Sri Lanka Consolidated Acts

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National Environmental (Amendment) Act (No. 56 of 1988) - Sect 8

Insertion of NEW SECTION of the principal enactment

8. The following now section is hereby inserted immediately after section 24, and shall have effect as section 24A of the principal enactment:
24A.
(1) The Director-General or any other officer duly authorized in writing by him may at any time enter any land or premises and may
(a) examine and inspect any equipment or industrial plant;
(b) take samples of any pollutants that are emitted, discharged or deposited or are likely to be of a class or kind that are usually emitted, discharged or deposited from such equipment or industrial plant;
(c) examine any books, records or documents relating to the performance or use of such equipment, or industrial plant or relating to the emission, discharge or deposit from such equipment or industrial plant;
(d) take photographs of such equipment or industrial plant as he considers necessary or make copies of any books, records or documents seen in the course of such examination; or
(e) take sample of any fuel, substance or material used, likely to be used or usually used in such trade, industry or process carried on in or on such premises.
(2) The Director-General or the officer authorized by him may, where he has reasonable cause to apprehend any serious obstructions in the execution of his duties under subsection (1), enter any land or premises accompanied by a police officer.
(3) Any person who prevents or obstructs the Director-General or an authorized officer in carrying out such inspection or investigation, recording of data or the taking of samples under subsection (1) shall be guilty of an offence under this Act.
24B.
(1) The Authority shall have the power to issue directives to any person engaged in or about to engage in any development project or scheme which is causing or is likely to cause, damage, or detriment to the environment, regarding the measures to be taken in order to prevent or abate such damage or detriment, and it shall be the duty of such person to comply with such directive.
(2) Where a person fails to comply with any directives issued under subsection (1), the Magistrate may, on application made by the Authority, order the temporary suspension of such project or scheme until such person takes the measures specified in such directive.
24C. (1) The Minister may by Order published in the Gazette declare any area to be an environmental protection area (hereinafter referred to as a " protection area ".
24D
. (1) Where any area has been declared to be a protection area, the Minister may by Order published in the Gazette declare that any planning scheme or project in a protection area under the provisions of any law which is in conflict with any provision vi this Act, shall cease to operate in that area.
{2) So long as an Order under subsection (1) is in force, the Authority shall be responsible for physical planning of such area in accordance with the provisions of this Act.
(3) Notwithstanding the provisions of subsection (1) the Minister may, at the request of the Authority, declare from time to time by Order published in the Gazette, that with effect from such date as shall he specified in such Order, the Authority shall cease to be the authority responsible for the planning in. such protection area.
(4) So long as an Order under section 24 being in force in relation to a protection area no person other than the Authority shall exercise, perform and discharge any powers, duties and functions relating to planning and development within such protection area. ".


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