7. The following new Parts are hereby inserted Immediately after Part IV and shall have effect as Part IVA, Part IVB and Part IVC in the principal enactment:
| 23A. With effect from such date as may be appointed by the Minister by Order published in the Gazette, (hereinafter referred to as the "relevant date"), no person shall discharge, deposit, or emit waste into the environment which will cause pollution 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. | | |
|
|
| 23B-
| | (1) The Authority may, on application being made therefore to the Authority in such form as may be prescribed, and on payment of the prescribed fee, issue a licence to any person authorizing such person to discharge, deposit or emit, waste into the environment, in accordance with such standards and criteria as may be prescribed under this Act, | | |
| | (2) Every licence issued under this Part shall
| | | (a) be in such form as may be prescribed; |
| (b) be subject to such terms, conditions and such standards as may be prescribed ; |
| (c) be valid for such period as shall be specified in the licence, provided, it shall not be for more than a period of twelve months ; and |
|
|
|
| 23C
| | (1) On receipt of an application under section 23B, the Authority may, where it considers necessary, refer such application to an appropriate Government department or public corporation requesting that a report foe submitted on such application. | | |
| | (2) Where an application is referred to Government department or public corporation under subsection (1), the Authority shall not take any decision on such application until it receives the report relating to the same from such department or corporation. | | |
|
|
| 23D. Where a licence has been issued to any person under this Part and such person acts in violation of any of the terms, standards and conditions of the licence, or where since the issue of the licence, the receiving environment has been altered or changed due to natural factors or otherwise, or where the continued discharge, deposit, or emission of waste into the environment under the Authority of the licence will or could affect any beneficial use adversely, the Authority may by order suspends for any period specified in such order, or cancel such licence, |
|
| 23E.
| | (1) Any applicant for a licence under this Part who is aggrieved by the refusal of the Authority to grant a licence, or, any holder of a licence issued under this Part and who is aggrieved by the suspension or cancellation, or refusal to renew a licence so Issued may, within thirty days after the date of the notification of such decision appeal in writing against such refusal, suspension, cancellation or refusal to renew, as the case may be to the Secretary to the Ministry, of the Minister. | | |
| | (2) The decision of the Secretary to the Ministry of the Minister on any such appeal shall be final. | | |
|
|
| 23G. Subject to section 23A of this Act with effect from the relevant date, no person shall deposit or emit waste into the inland waters of Sri Lanka, except in accordance with such standards or criteria as may be prescribed under this Act. |
|
| 23H.
| | (1) No person shall pollute any waters of Sri Lanka or cause or permit to cause pollution in the inland waters of Sri Lanka so that the physical, chemical or biological condition of the waters is so changed as to make or reasonably expected to make those waters or any part of those waters unclean, noxious, poisonous, impure, detrimental to the health, welfare, safety or property of human beings, poisonous or harmful to animals, birds, wildlife, fish, plants or other forms of life or detrimental to any beneficial use made of those waters. | | |
| | (2) Without limitation to the generality of subsection (1) a person shall be deemed to contravene the provisions of that subsection, if | | |
| | (a) he places in or on any waters or in a place where it may gain access to any waters any matter, whether solid, liquid, gaseous, that is prohibited by or under this Act or by any regulations made thereunder; | | |
| | (b) he places any waste, whether solid, liquid, or gaseous, in a position where it falls, descends, drains, evaporates, is washed is blown or percolates, is likely to fall, descended, drain, evaporate, be washed, be blown, percolate into any waters or on the bed of any river, stream or other waterway when dry, or knowingly or through his negligence, whether directly or Indirectly, causes or permits on such matter to place in such a position ; | | |
| | (c) he places waste on the bed, when dry, of any river, stream or other waterway or knowingly or through his negligence causes or permits any wastes to be placed on such a bed; or | | |
| | (d) he causes the temperature or inland, costal or off-shore waters of Sri Lanka to be raised or lowered by more then the prescribed limits. | | |
| | (3) Every person who contravenes the provisions of subsection (1) shall be guilty of an offence, and on conviction shall be | | |
| | (a) liable to a fine not less than rupees ten thousand and not exceeding rupees one hundred thousand, and thereafter in the event of the offence being continued to be committed, to a fine of rupees five hundred for each day on which the offence is so continued to be committed; and | | |
| | (b) required to take within such period as may be determined by court, such corrective measures as may be deemed necessary to prevent further damage being caused to the inland, coastal and offshore waters of Sri Lanka and furnish at the end of such period sufficient and acceptable proof of the incorporation of such corrective measures. The court shall also order such person convicted, to bear the expenses that may have been incurred by the authority in the correction of damage already caused as a consequence of the commission of such office, and where such person, falls to bear the expenses so incurred be recovered in like manner as a fine imposed by the court. | | |
| | (4) Where any person convicted of an offence under subsection (3) continues to commit such offence after a period of six weeks from the date of his conviction, the court may upon an application for closure being made by the Director-General or any officer authorized in that behalf by the Director-General order the closure of such factory or trade, or business being carried at such premises, which caused the pollution of in land, coastal or off-shore waters of Sri Lanka, until such time such person takes adequate corrective measures to prevent further damage being caused. | | |
| | (5) In any case where such person fails to comply with the closure order Issued under subsection (4), the Magistrate shall forthwith order the fiscal of the court requiring and authorizing such fiscal before a date specified in such order not being a date earlier than three or later than seven dear days from the date of issue of such order to close such factory or trade or business being carried at such premises. Such order shall be sufficient authority for the said fiscal or any police officer authorized by him in that behalf to enter the premises with such assistants as the fiscal or such police officer shall deem necessary to close such factory or trade or business being carried at such premises. | | |
|
|
| 23J. Subject to section 23A of with effect from the relevant date, , shall discharge or emit waste into the atmosphere except in accordance with such standards or criteria as may be prescribed under this Act. |
|
| 23K.
| | (1) NO person shall pollute the atmosphere or cause or permit the atmosphere to be polluted so that the physical, chemical or biological condition of the atmosphere is so changed as to make or reasonably be expect ed to make the atmosphere or any part thereof unclean, noxious, poisonous, impure, detrimental to the health, welfare, safety, or property of human beings, poisonous or harmful to animals, birds, wildlife, plant or all other forma of life or detrimental to any beneficial use of the atmosphere. | | |
| | (2) Without limitation to the generality of subsection (1) a person shall be deemed to contravene that subsection If | | |
| | (a) he places in or in such manner that it may be released into the atmosphere, any matter, whether liquid] solid, or gaseous, that is prohibited by or under tills Act or by any regulation made thereunder to be placed in the atmosphere or does not comply with any regulations prescribed therefore under this Act; | | |
| | (b) he causes or permits the discharge of odours which by virtue of their nature, concentration, volume, or extent are obnoxious or unduly offensive to the senses of human beings ; | | |
| | (c) he burns, wastes otherwise than at times of in the manner or place prescribed: | | |
| | (d) he uses an internal combustion engine or fuel burning equipment not equipped with any device required by the regulations to be fitted to such engine for the prevention or reduction of pollution; or | | |
| | (e) he uses or burns any fuel which is prohibited by regulations made under this Act. | | |
| | (3) Every person who contravenes the provisions of subsection (1) shall be guilty of as offence, and on conviction shall be | | |
| | (a) liable to a fine not less than rupees ten thousand and not exceeding rupees one hundred thousand and thereafter in the event of the offence being continued to be committed, to a One of rupees five hundred for each day on which the offence is so continued to be committed; | | |
| | (b) required to take within such period as may be determined by court, such corrective measures may be deemed necessary, to prevent further damage being caused by the pollution of atmosphere, and furnish at the end of such period sufficient and acceptable proof of the incorporation of such corrective measures. The court shall also require such person convicted to bear the expenses incurred by the authority in the correction of damage already caused as a result of the commission of such offence, | | |
| | (4) Where any person convicted of an offence under subsection (3) continues to commit such offence after a period of six weeks from the date of his conviction, the court may upon an application for closure being made by the Director-General or any officer authorized in that behalf by the Director-General order the closure of such factory, trade or business being carried at such premises which cause the pollution of atmosphere until such time, such person takes adequate corrective measures to prevent further damage being caused. | | |
| | (5) In any case where such person fails to comply with the closure order issued under subjection (5), the Magistrate shall forthwith order the fiscal of the court requiring and authorizing such fiscal, before a date specified in such order not being a date earlier than three or later than seven clear days from the date of issue of such order to close such factory or trade or business being carried at such premises. Such order shall be sufficient authority for the said fiscal or any police officer authorized by him in that behalf to enter the premises with such assistants as the fiscal or such police officer shall deem necessary to close such factory or trade or business being carried at such premises, | | |
|
|
| 23L. Any person who owns, uses, operates, constructs, sells, installs or offers to sell or install any machinery, vehicle or devices an offence. control boat required by or under this Act or any regulation made thereunder to be built, fitted or equipped with any device for preventing or limiting pollution of the atmosphere without such machinery, vehicle or boat being so built, fitted or equipped shall be guilty of an offence. All devices built, fitted or equipped under this section shall be maintained and operated at the cost of the owner. |
|
| 23M. Subject to section 23A of this Act, with effect from the relevant date, no person of pollution of the shall discharge or deposit waste into the soil, except in accordance with such standards or criteria as may be prescribed under this Act. |
|
| 23N.
| | (1) No person shall pollute or cause or permit to be polluted any soil or the surface of any land so that the physical, chemical or biological condition of the soil or surface is so changed as to make or be reasonably expected to make the soil or the produce of the soil poisonous or Impure, harmful or potentially harmful to the health or welfare of human beings, poisonous or harmful to animal, birds, wildlife, plants or all other forms of life or obnoxious or, unduly offensive to the senses of human beings or so as to be detrimental to any beneficial use of the land. | | |
| | (2) Without limitation to the generality of subsection (1) a person shall be deemed to contravene that subsection if | | |
| | (a) he pieces in or on any soil or In any place where it may gain access to any soil, any matter, whether liquid. solid or gaseous, that is prohibited by or under this act or any regulation made thereunder or does not comply with such regulations as may be prescribed; and | | |
| | (b) he establishes on any land a refuse dump, garbage tip, soil and rock disposal site, sludge deposit site, waste injection well, or otherwise uses land for the disposal of or repository for solid or liquid wastes so as to be obnoxious or unduly offensive to the senses of human beings or will pollute or adversely affect underground water or be detrimental to any beneficial use of the soil or the surface of the land. | | |
| | (3) Prior exemptions may, however, be granted for valid reasons such as the application of an approved preparation in a de scribed manner for the control of a given pest, provided that such treatment does not damages the soil seriously. | | |
| | (4) Any person who contravenes any of the provisions of this section shall be guilty of an offence and on conviction be liable to a fine not leas than rupees ten thousand and not exceeding rupees one hundred thousand and in the case of a continuing offence to a tine of rupees five hundred for every day on which the offence continues after conviction. | | |
|
|
| Registration on noise pollution
| | 23P. Subject to section 23A of this Act,
with effect from the relevant date no person shall permit the emission of excessive noise, unless be complies with such standards or limitations as may be prescribed under this Act in regard to the volume, intensity or quality of such noise.
|
|
| 23Q
| | (1) No person shall make or emit or cause or permit to be made or emitted noise greater in volume, intensity or quality than the levels prescribed for tolerable noise except under the authority of a licence issued by the Authority under this Act.
| | |
| | (2) The provisions of sections 23B, 23C, 23D and 23s shall, mutatis mutandis, apply to and in relation to the issue of a license under subsection (1).
| | |
| | (3) Any authority, or institution empowered by any other written law to issue licences relating to any of the matters referred to in this Act, shall, conform to the standards specified under this Act.
| | |
|
|
| Excessive
noise an offence
| | 23R.
| |
(1) Any person who without a Licence or contrary to any condition, limitation or restriction to which a licence under this Act or any other written law is subject, make or causes or permits to be made or emitted noise that is greater in volume, intensity or quality than the standard as may be prescribed for the emission of noise which is tolerable noise in the circumstances, shall be guilty of an offence under this Act.
| | |
| | (2) Any person who is guilty of an offence under subsection (1) shall on conviction be liable to a fine not less than rupees ten thousand , and not exceeding rupees one hundred thousand and in the case of a continuing offence to a fine of rupees five hundred every day in which the offence continue. after conviction.
| | |
|
|
| Notice to remove litter
| |
23s. Where the Authority is of opinion. that the circumstances are such that any litter deposited in any place, whether public or private, is or is likely to become detrimental to the health, safety or walfare of members of the public, unduly offensive to the senses of human beings or a hazard to the environment, the Authority may by notice in. writing direct the person who, is responsible for depositing such litter or any public authority whose function is to dispose of or move such litter, to remove or dispose of such-litter or to take such action in relation to such litter as may be specified in the notice
|
|
|
23T. The cost of removing or otherwise disposing of or reducing litter pursuant to a notice given under section 23s may be. recovered in any court of competent jurisdiction against any person proved to have deposited the litter, as a debt : due to the. Authority and when recovered shall be paid to the fund of the Authority.
|
|
|
23U. Any person to whom a notice in
writing under section 23s is directed and who fails without reasonable cause to comply with the requirements of the notice shall if proved. be guilty of an offence
|
|
| Prohibition
on discharge of oil into the inland water of Sri Lanka | | 23V
| | (1) No person shall discharge or spill any oil or mixture containing oil Into the inland waters of Sri Lanka.
| | |
| | (2) Any person who contravenes the provisions of subsection (1) shall be liable on conviction to a fine not lew than rupees ten thousand and not exceeding rupees one hundred thousand or to imprisonment for a term not exceeding two years.
| | |
|
|
| 23W
| | (1) The Minister may by Order published in the Gazette--
| | | (a) prohibit the use of any materials for any process, trade or industry;
|
| (b) prohibit whether by description or by brand name the use of any equipment or industrial plant,
|
|
| | (2) The Minister may by Order published in. the Gazette require the installation, repair, maintenance or operation of any equipment or industrial plant within the areas specified in the Order.
| | |
| | (3) Any person who contravenes any prohibition or falls to comply with any requirement in any Order made under subsections (1) and (2), shall be guilty of an offence.
| | |
|
|
| Certificate to be prima facie evidence of facts
| | 23X. In any prosecution for an offence under this Part of this Act. a certificate issued under the band of the Director-General to the effect that the pollution specified in the certificate has been caused to the environment shall be admissible in evidence, and shall be prima facia proof of the matters
|
|
| 23Y. For the purposes of this Part of this Act, the Minister may by Order published in the Gazette specify the state agencies (hereinafter to this Part referred to as " project approving agencies") which shall be the project approving agencies. |
|
| 23Z. The Minister shall by Order published in the Gazette determine the projects and undertakings (hereinafter referred to as "prescribed projects") in respect of which approval would foe necessary under the provisions of this Part of this Act. |
|
| 23AA.
| | (1) Notwithstanding the provisions of any other written law, from and after the coming into operation of this Act, all prescribed, projects that are being undertaken in Sri Lanka by any Government department, corporation, statutory board local authority, company, firm or an individual will be required to obtain approval under this Act for the implementation of such prescribed projects, | | |
| | (2) The approval referred to in subsection (1) shall have to be obtained from the appropriate project approving agencies concerned or connected with such prescribed project: | | |
|
|
| 23BB.
| | (1) It shall be the duty of all projects approving agencies to require from any Government department, corporate statutory board, local authority, company firm or individual who submit any ed project for its approval to submit within a specified time an initial environmental examination report or an environmental impact assessment report as required by the project approving agency relating to such project and containing such information and particulars as may be prescribed by the Minister for the purpose. | | |
| | (2) A project approving agency shall on receipt of an initial environmental examination report or an environmental impact assessment report, as the case may be, submitted to such project approving agency in compliance with the requirement imposed under subsection (1), by notice published in the Gazette and in one newspaper each in the Sinhala, Tamil and English languages, notify the place and times at which such report shall be available for inspection by the public, and invite the public to make its comments, if any, thereon. | | |
| | (3) Any member of the public may with in thirty days of the date on which a notice under subsection (2) is published make his or its comments, if any, thereon to the project approving agency which published such notice, and such project approving agency may, where it considers appropriate in the public interest afford an opportunity to any such person of being heard in support of his comments, and shall have regard to such comments and any other materials if any, elicited at any such hearing, in determining whether to grant its approval for the implementation of such prescribed project. | | |
| | (4) Where approval is granted for the implementation of any prescribed project, such approval shall be published in the Gazette and in one newspaper each in Sinhala, Tamil and English languages. | | |
|
|
| 23CC. The project approving agencies shall determine the procedure it shall adopt in approving any prescribed projects submitted to it for approval Such procedure shall to based on the guidelines prescribed by the Minister for such purpose. |
|
| 23DD.
| | (1) Where a project approving agency refuses to grant approval for any prescribed project submitted for its approval, the person or body of persons aggrieved shall have a right to appeal against such decision to the Secretary to the Ministry, of the Minister. | | |
| | (2) The decision of the Secretary to the Ministry on such appeal of the Minister shall be final. | | |
|
|
| Abandonment
of alteration of any prescribed project.
| | 23EE.. Where any alterations are being made t.o any prescribed project for which approval had been granted or when- any prescribed project already approved is being abandoned, the Government department., corporation, statutory board, local authority company, firm or individual who obtained such approval, shall inform the appropriate project approving agency of such alterations, or the abandonment as the case may be, and where necessary obtain fresh approval in respect of any alterations that are intended to be made to such prescribed project for which approval had already been granted : |
|
| 23FF. It shall be the duty of all projects approving agencies to forward to the Authority a report on each prescribed project for which approval is granted by such agency " |
|
|
Sri Lanka Consolidated Acts