Act of Parliament · As enacted
National Environmental (Amendment) Act 2026
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
s 1Short title
This Act may be cited as the National Environmental
(Amendment) Act, No. 15 of 2026.
s 2Amendment of section 2 of the Act, No. 47 of 1980
Section 2 of the National Environmental Act, No. 47 of 1980 (hereinafter referred to as the “principal enactment”)
is hereby amended by the repeal of subsection (1) and substitution therefor of the following subsection:-
“(1) There shall be established an authority called the
Central Environmental Authority.”.
s 3Amendment of section 3 of principal enactment
Section 3 of the principal enactment is hereby amended by the repeal of subsection (1) and substitution therefor of the following subsection:-
“(1) The Authority shall consist of five members as follows:-
one ex-officio member who shall be an Additional
Secretary of the Ministry of the Minister assigned the subject of environment; and
following four members appointed by the
President in consultation with the Minister:-
three of whom shall have at least ten years of expertise and qualifications in the field of environmental management; and
one of whom shall have qualifications in administration and experience in the field of environmental management.”.
s 4Amendment of section 7 of the principal enactment
Section 7 of the principal enactment is hereby amended in subsection (1) thereof as follows:-
in all paragraphs commencing from paragraph (a) to paragraph (s) thereof, by the substitution for the words
“a senior officer”, of the words “an officer not below the rank of a Senior Assistant Secretary ”;
in paragraph (t) of that subsection, by the substitution for the words “a senior officer” of the words “a
Director”;
in paragraph (v) of that subsection, by the substitution for the words “field of environment; and” of the words
“field of environment;”
in paragraph (w) of that subsection, by the substitution for the words “management.” of the words
“management;”
by the addition immediately after paragraph (w) of that subsection, of the following new paragraphs:-
“(x) an officer not below the rank of an Additional
Secretary of the Ministry;
the General Manager of the Marine
Environment Protection Authority appointed under section 16 of the Marine Pollution
Prevention Act, No. 35 of 2008 or an officer not below the rank of a Manager nominated by him;
the Conservator General of Forests appointed under section 58 of the Forest Conservation
Ordinance (Chapter 451) or an officer not below the rank of a Conservator nominated by him;
the Director-General of the Department of
Wildlife
Conservation, appointed under section 68 the Fauna and Flora Protection
Ordinance (Chapter 469) or an officer not below the rank of a Director nominated by him; and
the Director-General of the Department of
Coast Conservation and Coastal Resources
Management appointed under section 3 of the
Coast Conservation and Coastal Resources
Management Act, No. 57 of 1981 or an officer not below the rank of a Director nominated by him.”.
s 5Amendment of section 8 of the principal enactment
Section 8 of the principal enactment is hereby amended in subsection (14) of that section as follows:-
in paragraph (a) of that subsection, by the substitution for the word “two” of the word “three”; and
in paragraph (b) of that subsection, by the substitution for the word “seven” of the word “nine”.
s 6Amendment of section 10 of the principal enactment
Section 10 of the principal enactment is hereby amended as follows:-
by the insertion immediately after paragraph (h) of that section, of the following new paragraph:-
“(ha) to require the carrying out of Strategic
Environmental Assessments, in respect of new policies, plans or programmes or changes made to existing policies, plans or programmes in the manner as may be prescribed;”;
in paragraph (i) of that section-
by the substitution for the word “recommendation”
wherever such word appears in such paragraph of the words “direction”;
by the insertion immediately after subparagraph (vii) of that paragraph of the following new subparagraph: -
“(viii) the proper management of solid waste including measures for waste minimization, waste segregation, waste conversion or treatment, processing and the final disposal in terms of the most beneficial manner of its use;”
by the insertion immediately after the new subparagraph (viii) of that paragraph of the following new paragraph:-
“(ia) to institute proceedings in the Magistrate’s court against any local authority which fails to comply with or contravenes the provisions of this Act or any direction given to it by the Authority in terms of this
Act;”;
in paragraph (r), by the substitution for the words
“utilizing residue.” of the words “utilizing residue;”;
by the insertion immediately after paragraph (r) of that section, of the following new paragraphs: -
“(s) to implement a mechanism for Extended Producer
Responsibility in respect of prescribed goods or products either independently or in conjunction with any other person;
to monitor any prescribed activity for which a licence has been granted under the provisions of any Act other than this Act, subject to the concurrence of the Authority, and to institute proceedings in the Magistrate’s court, against any person engaged in such prescribed activity in a manner that contravenes any provision of this Act in the course of such activity; and
to do, perform or discharge any duty, function or power vested in the Authority by or under any other written law .”.
s 7Amendment of section 12 of the principal enactment
Section 12 of the principal enactment is hereby amended by the addition immediately after subsection (2) of that section of the following new subsections:-
“(3) Where the respective local authority fails to comply with or contravenes the provisions of the Act or any direction given to it under subsection (1), the
Chairman or the Director-General of the Authority may make an application to the Magistrate having jurisdiction. Every such application shall be supported by an affidavit of the Chairman or the Director-General together with a ‘Directive for Enforcement’ by which instructions are given to such local authority to comply with the directions of the Authority given to it.
Where the Magistrate is satisfied upon an inquiry that the alleged failure on the part of the local authority did in fact take place, the Magistrate shall issue an order directing the respective local authority to comply with the Directive for Enforcement. The order shall specify the period of time as is necessary for such compliance.
Every Directive for Enforcement shall be admissible in evidence and shall be prima facie proof of the facts stated therein.
Where the respective local authority fails or neglects to comply with such order, such authority shall be guilty of an offence under section 23RR”.
s 8Amendment of section 23A of the principal enactment
Section 23A of the principal enactment is hereby amended as follows:-
by the repeal of subsections (1) and (2) of that section, and the substitution therefor of the following subsections:-
“(1) The Minister shall determine by Order published in the Gazette the activities for which a licence is required (hereinafter referred to as the
“prescribed activities”), which -
involve or result in the discharge, deposit or emission of waste into the environment and where such discharge, deposit or emission causes pollution; or
do not involve or result in the discharge, deposit or emission of waste into the environment, but the carrying out of such activity is by itself harmful to the beneficial use of the environment.
A person shall not carry on any prescribed activity except-
under the authority of a licence issued by the
Director-General or any officer authorized by the Director-General, subject to environmental recommendations in terms of subsection 2A;
and
in accordance with such terms, conditions and standards as may be prescribed.
An applicant who intends to carry out any prescribed activity shall initially make an application to the Director-General to obtain environmental recommendation. The Director-General shall forward such application to an officer designated for such purpose who shall inspect the site and prepare a report in the manner prescribed. The Director-General or the officer authorized by him shall, having considered the report, and for reasons recorded in writing, approve or reject the environmental recommendation.
An applicant shall not commence any construction on the site unless the environmental recommendation has been obtained.
Every environmental recommendation shall be valid for not more than a period of twelve months from the date of obtaining such recommendation. Any environmental recommendation may be renewed for a further period of twelve months by way of application made to the Director-General in that behalf.”;
in subsection (3) of that section -
by the substitution for the words and figures
“contravention of subsection (2) of this section, shall be guilty of an offence and on conviction be” of the words and figures “contravention of subsections (2) or (2B) of this section, shall be guilty of an offence and on conviction before the
Magistrate having jurisdiction be”; and
in paragraph (a) thereof by the substitution for the words “not less than ten thousand rupees” of the words “not less than fifty thousand rupees and not more than twenty million rupees”.
s 9Amendment of section 23B of the principal enactment
Section 23B of the principal enactment is hereby amended as follows: -
in paragraph (b) of subsection (2) of that section, by the substitution for the words “as may be prescribed;”
of the words “as may be prescribed from time to time”;
by the addition immediately after subsection (2) of that section, of the following new subsections: -
“(3) When issuing a licence for a prescribed activity, the Director-General shall specify the corrective measures required to be taken , to minimize any damage likely to be caused to the environment and to provide sufficient safeguards to protect the environment.
The
Director-General or any officer authorized by the
Director-General having considered the provisions contained in this section and on being satisfied that the applicant has the capacity to take such corrective measures and safeguards as may be required, shall issue a licence to the applicant as specified in subsection (1).
Where the Director-General or any officer authorized by the Director-General has reason to believe that an applicant for a licence or for a renewal of a licence does not have the capacity to comply with the provisions of this Part or take such measures or safeguards as may be required, the applicant shall be informed in writing that, for reasons given, his application is rejected.”.
s 10Repeal of section 23C of the principal enactment
Section 23C of the principal enactment is hereby repealed.
s 11Replacement of section 23D of the principal enactment
Section 23D of the principal enactment is hereby repealed and the following substituted therefor:-
23D. Where a licence has been issued to any person under this Part and such person acts in violation of the provisions of this Act, or any regulation made thereunder or any of the terms, standards and conditions of the licence, or where since the issue of the licence, the receiving environment 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 a licence will or could affect any beneficial use adversely, or where the licensee fails to prevent any industrial accident
“Suspension or cancellation of a licence which results in causing or is likely to cause an adverse effect on the environment, the
Director-General or any officer authorized by the Director-General may by Order suspend the licence for any period specified in such
Order, or cancel such licence.”.
s 12Insertion of new section 23DA in the principal enactment
The following new section is inserted immediately after section 23D of the principal enactment and shall have effect as section 23da of that enactment :-
23DA. Where any person continues to carry on an activity during the pendency of the suspension or cancellation of a licence under section 23D, the provisions of subsections (3)
and (4) of section 23A shall mutatis mutandis apply in relation to such person.”.
s 13Amendment of section 23E of the principal enactment
Section 23E of the principal enactment is hereby amended in subsection (2) thereof, by the addition at the beginning of that subsection of the words and figures “The appeal specified in subsection (1) shall be concluded within thirty days from the receipt of such appeal.” .
s 14Insertion of new Parts IVaa, IVab and IVac in the principal enactment
The following new Parts are inserted immediately after section 23E of the principal enactment and shall have effect as Part IVaa (Sections 23f, 23fa, 23fb, 23fc, 23fd),
Part IVab (Section 23fe) and Part IVac (Sections 23ff, 23fg and 23fh) thereof :-
“Application of section 23A to a suspended or cancelled licence
“PART IVaa
HAZARDOUS WASTE MANAGEMENT
23F.
Minister to determine the granting of a licence for hazardous waste management
The Minister may by Order published in the Gazette specify the lists of hazardous waste by categories (hereinafter referred to as
‘prescribed hazardous waste’). The Minister may prescribe the procedures and criteria necessary for the proper management of such prescribed hazardous waste.
No person carrying on a facility, industry or commercial activity shall generate, handle or manage such prescribed hazardous waste,-
except under the authority of a licence issued under the hand of the Director-General; and
in accordance with such terms, conditions, standards or other criteria as may be prescribed.
Subject to subsection (4), any person who acts in contravention with the provisions of subsection (2), shall be guilty of an offence and on conviction after a summary trial before a Magistrate, be –
liable to a fine not more than twenty million rupees and in case of a continuing offence to a fine of not more than one hundred and fifty thousand rupees for each day on which the offence continues after conviction and to imprisonment of either description for a term not exceeding two years or to both such fine and imprisonment;
required to obtain within such period of time, as may be determined by Court, a licence under subsection (2).
Where a person is convicted of an offence under subsection (3), continues to carry on such activity without obtaining a licence within the time period determined by
Court, the Court shall, on an application for closure being made by the Director-General or any officer authorized in that behalf in writing, order the closure of such facility, industry or commercial activity until such person obtains a licence and a copy of the licence so obtained is produced before Court.
The licensee who carries on any facility, industry or commercial activity that generates, handles or manages any prescribed hazardous waste, shall inform the Authority of the category of hazardous waste and the quantity or volume of such waste, during such time durations and such frequencies as may be determined by the Authority.
Every person who contravenes the provisions of subsection (5) shall be guilty of an offence and shall on conviction after a summary trial before a Magistrate be liable to a fine not less than one hundred thousand rupees or to imprisonment of either description for a term not exceeding two years or to both such fine and imprisonment.
23Fa.
Issue of a licence to engage in activities and manage prescribed hazardous waste
On receiving an application form as may be prescribed and on payment of the prescribed licence fee, the Director-General or any officer authorized by the Director-General being satisfied of the facts specified therein, may issue a licence.
The licence issued under subsection (1) may authorize the applicant to generate, collect, transport, store, reuse, recover, treat, recycle, process or dispose prescribed categories of hazardous waste, subject to such specifications as provided in subsection (4).
Where the Director-General or any officer authorized by the Director-General is not satisfied, he may reject an application referred to in subsection (1), giving reasons for such decision. The decision made under this section shall be final and conclusive.
Every licence issued under this
Part -
shall be in such form, as may be prescribed;
shall be subject to such terms, conditions, standards or critieria, from time to time, as may be prescribed;
shall 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
may be renewable upon re-evaluation in such form as may be prescribed.
23Fb.
Suspension or cancellation of a licence
Where a licence has been issued to any person under this Part and such person acts in violation of the provisions of this Act or any regulation made thereunder or of any terms, conditions, standards or criteria of the licence, or since the issue of the licence the receiving environment has been altered or changed due to natural factors or otherwise, or where the continued generation, handling or management of such prescribed hazardous waste will or could affect the beneficial use of the environment adversely, or where the licensee fails to prevent any industrial accident which results in causing or is likely to cause an adverse effect on the environment, the
Director-General or any officer authorized by the Director-General shall by Order either suspend such licence for any specified period or cancel such licence.
Where person continues to carry on an activity during the pendency of the suspension or cancellation of a licence as specified under subsection (1), the provisions of subsections (3) and (4) of section 23A shall mutatis mutandis apply in relation to such person. The Director-General shall forthwith to make an application to the Magistrate Court having jurisdiction.
23Fc.
Technical Expert Committee for the management of prescribed hazardous waste
There shall be appointed a
Technical Expert Committee (hereinafter in this part referred to as the “Committee”) for the management of prescribed hazardous waste. The Committee shall consist of such number of members as may be determined by the Authority. The Director-General of the Authority shall be the Chairman of the
Committee.
The function of the Committee shall be to advise the Authority on any matter referred to the Committee by the Authority pertaining to the management of prescribed hazardous waste.
23Fd.
Hazardous waste management system
The Minister may prescribe matters relevant to-
the import, export, transit and transshipment of hazardous and other waste;
the submission of reports by the importer or exporter related to hazardous and other waste.
No person shall import, export or have on transit or transshipment any prescribed hazardous waste or other waste without the written permission of the Director-General or any officer authorized by the Director-General.
Any person including an importer, exporter, a handler or a facilitator, who acts in contravention of the provisions of this section shall be guilty of an offence and on conviction after a summary trial before a Magistrate be liable to a fine -
not less than one million rupees for a shipment which shall not exceed one ton; or
not less than two million rupees for a shipment which shall exceed one ton and for each additional increase of a ton, up to and not exceeding five tons; or
of three million rupees for each additional ton, where the shipment exceeds five tons, shall accordingly be charged on a pro rata basis, together with any other charges as may be applicable.
Where any person is convicted of an offence under subsection (3), the Director-General or an officer authorized in writing, shall make an application to the Magistrate for an order to return the waste to the country of origin and the relevant cost shall be borne by the person convicted.
For the purposes of this Part –
“facility” means any location used for or is incidental to the generation, collection, transportation, storage, process, treatment and disposal of the prescribed categories of waste;
“handle” means to collect, transport, store, reuse, recover, treat, recycle, process or dispose prescribed categories of hazardous waste; and
“other waste” means the waste specified in the
Basel
Convention on the Control of
Transboundary Movements of the Hazardous Waste and their Disposal 1989.
PART IVab
MANAGEMENT OF CHEMICALS
23Fe.
Management of chemicals and the establishment of a Technical Advisory Committee
The Minister may, by Order published in the Gazette, specify the list of names of chemicals, chemical substances, group of chemicals or chemical products
(hereinafter referred to as “chemicals”)
managed by the Authority. The Minister may vary such list from time to time as may be necessary, by an Order published in like manner.
The Minister may by Order published in the Gazette prescribe such activities relevant to prescribed chemicals for which a permit shall be obtained from the Director-General or any officer authorized in that behalf. Any person applying for a permit shall pay a prescribed fee. No Person shall carry out any such prescribed activity except under the authority of a permit.
The Minister may prescribe the standards, procedure and criteria in relation to the management of chemicals.
There shall be appointed a Technical
Advisory Committee for the management of chemicals (hereinafter in this Part referred to as “the Committee”). The Committee shall consist of such number of members as may be determined by the Authority. The
Director-General shall be the Chairman of the
Committee.
The function of the Committee shall be to provide advise on any matter referred to it by the Authority pertaining to the management of chemicals.
Any person who contravenes the provisions of this section or any regulation made thereunder, shall be guilty of an offence and shall on conviction after summary trial before a Magistrate be liable to a fine not less than five hundred thousand rupees or to imprisonment of either description for a term not exceeding two years or to both such fine and imprisonment.
PART IVac
CONTROL OF WASTEWATER
DISCHARGED TO THE
ENVIRONMENT
23ff.
Wastewater discharge fee
The Minister shall by Order published in the
Gazette specify the wastewater discharge fee in respect of the wastewater load discharged from factories and other sources. The Minister may prescribe a formula for computing the said fee considering the pollutants discharged and its effect on the environment.
The Director-General or any officer authorized by the Director-General shall charge the wastewater discharge fee in terms of subsection (1) of section 23fg.
23Fg.
Payment of the wastewater discharge fee and the surcharge
The Director-General or any officer authorized by the Director-General shall notify the due wastewater discharge fee to the owner or occupier of the factory or other source in terms of section 24. The owner or occupier shall settle payment of the said fee within thirty days from the date of receipt of such notice.
Where the owner or occupier to whom the notice under subsection (1) has been issued, fails to pay the same within the required period of time, the Director-General or any officer authorized by the Director-General may impose a surcharge, which shall be prescribed by regulation in addition to the wastewater discharge fee.
The Authority shall direct, the owner or occupier of the factory or other source to expeditiously reduce, control or divert the wastewater discharged to the environment, as the Authority may consider appropriate in the interest of the environment. The owner or occupier of the factory or other source shall comply with such direction which shall be in addition to the payment of wastewater discharge fee. The Authority shall ensure that such direction is carried out.
All fees payable under this Part shall be credited to the fund established under section 5 and shall be maintained for the implementation of any new project or the improvement of any existing project relating to wastewater discharge.
The Director-General shall forward a report annually to the Authority on measures taken to control, minimize or rectify the damage to the environment to ensure the environmental sustainability.
23FH.
Mode of recovery of fees due to the Authority
Where a person fails to pay the wastewater discharge fee within the required period of time the Director-General or any officer authorized by the Director-General may proceed to recover such sum by instituting legal action by way of summary procedure before the Magistrate having jurisdiction.
Every person who fails to pay the wastewater discharge fee or the surcharge or fails to comply with any direction issued under subsection (3) of section 23fg shall be guilty of an offence and shall on conviction after summary trial before a Magistrate be liable to a fine not less than one hundred thousand rupees and not more than one million rupees or to an imprisonment for a term not exceeding two years of either description or to both such fine and imprisonment.”.
s 15Amendment of section 23H of the principal enactment
Section 23h of the principal enactment is hereby amended as follows:-
in subsection (3) thereof –
by the substitution for the words “on conviction shall be-” of the words “on conviction before the
Magistrate having jurisdiction shall be-”;
by the repeal of paragraph (a) thereof and the substitution therefor of the following:-
“(a) liable to a fine not less than one hundred thousand rupees and not more than one million rupees and thereafter in the event of the offence being continued to be committed, to a fine of five thousand rupees for each day on which the offence is so continued to be committed after conviction.”;
in subsection (4) thereof by the substitution for the words “six weeks” of the words “four weeks”.
s 16Amendment of section 23k of the principal enactment
Section 23k of the principal enactment is hereby amended in subsection (3) thereof, as follows:-
by the substitution for the words “on conviction shall be-” of the words “on conviction before the Magistrate having jurisdiction shall be-”;
in paragraph (a) thereof, by the substitution for the words “not less than rupees ten thousand and not exceeding rupees one hundred thousand” of the words
“not less than one hundred thousand rupees and not more than one million rupees”, and by the substitution for the words “rupees five hundred” of the words “five thousand rupees”.
s 17Amendment of section 23n of the principal enactment
Section 23n of the principal enactment is hereby amended by the repeal of subsection (4) of that section and the substitution of the following subsections-
“(4) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence and shall on conviction after a summary trial before a Magistrate be-
liable to a fine not less than one hundred thousand rupees and not more than one million rupees and thereafter in the event of the commission of the offence being continued, to a fine of five thousand rupees for each day on which the offence is so continued after conviction;
required to take such corrective measures as may be ordered by Court, within such period of time as Specified in such order and to prevent further damage being caused by pollution to the environment and to restore the environment as ordered by Court; and
required to furnish at the end of such period, sufficient and acceptable proof of corrective measures taken.”.
s 18Amendment of section 23r of the principal enactment
Section 23R of the principal enactment is hereby amended in subsection (2) thereof, by the substitution for the words “shall 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 in which the offence continue after conviction.” of the words “shall on conviction before the Magistrate having jurisdiction be liable to a fine not less than one hundred thousand rupees and not more than one million rupees and thereafter in the event of the commission of the offence being continued, to a fine of five thousand rupees for each day on which the offence is so continued after conviction.”.