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     Prescribed Projects
 

The prescribed projects are listed in two groups in Schedule (please see ANNEX II ) included in the first ministerial order of June 24, 1993. Part I of the Schedule includes 31 projects and undertakings if located wholly or partly outside the Coastal Zone (please see fig i). The projects in this group irrespective of size if located wholly or partly within the coastal zone must undergo the approval process that is laid down in the Coast Conservation Act. In other words only those projects located totally outside the Coastal Zone will be subject to the approval process laid down in the NEA.
Item 19 in this list of 31 projects and undertakings is described as the "Development of Industrial Estates and Parks exceeding an area of 10 hectares". Once an industrial estate or industrial park is approved under Part IV VC of the NEA, any individual project or undertaking located in it, even though prescribed, will be exempted from the approval process. Projects and undertakings, which are listed as Items 20 to 30, belong to the category of high polluting industries. They will be required to go through the EIA process only if they are located outside an approved industrial estate or industrial park.

Sitting of projects in environmentally sensitive areas that are listed in Part III of the Schedule (annex II) is not prohibited, but regardless of their magnitude such projects and undertakings must go through the approval process. This itself acts as a disincentive to project proponents. Similarly, even though Part I of the Order exempts projects and undertakings proposed to be established within the Coastal Zone from the approval process set out in Part IV C of the NEA, the law requires that such projects must be subject to the (NEA) approval process if they are located in environmentally sensitive areas of the Coastal Zone. In short, the EIA process set out in the Coast Conservation Act applies to projects prescribed under the NEA only when they are located wholly within the Coastal Zone but not in any environmentally sensitive area therein.

Part II of the Schedule of prescribed projects includes Item 32 industries (Items 33 to 52). Item 32 is described as"All projects and undertakings listed in Part I irrespective of their magnitudes and irrespective of whether they are located in the coastal zone or not, if located wholly or partly within the areas specified in Part III of the Schedule". The industries included as Items 33 to 52 are not described by magnitude and are subject to the approval process only if located within the environmental sensitive areas mentioned in Part III of the Schedule.

Recently some projects were taken out of the prescribed project list through a government gazette notification (annex IV).

 
  Prescribe Projects Part I

Projects and undertakings if located wholly or partly outside the coastal zone as defined by Coast Conservation Act No. 57 of 1981
 
 
  1. All river basin development and irrigation projects excluding minor irrigation works (as defined by Irrigation Ordinance chapter 453)
  2. Reclamation of Land, wetland area exceeding 4 hectares.
  3. Extraction of timber covering land area exceeding 5 hectares
  4. Conversion of forests covering an area exceeding 1 hectare into non-forest uses.
  5. Clearing of land areas exceeding 50 hectares.
  6. Mining and Mineral Extraction
    Inland deep mining and mineral extraction involving a depth exceeding 25 meter
    Inland surface mining of cumulative areas exceeding 10 hectares
    All off shore mining and mineral extractions
    Mechanized mining and quarrying operations of aggregate, marble, limestone, silica, quartz, and decorative stone within 1 kilometer of any residential or commercial areas.
  7. Transportation Systems
    Construction of national and provincial highways involving a length exceeding 10 kilometers
    Construction of railway lines
    Construction of airports
    Construction of airstrips
    Expansion of airports or airstrips that increase capacity by 50 percent or more.
  8. Port and harbour development
    Construction of ports
    Construction of harbours
    Port expansion involving an annual increase of 50% or more in handling capacity per annum.
  9. Power generation and transmission
    Construction of hydroelectric power stations exceeding 50 Megawatts
    Construction of thermal power plants having generation capacity exceeding 25 Megawatts at a single location or capacity addition exceeding 25 Megawatts to existing plants.
    Construction of nuclear power plants
    All renewable energy based electricity generating stations exceeding 50 Megawatts
  10. Transmission lines
    Installation of overhead transmission lines of length exceeding 10 kilometers and voltage above 50 Kilovolts
  11. Housing and building
    Construction of dwelling housing units exceeding 1000 units
    Construction of all commercial buildings as defined by Urban Development Authority established by the Urban Development Authority law, No. 41 of 1978 having built up area exceeding 10,000 square meters.
    Integrated multi-development activities consisting of housing, industry, commercial infrastructure covering a land area exceeding 10 hectares.
  12. Resettlement
    Involuntary resettlement exceeding 100 families other than resettlement effected under emergency situations.
  13. Water supply
    All ground water extraction projects of capacity exceeding 1/2 million cubic meters per day
    Construction of water treatment plants of capacity exceeding 1/2 million cubic meters
  14. Pipelines
    Laying of gas and liquid (excluding water) transfer pipelines of length exceeding 1 kilometer
  15. Hotels
    Construction of Hotels or holiday resorts or projects which provide recreational facilities exceeding 99 rooms or 40 Hectares, as the case may be.
  16. Fisheries
    Aquaculture development projects of extent exceeding 4 hectares
    Construction of fisheries harbours
    Fisheries harbour expansion projects involving an increase of 50% or more in fish handling capacity per annum.
  17. All tunneling projects
  18. Disposal of Waste
    Construction of any solid waste disposal facility having a capacity exceeding 100 tons per day.
    Construction of waste treatment plants treating toxic or hazardous waste.
  19. Development of all Industrial Estates and Parks exceeding an area of 10 hectares.
  20. Iron and Steel Industries
    Manufacture of iron and steel products of production capacity exceeding 100 tons per day using iron ore as raw material
    Manufacture of iron and steel products of production capacity exceeding 100 tons per day using scrap iron as raw material
  21. Non-Ferrous Basic Metal Industries
    Smelting of aluminium or copper or lead of production capacity exceeding 25 tons per day.
  22. Basic Industrial Chemicals
    Formulation of toxic chemicals or production capacity exceeding 50 tons per day
    Manufacture of toxic chemicals of production capacity exceeding 25 tons per day.
  23. Pesticides and Fertilizers
    Formulation of pesticides of combined production capacity exceeding 50 tons per day
    Manufacture of pesticides of combined production capacity exceeding 25 tons per day.
  24. Petroleum and petrochemical
    Petroleum refineries producing gasoline, fuel oils, illuminating oils, lubricating oils and grease, aviation and marine fuel and liquified petroleum gas from crude petroleum.
    Manufacture of petro-chemicals of combined production capacity exceeding 100 tons per day from raw materials obtained from production processes of oil refinery or natural gas separation.
  25. Tyre and Tube Industries
    Manufacture of tyre and tubes of combined production capacity exceeding 100 tons per day from natural or synthetic rubber.
  26. Sugar factories
    Manufacture of refined sugar of combined production capacity exceeding 50 tons per day
  27. Cement and Lime
    Manufacture of Cement
    Manufacture of lime employing kiln capacity exceeding 50 tons per day
  28. Paper and Pulp
    Manufacture of paper or pulp of combined production capacity exceeding 50 tons per day
  29. Spinning, Waving and Finishing of Textiles
    Integrated cotton or synthetic textile mills employing spinning, weaving, dyeing and printing operations together, of combined production capacity exceeding 50 tons per day.
  30. Tanneries and Leather Finishing
    Chrome tanneries of combined production capacity exceeding 25 tons per day
    Vegetable (bark) of combined production capacity exceeding 50 tons per day
    Provided however, where the projects and undertaking set out in items 20 to 30 are located within Industrial Estates and parks as described at (19) above, the approval shall not be necessary under the provisions of Part IV C of the Act.
  31. Industries which involve the manufacture, storage or use of Radio Active Materials as defined in the Atomic Energy Authority Act No. 19 of 1969 or Explosives as defined in the Explosives Act, No. 21 of 1956, excluding for national security reasons.
  32. All projects and undertaking listed in Part I irrespective of their magnitudes and irrespective of whether they are located in the coastal zone or not, if located wholly or party within the areas specified in part III of the Schedule.
 
  Prescribe Projects (Part II)

The following industries if located wholly or partly within the areas specified in Part III of the Schedule.
 
  33. Iron and Steel
34. Non-Ferrous Basic Metal
35. Basic Industrial Chemicals
36. Pesticides and Fertilizer
37. Synthetic Resins, Plastic materials and Man-made Fibres
38. Other Chemical Products
39. Petroleum and Petro-chemical products
40. Tyres and Tubes
41. Manufacturing and Refining of Sugar
42. Alcoholic Spirits
43. Malt Liquors and Malt
44. Cement and Lime
45. Non-metallic Mineral Products
46. Paper, Pulp and Paperboard
47. Spinning, Weaving and Finishing of Textile
48. Tanneries and Leather Finishing
49. Shipbuilding and Repairs
50. Railroad Equipment
51. Motor Vehicles
52. Air Craft
 
 
Areas Specified in PART III

1. Within 100 m from the boundaries of or within any area declared under

The National Heritage Wilderness Act No. 3 of 1988;

The Forest Ordinance (Chapter 451; whether or not such areas are wholly or partly within the Coastal Zone as defined in the

Coast Conservation Act, No. 57 of 1981

2. Within the following areas whether or not the areas are wholly or partly within the Coastal Zone:

Any erodable area declared under the Soil Conservation Act (Chapter 450)

Any Flood Area declared under the Flood Protection Ordinance (Chapter 449) and any flood protection area declared under the Sri Lanka Land Reclamation and Development Corporation Act, 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 (Chapter 454) 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 monument as defined or declared under the Antiquities Ordinance (Chapter 188)

Any area declared under the Botanic Gardens Ordinance (Chapter 446)

Within 100 meters from the boundaries of, or within, any area declared as a Sanctuary under the Fauna and Flora Protection Ordinance (Chapter 469).

Within 100 meters form the high flood level contour of, or within, a public lake as defined in the Crown Lands Ordinance (Chapter 454) including those declared under section 71 of the said Ordinance.

Amended list of Prescribed Projects by Gazette Extra Ordinary No. 1104/22 of 5th November 1999.

The National Environmental Act, No. 47 of 1980

Order under Section 23 Z

This Order amend the Schedule to the Order made under aforesaid section and published in Gazette Extraordinary No. 772/22 0f 24th June, 1993 as follows:
 
  (1) in part I of that schedule -  
  (a) by the substitution for item (11) of that part , of the following item :-
"(11) Housing and building
Integrated multi development activities consisting of housing, industry, commercial infrastructure covering a land exceeding ten Hectares';
(b) in item (27) by the substitution for the phrase "Manufacturing of Cement" of the phrase "Manufacture of Cement through production of Clinker"; and
 
  (2) In Part II of that Schedule  
 

(a) by the insertion immediately after item (32) of the following new item:-
"(32a) Construction of all commercial buildings as defined by the Urban Development Authority Law, No. 41 of 1978 and the constitution of dwelling housing units, irrespective of their magnitudes and irrespective of whether they are located in the coastal zone or not, if located wholly or partly within the areas specified in Part III of this Schedule";

(b) by the substitution for item (44) of that part, of the following item:-
"(44) Cement, clinker and lime".

 
 


 
     
   
     
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