North Western Province Environmental Statute 1990 (No. 12 of 1990)

PROVINCIAL COUNCIL OF THE NORTH WESTERN PROVINCE OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA NORTH WESTERN PROVINCE ENVIRONMENTAL STATUTE No. 12 of 1990 (Date of assent : January 10 19(1) Printed on the orders a/the North Western Province Provincial Council Published in Part IVA of the Gazette of the Democratic Socialist Republic of Sri Lanka of June 26, 1992. PRJNreO AT THE DePARTMEIiT OF GOVERNMENT PRII'mNG. SRIUNKA To BE PURCHASED AT TilE COUNCIL OFFICE OF TilE NWP North Western Province Environmental Statute No. 12 of1990 A STAnJfE TO PROVIDE FOR TIIE ESTABUSHMmf OF TIIE NORm WESTERN PROVINCE ENvIRONMmfAL AurnoRITY, TO MAKE PROVISION wrrn RESPECT TOTIIE POWERS, AJNCOONS AND DunES OF TIIAT AurnoRITY AND TO MAKE PROVISION FOR TIIE PROTEcnON, MANAGEMmf Al'o'D ENHANCEMmf OF TIIE ENYIRONMmf AND FOR TIIE REGULATION MAINrfNANCE AND CONTROL OF TIlE QUAUTY OF TIIE ENYIRONMmf. BE it passed by theProvincial Council of the North Western Province of the Democratic Socialist Republic of Sri Lanka as follows: l. This statute may be citedas the North Western Province Environmental Short title and Statute No. 12 of 1990 and shall come into operation on such date as the date of operation. Provincial Minister in charge of the subject ofLocal Government, herein after referred to as the Minister, may appoint by notification in the Gazette. PART I ESTABLISHMENT OF THE NORTII WESTERN PROVINCE ENVlRONMENTALAlfffiORITY AND AN ENVlRONMENTALCOUNC~ 2. (1) For the purposes of this Statute there shall be established an Establishment of Authority called North Western Province Environmental Authority. the Authority. (2) The Provincial Environmental Authority established under sub section (1) shall consist of the persons who are for the time being members of the Authority under subsection (1) of section 3. (3) The Authority shall, be a body corporate and shall have perpetual succession and a common seal and may sue or be sued in such name. 3. (1) The Authority shall consist of three members appointed by the Chief Minister of the North Western Province in consultation with the Minister (a) one of whom shall have adequate expertise and qualifications in the subject of the environment; and (b) one of whom shall have suitable administrative skill and experi ence in environmental management (c) one of whom shallbe.the Chief Secretary of the North Western Provincial Councilor the officer discharging the duties of that office. (d) The ChiefSecretary of the North Western Provincial Councilor the officer discharging the duties of that office shall be the Chairman of the Provincial Authority. (e) The Chairman of the Prm,;~~;-t , " Members of the Authority and the Secretary. 2 North Western Province Environmental Statute No. 12 of1990 Seal of the Provincial Authority. Fund of the Provincial Authority. Financial year and the audit of accounts of the Authority. 4 (l) The seal of theProvincial Authority shall be in the custody of the Secretary. (2) The sealof the Provincial Authority may be designed or altered in such manner as may be determined by the Authority. (3) The seal of the Provincial Authority shall not be affixed to any instrument or document except in the presence of the Chairman or a member of the Authority who shall sign the instrument or document in token of his presence. 5 (l) The Provincial Authority shall have its own Fund. There shall be credited to the Fund of the Authority (a) all such sums of money as may be voted by the Provincial Council of the North Western Province for environmental purposes; (b) all such sums of money as may be received by the Provincial Authority in the exercise, discharge and performance of its powers, functions and duties; and (c) all such sums of money as may be received by the Authority by way of loans, donations, gifts, or grants from any source whatsoever, whether in Sri Lankaor with the concurrence of the Government, outside Sri Lanka. (ci) all such sums of money as may be received by the Provincial Authority by way of fines or charges in the discharge of its functions. (2) There shall be paid out of the Fund of the Provincial Authority all such sums of money required to defray any expenditure incurred by the Authority in the exercise, discharge and performance of its powers, functions and duties. (3) The initial capital ofthe Authority shallbe onemillion rupees which amount shall be paid out of theProvincial Fund andcredited 10theFund of the Authority. 6 (1) The financial yearof the Authority sball be the calendar year. (2) The Authority shall cause properb<dsofaccounts to be keptofthe income an expenditure, assetsand liabilities andall 0Iber transactions of the Authority. (3) The Auditor-Generalsball audit theaccounlS oftheAuthorityevery year. (4) Having audited the accounts of the Provincial Authority, the Auditor-General or therelevant public offacer on his behalf for theNorth Western Province, shall at the end of each calenilllf' 'UP- ...... ••• Prnv1"";~1 r" . !. North Western Province Environmental Statute No. 12 of1990 3 7. (1) There shall be established a Provincial Environmental Advisory Council (bereinafter referred to as "the Advisory Council") which shall consist of the following members appointed by the Minister or of such number of Members as may be appointed out of them. (a) Secretary to each Provincial Ministry of the Provincial Council of theNorth Western Provinceora senior officer ofeach Provincial Ministry nominated by the Provincial Minister concerned. (b) Director of Health Services of the Provincial Council of the North Western Province or the officer discharging the functions of that office. (c) Director of Education of the Provincial Council of the North Western Province or the officer discharging the functions of that office. (d) Director of Agriculture of the Provincial Council of the North Western Province or the officer discharging the functions of that office. (e) Director of Agrarian Services of the Provincial Council of the North Western Province or the officer discharging the functions of that office. (j) Provincial Director of the Road Development Authority of the North Western Province or the officer discharging the functions of that office. (g) Chief Forest Officer of the Forest Department of the North West ern "Province or the officer discharging the functions of that office. (h) Director of Industries of the Provincial Council of the North Western Province or the officer discharging the functions of that office. (i) Director of Fisheries of the Provincial Council of the North Western Province or the officer discharging the functions of that office. (j) Provincial ManageroftheNorth Western Provinceof the National Housing Development Authority appointed with the concur rence of the Government or the officer discharging the functions of that office. (k) Land Commissioner of the Provincial Council of the North West ern Province or the Officer discharging the functions of that office. (1) Any other officers of the Provincial Council nominated by the Provincial Minister in charge of the subject of Environment (m) The following officers, discharging functions in relations to the North Western Province, who will be nominated by the Minister in charge of the subject ofenvironment in consultation with the government, Provincial EnvirODJneDLal Advisay Council. 4 North Western Province Environmental Statute No. 12 of1990 Deputy Surveyor General Regional Manager of the National Water Supply and Drainage Board. ChiefExecutive, for the North Western Province, of the Water Resources Board. Chief Executive, for the North Western Province, of the Wild Life Department. ChiefExecutive, for theNortb Western Province, ofthe Ceylon Electricity Board. An officer of the Department of Town and Country Planning. A representative of the Central Environmental Authority. (n) Three members to represent voluntary agancies in the field of Environment. (0) ThreeMemberswithadequateexpertiseinthefieldofEnvironmenl. (p) The Secretary, for the time being, of the Provincial Authority. Disqualification of Members. (2) A Public officer, belonging to a Provincial Ministry should not be appointed under Sub - Section 1, as a member of the Advisory Board unless the Provincial Minister concerned concurs with such appointment. (3) The Minister shall appoint one of the members appointed under Sub-Section (1) to be the Chairman of the Advisory Council. (4) The Secretary to the Provincial Authority shall be the Secretary of the Advisory Council. (5) The functions of the Advisory Council shall be generally to advise the Provincial Authority on matters pertaining to its responsibilities, powers and functions and to advise or investigate and report on or make recommendations in respect of any matter referred to the Advisory Council by the Provincial Authority. 8. (1) A person shall be disqualified from being appointed or from continuing as a member of the Provincial Authority orAdvisory Council. (a) if be is or becomes a member of Parliament. or the Provincial Council or a local authority; or (b) if he is not. or ceases to be a citizen of Sri Lanka ; or (c) ifbe is removed by tbeMinisteror the CbiefMinisteras the case maybe ;or (d) if he ceases, owing to transfer or such other reason, to hold the office by virtue of which be was appointed a member. North Western Province Environmental StatuteNo. 12 of1990 5 (2) A person appointedunder Section 3 (1) to the Provincial Authority or 7 (1) to the Advisory Council shall, unless he becomes disqualified under Section 8 (I) , hold office for a term of three years from the date of appointment (3) If a member becomesdisqualified in termsof Section 8 (I), before the expiry of the term of three years, the Chief Minister or the Minister mayappoint inhisplace,another personout of thosereferred to inSection 3 (I) or 7 (I) as the casemay be. (4) No act or proceeding of the Provincial Authority or the Advisory Council shall be invalidby reason only of the expiry of the term of office of a member or membersor a defect in the appointment of a member and suchexpiryordefectshall havenoeffect on theactivitiesof theProvincial Authority or the Advisory Council. (5) The term of office of the Secretary and the Chairman of the Provincial Authorityand the AdvisoryCouncil shall be only till he bolds the office by virtue of which he was appointed. (6) If the Secretary of the Provincial Authority and the Advisory Council or theChairmanof theProvincialAuthorityis temporarilyunable to discharge the duties of his office due to ill health or absence from Sri Lanka or for any other cause the Chief Minister or the Minister may appoint the next senior officer or acting officer to act in his place. (7) The Chairman or the Provincial Authority or the Secretary of the Provincial AuthorityandAdvisory Council or any member not being an officerofany MinistryorDepartmentby virtueof whichhe wasappointed may resign by giving notice in writing to the Chief Minister or to the Minister. (8) The Chairman, the Secretary and the members of the Provincial Authority and members of the Advisory Council may be paid with the concurrence of the Minister, such remuneration or allowance out of the fund of the Authorityas may be determined by the Authority. (9) The Chairman of the Provincial Authority or Advisory Council shall, if present, preside at all meetings of the Provincial Authorityor the AdvisoryCouncil.In theabsenceof theChairman at anysuch meeting the memberspresentshallelect oneof themembers topreside at the meeting. (10) The quorum for any meeting of the Provincial Authority shall be two members and the quorum for any meeting of the Advisory Council shall be five members. (11) Meetingsof theProvincialAuthorityandof the AdvisoryCouncil shall be beldonsuchdates, timesand places as may be determinedby the Chairman. (12) The Provincial Authority shall, in the exercise discharge and performance of its powers functions and duties under this Statute be 6 North Western Province Environmental Statute No. 12 of1990 PARTll Powers and Functions of the Provincial Authority. POWERS AND RJNCTIONS OF TIlE PROVINOAL AUfHORITY 9. The powers and functions of the Provincial Authority shall be ; (a) to administer the provisions of this Statute and the regulations made thereunder; (b) to recommend to the Minister, the amendments to be made or rules to be drafted that may be necessary for the planning of the conservation of soil, conservation of forests, prevention of pollution ofair, water and land and for the planning ofin the use of air, water and land, within the Province and to draft the amendments or rules on the advice of the Minister. (c) to undertake surveys and investigations as to the causes, nature and extent and prevention of pollution or the appointment, with the concurrence of the Minister and the appointment of special committees that may be of use in the discharge of the functions of the Provincial Authority. (d) to specify standard." nOlIDS and criteria for the protection of beneficial usesandformaintaining the quality ofthe environment (e) to publish books, documents, reports, information and notifica tions with respect toenvironmental protection andmanagement. (f) to undertake investigations and inspections to ensure compliance with this Statuteand the rules made thereunder and to investigate complaints relating to non- compliance with such provisions. (g) to determine methods'of undertaking investigations referred to in (f) above and to engage persons, officersor anyone decided upon by the Provincial Authority, for the purpose. (h) to provide information an education to the public regarding the protection and improvement of theenvironmenl (I) to establish and maintain, liaison with other national and interna tional organizations with respect to protection and management ofenvironmentandto setup educationalexchange P-Ogr3mmes. G) topreparelongteml<rsborttemlpiansforenviroomentalprotection and management and lay down procedures for encouraging the public or institutions for the protection of environment and to carrv out such nl:m!: l'nrl nrnrMllrPC:: North Western Province Environmental Statute No. 12 of 1990 7 (k) to plan and carry out all steps necessary to prevent the discharge of wastes and pollutants into the environment and the protection and the improvement of the quality of the environment (l) to require any local authority within the North Western Province to comply with and give effect to any recommendation relating to environmental protection within the limits of the jurisdiction of such local authority and in particular any recommendation relating to all or any of the following aspects of environmental pollution; (i) the prohibition of the unauthorized discharge, emission or depositoflitter, sewage or other waste and the enforcementof management orders; (ii) the prevention of the discharge of un-treated sewage, litter or other waste or industrial affluents or toxic chemicals or carbonic smoke into soil canals and water ways or emission of air or smoke containing particles of waste detrimental to environment and public health and the enforcement of man agement orders. (iii) the prohibition of the display of posters or bills on walls or buildings or any other unauthorized places and regulation of the erection of advertising hoardings; (iv) the prevention ofthe defacementofthe scenic places and public property; (v) the control of the atmospherical, noise and land pollution and the enforcement of management orders ; (vi) the prohibition of the storage, transport and disposal of any material which is hazardous to health and environment and the enforcement of the orders therefore ; (vii) the prevention of damage to plants and trees, grown or growing in the way side or in parks or in any other public place, the making of arrangements to protect and maintain them in proper condition, the iInplementation of recommendations and proposals made forwards promoting such protection and the making of management orders therefore. 10 (I) The Provincial Authority may; give to any local authority in writing such directions whether special or general to do or cause to be done any act or thing which the Provincial Authority deems necessary for safeguarding and protecting the environment within the limits of such local authority. Power to give directions to local authorities . 8 North Westem Province Environmental Statute No. 12 of1990 PART ill STAFF OF THE PROVINCIAL AUfHORfIY The Chief Executive and the Chief Administra tive officer of the Provincial Authority. Appointment of officers, servants and agents. 11. (1) The Chairman appointed in terms of Section 03 (1) (d) an the' Secretaryappointedin terms ofSection03 (1) (e)shall be theChiefExecutive and the Chief Administrative Officer respectively of the Provincial Authority. (2) (a) TheSecretaryofthe Provincial Authority, subject to the general direction andcontrolof the Chairman, shall be in charge of the direction ofthe operations, theorganization and the discharge of the duties andfunctions and the administration andcontrol of the employees, of the Provincial Authority. (b) The Provincial Authority shall recruit, a Director of the Provin cial Authority, having the qualifications prescribed and on conditions iaid down, in Section 12 (1), and versed in and having educational qualitlcations in environmental field, to assist the Secretary-in the discharge of his responsibilities. (c) He shall be paid such remuneration by the Provincial Authority as may be determined in terms of Section 12 (2). (d) The Secretary of the Provincial:Authority, and in his absence . the Director shall be entitled to participate at the meetings of the Provincial Authority; but shall not be entiltled to vote at such meetings. 12. (1) The Provincial Authority may appoint in terms of recruitment procedure laid down by theAuthority such officers and servants as it considers necessary for the efficient exercise, discharge and performance of its powers, functions and duties. (2) The officers and servantsof the Authority who are not entitled for remuneration under see 8 (8) shall be remunerated in such manner and at such rates, as maybe determined by such regulations as may be prescribed by the Provincial Authority. (3) At the request of the Provincial AuthOOty any offICer in the public service, provincial public service or local government service may, with the consent of thatofficer and the Secretary to theMinistry of the or the Minister in charge of the subject ofPub1ic Administtalion astbe~may be, temporarily appointed to the staffof theProvincial Authority.for SUch period as· may bC determined by the Provincial Authootywith like consent, or be permanently appointed to such staff. (4) Where any officer in the publicservice is temporally appointed interms ofsection (3) the provisions ofsubsection (2) ofsection 13 of th.. North Western Province Environmental Statute No. 12 of1990. 9 (5) Where the Authority employs any person who has entered into a contract with the Provincial Council by which he has agreed to serve the Provincial Council for a specified period, any period of service with the Authority by that person shall be regarded as service to the Provincial Council for the purpose'of discharging the obligations of such contract '(6) Where any person is temporarily appointed to the staff of the Authority, such person shall be subject to the same disciplinary control as any other member of such staff. (7) The qualifications and conditions of service prescribed by the Authority for the purpose of recruitment of staff to the Authority shall apply to all officersand employes other Lbe Chairman and theSecretaryof the Provincial Authority. PART IV ENVIRONMENTAL MANAGEMENT 13. The Provincial Authority in consultation with the Advisory Land Use Councilshall, with Lbe assistanceof theMinistryoftheProvincialMinister management. inchargeof thesubjectofLands, formulateandrecommend to theMinister a land use scheme consistent with the following objects: (a) to provide a rational; orderly and efficient system of the acquisi tion, utilizationanddisposition of land and its resources in order to derive there from maximum benefits; and (b) to impose conditions or orders in respect of bare, uncultivated, abandoned or neglected lands and lands which arenot orderly or gainfully cultivated ; (c) to encourage theprudent useand conservationofland resourcesin order toprevent ail imbalancebetween the needs of the Province and such resources. (d) to determine the crops thatmay be cultivated on a land, villageor area. 14. The Land Use Scheme formulated undet sectiOn 13 may include (a) a 'scientifJ.Ca11y adequate IaDd' inventory and classification . system; Cbl a detenninalion of present land uses. theextent to which Such land is utilized;under utilized or rendered idleor abandoned; (e) a comprehensive and accurate determination or the adaptability LandUsc Scheme. Natural Re sources, Management and Conservation. Management Policy for Fisheries and Aquatic Resources. Management policy for wild life. Management policy for forestries. 10 North Western Province Environmental Statute No. 12 of 1990 (d) identification of areas having important historic, cultural, or aesthetic value where uncontrolled development could result in damage or areas, development of which could result in damage to the conservation of enviromment; (e) a method for exercising control by the Provincial Council over the use of land in areas where environment control is deemed necessay ; and (f) a policy for influencing the location of new areas for the resettle ment of persons and village expansion and the methods for assuring appropriate controls over the use of land in and around such areas. NATURAL RESOURCES 15. The Provincial Authority in consultation with the Advisory Council shall recommend to the Minister the basic policy on the management and conservation of the natural resources of the Province in order to obtain the optimu benefits therefrom and to preserve the same for future generations and the general measures through which such policy may be carried out effectively and shall formulate regulations therefore on the advice of the Minister. F1SHERIES AND AQUATIC RESOURCES 16. The Provincial Authority in consultation with the Advisory Council shall, with the assistance of the Ministry of theProvincial Minister in charge of the subject ofFisheries, recommend to theMinister a system of rational exploitation of fisheries and aquatic resources within the territorial waters of the North Western Province, or within its inland waters and shall formulate regulations therefor on the advice of the Minister. WILDLIFE RESOURCES 17. The Provincial Authority in consultation .with the Advisory Council shall, with the assistance ofthe Ministry ofweProvincialMinister in charge of the subject of Wildlife conservation, recommend to the Minister a system of rational exploitation and conservation of wildlife resources and shall formulate regulations therefore on theadvice of the Minister. FORESTRY 18. The Provincial Authority in consultation with the AdvisoryCouncil shall, with the assistance of the Ministry of the Minister1ncbarge of the subject of Forestry, recommend to the Minister a system of North Western Province Environmental Statute No. 12 of1990 11 (ii) conservation developmentandreplanting of threatened species offlora, and restraction andprevention oftheir destriction and sale; (iii) promoting public participation in forest conservation and tree planting; (iv) land classification, management of forest expansion, planta tion ofindustrialand fuel trees, parksandwild life management, forest research and study, mimmization ofdamage consequent upon the development effort tree planting by the roadside and its regulation and settingup,development and conservationof parks, arbours and forest resorts. SOIL CONSERVATION 19. The Provincial Authority in consultation with the Advisory Council shall, with the assistanceoftheProvincial Ministries ofIrrigation, Agriculture, Plantaion, Lands, Highways and Local Government, recommend to theMinister programmes for the identification and protection of critical watershed areas; identification study and introduction of scientific farming techniques that prevent soil erosion; identification of areas subject to soil erosion; restriction, prohibition and imposition of conditions on such cultivations or other activities leading to soil erosion, encouragement of soil conservation, enlightenment on the consequences of soil erosion and regulation ofdrainage systems on highways and lands and shall formulate regulations therefore on theadvice of the Minister. PART V ENVIRONMENTAL PROTECTION Policy on soil Conservation Management. Prohibiti on of the discharge, emission or deposit of waste into the environ ment. 20. With effect from such date as may appointed by the Minister by Order published in the Gazette. (hereinafter referred to the "relevent date"), no person shall discharge, deposit, or emit waste that is, garbage, animal or plant residue, sewage, industrial affluents or toxic chemicals, carbonic matter, air or smoke containing particles of waste or obnoxious odur, detrimental to environment and public health into the environment which will cause pollution except (a) under the authority of a licence issued by the Provincial Authority; and (b) in accordance with such standards criteria, conditions or rules as maybe prescribed under this Statute. 21. (l) The Provincial Authority may, on application being made Issue of licences. therefore to the Authority in such form as may be prescribed, and on payment of theprescribed fee, issue a temporary or annual licence to any person or institution authorizing such person discharge, deposit or emit, waste chemical into the environment referred to in Section 20 in accord 12 North Western Province Environmental Statute No. 12 of 1990 Authority may refer application to a Government department or publi c corpora lion. Suspension or cancellation of licence. Appeals against refusal of licence. (2) A licence should be valid for such period as shall be specified in the licence, provided, it sball not be for more than a period of twelve months; and (3) When a licence is issue in terms ofSection 1 for a purpose it can be continued beyond the periodofvalidity ofthe licence only ifa fresh licence is obtained or on renewal of the existing licence. 22 (a) In issuing licences under Section 28, the Provincial Authority may where it considers necessary refer the application to an appropriate Provincial Minsitry, Department, Institution or officer requesting that a report or recommendation be made on such application. (b) Where an application is referred to a Provincial Ministry, Department, Institution or officer such Ministry, Department, Institution or officer shall report on it or make recommenda tion thereon without delay. (c) The Provincial Authority shall not take a decision on such application until the report or recommendation is received. 23 (a) Where a: licencehasbeen issued to any person under Section 21 and such person acts in violation of any of the terms, standards and conditions of the licence or where since the issue of licence, the Provincial Authority considers the receiving environment no longer suitable for the continued discharge, deposit, or emission of waste or where it is not considered beneficial the Authority may suspend or cancel such licence. (b) where a licence is suspended or cancelled, the activity concerned should cease forthwith. 24 (1)(a) where the Provincial Authority refuses in terms of Section . 21 to issue a licence the fact should be communincated to the parties concerned. (b) Any person who is aggrieved by such communication, may, within five days of the date of communication, appeal to the Minister by registered letter. (c) The Minister should give a decision on the appeal, on a recommendationmade afteran inquiry by a panel oftwo or more mambers of the Advisory Council. North Western Province Environmental Statute No. 12 of 1990 PART VI ENVIRONMENTAL QUALITY 13 25. Subject to section 20 of this Statute with effect from the relevant date, no person shall deposit or emit waste into the inland waters of the North Western Province except in accordance with such standards or criteria as may be prescribed under this Statute. 26. (1) No person shall pollute any inland waters of the North Western Province or cause or permit to cause pollution in the inland waters 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 benificial 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 Statute or by any regulations made thereunder ; (b) be places any waste, whether solid, liquid, or gaseous, in a position where it falls, decends, 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, ofany ri ver, stream or other water-way or knowingly or through his negligence causes or permits any wasts to be placed on such a bed ; or (d) he causes the temperature of coastal or off-shore waters of the North Western Province to be raised oflowered by more than the prescribed .limits. (3) Every person who contravenes the provisionsofsubsection (l) 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 throusand, and thereafter in the event of the ~ rr~ . 1. ~.~ ~•• : •• - ..... - '- - ,... ... Restriction, regullllion and cootrol of pollution of the inland waters. Pollution of inland waters of the North Western Province. Restri ction on pollution of the atmosphere Pollution of atmosphere. 14 North Western Province Environmental Statute No. 12 of1990 (b) required to take within such period as may be determined by court, such corrective measures as may be deemed necessary to prevent further damagebeing caused to the coastalandoffshore waters of the North Western Province and furnish at theendofsuch 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 damag~ already caused as a consequence ofthe commission ofsuch offence, and where such person fails to bearthe 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 aftera period ofsix weeks from thedate ofhis conviction, thecourtmay upon an application for closure being made by the Secretary of the Provincial Authority or any officer authorized in that behalf by him order the closure of such factory or trade, or business being carried at such premises, which caused the pollution of inland, coastal or off-shore waters of the North Western Province 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 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 office 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. 27. Subject to Section of this Statute with effect from the relevant date, no person shall discharge or emit waste into the atmosphere except in accordance with such standards or criteriaas may be prescribed under this Statute. 28. (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 expected to make the atmosphere or any part thereof unclean, noxious, poisonous, impure, detrimental to the health, welfare, safety, or property ofhuman beings, poisonous or harmful to animals, birds.wildlife, plant or all other forms of life or detrimental to any beneficial use of the atmos phere. (2) Without limitation to the generality of subsection (I) a person shall North Western Province Environmental Statute No. 12 of1990 15 (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 this Statute or by any regulation made thereunder to be placed in the atmosphere or does not comply with any regulations prescribed therefore under this Statute; (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 bums. wastes otherwise than at times of in the manner or place prescribed ; (<I) be 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) be uses or burns any fuel which is prohibited by regulations made under this Statute. (3) Every person who contravenes the provisions ofsubsection (I) shall be guilty of an offence. and on conviction shall be (a) liable to a fife 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 flneof 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 ofatmosphere. and furnish at the end of such period sufficient and acceptable proof of the incorporation ofsuch 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 thedate of his conviction, the courtmay upon an application for closure being made by the Secretary of the Provincial Authority or any officer authorized in that behalf by him order the closure of 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 Closureorder issued under subsection (5), the Magistrate shall forthwith order the fiscal 16 North Western Province Environmental StatuteNo. 12 of1990 Failure to fit and maintain presaibed control devices an offence. Restriction, regulation and control of pollution of the soil. Pollution of soil an offence. in such order not being a date earlier than three or later than s{ days from the date of issue of such order to close such factory ( business being carried at such premises. Such order shall be . authority for the said fiscal or any police officer authorized by b j behalf to enter the premises with such assistant as the fiscal or sr officer shall deem necessary to close such factory or trade or being carried at such premises. 29. Any person who owns, uses, operates constructs, sells, il offers to sell or install any machinery, vehicle or boat required by this Statute or any regulation made thereunder to be built, equipped with any device for preventing or limiting pollutio atmosphere without such machinery. vehicle or boat being so bu or equipped shall be guilty of an offence. AU devices built. equipped under this section shall be maintained and operated at tl the owner. 30. Subject to Section 20 of this Statute with effect from the date, no person shall discharge or deposit waste into the soil, l accordancewith such standards or criteria as may be prescribed u Statute. 31. (I) No person shall pollute or cause or permit to be polluted or the surface of any land so that the physical, chemical or bi condition of the soil or surface is so changed as to make or be rea expected to make the soil or the produce of Ute soil poisonous or I harmful or potentially harmful to the health or welfare of human poisonous or harmful to animals, birds, wildlife, plants or all ou» of life or obnoxious or, unduly offensive to the senses of human b so as to be detrimental to any beneficial use of the land. (2) Without limitation to the generality ofsubsection.(1) a per be deemed to contravene that subsection if (a) he places in or on any soil or in any place where it may gai. to any soil; any matter, whether liquid, solid or gaseou: prohibited by or under this act or any regulation made the or does not comply with such regulations as may be pres and (b) he establishes on any landa refusedump, garbage tip,soila disposal site, sludge deposit site, waste injection well, or wise uses land for the disposal ofor repository for solido: wastes so as to be obnoxious or unduly offensive to these human beings or will pollute.or adversely affect under; water or be detrimental to any beneficial use of the soil surface of the land. (3) Prior exemptions may, however, be granted for valid reasor as the application of an approved preparation in a prescribed mar tbecontrol ofa "ivt>.n tlP.~t nrn"ittptt th.... r ..~" .~ ..... ... --- - -' • North Western Province Environmental Statute No. 12 of1990 17 (4) Any person who contravenesany of the provisionsof this section sbal1 be guilty of an offence and on convictionbe liable to a fine not less than rupees tenthousandand notexceedingrupeesonehundred thousand in thecaseofacontinuing offencetoa fmeof rupeesfivehundredforevery day on which the offence continuesafter conviction. 32. Subject to Section 20 of this Statute with effect from the relevant date no person shall permit the emission of excessive noise, unless be complies with such standards or limitationsas may be presaibed under this Statute in regard to the volume, intensityor quality of such noise. 33. (1) No personshall makeoremitor cause or permit to be madeor emitted noise greater in volume, intensity or quality than the levels prescribedfor tolerablenoiseexceptundertheauthorityofa licenceissued by the ProvincialAuthority under this Statute. .' (2)TheprovisionsofSections21,22,23and24shall,mutatismutandis, apply to and in relation to the issueof a license under subsection (1). (3) Anyauthority, or institutionempoweredby.anyother writtenlawto issuelicencesrelatingtoanyof themattersreferredto in thisStatute,shall, conform to the standards specifiedunder this Statute. Restriction 011 noise pollutioD. Discharge of certain noise 10 be licensed. 34. (1) Anypersonwhowithouta license orcontrary to anycondition, Excessive noise limitationor restrictionto whicha licenseunder this Statute or any other an offence. written law is subject,makes or causesor permits to be made or emitted noise thatis greaterin volumeintensityorqualitythan the standardas may be presaibed for the emission of noise which is tolerable noise in the circumstances, shall be guiltyof an offence under this Statute. (2) Any person who is guilty of an offence undersubsection (1) shall on convictionbe liable to a finenot less thanrupees ten thousand and not exceeding rupees one hundred thousandand in the case of a continuing offence to a fmeof rupees five bundred foreveyday in which theoffence continuesafter conviction. 35.WheretbaProvincialAuthority isofopinionthat thecircumstances Notice to remove are such thatany litterdepositedin any place, whether-public or private, liner. is or is likely to become ~trimental to the health, safety or welfare of membersof thepublic,undulyoffensiveto the sensesofhumanbeingsor a hazard to the environment, the ProvincialAuthoritymay by notice in writingdirect the person who,is responSible for depositingsuch litteror any publicauthorityw~se fuQCtion is to disposeof or-remove such litter, to removeor disposeof suchlitterPI'to take such action in relationtosuch litter as may be specified in the notice. For the purposes of this section "Litter" means unwanted waste ......t..,.;..l whp.t~ It hv nroducr whichbas arisen durin~ a manufacturing 18 North Western Province Environmental Statute No. 12 of1990 Cost of removing litter may be recovered ..gainst person responsi ble. Failure to comply with notice an offence. Prohibition 011 discharge of oil into inland waters of North Western Province. Power to prohibit or require use of any material or equipment. Certificate to be prima facie evidence of fact. stated therein. 36. Tbe cost of removing or otherwise disposing of or reducing litter pursuant to a notice given under Section 35 may be recovered in any court of competent jurisdiction against any person proved to have deposited the litter. as a debt due to the Provincial Authority and when recovered shall be paid to the fund of the Provincial Authority. 37. An)' person to whom a notice in writing under Section 35 is directed and who fails without reasonable cause to comply with the requirements of the notice shall. if proved be guilty of an offence. 38. (1) No person shall discharge or spill any oil or mixture containing oil into the inland waters of North Western Province. (2) Any person who contravenes the provisions of subsecion (1) shall be 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. 39. (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, which will endanger the qualityof the environment, within the areas 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 indus trial plant within the areas specified in the Order. (3) Any person who contravenes any prohibition or fails to comply with any requirement in any Order made under subsections (1) and (2). shall be guilty of an offence. 40. In any prosecution for an offence under this Part of this Statute. a certificate issued under the hand of the Secretary 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 facie proof of the matters contained therein. PARTVD APPROVAL OF PROJECTS Project approving 41. (1) For the purposes of this Part of this Statute. the Minister may by agencies. Order published in the Gazeue specify the project approving agency <X' agencies (bereinafter in this Part referred to as environmental project approving agency or agencies) which shall be the project approving North Western Province Environmental Statute No. 12 of 1990 19 (2) Environmental Project approving agencies shall operate within the limits conditions or orders made by the Minister. (3) The Minister may at his discretion abolish, suspend or reconstitute such environmental project approving agencies. 42. The Minister shall by Order published in the Gazette determine the projects and undertakings (hereinafterreferred to as "prescribed projects") in respect of which approval would be necessary under the provisions of this Part of this Statute. . 43. (1) Notwithstanding the provisions of any other written law, from and after the coming into operation of this Statute, all prescribed projects that are being undertaken in the North Western Province by any department, corporation, statutory board, local authority, company, firm or an indi vidual will be required to obtain approval under this Statute for the implementation of such prescribed projects. (2) The approval referred to in subsection (l) shall have to be obtained fromthe appropriate project approving agency concerned or connected with such prescribed project; . Provided however, in respect of certain prescribed projects to be determined by the Minister, the project approving agency will grant ~'s approval only with the concurrence of the Provincial Authority. 44. (1) It shall be the duty of all project approving agencies LO require from any department, corporation statutory board, local authority, company, finn or individual who submit any prescribed 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 suchprojectand containing such information and particulars as may be prescribed by the-Minister for the purpose. (2) Aproject approving agency shallonreceiptofan inilial envirorunental examination report or an environmental impact assessment report. as the case may be, submitted to such project approving agency incompliance 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 within thirty days of the date on whicba notice uDdersubsection (2) ispubl~makehis 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 beard in support of his comments. and shall have rezard to such Prescribed Project. Approval of prescribed projects. Submission of environmental impact assessment report. 20 North Western Province Environmental Statute No. 12 of1990 Procedure to be based on guidelines prescribed. Appeal 10 the Secretary 10 the Ministry of the Minister. Abandonment of alteration of any prescribed project. Submission of a report on approved presaibed projects. (4) Where approval is granted for the implementation ofany prescribed project, such approval shall be published in the Gazette and in one newspaper each in Sinhala, Tamil and English languages. 45. The project approving agencies shall determine the procedure it shall adopt in approving any prescribed projects submitted to it for approval. Such procedure shall be based on the guidelines prescribed by .the Minister for such purposes. 46. (I) 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, provided that the Secretary shall before he decides on the appeal, obtain the observations of the advisory council. 47. Where any alternations are being made to any prescribed project for which approval had been granted or where 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 alternations 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 : Provided however, where such prescribedproject thatis being abandoned or altered in a project approved with the concurrence on the Provincial Authority, theProvincial Authmity should also be informed of it and any fresh approval that need to be obtained should be given only with the concurrence of the Authority. 48. (1) It shall be the duty of all project approving agencies to forward to the Provincial Authority a report on.each presaibed JX'Oject for which approval is granted by such agency. 48.(a) It shall be legal for any person or environmental agency authorized by the Provincial Authority to make a verbal or written direction to any person erecting ormaintaining within the North Western Province, an obstruction or projection that should not have been erected, or maintained except on the authority of a licence obtained onder the provision of this statute andin theevent ofaperson receiving such a direction refuses or fails to act in accordance with such direction or in the event of there being a doubt as to who sbould be served with such direction, the Provincial Authority sball, after displaying such notice at such Place. erection. or fIXture for a timedeemed to be reasonable by the Authority ~tshallbelegal for the Provincial Authority itself to remove such ~truction North Western Province Environmental Statute No. 12 of1990 21 (b) It shall be legal for a person who bas been authorized by the Provincial Authority to remove such erection, obstruction or projection to enter, with any human labour, machinery cattle elephants or any other animal labour together necessary implements, such place, premises house or building and take all measures that may be required to give effect to such removal or demolition. (c) Any person obstructingsuch action shallbeliable on conviction to a fine not less than rupees ten thousand or not exceeding rupees one hundred thousand or to imprisonment of either description for a term not exceeding two years or for both. (d) It shall be legal for the Provincial Authority to recover the cost ofsuch removal by the sale of material, equipment, machinery or buildings comprising such erection, obstruction or projection. (e) Where no such recovery can be made, it should be possible to obtain a court order to recover the damage in the form ofa fine imposed on the offending party. PART VIII GENERAL 49. (I) For the purpose of giving effect to the principles and objects of this statute. the Provincial Authority may. by notice in writing served on the occupier of any premises, require that occupier to furnish to the Provincial Authority within fourteen days or such longer period as is specified in thenotice such information as to any manufacturing. industrial. or trade process carried on in such premises or as to any wastes discharged or likely to be discharged form the said premises as is specified in the notice. (2) The Provincial Authority shall treat all information furnished to it pursuant to any requirement made under subsection (1) with the strictest secrecy and sball not divulge such Information to any person other thanto a court. subject to sub-section (3) for thepurpose ofany prosecution for an offence under this statute. (3) Any information furnished or statement made to the Provincial Authqrity pursuant to any requirementmadeundersubsection (1) shall not if the person furnishing the information of making the statement, objects. at the time of furnishing the infonIlation or statement, to doing so on the ground that it might end to inCriminate him, be admissible in evideu.c upon any proceedingsagainst that person for an offence underthissta ..me. 50. (1) The Secretary of the Provincial Authority or any other officer Furnishing of informalion 22 North Western Province Environmental Statute No. 12 of 1990 Provincial Authority to issue directives. Declaration of areas as environ meDIal pcotec:tion lIleas. Applicability of any other laws in protection areas. (0) examine and inspect any equipment or industrial plant; (b) take samples of any pollutants that are emisted, discharged or deposited or are likely to be of a class or kind that are usually emiued,discharged ordepositedfromsuchequipmentor industrial plant; (c) examine any bcoks, records or documents relating to the performance or use of such equipment. or industrial plant or relatingto theemission.dischargeordepositfromsuchequipment or industrialplant; (d) take pbotographs of such equipment or industrial plant as be considers necessary'or make copies of any books, records or documents seen in the course of sucb examination; or (e) take sample of any fuel, substance or material used, likely to be used or usuallyused in such trade. industryor process carried on in or on such premises. (2) The Secretary of the Provincial Authority or the officer authorized by him may, where he has reasonable cause to apprehend any serious obstructions in theexecutionof hisduties under sub-section(1). enter any land or premises accompaniedby a police officer. (3) Any person who prevents or obstructs Secretary to the Provincial Authority or an authorized.officer in carrying out such inspecion or investigation, recordingof data or the taking of samples undersubsection (1) shall beguilty of an offence udder this statute. 51. (1) The Provincial Authorityshall have thepowertoissuedirectives to any person engaged in or about to engage in any development project or scheme which is causingor is likely to cause, damage or detriment to the environment. regardingthe mesures to be taken in order to prevent or abate such damageor 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), theM,agistrate may on application made by the Provincial Authority,order the temporarysuspension of such projector scheme until such person takes the measuresspecified in such directive. 52. (1) Subject to the provisions of Appendix Il to LiSt I of Schedule Nine of th~ Constitution, the Minister, may by order publisbedin the Gazette.declareanyareatobeanenvironmentalpotee:tedarea (bereinaftec referred to as a "potecredarea"), (2) Anorder undersubsection(1) declaring an~as a protected area, shall define dUll area by setting out the metes and bounds of such area. 53. (1) Wbereany area has been declared to bea protected area. under Section52(1), theMinistermay, byorderpublisbed jn theGazeue. declare th~t l'nv nll'nninCt 'l;('hPmpnrnrni~t in l' nmt..rtM l'f'Pg .m"..rth.. nmvic:in''': Nonb Western Province Environmental Statute No. 12 of1990 23 (2) So long as an order under subsection (1) is in force. the Provincial Authority shall be responsible for physical planning of such area in accordance with the provisions of this statute. (3) Notwithstanding the provisions ofsubsection (1) the Minister may. at the request of the Provincial Authority. declare from time to time. by order published in theGazette. thatwith effect from such date as shall be specified in such order. the Provincial Authority shall cease to be the Authority responsible for the planning in such protected area. (4) So long as an orderSection 52 being in force in relation to a protected area no person other than the Provincial Authority shall exercise. perform and discharge any powers. duties and functions relating to planning and development within such protected area 54. The Provincial Authority may appoint- Analysts &c. (a) analysts for making analysis of samples taken for the purpose of that statute; and (b) pollution control officers for inspection and evaluating the records ofmonitoring prescribedequipmentand installations for detecting thepresence, quantity and nature ofwaste and theireffects on the receiving portions of the environment. 55. (1) Subject to subsection (5) the Provincial Authority may by order, delegate any of its powers. duties and functions under this statute to any Government department, corporation. statutory board. local authority or any public officer. (2) Where the Provincial Authority has delegated any power under subsection (1) to any Government department, corporation, statutory board local authority or any public officer. any officerofsuch Government department, corporation. statutory board or local authority as the case may be, or such public officer. may exercise any of the powers which the Secretaryof the Provincial Authority would be able to exercisehas he seen exercising the powers himself. (3) Nothing in this section shall preclude theProvincial Authority from any responsibility to protect the environment and from administering the provisions of this statute. (4) An ordermade under subsection (1) may berevoked or varied at any time by the Provincial Authority. (5) An order under subsection (1) shall not be made by the Provincial Authority (a) in respectofany local authority except with the concurrence of the Minister; and (b) in respect of any Provincial Council department, institution or officer except with the concurrence of the Provincial Minister in .. ~ ..... - ... ...... -...: ........ ""... ,..,"".,,,,,,-, 24 North Western Province Environmental Statute No. 12 of 1990 Members Officers and servants of the Authority deemed to be public servants. The Authority deemed to be a scheduled institution within the meaning of the Bribery Act. This Statute to prevail over other written law. Protection for action taken under this Statute or on the direction of the Provincial Authority. "Penalty for offences for which no punishment is expressly provided for. 56. All members, officers and servants of the Provincial Authority shall be deemed to be public servants within the meaning ofand for the puposes of the Penal Code. 57. The Provincial Authority shall be deemed to be a scheduled institution within the meaning ofthe Bribery Act and the provisions oflbat Act shall be construed accordingly. 58. The provisions of this Statute shall have effect notwithstanding anything to the contrary in the provisions of any other written law, and accordingly in the event of any conflict or inconsistency between the provisions of this Statute and the provisions of such other written law, the provisions of this Statute shall prevail over the provisions of sucb other written law. 59. (1) No suit or prosecution sbalilie (a) against the Provincial Authority, for any act which in good faith is done or purported to be done by the Provincial Authority under this Statute. (b) against the membersof the Provincial Authority, Advisory Council or Provincial Environmental Agency or any officer or servant of the Provincial Authority for any act whichin good faith is done or purported to be done under this Statute or on the direction of the Provincial Authority. (2) Any expense incurred by the Provincial Authority in any suit or prosecution brought by or against the Provincial Authority before any court shall be paid out ofthe Fundofthe Provincial Authorityand any costs paid to, or recovered by, the Provincial Authority in any such suit or prosecution shall be credited to the Fund of the Provincial Authority. (3) Any expense incurred by any such person as is referred to or in paragraph (b) of subsection (1) in any suit or prosecution brought against him before any court in respect of any act which is done or is purported to be done by him under this Statute or on the direction of the Provincial Authority shall, if the court holds lbat such act was done in good faith, be paid outof the Fund of the Provincial Authority, unless such expense is recovered by him in such suit or prosecution. 60. Everyperson whoconttavenesor fails to complywithany provisions ofthis Statuteofany regulationsmade thereunderfar whichnopunishment is expressly provided for shall be guilty of an offence and on conviction beforea Magistratesball be liable to imprisonmentofeitberdesaiption for a term not exceeding two years or to a fme not exceeding ten thousand rupees or to both such imprisonment and fine. North Western Province Environmental Statute No. 12 of1990 25 61. (1) The Minister may make regulation in respect of all matters Regulations. which are stated or are requiredby this Statute to beprescribed or for which regulations are required by this Statute to be made. (2) In particular and without prejudice to the generality of the powers conferred by subsection (1) the Minister may make regulations in respect of all or any of the following matters (a) levy of fees for (i) examining plans, specifications and information relating to installations or proposed installations; (ii) the issue of licences under this Statute; and (iii) carrying out necessary monitoring duties ; (b) specification of standards or criteria for the implementation ofany national environmental policy or classification for the protection of the environment and for protecting 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 Statute; (d) prohibition of the discharge, emission, or deposit into the environment of any matter, whether liquid, solid, or gaseous, or of radio activity and prohibition or regulating the use of any specified fuel ; (e) specificationof ambientairquality standardand emission standards and specifying the maximum permissible concentrations of any matter that may be present in or discharge into the atmosphere ; (f) prohibition of the use of any equipment, facility vehicle or boat capable of causing pollution or regulating the construction, installation or operation thereof so as to prevent or minimise pollution; (g) requirement of issuing pollution warnings or alerts ; (h) prohibition or regulation of the open burning of refuse or other combustible matter; (i) regulation of the establishment of sites for the disposal of solid or liquid waste on or in land ; (j) determination ofobjectionable noiseand specificationofstandards for tolerable noise; (k) prohibition oforregulation o!bathing, swimming, boatingorother activity in or around any waters that may bedetermintal to health or welfare or having adverse cultural effects or for preventing 26 North Western Province Environmental Statute No. 12 of 1990 Interpretation (l) requirement that lhe oil refineries and installations operating in North Western Province store such substance or material and equipment necessary to deal wilh any oil pollution of lhe inland waters of North Western Province lhat may arise in the course of lheir business ; (m) requirement thatlhe oil refineries carrying on business inslall such equipment as may be prescribed for the purpose of reducing or preventing any trade affluent from containing oil ; (n) prescribing theprocedure relating to appeals against the decision of the Authority ; (0) relating to visual amenities in urban and rural areas ; (p) storage and transportation of harmonious materials; (q) disposal of wastes and hazardous materials whether to the atmosphere, waters or soil; and (r) requirement of specific environmenlal monitoring duties by the developer or a specified lhird party delegated for this purpose. (3) Every regulation made by the Provincial Minister shall be published in the Gazelle and shall come into operation on lhe date on such publication or upon such later date as may be specified in the regulation. (4) Every regulation made by the Provincial Minister shall. as soon as convenientafter its publication in the Gazette. be broughtbefore Provincial Council 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 previously done thereunder. Notification of the dale on which any regulation isdeemed to be rescinded shall be published in the Gazette. 62. In this Statute unless thecontext otherwise requires "air pollution" means an undesirable change in the physical. chemical and biological characteristics of air which will adversely affect plants, animals. human beings and inanimate objects ; "beneficial use" means a use of lhe environment or any portion of the environment thal is conducive to public benefit. welfare, safely. or health and which requires protection from the effects of waste. discharge, emissions and deposits ; "environment" means the physical factors of the surroundings of human beings including the land. soil, water, atmosphere, climate, sound, odours, tastes and the biological factors of animals and plants of every description ; "environmenlal impact assessment report" means a written analysis of lhe predicted environmenlal project and containing an environmenlal cost-benefit analysis if such an analysis has been prepared, and including a description oflhe project. and includes a description of the avoidable and unavoidable adverse environmenlal effect of the proposed prescribed North Western Province Environmental StatuteNo. 12 of 1990 27 project; a description of alternative to the activity which might be less harmful to tbe environmenttogether with thereasons why such alternatives were rejected. and a description of any irreversible or irreversible commitments of resources required by the proposed prescribed project; "exclusive economic zone" means the zone declared to be the exclusi ve economic zone. by proclamation made under section 5 of the Maritime Zones Law, No. 22 of 1976; "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 preparation 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 Provincial Minister; "Land" includes messages, buildings and any easements relating thereto and any slate land made available by the Government. "local authority" means any Municipal Council, Urban Council, or Development Council, and includes any Authority created and established 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 discharged, by any such Council; "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; "pollution" means any substance whether liquid. solid or gaseous which directly or indirectly (a) alters the quality of any segment or element of the receiving environment so as to effect any beneficial use adversely; or (b) is hazardous or potentially hazardous to health; and "pollution" means any direct or indirect alternation of the physical. thermal. chemical, biological, or radioactive properties of any part of the environment by the discharge. emission, or the deposit of wastes so as to effect any beneficial use adversely or to cause a condition which is hazardous or potentially hazardous to public health, safety, or welfare, or to animals, birds, wildlife, aquatic life, or to plants of every desception. "prescribed" means prescribed by regulations; "territorial waters" includes the territorial seaand the historic waters of North Western Province; and "toxic chemical" means a substance characterised by definitenikecular composition which hasharmful effect on living material or which can create hazardous changes in the environment; "waste" includes any matter prescribed to be waste and any matter, whether liquid, solid, gaseous, or radio-active, which is discharged, :.- .... :- ............- •.: ..." .....-"......n (",,~h vnll1mp constirnencv or