Introduction System of approval of development projects and high

polluting industries in Sri Lanka

Legal Framework
System of approval of development The first legitimate enactment - National
projects and high polluting industries in Environmental Act No. 47 of 1980.

Sri Lanka,
Establishment of the Central Environmental Authority
- Initial Environmental Examination (CEA) in 1981
(IEE) and
Subsequent amendment (No. 56 of 1988) - Wider
- Environmental Impact Assessment regulatory powers gave to the CEA.
(EIA)
Again it was amended by the Amendment Act No 53
of 2000.

NEA consists of five Parts

Part I- Establishment of CEA and an Environmental Council
Two important entities ;
Part II – Powers, functions and duties of the Authority

Part III- Staff of the Authority 1. Project

Part IV – Environmental Management- Act No 56 of 1988
Part IVA – Environmental Protection (EPL)
2. Industry
Part IVB – Environmental Quality
Part IVC- Approval of Projects (EIA)

Part V- General
 Project
Project - any undertaking, scheme or plan where
commitment of resources, time and funds are envisaged
and, frequently involving research or design, that is
carefully planned to achieve a particular aim.
Eg: 1. Construction of railway lines
2. Construction of hydroelectric power plant
3. Construction of Housing Scheme
4. Establishment of Industrial Estate etc.
ENVIRONMENTAL IMPACT
ASSESSMENT PROCESS IN
SRI LANKA
Industry
Definition; Any type of economic activity producing goods
or services.
An industry is
- an area of economic production
- involves large amount of upfront investment
- before any profit can be realized.
It is a part of a chain from raw materials to finished
product, finished product to service sector and service
sector to research and development.
What is EIA ?
Internationally accepted, essentially
multidisciplinary tool
A process of
a) Identifying and predicting the
environmental, economic and social
environment impacts and
b) Suggesting measures to prevent or
minimize negative impacts and to
enhance positive impacts
Prior to major decisions being taken and commitments made.

An EIA aims to,
protect environmental, social and economic
impacts at an early stage in project
planning and design,
find ways to reduce adverse impacts,
shape projects to suit the local
environment, and recommend suitable
options to decision makers.
It should,
identify and evaluate benefits and
adverse impacts,
most environmentally suitable, cost
effective and practical options as well
as alternatives, and
should provide recommendations for
mitigation of negative impacts,
monitoring and auditing project
implementation.
Why do we need EIA?
Environmental Impact Assessment is needed to
1.Make development projects environmentally
sustainable,
2.Reduce adverse environmental impacts,
3.Identify environmental impacts on ecologically fragile
landscapes before development projects,
4.Assess the effects of development pressures on the
natural resources base as well as on the socio-cultural
aspects,
5.Reduce the overall environmental and economic costs
of projects, and
6.Optimize project benefits.
At least three general major outputs are
expected from the EIA process;
an identification and analysis of the
environmental effects of proposed activities;
an environmental management plan which
outlines the mitigatory measures
implemented; and
an environmental monitoring programme.
Brief background and History of EIA/IEE in Contiuation .....................
Sri Lanka Summary
1990
- North Western Provincial Environmental Statute
1981
No. 12 of 1990
- Coast Conservation Act No. 57 of 1981 (Provision
restricted to coastal zone only)
- Coast Conservation (Amendment) Act No. 64 of 1988
Identification of projects for EIA at the discretion of 1993
the Director / Coast Conservation - Fauna and Flora Act No. 49 of 1993
- EIA for any development activity within 1 mile
1988 of the boundary of any National Reserve
- National Environmental Act No 47 of 1980
- National Environmental (Amendment) Act No. 56 of 1988
- National Environmental (Amendment) Act No. 53 of 2000

Parties involve in the EIA Process

1. Project Proponent (PP):
There are four parties who involve in EIA Process;

Project Proponent (PP) means any

1. Project Proponent (PP) government Department, Corporation,
2. Project Approving Agency (PAA) Statutory Board, Local Authority,
3. Stakeholder Company, firm or individual who submits
4. General Public any prescribed project for approval.
 Prescribed Projects PRESCRIBED PROJECTS
The projects are prescribed according to two categories.
Prescribed Projects :
1. Type and magnitude
Only the “prescribed projects” are required to go
2. Location
through the EIA process
What are prescribed projects? 1. Type and magnitude
The development projects that are likely to have Eg. Thermal power projects over 25 MW.
significant impacts on the environment are listed as Hotels over 90 rooms
prescribed projects. Highways over 10 km
Filling of wetlands over 4 ha.

Prescribed projects are listed in Gazette Extra 2. Location

Ordinary No. 772/22 of 24th June 1993. Eg. If projects are located in an environmental sensitive
area such as river reservations, forest reserves etc.

List of Typical Projects Requiring IEE or EIA

Prescribed Projects
Schedule Part I:
The prescribed projects are listed in two groups in a the 1. All river basin development and irrigation projects (exclude minor irrigation
Gazette Extra Ordinary No. 772/22 of 24th June 1993. works as defined by irrigation ordinance).
2. Reclamation of Land, Wetland area exceeding 4 hectares.
3. Extraction of Timber covering land area exceeding 5 hectares.
PART I 4. Conversion of forests covering an area exceeding 1 hectare into non forest
31 Projects and Undertakings if located wholly or partly uses.
outside the coastal zone (Infrastructure + Large Scale 5. Clearing of land area exceeding 50 hectares.
Development Projects). 6. Mining and Mineral Extraction.
7. Transportation Systems.
8. Port & Harbor Development.
PART II 9. Power Generation & Transmission
Projects if located partly or within an Environmentally 10. Transmission Lines.
Sensitive Area. (ie: 20 Industries + All Part 1 projects). 11. Housing & Building.
12. Resettlement.
13. Water Supply.
PART III 14. Pipelines.
Lists out Environmental Sensitive Areas. 15. Hotels.
16. Fisheries.
17. Tunneling Projects. Part II
18. Disposal of Waste
19. Development of all Industrial Estates & Parks exceeding an area of 32. All projects and undertakings listed in Part I, if located wholly or partly
10 hectares. within the areas specified in Part III of the Schedule
20. Iron and Steel Industries.
21. Non-Ferrous Basic Metal Industries
The following industries located wholly or partly within the areas
22. Basic Industrial chemicals specified in Part III of the Schedule
23. Pesticides and Fertilizers
24. Petroleum and Petrochemicals 33. Iron and Steel
25. Tyre and Tube Industries 34. Non-Ferrous Basic Metal Industries
26. Sugar Factories 35. Basic Industrial chemicals
27. Cement and Lime 36. Pesticides and Fertilizers
37. Synthetic Resins, Plastic materials and Man-made Fibres
28. Paper and Pulp
38. Other chemical products
29. Spinning, Weaving and Finishing of Textiles
39. Petroleum and Petro-chemical products
30. Tanneries and Leather Finishing
40. Tyre and tubes
31. Industries which involve the manufacture, storage or use of Radio 41. Manufacturing and Refining of Sugar
Active Materials
42. Alcohol Spirits

Part II Continuation…..
Part III

Environmental Sensitive areas

43. Malt Liquors and Malt
44. Cement and Lime
1. Within 100 from the boundaries of or within any are
45. Non-Metallic Mineral Products
declared under
46. Paper, Pulp and Paperboard
47. Spinning, Weaving and Finishing of Textiles - the National Heritage Wilderness Act No. 3 of
48. Tanneries and Leather Finishing 1988
49. Shipbuilding and Repairs - the Forest Ordinance (Chapter 451).
50. Railroad Equipment Whether or not such areas are wholly or partly
51. Motor Vehicles within the Coastal Zone as defined in the Coast
52. Air Crafts Conservation Act No. 57 of 1981
Continuation……………

2. Within the following areas whether or not the area are wholly or
partly within the Coastal Zone;
- Any erodible area declared under the Soil Conservation Act
- Any Flood Area declared under the Flood Protection Ordinance
and any flood protection area declared under the Sri Lanka Land
Reclamation and Development Corporation Act No. 15 of 1968 as
amended by Act No. 52 of 1982.
- 60 meters from the bank of a public stream as defined in the
Crown Lands Ordinance and having a width of more than 25
meters at any point of its course.
- Any reservation beyond the full supply level of a reservoir.
-Any archaeological reserve, ancient or protected monuments as
defined or declared under the Antiquities Ordinance
- Any area declared under the Botanic Gardens Ordinance