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Section 42
Use of Banakshetra

(1) Notwithstanding anything written elsewhere in this Act, if there is no other alternative than using forest areas to conduct national priority projects, plans approved for investment by the Investment Board, projects of national pride, and the implementation of such plans is significantly adverse to the environment through environmental testing in accordance with prevailing laws. If there is no impact, the Government of Nepal can give permission to use any part of the national forest for the purpose of conducting such a plan as specified.
(2) When forest area is provided for the operation of the plan according to sub-section (1), at least as much forest area should be used for planting trees in that area, connected with the national forest area as close as possible to the project site and belonging to the same geographical and ecological area and where forest can be developed. The land should be provided.
(3) If the province or local level has no other option but to use the forest area when conducting any development project and if it is found from the environmental test according to the prevailing law that there will be no significant adverse effect on the environment during the operation of such plan, a request to the Government of Nepal to acquire the land of such forest area to conduct the project. can do
(4) If the land is obtained in accordance with sub-section (3), the Government of Nepal subject to this section may give permission to use any part of the national forest for the implementation of such project.
(5) Notwithstanding anything written in sub-section (2), in the event that such land is not available, the manager of such a project shall provide the amount required to arrange the land for forest development.
(6) The manager of such a project shall provide the amount required for growing and maintaining trees for five years on the land as per sub-section (2) or (5).
(7) The sub-section regarding the use of land in the forest area according to sub-section (1). The amount received as per (5) and (6) shall be deposited in the fund as per section 45.
(8) If there is any loss or damage to any person or community while giving permission to use any part of the forest according to sub-section (1), the Government of Nepal shall make appropriate arrangements for compensation.