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Public participation is an important aspect of the EIA process in Sri Lanka. The provision for public participation is contained in the National Environmental Act (NEA).
Once an EIA report is submitted the National Environmental Act provides for public inspection and comment on the EIA report during a mandatory period of 30 days. EIA reports are available for perusal by the public in Sinhala, Tamil and English. These reports are usually kept for public inspection in the CEA Headquarter Library, the relevant Divisional Secretariat Office and PradeshiyaSabha. Any member of the public may send their comments to the Central Environmental Authority or the respective Project Approving Agency, within 30 working days. The Project Approving Agency (PAA) publishes notices in the National Newspapers inviting the public to inspect and comment on the EIA report within 30 days. The notice specifies where and when the EIA report can be inspected. The public have a right to obtain copies of the EIA report from the PAA by paying copying charges. A public hearing may also be held at the discretion of the PAA when it is thought that it would be in the public interest to do so.
The public comments received must be sent to the project proponent for response. The project proponent must respond to comments by making every effort to improve the project.
The IEE reports are not required to open for public comments for a mandatory period of 30 days. However, an IEE report shall be deemed to be a public document and shall open for inspection by the public.
In addition to the above mandatory requirement, the project proponents are always advised to have informal dialogues / consultation with the local people during the EIA study. The project proponent must ensure that the local people get accurate information about the project. If the local community is negatively affected by the project, it is important that the project proponent consult them and obtain their support in proposing mitigation measures to minimize the impacts.
The Project Approving Agencies which can grant approval for IEE / EIA as set out in the Gazette Extra Ordinary No. 859/14 of 23.02.1995 and Gazette Extra Ordinary No. 1373/6 of 29.12.2004 are given below;
1. The respective Ministries to which the following subjects are assigned: -
a) National Planning
b) Irrigation
c) Energy
d) Agriculture
e) Lands
f) Forests
g) Industries
h) Housing
i) Construction
j) Transport
k) Highways
l) Fisheries
m) Aquatic Resources
n) Plantation Industries
2. The Department of Coast Conservation.
3. The Department of Wildlife Conservation.
4. The Department of Forest
5. The Central Environmental Authority.
6. The Urban Development Authority
7. The Geological Survey and Mines Bureau
8. The Ceylon Tourist Board
9. The Mahaweli Authority of Sri Lanka
10. The Board of Investment of Sri Lanka
1. Submission of Preliminary Information.
The Project Proponent (PP) should submit Project Approving Agency (PAA) information regarding the nature, location and impacts of a proposed project that requires an EIA/IEE. The best time for a PP to submit the preliminary information on the proposed project is as soon as the project concept is finalized and the location of the project is decided. The CEA has developed a Basic Information Questionnaire (BIQ) for submission of Preliminary Information. A brief project proposal developed by the PP has to be submitted together with the duly filled BIQ.
2. Screening of Preliminary Information
Screening of Preliminary Information helps to determine;
whether the proposed project requires approval under Part IV C of the National Environmental Act or falls under the EIA of other relevant Acts.
PAA initiate the EIA process to carry out environmental scoping once satisfy with the adequacy of Preliminary Information received.
3. Environmental Scoping
Environmental scoping is an early and open process for determining the scope of issues to be addressed and for identifying the significant issues related to a proposed action. The PAA invites all concerned agencies, the PP and other interested persons (if necessary) for the scoping process. The PAA issues the Terms of References (ToR) for the EIA / IEE after the scoping process.
4. EIA / IEE Report Preparation
It is the responsibility of the PP to prepare the EIA / IEE report and to submit it to the PAA for evaluation. Preparation of EIA reports may require the services of a team of consultants as many specialized areas have to be covered. A list of registered consulting firms who prepare EIA reports is available at the CEA website (EIA consultant list - Link). It is important to note that PP should obtain the services of reliable and adequately qualified experts in the relevant field, in order to ensure that the EIA report is of the required standard.`
5. Public Participation & Evaluation of the Report
On receipt of an EIA report, it is subjected to an adequacy checking in order to ensure that the ToR issued by the PAA has been met. It is then opened for public inspection / comments for the mandatory of 30 working days. PAA publishes a notice in Newspapers and website inviting the public to make comments.
If there are any public comments on the EIA report, they are sent to the PP for response.
A public hearing may also be held to provide an opportunity to public to make oral comments.
The PAA appoints a Technical Evaluation Committee (TEC) to evaluate the EIA report and make its recommendations. The IEE reports are not opened for public comments and are thus subjected to technical evaluation only.
6. Decision Making
Based on the recommendation of the TEC, the PAA makes its decision on whether to grant approval for the project subject to the specified conditions. If the PAA is not the CEA, it should obtain the concurrence of the CEA prior to decision making. If the PP doesn't agree with the decision of the PAA to refuse granting approval has a right to appeal to the Secretary to the Ministry of Environment. The decision of the Secretary to the Ministry of Environment is final.
7. Compliance Monitoring
EIA / IEE environmental approval is granted with specific terms and conditions which the PP is expected to meet. The CEA or the PAA is required to monitor the implementation of conditions / mitigation measures. If the project proponent violates the conditions, the approval may be revoked.
EIA regulations are published in following Gazette notifications;
• Gazette Extra Ordinary No. 772/22 dated 24.06.1993
• Gazette Extra Ordinary No. 859/14 of 23.02.1995
• Gazette Extra Ordinary No. 1104/22 dated 05.11.1999
• Gazette Extra Ordinary No. 1373/6 dated 19.12.2004
• Gazette Extra Ordinary No. 1159/22 dated 22.11.2000
• Gazette Extra Ordinary No. 978/13 dated 04.06.1997
- A levy scheme exists to cover the administrative charge from the PP for the purpose of the approval process under the regulations [National Environmental (procedure for approval of projects) Regulation No. 1 of 1993 published in Gazette Extra Ordinary No. 772/22 of 24th June 1993].
- An extension to the environmental approval is required if the validity period is lapsed prior to completion of the project.
- The procedure for revalidating the lapsed environmental approval is required to be followed, in case if PP is failed to make the request on time.
- The PP is responsible for inform the PAA any alteration / expansion or abandonment of such approved prescribed project.
Only “prescribed projects” are subjected to IEE / EIA. The list of prescribed projects requiring an IEE / EIA under the provisions of the National Environmental Act as contained in the Gazette No. Gazette Extra Ordinary No. 772/22 dated 24.06.1993, 859/14 of 23.02.1995 and Gazette Extra Ordinary No. 1104/22 dated 05.11.1999 are given below;
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 forest covering an area exceeding 1 hectare into non-forest uses
5. Clearing of land areas exceeding 50 hectares
6. Mining and Mineral Extraction
7. Transportation systems
8. Port and harbour development
9. Power generation and transmission
10. Transmission lines
Installation of overhead transmission lines of length exceeding 10 kilometers and voltage above 50 kilovolts
11. Housing and building
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 ½ million cubic meters per day.
Construction of water treatment plants of capacity exceeding ½ 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
17. All tunneling projects
18. Disposal of waste
19. Development of all Industrial Estates and Parks exceeding an area of 10 hectares
20. Iron and Steel Industries
21. Non-Ferrous Basic Metal Industries
Smelting of aluminum or copper or lead of production capacity exceeding 25 tons per day
22. Basic Industrial Chemicals
23. Pesticides and Fertilizers
24. Petroleum and Petrochemical
25. Tyre and Tube Industries
Manufacture of tyre and tubes of combined production capacity exceeding 100 tons per day form natural or synthetic rubber.
26. Sugar factories
Manufacture of refined sugar of combined production capacity exceeding 50 tons per day.
27. Cement and Lime
28. Paper and Pulp
Manufacture of paper or pulp of combined production capacity exceeding 50 tons per day.
29. Spinning, Weaving 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
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 involved 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.
PART II
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.
32. (a) Construction of all commercial buildings as defined by the Urban Development Authority Law, No. 41 of 1978 and the construction of dwelling housing units, irrespectively of their magnitudes and irrespective of whether they are located in the coastal zone or not, if located wholly or partially within the areas specified in Part III of this schedule.
33. Iron and Steel
34. Non-Ferrous Basic Metal
35. Basic Industrial Chemicals
36. Pesticides and Fertilizers
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, clinker 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
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 erodible area declared under the Soil Conservation Act (Chapter 540)
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 if 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 from 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.
The Project Proponent (PP) first has to find out whether the project proposal falls within the “prescribed project” list by verifying with the CEA or referring to the Government Gazette No. 772/22 of 24.06.1993, 859/14 of 23.02.1995, 1104/22 of 06.11.1999 and 1108/1 of 29.11.1999. The CEA may provide the PP with a Basic Information Questionnaire (BIQ) to submit essential information of the project, in order for CEA to determine the above (The BIQ may be obtained from the EIA Unit of the CEA Head Quarters or the Provincial / District offices of the CEA. It could also be downloaded from the CEA website – BIQ link.). If the project is a prescribed project requiring an EIA/IEE, the CEA will then determine which will be the appropriate Project Approving Agency (PAA) for administering the EIA process. The PAA will direct the PP in preparation of an EIA/IEE report.
If the project is located within the coastal zone, then the PP should contact the Director General, CC&CRMD.
If the project is located within one mile from the boundary of a National Reserves, the PP should contact the Director General, DWC.
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