Section 36
Application May Be Made
(1) If a person executes, in contravention of this Act, a proposal without having the initial environmental examination, brief environmental study or environmental impact assessment report approved or in a manner inconsistent with the approved report or does or proceeds to do any act contrary to this Act, application may be made to the concerned body or authority.
(2) If any person, body or local community suffers any loss or damage as a result of the pollution or disposal of a hazardous waste by another person inconsistent with this Act or the rules, guidelines or standards framed under this Act, the person, body or local community victimized from such an act may make an application to the concerned body for getting compensation for the injury caused to such person, body or community.
(3) If, in examining and inquiring into the application made pursuant to sub-section (1) or (2), it is proved that the applicant has sustained loss or damage, the concerned body shall ascertain the injury and require a reasonable compensation to be paid by the person, body or proponent who has caused such loss or damage to the victim person, body or local community.
(4) There shall be formed a committee comprising three experts nominated by the Government of Nepal to make inquiry into any application made as to the injury caused from pollution made by any body of the Government of Nepal or body owned and controlled by the Government of Nepal, and compensation shall be paid pursuant to sub-section (3) on the basis of recommendation by that committee.
(5) There shall be formed a committee comprising three experts nominated by the Provincial Government to make inquiry into any application made as to the injury caused from pollution made by any body of the Provincial Government or Local Level or body owned and controlled by the Provincial Government or Local Level, and compensation shall be paid pursuant to sub-section (3) on the basis of recommendation by that committee.
(6) The basis for determining compensation pursuant to this Section and other provisions shall be as prescribed.
(2) If any person, body or local community suffers any loss or damage as a result of the pollution or disposal of a hazardous waste by another person inconsistent with this Act or the rules, guidelines or standards framed under this Act, the person, body or local community victimized from such an act may make an application to the concerned body for getting compensation for the injury caused to such person, body or community.
(3) If, in examining and inquiring into the application made pursuant to sub-section (1) or (2), it is proved that the applicant has sustained loss or damage, the concerned body shall ascertain the injury and require a reasonable compensation to be paid by the person, body or proponent who has caused such loss or damage to the victim person, body or local community.
(4) There shall be formed a committee comprising three experts nominated by the Government of Nepal to make inquiry into any application made as to the injury caused from pollution made by any body of the Government of Nepal or body owned and controlled by the Government of Nepal, and compensation shall be paid pursuant to sub-section (3) on the basis of recommendation by that committee.
(5) There shall be formed a committee comprising three experts nominated by the Provincial Government to make inquiry into any application made as to the injury caused from pollution made by any body of the Provincial Government or Local Level or body owned and controlled by the Provincial Government or Local Level, and compensation shall be paid pursuant to sub-section (3) on the basis of recommendation by that committee.
(6) The basis for determining compensation pursuant to this Section and other provisions shall be as prescribed.