As enacted

Contents

26. Insertion of sections 23GG, 23HH and 23JJ in the principal enactment

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

The following new sections are inserted immediately after section 23FF of the principal enactment and shall have effect as sections 23GG, 23HH and 23JJ of the principal enactment:-

23GG. Any person who-

(a)

carries out a prescribed project without obtaining approval under section 23BB;

“Offences under this Part

(b)

furnishes information which is likely to mislead or provide false or inaccurate information relevant to the

Environmental

Impact

Assessment report or

Initial

Environmental

Examination report, as the case may be, of a prescribed project;

(c)

having obtained approval for a prescribed project, subsequently makes any alteration to such prescribed project without prior written approval from the appropriate project approving agency as specified under section 23EE;

(d)

after having furnished an Environmental

Impact Assessment report or Initial

Environmental Examination report, as the case may be, engages in a prescribed project prior to receiving such approval;

(e)

having once obtained approval for a prescribed project which approval was subsequently cancelled, continues to engage in the said project;

(f)

abandons a prescribed project-

(i)

without complying with the requirements imposed by the project approving agency; or

(ii)

fails to intimate the project approving agency of such abandonment, and where necessary the Authority as specified under section 23EE;

(g)

contravenes any term or condition subject to which approval has been granted for any prescribed project, by any project approving agency, shall be guilty of an offence and shall on conviction after summary trial before a

Magistrate having jurisdiction be liable to a fine not more than ten million rupees or to imprisonment for a term not exceeding three years or to both such fine and imprisonment.

23HH.

Environmental Management and Monitoring Plan to be submitted for a project for which an Environmental Impact Assessment is required

(1)

Any person who carries on a prescribed project which has been subjected to an Environmental Impact Assessment and, as the case may be, to an Initial Environmental

Examination shall within one month of the project approving agency granting approval for the project, submit to the project approving agency an Environmental Management and

Monitoring Plan under this Part to ensure that management actions arising from the

Environmental Impact Assessment process are clearly defined and implemented.

(2)

It shall be the duty of any person who carries on a prescribed project, to report periodically to the project approving agency the progress of the activities provided in the

Environmental Management and Monitoring

Plan submitted under subsection (1). The project approving agency shall inspect the progress of the said Plan from time to time and be satisfied of its proper implementation.

(3)

Any person who contravenes any of the provisions of this section shall be guilty of an offence and on conviction after a summary trial before a Magistrate having jurisdiction be liable to a fine not exceeding ten million rupees or to imprisonment for a term not exceeding three years or to both such fine and imprisonment.

(4)

For the purpose of this section

“Environmental Management and Monitoring

Plan” means a comprehensive plan which requires recommended mitigation measures into specific actions that will be carried out by the person who carries on a prescribed project.

23JJ. (1) Any person who carries on a prescribed project which has undergone an initial environmental examination shall submit periodic reports to the relevant project approving agency. Such person shall ensure compliance with the conditions of approval granted under section 23BB.

(2)

Any person who contravenes the provisions of this section shall be guilty of an offence and on conviction after a summary trial before a Magistrate having jurisdiction be liable to a fine not exceeding ten million rupees or to imprisonment for a term not exceeding three years of either description or to both such fine and imprisonment.”.

Read on from s 27