEE
5 (1) ga 8 TOR Content for EIA
7 (2) 9 Public Notice of Environmental Assessment (7 days)- Prop/ Consultant
7(5) ka 10 BES Report Content
7(5) kha 11 IEE Report Content
7(5) ga 12 EIA Report Content
7(6) 13 Experts Preparing Environment Assessment Report
8(8) 14 Recommendation with Advice and Suggestions (by Offices)
10(13) 15 Basis of Strategic Environmental Analysis
16(2) 16 Application for collection, store, processing, sales, distribution, disposal
and transportation of Hazardous Materials
16(3) 17 License for collection, store, processing, sales, distribution, disposal and
transportation of Hazardous Materials
16(7) 18 Particulars to be updated by the Licensee (Organization or Person)
22(6) 19 Certificate of Pollution Control
44 20 Environmental Protection Plan
46(1) 21 Annual Report
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 Example

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 Environmental Impact Assessment (EIA)
OF
NORTH-SOUTH LOK MARGA

Karnali Corridor
Kuwadi (Bajura)-Simikot (Humla) Road

Proponent
Geo-Environment and Social Unit (GESU)
Department of Roads, Patan, Lalitpur, Nepal

Consultant
J/V SILT Consultants (P) Ltd. And National Consultant
Samakhusi, Kathmandu, Nepal

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 CHAPTER LAYOUT
• CHAPTER 1: INTRODUCTION
• CHAPTER 2: METHODOLOGY
• CHAPTER 3: REVIEW OF POLICIES, PLANS, LAWS
AND GUIDELINES
• CHAPTER 4: EXISTING ENVIRONMENTAL CONDITION
• CHAPTER 5: ENVIRONMENTAL IMPACTS
• CHAPTER 6: ENVIRONMENTAL PROTECTION
MEASURES
• CHAPTER 7: ENVIRONMENTAL MANAGEMENT PLAN,
MONITORING , AUDITING
• CHAPTER 8: CONCLUSIONS AND RECOMMENDATION
• ANNEXES:
Approved ToR, Public Notice Muchulkas, Recommendation
Letters, Legal Provisions in Land Acquisition Process, Photo
Documentation

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 Study Team
The EIA study team comprised of following key professional from
multi-disciplinary field.

1. Dr. Bal Bahadur Parajuli -Team Leader/Env. /Hydrologist

2. Mr. Resham Baniya -Environment Specialist
3. Mr. Tej Raj Bhandari -Sociologist
4. Mr. Prakash Chandra Ghimire-Geologist
5. Mr. Ganesh Bahadur Kadel -Highway Engineer
6. Enumerators
7. Supporting Staffs

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EIA study and report approval process
Proponent
National Environmental Impact Assessment Guideline, 1993
Physical, Biological and Socio-economic cultural environment
Desk study (Literature review)
Field study
Scoping Phase:
Delineation of the project area
Collection of baseline data
Interaction with the stakeholders
Identification and prioritization of the issues
ToR phase:
Methodology
Prioritized issues
EIA format
EIA phase:
Detail study of baseline environment
Identification, Prediction and evaluation of the impacts
Proposing enhancement and mitigation measures along with
environmental management cost
Public hearing

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 Scoping Document (SD) and Terms of Reference (ToR)
Review & Approval Process
1. Preparation of Scoping Document (SD) and Terms of Reference (ToR) by the
Proponent
 Publication of a 7 days (15 days) notice in a national daily by the proponent,
informing the concerned local organizations and individuals about the proposal
in brief and defining the VDC’s/municipalities (new local bodies) to be affected
by the proposal implementation and soliciting their concerns and suggestions
on the proposal
 Preparation of SD after field study and consultations/interactions with
stakeholders and ToR based on the SD by the proponent/consultants
2. Submission of the SD/ToR by the proponent to the concerned Ministry
3. SD/ToR forwarded to MOE by the concerned Ministry along with its comments/
suggestions or recommendations for approval (15 days)
4. Formation of the EIA Report Suggestion Committee (RSC), chaired by Joint
Secretary of MOE
5. Review SD/ToR by the committee members, send a letter to the proponent for
revision of SD/ToR as per suggestions of RSC and EIA section of Ministry,
submission of revised SD/ToR to MOE by proponent
6. Internal decision process in MOE regarding conditional/unconditional
approval/disapproval or requirement for resubmission with modifications (15
Days)
7. Notification to the concerned Ministry about the conditional/unconditional
approval/disapproval
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 EIA Report Review & Approval Process

i. Preparation of EIA report by the proponent

•Desk Study/Field study, preparation of draft EIA report based on the approved ToR
•Conduction of a public hearing by the proponent in the area of VDC/municipality
(new local bodies), where the project has been proposed to be implemented, to
collect public opinion /comments/suggestions on the proposal
• Collection of recommendation letters from all concerned VDC’s/municipalities (new
local bodies)
ii. Submission of EIA report by the proponent to the concerned Ministry
iii. EIA report forwarded to MOE by the concerned Ministry along with
comments/suggestions or recommendations for approval

iv. Publicizing the EIA report for review/comments by publishing 30 days notice in a
national daily newspaper by MoE
v. Review EIA report by committee members of RSC, send a letter to the proponent for
revision of EIA as per suggestions of RSC and EIA section of Ministry, submission of
revised EIA to MOE by proponent

vi. Internal decision process in MOE regarding conditional/unconditional approval

/disapproval or requirement for resubmission with modifications

vii. Notification to the concerned Ministry about the conditional/unconditional

approval/disapproval
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Thanks!!!

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