Chapter -2

Chapter -2 Initial environment Examination or Environmental Impact Assessment to
∗3. Initial environment Examination or Environmental Impact Assessment to be Made: A proponent shall be required to carry out the initial environmental examination of the proposals mentioned in Schedule (1) and environmental impact assessment of the proposals mentioned in Schedule 2.

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∗4. Determination of Scope for the environmental impact assessment to be made:
(1) In regard to any proposal requiring environmental impact assessment, the proponent shall publish a notice in any national level news paper, requesting the Village Development Committee or Municipality where the proposal is to be implemented , as well as the schools , hospitals , health posts and concerned individuals or institutions of the area to offer in writing their suggestions concerning to the possible impact of the implementation of he proposal of the
environment with giving Fifteen days of time period .
(2) After the publication of a notice pursuant to Sub-Rule (1), anyone who wishes to offer his/her opinion and suggestion regarding notice objection may offer his/her opinion and suggestion to the concerned proponent within Fifteen days from the date of publication of such notice . One who has given such opinion and suggestion, many furnish information thereof to the concerned body .
(3) The proponent, along with the received opinions and suggestion pursuant to Sub-Rule(2) ,shall Submit an application for determining causes in the environment of scope to the concerned body stating what impact does it in that area while implementing the proposal.
(4) On receipt of an application pursuant to Sub-Rule (3) , the concerned body shall carry out investigation into the documents attached to the application and shall forward the application to the Ministry along with its opinions and
suggestions in connection with determination of the scope.
(5) In cases where an application for the determination of scope is received pursuant to Sub-Rule (4) , the Ministry shall carry out investigation into the documents attached to the application and shall have to determine the scope as
proposed or in the revise form.


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5. Approval of Work Schedule or initial environmental examination or environmental impact assessment to be made : (1) In cases where the proposal requires initial environmental examination, the proponent shall prepare a work
schedule in the format as mentioned in Schedule 3 for a report relating to such proposal , and shall have it approved by the concerned body.
(2) In cases where the proposal requires environmental impact assessment, the proponent shall prepare a work schedule in the format as mentioned in schedule 4 on the basis of determination of scope made by the Ministry pursuant to Rule 4, and shall have cause to approve the work schedule by the Ministry.
Provided that in case where any proponent sends the matters by preparing the scoping and work schedule pursuant to Rule 4 along with the suggestion of concerned body to the Ministry stimulatingly for the preparation of report of the proposal for the environmental impact assessment, the Ministry ma give approval to the determination of scope and schedule at the same time
(3) While approving the work schedule pursuant to Sub Rule (1) and (2) the concerned body or Ministry may make minor changes or revision in such work schedule as required citing the nature of the proposal.

∗6. Re-proceeding to be made: In cases where the proponent has prepared the report of initial environmental examination pursuant to these Rules and upon investigation into the report received along with the proposal pursuant to Sub section (2) of Section 6 of the Act, the concerned by has decided to conduct environmental impact assessment of the proposal, the proponent shall fulfill all the formalities as laid down by these Rules for the preparation of the report of environmental impact assessment.


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∗7. Repost of the Initial environmental examination and environmental impact
assessment to be prepared:

(1) The proponent shall, on the basis of the approved work schedule pursuant to Rule 5 , prepare the report of initial environmental examination in the format as mentioned in Schedule 5 and the report of environmental impact assessment in the format as indicated in Schedule 6.
(2) Whilst preparing the report, the proponent shall, in the cases of initial environmental examination affix a notice in the concerned Village Development Committee or Municipality , Office of the District Development committee
school, hospital , and health post requesting the Village Development committee or Municipality and District Development Committee or concerned individuals or institution to offer their written opinion and suggestions within Fifteen days with regard to the possible impact of the implementation of the proposal on the
environment where the proposal is to be implemented and prepare a deed . The said Fifteen days notice shall also be published in a national level daily newspaper.  After the publication of such notice the opinions and suggestions so received in relation to the same shall also be included in the report.
Provided that, while preparing the report of environmental impact assessment, the proponent shall organize a public hearing about the proposal at the area of Village Development Committee or Municipality where the proposal is to
be implemented and collect opinions and suggestions.

8. …………

9. ……………
∗10. Submission of proposal for Approval : The proponent, who wishes to implement a proposal pursuant to Section 5 of the Act , shall Submit Fifteen copies of the ∗
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report prepared under Rules 7 along with the recommendation of the concerned Village Development Committee or Municipality to the concerned body for the    approval of proposal.

11. Power to Grant Approval to Implement Proposals:

(1) In cases where any proposal is received pursuant to Rule 10, the concerned body shall conduct investigations into the report attached to the proposal, and , in cases where the investigations show that the implementation of that proposal will have no Substantial negative impact on the environment , grant approval within Twenty One days from the date of its receipt in the case of a proposal which requires an initial environmental examination only , and forward to the proposal the Ministry along with its opinion as well as ten copies of the report within Twenty One days from the date of its receipt in the case of a proposal which requires and environmental impact assessment as well.
(2) In cases where a proposal is received pursuant to Sub-Rule (1), Ministry shall publish a public notice ♥
in any one of the daily newspaper, granting a time limit of Thirty days, to the general public to make a copy of the report themselves received along with the proposal on their own or to study it for offering their opinions and suggestions on it.
(3) In cases where any individual or institution wishes to offer his/her its opinion and suggestion on the report as mentioned in Sub-rule (2) he/she it shall send his/her its opinion or suggestion to the Ministry within thirty days ∗from the first date of publication.
(4) In cases where any opinion and suggestion is received under Sub-Rule
(3), the report shall be examined in the light of such opinion and suggestion as well as the opinion and suggestion offered by the Committee formed, if any, under Sub- section (4) of Section 6 of the Act, and in cases where such examination


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hows that the implementation of such proposal shall have no Substantial ∗ adverse impact on the environment the Ministry shall grant approval for its implementation.
(5) The Ministry shall grant its approval, under Sub-Rule (4) within ∗Sixty days from the date of receipt of the proposal.

(6) In case of inability to grant the approval within the period pursuant to Sub-Rule (5) due to the special reason the Ministry shall grant the approval for the implementation of proposal within Thirty days from the date of lapse of said
period.

12. Report to be complied with: The proponent shall mandatorily comply with the matters mentioned in the report, as well as the conditions prescribed by the  concerned body or the Ministry, while implementing the proposal.
13. Monitoring and Evaluation: (1) The concerned body shall monitor and evaluate  the impact of the implementation of the proposal on the environment.
(2) In case where it is found in the course of carrying out monitoring and evaluation under Sub-Rule (1) that the actual impact is higher than the one specified in the conditions prescribed at the time of approving the proposal, the
concerned body shall issue necessary directives to the proponent to adopt measures to reduce or control such impact and it shall be the duty of the concerned proponent to comply with such directives.
(3) The concerned body shall also inform the Ministry about the directives issued to the proponent under Sub-Rule


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14. Environmental examination and Maintenance Updated: Two years after the commencement of ∗Service, distribution and production relating to the implementation of a proposal requiring an environmental impact assessment , the  Ministry, shall carry out an environmental examination of the environmental impact of the implementation of the proposal and the measures adopted for reducing such impact etc. and maintain updated records thereof.