Fauna and Flora Protection (Amendment) Act 2009 · As enacted
14. Replacement of section 9A of the principal enactment
Official English translation. The Sinhala text prevails.
Official translationFrom Department of Government Printing, unchanged
Section 9A of the principal enactment is hereby repealed and the following section is substituted therefor:—
9A. (1) Subject to the provisions of section 3A, no person or organization, whether private or State shall within a distance of one mile of the boundary of any National Reserve declared by Order made under section 2, carry out any development activity of any description whatsoever without obtaining the prior written approval of the Director-General.
Upon receipt of an application for a permit to carry out a development activity or trade or business within the area specified in subsection (1), the Director-General may require the applicant to furnish an
Initial Environmental Examination Report or an Environmental Impact Assessment Report, as the case may be, relating to such development activity or trade or business. It
“Restriction on development activity within one mile of a
National
Reserve.
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shall be the duty of the applicant to comply with such requirement. Every Initial
Environmental Examination Report or an
Environmental Impact Assessment Report shall contain such particulars as may be prescribed.
The Director-General shall, on receipt of an Environmental Impact Assessment Report or an Initial Environmental Examination
Report, as the case may be, furnished to him by an applicant in compliance with any requirement imposed on such applicant under subsection (2)—
submit a copy of such assessment or examination, as the case may be, to the
Committee appointed by the Director-General in that behalf, for its comments, if any ; and
by notice published in the Gazette, notify the place and time at which such assessment or examination, as the case may be, will be available for inspection by the public and invite the public to make comments, if any, thereon.
The Committee shall within sixty days of an Environmental Impact Assessment or an
Initial Environmental Examination, as the case may be, being submitted to it under subsection (3), make its comments, if any, thereon, to the
Director-General.
Any member of the public may within thirty days from the date on which a notice under subsection (3) relating to such assessment or examination, as the case may be, is published in the Gazette make his comments, if any, thereon, to the Director-General.
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In deciding whether to issue a permit under subsection (2) authorizing a person to carry out a development activity or trade or business within the area specified in subsection (1), the Director-General shall have regard to any comments made under subsections (4) and (5) on the environment impact assessment or examination, as the case may be, if any, relating to such activity, trade or business.
the Director-General shall, within sixty days of the receipt by him of any comments made under subsections (4) and (5), make the decision referred to in subsection (6).”.