National Environmental ACT

Arrangement of Sections

1. Short title.

PART I

Establishment of the Central Environmental Authority and an Environmental Council

2. Establishment of Authority.

3. Members of the Authority.

4. Seal of the Authority.

5. Fund of the Authority.

6. Financial year and the audit of accounts of the Authority.

7. Environmental Council.

8. Disqualification of members.

9. District Environmental Agency.

PART II

Powers, Functions and Duties of the Authority

10. Powers, functions and duties of the Authority.

11. Borrowing powers of the Authority.

12. Power to give directions to local authorities.

PART III

Staff of the Authority

13. Director-General, Secretary and staff of the Authority.

14. Appointment of officers, servants and agents.

PART IV

Environmental Management

15. Land Use Management.

16. The Land Use Scheme formulated under section 15 may include

Natural Resources

17. Natural Resources, Management and Conservation.

Fisheries

18. Management policy for Fisheries and Aquatic Resources.

Wildlife

19. Measures for national exploitation of fisheries.

Wildlife

20. Management policy for wild life.

Forestry

21. Management policy for forestry's.

Soil Conservation

22. Management policy on soil conservation.

23. Environmental research.

PART IV A

Environmental Protection

23A. Minister to determine activities in respect of which a licence is required under this Act.

23B. Issue of a licence.

23C. Authority may refer application to a Government department or public corporation.

23D. Suspension or cancellation of licence.

23E. Appeals against refusal.

PART IV B

Environmental Quality

23G. Restriction, regulation and control of pollution of the inland waters.

23H. Pollution of inland waters of Sri Lanka.

23J. Restriction this Act on pollution to the no person atmosphere.

23K. Pollution of atmosphere.

23L. Failure to fit and maintain prescribed.

23M. Restriction regulation and control.

23N. Pollution of soil an offence.

23P. Registration on noise pollution.

23Q. Discharge of noise to be licensed.

23R. Excessive noise an offence.

23S. Notice to remove litter.

23T. Cost of removing litter may be recovered against person responsible.

23U. Failure comply with notice on offence.

23V. Prohibition on discharge of oil into the inland water of Sri Lanka.

23W. Power to prohibit or require use of any material or equipment.

23X. Certificate to be prima facie evidence of facts.

PART IV C

Approval of Projects

23Y. Project approving agencies.

23Z. Prescribed projects.

23AA. Approval of prescribed projects.

23BB. Submission of environmental impact assessment report.

23CC. Procedure to be based on guidelines.

23DD. Appeal to the Secretary to the Ministry of the Minister.

23EE. Abandonment of alteration of any prescribed project.

23FF. Submission of report on approved prescribed projects.

PART V

General

24. Furnishing of information.

24A. Power to enter and inspect.

24B. Authority to issue directives.

24C. Declaration of areas as environmental protection areas.

24D. Applicability of any other law in protection.

25. Analysts.

26. Delegation of powers, duties and functions.

27. Members officers and servants of the Authority deemed to be public servants.

28. The Authority deemed to be a scheduled institution within the meaning of the Bribery Act.

29. This Act to prevail over other written law.

30. Protection for action taken under this Act or on the direction of the Authority.

31. Penalty for offences for which no punishment is expressly provided for.

32. Regulations.

33. Interpretation.

47 of 1980,

56 of 1988,

53 of 2000.

AN ACT to establish a Central Environmental Authority to make provision with respect to the powers, functions and duties of that Authority; and to make provision for the protection, management and enhancement of the Environment, for the regulation, maintenance and control of the quality of the Environment; for the prevention, abatement and control of pollution and for matters connected therewith or incidental thereto.

[Am by s 2of Act 56 of 1988.]

[Date of Commencement: 29th October, 1980]

1. Short title.

This Act may be cited as the National Environmental Act.

PART I

Establishment of the Central Environmental Authority and an Environmental Council

2. Establishment of Authority.

(1) For the purposes of this Act there shall be established an Authority called the Central Environmental Authority.

(2) The Central Environmental Authority established under subsection (1) (hereinafter referred to as "the Authority”) shall consist of the persons who are for the time being members of the Authority under subsection (1) of section 3.

(3) The Authority shall, by the name assigned to it by subsection (1), be a body corporate and shall have perpetual succession and a common seal and may sue or be sued in such name.

3. Members of the Authority.

(1) The Authority shall consist of three members appointed by the President in consultation with the Minister—

(a) two of whom shall have adequate expertise and qualifications In the subject of the environment; and

(b) one of whom shall have suitable administrative skill and experience in environmental management.

(2) The President shall appoint one, of such members to be the Chairman of the Authority.

4. Seal of the Authority.

(1) The seal of the Authority shall be in the custody of the Authority.

(2) The seal, of the Authority may be altered in such manner as may be determined by the Authority.

(3) The seal of the Authority shall not be affixed to any instrument or document except in the presence of two members of the Authority both of whom shall sign the instrument or document in token of their presence.

5. Fund of the Authority.

(1) The Authority shall have its own Fund. There shall be credited to the Fund of the Authority—

(a) all such sums of money as may be voted from, time to time by Parliament for the use of the Authority;

(b) all such sums of money as may be received by the Authority in the exercise, discharge and performance of its powers, functions and duties;

[S 5(b) am by s 3 of Act 56 of 1988.]

(c) all such sums of money as may be received by the Authority by way of loans, donations, gifts, or grants from any sources whatsoever, whether in. or outside Sri Lanka, and

[S 5(c) am by s 3 of Act 56 of 1988.]

(d) all such sums of money as may be received by the Authority as licence fees.

[S 5(d) ins by s 3 of Act 56 of 1988.]

(2) There shall be paid, out of the Fund of the Authority all such sums of money required to defray any expenditure incurred by the Authority in the exercise, discharge and performance of its powers, functions and duties.

(3) The initial capital of the Authority shall be twenty million rupees. The amount of the initial, capital shall be paid out of the Consolidated Fund in such installments as the Minister in charge of the subject of Finance may in consultation with the Minister determine and such sums shall be credited to the Fund established under subsection (1).

6. Financial year and the audit of accounts of the Authority.

(1) The financial, year of the Authority shall be the calendar year.

(2) The Authority shall cause proper books of accounts to be kept of the income and expenditure, assets and liabilities and all other transactions of the Authority.

(3) The Auditor-General shall audit the accounts of the Authority every year in accordance with Article 154 of the Constitution.

(4) The Authority shall annually prepare a report of the work of the Authority and forward such report to the Auditor-General who shall, together with his report table such reports in Parliament and such reports shall be published in the Gazette for general information before the lapse of the year succeeding the year to which such report of the finances relate.

7. Environmental Council.

(1) There shall be established the Environmental Council (hereinafter referred to as "the Council”) which shall consist of the following members appointed by the Minister—

(a) a senior officer of the Ministry of the Minister in charge of the subject of Local Government nominated by such Minister;

(b) a senior officer of the Ministry of the Minister in charge of the subject of Finance nominated by such Minister;

(c) a senior officer of the Ministry of the Minister in charge of the subject of Plan Implementation nominated by such Minister;

(d) a senior officer of the Ministry of the Minister in charge of the subject of Lands nominated by such Minister;

(e) a senior officer of the Ministry of the Minister in charge of the subject of Health nominated by such Minister;

(f) a senior officer of the Ministry of the Minister in charge of the subject of Industries nominated by such Minister;

(g) a senior officer of the Ministry of the Minister in charge of the subject of Transport nominated by such Minister;

(h) a senior officer of the Ministry of the Minister in charge of the subject of Power and Energy nominated by such Minister;

(i) a senior officer of the Ministry of the Minister in charge of the subject of Highways nominated by such Minister;

(j) a senior officer of the Ministry of the Minister in charge of the subject of Agriculture nominated by such Minister;

(k) a senior officer of the Ministry of the Minister in charge of the subject of Fisheries nominated by such Minister;

(l) a senior officer of the Ministry of the Minister in charge of the subject of Tourism nominated by such

(m) a senior officer of the Ministry of the Minister in charge of the subject of Labour nominated by such Minister;

(n) a senior officer of the Ministry of the Minister in charge of the subject of Textile Industry nominated by such Minister;

(o) a senior officer of the Ministry of the Minister in charge of the subject of Plantation Industry nominated by such Minister;

(p) a senior officer of the Ministry of the Minister in charge of the subject of Foreign Affairs nominated by such Minister;

(q) a senior officer of the Ministry of the Minister in charge of the subject of Education nominated by such Minister;

(r) a senior officer of the Ministry of the Minister in charge of the subject of Trade and Shipping nominated by such Minister;

[S 7(r) subs by s 4 of Act 56 of 1988.]

(s) a senior officer of the Ministry of the Minister in charge of the subject of Defense nominated by such Minister;

[S 7(s) subs by s 4 of Act 56 of 1988.]

(t) a senior officer nominated by the Minister in charge of the Greater Colombo Economic Commission established under the Greater Colombo Economic Commission Law, No. 4 of 1978;

[S 7(t) subs by s 4 of Act 56 of 1988.]

(u) the person holding office for the time being as the Director-General of the Authority ;

[S 7(u) ins by s 4 of Act 56 of 1988.]

(v) seven members to represent the interests of voluntary agencies in the field of environment; and

[S 7(v) ins by s 4 of Act 56 of 1988.]

(w) two members from among persons with adequate expertise or experience in environmental protection and management.

[S 7(w) ins by s 4 of Act 56 of 1988.]

(2) The Minister shall appoint one of the members appointed under subsection (1) to be the Chairman of the Council.

(3) The functions of the Council shall be—

(a) generally to advise the Authority on matters pertaining to its responsibilities, powers, duties and functions; and

(b) to advise the Authority on any matters referred to the Council by the Authority.

8. Disqualification of members.

(1) A person shall be disqualified from being appointed or from continuing as a member of the Authority or Council—

(c) if he is, or becomes, a member of Parliament; or

(b) if he is not, or ceases to be a citizen of Sri Lanka.

(2) The persons appointed under sections 3 (1) and 7 (1) shall subject to the provisions of subsections (4) and (5) of this section, as the case may be, hold office for a term of three years and shall be eligible for reappointment

(3) —

(a) no member of the Authority shall be a member of the Council; and

(b) no member of the Council shall be a member of the Authority.

(4) The President in consultation with the Minister shall remove from office any member of the Authority—

(a) if he becomes subject to any of the disqualifications set out in subsection (1); or

(b) if lie becomes permanently incapable of performing his duties owing to any physical disability or unsoundness of mind; or

(c) if lie does any act which, in the opinion of the President, is likely to bring the Authority into disrepute.

(5) The Minister shall remove from office any member of Council—

(a) if he becomes subject to any of the disqualifications out in subsection (1); or

(b) if he becomes permanently incapable of performing his duties owing to any physical disability or unsoundness of mind; or

(c) If he does any act which in the opinion of the Minister is likely to bring the Council into disrepute:

Provided, however, that no member of the Council shall be removed from office, without the concurrence of the Minister who nominated such member.

(6) In the event of the vacation of office of the Chairman or any other member of the Authority from office under the provisions of this section the President in consultation with the Minister may appoint another person to hold such office during the unexpired part of the term of office of the member whom he succeeds.

(7) In the event of the vacation of office of the Chairman or any other member of the Council from office under the provisions of this section the Minister may appoint another person to hold such office during the unexpired part of the term of office of the member whom he succeeds:

Provided, however, that no appointment shall be made under this subsection, without the concurrence of the Minister who nominated such member.

(8) If the Chairman or any member of the Authority is temporarily unable to discharge the duties of his office due to ill health or absence from Sri Lanka or for any other cause, the President in consultation with the Minister may appoint some other person to act in his place as Chairman or as member.

(9) If the Chairman or any member of the Council is temporarily unable to discharge the duties of his office due to ill health or absence from Sri Lanka or for any other cause the Minister may appoint some other person to act in his place as Chairman or as member:

Provided, however, that no such appointment shall be made without the concurrence of the Minister who nominated such member,

(10) The Chairman or any member of the Authority may at any time resign his office by letter In that behalf addressed to the President.

(11) The Chairman or any member of the Council may at any time resign his office by letter in that behalf addressed to the Minister, National Environmental Act, No. 47 of 1980

(12) The Chairman or any member of the Authority, or the Chairman or any member of the Council may be paid such remuneration out of the Fund of the Authority as may be determined by the Minister.

(13) The Chairman of the Authority or Council shall, if present, preside at all meetings of the Authority, or Council, as the case may be In the absence of the Chairman of the Authority or Council at any such meeting, the members present shall elect one of the members to preside at the meeting.

(14) —

(a) The quorum for any meeting of the Authority shall be two members.

(b) The quorum, for any meeting of the Council shall be seven members.

(15) —

(a) The authority or Council, as the case may be, may legislate the profit In regard to the meetings of such Authority or Council and the transaction of business at such meetings.

(b) Meetings of the Authority shall be held at such times and places as the Authority determines.

(c) The Council shall meet at least four times each year at such times and places as are fixed by the Authority.

(16) The Authority shall, in the exercise, discharge and performance of its powers, functions and duties under this Act, be subject to such general or special directions as may, from time to time, be issued by the Minister.

(17) A member of the Authority shall not, except in special circumstances and with the consent in writing of the President in consultation with the Minister during his continuance in office, directly or indirectly engage in any paid employment outside the duties of his office.

(18) No act or proceeding of the Authority or Council shall be invalid by reason of the existence of a vacancy among their respective members or any defect in the appointment of a member.

9. District Environmental Agency.

(1) The Authority shall appoint a District Environmental Agency for each administrative district consisting of such members as the Authority may determine.

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