The National Environmental (Amendment) Act, No. 15 of 2026, certified by Parliament on July 21, 2026, introduces a comprehensive set of amendments to the National Environmental Act, No. 47 of 1980. This new Act aims to provide a more robust legal framework for environmental management, protection, and conservation in Sri Lanka. It includes a range of new regulations, increased penalties, and provisions to combat environmental pollution, manage natural resources, and promote sustainable development.

Key Amendments and New Provisions:

1. Strengthening the Powers and Structure of the Central Environmental Authority (CEA):
   • Member Composition: The composition of the Authority’s members has been altered, including three members with at least ten years of expertise and qualifications in environmental management.
   • New Powers: The CEA is empowered to conduct Strategic Environmental Assessments (SEA) for policies, plans, or programs, initiate legal proceedings against local authorities that violate regulations in the Magistrate’s Court, and implement Extended Producer Responsibility (EPR) mechanisms.
   • Regulation of Local Authorities: The Authority can now file cases in the Magistrate’s Court against local authorities that contravene the Act’s provisions, and the court can issue compliance orders.
2. Improvements to the Environmental Impact Assessment (EIA) Process:
   • Project Approving Agencies (PAA): The process for appointing Project Approving Agencies (PAA) has been streamlined. These agencies must not have any conflict of interest or direct connection to the project.
   • Prior Environmental Recommendation:Obtaining an environmental recommendation is now mandatory before commencing construction activities. These recommendations are valid for a period not exceeding 12 months and can be renewed.
   • Increased Penalties: Fines for carrying out activities without prior environmental recommendations or licenses have been significantly increased from LKR 10,000 to LKR 50,000-20,000,000.
   • New Offenses: Actions such as providing false information for approved projects, making alterations without prior approval, or abandoning projects are now designated as offenses. These can incur fines up to LKR 10 million or imprisonment up to 3 years.
3. New Regulations for Hazardous Waste, Chemicals, and Wastewater Management:
   • Hazardous Waste Management (Part IVAA):
     • The Minister is empowered to specify hazardous waste categories, grant licenses, and prescribe management procedures.
     • A license is mandatory for generating, handling, or managing hazardous waste.
     • Violations can result in fines up to LKR 20 million, daily fines, and imprisonment up to 2 years.
     • Strict regulations and fines have been introduced for the import, export, and transit of hazardous waste (fines starting from LKR 1 million based on shipment weight).
   • Management of Chemicals (Part IVAB):
     • The Minister will publish a list of chemicals to be controlled.
     • A permit from the Director-General is mandatory for prescribed chemical activities.
     • Violations can lead to a fine up to LKR 500,000 or imprisonment up to 2 years.
   • Control of Wastewater Discharge (Part IVAC):
     • A wastewater discharge fee will be levied based on the wastewater load from factories and other sources.
     • Failure to pay prescribed fees may incur a surcharge, and violations can result in fines up to LKR 1 million or imprisonment up to 2 years.
4. Wetlands Conservation (Part IVE):
   • The Minister is empowered to declare wetlands for protection and conservation and specify permissible activities within them.
   • Conducting activities within declared wetlands without approval can result in fines of LKR 1-10 million or imprisonment up to 2 years.
5. Extended Producer Responsibility (EPR) (Part IVF):
   • The Minister is empowered to introduce a mechanism requiring producers to be responsible for the life cycle management of their goods, including recycling, reuse, or acceptable disposal.
   • Contravention of these provisions can lead to a fine of at least LKR 100,000 and imprisonment up to 2 years.
6. Increased Penalties and Enforcement Powers:
   • Increased Pollution Fines: Fines for most offenses, such as noise pollution and waste disposal, have been substantially increased from LKR 10,000-100,000 to LKR 100,000-1,000,000.
   • Pollution Caused by Vibration (New Section 23RA): Causing excessive ground or air vibration leading to environmental pollution is now an offense.
   • Removal of Unauthorized Constructions (New Section 24BA): The Director-General is empowered to apply to the Magistrate’s Court for orders to demolish unauthorized constructions that harm the environment or cause public inconvenience.
   • Assessing Damages to Natural Resources and Cost Recovery (New Section 24CA): The Director-General is empowered to assess damages to natural resources, recover costs from responsible parties, and direct corrective measures.
   • General Penalty (Section 23RR): For any offense under the Act or regulations for which no specific penalty is expressly provided, a fine of at least LKR 250,000 and not exceeding LKR 15 million, or imprisonment up to 2 years, or both, can be imposed.
   • Environmental Restoration: The Magistrate’s Court can order the restoration of damaged environments or the minimization of damage, and in cases of non-compliance, all expenses incurred by the Authority can be recovered from the responsible person.
7. Status of Officials and Investigation Powers:
   • All members, officers, and employees of the Authority are deemed “public servants” for the purposes of the Penal Code and the Code of Criminal Procedure Act.
   • The Authority is designated as a “Scheduled Institution” under the Anti-Corruption Act, No. 9 of 2023.
   • The Director-General has enhanced powers to conduct inspections, examinations, take samples, videos, and photographs.

Conclusion:

The National Environmental (Amendment) Act, No. 15 of 2026, marks a significant milestone in Sri Lanka’s environmental legislation. The increased penalties, new regulatory frameworks, and strengthened enforcement powers will help combat environmental pollution and guide the country towards sustainable development. This Act will require all stakeholders, especially industries and local authorities, to adhere strictly to their responsibilities in protecting the environment.

Read Amendment Act