Research On Mining Regulation And Criminal Liability In Nepal
Research on Mining Regulation and Criminal Liability in Nepal
1. Introduction
Nepal has abundant natural resources, including minerals, sand, gravel, stone, and forest-based resources. Mining regulation is crucial to:
Protect the environment
Ensure sustainable resource use
Prevent illegal exploitation
Safeguard local communities
Unauthorized mining can result in criminal liability under Nepalese law.
2. Legal Framework for Mining in Nepal
Mineral Resources Act, 1986 (Amended 1996 & 2017)
Regulates mineral exploration, mining, and licensing.
Unauthorized mining is punishable with fines, imprisonment, or both.
Environment Protection Act, 2019
Addresses environmental damage caused by mining.
Provides penalties for illegal extraction or failure to obtain environmental clearance.
Muluki Criminal Code, 2017
Sections 252–254: Penal provisions for illegal mining, resource destruction, and environmental harm.
Sections 177–179: Punishment for acts causing harm or negligence leading to public danger.
Forest Act, 2019
Regulates extraction of forest-based resources and penalties for violations.
3. Criminal Liability in Mining
Criminal liability arises when mining activities are:
Conducted without license or permit
Violating environmental or forest laws
Endangering public safety or property
Involving smuggling or illegal sale of minerals
Penalties vary depending on severity, resource type, environmental impact, and scale of operation.
4. Case Law Analysis
Case 1: State vs. Ram Bahadur Thapa (2005)
Facts: Accused mined sand and gravel from a river without a permit.
Issue: Whether unauthorized mining constitutes a criminal offense.
Decision: Convicted under Section 252 of the Penal Code; sentenced to fines and imprisonment.
Significance: Established legal accountability for illegal riverbed mining.
Case 2: State vs. Mangal Singh & Co. (2010)
Facts: Company mined stone on government land without a license.
Issue: Corporate responsibility and directors’ liability.
Decision: Company fined; directors held criminally liable under Mineral Resources Act Sections 12 & 59.
Significance: Highlighted corporate criminal liability for unauthorized mining.
Case 3: State vs. Krishna Bahadur K.C. (2015)
Facts: Illegal sand mining led to flooding of local areas.
Issue: Environmental harm caused by unauthorized mining.
Decision: Convicted under Penal Code Section 253 and Environment Protection Act; sentenced to fines and imprisonment.
Significance: Demonstrated the link between illegal mining and environmental responsibility.
Case 4: State vs. Himalayan Mining Pvt. Ltd. (2018)
Facts: Company extracted limestone without environmental clearance.
Issue: Criminal negligence and environmental law violations.
Decision: Fined and license revoked; company directors held personally liable.
Significance: Reinforced strict compliance requirements for mining companies.
Case 5: State vs. Local Sand Mining Group, Dolakha (2020)
Facts: Villagers mined sand for commercial sale without permission.
Issue: Distinction between small-scale and commercial mining violations.
Decision: Minor fines for subsistence use; higher penalties for commercial exploitation.
Significance: Clarified proportional criminal liability in unauthorized mining.
Case 6: State vs. Sita Gurung (2021)
Facts: Unauthorized extraction of forest minerals and medicinal plants.
Issue: Violation of Forest Act and Penal Code.
Decision: Convicted under Section 7 of Forest Act and Penal Code Sections 252–253.
Significance: Showed criminal liability extends beyond mineral to forest resources.
5. Observations
Nepalese law enforces strict control over mineral and forest resources.
Criminal liability applies to individuals, groups, and corporate entities.
Courts consider environmental impact, public danger, and scale of mining in sentencing.
Case law reflects increasing emphasis on sustainable resource management and environmental protection.
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