National Environmental (Appellate Procedure) Regulations, 1994

NATIONAL ENVIRONMENT ACT, No 47 of 1980 REGULATIONS made by the Minister of Transport, Highways, Environment and Womens' Affairs under section 32 of the National Environmental Act, No 47 of 1980 read with section 23 E of that Act. Colombo , 05th October, 1994 SRIMANI ATHULATHMUDALI, Minister of Tran sport Highways, Environment and Womens' Affairs Regulations 1. These regulations may be cited as the National Environmental (Appellate Procedure) Regulations, 1994. 2. Theoe regulationo ohall apply to appealo againot the r efuoal to grant, the refuoal to renew, the suspension or the cancellation of an environmental protection licence under section 23B or 23D of the National Environmental Act. No. 4 7 of 1980 (hereinafter in these regulations referred to as "the Act") by the authority or any government department, corporation, statutory board, local authority or public officer to whom the Authority may have delegated the power to issue, suspend, renew or cancel such licence under and in terms of section 26 of the said Act. 3. Appeals under section 23E against the refusal, refusal to renew, suspension or cancellation of an Environmental Protection Licence shall be lodged with the Secretary to the Ministry of the Minister in charge of the subject of Environment within thirty days after the date of the notifica tion of the decision appealed against. 4. (1) (a) Every Appeal to which these regulations apply, shall be in writing and be signed by the appellant and where the appellant is a body of persons be signed by Director, Secretary or other authorized officer of that body: (b) be dated and lodged with the Secretary to the Minister within the stipulated time; (c) h ave annexed to it a copy of the decision appealed against; (d) set out concisely in duly numbered paragraphs the grounds of appeal; (e) set out the relief which the appellant seeks; and (f) set out the names anrl arlrlresses of any persons or horlies of persons who were parties to any hearing or inspection carried out by the authority, government department, corporation, statutory body, local authority or public officer as the case may be. (2) Any appeal that does not comply with the requirements of regulation 4(1) shall not be processed until the said requirements are complied with. The Secretary shall notify the appellant of non-compliance in writing and where the appellant fails to rectify such omission within the time stipulated in the notice, or within such extension of time as the Secretary may on application grant, the Secretary shall reject the appeal. 5. All appeals received shall be entered on a register to be maintained by the Secretary for such purpose. Such register or an extract thereof duly authenticated by the Secretary shall be a public document open for public inspection at the office of Ministry of the Minister in charge of the subject of Environment during any working day. 6. Upon the lodging of an a ppeal, the Secretary shall call for the entire record relating to the decision under appeal from the authority, government department, corporation, statutory body, loca l authority or public officer as the case may be an they shall forthwith forward the said record to the Secretary. 7. The Secretary shall thereafter notify in writing the persons whose names and addresses are disclosed in the appeal that an appeal has been lodged and that the appeal, may be perused at his office during a period of ten working days from the date of notice and 3hall further inform 3uch pcrnon3 that he will entertain written objections or comments to the appeal during tha t period; Provided however,, where the number of persons disclosed in the appeal exceed 20,, the Secretary may, in his discretion, publish the notice in an English, Sinhala or Tamil newspaper. 8. At the end of t h e period referred to in regulo.tion 7, the Secreto.ry sho.11 notify the appellant, that objections or comments have been received from the persons disclosed in his appeal and that the same may be perused at his office during a period of ten days from the date of such notification and the appellant may respond in writing if he so desires to such objections or comments, during that period. 9. At the conclusion of the period referred to in regulation 8, the Secretary may in his discretion, notify the appellant and the persons who have made objections or comments under regulation 7, to appear before him at a formal hearing of the appeal on such date and time as may be set out in such notice . 10. The appellant and any person notified may be represented by a Attorney-at-Law by some other persons duly authorised by him in writing. 11. The Secretary may a lso notify the authority, government department, corporation, statuto1y body, local authority or public officer as the case may be, to submit its comments or observations on the appeal, and may require them to be present and make submissions at any hearing through an officer duly authorised in writing or through :m Attorney-M-1::iw or the Attorney-Genernl. 12. At the conclusion of the hearing, the Secretary shall make a decision on the appeal within one week of the conclusion thereof, and shall in writing notitY the appellant and all persons disclosed in the appeal and the authority, government department, corporation, statutory body, local authority or public officer as the case may be, of the decision together with the reo.sons therefore. 13. The Secretary shall maintain a journal in respect of every appeal and shall record his reasons for the decision on the appeal in the record. The decision together with the reasons shall be communicated under regulation 12. 14. The Secretary may also establish an Appeals Advisory Committee cons1stmg of officers in the Ministry and other qualified persons to advise him in making his decision on the appeal. He shall not appoint any person who has any interest in the subject matter or who is a party to the appeal Members of the Appeals Advisory Committee are entitled to be present during hearing and may be consulted by the Secretary during hearings. The Secretary shall not be bound to follow any or all the advice given by members of the said Committee. 15. In these regulations unless the context otherwise requires: a "Act" means the National Environmental Act, No 47 of 1980 as amended from Lime Lu Lime; b "Authority" means the Central Environmental Authority established under the N::ition::il F:nvironmP.nt::il Ar.t. No 47 of 1 qRO.