Abstract
In the global context, land-use policies have been considered as one of the significant aspects to obtain sustainable land management. Although this is a situation, it is not always achievable. Therefore, the critical analysis of land use policies is required. This chapter aims to understand the state of the art in land-related policies in Nepal after 1951 that contribute towards SLM. The methodology applied is the desktop review approach. The analytical framework namely sustainable land management (SLM) consisting of parameters: productivity, security, protection, viability, and acceptability, is developed. Under the basis of the SLM framework, content analysis has been carried out. The results show that although the policies take into account all the components of sustainability, the lack of implementing the integrated land use policy has triggered the questions for sustainable land management. The chapter recommends innovative approaches like parcel-based land use planning to obtain sustainable land management.
TopIntroduction
Land management can be understood as a process whereby land resources are utilized effectively to obtain sustainability in its use. It encompasses all the activities associated with the management of land and natural resources that are required for the achievement of sustainable development components (Enemark, 2005). According to Brundtland Report’s sustainable development is defined as “that [which] meets the needs of the present without compromising the ability of future generations to meet their own needs”(WCED, 1987). and Further, the United Nations has confirmed three dimensions of sustainable development which are social, economic, and environmental (United Nations, 2005). The Agenda 21, which is an outcome from the United Nations Conference on Environment and Development (UNCED) held in 1992 in Rio de Janeiro, highlighted the importance of land use planning for achieving sustainable development (United Nations, 1992). Land use planning as defined by the United Nations Environment Programme and United Nations Food and Agriculture Organization, published in 1999, is understood as, “Systematic and iterative procedure carried out to create an enabling environment for sustainable development of land resources that meets people’s needs and demands”. Land use planning when intact with evidence based policy (Pawson, 2006) then it brings paradigm shift in land management for obtaining sustainability in all dimensions (Enemark, 2005).
In the global context, land-use policies have been considered as one of the significant aspects to obtain sustainable land management. According to Enemark (2005), land use plan, which is one of the functions of land administration, is also a factor in the land management paradigm to obtain sustainable development. In the holistic understanding, land use policies drive the sustainable management of land and it is about integrating environmental concerns with socio-economic principles that can be achieved by combining technologies and land-use policies. The importance of land-use policies has been realized in Nepal for the sustainable management of land (Nepal et al., 2020; Sharma, 2012). National Land Use Policy 2015 is still under the implementation process due to the formulation of regulations and guidelines are under progress. The delay in the implementation had caused the consequences like encroachment on public and state lands such as forest, increment in informal settlements, and deterioration of ecosystem, food insecurity, and haphazard urban growth (Chand, 2019). To tackle the consequences the policy instruments like land-use zoning required to be enforced in order to control and to discourage unauthorized use of land, control land fragmentation and haphazard urbanization, determine land use of the specific parcel. The land use Act 2019 of Nepal has been endorsed by the apex bodies (Maharjan, 2019), and the preparation of local level land use zoning and planning for the seven provinces are planned to complete on the fiscal year 2020-21(MOF, 2020). Although, various initiatives are taken for effective use of land by the Nepal government, the management of land is still weak. Moreover, the effectiveness of land use policies should be assessed after its implementation. Since it is not possible to assess the effectiveness of Land Use Policy yet, this study proposed to analyze the existing land use policies.
The objective of this chapter is to understand, how the various sectoral policies have mentioned the dimension of sustainable land management in concerning with the integrated policy in land use. The analytical framework, namely sustainable land management (SLM) framework has been developed referring to the framework for evaluating sustainable land management (FESLM) which was initially developed by Smyth et al. (1993). The framework developed for this study is integrated also with the components of sustainable development. The content analysis based on the developed SLM framework revealed that various sectoral policies are governing the use of land. The implementation of the integrated framework for the use of land guided by specific policies related to land is of prime necessity to eliminate the conflicting situation. The implementation guideline that captures the use of land at the parcel level has been recommended.
Key Terms in this Chapter
Forest Zone: It is a Zone where the land is covered fully or partially by trees and other vegetation including wildlife conservation.
Government Land: Government land can be defined as land under government ownership.
Slums: According to the definition of UN-HABITAT, a slum is characterized as a contiguous settlement characterized by poor housing conditions, inadequate basic services, and insecure land tenure.
Land Tenure: Land tenure is termed as a relationship between individuals and groups of people concerning land and land-based resources.
Public Land: Public land can be defined as land allocated for use of the general public and mentioned in the Nepal Gazette by the government of Nepal.
Private Land: Private land can be defined as freehold tenure having the right to use, lease, mortgage, and transfer and build infrastructure.
Agriculture Zone: It is a zone used for agricultural production, agriculture forest products, and plants planted in private land and a zone declared by the government.