CEA - EIA under the National Environmental Act

The border legal framework for the EIA process in Sri Lanka was laid down by the amendments made to NEA in 1988 through National Environmental (Amendment) Act No. 56 of 1988. The provision relating to EIA is contained in Part IV C of the National Environmental Act. The procedure stipulated in the Act for the approval of projects provides for the submission of two types of reports Initial Environmental Examination (IEE) report and Environmental Impact Assessment (EIA) report. Such reports are required in respect of"prescribed projects" included in a Schedule in an Order published by the Minister of Environment in terms of section 23 Z of the act in the Gazette Extra Ordinary No. 772/22 dated 24th June 1993(ANNEX II). Once an EIA report is submitted NEA provides for a public inspection and comment on the report during a mandatory period of 30 days. A public hearing may be held to provide an opportunity to any member of the public (who has submitted his comments) to be heard in support of his comments if the PAA considers it to be in the public interest to do so. A decision whether to approve the project has to be arrived at thereafter.

The EIA process is implemented through designated Project Approving Agencies (PAAs) specified under Section 23 Y of the NEA. At present there are 22 state agencies have been specified as PAAs by the Minister.

The National Environmental Act stipulates that all "prescribed projects" must receive approval from the appropriate project approving agencies (PAAs), which must be those that are "concerned with or connected with such prescribed projects". A PAA, which is also the project proponent, is disqualified from acting as the PAA for the project by NEA-EIA Regulation 2(1) of June 1993. When the PAA is also the project proponent, the CEA is required to designate an appropriate PAA. Again in cases where there are more than one PAA is involved, the CEA must determine the appropriate PAA. In the event of doubt or difficulty in identifying the appropriate PAA, it has been practice for the CEA to take on the role of PAA.