Professional Documents
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Constitution and Environment (2022)
Constitution and Environment (2022)
SRI LANKA
The Executive
The Judiciary
Pariament
Provincial Council
Acts of Parliament
……………………………..
Statutes of Provincial Councils
(Substantive Law)
……………………………………………..
Regulations Regulations
Order Orders
Rules Etc
By-Laws
Proclamations
(Subordinate or Subsidiary Law)
• Environmental Law
The definition of Environment
The National Environmental Act No. 47 of
1980 defines the word “ environment” as
follows:-
“ environment” means the physical factors of
the surroundings of human beings including
the land, soil, water atmosphere, climate,
• sound, odours, tastes and the biological
factors of animals and plants of every
description.
• This definition can be given a broad
meaningful interpretation to include “ man
and his surroundings”.
• This includes the following:-
• physical or non-living (air, water, soil)
• biotic component (plants, animal reptiles)
• social component (people and what the
have created – infrastructure facilities,
culture economy etc.
• “God has created mother nature to fulfil
the needs of humankind and not to its
greed”. Mahathma Gandhi
• The branch of environmental law has
become necessary as environmental
problems are increasing both at national
and global level levels.
• .
• The include acid rain, climate change,
global warming, sea level rise and
depletion of the Ozone layer.
• Unchecked environmental degradation,
the consequent threats to the survival of
human, animal and plant life have
developed into a new area of law as
environmental law.
• Environmental law encompasses many
branches of the law such as Constitutional
law, administrative law, delict, property,
criminal law, international etc.
Environmental law of Sri Lanka
(
• Article 28 dealing with fundamental
duties states as follows:-
•
• (a) to uphold and defend the Constitution
and the law;
• (b) to further the national interest and to
foster national unity;
• (c) to work conscientiously in his chosen
occupation;
• (d) to preserve and protect public
property, and to combat misuse and
• waste of public property;
• (e) to respect the rights and freedoms of
others; and
• (f) It is the duty of every person in Sri
Lanka to protect nature and its riches
Though the abovesaid provisions do not confer or
impose legal rights or obligations and are not
enforceable in any court or tribunal, nevertheless they
have been duly recognized by our courts. Article 29
SUSTAINABLE DEVELOPMENT
Development that meets the needs of the present without compromising the
ability of future generations to meet their own needs.
Human beings are at the centre of concerns for sustainable development. They
are entitled to a healthy and productive life in harmony with nature.
“Coastal Zone” means an area lying within a limit of three hundred meters
landwards of the Mean High Water line and a limit of two kilometers seawards
of the Mean Low Water line;
In the case of rivers, streams, lagoons or any other body of water connected
to the sea either permanently or periodically, he landward boundary shall
extent to a limit of two kilometers measured perpendicular to the straight base
line between the natural entrance points thereof and shall include the waters
of such river, lagoon etc.
According to Part III of the Act any person who wishes to engage in any
development activity within the Coastal Zone shall obtain a permit from the
Director of the Coast Conservation Department.
Procedure:-
- Application to the Director;
- Director requiring the applicant to furnish an EIA relating to the development
activity;
- Submission of the EIA by the applicant to the Director;
- Director sends the EIA to the
(a) Council for its comments within 60 days;
(b) Public to make comments within 30 days of the publication of the notice in the Gazette
specifying the time and place for inspection of the EIA
- the Director may vary the condition or revoke the permit (stating reasons) if he is satisfied that-
(a) the permit holder has contravened any of the conditions;
(b) such variation or revocation in necessary for the proper management of the Coastal Zone
* any person aggrieved by any decision of the Director may appeal to the Secretary within 30 days
of the communication of the decision of the Director.
Part IVC of the Act contains detail provisions relating to the EIA procedure in detail.
PRESCRIBED PROJECTS
The Minister has made Order under section 23Z of the NEA prescribing the projects which should
comply with IEE/EIA vide Gazette Extraordinary No. 722/22 dated 24th June 1993 as amended by
Gazette Extraordinary No.859 /14 dated 23rd February 1995; and Gazette Extraordinary No.
1104/22 dated 27th October 1999
• THE NATIONAL ENVIRONMENTAL ACT
NO. 47 OF 1980 AS AMENDED BY ACTS
NOS. 56 OF 1988 AND 53 OF 2000
• PRESCRIBED PROJECTS
Part IVC of the Act contains detail
provisions relating to the EIA procedure in
detail.
• PRESCRIBED PROJECTS
The Minister has made Order under section 23Y of the NEA specifying the PAAS
Gazette Extraordinary No.859 /14 dated 23rd February 1995.and Gazette Extraordinary No.1373 /6
dated 29th December 2004.
7) The Ceylon Tourist Board established under the Ceylon Tourist Board Act
No.10 of 1966.;
SCOPING
(Terms of Reference will be laid down to find out as to whether the PP
will have submit an IEE or EIA)
An Environmental Impact Assessment report has been defined under section 33 of the NEA:-
It is a written analysis of the predicted environment
containing the following:-
Descriptions, data, maps, designs and other details as may be prescribed by the
Minister.
Part VII of the Statute sets out the procedure for the approval of Projects within the Provincial Council
limits of the North Western Provincial Council.
The Provincial Council Minster in charge of the subject of Environment has made an Order under
section 61 of the above Statue prescribing the Project Approving Agencies as set out in section 41 of
the said Statute and the Prescribed Projects as set out in section 42 of the said Statute by Gazette
Extraordinary No.1,020 /21 dated 27th March 1998.
PRESCRIBED PROJECTS
Parts IVA and IV B of the National Environmental Act contain provisions relating to
environmental protection and environmental quality. Order made under section 23A of the
NEA and Regulations made under section 23A of the NEA also contain provisions relating
to environmental protection and environmental quality.
A person who is carrying on an activity that pollute the environmental media such as air,
water and land should obtain a license from the relevant authority. The volume of
substances discharged into the environment is controlled by means of conditions
attached to the license. The National Environmental Act contains definitions of (i)
pollution; (ii) waste; (iii) environment; and (iv) beneficial use in this regard.
• Environmental Protection License
The broad framework of the Environmental Protection License procedure is set out
in the following–
1.Section 23 A of the National Act.
2.The Order made under section 23A of the National Environmental Act and
published in Gazette Extraordinary No. 1533/16 dated 25th January 2008, which
prescribes the activities for which EPL is required.
Part A of the Order relates to high polluting industries such as Chemicals
manufacturing or repacking industries etc.
Part B of the Order relates to Medium polluting industries
Licensing and Renewal fee for activities set out under Part B -
For three years or less Rs. 6,000/=
Licensing and Renewal fee for activities set out under Part C -
For three years or less Rs. 4,000/=
(a) The National Environmental (Protection and Quality) Regulations No. 1 of 2008 made under
section 32 read with 23A and 23B of the National Environmental Act and published in Gazette
Extraordinary No. 1534/18 dated 1st February 2008 deals with the following:-
(i) tolerance limits for the discharge of Industrial Waste into inland surface waters;
(ii) tolerance limits for the discharge of Industrial Waste land for Irrigation purpose;
(iii) tolerance limits for Industrial and Domestic Waste into Marine Coastal areas;
(iv) tolerance limits for Waste from Rubber factories being discharged into inland surface waters;
(v) tolerance limits for Waste from Textile industry being discharged into inland surface waters;
(vi) tolerance limits for Waste discharged from tanning industries;
(vii) tolerance limits for Waste discharge of Effluents into Public Sewers with Central Treatment
Plants;
(viii) mode of application etc.; and
(ix) the general terms and conditions.
According to the above said provisions, no person shall discharge, deposit or emit waste into the
environment or carry on any prescribed activity in circumstances which cause or likely to cause
pollution, otherwise than under the authority of a license issued by the Central Environmental
Authority and in accordance with such standards and criteria specified in Schedule 1 of the
Regulations, in respect of the specified industries.
The Authority may also may by direction impose more stringent standards and criteria than those
specified in Schedule 1, in respect of any prescribed activity, having regard to the need to protect the
receiving environment.
• A license is issued on an application made in respect of that behalf and on payment
of the prescribed fee; A license is valid upto a period not exceeding three years.
(c) the applicant has taken adequate steps for the protection of the environment
in accordance
with the requirements of the law. (Regulation 7)
An application for a renewal of a license shall be made at least three months before
the expiry of the license.
The Authority may, before issuing an order suspending or canceling a license under
section 23D of the Act, give the holder of the license an opportunity to show cause as
to why such order should not be issued;
Provided if the receiving environment has been changed or altered due to the continued discharge of
waste and it affects the beneficial use of the environment, the Authority shall forthwith make an order
suspending the license for a period to be specified in the order or cancel such license. (Regulation 9).
Part II of the Regulation deals with the Issue of License for the Management of scheduled Waste.
No person shall generate, collect, transport, store, recover, recycle or dispose waste or establish any
site or facility for the disposal of waste listed under Schedule VIII of the Regulation except under the
authority of a license issued by the Authority and in accordance with such standards and other criteria
as may be specified by the Authority.
Application for a license shall accompany the following:-
(a) a valid certificate of insurance or any form of financial security acceptable by the Authority,
of such sum as is sufficient to cover the risk or damage that may be caused to the public as a
result of any activity relating to waster management.
(b) Such other additional information as the Authority may consider necessary in the interest of
Every application for a license for managing Schedule waste shall by accompanied by a fee
calculated on the following basis:-
Generator - Rs. 1000
Collector - Rs. 1000
Storer - Rs. 10,000
Transporter - Rs. 2000
Recycler - Rs. 5000
Recoverer - Rs. 5000
Disposer - Rs.100,000
A license issued under these regulations is not transferable.
The Authority shall have the power to monitor and inspect activities covered by the license and to
issue guidelines in the management of schedule waste.
Everyone person involved in the management of waste shall, in addition to any other signs or
symbols required under any law, display a plainly visible notice in Sinhala, Tamil and English on the-
(a) site of generation or storage;
(b) vehicle used for transportation;
(c) containers or tanks used for collection and storage; and
(d) disposal sites whither approved or not,
the following statement and visual sign - “Warning, contains waste, Dangerous to human health and
the environment”.
Every generator collector, storer, transporter, recycler, recoverer and disposer of schedule waste shall
ensure that all its employees are adequately trained in handling schedule waste and have a regularly
updated action plan approved by the Authority and to ensure that all such employees shall be
protected by appropriate clothing and other precautions from the adverse effects of the schedule
waste etc.
• Appeal
The Secretary may also establish an Appeals Advisory Committee to advise him in
making his decision in appeal.
(i) the manufacture of polythene or any polythene product of twenty (20) microns or below
for country use; and
(ii) the sale or use of polythene or any polythene product which is twenty microns or
below in thickness;
• The Minister has made the National Environmental (Air Emission, Fuel and Vehicular
importation Standards ) Regulations under section 23J and 23K of the Act published
in Gazette Extraordinary No. 1295/11 dated 30 th June 2006 relating to
Vehicular Exhaust Emission Standards;
Fuel Standards;
Vehicular Exhaust Emission Standards for importation of vehicles.
The Minister has made the National Environmental (Prohibition of the use of
equipment for exploration, mining and extraction of sand and gem) Regulation which
is published in Gazette Extraordinary No. 1454/4 dated 17 th July 2006 which prohibits
mechanized mining sand etc.
The Minister has made the National Environmental (Prohibition of the use of
equipment for exploration, mining and extraction of sand and gem) Regulation which
is published in Gazette Extraordinary No. 1454/4 dated 17 th July 2006 which prohibits
mechanized mining sand etc.
The Minister has made an Order under section 23W of the Act prohibiting the use of
certain materials as Ozone depleting substance which is published in Gazette
Extraordinary No. 850/4 dated 20th December 1994.
The Minister has made Regulations under section 23P, 23Q and 23R of the Act
relating to the control of noise – The National Environmental (Noise Control) which
are published in Gazette Extraordinary No. 924/12 dated 23 rd May 1996.
• National Environmental (Prohibition of the
use of equipment for exploration, mining
and excavation of sand and gem)
Regulations
• Gazette No. 1454/4 dated 17th July 2006
The provisions relating to Public Nuisance:-
causes any common injury, danger or annoyance to the public or the people in general who dwell
or occupy property in the vicinity or which must necessarily cause injury, obstruction, danger or
annoyance to persons who may occasion to use any public right.
- Sections 56 and 63 of the Police Ordinance deal with the powers of a police officer in respect of
public nuisance. Accordingly it shall be his duty to use his best endeavours and ability to prevent
all crimes, offences and public nuisances in any part of Sri Lanka.
I.G.’s Circular No. 1196/95 and Crime Branch Circular No. 5/95 also impose duties on police
officers to prevent public nuisance.
Most environmental problems resulting from noise, vibrations, discharging of waste and
emission
of smoke, fumes and dust are also causes of public nuisance .
• Solid Waste Management Rules of 1 of
2008 of the Western Province
• Published in Gazette Extr. No.1560/6
dated 30th July 2008.
• Other relevant laws:-
• Forest Ordinance (Chapter 451)
• Fauna and Flora Protection Ordinance
• Marine Pollution Prevention Act 35 of 2008
• Soil Conservation Act
• Coast Conservation Act
• National Heritage and Wilderness Act etc.
• Mines and Minerals Act No. 33 0f 1992
• GOD HAS CREATED, MOTHER NATURE
TO FULFILL THE NEEDS OF MANKIND
AND NOT TO ITS GREED”
Mahathma Gandhi
Let us join together to prevent waste
and to protect conserve and improve
the riches of Sri Lanka for the benefit of
the generations to come.