2. Section 23A of the National Environmental Act, No. 47 of 1980 as amended by Act, No.56 of 1988, (hereinafter referred to as the "principal enactment") is hereby repealed and the following section is substituted therefor :-
23A.
| | (1) The Minister shall determine by Order published in the Gazette the activities in respect of which a licence is required to be obtained under this Act (hereinafter referred to as "prescribed activities") being activities which involve or result in discharging, depositing or emitting waste into the environment causing pollution. | | |
| | (2) No person shall carry on any prescribed activity except-
| | | (a) under the authority of a licence issued by the Authority ; and |
| (b) in accordance with such standards and other criteria as may be prescribed under this Act. |
|
| | (3) Every person who carries on any prescribed activity in contravention of subsection (2) of this section, shall be guilty of an offence and on conviction be
| | | (a) liable to a fine not less than ten thousand rupees or to a term of imprisonment not less than one year or to both such fine and imprisonment; and |
| (b) required to obtain within such period of time as may be determined by court, a licence under subsection (2). |
|
| | (4) Where any person convicted under subsection (3), continues to carry on such activity without obtaining a licence within the time determined by court under that subsection, the court shall upon on application for closure being made by the Director-General or any officer authorized in that behalf by the Director-General, order the closure of the factory or premises in which such prescribed activity is being carried on, until such person obtains a licence under subsection (2) and copy of the licence so obtained is produced before court.'. | | |
|
|
|