Karlis Svikis / Madhab Raj Ghimire, Infrastructure Legal/Regulatory Consultant
Nepalese Waste policy objectives and priorities
Sound waste policy objectives and accurate
regulatory instruments designed to achieve those objectives shall constitute a
cornerstone of every national waste management system. A stable regulatory
framework is of outmost importance for the national authorities to plan their
long-term strategy with regard to the waste management in the country.
Implementation of the policy objectives requires substantial human, financial
and technological capacities to be invested over a long period of time, and it
is absolutely essential to ensure long-term security for those entrusted with
the particular tasks. By trying to solve the existing waste-management problems
by means of short-term solutions the respective country faces a danger of
facing environmental, financial and political drawbacks in the medium- and
long-run.
Among the primary waste policy objectives
should be mentioned the following:
- minimisation of the negative effects
of the generation and management of waste on human health and the environment;
- reduction of the resources usage;
- application of the waste hierarchy.
Accordingly, the priorities of a waste
management system shall emphasise waste prevention as the first and foremost
goal, and shall prefer re-use and material recycling of waste to energy
recovery from waste, provided this is feasible under the existing circumstances
and insofar as they are the best ecological options. The respective country
shall develop waste prevention programmes concentrating on the key
environmental impacts and taking into account the whole life-cycle of products
and materials. Such measures should pursue the objective of breaking the link
between economic growth and the environmental impacts associated with the
generation of waste.
The respective regulatory instruments
shall precisely define the concepts of waste, recovery and disposal, and shall
strengthen the measures that must be taken in regard to waste prevention. The
whole life-cycle of products and materials shall be taken into consideration
and not only the waste phase. The focus shall be put on educing the
environmental impacts of waste generation and waste management, thereby
strengthening the economic value of waste. Furthermore, the recovery of waste
and the use of recovered materials should be encouraged in order to conserve
natural resources.
In a similar manner, the pertinent legal
instruments shall define the concepts of prevention, re-use, preparing for
re-use, treatment and recycling of waste.
Based on the experience of the countries
with developed waste management systems, the very crucial
polluter-pays-principle shall be incorporated into the regulatory framework.
The waste producer and the waste holder should manage the waste in a way that
guarantees a high level of protection of the environment and human health.
Economic instruments can play a crucial
role in the achievement of waste prevention and management objectives. Waste
often has value as a resource, and the further application of economic
instruments may maximise environmental benefits. The use of such instruments at
the appropriate level should therefore be encouraged.
Approach of the EU and its Member States
All the above mentioned principles have
been elaborated and applied in the EU and its Member States throughout the last
two decades. Currently, Europe’s approach constitutes the most advanced waste
management system worldwide, and is based on three guiding principles:[i]
1. Waste prevention: This is
a key factor in any waste management strategy. It aims at reducing the amount
of waste generated in the first place and reduce its hazardousness by reducing
the presence of dangerous substances in products, then disposing of it will
automatically become simpler. Waste prevention is closely linked with improving
manufacturing methods and influencing consumers to demand greener products and
less packaging.
2. Recycling and reuse: If waste
cannot be prevented, as many of the materials as possible should be recovered,
preferably by recycling. The European Commission has defined several specific
'waste streams' for priority attention, the aim being to reduce their overall
environmental impact. This includes packaging waste, end-of-life vehicles,
batteries, electrical and electronic waste. EU directives now require Member
States to introduce legislation on waste collection, reuse, recycling and
disposal of these waste streams. Several EU countries are already managing to
recycle over 50% of packaging waste.
3. Improving final disposal and
monitoring: Where possible, waste that cannot be recycled or reused should
be safely incinerated, with landfill only used as a last resort. Both these
methods need close monitoring because of their potential for causing severe environmental
damage. The EU has recently approved a directive setting strict guidelines for
landfill management. It bans certain types of waste, such as used tyres, and
sets targets for reducing quantities of biodegradable rubbish. Another recent
directive lays down tough limits on emission levels from incinerators. The
Union also wants to reduce emissions of dioxins and acid gases such as nitrogen
oxides (NOx), sulphur dioxides (SO2), and hydrogen
chlorides (HCL), which can be harmful to human health.
The latest EU legislative framework in the
field of waste management consists of the following six instruments:
- 0020Waste Management Framework
Directive
- Packaging Waste Directive
- Hazardous Waste Directive
- Waste Incineration Directive
- Landfill Directive
- Shipment of Waste Directive
All these instruments are to be transposed
and properly implemented into the legislation of individual Member States.
Particularities of Nepal
When developing a waste management system
in Nepal, various particularities of the country shall be considered. Among
others, these include:
Financial capabilities: implementation of a strong waste
management system is a long-term process requiring substantial financial investments.
A country with limited financial capabilities should put prime emphasis on
those options allowing attract significant private resources into the
development of the waste management system. Different types of
private-public-partnerships shall be considered. In order to encourage the
investments, Nepal should emphasise those options that allow private investor
to recover its investment through different modes of waste utilisation (energy
production; recycling, etc.). Such option shall be supported by appropriate
instruments of fees (e.g. for waste collection) and tariffs (e.g. for energy
produced from waste).
Promotion of renewable energy resources: the waste management system shall
encourage using the existing and new waste landfills for producing renewable
energy. By doing that, not only would Nepal make the waste management more
attractive for private investors; it would also provide additional means for
fighting energy shortcomings faced by various regions of the country.
Utilisation of water resources: water constitutes the main natural
source in Nepal. By developing an environmentally responsible waste management
system, which pays due attention to preventing pollution of rivers, lakes and
groundwater through waste disposal, Nepal would create additional opportunities
of utilising water resources. Furthermore, the general environmental impacts
shall not be underestimated.
By introducing a new state-of-the-art waste management
system, which considers the latest environmental, technological and political
particularities in the region and also world-wide, Nepal could set an example
for other countries in the region. Depending on regional particularities,
geographical circumstances and particular waste treatment necessities (e.g
requiring specialised installations) different cross-border projects could be
envisaged.
Nepal shall refer to an international
experience in the field of waste management and look for cooperation partners
capable of implementing the respective goals. These partner institutions shall
be selected by means of a call
for proposals. The cooperation areas shall encompass, among others, a comprehensive assessment of the
national infrastructure, relating to the legal, institutional, administrative
and technical aspects of waste management, along with an understanding of the
nature and extent of waste availability and use in the country. The aim of developing structural
reforms, rather than simply drafting legislative instruments any new or adapted system must be
self-sufficient and function under the auspices Nepal.
karlis.svikis@bnt.eu/mrghimire@hotmail.com
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