Kathmandu, October 15
The government has decided to allow adventure tourism activities and the construction of high-standard hotels in leasehold forest areas.
President Ram Chandra Paudel has issued the Ordinance to Amend Some Nepal Acts Relating to Forests, 2083 BS. Through the ordinance, the government has introduced a policy allowing leasehold forests to be used for tourism-related infrastructure development.
Leasehold forests are designated areas of national forests whose condition has deteriorated. A degraded forest is defined as one with less than 20 per cent crown cover.
Through the ordinance, the government has amended the Forests Act, 2019. The existing law permitted the use of leasehold forests to produce raw materials required by forest-based industries.
It also allowed plantation activities to increase forest-product yields for sale or use, as well as agroforestry and livestock farming, provided these activities contributed to forest conservation and development.
Similarly, the law permitted insect, invertebrate and wildlife farms or parks, along with ecotourism businesses, provided they supported forest conservation and development. The amendment has broadened the definition and scope of ecotourism.
Under the revised provisions, the Council of Ministers may lease out a portion of a national forest for nature-based ecotourism development, provided the activities do not adversely affect the environment.
The amendment permits adventure tourism activities in such forests, including paragliding, skydiving, bungee jumping, zip-lining, rock climbing, rafting and canoeing.
The construction of cable cars, chairlifts, ropeways and gravity-flow systems will also be permitted. Hotels rated four stars or above may now be constructed in these forest areas.
Additionally, infrastructure for nature-based ecotourism specified by the Government of Nepal through a notice published in the Nepal Gazette may be developed in such areas.
While physical infrastructure may be built in these forests, the remaining land must be used for forest conservation, development and restoration.
Infrastructure development will be restricted to the leased forest area and must not exceed either 20 per cent of the total forest area covered by the lease agreement or 2.5 hectares, whichever is smaller.
The amendment also requires developers to deposit a prescribed amount into a designated fund as an environmental protection fee, calculated according to the area of forest used for infrastructure development.
If trees need to be removed within the designated area, they may be felled only on the recommendation of the relevant office and with approval from the central department.
An environmental study report will also be mandatory for projects in these areas.
The government has been discussing opening forest areas to tourism activities for a long time but had not previously granted such permission. The amendment, however, does not allow opening national parks or other ecologically sensitive forest areas to such infrastructure development.
The government may revoke a lease agreement if the lessee undertakes activities that violate prevailing forest and environmental laws. A lease may also be terminated if the lessee acts contrary to the environmental study report or breaches the conditions of the agreement.
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