33. Insertion of new section 24Ca 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 section is inserted immediately after section 24C of the principal enactment and shall have effect as section 24Ca of the principal enactment:-

24Ca. (1) No person shall cause harm or damage to any natural resource of the environment.

(2)

Where damage or harm has been caused by releasing extrinsic substances causing pollution or by any other activity or project, whether such activity or project has been prescribed under this Act or not, the

Director-General or any officer authorized by the Director-General may, without delay assess the cost of such damage or harm caused and proceed to recover such cost from the parties responsible. The expenses incurred in assessing the damage or harm shall be borne by the responsible party.

(3)

In assessing the cost of damage or harm as specified in subsection (2), the

Director-General or any officer authorized by the Director-General may seek the assistance

“Assessing the damages

&c. to natural resources and recovery of cost of any local or foreign expert in the relevant field.

(4)

The Director-General or any officer authorized by the Director-General shall have the authority to proceed to recover such sum from the persons responsible, by instituting action by way of summary procedure before the Magistrate having jurisdiction.

(5)

On the basis of the assessment of damage or harm under subsection (2), the

Director-General or any officer authorized by the Director-General, shall direct the person responsible to take such corrective measures to restore the environment to its original condition and to take all necessary precautions to prevent any further damage or harm.

(6)

Where the Director-General or any officer authorized by the Director-General is of the opinion that such damage cannot be restored to its original condition, the

Director-General or any officer authorized by the Director-General shall direct the parties responsible, to repair such damage or harm to an acceptable level to be determined by the

Director-General or any officer authorized by the Director-General.

(7)

Where the person responsible fails to restore the environment to its original condition, a responsibility fee shall be charged, in the manner as may be prescribed by regulation.

(8)

The sum specified in subsection (2) and the responsibility fee collected by the Authority shall be credited to the fund established under section 5 and shall be maintained for the management of the affected ecosystems and affected parties.

(9)

Any person who fails to pay the sum specified in subsection (2) and the responsibility fee specified in subsection (5)

shall be guilty of an offence and on conviction after a summary trial before a Magistrate having jurisdiction be liable to a fine not less than one million rupees and not more than ten million rupees or to an imprisonment for a term not exceeding two years or to both such fine and imprisonment.

(10)

For the purpose of this section

“ecosystem” means a community of organism and their physical environment, interacting as an ecological unit.”.

Read on from s 34