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ENV LAW Presentation -Provisions related to Civil Code 2072 Bhattarai -Prajwal

National Civil Code of Nepal 2074 has installed more regulatory safeguards and imputing positive measure undertaken to improve the Environment.<br> Complaint to the Regulating Authorities and mechanism has been incorporated in this Act.<br> Certain activities are prohibited under the Act which will hamper, degrade and damage environment like pollution, harmful substances and by changing the environment directly or indirectly.<br>This Act mandates mentioning social, cultural, chemical and biological impact on the environment by widening the scope of regulatory regime in Nepal.u000bu000b<br>

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ENV LAW Presentation -Provisions related to Civil Code 2072 Bhattarai -Prajwal

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  1. Analysis of National Civil Code 2074 provisions to protect environment? Prajwal Bhattarai( Nepal )

  2. Overview • National Civil Code of Nepal 2074 has installed more regulatory safeguards and imputing positive measure undertaken to improve the Environment. • Complaint to the Regulating Authorities and mechanism has been incorporated in this Act. • Certain activities are prohibited under the Act which will hamper, degrade and damage environment like pollution, harmful substances and by changing the environment directly or indirectly. • This Act mandates mentioning social, cultural, chemical and biological impact on the environment by widening the scope of regulatory regime in Nepal.

  3. Water/Waste Management 281. Prohibition of channeling water of house or roof: No person shall channel the water of his or her house or roof to other's house or land or a public road.282. Prohibition of making safety tank adjoining to neighbor's land: (1) No person shall construct a safety tank by adjoining it to the neighbor's land. (2) If a person has to construct a safety tank in his or her land, • he/she shall leave at least the land according to standards specified by the concerned body, • except in cases where the neighbor's consent is available.

  4. Proper Land Use & Water Management 283. To leave land while digging well or Kuwa: • In digging a well or a small (Kuwa) in one's land, One shall leave the land • distance of at least one meter can be maintained from the neighbor’s land. 288. Requirement to allow land to be used for ditch : Concerned owner of the land shall provide the land for the construction of the ditch where it is appropriate.

  5. 289. Prohibition of using whole water of river or stream: • No owner of a land shall so use the whole water of the river or stream • which originates or flows from the land as to prevent the owner of downstream land • and adversely affects the ecological balance • endanger the life of aquatic animals in the river or stream. 290. Prohibition of making new ditch affecting irrigated field: • No person shall construct a new ditch above a land irrigated by a ditch already made • and in operation in a manner to significantly lessen the volume of water in that land.

  6. 292. Prohibition of alteration in ditch without consent: • If any ditch is constructed only in the land of a person and other persons have also been using the ditch, • the owner of land where such ditch is situated shall not be allowed to alter the ditch without consent of the other persons using it.

  7. 378. Prohibition of preventing natural flow of water: • rain water shall be allowed to make its natural course. • no water shall be let to so flow as to cause adverse effect on the downstream land by making a ditch, • controlling floods or otherwise diverting the flow or through human intervention.

  8. Protection of Natural Resources 299. Property deemed to be government property 300. Property deemed to be public property.( Forests, or trees or trees, bushes in forests, rivers, rivulets, streams, lakes, ponds & banks, Canals, ditches, barren lands, mines/minerals, himalaya, mountains, rocks, sandy lands, Wells, water passage, shores, banks thereof, )

  9. 304. Obligation to protect government, public or community properties: • Government, public or community properties shall itself protect such properties. • Responsibility of the concerned district level administrative office and Local Level. • Concerned community and Local Level shall be responsible for the protection of the community property. 307. Prohibition of building structure in Government, Public or Community Properties.

  10. Trust Objectives shouldnot contradict with Environment 315 (2) A trust established for the accomplishment of the following object shall be deemed to be a public trust: (f) To protect natural, historical or cultural heritages or to promote such act, (g) To operate programs for the protection of wildlife, aquatic animals or environment.

  11. Tortious Liabilities / Nuisance 678. Owner of property to bear liability: The concerned property owner shall be liable for the loss or damage, if any, caused to any one as a result of the following: (c) Emission of excessive smoke, noise by any industrial enterprise in contravention of the specified standards, (e) Discharge of any infected or toxic substance or communicable disease carrying substance openly through a canal, ditch, pipe or sewerage, without adopting precautionary measures properly, in contravention of the specified standards.

  12. Thankyou !!! Any Questions ? prajwal7bhattarai@gmail.com

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