8. Amendment of section 23A of the principal enactment

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

Section 23A of the principal enactment is hereby amended as follows:-

(1)

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 -

(a)

involve or result in the discharge, deposit or emission of waste into the environment and where such discharge, deposit or emission causes pollution; or

(b)

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.

(2)

A person shall not carry on any prescribed activity except-

(a)

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

(b)

in accordance with such terms, conditions and standards as may be prescribed.

(2A)

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.

(2B)

An applicant shall not commence any construction on the site unless the environmental recommendation has been obtained.

(2C)

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.”;

(2)

in subsection (3) of that section -

(a)

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

(b)

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”.

Read on from s 9