The National Environment Act of Bhutan, endorsed by the National Assembly on June 21, provides a legal framework for the National Environment Commission to carry out its mandate say, commission officials. The commission has the mandate to guide the country, in a sustainable manner, on environmental cons-ervation and protection, but so far it had no basis on which it could carry it out.

“If we were questioned about our mandate, we did not have the basis such as the Royal Charter or an Act to back up the commission’s power and duties,� said the commission’s lawyer, Ritu Raj Chhetri.

The Act also gives the commission extraordinary powers to review conflicting legal provisions of different agencies, likely to impact environment, and come to a decision as to where the right should be vested.

“An interim order, valid till the next session of the parliament will be issued and endorsed by the parliament,� said Ritu Raj Chhetri.

There is conflict between different government agencies over the use and control of natural resources such as sand, stone and mineral.

Other problems faced, in the absence of the Act, was the supervising and guiding offices and organisations on forest resources or the green sector, according to officials.

The Environmental Assessment Act of 2000 covers the environmental issues pertaining to industralisation and urbanisation falling within the brown sector.

Ritu Raj said that so far, much had been talked about maintaining 60 percent of the country under forest cover. “But there were no provisions stating how to go about it,� he said.

“The commission has the power to constitute a cross-sectoral committee to revisit all plans and policies of the government and try to identify a way forward in maintaining the coverage.�

Addressing the National Assembly on June 20, the deputy minister of the commission, Dasho Nado Rinchhen, said that the Act was an umbrella Act.

“It would institutionalise the commission, its roles, powers, and functions and provide a legal framework for environmental sustainability,� he said. Source: Kuenselonline