AN INTRODUCTION TO
NATIONAL
ENVIRONMENTAL ACT
SRI LANKA
By: Lasantha Withanage (LL.B (Hons.) University of Colombo)
Attorney-at-Law
Legal Officer - Environmental Foundation (Guarantee) Limited
Interpretation of Environment
“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 ;
NATIONAL ENVIRONMENTAL ACT 47 of 1980 (NEA)
(Amended by Act No 56 of 1988 ,Act No.53 of 2000 and by
Increase of Fines Act No.12 of 2005)
AN ACT to establish a Central Environmental Authority to make provision
with respect to the powers, functions and duties of that Authority;
and to make provision, regulation for
- the protection, management and enhancement of the Environment,
- the maintenance and control of the quality of the Environment;
- the prevention, abatement and control of pollution and for matters connected
therewith
REGULATIONS UNDER NEA
There are more than 20 regulations published by gazettes under
NEA and can be divided as follows;
-
-
Regulations for Environmental Protection License
Regulations for Environmental Impact Assessment
Regulations for Air and Noise Quality
Regulations forWaste Management
Regulations for Use of Polythene
CENTRAL ENVIRONMENTAL AUTHORITY
PART I, II, III (NEA)- ESTABLISHMENT ,POWERS, FUNCTIONS, DUTIES AND
STAFF OF CEA
The Central Environmental Authority (CEA) was established on 12 August 1981, under the
provision of the National Environmental Act and main objectives are Protect, manage and
enhance the environment, Regulate, maintain and control the quality of the
environment and Prevent, abate and control pollution
The CEA was given wider regulatory powers under the National Environment (Amendment)
Acts No:56 of 1988 and No:53 of 2000.
The Ministry of Environment which was established in December 2001 has the overall
responsibility in the affairs of the CEA with the objective of integrating environmental
considerations into the development process of the country.
SERVICES OF CENTRAL ENVIRONMENTAL
AUTHORITY

Environmental Protection Licensing

Initiate Environmental Impact Assessments /Initial Environmental
Examinations

Environmental Recommendations

Information Services

Laboratory Services

Scheduled Waste Management Licensing

Public Complaint Related to Environment

Provisions of GIS/RS Services
ENVIRONMENTAL MANAGEMENT
PART IV OF NEA

Land use management and Land use scheme

Management policy for Fisheries and Aquatic Resources ad
Measures for rational exploitation of Fisheries and other aquatic
life

Management policies for Wildlife, Forestry

Management policy on Soil Conservation
ENVIRONMENTAL PROTECTION
PART IVA OF NEA
Sec- 23 (A) – Minister may determine the “prescribed activities” by
Order published in the Gazette which require an Environmental
Protection License (EPL) before commence or to continue to activities
which involve discharging, depositing or emitting waste into the
environment.
Industries and activities which required an EPL are listed in Gazette No
1533/16 dated 25.01.2008. Industries are classified under 3 lists ("A","B" and
"C“) depending on their pollution potential.
Part "A" comprises of 80 significantly high polluting industrial activities and Part "B"
comprises of 33 numbers of medium level polluting activities. EPL for industries in lists
"A" and “B” have to be obtained from the relevant Provincial Offices or District
Offices of the CEA.
Part "C" comprises of 25 low polluting industrial activities. EPL for the industries in List
"C" has to be obtained from the respective Local Authorities. The Local Authorities
carry out issuing of EPLs and related functions such as follow up, monitoring and law
enforcement.
National Environmental (Protection and Quality) Regulations, No. 1 of 2008
were published in the Gazette No. 1534/18 dated 01/02/2008.
The Regulations pertaining to the procedure for the issuing of an
Environmental Protection License.
ENVIRONMENTAL ASSESSMENT AND
APPROVAL OF PROJECTS
PART IV C OF NEA
Environment assessment is a tool to examine the impact a project or activity
prior to commence and it enables impact to be identified and mitigatory
measures to be incorporated into the planning process.
Sec 23 Y & Z- Minister may by Order published in the Gazette specify the state
agencies (Project Approval Agencies) which shall be the project approving
agencies and determine the projects and undertakings (Prescribed Activities) in
respect of which approval would be necessary.
National Environmental (Procedure for Approval of Projects) Regulation No. 01
of 1993 published under Gazette No.772/22 dated 24.06.1993 and amended by
Gazette Nos. 859/14 dated 23.02.1995, 1104/22 dated 05.11.1999,1108/1 dated
29.11.1999 and 1373/6 dated 29.12.2014
What is Environmental assessment
“environmental impact assessment report” means a written
analysis of the predicted environmental project and
containing an environmental 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 alternative to the activity
which might be less harmful to the environment together with
the reasons why such alternatives were rejected, and a
description of any irreversible or irretrievable commitments of
resources required by the proposed prescribed project ;
PROJECT APPROVAL AGENCIES
1.The respective Ministries to which the following subjects are assigned:National Planning, Irrigation, Energy, Agriculture, Lands, Forests, Industries, Housing,
Construction, Transport, Highways, Fisheries & Aquatic Resources, Plantation Industries
2. The Department of Coast Conservation.
3. The Department of Wildlife Conservation.
4. The Department of Forest
5. The Central Environmental Authority.
6. The Urban Development Authority
7. The Geological Survey and Mines Bureau
8. The Ceylon Tourist Board
9. The Mahaweli Authority of Sri Lanka
10. The Board of Investment of Sri Lanka
“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, designs and other
information
PUBLIC PARTICIPATION IN THE EIA PROCESS
Public participation is an important aspect of the EIA process in Sri Lanka. The provision for public participation is
contained in the National Environmental Act (NEA).
Once an EIA report is submitted the National Environmental Act provides for public inspection and comment on
the EIA report during a mandatory period of 30 days. EIA reports are available for perusal by the public in
Sinhala, Tamil and English. These reports are usually kept for public inspection in the CEA Headquarter Library,
the relevant Divisional Secretariat Office and PradeshiyaSabha.
Any member of the public may send their comments to the Central Environmental Authority or the respective
Project Approving Agency, within 30 working days. The Project Approving Agency (PAA) publishes notices in the
National Newspapers inviting the public to inspect and comment.
The IEE reports are not required to open for public comments for a mandatory period of 30 days. However, an
IEE report shall be deemed to be a public document and shall open for inspection by the public.
In addition to that the project proponents are always advised to have informal dialogues / consultation with the
local people during the EIA study.
ENVIRONMENTAL QUALITY
PART IV B OF NEA
AIR QUALITY
-National Environment (Air Emission, Fuel & Vehicle Importation Standards)
Regulations published in Gazette No.1295/11 dated 30.06.2003 and amended
by gazette No. 1557/14 dated 09.07.2008 and 1887/20 dated 05.11.2014 Vehicle Exhaust Émission Standards
-Prohibition of Ozone depleting substances Regulations Published in Gazette
No.1309/20 dated 10.10.2003
Permissible Ambient Air Quality Standards In Relation To Class of Air
Pollutants, Published In Gazette No.1562/22 dated 15.08.2008
NOISE
National Environmental (Noise Control) Regulations No.1 1996 published in Gazette
No.924/12 dated 23.05.1996 and amended by Gazette No.973/7 dated 30.04.1997 –
Maximum Permissible noise levels for each type of area listed
National Environmental (Vehicle Horns) Regulations published in Gazette No.1738/37
dated 29,12,2011
WASTE
License For Discharge, Emission Or Disposal Of Waste/Scheduled Waste Management
published under National Environmental (Protection and Quality) Regulations, No. 1 of
2008 (EPL)
Municipal Solid Waste Regulations published under Gazette No,1627/19 dated
10.11.2009
POLYTHENE
Prohibition of Polythene or Any Polythene Product of 20 Micron or Below In Thickness Regulations
published under Gazzete No.2034/33 dated 01.09.2017
Prohibition of Manufacture of Food Wrappers (Lunch Sheets) Regulations published under Gazzete
No.2034/34 dated 01.09.2017
Prohibition of Manufacture of any bag of high density polyethylene (sili-sili baj) Regulations
published under Gazzete No.2034/35 dated 01.09.2017
National Environmental (Prohibition of open burning of refuse and
other combustible matters inclusive of plastics) Regulations No. 1 of 2017 published under Gazette
No.2034/36 dated 01.09.2017
Order prohibit the use of all forms of polyethylene or polyethylene products or
polypropylene products as decoration in any other event or occasion published under Gazette
No.2034/37 dated 01.09.2017
Prohibition of Manufacture and sale of food containers, plates, cups and spoons from expanded
polystyrene published under Gazette No.2034/38 dated 01.09.2017
GENERAL
PART IV B OF NEA
Sec.24 C- Minister may by Order published in the Gazette declare any
area to be an “ Environmental Protection Area”
Sec. 31- Any offence under this act, which no punishment is expressly
provided for shall be guilty of an offence and on conviction before a
Magistrate shall be liable to imprisonment of either description for a term
not exceeding 2 years or to be fine not exceeding fifteen thousand rupees
or to both such imprisonment and fine.
RESOURSES

Manishka de Mel and co-authors. Judges & Environmental Law, A Handbook for the Sri
Lankan Judiciary,Environmental Foundation Limited, 2009

http://www.cea.lk/web/en. 14 March 2019

National Environmental Act No 47 of 1980 together with amendment acts Act No 56 of
1988 ,Act No.53 of 2000

Increase of Fines Act No.12 of 2005

All Gazettes Extraordinary published under National Environmental Act
LET’S SAVE OUR PLANET
THANK YOU