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     Legal Unit
 
Central Environmental Authority (CEA) which is entrusted with the role of environmental preservation was established under Act No. 47 of 1980. Legal Unit was established in year 1989 with one (01) Legal Officer and today it plays a pivotal role for the country's environmental management and protection. The Legal Unit of the CEA is entrusted with the operation of an effective enforcement mechanism.

Following are some of the major functions of the Legal Unit.
  • Enforcing the National Environmental Act (NEA) through litigation process and with the assistance of the Enforcement Unit headed by an Assistant Superintendent of Police
  • Drafting legal documents such as Petitions, Affidavits, Plaints, Charge Sheets, List of Witnesses & Documents and Legal Notices etc. and filing in relevant Courts and attending Courts
  • Co-ordination and corresponding with the Attorney General's Department and other Government institutions and attending for consultations
  • Preparing Observations of the Cases filed against the CEA
  • Appear in Courts for Cases filed by the CEA and against the CEA
  • Preparing Policy Papers for NEA amendments and drafting Regulations to be incorporated in the NEA
  • Drafting the Directives under Section 12 and Section 24B of the NEA
  • Drafting refusal letters and cancellation letters to refuse the Issuing EPLs or to cancel EPLs
  • Drafting and approving Agreements and Contracts
  • Attending and organizing Public Awareness Programmes such as Seminars, Workshops and Media Programmes
  • Advising the other Divisions of the CEA regarding legal issues
  • Co-ordinate with relevant Divisions to proceed with Court Cases
At present the Legal Unit of the CEA continues to play a central role in co-ordinating the legally related matters with assistance of the following Designatories.
  • Director (Legal)
  • Deputy Director (Legal)
  • Legal Officer
  • Assistant Legal Officers
  • Environmental Enforcement Officers
 
General Contact details of the Legal Unit
Director (Legal) - 0094 11 2872604
Deputy Director (Legal) - 0094 11 2867267
Publications of the Legal Unit
  • Legal Compendium of National Environmental Act and Subsidiary Legislation as at 2003.
Workshops and Seminars organized by the Legal Unit of the CEA
Organizing Workshops and Awareness Programmes on legal issues for the Judicial Officers, Police Officers, Divisional Environmental Officers and the officials from the Local Authorities is another task undertaken by the Legal Unit of the CEA.
  Acts And Regulations
   
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Please be noted that North Western Provincial Environmental Statute, No. 12 of 1990 is the Environmental Statute that prevails in the North Western Province.
   
  Litigation Process under the National Environmental Act (NEA)
 

Litigation Process is the major legal mechanism/tool which produces various means and ends in addressing Environmental Injustices.As such the Legal Unit of the CEA has filed about 300 Cases for the violation of the NEA since year 1993.
  Litigation process under the NEA has been strengthened with the recruitment of Legal Enforcement Officers who are recruited to the following Regional Offices from year 2007.
 
i.   Central Provincial Office
ii.   Southern Provincial Office
iii.   Eastern Provincial Office
iv.   North Central Provincial Office
v.   Uva Provincial Office
vi.   Western Provincial Office
vii.   Sabaragamuwa Provincial Office
viii.   Ampara District Office
   
 
Legal Enforcement Officers recruited to the Provincial and District Offices embark on various legal duties and other related matters of the CEA making the enforcement mechanism more effective and fruitful.
   
  An Overview of the Cases filed by the Legal Unit of the CEA
 
CEA takes legal actions against persons or institutions for violating the NEA and the following Gazette Notifications published thereunder.
 
  • Gazette Notification No. 1159/22 dated 22.11.2000 (Regarding Environmental Protection Licence) Rescinded nby gazette Notification Number 1533/16 dated 25-01-2008
  • Gazette Notification No. 595/16 dated 02.02.1990 Rescinded nby gazette Notification Number 1534/18 dated 01-02-2008 (Regarding Waste Water)
  • Gazette Notification No.772/22 dated 24.06.1993 (Regarding EIA/IEE approval)
  • Gazette Notification No.859/14 dated 23.02.1995 (Regarding EIA/IEE approval)
  • Gazette Notification No. 1104/22 dated 05.11.1999 (Regarding EIA/IEE approval)
  • Gazette Notification No. 1108/1 dated 29.11.1999 (Regarding EIA/IEE approval)
  • Gazette Notification No. 924/12 dated 23.05.1996 (Regarding Noise Pollution)
   
 
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