Positive prospects of 'Sunset' laws

The faster the pace of project construction, the faster the benefits are realized. In our country, the pace of project construction is so slow that they are not completed for years.

Jestha 20, 2083

Editorial

Positive prospects of 'Sunset' laws

We use Google Cloud Translation Services. Google requires we provide the following disclaimer relating to use of this service:

This service may contain translations powered by Google. Google disclaims all warranties related to the translations, expressed or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose, and noninfringement.

The construction of physical infrastructure is understood by the general public as synonymous with development. Especially projects related to development infrastructure such as roads, bridges, drinking water, irrigation, and hydropower make the lives of citizens easier. They create employment opportunities and business opportunities. They also contribute to the country's economic activities. The faster the pace of project construction, the faster the benefits are obtained. In our country, the pace of project construction is so slow that they are not completed even for years. They are often known as dilapidated projects due to the cycle of deadline extensions.

Such projects can neither give development satisfaction nor benefits. Citizens have to spend decades believing that 'development work is underway'. Against this background, the government is trying to bring the 'sunset' law. It can be expected that infrastructure construction will gain momentum once the law is formulated and implemented.

In our country, the problem starts from the process of awarding contracts for any infrastructure construction. Even though it is in accordance with the rules, the contract is awarded without even completing the 'site clearance' work. And years are spent on tasks such as cutting trees, removing electricity poles, and distributing compensation. On 4 December 2001, the then Chief of Army Staff Prabhuram Sharma told the State Affairs and Good Governance Committee of the House of Representatives that it took 9 months to cut four trees even after completing all the procedures on the Kathmandu/Terai-Madhesh Fast Track.

The delay in cutting trees in the Narayangadh-Butwal road expansion project had caused obstacles. Even now, problems are being faced in the work of moving electricity poles on the Kakadbhitta-Laukahi and Malekhu-Mugling road sections. Due to the lack of a strong structure for inter-ministerial coordination, small and big projects across the country have been suffering.

In Nepal, the government is also going to bring such a law for 10 years. There should be no intention to extend this law in the future. Similarly, compensation distribution has also caused problems. Disputes have also arisen during the excavation of construction materials. Due to the possibility of immediate and long-term negative impacts from infrastructure construction, locals have also obstructed construction. This has also slowed down the pace of projects that have already started. Similarly, most construction entrepreneurs do not take honest initiatives to complete the projects they have contracted on time. As construction work is delayed, citizens are delayed from receiving the benefits they deserve from the related projects.

Business plans made by identifying with the project are disrupted. When the project is stalled, citizens also have to suffer frustration and in some cases, they are also the cause of accidents at the project site. The pace of development of the country slows down. The pace of capital formation and job creation also slows down and ultimately economic development is delayed. It cannot convey the message that development work is underway among the citizens. Overall, frustration increases everywhere.

The main objective of the ‘Sunset’ law is to remove all obstacles related to infrastructure construction. This law will facilitate problems such as land acquisition not being completed on time, environmental impact assessment (EIA) not being approved on time, and trees not being cut down as per the approved EIA. Work is currently underway on the draft of this law. If the law is implemented as drafted, in the future, if any body refuses to work quickly according to the law, a high-level steering committee will be formed under the chairmanship of the Prime Minister, and that committee will directly order the work.

In the case of stones, gravel, and sand, the concerned project itself will have to mention in the EIA report how much to extract and from where. Even though construction materials fall within the jurisdiction of municipalities, the project concerned should hold a public hearing on this matter, and in this hearing, it should be clearly disclosed from where and how much will be taken. This law helps in completing contracts that have been lying dormant for a long time. In conclusion, the purpose of this law is to speed up the process of infrastructure construction and facilitate immediate resolution of problems that arise in the process.

The Sunset Law can address the problems seen in infrastructure construction in our country and the legal arrangements needed to address them. But such a law is not problem-free. Because, it is like a 'super law'. It can interfere with the laws and processes that were previously in practice, and can make them inactive. This law will also make the Prime Minister more powerful. This will increase the risk of arbitrary decision-making as power will be centralized in the Prime Minister.

The exercise of power can get more priority. It may also be a matter of ignoring the legitimate concerns of the locals, violating their cultural and community sensitivities, and imposing so-called development. Whereas, local trust, ownership, and participation in development work are currently a burning issue worldwide. That cannot be ignored. On the other hand, there is a risk of making aspects like EIA, public hearings, costs, tree felling, electricity pole relocation, construction completion time, compensation, etc.

The ‘sunset’ law can only be practiced for a short period of time. It is appropriate to use it with the positive objective of creating a rapid pace in infrastructure construction by addressing the problems that have been stagnant so far. In Nepal too, the government is going to bring such a law for 10 years. There should be no intention to extend this law in the future. That strengthens the exercise of power rather than methods and processes. On the other hand, keeping any initiative under the Prime Minister will not be successful.

For example, when Baburam Bhattarai was the Prime Minister, 17 major development projects were included in the 'Projects of National Pride' and placed under the Prime Minister's Office with the aim of facilitating obstacles during construction. But the pace of such projects is also slow. Since the practice of 'Sunset' law is new, its effect will have to be awaited. The main goal should be to improve the provisions of regular laws and streamline the processes.

Editorial

Link copied successfully