Chapter-12 Provisions Relating to Development Projects

Chapter-12 Provisions Relating to Development Projects

  1. Land-use of the forest area not to be changed: No part of the national forest shall be used in a manner to change the land-use of the forest area.

                        Provided that this provision shall not apply to the forest area provided to any project, pursuant to the decision of the Government of Nepal, for the development of infrastructures.

  1. Use of forest area: (1) Notwithstanding anything contained elsewhere in this Act, if there is no other alternative to the using of forest area for the operation of a national priority project, plan of which investment is approved by the Investment Board, project of national pride and it appears from the environment examination referred to in the prevailing law that the operation of such plan does not result in significant adverse effects on the environment, the Government of Nepal may give approval, as prescribed, to use any part of the national forest for the purpose of operating such plan.

                        (2)        In providing the forest area for the operation of a plan pursuant to sub-section (1), to the extent possible, a land that is adjoining to the national forest area near the project site and situated in the same geographical and ecological belt and has such landscape where forest can be developed shall be provided for the purpose of planting trees at least in the area equal to the forest area that has to be used.

(3)        If there is no other alternative to the using of forest area for the operation of any development project by the Province or Local levels and it appears from the environment examination referred to in the prevailing law that the operation of such plan does not result in significant adverse effects on the environment, it may request the Government of Nepal for acquisition of the land in such forest area for the operation of that project.

(4)        If the land is acquired at the request referred to in sub-section (3), the Government of Nepal may, subject to this Section, give approval to use any part of the national forest for the purpose of operating such project.

(5)        Notwithstanding anything contained in sub-section (2), in cases where such land is not available, the operator of such project shall provide such amount as may be required for the provision of land for forest development.

(6)        The operator of such project shall provide such amount as may be required for the growing up or maintenance of trees in the land referred to in sub-section (2) or (5) until five years.

(7)        The amounts received pursuant to sub-sections (5) and (6) in consideration for the land of forest area provided for use pursuant to sub-section (1) shall be credited to the fund referred to in Section 45.

(8)        If, in giving approval to use any part of forest pursuant to sub-section, it causes any loss or damage to any person or community, the Government of Nepal shall make appropriate provision of compensation.

  1. Forest area may be used for mining work: (1) If it is required to explore whether or not there is mineral substance in the national forest, the Provincial Ministry may, at the request of the concerned body, give permission for that purpose.

                        (2)        If it is found out from the exploration referred to in sub-section (1) that the national forest contains in it any mineral substance such as gold, silver, copper or iron and excavation is to be made, the Government of Nepal may give approval to use the forest area for the purpose of the excavation of such mineral substance in case it is seen from the environmental examination carried out pursuant to the prevailing law that such excavation does not cause significant adverse impacts on the environment.

Provided that no other mineral forest products may be excavated from the forest area except for the said mineral substance and for the use of raw materials to be used in a development plan with national priority, plan of which foreign investment has been approved by the Investment Board and project with national pride.