National Environmental (Amendment) Act 1988 (No. 56 of 1988)

PARLIAMEiNT OF THE· DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA N'ATIONAL EN;VIRONMENT,AL (AMENDMENT) ACrT, No. 56 O,F 1988 [Certified on 12th December, 1988] Printed on the Orders ofGovernment Published as a Supplement to Part IT of the Gazette of the Democratic Sm{ialist Republic of Sri Lanka of December 16. 1988 PRINTED Nf THE DEPARTMENT OF GOVERNMFN'l' PRINTING. SRI LANKA TO BE PURCHASED AT 'IIlE GOVERNMENT PUBLICAUONS BUREAU, COLOM:BO Natunuii Emnrotvmetitol (Amendment) Act, No. 56 of 1988 [Certified on 12th December, 198'8] L.D.-O. 46/83 AN ACT TO AMEND THE NATIONAL ENVIRONMENTAL ACT, No. 47 OF 198'0. BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows: 1. This Act may be cited as the National Environmental (Amendment) Act No. 56 of 1988. 2. The long title of the National Environmental Act, No. 47 of 1980 (hereinafter referred to as the c' principal enactment") is hereby amended by the substitution for the words "for the protection and management of the en vironment ", of the words " 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". 3. Section 5 of the principal enactment is hereby amend ed in subsection (1) of that section as followsr-c (1) by the substitution in paragraph (b) of that sub section for the words" functions and duties; and ", of the words "functions and duties"; (2) by the substitution in paragraph (c) of that sub section, for the words" in or outside Sri Lanka ", of the words "in or outside Sri Lanka; and" ; and (3) by the addition immediately after paragraph (c) of that subsection of the following new paragraph: " (d) all such sums of money as may be received by the Authority as licence fele'.". 4. Section 7 of the principal enactment is hereby amend ed in subsection (1) of that section by the substitution for paragraphs (r), (s) and (t) of the following paragraphs: "(1) a senior officer of the Ministry of the Minister in charge of the subject of Trade and Shipping no minated by such Minister; (s) a senior officer of the Ministry of the Minister in charge of the subject of Defence nominated by such Minister; (t) 3" ~ni9r officer nominated by the Minister in cnarge of the Greater Colombo Economic Commission established under tIle Greater Colombo Economic Short title. Amendment to the long title of Act. No.47 of 1980. Amendment of section 5 of the prlncipal enactment. Amendment of section '1 of the principal enactment. Amendment of section 10 of the principal enactment. 2 National Environmental (Amendment) Act, No. 56 of 1988 (u) the person holding office for the time being as t Director-General of the Authority ; (v) seven members to represent the interests of voli tary agencies in the field of environment; and (w) two members from among persons with adequ expertise or experience in environmental prot tion and managment.". 5. Section 10 of the principal enactment is hereby arne! ed as follows : (1) by the repeal of subsection (2) of that section ; (2) by the re-numbering of subsection (1) of that s tion HS section 10 ; (3) by the re-numbering of paragraphs (f), (g), (h), (j), (k), (l) and (m) of the renumbered sect 10, as (k), (l), (m), (n), (0), (p), (c) and (r) ;, (4) by the insertion immediately after paragraph (e) the re-numbered section 10, of the following r paragraphs: (f) to be responsible for the co-ordination of regulatory activities relating to the charge of wastes and pollutants into the vironment and the protection and the im] vement of the quality of the environme: (g) to regulate, maintain and control the volu types, constituents and effects of waste, charge, emissions, deposits or other sou: and subsources of pollution which are danger or potential danger to the ql or the environment of any segment of environment; (h) to require the submission of proposals, ,for r projects and changes in or abandonment existing projects, for the purpose of eval tion of the beneficial and adverse Impact: such proposals on the environment; National Environmental (Amendment) Act, No. 56 of 1988 3 (i) to require any local authority to comply with and give effect to any recommendations relating to environmental protection within the limits of the jurisdiction of such local authority and in particular any recommenda tions relating to all or any of the following aspects of environmental pollution; (i) the prohibition of the unauthorized discharge, emission or deposit of litter, waste, garbage and sewage; (il) the .pre\-ention of the discharge of untreated sewage or substandard industrial affluents or toxic chemicals into soil, canals or water ways; (iii) the prohibition of the display of posters or bills on walls or buildings or any other unauthorized places and regula tions of the erection of advertising hoardings; (iv) the prevention of the defacement of the scenic places and public property; (v) the control of the pollution of the atmosphere; (vi) the control of noise pollution; and (vii) the storage, transport and disposal of any material which is hazardous to health and environment; (j) to appoint special committees to assist it in performance of its functions;". 6. Section 13 of the principal enactment is hereby amended·asfollows: (1) in subsection (1) of that section, by the substitution for the words" A General Manager" of the words "A Director-General" ; (2) in, .subsection (2) of that section, by the substitution for the words "The General Manager shall", of the words" the Director-General shall"; Amendment of section 13 of the principal enactment. Insertion of new Parts IVA, IVB and IVe in the principal enactment. 4 National Envirvr..mentat (Amendment) Act, No. 56 of 1988 (3) in subsection (3) of that section by the substitu tion for the words " the General Manager shall", of the words "the Director-General shall"; and (4) by the substitution for the marginal note to that section, of the following marginal note: " Director-General, Secretary and staff of the Authority.". 7. The following new Parts are hereby inserted imme diately after Part IV and shall have effect as Part IV A, Part lVB and Part IVe in the principal enactment: "PART IVA ENVIRONMENTAL PROTECTION Prohibition of the discharge, emission or deposit of waste into the environ ment• . Issue of a licence. 23s. With effect from such date as may be appointed by the Minister by Order publish ed in the Gazette, (hereinafter referred to as the "relevant date"), no person shall dis charge, deposit, or emit waste into the en vironment which will cause pollution ex cept (a) under the authority of a licence issued by the Authority; and (b) in accordance with such standards and other criteria as may be pre scribed under this Act. 2311. (1) The Authority may, on application being made therefore to the Authority 1::1 such form as may be prescribed, and on pay ment of the prescribed fee, issue a licence to any person authorizing such person to dis';' charge, deposit or emit, waste into the environment, in accordance with such stan dards and criteria as may be prescribed under this Act. National Envirt>nm€ntal (Amendment) Act, No. 56 of 1988 5 Authority may refer application toa Government department or public corporation. Suspension or cancella tion of licence. (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 (d) be renewable. 23c (1) On receipt of an application under section 231', the Authority may, where it considers necessary, refer such application to an appropriate Government department or public corporation requesting that a re port be submitted on such application. (2) Where all application is referred to Government department or public corpora tion under subsection "(1), the Authority shall not take any decision on such applica tion until it receives the report relating to the same from such department or cor poration. 23D. Where a licence has been issued t:.> 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 en vironment 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 speci fied 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 dale 6 National Environmental (Amendment) Act, No. 56 of 1988 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. PART IVB ENVIRONMENTAL QUALITY Restriction, regulation and control of pollution of the inland waters. Pollution of inland waters of Sri Lanka. 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 inland 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 benficial 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 sub section, 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 prohi bited by or under this Act or by any regulations made thereunder; National Environmental (Amendment) Act, No. 56 of 1988 7 (b) he places any waste, whether soild, liquid, or gaseous, in a position where it falls; decends, drains, eva porates, is washed, is blown or per colates, 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 water way 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 than 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 accepta "hlo nrnnf of the incorooration of 8 National Envi10nmentaI (Amendment) Act, No. 56 of 1988 such corrective measures, The court shall also order such person convict 'ed, to bear the expenses that may have been incurred by the authority in the correction of damage already caused as a consequence of the com mission of such offence, and where such person fails to bear the expen ses 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 Direc tor-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) l the Magistrate shall forthwith order the fiscal of the court requir ing 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 Nauona; .t:nmronmentaL (Amendment) Act, No. 56 of 1988 9 Restriction on pollution of the atmosphere. Pollution of atmosphere. 23J. Subject to section 23A of this Act with effect from the relevant date, no person shall discharge or emit waste into the atmos phere except in accordance with such stan dards or criteria as may be prescribed under this Act. 23K. (1) No person shall pollute the atmos phere 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 the reof 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 forms 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 atmos phere, any matter, whether liquid, solid, or .gaseous, that is prohibited by or under this Act or by any re gulation made thereunder to be placed in the atmosphere or does not comply with any regulations pres crabedstherefors 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 off ensive to the senses of human be 10 National Environmental (Amendment) Act, No. 56 of 1988 (d) he USE'':; an internal combustion engine or fuel burning equipment not equi pped with any device required by the regulations to be fitted to such engine for the prevention or reduc tion of pollution; or (e) he uses or burns any fuel which is prohibited by regulations made un der this Act. (3) Every person who contravenes the F0visions 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 re~es 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 br committed; (b) required to take within such perioo as may be determined by court, sucl corrective measures may be deeme: necessary, to prevent fur the damage being caused by the POUl: tion of atmosphere, and furnish , the end of such period sufficient an acceptable proof of the incorpor. tion of such corrective measure The court shall also require sue person convicted to bear the expe: ses incurred by the authority in t correction of damage already caus as a result of the commission of SUt offence. (4) Where any person convicted of offence under subsection (3) continues commit such offence after a period of 0 weeks from the date of his conviction, t court may upon an application for closi being made by the Director-General or , National Environmental (Amendment) Act, No. 56 of 1988 11 Failure to fit and maintain prescribed control devices an offence, Restriction, regulation and control of pollution of the soil. officer authorized in that behalf by the Direc tor-General order the closure of such factory, trade or business being carried at such pre mises which cause the pollution of atmos phere until such time, such person takes ade quate corrective measures to prevent further damage being caused. (5) In any case where such perfon fails to comply with the closure order issued under subsection (5), the Magistrate shall forth with order the fiscal of the court requiring and authorizing such fiscal, before a date specified in such order "not being a date ear lier 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 carri ed at such premises. Such order shall be sufficient authority for the said fiscal or any police officer authorized by him in that be half to enter the premises with such assis tants 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 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 equi pped shall be guilty of an offnece. All de vices built, fitted or equipped under this sec tion 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 shall discharge or deposit waste into the soil, except in accordance with such standards or criteria as may be prescribed under this Act. 12 Pollution of soil an offence. NationaL EnvironmentaL (Amendment) Act, No. 56 of 1988 23N. (1) No person shall pollute or cause or permit to be polluted any soil or the sur face of any land so that the physical, chemi calor biological condition of the soil or sur face is so changed as to make or be reason ably expected to make the soil or the pro duce of the soil poisonous or impure, harmful or potentially harmful to the health or wel fare of human beings, posionous or harmful to animals, 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 places 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 prohibitec by or under this act or any regula tion made thereunder or does no' comply with such regulations as rna: be prescribed; and (b) he establishes on any land a refus dump, garbage tip, soil and rock di posal site, sludge deposit site, wast injection well, or otherwise US( land for the disposal of or repo tory for solid .or liquid wastes so ~ to beobnoxious or unduly offensiv to the senses of human beings will pollute' or adversely affect U: derground water or be detriment to any beneficial use of the soil or t 1 surface of the land. (3) Prior exemptions may, however, ~-:I ./'~~ ".,1;'" rPR~()n<: such as the api National Emnrcnnnenial. (Amendment) Act, No. 56 of 1988 13 Restriction on noise pollution. Discharge of certain noise to he licensed. Excessive noise an offence. (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 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 for every day on which the offence continues after conviction. 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 stan dards or limitations as may be prescribed under this Act in regard to the volume, ]E tensity 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 ex cept under the authority of a licence issued by the Authority under this Act. (2) The provisions of sections 23B, 23c, 23]) and 23Eshall, mutatis mutandis, apply to and in relation to the issue of a license under subsection (1). (3) Any authority, or institution em powered by any other written law to issue licences relating to any of the matters re ferred to in this Act, shall, conform to the standards specified under this Act. 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, makes or causes or permits to be made or emitted noise that is greater in volume, intensity or quality than the standard as may be pres cribed for the emission of noise which is tolerable noise in the circumstances, shall be 14 National Environmental (Amendment) Act, No. 56 of 1988 (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 thou sand and not exceeding rupees one hundred thousand and in the case of a continuing offence to a fine of rupees five hundred for every day in which the offence continues after conviction. Notice to remove litter Cost cf removing litter may be recovpred :'.."."';Gst person responsible. Failure to eomplywith notice an offence. 2::3s. Where the Authority is of opinion that the circumstances are such that 3!F jitter deposited in any place, whether public or private, is or is likely to become detrimen tal to the heaJth, safety or walfare of mern bel'S of the public, unduly offensive to th senses of human beings or a hazard to t~, environment, the Authority may by notice i writing direct the person who, is responsib: for depositing such litter or any public auth rity whose function is to dispose of or r move such litter, to remove or dispose of su litter or to take such action in relation such litter as may be specified in the noti: For the purposes of this sect ton "HUe means unwanted waste materi..• l whether by product which has arisen during a mar facturing process or a product which . passed its useful working life and has b discarded. 23T. The cost of removing or other disposing of or reducing litter pursuan t notice given under section 235 may recovered in cny court of competent jl c tion against any person proved to 1 deposited the litter, as a deb; due to Authority and when recovered shall be to the fund of the Authority. 23u. Any person to whom a notie writing under section 23s is directed. who fails without reasonable cause to co National Emnrcnvmeniai (Amendment) Act, No. 56 of 1988 15 Prohibition on discharge of oil into inland waters of Sri Lanka. Power to prohibit or require use of any material or equipment, Ccrtificat€ to be prima fade evideno of facts stated therein. 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 pro visions of subsection (l}~~shal! b~ liable on conviction to a fine not less 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 equip ment or industrial plant, which will endanger the quality of the <;nvironment, within the area" specified in the Order. (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 fails to comply with any requirementIn any Order made under sub sections (1) and (2), shall be guilty of an offence. 23v. In any prosecution for an offence under this Part of this Act, a certificate Issued underihe1hand of the Director General to-the effect that the pollution speci fied in the certificate has been caused 'to the environment, shall be admissible in evidence, and shall be prima' facie proof of the matters .contained therein. 16 National Emnrowmentat (Amendment) Act, No. 56 of 1988 PART IVc Project approving agencies. Prescribed' projects. Approval of prescribed projects. Submission of environ mental impact assessment report. Approval of Projects 23y. For the purposes of this Part of this Act, the Minister may by Order published in th~azette specify the state agencies (here inafter in 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 be necessary under the pro visions 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 pres cribed projects that are being undertaken in Sri Lanka by any Government depart rnent, corporation, statutory board, loca. authority, company, firm or an individual will be required to obtain approval under this Act for the implementation of suer prescribed projects. (2) The approval referred to in subsectio: (1) shall have to be obtained from th appropriate project approving agencies cor cerned or connected with such prescribe project: Provided however, in respect of certa' precribed projects to be determined by u. Minister, the project approving agency wi! grant its approval only with the concurrenc of the Authority. 23BB. (1) It shall be the-duty of all project approving agencies to require from an Government department, eorporatior statutory board, local authority, compan National Enuirotimeniai (Amendment) Act, No. 56 of 1988 17 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 :)5 may be prescribed by the Minister Ior the purpose. (2) A project approving agency shall on receipt of an initial environmental examina tion report or an environmental impact assessment report, as the case may be, sub mitted 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 pro ject 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 imple mentation 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, 18 National EnvironmentaL (Amendment) Act, No. 56 of 1988 Procedure to be based Oc') guidelines prescribed. Appeal to the Secretary to the Ministry of the Minister. Abandonment of alteration of any prescribed project. Submission of a report on approved prescribed projects. 23cc. The project approving agencies s11a11 determine the procedure It shall adopt in approving any prescribed projects submitted to it for approval. Such procedure shall be based on the guidelmes prescribed by the Minister Ior 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 <I 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 find. 23EE. Where any alterations are beinj; made to any prescribed project for whicr approval bad been granted or where an: prescribed project already approved is being abandoned, the Government department corporation, statutory board. 10c;:-11 authority company, firm or individual who obtaincc such approval, shall inform the appropriat project approving agency of such alteration. or the abandonment as the case may be, D:-. where necessary obtain fresh approval ; respect of ar.y alterations that are intendc to be made to such prescribed project f< which approval had already been granted: Provided however, where such prescrib. project that is being abandoned or altere:" a project approved with the concurrence the Authority, the Authority should also l informed of it and any fresh approval th need to be obtained should be given on with the concurrence of the Authority. 23FF. It shall be the duty of all projec approving agencies to forward to the Auth rity a report on each prescribed project f which approval is granted by such agency National Envi-ronmental (Amendment) Act, No. 56 of 1988 19 S. The following new section is hereby inserted imme diately after section 24, and shall have effect as section 24A of the principal enactmtnt : Insertion of new section 24A in the principal enactment. or any by "Power to enter and inspect. 24A. (1) The Director-General or other officer duly authorized in writing him may at any time enter any land premises and may (a) examine and inspect any equipment or' industrial plant; (L~) 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 docu ments relating .to the performance or use of such equipment, or indus trial plant or relating to the emiss ion, 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 fe) 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 reas.0nable cause t<? apprehend any serious obstructions in the execution of his duties under subsection (1), enter any land or premises accompanied by a police officer. 20 National. Emnronstientat (Amendment) Act, No. 56 of 1988 (3) Any person who prevents or obstructs the Director-General or an authorized officer in carrying out such inspection or investiga tion, recording of data or ~ile taking of samples under subsection (1) shall be guilty of an offence under this Act. Authority to issue directives. Declaration of areas as environmen '~al protec tion areas. Applicability of any other lam in protection areas. 24B. (1) Tl1P Authority shall have th :, power to issue directives to any person engaged. in or about to engage in any develop ment project or scheme which is causing or i:' Ii iccly to cause, damage, or detriment to th: environment, regarding the measures to b taken in order to prevent or abate sue damage or detriment, and it shall be the dut of such person to comply with such directiv: (2) Where a person fails to comply wit any directives issued under subsection (1 , the Magistrate may, on application made b the Authority, order the temporary suspe sian of such project or scheme until SUt person takes the measures specifled in sue ~Hrective. 24c. (1) Tile Minister may by Ord published in the Gazette declare any area ~ be an environmental protection area (he: inafter referred to as a " protection area ") (2) An Order under subsection (1) decl: ing an area as a protection area, shall def that area by setting out the metes and bou: of such area. 240. (1) Where any area has been declar to be a protection area, the Minister may Order published in the Gazette declare th any planning scheme or project in a prot tion area under the provisions of any 1 which is in conflict with any provisions this Act, shall cease to operate in that ar Nationai. Ewoironmetuat (Amendment) Act, No. 56 of 1988 21 (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 be 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. ". 9. Section 26 of the principal enactment is hereby amend ed as follows: (1) by the repeal of subsections (1) and (2) of that sec tion and substitution therefore of the following sub sections : ... (1) Subject to subsection (5), the Authority may by order, delegate any of its powers, duties and functions under this Act to any Government department, corporation, statutory board, local authority or any public officer. (2) Where the Authority has delle-gated any power under subsection (1) to any Government department, corporation, statutory board, local authority or any public officer, any officer of such Governmlent department, corporation, statutory board or local a.uthority as the case may be, or such public officer, may exercise any of the powers which the Director-General would be able to exercise has he selen exercising the powers him self. Amendment of section 26 of the principal enactment. 22 NationaL EnvimnmentaL (Amendment) Act, No. 56 of 1988 (2) by the ommission of paragraph (h) of subsection (5) of that section and the substitution therefore of the following paragraph r-i (h) in respect of any Government department, corporation, statutory board or public officer, except with the concurrence of the Minister in charge of such Government department 01' corporation or statutory board, or the depart ment in which such public officer is employed. ". 10. Section:31 of the principal enactment is hereby repealed and the following section substituted therefore: Replacement of section 31 of the principal enactment. " Penalty for offences for which no punish ment is expressly provided for. 31. Every person who contravenes or fails to comply with any provisions of this Act or of any regulations made thereunder for which no punishment is expressly provided for shall be guilty of an offence and on convi ction before a Magistrate shall be Iiable to imprisonment of either description for a term not exceeding two years or to a fine not exceeding ten thousand rupees or to both such imprisonment and fine.". Replacement of section .2 of the principal enactment. 11. Section 32 of the principal enactment is hereby repealed and the following section substituted therefore: "Regulations. 32. (1) The Minister may make regula tions in respect of all matters which are stated or are required by this Act to be prescribed or for which regulations are required by this Act to be made. (2) In particular and without prejudice to the generality sf the powers conferred L. subsection (1) the Minister may make regulations in respect of all or any of th: following matters: (a) levy of fees for (i) examining plans, specification and information relating installations or propose installations; National Environmental (Amendment) Act, No. 56 of 1988 23 (ii) the issue of licences under this Act; and (iii) carrying out necessary moni toring duties; (b) specification of standards or criteria for the implementation of any national environmental policy or classification fur the protection of the environment and for protec ting beneficial uses ; (c) specification of standards or criteria for determining whether any matter, action or thing is poisonous, objectionable, detrimental to health or within any other description or referred to in this Act ; (d) prohibition of the discharge, emission, or deposit into the environment of any matter, whether liquid, solid, 0):" gaseous, or of radio activity and prohibition or regulating the use of any specified fuel; (e) specification of ambient air quality standard and emission standards and specifying the maximum per missible concentartions of any matter that may be present in or discharge into the atmosphere; (f) prohibition of the use of any equip ment, facility, vehicle or boat capable of causing pollution or regu lating the construction, installation or operation thereof so as to prevent or minimise pollution; (g) requirement· of issuing pollution warnings or alerts; 24 National Environmental (Amendment) Act, No. 56 of 1988 (h) prohibttion or regulation of the open burning of refuse or other combus tible matter; (i) regulation of the establishment of sites for the disposal of solid or liquid waste on or in land ; (j) determination of objectionable noise and specification of standards for tolerable noise; (k) prohibition of or regulation of bath ing, swimming, boating or other activity in or around any waters that may be determintal to health or welfare or having adverse cultural leffects or for preventing pollution • (I) requirement that the oil refineries and installations operating in Sri Lank> store such substance or materia; and equipment necessary to dea with any oil pollution df the inlanc waters of Sri Lanka that may aris in the course of their business; (m) requirement that the oil refineric carrying on business install sue equipment as may be prescribed fe the purpose of reducing or prever ing any trade affluent from co taining oil; (n) prescribing the procedure relating appeals against the decision of t Authority; (0) relating to visual amenities in urt. and rural areas; (p) storage and transportation of ham nious materials; (q) disposal of wastes and hazard materials whether to the atr nhere, waters or soil ; and National Environmento! (Amendment) 25 Act, No. 56 of 1988 (r) requirement of specific enviromental monitoring duties by the developer or a specified third party delegated for this purpose. (3) Every regulation made by the Minister shall be pub lished in the Gazette and shall come into operation on the date on such publication or upon such later date as may be specified in the regulation. (4) Every regulation made by 'the Minister shall, as soon as convenient after its publication in the Gazette, be brought before Parliament for approval. Every regulation which is not so approved shall be deemed to be rescinded as from the date of such disapproval but without prejudice to anything pre viously done thereunder. Notification of the date on which any regulation is deemed to be rescinded shall be published in the Gazette. 12. Section 33 of the principal enactment is hereby Inended as follows : (c) by the insertion, immediately before the definition of "beneficial use", of the following new defini tion : , o: air pollution" means an undesireble change in the physical, chemical and biological charac teristics of air which will adversely affect plants, animals, human beings and inanimate objects ;' (b) by the insertion, immediately after the defiinrtion of "environment " of the following new definitions: , " anvironmental impact assessment report" means a 'written analysis of the predicted environ mental project and containing an environ mental cost-benefit analysis, if such an analysis has been prepared, and including a description of the project, and includes a description of the avoidable and unavoidable adverse environmental effect of the proposed prescribed project ~ a description of alterna tive to the activity which might be less harmful to the I environment together with the reasons why such alternatives were rejected, and a description of any irreversible or irretrieable commitments of resources required by 'the proposed prescribed nro'ieet : Amendment of section 33 ofthe principal enactment. 26 National Environmental (Amendment) Act, No. 56 of 1988 " initial environmental examination report" means a written report wherein possible impacts of the prescribed project on the environment shall be assessed with a view to determining whether such impacts are significant, and as such requires the prepartion of an environmental impact assessment report and such report shall contain such further details, descriptions, data, maps, desings and other information and details as may be prescribed by the minister; , ; (c) by the repeal of the definition ., local authority" and substitution therefore of the following definition : , "local authority" means any Municipal Council, Urban Council, or Dvelopment Council, and includes any Authority created and establish ed by. or under any law to exercise, perform and discharge powers, duties and functions corresponding to or similar to powers, duties and functions exercised, performed and dis charged, by any such Council;' ; (d) by the insertion, immediately after the definition of "local authority", of the following new defiini tions : , "noise pollution" means the presence of sound at a level which causes irritation, fatigue, hearing loss or interfers with the perception of other sounds and with creative activity through distraction; " pollutant" means any substance whether liquid, solid.or gaseous which directly or indirectly (a) alters the quality of any segment or ele ment of the receiving environment so as to effect any beneficial use adversely; or (b) is hazardous or potentially hazardous to health ;' : and National Environmental (Amendment) 27 Act, No. 56 of 1988 (e) by the insertion, immediiately after the defiinition of "territorial waters", of the following new defini tion : , " toxic chemical" means a substance characterised by definite molecular composition which has harmful effects on living material or which can create hazardous changes in the environ ment.'.