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As enacted
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41. Amendment of section 33 of the principal enactment

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

Section 33 of the principal enactment is hereby amended as follows:-

(1)

by the insertion, immediately before the definition of the expression “air pollution”, of the following new definition:-

“activity” includes a development project, scheme, facility, industry, trade, business, transit facility being a commercial or non-commercial in nature or any other undertaking, temporarily or permanently causing an environmental hazard;

(2)

by the insertion, immediately after the definition of the expression “air pollution”, of the following new definitions:-

“Chairman” means the Chairman of the Authority appointed under subsection (2) of section 3;

“chemical” includes hazardous chemicals;

“Constitution”

means the

Constitution of the

Democratic Socialist Republic of Sri Lanka;

“Director-General” means the Director-General of the

Authority referred to under section 13;

(3)

by the insertion immediately after the definition of the expression "environmental impact assessment report"

of the following new definition:-

“environmental recommendation” means an approval issued by the Authority prior to siting or locating of a prescribed activity;

(4)

by the insertion immediately after the definition of the expression “exclusive economic zone” of the following new definitions:-

“Government institution”

means a

Ministry,

Government Department, Corporation, statutory board, statutory authority, Provincial Council,

Provincial Department, or any other Provincial institution, local authority or public corporation or a company”;

“ground water” means, water that collects or flows beneath the earth’s surface, filling the porous spaces in soil, sediment or rocks, which originates from rain and is the source of water for aquifer, springs and wells, the upper surface of ground water is reckoned to be the water table;

“hazardous waste” or “hazardous substances” means any waste in the form of solid, semi-solid, liquid or gaseous that may pose a danger to public health, living organisms, material, structures or the environment;

“industrial accident” means an accident which causes pollution to the environment as provided in this

Act;

“inland waters” includes inland surface water, ground water and territorial waters of Sri Lanka;”

(5)

by the insertion immediately after the definition of the expression “local authority” of the following new definitions:-

“Ministry” means the Ministry to which the subject of environment has been assigned under the

Constitution; ” ;

“monitoring” means a process undertaken by the

Authority may be in coordination with other entities or within its expertise and includes site inspection, investigation, testing, conducting meetings, compiling and maintaining records, the drawing and the execution of agreements or the preparation of renewal procedures in consultation with the relevant authorities;”

(6)

by the insertion immediately after the definition of the expression “noise pollution” of the following new definition:-

“person responsible” means a person or a body of persons either incorporated or unincorporated locally or otherwise, who has undertaken any activity which has caused any discharge, emission or deposit of any pollutant, or a damage to the environment within the territorial limits of

Sri Lanka knowingly, owing to the willful disregard to the duty of care or does so by accident;

(7)

in the definition of the expression “pollutant”, by the substitution for the words “any substance whether liquid, solid or gaseous which directly or indirectly”

of the words “any substance whether liquid, solid or gaseous or an energy, which directly or indirectly”;

(8)

in the definition of the expression “pollution”, by the substitution for the words “the deposit of wastes so as to” of the words “the deposit of wastes or by the ground or air vibration so as to”;

(9)

by the insertion, immediately after the definition of the expression “prescribed’’, of the following new definitions:-

“strategic environmental assessment”

means a systematic process for evaluating the potential environmental effects of a proposed policy, plan or programme considering the cumulative effects along with economic and social considerations aiming at sustainable development and appropriately address them at the earliest possible stage of decision making;

“strategic environmental assessment report” means a written analysis of the predicted significant environmental effects of the draft policy, plan or programme, together with an analysis of environmentally friendly alternatives or measures to eliminate or minimize such adverse impacts on the environment aiming at sustainable and resilient development;”; and

(10)

by the insertion immediately after the definition of the expression “toxic chemical” of the following new definitions:-

“vibration” means, a periodic oscillation or motion of particles of an elastic media, which generates seismic waves that pass through solid or liquid media or the air that generates shock waves;

“wetlands” means any area of marsh, fen, peat land or water whether natural or artificial, permanent or temporary with water that is static or flowing, fresh, brackish or salty including area of marine water the depth of which at low tide does not exceed six meters.”.