Following to the decision of the Supreme Court on January 2, the National Parks and Wildlife Protection Act, 2029 amendment passed by the government through an ordinance entered into a doubtful state. So as the future of the projects in the national parks, protected areas, reserves, intermediate areas and its borders has been in doubts.
The Association of Independent Power Producers (IPPAN) organized a press conference on Sunday and stated that due to the Supreme Court’s constitutional decision the future of the 19 thousand 736 megawatt hydropower project under construction and operation went in doubt.
Through an ordinance, the government, amended the National Parks and Wildlife Protection Act, 2029 by adding 5 ‘a’ to section 5 and sub-section (1 a) to section 6.
The private sector engaged in hydropower generation states that the said amendment has opened the door for the economic benefit and national prosperity of Nepal and the Nepali people and the natural resources and means and potentials on the border of the mountains and hilly regions of Nepal.
On 2nd January, the Constitutional Court has repealed the Act in accordance with the demands of the petitions. ‘National Parks and Wildlife Conservation Act, 2029 added to Section 5A and Section 6 (1A) as it is in conflict with the mentioned constitutional provisions, according to the petition to amend certain Nepal Acts related to investment facilitation, according to Section 3 of the Act, 2081 National Parks and Wildlife Conservation Act, 2029 Section 5A and Section 6 (1A) added in Article 133 of the Constitution of Nepal (1) has been invalidated and annulled since the beginning,’ the order of the Supreme Court mentions.
With the repeal of the Amendment Act by the Supreme Court, IPPAN says that 267 hydropower projects with a capacity of 19,736 megawatts, which have invested billions by paying fees, royalties and revenues according to the prevailing laws, and also obtaining permission for electricity generation and surveying, will have to face complications again.
As per IPPAN, 14 projects of 1324.52 MW in Kanchenjunga Conservation Area, 27 projects of 5561.86 MW in Makalu-Varun National Park, 4 projects of 214.6 MW in Everest National Park, 41 of 2075.613 MW in Gaurishankar Conservation Area, 1322 in Langtang National Park .26 projects of 631 MW, in Manaslu Conservation Area 11 projects of 2024.5 MW, 78 of 2554.631 MW in Annapurna Conservation Area, 3 projects of 909.36 MW in Dhorpatan Sikar Reserve, 2 projects of 241 MW in She-Foksundo National Park, 10 of 272.5 MW in Api Nampa Conservation Area and intermediate areas and It has 51 hydropower projects of 3000.433 MW within its boundaries.
