27. Insertion of new Parts IVD, IVE, IVF and IVG to the principal enactment

The following new Parts are inserted immediately after newly inserted section 23JJ to the principal enactment and shall have effect as Part IVD (Sections 23KK, 23LL),

Reports to be submitted for a project for which an initial environmental examination is required

Part IVE (Sections 23MM, 23NN, 23PP), Part IVF (Section 23QQ), and Part IVG (Sections 23RR, 23SS):-

“PART IVD

STRATEGIC ENVIRONMENTAL ASSESSMENT

23KK. (1) Notwithstanding the provisions of any other written law, any policy, plan or programme of a Government institution which is likely to have a significant environmental effect, when being formulated or amended shall be subjected to a strategic environmental assessment, before being adopted or made operative:

Provided that, the provisions of this section shall not apply to any policy, plan or programme prepared to overcome a national security concern or as a contingency plan in a national emergency situation.

The relevant Government institution which formulates or amends such policy, plan or programme shall submit the duly completed environmental significance checklist to the

Without prejudice to the provisions of subsection (1), where it appears to the

It shall be the duty of a Government institution to prepare a strategic environmental assessment report under subsection (1) or as required by a notice issued under subsection (3) together with the draft policy, plan or programme and to submit the same to the

The Authority shall on receipt of a strategic environmental assessment report submitted to it under subsection (4), by notice published in the newspaper each in

Any member of the public may, within thirty days of the date on which a notice under subsection (5) is published, make his comments, if any, thereon to the Authority. The

The Government institution which prepared the policy, plan or programme shall revise or modify the draft policy, plan, or programme taking into account the findings of the strategic environmental assessment and the findings, concerns and recommendations of any review prepared by the Authority and shall submit to the Authority the final policy, plan or program, together with the written statement of such revision or modification made to the draft in response to the Authority’s findings. The Government institution which prepared the policy, plan or programme shall give reasons in writing if the revisions or modifications made to the draft differ from the recommendations of the Authority.

The final policy, plan or programme, including the findings, concerns and recommendations of a review by the Authority referred to in subsection (6) and the documents referred to in subsection (7), as the case may be, shall be published on the website of the

The Authority, having examined the documents referred to in subsection (7), shall submit its final observations and recommendations to the relevant Government institution.

The final policy, plan or programme, including the findings, concerns and recommendations of a review by the Authority referred to in subsection (6) and the documents referred to in subsection (9), as the case may be, shall be submitted by the relevant Government institution to the Cabinet of Ministers or any other authority responsible for approving such policy, plan or programme.

The Cabinet of Ministers or any other authority responsible for approving such policy, plan, or programme shall take into consideration the strategic environmental assessment report and the final observations and recommendations of the Authority in making its decision in respect of approving, issuing or adopting the policy, plan or programme.

Where approval is granted under subsection (10), such approval shall be published in the Gazette and in one newspaper each in Sinhala, Tamil, and English languages.

The Authority may request any

the determination of criteria to be included in the environmental significance checklist as referred to in subsection (2) of section 23KK;

the structure and content of strategic environmental assessment reports;

the fee for the conduct of a strategic environmental assessment process;

transparency and public participation for the purpose of review and decision making in respect of strategic environmental assessment process;

time limits to be taken to undertake the necessary steps in carrying out a strategic environmental assessment process;

incorporation of the findings, concerns and recommendations of any review of the strategic environmental assessment report into the assessed policy, plan or programme; and

monitoring the implementation of the findings, concerns and recommendations incorporated into the policy, plan, or programme.

declare wetlands for the protection and conservation, excluding wetlands declared, defined or managed under any other law; and

specify the permissible activities within such declared wetland.

No person shall commence, carry on, engage in, continue or complete any activity other than a permissible activity within or over any declared wetland, for the purpose of this Act, except with the approval of the Director-General.

Every application for approval shall be in the form as may be prescribed by the

The Director-General or an officer authorized in writing by the Director-General shall require an applicant to submit any document or furnish further information for the purpose of processing the application.

The activities for which approval has been granted under this section shall be subject to such conditions as specified by the

Every person who carries on or engages in or continues or completes any activity without approval within or over any area of a declared wetland, in contravention of this Part, shall be guilty of an offence and on conviction after summary trial before a

liable to a fine not less than one million rupees and not exceeding ten million rupees or to imprisonment for a term not exceeding two years or to both such fine and imprisonment;

required to comply with the conditions recommended by the

Where any person who is convicted under subsection (1) continues to carry on such activity without complying with the conditions recommended by the Director-General within the time period determined by Court under that subsection, the Magistrate shall upon an application being made by the Director-General or any person authorized by him in that behalf, order the closure or cessation of any activity, until such person complies with such recommendations.

The Minister shall specify by

The Minister may, by regulations establish a coordinated mechanism to track and implement Extended Producer Responsibility which requires the producer of any goods or products, to be responsible for the life cycle management of such goods or products, until the ultimate disposal in the form of recycling, reuse or by disposal in a manner acceptable to the Authority. The manner and procedure of charging a fee from the responsible party and a fee charged for non-compliance of any term or condition of the mechanism shall be specified in the mechanism.

Every producer of any goods or products specified under subsection (1) shall comply with the terms and condition of the mechanism established under subsection (2).

Where any person fails to pay a fee as specified in the mechanism, the Director-General may proceed to recover such sum by instituting an action by way of summary procedure before the Magistrate having jurisdiction.

Every person who contravenes the provisions of any regulation made under this section shall be guilty of an offence and shall on conviction after summary trial before a

For the purpose of this Part –

as a manufacturer ; or

as an importer or brand owner or otherwise, in compliance with written law.

Where damage, harm or pollution has been caused to the environment by any activity or project, whether prescribed or not, the Magistrate may, prior to conviction, on an application made by the Director-General, order any person responsible for such harm, damage or pollution, to take such corrective measures as the Magistrate thinks expedient so to do. The Magistrate having considered such harm, damage or pollution, may require the person responsible, to restore the environment to its original condition or to minimize the damage of the area in which the said damage had taken place, within such period specified in that order.

An application under subsection (1)

Any person in respect of whom the order referred to in subsection (1) has been made, shall submit to court proof of measures taken by such person to restore the environment or to minimize the damage and to prevent any further damage to the environment.

The Magistrate may suspend operations of any activity or project for such duration of time as the Magistrate considers necessary depending on the nature of the offence and extent of damage or pollution which has taken place, until compliance of the order issued under subsection (1).

Where the Director-General is satisfied in respect of the measures taken on proof of such measures submitted to him, he shall issue a written declaration and produce the same in

If it is not practical for the person to whom an order has been made under subsection (1) to take sufficient corrective measures to restore the environment, the