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     Part IV C Of The National Environment Act
  APPROVAL OF PROJECTS  
 

23Y For the purpose of this Part of this Act, the Minister may by order published in the Gazette specify the state agencies (hereinafter in this Part referred to as "Project Approving Agencies") which shall be the Project Approving Agencies.

23Z The Minister shall by order published in the Gazette determine the projects and undertakings (hereinafter referred to as "prescribed projects") in respect of which approval would be necessary under the provisions of this part of this Act.

23AA(1) Notwithstanding the provisions of any other written law, from and after the coming into operation of this Act, all prescribed projects that are being undertaken in Sri Lanka by any Government Department, Corporation, Statutory Board, Local Authority, Company, Firm or an individual will be required to obtain approval under this act for the implementation of such prescribed projects.

(2) The approval referred to in subsection (1) shall have to be obtained from the appropriate Project Approving Agencies concerned or connected with such prescribed project;

Provided however, in respect of certain prescribed projects to be determined by the Minister, the Project Approving Agency will grant its approval only with the concurrence of the Authority.

23BB (1) It shall be the duty of all Project Approving Agencies to require from any Government Department, Corporation, Statutory Board, Local Authority, Company, Firm or individual who submit any prescribed project for its approval to submit within a specified time an initial environmental examination report or an Environmental Impact Assessment Report as required by the Project Approving Agency relative to such project and containing such information and particulars as may be prescribed by the Minster for the purpose.

(2) A Project Approving Agency shall on receipt of an initial environmental examination report or an Environmental Impact Assessment Report, as the case may be, submitted to such Project Approving Agency in compliance with the requirement imposed under subsection (1), by notice published in the Gazette and in one newspaper each in the Sinhala, Tamil and English language, notify the place and times at which such report shall be available for inspection by the public, and invite the public to make its comments, if any, thereon.

(3) Any member of the public may within thirty days of the date on which a notice under subsection (2) is published make his or its comments, if any, thereon to the Project Approving Agency which published such notice, and such project approving agency may, where it considers appropriate in the public interest afford an opportunity to any such person of being heard in support of his comments, and shall have regard to such comments and any other materials if any, elicited at any such hearing, in determining whether to grant its approval for the implementation of such prescribed project.

(4) Where approval is granted for the implementation of any prescribed project, such approval shall be published in the Gazette and in one newspaper each in Sinhala, Tamil and English languages.

(5) An initial environmental examination report submitted in compliance with the requirement imposed under subsection (1) shall be deemed to be a public document for the purpose of section 74 and 76 of the Evidence Ordinance (Chapter 21) and shall be open to inspection by the public.

23CC The Project Approving Agencies shall determine the procedure it shall adopt in approving any prescribed projects submitted to it for approval. Such procedure shall be based on the guidelines prescribed by the Minister for such purpose.

23DD (1) Where a Project Approving Agency reuses to grant approval for any prescribed project submitted for its approval the person or body of persons aggrieved shall have a right to appeal against such decision to the Secretary to the Ministry of the Minister.

(2) The decision of the Secretary to the Ministry on such appeal of the Minister shall be final.

23EE Where any alterations are being made to any prescribed project for which approval had been granted or where any prescribed project already approved is being abandoned, the Government Department, Corporation, Statutory Board, Local Authority, Company, Firm or individual who obtained such approval shall inform the appropriate Project Approving Agency of such alterations or the abandonment as the case may be, and where necessary obtain fresh approval in respect of any alterations that are intended to be made to such prescribed project for which approval had already been granted.

Provided however, where such prescribed project that is being abandon or altered is a project approved with the concurrence of the Authority, the Authority should also be informed of it and any fresh approval that need to be obtained should be given only with the concurrence of the Authority.

23FF It shall be the duty of all Project Approving Agencies to forward to the Authority a report on each prescribed project for which approval is granted by such agency.

 
     
   
     
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