Crisis Response SME Development Facility

Public Disclosure Authorized (SMEDeF)

Public Disclosure Authorized Environmental Risk Management Framework (ERMF)

Volume 2

Public Disclosure Authorized

Public Disclosure Authorized

Ministry of Finance and Planning June 2010

Acronyms and Abrevations

National Environmental Policies and Regulations

and

World Bank Environmental Safeguards Policies

Act No. 47 of 1980.

CENTRAL ENVIRONMENTAL AUTHORITY

AN ACT TO ESTABLISH A CENTRAL ENVIRONMENTAL AUTHORITY TO MAKE Act No. 47 of PROVISION WITH RESPECT TO THE POWERS, FUNCTIONS AND DUTIES OF 1980. THAT AUTHORITY ; AND TO MAKE PROVISION FOR THE PROTECTION AND MANAGEMENT OF THE ENVIRONMENT AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO.

1. This Act may be cited as the National Environmental Act, and shall come Short title and into operation on such date as the Minister may appoint by Order date of operation. published in the Gazette.

PART I

ESTABLISHMENT OF THE CENTRAL ENVIRONMENTAL AUTHORITY AND AN ENVIRONMENTAL COUNCIL

2. (1) For the purposes of this Act there shall be established an Establishment of Authority called the Central Environmental Authority. the Authority.

(2) The Central Environmental Authority established under subsection (1) (hereinafter referred to as “the Authority”) shall consist of the persons who are for the time being members of the Authority under subsection (1) of section 3.

(3) The Authority shall, by the name assigned to it by subsection (1), be a body corporate and shall have perpetual succession and a common seal and may sue or be sued in such name.

3. (1) The Authority shall consist of three members appointed by the Members of the President in consultation with the Minister- Authority.

(a) two of whom shall have adequate expertise and qualifications in the subject of the environment ; and

(b) one of whom shall have suitable administrative skill and experience in environmental management.

(2) The President shall appoint one of such members to be the Chairman of the Authority.

4. (1) The seal of the Authority shall be in the custody of the Authority. Seal of the Authority. (2) The seal of the Authority may be altered in such manner as may be determined by the Authority.

(3) The seal of the Authority shall not be affixed to any instrument or document except in the presence of two members of the Authority both of whom shall sign the instrument or document in token of their presence.

5. (1) The Authority shall have its own Fund. There shall be credited to Fund of the the Fund of the Authority- Authority.

(a) all such sums of money as may be voted, from time to time, by Parliament for the use of the Authority ;

(b) all such sums of money as may be received by the Authority in the exercise, discharge and performance of its powers, functions, and duties ; and

(c) all such sums of money as may be received by the Authority by way of loans, donations, gifts, or grants from any sources whatsoever, whether in or outside .

(2) There shall be paid out of the Fund of the Authority all such sums of money required to defray any expenditure incurred by the Authority in the exercise, discharge and performance of its powers, functions and duties.

(3) The initial capital of the Authority shall be twenty million rupees. The amount of the initial capital shall be paid out of the Consolidated Fund in such instalments as the Minister in charge of the subject of Finance may in consultation with the Minister determine and such sums shall be credited to the Fund established under subsection (1).

6. (1) The financial year of the Authority shall be the calendar year. Financial year and the audit of accounts of the (2) The Authority shall cause proper books of accounts to be kept of Authority. the income and expenditure, assets and liabilities and all other transactions of the Authority.

(3) The Auditor – General shall audit the accounts of the Authority every year in accordance with Article 154 of the Constitution.

(4) The Authority shall annually prepare a report of the work of the Authority and forward such report to the Auditor – General who shall, together with his report table such reports in Parliament and such reports shall be published in the Gazette for general information before the lapse of the year succeeding the year to which such report of the finances relate.

7. (1) There shall be established the Environmental Council Environmental (hereinafter referred to as “the Council”) which shall consist of Council. the following members appointed by the Minister :-

(a) a senior officer of the Ministry charged with the subject of Local Government nominated by the Minister in charge of that subject ;

(b) a senior officer of the Ministry charged with the subject of Finance nominated by the Minister in charge of that subject ;

(c) a senior officer of the Ministry charged with the subject of Plan Implementation nominated by the Minister in charge of that subject ;

(d) a senior officer of the Ministry charged with the subject of Lands nominated by the Minister in charge of that subject ;

(e) a senior officer of the Ministry charged with the subject of Health nominated by the Minister in charge of that subject;

(f) a senior officer of the Ministry charged with the subject of Industries nominated by the Minister in charge of that subject ;

(g) a senior officer of the Ministry charged with the subject of Transport nominated by the Minister in charge of that subject ;

(h) a senior officer of the Ministry charged with the subject of Power and Energy nominated by the Minister in charge of that subject ;

(i) a senior officer of the Ministry charged with the subject of Highways nominated by the Minister in charge of that subject ;

(j) a senior officer of the Ministry charged with the subject of Agriculture nominated by the Minister in charge of that subject ;

(k) a senior officer of the Ministry charged with the subject of Fisheries nominated by the Minister in charge of that subject ;

(l) a senior officer of the Ministry charged with the subject of Tourism nominated by the Minister in charge of that subject ;

(m) a senior officer of the Ministry charged with the subject of Labour nominated by the Minister in charge of that subject;

(n) a senior officer of the Ministry charged with the subject of Textile Industry nominated by the Minister in charge of that subject ;

(o) a senior officer of the Ministry charged with the subject of Plantation Industry nominated by the Minister in charge of that subject ;

(p) a senior officer of the Ministry charged with the subject of Foreign Affairs nominated by the Minister in charge of that subject ;

(q) a senior officer of the Ministry charged with the subject of Education nominated by the Minister in charge of that subject ;

(r) a senior officer nominated by the Minister in charge of the Greater Economic Commission established under the Greater Colombo Economic Commission Law ;

(s) the person holding office for the time being as the General Manager of the Authority ; and

(t) three members nominated by the Minister to represent the interests of voluntary agencies in the field of environment.

(2) The Minister shall appoint one of the members appointed under subsection (1) to be the Chairman of the Council.

(3) The functions of the Council shall be –

(a) generally to advise the Authority on matters pertaining to its responsibilities, powers, duties and functions ; and

(b) to advise the Authority on any matters referred to the Council by the Authority.

8. (1) A person shall be disqualified from being appointed or from Disqualification continuing as a member of the Authority or Council – of members, &c.

(a) if he is, or becomes, a member of Parliament ; or

(b) if he is not, or ceases to be, a citizen of Sri Lanka.

(2) The persons appointed under sections 3 (1) and 7 (1) shall, subject to the provisions of subsections (4) and (5) of this section, as the case may be, hold office for a term of three years and shall be eligible for reappointment.

(3) (a) no member of the Authority shall be a member of the Council ; and

(b) no member of the Council shall be a member of the Authority.

(4) The President in consultation with the Minister shall remove from office any member of the Authority –

(a) if he becomes subject to any of the disqualifications set out in subsection (1) ; or

(b) if he becomes permanently incapable of performing his duties owing to any physical disability or unsoundness of mind ; or

(c) if he does any act which, in the opinion of the President, is likely to bring the Authority into disrepute.

(5) The Minister shall remove from office any member of the Council-

(a) if he becomes subject to any of the disqualifications set out in subsection (1) ; or

(b) if he becomes permanently incapable of performing his duties owing to any physical disability or unsoundness of mind ; or

(c) if he does any act which in the opinion of the Minister is likely to bring the Council into disrepute :

Provided, however, that no member of the Council shall be removed from office, without the concurrence of the Minister who nominated such member. (6) In the event of the vacation of office of the Chairman or any other member of the Authority from office under the provisions of this section the President in consultation with the Minister may appoint another person to hold such office during the unexpired part of the term of office of the member whom he succeeds.

(7) In the event of the vacation of office of the Chairman or any other member of the Council from office under the provisions of this section the Minister may appoint another person to hold such office during the unexpired part of the term of office of the member whom he succeeds :

Provided, however, that no appointment shall be made under this subsection, without the concurrence of the Minister who nominated such member.

(8) If the Chairman or any member of the Authority is temporarily unable to discharge the duties of his office due to ill health or absence from Sri Lanka or for any other cause, the Minister may appoint some other person to act in his place as Chairman or as member.

(9) If the Chairman or any member of the Council is temporarily unable to discharge the duties of his office due to ill health or absence from Sri Lanka or for any other cause the Minister may appoint some other person to act in his place as Chairman or as member.

Provided, however, that no such appointment shall be made without the concurrence of the Minister who nominated such member.

(10) The Chairman or any member of the Authority may at any time resign his office by letter in that behalf addressed to the President.

(11) The Chairman or any member of the Council may at any time resign his office by letter in that behalf addressed to the Minister.

(12) The Chairman or any member of the Authority, or the Chairman or any member of the Council may be paid such remuneration out of the Fund of the Authority as may be determined by the Minister.

(13) The Chairman of the Authority or Council shall, if present, preside at all meetings of the Authority, or Council, as the case may be. In the absence of the Chairman of the Authority or Council at any such meeting, the members present shall elect one of the members to preside at the meeting.

(14) (a) The quorum for any meeting of the Authority shall be two members.

(b) The quorum for any meeting of the Council shall be seven members.

(15) (a) The Authority or Council, as the case may be, may regulate the procedure in regard to the meetings of such Authority or Council and the transaction of business at such meetings.

(b) Meetings of the Authority shall be held at such times and places as the Authority determines.

(c) The Council shall meet at least four times each year at such times and places as are fixed by the Authority.

(16) The Authority shall, in the exercise, discharge and performance of its powers, functions and duties under this Act, be subject to such general or special directions as may, from time to time, be issued by the Minister.

(17) A member of the Authority shall not, except in special circumstances and with the consent in writing of the President in consultation with the Minister during his continuance in office, directly or indirectly engage in any paid employment outside the duties of his office.

(18) No act or proceeding of the Authority or Council shall be invalid by reason of the existence of a vacancy among their respective members or any defect in the appointment of a member.

9. (1) The Authority shall appoint a District Environmental Agency for District each administrative district consisting of such members as the Environmental Agency. Authority may determine.

(2) The Government Agent of each administrative district shall be the Chairman of each District Environmental Agency.

(3) A District Environmental Agency shall exercise, discharge or perform any such powers, functions or duties of the Authority as may be delegated to such agency by the Authority.

(4) The members of a District Environmental Agency may be paid such remuneration as the Minister may in consultation with the Minister in charge of the subject of Finance, determine.

PART II

POWERS, FUNCTIONS AND DUTIES OF THE AUTHORITY

10. (1) The powers, functions and duties of the Authority shall be – Powers, functions and duties of the Authority. (a) to administer the provisions of this Act and the regulations made thereunder ;

(b) to recommend to the Minister, national environmental policy and criteria for the protection of any portion of the environment with respect to the uses and values, whether tangible or intangible, to be protected, the quality to be maintained, the extent to which the discharge of wastes may be permitted without detriment to the quality of the environment and long range development used and planning and any other factors relating to the protection and management of the environment ;

(c) to undertake surveys and investigations as to the causes, nature, extent and prevention of pollution and to assist and co-operate with other persons or bodies carrying out similar surveys or investigations ;

(d) to conduct, promote and co-ordinate research in relation to any aspect of the environmental degradation or the prevention thereof, and to develop criteria for the protection and improvement of the environment ;

(e) to specify standards, norms and criteria for the protection of beneficial uses and for maintaining the quality of the environment ;

(f) to publish reports and information with respect to any aspects of environmental protection and management ;

(g) to undertake investigations and inspections to ensure compliance with this Act and to investigate complaints relating to non-compliance with any of its provisions ;

(h) to specify methods to be adopted in taking samples and making tests for the purposes of this Act ;

(i) to provide information and education to the public regarding the protection and improvement of the environment ;

(j) to establish and maintain liaison with other countries and international organizations with respect to environmental protection and management ;

(k) to report to the Minister upon matters concerning the protection and management of the environment and upon any amendments it thinks desirable in existing legislation concerning any portion of the environment, and upon any matters referred to it by the Minister ;

(l) to promote, encourage, co-ordinate and carry out long range planning in environmental protection and management ;

(m) to encourage, promote and give effect to methods of converting and utilizing residues.

(2) Before the end of the month of December of each year, the Authority shall submit to the Minister, a report of the work of the Authority and the Council during the previous financial year, and the Minister shall cause such report to be tabled before Parliament within fourteen days after its receipt or, if Parliament is not in session within fourteen days after the next meeting of Parliament.

11. The Authority may, with the consent of the Minister, or in accordance Borrowing with the terms of any general authority given by him, borrow powers of the Authority. temporarily, by way of overdraft or otherwise, such sum as the Authority may require for meeting the obligations of the Authority in discharging its duties under this Act :

Provided that the aggregate of the amounts outstanding in respect of any temporary loans raised by the Authority under this subsection shall not at any time exceed such sum as may be determined by the Minister in consultation with the Minister in charge of the subject of Finance.

12. (1) The Authority may with the concurrence of the Minister, from time Power to give to time, give to any local authority in writing such directions directions to local authorities. whether special or general to do or cause to be done any act or thing which the Authority deems necessary for safeguarding and protecting the environment within the local limits of such local authority.

(2) Every local authority to which a direction has been given under subsection (1) shall comply with such direction.

PART III

STAFF OF THE AUTHORITY

13. (1) There shall be a General Manager of the Authority appointed by the General Manager, Minister, who shall be the chief executive officer of the Authority. Secretary and staff of the Authority. (2) The General Manager shall, subject to the general direction and control of the Chairman, be charged with the direction of the business of the Authority, the organization and execution of the powers, functions and duties of the Authority and the administration and control of the employees of the Authority.

(3) The General Manager shall also function as Secretary to the Authority.

(4) The Secretary shall be entitled to be present and to speak at meetings, but shall not be entitled to vote as such meetings.

14. (1) The Authority may appoint such officers and servants as it Appointment of considers necessary for the efficient exercise, discharge and officers, servants and agents. performance of its powers, functions and duties.

(2) The officers and servants of the Authority shall be remunerated in such manner and at such rates, and shall be subject to such conditions of service, as may be determined by such regulations as may be prescribed.

(3) At the request of the Authority any officer in the public service may, with the consent of that officer and the Secretary to the Ministry charged with the subject of Public Administration, be temporarily appointed to the staff of the Authority for such period as may be determined by the Authority with like consent, or be permanently appointed to such staff.

(4) Where any officer in the public service is temporarily appointed to the staff of the Authority, the provisions of subsection (2) of section 13 of the Transport Board Law shall, mutatis mutandis, apply to and in relation to him.

(5) Where any officer in the public service is permanently appointed to the staff of the Authority, the provisions of subsection (3) of section 13 of the Transport Board Law shall, mutatis mutandis, apply to and in relation to him.

(6) Where the Authority employs any person who has entered into a contract with the Government by which he has agreed to serve the Government for a specified period, any period of service with the Authority by that person shall be regarded as service to the Government for the purpose of discharging the obligations of such contract. (7) At the request of the Authority any member of the Local Government Service or any other officer or servant of any local authority may with the consent of such member, officer or servant and the Local Government Service Advisory Board or that local authority, as the case may be, be temporarily appointed to the staff of the Authority for such period as may be determined by the Authority with like consent or be permanently appointed to such staff on such terms and conditions including those relating to pension or provident fund rights as may be agreed upon by the Authority and the Local Government Service Advisory Board or that local authority.

(8) Where any person is temporarily appointed to the staff of the Authority in pursuance of the provisions of subsection (7), such person shall be subject to the same disciplinary control as any other member of such staff.

PART IV

ENVIRONMENTAL MANAGEMENT

15. The Authority in consultation with the Council shall, with the assistance Land use of the Ministry charged with the subject of Lands, formulate and management. recommend to the Minister a land use scheme consistent with the following objects :-

(a) to provide a rational, orderly and efficient system of the acquisition, utilization and disposition of land and its resources in order to derive therefrom maximum benefits ; and

(b) to encourage the prudent use and conservation of land resources in order to prevent an imbalance between the needs of the nation and such resources.

16. The Land Use Scheme formulated under section 15 may include – Land Use Scheme

(a) a scientifically adequate land inventory and classification system ;

(b) a determination or present land uses, the extent to which such land is utilized, underutilized or rendered idle or abandoned ;

(c) a comprehensive and accurate determination of the adaptability of land for community development, agriculture, industry or commerce ;

(d) identification of areas having important historic, cultural, or aesthetic value where uncontrolled development could result in irreparable damage ;

(e) a method for exercising control by the Government over the use of land in areas where environment control is deemed necessary ; and

(f) a policy for influencing the location of new areas for the resettlement of persons and the methods for assuring appropriate controls over the use of land in and around such areas.

NATURAL RESOURCES

17. The Authority in consultation with the Council shall recommend to the Natural Minister the basic policy on the management and conservation of the Resources, Management country’s natural resources in order to obtain the optimum benefits and therefrom and to preserve the same for future generations and the Conservation. general measures through which such policy may be carried out effectively.

FISHERIES

18. The Authority in consultation with the Council shall, with the assistance Management of the Ministry charged with the subject of Fisheries, recommend to the policy for fisheries and Minister a system of rational exploitation of fisheries and aquatic aquatic resources within the territorial waters of Sri Lanka, or within its resources. exclusive economic zone, or within its inland waters and shall encourage citizen participation therein to maintain and enhance the optimum and continuous productivity of such waters.

19. Measures for the rational exploitation of fisheries and other aquatic Measures for resources may include the regulation of the marketing of threatened rational exploitation of species of fish or other aquatic life. fisheries, &c.

WILDLIFE

20. The Authority in consultation with the Council shall, with the assistance Management of the Ministry charged with the subject of Wildlife Conservation, policy for wildlife. recommend to the Minister a system of rational exploitation and conservation of wildlife resources and shall encourage citizen participation in such activities.

FORESTRY

21. The Authority in consultation with the Council shall, with the assistance Management of the Ministry charged with the subject of Forestry, recommend to the policy for forestries. Minister a system of –

(a) (i) rational exploitation of forest resources,

(ii) regulation of the marketing of threatened forest resources,

(iii) conservation of threatened species of flora, and the encouragement of citizen participation therewith to keep the country’s forest resources at maximum productivity at all times ;

(b) promoting a continuing effort on reforestation, timber stand improvement, forest protection, land classification, forest occupancy management, industrial tree plantation, parks and wildlife management, multiple use forest, timber management and forest research.

SOIL CONSERVATION

22. The Authority in consultation with the Council shall, with the assistance Management of the Ministry charged with the subject of Soil Conservation, policy on soil conservation. recommend soil conservation programmes including therein the identification and protection of critical watershed areas, encouragement of scientific farming technique, physical and biological means of soil conservation, and short term, and long term research and technology for effective soil conservation.

23. The Authority may undertake and promote continuing studies and Environmental research programmes on environmental management and shall, from research. time to time, determine priority areas of environmental research.

PART V

GENERAL

24. (1) For the purpose of giving effect to the principles and objects of this Furnishing of Act, the Authority may, by notice in writing served on the occupier information of any premises, require that occupier to furnish to the Authority within fourteen days or such longer period as is specified in the notice such information as to any manufacturing, industrial, or trade process carried on in such premises or as to any wastes discharged or likely to be discharged from the said premises as is specified in the notice.

(2) The Authority shall treat all information furnished to it pursuant to any requirement made under subsection (1) with the strictest secrecy and shall not divulge such information to any person other than to a court, subject to subsection (3) for the purpose of any prosecution for an offence under this Act.

(3) Any information furnished or statement made to the Authority pursuant to any requirement made under subsection (1) shall not if the person furnishing the information of making the statement, object, at the time of furnishing the information or statement, to doing so on the ground that it might tend to incriminate him, be admissible in evidence upon any proceedings against that person for an offence under this Act.

25. The Authority may appoint – Analysts, &c.

(a) analysts for making analysis of samples taken for the purposes of that Act ; and

(b) pollution control officers for inspection and evaluating the records of monitoring prescribed equipment and installations for detecting the presence, quantity nature of waste and their effects on the receiving portions of the environment.

26. (1) Subject to subsection (5) the Authority may by order delegate any Delegation of of its powers, duties and functions under this Act to any powers, duties and functions. Government department or any local authority.

(2) Where the Authority has delegated any power to any Government department or to any local authority any officer of such Government department or local authority may exercise any of the powers which the General Manager would be able to exercise had he been exercising the power himself. (3) Nothing in this section shall preclude the Authority from any responsibility to protect the environment and from administering the provisions of this Act.

(4) An order made under subsection (1) may be revoked or varied at any time by the Authority.

(5) An order under subsection (1) shall not be made by the Authority –

(a) in respect of any local authority except with the concurrence of the Minister ; and

(b) in respect of any Government department except with the concurrence of the Minister in charge of such Government department.

27. All members, officers and servants of the Authority shall be deemed to be Members, officers public servants within the meaning of and for the purposes of the Penal and servants of the Authority Code. deemed to be public servants.

28. The Authority shall be deemed to be a scheduled institution within the The Authority meaning of the Bribery Act and the provisions of that Act shall be deemed to be a scheduled construed accordingly. institution within the meaning of the Bribery Act.

29. The provisions of this Act shall have effect notwithstanding anything to The Act to prevail the contrary in the provisions of any other written law, and accordingly over other written law. in the event of any conflict or inconsistency between the provisions of this Act and the provisions of such other written law, the provisions of this Act shall prevail over the provisions of such other written law.

30. (1) No suit or prosecution shall lie- Protection for action taken under this Act or (a) against the Authority, for any act which in good faith is on the direction done or purported to be done by the Authority under this of the Authority. Act ;

(b) against the members of the Authority, Council or District Environmental Agency or any officer or servant of the Authority for any act which in good faith is done or purported to be done under this Act, or on the direction of the Authority.

(2) Any expense incurred by the Authority in any suit or prosecution brought by or against the Authority before any court shall be paid out of the Fund of the Authority and any costs paid to, or recovered by, the Authority in any such suit or prosecution shall be credited to the Fund of the Authority.

(3) Any expense incurred by any such person as is referred to in paragraph (b) of subsection (1) in any suit or prosecution brought against him before any court in respect of any act which is done or is purported to be done by him under this Act or on the direction of the Authority shall, if the court holds that such act was done in good faith, be paid out of the Fund of the Authority, unless such expense is recovered by him in such suit or prosecution.

31. Every person who contravenes or fails to comply with any provision of Offences this Act or of any regulation made thereunder shall be guilty of an offence and shall on conviction before a Magistrate be liable to imprisonment of either description for a term not exceeding two years or to a fine not exceeding one thousand five hundred rupees or to both such imprisonment and fine.

32. (1) The Minister may make regulations in respect of all matters which Regulations are stated or required by this Act to be prescribed or for which regulations are required by this Act to be made.

(2) Every regulation made by the Minister shall be published in the Gazette and shall come into operation on the date of such publication or upon such later date as may be specified in the regulation.

(3) Every regulation made by the Minister shall, as soon as convenient after its publication in the Gazette, be brought before Parliament for approval. Every regulation which is not so approved shall be deemed to be rescinded as from the date of such disapproval but without prejudice to anything previously done thereunder. Notification of the date on which any regulation is deemed to be rescinded shall be published in the Gazette.

33. In this Act unless the context otherwise requires- Interpretation

“beneficial use” means a use of the environment or any portion of the environment that is conducive to public benefit, welfare, safety, or health and which requires protection from the effects of waste, discharges, emissions and deposits ;

“environment” means the physical factors of the surroundings of human beings including the land, soil, water, atmosphere, climate, sound, odours, tastes and the biological factors of animals and plants of every description ;

“exclusive economic zone” means the zone declared to be the exclusive economic zone, by proclamation made under section 5 of the Maritime Zones Law ;

“land” includes messuages, buildings and any easements relating thereto ;

“local authority” means any Municipal Council, Urban Council, Town Council or Village Council and includes any Authority created and established by or under any law to exercise, perform and discharge powers, duties, and functions corresponding or similar to the powers, duties and functions exercised, performed and discharged by any such Council.

“pollution” means any direct or indirect alternation of the physical, thermal, chemical, biological, or radioactive properties of any part of the environment by the discharge, emission, or the deposit of wastes so as to affect any beneficial use adversely or to cause a condition which is hazardous or potentially hazardous to public health, safety, or welfare, or to animals, birds, wildlife, aquatic life, or to plants of every description ;

“prescribed” means prescribed by regulations ;

“territorial waters” includes territorial sea and the historic waters of Sri Lanka ; and

“waste” includes any matter prescribed to be waste and any matter, whether liquid, solid, gaseous, or radioactive, which is discharged, emitted, or deposited in the environment in such volume, constituency or manner as to cause an alteration of the environment.

(UNOFFICIAL COPY)

The Gazette of the Democratic Socialist of Republic of Sri Lanka EXTRAORDINARY No. 1456/35 – FRIDAY, AUGUST 04, 2006

PART I : SECTION (1) – GENERAL

Government Notifications

THE NATIONAL ENVIRONMENTAL ACT, NO. 47 OF 1980

REGULATION made by the Minister of Environment under Section 32 of the National Environmental Act, No. 47 of 1980 read with paragraphs (a) and (e) of the Section 10 of the aforesaid Act.

MAITHRIPALA SIRISENA Minister of Environment 30th June, 2006, Colombo.

Regulations

1. These regulations may be cited as National Environmental (Prohibition of cultivation of annual crops in high gradient area) Regulations, No. 1 of 2006.

2. No person shall –

(i) convert plantations, in the high gradient areas into annual crops, where the gradient of such plantation is more than seventy percentum (70%) (approximately – thirty eight degrees [380]); or

(ii) clear new land areas in the high gradient areas for the cultivation of annual crops, where the gradient of such land is more than seventy percentum (70%) (approximately – thirty eight degrees [380]);

(iii) re-cultivate any land with annual crops, where the gradient of such land is more that seventy percentum (70%) (approximately – thirty eight degrees 380) which had been earlier cultivated with annual crops;

3. Any land having a gradient of less than Seventy percentum (70%) may be cultivated with other crops;

Provided however where such land is to be cultivated with annual corps such cultivation shall be done in accordance with the Soil and Water Conservation Management Guidelines as are approved from time to time by the Department of Agriculture, the Department of Agrarian Services and the Department of Irrigation as the case may be, and the provisions of the Soil Conservation Act, (Chapter 450).

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4. Every person who acts in contravention of regulations 2 and 3 shall be guilty of an offence punishable under Section 31 of the Act.

5. For the purpose of these Regulations:-

“Act” means the National Environmental Act, No. 47 of 1980;

“Annual Crops” means crops that last for less than one year.

“Plantations” means mono or poly cultures of perennials including pasture lands.

E:\D(Legal)\Gazettes\Regulations on Annual Crops\su Êòé Èâ¨å Àò°åºå¾àºòè¨ ÌÄå°Éå¼û °¾Ç°ïÆà ªæÌ ÀºòÆ ¡ºø —ïÊË The Gazette of the Democratic Socialist Republic of Sri Lanka EXTRAORDINARY

¡â¨ 1466/26 _ 2006 §¨àïºåàÂÚ 13 Éæ¾ø Ìè¨ëÇå¼å _ 2006.10.13 No. 1466/26 – FRIDAY, OCTOBER 13, 2006

(Published by Authority) PART I : SECTION (I) — GENERAL Government Notifications

L.D-B. 4/81 (ii). THE NATIONAL ENVIRONMENTAL ACT, No. 47 OF 1980

Order under Section 24C and Section 24D

BY virtue of the powers vested in me by Section 24C and Section 24D of the National Environmental Act, No. 47 of 1980, I, , Minister of Environment, do by this Order, declare – (a) that the limits of the area of land described in Schedule I hereto shall be an environmental protection area for the purposes of the aforesiad Act and shall be called the “Muthurajawela Environmental Protection Area” ; (b) that for so long as this Order is in force – (i) any planning scheme or project within the aforesaid protection area which is in conflict with the provisions of the aforesaid Act, shall cease to operate from the date of the making hereof ; (ii) no person other than the Central Environmental Authority shall excercise any powers or discharge any functions within the limits of the aforesaid Muthurajawela Environmental protection area ; (iii) the powers and functions of the Central Environmental Authority (Permitted Uses) shall in relation to the aforesaid environmental proteciton area, be limited to those specified in Schedule II to this Order and and shall be exercised and discharged in accordance with the conditions specified in Scheudle III hereto ; and (c) that the Order published under Sections 24C and 24D and published in Gazette Extraordinary No. 1358/16 of September 15, 2006, is hereby rescinded.

For the purposes of this Order “Central Environmental Authority” means the Authority established under the National Environmental Act, No. 47 of 1980.

MAITHRIPALA SIRISENA, Minister of Environment. Colombo, 12th October, 2006. SCHEDULE I

LIMITS OF THE MUTHURAJAWELA ENVIRONMENTAL PROTECTION AREA

All that area of State land in extent 206, 678 Hectares in extent, called Kahata Meda Welyaya, Muthurajawela situated in the District of Gampaha in the Western Province in the Ragam Pattu of Pattiyawela Village in the Divisional Secretary’s Division of Wattala depicted as Lots 1, 2 and 3 in Survey Plan No. GRM 2722 of 19.08.1997 and bounded as follows : – 1 A 2 A I Éæ¾ø ï¨å´Ì : (I) ï¯¼Æ _ Êòé Èâ¨å Àò°åºå¾àºòè¨ ÌÄå°Éå¼û °¾Ç°ïÆà ¡ºø —ïÊË ªæÌ ÀºòÆ _ 2006.10.13 PART I : SEC. (I) – GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA – 13.10.2006

SCHEDULE I – (Contd.)

North : by Block 2 of Survey Plan No. 2271 ; East : by Block 3 of Survey Plan No. 2271 called Muthurajawela Marsh Land ; South : by a parallel line to the Ela which is located towards the South, proceeding 400 metres from the Northern Bank towards the North, as depicted in the Original Village Plan bearing No 2722 ; West : by the Ela. SCHEDULE II

PERMITTED USES

1. Biodiversity Parks (Marsh gardens, exhibiting typical wetland fauna and flora in their natural environment). 2. A golf course. (This should be confined to the Southern end of the Muthurajawela Environmental Portection Area). 3. Nature Parks. 4. Eco-friendly Restaurants. 5. Field / Visitor Centres. 6. Field Laboratories for nature studies by schools. 7. Mini Conference Centres. 8. Raised board walks, decks on stilts. 9. Nature trails, hides, observation towers, canopy walkways and the like. 10. Camping, Picnicking, Bird-watching, and similar activities, whilst ensuring that the natural habitat is not disturbed. 11. Outdoor fitness / Exercise facilities. 12. Visitor cum Information Centres. 13. Wetland Museums. 14. Eco-tourism (i.e. only small-scale, eco-friendly, troustic development such as cabanas on stilts). 15. Wetland Adventure Parks. 16. Other nature based recreational activities. 17. Water-transport if carefully integrated and operated. 18. Wetland forestry.

SCHEDULE III

CONDITIONS SUBJECT TO WHICH PERMITTED USES ARE TO BE CARRIED OUT Development shall be carried out without disturbing vitally important plant and animal habitats with the declared area. Flood storage capacity shall be maintained in accordance with a storm water drainage management plan approved by the SLLRDC. The following conditions shall also be adhered to – (a) The minimum plot size shall be 50 ac. (b) The maximum permitted filled area, except land used for a golf course, if needed for roads, vehicle parking, toilets and sewage, treatment or septic tanks, shall be 2% of the site area. (c) The maximum permitted plot coverage (area covered by buildings) of the total project area shall be 2%, all on stilts except toilets which may be on filled land. (d) the maximum area permitted for infrastructure including roads, parking areas, walkways, cycle-ways (whether within or outside filled areas) and sewage disposal / treatment facilities, shall be less than 4% of the site rea. I Éæ¾ø ï¨å´Ì : (I) ï¯¼Æ _ Êòé Èâ¨å Àò°åºå¾àºòè¨ ÌÄå°Éå¼û °¾Ç°ïÆà ¡ºø —ïÊË ªæÌ ÀºòÆ _ 2006.10.13 3 A PART I : SEC. (I) – GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA – 13.10.2006

(e) The maximum permitted ground floor area of an individual building shall be 100 sq. m. (f) The maximum permitted building height from the natural ground level (except in the case of a few look-out posts / observation towers / tower hides which are compatible with the overall concept) shall be 7 metres. (g) all buildings except toilets shall be on stilts in wetland (not filled area). They shall be isolated or in aesthetically pleasing clusters, with visually competible, attractive “rood-scapes”. they shall not block views of the open area from adjoining public roads and other public areas and they should be environmentally friendly. (h) in any area permitted for filling, sustainable storm water drainage systems shall be used, integrating on-site storage, infiltration, soak ways and aquifer recharge, will be minimizing downstream discharge and pre- venting increased upstream flooding. (i) on areas of outstanidng landscape / ponds / stream / wildlife habitats / cultural / historical value should be conserved. (j) a vegetation cover of 15 meters should be maintained along the boundary of the declared environmental protection area, with suitalbe indigenous species. (k) if the proposed project is not prescribed under the part IV C of the National Environmental Act, an environmental Impact Assessment should be carried out (in accordance with provision of Section 10H) of the National Environmental Act) for evaluation prior to granting the approval of the CEA. (l) if the proposed project is a prescribed under the Part IV C of the National Environmental Act, approval for the project should be obtained under the provisions of the said Part. (m) the report will be evaluated by an appropriate committee appointed by the CEA. (n) a Monitoring Committee will be appointed to minitor the project activities. (o) an Administrative Levy Scheme will be prepared and adopted by the CEA, in order to process and evaluate the Project Proposal and Monitor the project activities.

10 – 640

PRINTED AT THE DEPARTMENT OF GOVERNMENT PRINTING, SRI LANKA. Y%S ,xld m%cd;dka;%sl iudcjdoS ckrcfha .eigs m;%h. w;sjsfYaI The Gazette of the Democratic Socialist Republic of Sri Lanka EXTRAORDINARY

wxl 1"487$10 - 2007 ud¾;= 05 jeks i|qod - 2007.03.05. No.1, 487/10 – MONDAY, MARCH 05, 2007

(Published by Authority)

PART I: SECTION ( I ) – GENERAL Government Notification L.D.B 4/81. (ii) THE NATIONAL ENVIRONMENTAL ACT, No. 47 OF 1980

Order under section 24C and section 24D

BY VIRTUE of the powers vested in me by section 24C and section 24D of the National Environmental Act, No. 47 of 1980, I, Patali , Minister of Environment and Natural Resources ,do by this Order ,declare-

a) that the limits of the area of land described in the schedule I hereto shall be an environmental protection area for the purposes of the aforesaid Act and shall be called the “Thalangama Environmental Protection Area”, and

b) that for so long as this Order is in force,-

i. any planning scheme or project within the aforesaid protection area which is in conflict with the provisions of the aforesaid Act, shall cease to operate from the date of the making hereof;

ii. no person other than the Central Environmental Authority shall exercise any powers or discharge any functions within the limits of the aforesaid Thalangama environmental protection area;

iii. the powers and functions of the Central Environmental Authority (Permitted Uses) shall in relation to the aforesaid environmental protection area , be limited to those specified in Schedule II to this Order and shall be exercised and discharged in accordance with the conditions specified in Schedule III hereto.

For the purposes of this Order “Central Environmental Authority” means the Authority established under the National Environmental Act, No. 47 of 1980.

Patali Champika Ranawaka Minister of Environment and Natural Resources Colombo, 23rd February, 2007

SCHEDULE I

LIMITS OF THE THALANGAMA ENVIRONMENTAL PROTECTION AREA

North

Commencing from the southern corner of the Pottewela Anicut and proceeding from the centre line of the Depa Ela to the middle line of the Udawatte Road;

East

Proceeding from the centre line of the Depa Ela which flows parallel to Udawatte Road towards Pothuarawa Road, thereafter from the centre of the road along the same line of the Depa Ela to the Eastern boundary of the Avarihena Wewa; then from the Southern boundary of the lake, across the centre line of Avarihena Road up to the point that it meets the Heen Ela; from there along the centre line of the Heen Ela in a South Westerly direction to the centre point of the end of Wewa road; from there onwards from the centre line of the Southern bank of Depa Ela to the centre point of the Hokandara – Thalawathugoda main Road;

South

From the last mentioned point in a line drawn along the centre line of the Hokandara – Thalawathugoda main road towards left bank of the Thalangama Tank on the centre point of the Depa Ela;

West

From there onwards from the point through the centre line of the Thalangama Tank towards the Northern direction of the left bank of the Thalangama Tank until it across the Wewa road and proceeds in a northerly manner from this point across the centre line of the Pothuarawa Road; from there from the centre line of the Depa Ela to the centre line of the Pottewela Anicut Road; from there onwards from the centre line of the Pottewela Anicut Road to the starting point.

SCHEDULE II

PERMITTED USES

1. The cultivation of paddy.

2. Fishing.

3. Nature trails.

4. Construction of towers for the observation of Birds. 5. An Environmental Educational Information centre and a sales

outlet.

6. Construction of a Security Post

SCHEDULE III

CONDITIONS SUBJECT TO WHICH PERMITTED USES ARE TO BE CARRIED OUT

a) Construction of security posts shall be constructed in limited numbers and shall be of a semi-permanent nature, always ensuring that the environment shall not be disturbed. b) Only the area alongside the Depa Ela and the mud bunds (niyara) of the paddy fields can be used for the purpose of Nature trails. c) Construction of bird observation towers shall be constructed in limited numbers and shall be of a semi-permanent nature, always ensuring that the environment shall not be disturbed. Trees existing within the area can be used for this purpose. d) Only traditional fishing activities are permitted within the environmental protection zone. No motor will be allowed therein. e) No barriers or activities which hinder the sustainability of the environmental protection zone will be permitted. Any barrier or activity so erected or carried out shall be forthwith remover or stopped by the CEA. f) Permitted uses shall be carried out in such a manner as not to disturb the general life pattern of life and the livelihood of the villagers. g) The permitted uses should be carried out in consultation with the Central Environmental Authority (CEA),the Urban Development Authority (UDA), the Agrarian Development Department(ADD), the Department of Irrigation (ID), the Sri Lanka Land Reclamation & Development Corporation (SLLR&DC), and the relevant Local Authorities and in keeping with the general standards applicable hereto. h) The prior approval of the CEA should be obtained for any development of any infrastructure facilities. i) If the permitted uses described in the Schedule II is a Prescribed project under the Part IV C of the National Environmental Act, approval should be obtained accordingly. j) If the proposed project is not prescribed under the Part IV C of the National Environmental Act , an Environment Assessment should be carried out (in accordance with provision of section10H of the National Environmental Act) for evaluation prior to granting the approval of the CEA.

k) The report will be evaluated by an appropriate committee appointed by the CEA.

l) A Monitoring committee will be appointed to monitor the project activities.

m) An Administrative levy scheme will be prepared and adopted by the CEA, in order to process and evaluate the Project Proposal and Monitor the project activities.

03-604/1

L.D.B 4/81 (ii)

The National Environmental Act, No 47 of 1980

Order under section 24 C and section 24 D

BY VIRTUE of the powers vested in me by section 24 C and Section 24 D of the National Environmental Act, No. 47 of 1980, I, Patali Champika Ranawaka, Minister of Environment and Natural Resources, do by this Order, declare-

(a) that the area of land, the limits of which are described in Part I and Part II of Schedule I hereto shall together be an environmental protection area for the purposes of the aforesaid Act and shall be called the “Lake Gregory Environmental Protection Area”, and

(b) that for so long as this Order is in force,-

(i) any planning scheme or project within the aforesaid protection area which is in conflict with the provisions of the aforesaid Act, shall cease to operate from the date of the making hereof;

(ii) no person other than the Central Environmental Authority shall exercise any powers or discharge any functions within the limits of the aforesaid Lake Gregory environmental protection area;

(iii) the powers and functions of the Central Environmental Authority (Permitted Uses) shall in relation to the aforesaid Lake Gregory environmental protection area, be limited to those specified in Schedule II to this Order and shall be exercised and discharged in accordance with the conditions specified in Schedule III hereto.

For the purposes of this Order “Central Environmental Authority “ means the Authority established under the National Environmental Act,. No. 47 of 1980.

Patali Champika Ranawaka Minister of Environment and Natural Resources

Colombo, 23rd February, 2007

S C H E D U L E I

LIMITS OF THE LAKE GREGORY ENVIRONMENTAL PROTECTION AREA

PART I

North - From the junction at which meets the eastern end of the Dun Short Cut and Upper Lake Road, up to the point which starts the Magastota estate road on the Upper lake road.

East - From the above mentioned point up to the Magastota junction of the Welimada – Nuwara Eliya Main road.

South - From the last mentioned point toward the Western direction until it meets. Race Course Road of the Welimada – Nuwara Eliya main road.

West - From the last mentioned point along the line drawn upto the Eastern End of the Dun Short Cut of the Upper lake Road.

PART II

North - From the starting point of the Abepura Road of the Nuwara Eliya – Welimada Main Road towards the Eastern direction until it meets starting point of Gamunupura road.

East - From the last mentioned point along Gamunupura Road and Dharmarama temple Road upto entrance of the Dharmarama temple and along the Western boundary of the Dharmarama temple until it meets 50 m contour of the High Flood Level of the Gregory lake. South - From the last mentioned point toward Western direction along the 50 m contour line of the Full Supply Level until it. Intersects the line drawn along weir of the Gregory Lake.

West - From the last mention point line drawn along the weir of the Gregory Lake until it meets foot path and along the foot path and Abepura Road until it meets the Nuwara Eliya – Welimada main road.

SCHEDULE II PERMITTED USES

1. In accordance with the Order published in Gazette Extraordinary No. 1337/16 of April 23, 2004 specifying the Development Plan for the Nuwara-Eliya Municipal Council area, establishing and maintaining:-

(a) Eco-friendly restaurants, semi permanent structure as specified in the approved development plan.

(b) Parks and play grounds.

(c) Fairs and exhibitions of a temporary nature.

(d) Recreational clubs in accordance with approved development plan

(e) Aquariums

(f) Camping, picnicking site

(g) Small food courts

(h) Utility service related structures

2. Visitor Centres and information centre

3. Outdoor fitness facilities

4. Caravan parking sites

5. Other nature based recreation activities

6. Water transport if carefully integrated and operated

7. Water sports: Rowing, Sailing, Pleasure Boating, Pedals

8. Jetties & piers

9. Marsh parks

10. Theme parks

11. Forests

12. Game (Angling) Fishing Decks

13. Decks on stilts

14. Foot path, walk ways, Cycle ways, Bridleways

15. Ponds & cascades

S C H E D U L E III

CONDITIONS SUBJECT TO WHICH PERMITTED USES ARE TO BE CARRIED OUT

1. All development shall be carried out without disturbing vitally important plant and animal habitats.

2. All areas of outstanding landscape / wildlife habitats /cultural / historical value should be conserved.

3. All development projects whether existing or proposed should have its own integrated management plan for soil conservation, storm water drainage, waste management and landscape works. The plan should be prepared in consultation with Department of Agriculture, Sri Lanka Land Reclamation & Development Corporation, Urban Development Authority, Central Environmental Authority and Sri Lanka Tourist Board as the case may be. Such plan should thereafter be implemented and maintained accordingly.

4. No structures which will block the aquatic environment are allowed.

5. A reservation area of 10 metres from the full supply level of the lake should be kept.

6. Only environmental friendly recreational infrastructures (temporary) are allowed at specific location within the reservation area.

7. A reservation area should be landscaped in keeping with the approved development plan.

8. A permanent forest cover should be maintained in the area described under Part II of Schedule I.

9. All existing large trees (more than 3 feet GBH) should be protected.

10. The maximum permitted height of the structure from the ground level shall be according to the approved development plan.

11. If the permitted uses described in the Schedule II is a Prescribed project under the Part IV C of the National Environmental Act, approval should be obtained accordingly.

12. If the proposed project is not a prescribed under the Part IV C of the National Environmental Act , an Environmental Assessment should be carried out (in accordance with provision 10H of the National Environmental Act) for evaluation prior to granting the approval of the CEA.

13. The report will be evaluated by an appropriate committee appointed by the CEA.

14. A Monitoring Committee will be appointed to monitor the project activities.

15. An Administrative Levy Scheme will be prepared and adopted by the CEA, in order to process and evaluate Project Proposal and monitor the project activities.

Êòé Èâ¨å Àò°åºå¾àºòè¨ ÌÄå°Éå¼û °¾Ç°ïÆà ªæÌ ÀºòÆ ¡ºø —ïÊË The Gazette of the Democratic Socialist Republic of Sri Lanka EXTRAORDINARY

¡â¨ 1,507/9 _ 2007 °ìÈè 23 Éæ¾ø Ìß¼å_ 2007.07.23 No. 1,507/9 – MONDAY, JULY 23, 2007

(Published by Authority) PART I : SECTION (I) — GENERAL

Government Notifications L.D.B. 4/81 (ii).

THE NATIONAL ENVIRONMENTAL ACT, NO. 47 OF 1980

Order under Section 24C and Section 24D

BY virtue of the powers vested in me by Section 24C and Section 24D of the National Environmental Act, No. 47 of 1980, I, Patali Champika Ranawaka, Minister of Environment and Natural Resources, do by this order, declare-

(a) that the area of land, the limits of which are described in Part I, Part II and Part III of Schedule I hereto shall together be and environmental protection area for the purposes of the aforesaid Act and shall be called the “Knuckles Environmental Protection Area” ; and

(b) that for so long as this Order is in force:—

(i) any planning scheme or project within the aforesaid Knuckles Environmental Protection Area which is in conflict with the provisions of the aforesaid Act, shall cease to operate from the date of the making hereof ;

(ii) no person other than the Central Environmental Authority shall exercise any powers or discharge any functions within the limits of the aforesaid Knuckles Environmental Protection Area ;

(iii) the powers and functions of the Central Environmental Authority shall in relation to the aforesaid Knuck- les Environmental Protection Area, be limited to those specified in Schedule II as permitted uses to this Order and shall be exercised and discharged in accordance with the conditions specified in Schedule III hereto.

For the purposes of this Order “Central Environmental Authority” means the Authority established under the National Environmental Act, No. 47 of 1980. PATALI CHAMPIKA RANAWAKA, Minister of Environment and Natural Resources.

Colombo, 19th July, 2007. 1 A 2 A I ï¨å´Ì : (I) ï¯¼Æ _ Êòé Èâ¨å Àò°åºå¾àºòè¨ ÌÄå°Éå¼û °¾Ç°ïÆà ¡ºø —ïÊË ªæÌ ÀºòÆ _ 2007.07.23 PART I : SEC. (I) – GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA – 23.07.2007

SCHEDULE I

LIMITS OF OHE KNUCKLES ENVIRONMENTAL PROTECTION AREA

The Knuckles Environmental Protection Area consists of all that area of land described in Part I, Part II and Part III of this Schedule comprising both state lands and private lands, excluding all lands belonging to the Forest Department.

PART I

This part contains the Schedule of boundaries of the Knuckles Environmental Protection Area, which are situated in the Divisional Secretary’s Divisions of Minipe, Udu Dumbara, Patha Dumbara and Panwila in the Administrative District of Kandy in the Central Province, based on /map No: Maha/UDD/98/985 prepared by the Survey-General, which is bounded as follows :

North : by the Knuckles Forest Reserve.

East : Commencing at a point of 230m to the south of the boundary of Kandy/Matale District, proceeding about 200m towards the South East about to distance of 220m towards the South West meeting the water course and proceeding along the water course about 180m. South West and again proceeds about 35m. North West, and again about 25m South 20m along the direction towards Makul Ganga Ela and along Makul Ganga Ela proceeding to a distance of 70m. Westwards again about 70m towards South East meeting Heen Ganga. Again proceed about 270m along Heen Ganaga South Westerly continuing a distance of 280m towards North West again continuing 270m. South Westerly until Hunketamene Ela and across the Hunketamune Ela and 35m, Western 35m, South East and 90m, South West and proceeding in the direction westward to a distance of 110m and again proceed South for distance of 90m again proceeds 55m. Westwardly agin 45m, North West again proceeding 150m towards South West until you meet the water course and proceed 70m along the water course towards South West 20m towards South East till you met the water course and proceed along the water course for a distance of 60m up to the Ravana Ella proceed along the Ravana Ella to distance of 80m. Eastwards again South Westerly proceed to distance of 35m and Westwards to distance of 20m and proceed towards South East to a distance of 180m till you come across the Meegahamula water course and proceed to a distance of 270m. South East till you meet Heen Ganga and along the river to a distance of 150m South West and again North Westwardly to a distance of 65m again proceed South West to a distance of 65m and continue to proceed South East to a distance of 75m and meeting Heen Ganga proceed Southwards to a distance of 170m to GBP 14 Block 38, along the boundary of Block 38 proceeding. North West to a distance of 45m again proceed in the direction of South West to distance of 240m and again towards South East to distance of 55m proceeding again along Heen Ganga to distance of 300m and proceeding South to a distance of about 70m meeting the water course and proceeding along the watercourse to distance of 180m. South West meeting Heen Ganga proceeding along the left bank to distance of 1 km South West.

Again proceeding to a distance of 100m North East and meeting the Ela and proceed along the Ela to a distance of 80m towards east up to GBP 14 Block 90 along the Eastern boundary up to 300m proceed, toward North proceeding for a distance of 100m. West up to meeting Ela and procedding along the Ela 500m. Southward/Westward and there on proceeding to distance of 170m. Eastward up to coming across “Mimure Oya” and proceeding along Mimure to distance of 700m. Westward and proceeding North West to a distance of 380m and Ela is met, and proceeding along the Ela to a distance of 70m. When the Mimure Oya is met and proceeding further to a distance of 370m. North Westwards againg through the Mimure Oya proceed 370m. North Westwards and after 35m North East and proceeding 110m. North West you come across Madugaha Ella Ela and upstream Northwards to a distance of 200m. and North Eastward proceed to a distance of 300m. and again continue to a distance of 350m. South Westwards again along I ï¨å´Ì : (I) ï¯¼Æ _ Êòé Èâ¨å Àò°åºå¾àºòè¨ ÌÄå°Éå¼û °¾Ç°ïÆà ¡ºø —ïÊË ªæÌ ÀºòÆ _ 2007.07.23 3 A PART I : SEC. (I) – GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA – 23.07.2007

Madu Ganga Ella Ela proceed 250m Northwards and again 130m. West 200m. North West and meet Wadekaha Madittha Ela and proceed about 50m along the Ela Northwards and again 20m. East and 250m North and 140m South West, across the Ela proceed 40m. South against proceed 40m. East proceed 150m South again 30m. West and proceed South West 220m meet Lake Ella proceed Southwards along the Ela to a distance of 150m. and again 50m North West proceed again South West and proceed 200m. South East till you meet Mimure Oya and along Mimure Oya 85m. West and proceed 35m. South again proceed 170m. South East till you meet the Ela proceed 220m. South East from there proceed 80m South West and proceed again to a distance of 120m to South East and proceed 40m. North East and again proceed to a distance 180m. South East again proceed to a distance 80m South West.

Proceed about 80m East, proceed again 60m. towards South East, until you come across water course and proceed across the water course to a distance of 90m. towards. the South West direction up to a distance of 130m. and again in the direction of South East till you come to a water course and across it to a distance of 80m. South West and again proceed in the direction of South East to a distance of 430m. till you come cross V.C. Road and proceed along the V.C. road to a distance to 90m. and proceed in the direction of West and proceed up to 170m proceed from the point in the direction of South West to a distance of 200m again proceed Westwards to a distance of 110m from the point 50m South and again 50m. towards South East then proceed 180m. South From that point proceed 20m. South East thereon proceed 30m. to South proceed to a distance of 100m. South East, from thence proceed to 500m to South West from this point proceed 50m. North. There onwards proceed 30m. Northwest proceed 300m. West till you meet Mala Ela and proceed 70m. South till you meet Athuru Ela (Tributary) and along the Ela proceed 80m. South West there onwards proceed to a distance of 50m. Southwest and proceed North West to a distance of 30m. proceed again 30m towards West and followed 30m. South East, and thence South West till you come across Heenganga proceed along Heenganga 350m. South west and a 200m. south upto the Ela and along the Ela proceed 50m. East and proceed South wards to a distance of 800m up to the Ela and along the Ela 1.4km south and proceed 450m. till you come to the road along the road Eastwards 50m. till you meet the Ela and along the Ela to a distance of 700m. Southwards, When proceeding 700m. South up to a point of meeting Karamba Thatiya Oya proceed 300m along Oya until you meet tributary of the Oya and along the tributary proceed 200m. South West and continue South Westwards to a distance of 100m proceed 520m. South East till you come across on Ela and across it to a distance of 130m. N/E until you meet the V.C. Road and along the road proceed to a distance of 2/7 km North Eastward till you meet a water course and across the watercourse ever the land 620m. N/E and thereon proceed 80m. East and proceed from that point towards South West to distance of 30m. from that point Northwards to a distance of 60m.

Again proceed a distance 30m. To East and Northwards to a distance of 30m. up the Ela and along the Ela proceed 130m. North West again proceed Northwards to a distance of 70m. again proceed to a distance 70m. towards West and 30m. South till you meet and Ela and along the Ela proceed North West 70m. till you across the footpath and along footpath follow Westwards to a distance of 140m proceed North 50m till you meet the Ela and along the Ela proceed Westwards to a distance of 90m. and again North West to a distance of 230m till you meet another footpath and continue North Eastwards along the footpath to a distance of 600m and Eastwards to a distance of 300m. again proceed 100m. South East and on meeting and Ela proceed along the Ela North West to a distance of 320m from thence onwards proceed 90m towards North East and towards South East to a distance of 200m and again proceed North East from a distance of 150m on meeting Ela proceed along the Ela to a distance of 160m. North and proceed about 250m towards North East and from that point proceed 400m West wards and proceed North West to a distance of 600 m till you meet Na Ela and along it proceed 300m towards North West meet Heen Ganga and proceed North along Heen Ganga about 100m. till you meet the canal and along the canal towards North West proceed 200m. Proceed North East 300m. and again about 120 m towards South East and continue to 90m. towards South East and again Eastwards 90m. proceed North Wards to a distance of 160 m and continue North to about 70m proceed Westwards to a distance of 70m, till you meet Heen Ganga and along the Ganga proceed 370m. towards North east and about 90m. to South and proceed 70m East 4 A I ï¨å´Ì : (I) ï¯¼Æ _ Êòé Èâ¨å Àò°åºå¾àºòè¨ ÌÄå°Éå¼û °¾Ç°ïÆà ¡ºø —ïÊË ªæÌ ÀºòÆ _ 2007.07.23 PART I : SEC. (I) – GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA – 23.07.2007

and proceed to a distance of 150m. North till you meet and Ela and proceed along the Ela to a distance 150m. North West and as you meet the Heen Ganga proceed along the right bank of the Heen Ganga to a distance of 1 Km. North and from there proceed on the tributary of the Heen Ganga to a distance of 200 m. East and proceed again to a distance of 110m. North East till you meet and Ela and proceed along Ela to a distance of 170m. North and proceed to a distance of 250m. North till you come across and Ela proceed along Ela to a distance of 110m. East. Then proceed again to a distance of 300m. towards north and proceed again to a distance of 100m. East till you meet and Ela proceed along the Ela to a distance of 200m. South East and proceed to a distance of 110 m. towards North East.

Proceed about 60m. East and proceed again 140m. towards North East till your reach Pus Ela and proceed along Pus Ela to a distance of 320m. towards North West and proceed again about 160m North East and from this point proceed to a distance of 70m. North West till you meet Nugeshaka Ara, and proceed along Nugeshaka Ara for a distance of 330m. South Eastwards and proceed about 40m. North East and again proceed at 120m. Westwards and proceed to a distance of 130m. North till you meet an Ela and proceed across the Ela, to a distance of 150m. Eastwards from thence proceed to a distance of 50m. North and proceed about 40m. North West again proceed about 90m towards North and again proceed to a distance of 80m. North West and from that point proceed to a distance of 80m. North and proceed to a distance of 80m. North Eastwards and proceed to a distance of 60m.towards North West and proceed to a distance of 40m. South West proceed about 20m. South and again proceed about 40m. North West, again proceed about 140m. towards North East again proceed about 220m. South East and again proceed 30m East- wards, proceed about a distance of 240m. towards North and proceed about to a distance of 50m. towards East, proceed to a distance of 250m. North East till you meet an Ela and proceed along the Ela to a distance of 600m. South East and till you meet Pale diya nilla Ara, proceed along the Ara proceed about 100m. South East and from there proceed about 280m South, till you meet Bomaluwa Kandura, proceed 200m, South and proceed to a distance of 1.3 km South and from there proceed to a distance of 150m. South and from this point proceed to a distance of 380m. South East and proceed to a distance of 150m East till you meet and Ela and proceed along the Ela to a distance of 100m. North, From this point proceed to a distance of 500m. North East and as you come across an Ela proceed along the Ela to a distance of 150m. South East and again proceed about 200m. North and proceed about 250m. East and proceed again about 300m. South West and proceed about 220m. East till you meet an Ela and across the Ela proceed to 80m. East and from these proceed to a distance of 70m. South and proceed to a distance of 250m. North East till you meet and Ela and across the Ela proceed Southwards from 30m. and again proceed about 220m. towards Eastwards and again proceed to a distance of 260m. South East and proceed about 70m. East and again proceed to a distance 40m. South and proceed to distance of 50m. North proceed again for a distance of 100m. East, and proceed to a distance of 280m. South West and proceed to a distance of 300m. South West and proceed to a distance of 70m. North West, Proceed to a distance of 170m. South West and again proceed about 70m. South East and proceed about 120m. towards South and again proceed about 70m. North West and proceed about 200m. South West again proceed about 50m. South East thence proceed about 180. South West and as you proceed to a distance of 80m. South East till you come across Meeriya gaha Kadawaka Ela and proceed along the Ela to a distance of 30m.

Proceed towards East and proceed to a distance of 170m. towards South West and thence proceed to a distance of 1Km. Southwards and proceed to a distance of 160m. East till you reach Kalatuwaketiya Oya and proceed along the Oya to a distance of 260m. North East then proceed Southwards to a distance of 90m. till you meet an Ela, proceed along Ela to a distance of 30m. Southwards till you meet an Ela and proceed across the distance of 15m. East and proceed again to a distance of 160m. South East and proceed to a distance of 45m. North East, and till you come across Ela an and proceed across an Ela to a distance of 60m. South East and from there till you meet an Ela proceed across it to a distance of 280m. North till you meet a foot path proceed along foot path to a distance of 100m. towards North West, when you proceed again for a distance of 30m. East till you come across an Ela proceed along it for a distance of 25m. South East, from thence proceed to a distance of 250m. North East and then proceed to a distance I ï¨å´Ì : (I) ï¯¼Æ _ Êòé Èâ¨å Àò°åºå¾àºòè¨ ÌÄå°Éå¼û °¾Ç°ïÆà ¡ºø —ïÊË ªæÌ ÀºòÆ _ 2007.07.23 5 A PART I : SEC. (I) – GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA – 23.07.2007

of 70m. West till you meet an Ela proceed along the Ela, proceed again to a distance of 40m. South West and proceed again to a distance of 40m. South West and again proceed about 40m. North West proceed again to a distance of 120m. North East till you reach an Ela proceed along the Ela of a distance of 100m. North and proceed to a distance of 120m. South East and proceed for a distance of 400m. North East till you reach a road and proceed along the road to a distance of 55m. East, Proceed again to a distance of 90m. North and proceed again for a distance of 80m. East, proceed about for a distance of 100m. South East proceed about 150m. Eastwards, proceed again to a distance of 60m. North East, proceed again to a distance of 30m. South East till you reach an Ela, proceed along the Ela to a distance of 120m. North East, Proceed again to a distance of 120m. East till you meet a foot path across an Ela, proceed along the foot path for a distance of 20m. towards South East and again proceed to a distance of 50m. South West and again proceed to a distance of 50m. South proceed again to a distance of 90m. South West and again proceed to a distance of 160m. South East till you reach an Ela and proceed along the Ela to a distance of 180m. North East and proceed again to a distance of 200m. South East and proceed again to a distance of 50m. South East and proceed again to a distance of 80m. South West and proceed again to a distance of 60m. towards South West and proceed again to a distance of 300m. South East, proceed again to a distance of 100m. East and proceed again to a distance of 100m. towards South East and proceed again to a distance of 45m East. Proceed again to a distance of 400m. North and proceed about 40 towards East till you met foot path, proceed about 180m. South.

Proceed 200m. Southwards and as you come across an Ela proceed along Ela to distance of 20m. West- wards and about 70m. South West and again proceed about 110m. South East, and again 110m. North East and as you meet an Ela proceed along the Ela to a distance of 45m. South East and as you come across an Oya proceed along Oya to a distance of 280m. in the South West direction and again proceed 370m. to South East again proceed 120m. North East and as you come across an Ela proceed along the Ela proceed 50m. North West and proceed to a distance of 60m. South East proceed about 260m. East and proceed about 120m. North West and proceed about 100m. North East again proceed about 210m. North West proceed again 80m. Westwards, as you come across and Ela and along the Ela proceed 90m. North proceed 80m. East again proceed 50m. South East and again 205m. to East and again 80m. to North East and about 110m. South East proceed 260m. East and as you come across Andhawela Oya proceed along Andhawela Oya to a distance of 260m. South West as you come across an Ela proceed along the Ela 30m. North East and again proceed about 20m. to south East and again proceed 360m towards South West and about 150m. towards South East and again 170m. South West and again 120m. South and again proceed 30m. East Proceed 90m. South and as you come across and Ela proceed about 70m. South East and proceed North West about 60m. from that point proceed about 80m. to South West and proceed about 160m. South East proceed about 70m, North as you come across an Ela proceed along Ela about 70m. North and about 190m. South East and proceed about 300m, South and as you come across an Ela and along the Ela proceed Southwards to a distance of 70m. as you come across an Ela and across the Ela proceed about 100m. South East and about 130m. towards South West and about 120m. West and as you come across an Ela proceed along the Ela 180m. towards South West and again proceed about 150m. South West and as you come across foot path proceed 100m. towards South East and again about 100m. South West proceed again 17m. towards West you come across foot hills proceed along the foot hills for a distance of 750m. South East direction.

Again proceed 110m. North East continue to proceeding to about 75m. Eastwardly and proceed again 90m. South proceed 350m. East as you come across an Ela and along the Ela proceed along the Ela proceed South Wards 200m. and proceed 310m. West, proceed 470m. South East proceed 550m to West proceed North West to a distance of 750m. and proceed 130m. Westwards and about 280m. North West and as you come across a foot path and across and Ela proceed about 300m. West as you come acroos the Ela across the Ela North West proceed 450m. As you come across the Ela in close proximity to the Ela proceed Westwardly to a distance of 7m. Proceed again 160m. North West and again proceed 90m. Westward, as you come across an Ela and across the Ela proceed 40m. South West. Again proceed about 6 A I ï¨å´Ì : (I) ï¯¼Æ _ Êòé Èâ¨å Àò°åºå¾àºòè¨ ÌÄå°Éå¼û °¾Ç°ïÆà ¡ºø —ïÊË ªæÌ ÀºòÆ _ 2007.07.23 PART I : SEC. (I) – GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA – 23.07.2007

60m. South Eat proceed Southwards about 150m. As you come across the Ela for distance of 90m. West, Proceed again 130m. South and about 90m. South West till you come across an Ela, proceed 270m, along the Ela North West continue and proceed 200m. North West till you meet a water course and along the water course proceed North East till you come across an Ela, across the Ela and proceed North for a distance of 130m. proceed 550m. West proceed again 200m. South and proceed about 125m. South West till you meet an Ela and along it proceed 70m. North and proceed 560m. North West till you come across a road and proceed along it toward South West 1.4 Km proceed again 700m. North West and again proceed 200m. South West and again proceed 30m. South East and proceed again 130m. North East, proceed again to a distance of 450m. South and from this point proceed 70m. North West, proceed again 80m. South, again proceed 80m. West and proceed 110m. South proceed another 60m. East till you meet a road, proceed Southwards along the road to a distance of 1.1Km till you meet an Ela proceed across the Ela 80m. North West proceed again a distance of 180m. South West and again proceed 310m. towards South till you meet Dehigol Oya along Dehigol Oya proceed to a distance of 1.1Km North West.

And again proceed 100m. North West, and about 450m. South West and again proceed about 600m. North and again proceed 1 Km south till you met the road to Yahangala watta proceed along Yahangalawatta road to a distance of 170m. South East and about 450m. South East and proceed again 50m. North Eest and again proceed 180m. North across the road and proceed 100m. South East till you meet an Ela and proceed along the Ela to a distance of 50m, towards South East and again proceed 170m. South East again proceed about 300m. East, and proceed again 600m. towards South West and proceed 210m. East and again proceed 900m. South and again proceed 350m. South West proceed to a distance of 100m. North and 450m. North West and again proceed 300m. South West till you meet the Amunupura Ela and along it proceed 950m. North and proceed again 200m. South West and 170m. North West and 450m. West till you meet and Ela and along it proceed 200m. North proceed again 450m. North West proceed 300m. North again proceed 450m. South West and till you meet Lulwatta Oya along Lulwatta Oya proceed 450m. North till you meet the road and along it proceed South West Ward to a distance of 1.2 Km and continues South Westwards for a distance of 600m. and proceed again 150m. East and again proceed 300m. South East and proceed 700m. South West till you meet and Ela across it and proceed 70m. towards South West and proceed about 130m. North and proceed 120m. South West continue proceed 200m. till you meet the road, and along it proceed 125m. and proceed Westward 150m. again proceed 50m. South and proceed 600m. South East proceed again 250m. North East till you meet a road and along it proceed 200m. till you meet Kobonila Oya and along it 1.5 Km towards East till you meet an Ela and along it proceed 75m. East, and from that point proceed 300m. South East and proceed about 120m. South West and proceed again 100m. East.

Till you meet the Dambe Ela and along it proceed 100m. East and proceed again 130m. South West till you meet and Ela and along the Ela proceed Eastwards to a distance of 220m and from thence proceed South East to a distance of 600m. till you reach an Ela and along the Ela proceed North Eastwards to a distance of 50m proceed South Eastwards to a distance of 100 m. till you reach Karapita Oya and along the Oya proceed 300m. North East and again proceed 600m. South East till you reach and Ela and along it proceed 200m. South East, and after procedding 1.3 Km till you meet and other Ela and proceed Westwards along the Ela to a distance of 100m. and proceed South East,. 1.1Km proceed again 400m. West and again 50m till you reach Kandahena Ela and along Kandahena Ela proceed 500m. South East and from these proceed 70m. West along the Kandahena Ela and again proceed 250m. South, till you reach and Ela proceed 50m. South East till you reach the main road to Hunnasgiriya Mahiyangana. Proceed South along the road to a distance of 3.1Km up to Kiripatiiya Naiyanthumbe Village Boundary.

South : Proceeding along the highway leading from Mahiyangana up to Hunnasgiriya 1.5 Km from Kalatuwawa Water way proceed South West till you meet Kiripattiya Naiyanthumbe boundary on the 2maps proceed North West up to 250m. and thence proceed North East to a distance of 350m. and when you meet and Oya proceed along the Oya proceed North East to a distance of 150m from that point proceed 300m. West I ï¨å´Ì : (I) ï¯¼Æ _ Êòé Èâ¨å Àò°åºå¾àºòè¨ ÌÄå°Éå¼û °¾Ç°ïÆà ¡ºø —ïÊË ªæÌ ÀºòÆ _ 2007.07.23 7 A PART I : SEC. (I) – GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA – 23.07.2007

up to the Oya and proceed from that point about 80m. along the Oya to the South, and again proceed to a distance of 200m. South West and thence South till you meet Kandy Mahiyangana highway and proceed along the highway to a distance of 320m. West till you come across the Denapitiya Oya to a distance of 900m. North again proceed towards East and North for a distance of 200m. till you come across the Hunnasgiriya Lulwatta Road proceed Westwards along the road for a distance of 160m. thence proceed North West 100m. then proceed 750m. South West, and again proceed 200m South. when you meet the Hunnasgiriya Lulwatta road high way proceed South West 450m and again proceed 80m South East till you meet the Hunnasgiriya Lulwatta highway and across it, till you meet the Ela and along the Ela proceed about 60m. South East and again proceed about 400m. South West till you meet and Ela and proceeding along the Ela proceed North West about 300m. till you come across Kotte Oya, proceed along it for a distance of 650m. North till you meet the Dotalukandawatta claimed by W. Perera and other proceed along the North boundary of the Dothalukandawatta 800m. towards West until you meet the Dehigollahena claimed by R. M. Lokubanda and others proceed on the Dehigollahena, about 350m. North East till you reach Bambaragan Oya proceed Westward along the Bambaragan Oya for a distance of 250m. till you come across and Ela proceed along the Ela for a distance for 500m. South Westward, till you reach Galasehena claimed by H. M. Heenbanda and other proceed along the Northern and North Western boundaries Galassahena for a distance of 450m. towards South West, till you reach the Ethkoluwakandawatta claimed by H. B. Ekanayaka and others proceed on the Ethkoluwakandawatta for a distance of 200m. North and again proceed West ward for a distance of 200m. again proceed about 120m Southward, again proceed for a distance of 90m. South West again proceed about 170m. North Westward proceed about 100m. South Westward, again proceed about 170m. South East again proceed about 150m. South West till you reach Kalaweketiyahena claimed by H. M. Punchibanda and others, proceed till you reach the boundary of Kalawelketiyahena again proceed North Westwarda and again Westwards along the boundaries of Kalawelketiyahena for a distance of 650m. till you reach the Wetalawatta owned by the State Plantation Corporation proceed Northwards along the Wetalawatta Estate boundary for a distance of 300m. and proceed again 150m. South West till reach an Estate Road.

Along the Estate Road proceed North West for 200m. till you meet the Eastern tea boundary of the Wethalawa Watta of the State Plantation Corporation and along the Eastern Tea Boundary proceed 1.3 km North till you meet Wethalawa Watta claimed by W. G. Tikiribanda and others and proceed along the Eastern Tea boundary to distance of 850m. towards North and as you proceed till you come across the Delpathana Oya Watte claimed by H. A. Jeinul Abdeen and other, and proceed 1.7km along South and Eastern Tea Boundary till you meet Delphtan Oya and across it and from there proceed along the Southern, South Eastern boundary of State owned Delpathan Oya and Mirisketiya Watta to distance of 1.8 km and till you meet the Burnside Estate and along the boundary of state from there proceed along the North and Eastern boundary of the Burnside Estate to a distance of 2.3 km till you come across the Miyamipaha Oya and across it and from there along the Eastern tea boundary of the state owned Anguruwella watte proceed 700m. North and proceed 350m. towards West till you meet the road and along the road proceed towards North for a distance of about 50m. until you come across an Ela and along the Ela proceed 50m. North East till you come across the tea boundary of the state owned Anguruwella Watta and proceed about 300m. towards North and North West and again proceed 200m. towards West. And again proceed 200m. South, and again proceed 150 West, Proceed 280m. South West, and proceed 300m. North West and again proceed 600m. North and West till you come across and estate road and along the road proceed 200m. North and also proceed 50m. East, and proceed 200m. North proceed again South for a distance of 1.2 km and proceed again South East for about 550 m. till you meet the Anguruwella Watte claimed by H. C. Mohomed Ali along Anguruwella watte Western Tea boundary proceed towards South West 1.1 km. and again proceed along the Western tea boundary of Anguruwella state owned plantation for a distance of 200 m. and proceed about 800 m. along the Patana boundary proceed North East along the boundary of state owned Burnside Plantation and again along the same boundary proceed 300 m. North East till you meet the Estate Road and along it proceed North Eastward for a distance of 150 m. and till you met the Eastern tea boundary of the same Estate and proceed

5 – G 8639 8 A I ï¨å´Ì : (I) ï¯¼Æ _ Êòé Èâ¨å Àò°åºå¾àºòè¨ ÌÄå°Éå¼û °¾Ç°ïÆà ¡ºø —ïÊË ªæÌ ÀºòÆ _ 2007.07.23 PART I : SEC. (I) – GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA – 23.07.2007

Northwards along the boundary 1.1 km. up to the estate road and along the estate road about 400 m. towards North proceed along the Eastern tea boundary of the same estate about 450 m. North, thence about 300 m. towards North East and towards South East about 250 m. and towards East for about 400 m. and then about 450 m. North and again 100 m. East and again about 220 m. South East and about 300 m. East and till you meet an Ela and proceed across it till you meet a foot path and along the foot path proceed towards North East.

For a distance of 400m. again proceed about 250m. North and again proceed 60m. Eastwards, and again proceed for a distance of 650m. North West till you meet an Ela, proceed along the Ela to a distance of 1.1 km. towards Westwards till you meet the Ferndale Estate owned by the Land Reform Commission pro- ceed along the boundary of Ferndale Estate to a distance of 250m. Eastwards, till you reach an Ela and proceed along the Ela for a distance of 250m. North West and again proceed for a distance of 100m. North West till you reach an Ela proceeding along the ela for a distance of 170m. North West till you reach the Rangala watta owned by the Land Reform Commission and then you proceed along the tea boundary of the Rangala Watta towards North West for a distance of 750m. proceed again about 20m. West and again proceed 550m. Southwards, proceed about 1 km. South West and proceed about 100m. North proceed again for a distance of 350m. South West and proceed again about 300m. South till you reach a Highway, proceed about 60m. South West and proceed Northwards about 40m. again proceed North West for a distance of 70m. and proceed about 170m. South West until you reach a Highway and proceed along the Highway for a distance of 250m. South West and again proceed 60m. North and again proceed about 120m. South West till you reach a road proceed along the road Westward for a distance 550m. and again proceed 70m. North West till you reach a road and proceed along the road, North Westward for a distance of 400m. till you reach an ela proceed along the ela for a distance of 250m. Northwards till you meet the Duckwari, Rangala and Kotaganga estate owned by the State Plantation Corporation proceed along the Eastern tea boundaries of the Estate for a distance of 1.1 km. North East direction proceed again in the direction Eastward for a distance of 130m. till you reach and Ela and proceed along the Ela for a distance of 180m. in the direction of North East and again proceed North East for a distance of 180m. and again proceed in the direction of East West for a distance of 240m proceed in the direction of South West for a distance 160m. again proceed for a distance of 600m. towards Westwards, and again proceed about 800m. North East direction and from these proceed along the tea boundary of the Kotaganga and Gonawala Watte owned by the State Plantation Corporation for a distance of 200m. South East and about 250m. Eastwards, till you come across an Ela and proceed along the Ela about 200m. North West and again proceed about 50m. North West till you reach a foot path proceed along the foot path for a distance of 250m, till you reach an ela proceed along the ela for a distance of 120m. South East and proceed again along the tea boundary of Kotagana and Gonawala Estates, for a distance of 70m, North East and again proceed about 130m. South East and proceed about 180m. Southwards and again proceed about 370m. Eastwards and till you meet an Ela and proceed along the ela North Westwards for a distance of 220m till you meet an Estate road proceed along the estate road for a distance of 200m. and along the tea boundary for a distance of 600m.

North East till you meet an ela and proceed across the ela for a distance of 300m. North West and again proceed about 150m. West till you reach an estate road and proceed along the estate road for a distance of 150m. South West and again proceed for a distance of 50m. South West and again proceed North West direction for a distance of 500m. and proceed about 180m. West proceed again for a distance of 750. South West till you meet Gerandiella Watte owned by state Plantations Cooperation, proceed along Tea boundary of the Gerandiella Watte for a distance of 1.1 km. towards West until you reach and ela, proceed across the Ela till you meet The Thunisgala Watte owned by State Plantations Corporation and proceed along the tea boundary for a distance of 150m. North West proceed again for a distance of 150m. South West and again proceed for a distance of 70m. Westward and proceed again for a distance of 330m. North West and proceed about 80m. Westward and proceed about 60m. North West and proceed about 1km. North I ï¨å´Ì : (I) ï¯¼Æ _ Êòé Èâ¨å Àò°åºå¾àºòè¨ ÌÄå°Éå¼û °¾Ç°ïÆà ¡ºø —ïÊË ªæÌ ÀºòÆ _ 2007.07.23 9 A PART I : SEC. (I) – GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA – 23.07.2007

East proceed a distance of 1.1 km. towards North West from this point again proceed about 80m. towards North east, and again proceed 180m, towards North West and when you meet Goparaya Watte of the State Plantation Corporation proceed along the Eastern tea boundary to distance of 1.1 km. towards North East and when you come across the Goparaya Watte, Eastern boundary to the land claimed by A. Weerasinghe proceed about 1.3 km. from thence proceed along Eastern boundary of the Kuda Goparaya Watte owned by State Plantation Corporation to a distance of 900m. till you reach an estate road, proceed along the estate road for a distance of 830m. Eastwards, till you reach an Ela proceed along the Ela for distance of 280m. Eastwards when you reach the Ketalu Oya Watte claimed by URA Jayantha and others, proceed along the Eastern boundary of Ketalu Oya Watte to distance of 830m Eastwards till you reach. Pareiyangala oya proceed along Pareiyangala oya for a distance of 80m. along the Eastern boundary and proceed again to a distance of 830m. Eastwards till you reach Pareiyangala oya and proceed along Periyangala Oya for a distance of 80m. Eastwards, till you reach & estate road proceed along the Estate road for a distance of 1.8 km. towards North East till you reach the Moragaha oya and proceed along the Moragaha oya Eastwards to a distance of 280m. and again proceed South West to a distance 1.4 km. till you meet the Pareiyangala oya and along the Pareiyangala oya to a distance of 350m. towards North West and proceed again to distance of 300m. North Eastwards till you reach an Estate road to a distance of 600m. North till you meet an Estate road and proceed along the Estate road 600m. Northwards, till you reach the Lebanon Kunckles estate owned by the State Plantations Corporation and proceed along the Eastern tea boundary of the Batagala Division, proceed North Eastwards to a distance of 450m and again proceed to a distance of 130m North and again proceed about 50m. North West and again proceed South West to a distance of about 120m. till you reach an ela and proceed across it till you come across a foot path and proceed along it to a distance of 40m. proceed 200m. North West proceed again 70m, North West and again proceed 270m. South West and till you come across Lebanon Estate, and proceed along the Tea boundary of the Lebanon Estate for a distance of 1.1 km. Westwards, till you meet the Ratnagiriya Watta claimed by Gamini Abeyakoon and others proceed North West ward along the Tea boundary of the Ratnagiriya Estate to a distance of 800m. and proceed again to a distance of 120m. South Westwards and proceed to a distance of 300m, North Westward proceed again to a distance of 530m towards South West and proceed about 140m. North West, again proceed to a distance 230m. towards North, proceed again for a distance of 140m. North West and proceed to a distance of 320m. North Eastwards till you come across the following plantations of the State Plantations Corporation. Alakola State Plantations (Ratna tenne Division) Hagala State Plantations (Kandeketiya Division) and Lebanon/Kunckels State Plantations (Liyanagala Division) proceed again along the Eastern boudary to a distance of 3 km. Northwards till you come across the Estate Road bearing to the Tattnatenne proceed along the Estate road towards North West for about 300m. and again proceed along the Eastern boundary of the same Estate to a distance of 2.3 Km. towards North again proceed to a distance of 2.6 km. towards South West towards, upper division of Watakele State Plantation owned by State Plantations Corporation and from the proceed along the Eastern boundary of the same plantation for a distance of 2.5 km. towards North and West proceed up to Katukitul Oya and along the Katukitul Oya Proceed towards North East for a distance of 650 m. from there to the Eastern Tea boundary of the land claimed by Mohamed Faraz and others known as Nellumalai Watte, proceed to a distance of 800m. North East, from there proceed to a distance of 150m. West, from there proceed about 300m. South West and from there proceed to a distance of 200m. North West, proceed 350m. South West, till you reach the Estate Road and proceed along the Estate Road, for a distance of 30m. North West and proceed along the Foot Path you come across to a distance of 400m. North East till you come across the Estate Road, and proceed along the Estate road, towards the West and North for a distance of 650m. towards North till you meet a foot path and proceed along the foot path to a distance of 90m North till you reach and Estate Road, proceed along the Estate road to a distance of 170m. North till you come across Ela, and proceed along the Ela proceed to a distance of 300m. West, thence proceed along the Ambangalla Oya for a distance of 450m. North till you meet the Kalabokke Plantations, owned by the State Plantations Corporation and proceed along the Eastern boundary proceed to a distance of 850m. towards South West. Then proceed to about 2 km. North West, till you come across an Estate Road, proceed along the Estate Road, for a 300m. Westward 10 A I ï¨å´Ì : (I) ï¯¼Æ _ Êòé Èâ¨å Àò°åºå¾àºòè¨ ÌÄå°Éå¼û °¾Ç°ïÆà ¡ºø —ïÊË ªæÌ ÀºòÆ _ 2007.07.23 PART I : SEC. (I) – GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA – 23.07.2007

and from the there proceed to a distance of 2 km. towards North West and proceed to a distance of 650m. South West till you reach an Estate Road and distance of 70m. South Westward, and from there proceed to a distance 170m. South West.

There after proceed 160m. towards South East, again proceed 340m. towards Eastwards till you meet a highway proceed 330m. South West and continue to proceed 500m. South West till you meet a road proceed along it for a distance of 170m. South West, and for proceed 120m. South West till you meet a road and proceed along if for a distance of 290m. North and from there proceed 420m along the road towards South East and proceed again for a distance of 600m. Westward, till you meet an Estate Road along the road proceed about 100m. South East, till you meet a foot path, and proceed along it 150m. South East and again proceed about 800m. South East till you meet a foot path and along it proceed about 450m. South till you meet an Estate Road and proceed along with to a distance of 1.6 km. towards South East and from there proceed 2.7 km. South and proceed about 600m. to North East and proceed again to a distance of 60m. South Eastwards proceed about 120m. towards South West and about 70m, South East till you meet an Estate Road and along it proceed about 80m South West and proceed again along State Plantation Corporation owned Maussawawatta Western tea boundary to a distance of about 1.7 km. towards South East till you meet an Estate Road proceed about 180m. South and from there along the Western tea boundary of Madulkelewatta, owned by State Plantation Corporation to a distance of 400m. West, proceed about 1.2 km. South, and till you meet an Estate Road across it proceed along Western tea boundary of the Hatale Watta claimed by L. H. Anwardeen proceed along Western tea boundary to a distance of 700m. Southwards, from there proceed along Western tea boundary of Hatale Watta owned by State Plantation Corporation, to a distance of 350m towards South West and proceed from distance 540m. South East, from there South Westwards to a distance of 1.7 km. and again from there proceed to a distance of 430m. North and from there proceed about 350m. South West and from there proceed about 600m. South East and there proceed along the Western boundary of the Rakshawa Watta owned by State Plantation Corporation to a distance of 400m. towards South :

West : Proceed along the North Eastern and Northern boundaries of Rakshawa Watta of the State Plantation Corporation to a distance of 1.4 km and there meeting the Estate called Nagahaullawatta claimed by K. Siththamparam Pillai proceed along the North Western boundary to a distance of 200m. till you meet the North West boundary of Nagahaullawatta claimed by P. Dayananda proceed to a distance of 300m till you meet the Pannwila Katukitula Main Road, proceed North to distance of 300m. till you meet the Katukitulawatta owned by Sarvodaya and proceed along the North Eastern and North boundary proceed along it for a distance of 650m. till you meet an ela and across it till you meet the Katukitula Colony owned by the State and proceed along the North boundary 300m. West up to Maha Oya and proceed along Maha Oya towards North West to a distance of 200m. till you meet the Galpihilla Watta owned by the State Plantation Corporation, proceed along the North boundary of the Galpihilla Watta to a distance of 2.7 km till you meet the ela and along the ela proceed South West proceed about 200m. till you meet an Estate Road, and proceed West to a distance of 40m. till you meet an ela and along the ela proceed North Western to a distance of 100m. till you meet Galpihilla Watta owned by the State Plantation Corporation and along the North Western and West boundary for a distance of 650m, till you meet an Ela and along it proceed Westward to a distance of 200m. till you again meet the Western boundary of Galpihilla Watta owned by State Plantation Corporation and proceed along the Western boundary to a distance of 700m. South till you meet the North boundary of the Galpihilla Watta claimed by D. B. Jayawickrama and others, proceed along the North boundary for a distance of 450m till you meet Eastern and North boundaries of Mangalagiriwatta claimed by Wilmet Chandrasekera proceed along the boundary for a distance of 400m. till you meet the Mangalagiriwatta, claimed by S. Gajurdeen and along the North boundary proceed about 350m till you meet the Mangalagiriwatta Northern boundary claimed by R. H. R. B. Ratnayaka proceed 100m. along it and again proceed about 150m. towards West till you meet Bitins Watta Northern bound- ary claimed by B. C. Perera and proceed along Eastern boundary to a distance of 500m. till you come across Dun Oya and till you meet the Eastern boundary of Meena Watta claimed by A. Abeysinghe and I ï¨å´Ì : (I) ï¯¼Æ _ Êòé Èâ¨å Àò°åºå¾àºòè¨ ÌÄå°Éå¼û °¾Ç°ïÆà ¡ºø —ïÊË ªæÌ ÀºòÆ _ 2007.07.23 11 A PART I : SEC. (I) – GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA – 23.07.2007

other and proceed along the Eastern boundary and proceed along a to a distance of 1.4 km till you meet Hunnasgiriya Watta owned by State Plantation Corporation, proceed Southern and Eastern boundary to a distance of 2.1 km proceed along it till you meet and Estate Road proceed North West to a distance of 500m, and proceed about 50m, towards North till you meet the Kandy - Matale District boundary.

PART II

This Part contains the Schedule of boundaries of the Knuckles Environment Protection Area, which are situated in the Divisional Secretary’s Divisions of Ukuwela, Rattota and Laggala - Pallegama, the Admin- istrative District of Matale in the Central Province, based on Map No. Ma/Knuckles/97/39 prepared by the Survey - General, which is bounded as follows :

North : Commencing from the 3500' contour proceed to a distance of 1.5 km Southwards, from that point proceed to a distance of 4 km towards North, thence proceed Southwards to a distance of 5 km till you meet and Ela and proceed along the Ela to a distance of 200m. South, and on meeting the Rattota/Pallegama Highways proceed Eastwards to a distance of 600m, from that point proceed 1.2 km Southwards and again proceed Westwards to a distance of 1.8 km till you met the Pattiela proceed along the Pattiela upstream to a distance of 0.5 km and again proceed South West to a distance of 700m. and across the Pitawela/Illukkumbura Road till you meet the Pattiela again when you proceed upstream to a distance of 400m. till you meet the 3500' contour and proceed along the contour to a distance of 2 km Southwards till you meet Rathninda Oya and proceed along the Rathninda Oya to distance of 300m East and proceed about 2.5 km Southwards and proceed along the boundary of 10th Subsidiary Maps of the Geographical Base Map No. 21 proceed about 600m. Southwards and as you meet the Theligamuwa Oya proceed along it to a distance of 600m. Northwards and proceed along the 39 boundary shown in the subsidiary map towards Southwards for a distance of 200m. and proceed along the same contour towards Northwards to a distance of 1.5 km as you come across the 39 boundary of the subsidiary map, proceed about 100m, Northwards, proceed again for a distance of 2 km. North East proceeding along the 3500' contour. Commencing from the same contour proceed to a distance of about 700m. North West, as you meet the Theligamuwa Oya proceed along it to a distance of 700m. down stream and thence proceed about 300m. East again proceed down stream along the Theligamuwa Oya to a distance of 300m. and from these proceed along the Illukkumbura/Pallegama Highway to a distance of 1.2 km. towards Pallegama and from these proceed for a distance of 2 km. Northwards, and as you come across the Theligamuwa Oya proceed along it to a distance of 1km down stream, proceed to a distance of 900m. towards East again proceed South Eastwards, to a distance of 2.5 km. you come across the Rambukolluwa/Pallegama Highway.

East : Proceed to a distance of 1.2 Km along the Rambukolluwa/Pallegama Highway towards Rambukolluwa and as you proceed to a distance of 2km towards South West, you across the 3500’ contour, whilst proceeding to a distance of 2km alone the 3500 countour, owards South you meet the 21 boundary of the subsidiary map of Geographical Base Map No. 21 as you proceed along the 21 boundary of the subsid- iary map, for a distance of 200m, North West and again proceed to a distance of 200m. Southwards and again proceed Southwards to a distance 2.7 km till you come across the 22 boundary of the subsidiary map. You come across an Ela proceed up stream along the Ela to a distance of 300m, and similarly as you proceed to a distance of 200m, along the boundary and whe you meet the Nugatalawa Oya proceed along the Nugatalalawa Oya to a distance of 600m and proceed 100m. West till you meet again Nugatalawa Oya proceed upsteam along the Oya for a distance of 500m, proceed along the same contour, to a distance of 1.8 k.m West, you meet the 23rd boundary of the subsidiary map-proceed along it to a distance of 300m. Southwards and from the point proceed along the 26th boundary of the subsidiary map to a distance of 600m. Southwards and when you proceed to a distance of 200m. Southwards again meets the Nugatalawa Oya proceed down stream to a distance of 660m. again proceed along the same contour, to a distance of 2.5 km, South East as you come across the Kaluganga, proceed along it Northwards to distance of 3 km 6 – G 8639 12 A I ï¨å´Ì : (I) ï¯¼Æ _ Êòé Èâ¨å Àò°åºå¾àºòè¨ ÌÄå°Éå¼û °¾Ç°ïÆà ¡ºø —ïÊË ªæÌ ÀºòÆ _ 2007.07.23 PART I : SEC. (I) – GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA – 23.07.2007

and again proceed to a distance of 1.7 km Southwards proceed along 3500’ contour - till you meet an Ela proceed along the contour and the Ela from this point, proceed along the Ela for a distance of 600m. Northwards again proceeding for a distance of 600m. Eastwards, till you meet an Ela proceed along the Ela to a distance of 200m. Eastwards, proceed along the rock boundary to a distance of 2.5 km. towards North East till you meet and Ela and proceed along the Ela for a distance of 100m. North East proceed from that point to a distance of 400m. Northwards, till you meet an Ela and proceed along the Ela down stream and proceed to a distance of 200m. and proceed to a distance of 300m. East and till you meet and Ela and proceeding along the ela to a distance of 800m. South East, proceed along the rock boundary to a distance of 4 km. Southwards and Meeting the Imaduwa / Pallegama Highway proceeding along the Highway towards Pallegama to a distance of 350m. and again proceeding from that point along the rock boundary for a distance of 2.3 km East, meeting the road, proceed to a distance of 300m. towards South till you meet the Pallegama / Narangamuwa Highway proceed along the Highway towards Pallegama for a distance of 300m and proceed across 5 Nos. of elas, towards South Westwrds to a distance of 3 km till you meet the Alakola ela Oya, proceeding along the Alakola Ela Oya for a distance of 700m. North and proceeding to a distance of 4 km towards South East you come across the 3500’ contour proceeding along the contour to distance of 400m. South till you meet the Uyangamuwa Ela proceed across it to a distance of 700m. South East and exit from the 3500’ contour and proceeding to a distance of 800m. Northwards, meeting the Narangamuwa/Mimure Road proceed across it to distance of 1.6 km. North East meeting Kalupahana/Kivulewadiya road, proceeding along the Kalupahana / Kivulewadiya road to- wards Kivulewadiya for a distance of 300m. proceed Eastwards to a distance of 300m. proceed Eastwards to a distance of 150m. till you meet Kurukula Ela and proceed to a distance of 600m. North till you come across a foot path proceed along the foot path for a distance of 100m. Eastwards, proceeding for a distance of 1 km Eastwards, till you meet an Ela proceed along the Ela down stream for a distance of 100m. and proceed to a distance of 600m. East till you meet a point which is in close proximity to the Demalagala, Triangular point which is close to the Kandy / Matale District boundary which is about 2.5 km away.

West : Commencing from the point from the Southern corner of the Hunnasgiriya Estate located in the 3500’ contour, which originates at a point where the Matale and Kandy District boundaries meet, proceed North along the contour, for a distance of 300m. till you meet the Hunnasgiriya tea estate owned by State Plantation Corporation proceed along the boundary to a distance of 2 km. Northwards again proceed to a distance 3.3 km. towards North along the same 3500’ contour meeting the Elkaduwa tea estate owned by the State Plantation Corporation proceed along the Southern boundary to a distance of 3.7 km. towards North meeting an Ela Proceed along the Ela upstream to a distance of 600m. meeting the Eastern bound- ary for the Elkaduwa tea estate proceed Northwards to a distance of 3.8 km. proceed across the Ela and meeting the footpath, proceed along the footpath to distance of 200m. Northwards meeting the Galge tea estate owned by K. B. Ekanayake proceed along the boundary towards. North for a distance of 1 km. meeting the Pitakanda tea estate owned by State Plantation Corporation proceed along the tea estate boundary to a distance of 1 km. towards North West proceed along the same boundary for a distance of 1 km. Eastwards, till you come across the Galge tea estate owned by K. B. Ekanayake proceed along the boundary of the tea estate owned by K. B. Ekanayake to a distance of 2.5 km. towards North East till you come across the 3500’ contour, meeting the 3500’ contour and boundary of the Galge watta owned by H. M. M. Maharoof, proceed along the Galge watta boundary towards North for a distance of 1.2 km. from there proceed along the Southern boundary of the Pitakanda tea estate owned by State Plantation Corporation, along the boundary, Eastwards for a distance of 400m till you meet an Estate road & proceeding along it for distance of 1.5 km. towards North till you meet the Matale/Kebaragala Highway & proceed along the footpath to a distance of 700 m North and again proceed along the Kabaragala Highway proceeding to a distance of 200 m. towards North & proceeding along the contour to a distance of 200 m. towards North & proceeding along the contour to a distance of 200m. towards North & proceeding North and 9 for a distance of 1k.m. Till you meet the 3500 contour and proceeding along the contour to a distance of 800 m East till you meet the Kelabokka Estate owned by State Plantation Corporation proceed along the boundary for a distance of 4 km. North East, till you meet the Nicholas I ï¨å´Ì : (I) ï¯¼Æ _ Êòé Èâ¨å Àò°åºå¾àºòè¨ ÌÄå°Éå¼û °¾Ç°ïÆà ¡ºø —ïÊË ªæÌ ÀºòÆ _ 2007.07.23 13 A PART I : SEC. (I) – GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA – 23.07.2007

estate proceeding along the estate for a distance of 3 km. Northwards till you meet a footpath and proceed along the footpath for a distance of 500 m. Northward, from there proceed along the contour for a distance of 1 km. Northward till you meet an Ela proceed along the Highway to a distance of 200 m towards North, from there proceed along the same contour to a distance of 300 m. towards East proceed along boundary of Medawatta owned by State Plantation Corporation, to a distance of 300m, East till you meet an Ela proceed along the Ela to a distance of 200m North, thereafter proceed across 2 Nos. Ela along the same contour to a distance of 2.5 km., North till you meet Matale - Illukkumbura. Highway, proceed along the Highway towards Illukkumbura to a distance of 0.5 km from there proceed along the Ela to distance of 200m. towards, South from there proceed across 5 Nos. of small Elas to a distance of 1 km. Eastwards till you meet Moragolla Oya. Proceed upstream along the Moragolla Oya to a distance of 700 m. from there proceed along the boundary to a distance of 200m.North West till you meet a footpath, proceed along the footpath to a distance of about 300m. North proceed again 200m. South till you meet an Ela & Proceeding along the Ela southwards for a distance 100m. till you meet 3 Nos. of Elas proceeding across 3 Elas for a distance of 800m. East, till you meet an Ela & proceeding along the Ela for a distance of 100m. North & Proceed to a distance of 2 km. towards North West till you meet the Highway leading to Illukkumbura, proceeding along the highway towards Illukkumbura for a distance of 200m till you meet the boundary of Medawatta and the contour, proceed along the contour towards North for a distance of 300 m till you meet a footpath, proceed along the footpath for a distance of 300m till you meet the Dankandawatta owned by the State Plantation Corporation proceed along the South Boundary of the Dankandawatta for a distance of 200m. towards North till you meet a footpath and proceed along it for a distance of 300m. North and proceed for a distance of 0.5 km Northwards till you meet an Ela & proceed along the Ela for a distance of 100m. proceed till you come across a footpath & proceeding along the foot path towards North for a distance of 600m. till you meet an Ela, proceeding along the Ela for a distance of 400m. towards East proceeding again for a distance of 400m. West till you come across a footpath & proceed westwards along the footpath for a distance of 300m. proceed along the boundary to a distance of 200m. North, till you meet the Kattarantennewatta owned by Land Reform Commission processed along the boundary of the watta, towards North for a distance of 6 km. till you come to the 3500' contour.

South: From the above point and the triangular point of Demalagala point meeting the straight line meeting point and the meeting point of Kandy/Matale district boundaries proceeding along the districts boundaries of the Southern corner of the Hunnasgiriya Estate and point in the 3500' contour becomes boundary.

PART III

This Part contains the Schedule of boundaries of the Knuckles Environmental Protection Area, which are situated in the Divisional Secretary’s Divisions of Pallegama and Wilgama in the Administrative District of Matale in the Central Province, based on Map No. Ma/Knuckles/98/10 prepared by the Survey- General, which is bounded as follows:-

North : Proceed to distance of 260 m. East commencing from Guruwela Kivulawadiya road, proceed to a distance of 280m, North West, proceed to a distance of 75m. East, proceed again to a distance of 350m. South East, proceed to a distance of 400m. East, proceed again to a distance of 240m, towards South proceed to distance of 700m. towardsf North East, till you meet the Pallegama/Hettipola Highway - proceed along the Highway to a distance of 1.6 km. Eastwards, proceeding South towards Moragahaulpatha village to a distance of 1km, till you meet the Ela shown in the Western boundary of the Moragahaulpatha, depicted in the final village Plan No. 13 proceed along the Ela to a distance of 400 m proceed from this point to a distance of 3.5 km towards Southwards, and again proceed Eastwards for a distance of 100m. You come across Udadewala Ela and from this point proceed 65m. along the Ela proceed to a distance of 570m North to meet the Udadewala Ela preceed to a distance 150m, North, proceed again along the Moragahaulpatha boundary to a distance of 1.2 Km Eastwards. You come across the Mahawela Ela proceed to a distance of 14 A I ï¨å´Ì : (I) ï¯¼Æ _ Êòé Èâ¨å Àò°åºå¾àºòè¨ ÌÄå°Éå¼û °¾Ç°ïÆà ¡ºø —ïÊË ªæÌ ÀºòÆ _ 2007.07.23 PART I : SEC. (I) – GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA – 23.07.2007

130 m Northward and proceed again to a distance of 250m, North East, proceed to a distance of 900m. East wards, proceed to a distance of 600m. North West and proceed from this point to a distance of 1.2 km. towards North East till you meet the Batagampalagama shown in the F.V.P. No. 13, towards Nugepitiya. East : Commencing proceeding from the Northern corner of the Bathgampala village, to a distance of 2.8 k.m Southwards, and again proceed to a distance of 200m. towards West till you come across the Mirisyaya ela proceed Southwards to a distance of 400m. Along the ela proceed about 300m. NorthWest and proceeding about 2.7 k.m toward south, till you come across Hulugune, / Heenganga Highway;

South : Proceed along the Henganga/Hulugunes Highways to a distance of 200m, toward Hulugune and proceed to a distance of 1.5 k.m. towards North Proceed from this point to a distance of 1.5 k.m. along the Eastern boundary of Hulugune village till you come across the Ela flowing from North, proceed from this point to a distance of 230m West and proceed to a distance of 1.6 k.m. towards South, proceed along the Western boundary of the Hulungune Village till you meet the Heenganga (the Kandy District boundary is met at this point.)

West : Commencing from the point of Dewalagala triangular included in the 1st phase of the Knuckles forest Reserve boundary schedule, proceed to a distance of 2.5 k.m. near distance (This is the commencement of the knuckles 2nd phase) proceed to a distance of 1.1 km, Eastwards, till you meet the footpath leading from Kivulewadiya to Batalawatta proceed along the footpath to a distance of 1.6 km. Southwards, till you meet the Batalawatta Village and exclude it, proceed along the Eastern boundary to distance of 100m. till you meet an Ela proceed along the Ela Southwards to a distance of 160m. proceed to distance of 130m. South West proceed to a distance of 200m. North-west, proceed again to a distance of 150m. North-East, till you meet the footpath again and proceed along the footpath to a distance of 1.6 k. m. Northwards, and proceed to distance of 600m. towards North-East, proceed again to a distance of 600m. Westwards, towards Kivulawadiya Village (depicted in geographical base map No. 13) proceed along the Eastern boundary to a distance of 3.4 Km. Northwards, proceed to a distance of 1km. West, till you meet the Guruwela Kivulawadiya road, proceed towards Guruwela to distance of 1.1km. along the road North- wards till you reach the commencement point of the Northern boundary.

SCHEDULE II

PERMITTED USES

1. All Projects, construction and /Infrastructure activities as approved by the Knuckles Environmental Protection Area Management Committee (KEPAMC).

2. Agricultural activities as approved by the Knuckles Environmental Protection Area Management Committee (KEPAMC).

3. Nature Trails, Foot paths, Walkways, camping sities and other eco-friendly activities.

4. Information Centres and Sale Centres.

5. Parking Sites for vehicles at location as approved by the Knuckles Environmental Protection Area Manage- ment Committee (KEPAMC).

6. Small Food courts.

7. Education and Research Activities.

8. Reforestation in the manner and at the locations approved by the Knuckles Environmental Protection Area Management Committee (KEPAMC).

9. Mini Hydro-Power projects. I ï¨å´Ì : (I) ï¯¼Æ _ Êòé Èâ¨å Àò°åºå¾àºòè¨ ÌÄå°Éå¼û °¾Ç°ïÆà ¡ºø —ïÊË ªæÌ ÀºòÆ _ 2007.07.23 15 A PART I : SEC. (I) – GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA – 23.07.2007

SCHEDULE III

DEVELOPMENT CONDITIONS SUBJECT TO WHICH THE PERMITTED USES ARE TO BE CARRIED OUT

All the activities relating to development, extension, alteration and resource extraction within the Knuckles Environ- mental Protection Area should be carried out in accordance with the conditions stipulated hereunder.

1. Steps to be taken to establish a Management Committee hereafter called Knuckles Environmental Protection Area Management Committee (KEPAMC) consisting of representatives of the Central Environmental Authority (CEA), the Forest Department (FD), the Ministry of Environment and Natural Resources (MOE and NR), a person to represent the NGO’s which are actively engaged in projects within the area who shall be nominated by the Secretary to the Ministry of the Minister to whom the subject of Environment is assigned, relevant Divisional Secretaries and relevant Local Authorities. The Committee shall function under the Chairmanship of the Forest Department. The Committee shall be responsible for the planning regulation and monitoring of all projects and activities carried out within the Environmental Protection Area. Any other agency could be co-opted as deemed necessary by the above Committee.

2. All Applications with regard to the development, extension and alteration activities received by the Local Authorities and other Government Institutions should be forwarded to the Forest Department with copy to CEA (Prescribed application Form will be made available at the relevant Local Authority).

3. Applications should be tabled at the KEPAMC prior to the grant of approval.

4. If any of the permitted uses described in Schedule II is a prescribed project under Part IV C of the National Environmental Act, No. 47 of 1980, the necessary approval should be obtained accordingly.

5. If the permitted use is not a prescribed project under Part IV C of the National Environmental Act, No. 47 of 1980, an Environmental Assessment should be carried out in accordance with the Provisions of Section 10H of the said Act. The decision of the KEPAMC in this regard will be final.

6. All the conditions specified in the Soil Conservation Act should be strictly adopted.

7. Guidelines prepared by the CEA, for the KEPAMC should be strictly followed.

8. No change of land use shall be allowed without the prior approval of the KEPAMC. The prospective developer should be made aware that no development of the said land should be carried out or any alteration to the environment made, before obtaining the written approval of the KEPAMC and relevant authority.

9. If the KEPAMC feels that any particular case should be decided on only with further consultation with any other organization/s other than those represented in the Committee, they may co-opt a representative from that agency to serve during the process of granting approving.

10. Execution of all development activities should be in total compliance with the stipulations approved by the KEPAMC and which are set out in the approved application.

11. Steps shall be taken to establish a monitoring committee with representatives of the Forest Department, the Central Environmental Authority and the relevant Local Authorities. To mobilize local communities living within the Knuckles Environmental Protection Area to facilitate the monitoring activities of the Committee.

12. To administer an Administrative Levy Scheme which will be prepared and adopted by the Central Environmen- tal Authority, in order to process and evaluation project proposal and monitor the project activities.

13. To ensure that all areas of outstanding landscape/wildlife habitats/cultural/historical value should be conserved. 16 A I ï¨å´Ì : (I) ï¯¼Æ _ Êòé Èâ¨å Àò°åºå¾àºòè¨ ÌÄå°Éå¼û °¾Ç°ïÆà ¡ºø —ïÊË ªæÌ ÀºòÆ _ 2007.07.23 PART I : SEC. (I) – GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA – 23.07.2007

14. Exotic animal and plant species which possess invasive characteristics should not be introduced to the area.

15. Use of agro-chemicals within the Knuckles Environmental Protection Area shall be discouraged.

16. Setting fire within the Environmental Protection Area for any purpose is prohibited.

17. No new Cardamom Cultivations should be permitted and no new cardamom processing centers (eg. Drying barns) should be established in the Knuckles Environmental Protection Area. improvements and expansions to existing processing centers too shall not be permitted.

18. If any expansion or extension to any building within the Knuckles Environmental Protection Area is envisaged, approval for such expansion or extension should be obtained from the KEPAMC.

19. Where it is intended to convert any building within the Knuckles Environmental Protection Area for a commer- cial activity, the prior approval of the KEPAMC should be obtained before a trade licence or permit is granted by the relevant Local Authority.

20. In the event of any conditions imposed by KEPAMC being violated, the Director-General of the CEA should direct the relevant Local Authority to take steps for the cancellation of the licence or permit issued.

21. The owners of any buildings, premises or other structures within the Knuckles Environmental Protection Area shall be required to keep such building, premises or other structures in an environmentally friendly manner in good repair and in keeping with sanitary by-laws.

08–244

PRINTED AT THE DEPARTMENT OF GOVERNMENT PRINTING, SRI LANKA.

595/16

PART 1 : SECTION (i) – GENERAL

Government Notification

National Environmental Act, No. 47 OF 1980

REGULATIONS made by the President under section 32 of the National Environmental Act, No. 47 of 1980, as amended by Act No. 56 of 1988, read with Article 44(2) of the Constitution

R. PREMADASA PRESIDENT Colombo , 08.01.1990

Regulations

1. These regulations may be cited as the National Environmental (Protection & Quality) Regulations, No 01 1990.

2. No person shall, on or after the relevant date discharge, deposit or emit waste into the environment which will cause pollution, or cause noise pollution, except:

(a) Under the authority of a licence issued by the Central Environmental Authority (hereinafter referred to as “the Authority”); and

(b) In accordance with the standards and criteria specified in Schedule I hereto: Provided that, where a licensee who does not conform to the standards or criteria specified herein, is at the discretion of the Authority, directed to implement a programme of action within a specified period, so as to conform to the aforesaid standards and criteria and to observe certain conditions during such period such licensee shall, so long as he observes such conditions, be deemed to comply with the preceding provisions of this regulation.

3. Notwithstanding anything contained in regulation 2, the Authority may, by a direction issued under regulation 13, impose more stringent standards and criteria than those specified in Schedule 1 hereto in respect of any particular industry, operation or process, having regard to the need to protect the receiving environment.

4. Where an activity in respect of which an application for a licence is made is not covered by the standards and criteria specified in Schedule I hereto, the Authority will decide on such application on its application on its merits and the applicant shall comply with all such directions as may be issued to him by the Authority for the protection of the environment.

5. The licence issued under these regulations shall be known as the “Environmental Protection Licence” (hereinafter referred to as “the licence”) a. 6. (1) An application for the licence shall be made:-

(a) separately, in respect of each premises at which the acts authorized by the licence are carried out: (b) substantially in Form A in Schedule II hereto:

(c) accompanied by a receipt for the payment of the fee specified in Schedule III hereto:

(d) at least 30 days prior to the relevant date or to the date on which the applicant is required to have the licence, whichever is earlier.

(2) For the purpose of these regulations “premises” means the totality of buildings and installations used separately or in combination to carry out the acts authorized by the licence.

(3) Every applicant shall furnish all such particulars as may be required to be stated in the aforesaid Form A and any other information that may be called for by the Authority for the purpose of deciding on the application.

7. Every licence issued by the Authority shall be :

(a) in Form B in Schedule II hereto:

(b) valid for a period of one year, subject to any suspension or cancellation of the licence under section 23D of the Act: and

(c) renewable

8. The Authority shall issue the licence only if it is satisfied that: -

(a) the licence will not be used to contravene the provisions of the Act or these regulations:

(b) no irreversible damage or hazard to man and environment or any nuisance will result from the acts authorized by the licence:

(c) the applicant has taken adequate steps for the protection of the environment in accordance with the requirements of the Law.

9. (1) An application for a renewal of a licence shall be made:-

(a) at least on month before the date of expiry of the licence or one month before effecting any changes, alterations, or extensions to the premises at which the acts authorized by the licence are carried out, as the case may be;

(b) substantially in Form C in Schedule II hereto;

(c) accompanied by a receipt for the payment of the fee for the renewal of licence specified in Schedule III hereto.

(2) Every applicant for a renewal of the licences shall furnish all such particulars as may be required to be stated in the aforesaid Form C and any other information that may be called for by the Authority for the purpose of deciding on the application.

10. The Authority may, before issuing an order suspending or cancelling a licence under section 23D of the Act give due the holder of the licence an opportunity to show cause why such order should not be issued:

Provided that, where, since the issue of the licence, the receiving environment has been altered or changed due to natural factors or otherwise or where continued discharge, deposition or emission of waste into the environment under the licence will or could affect any beneficial use adversely, the Authority shall forthwith issue an order suspending the licence for a period to be specified in the order or cancel such licence.

11. (1) Any applicant for a licence who is aggrieved by the refusal of the Authority to grant a licence, or, any holder of a licence who is aggrieved by the suspension or cancellation of a licence or the refusal to renew a licence may, within thirty days after the date of notification of such decision to him, appeal in writing against such refusal, suspension, cancellation or refusal to renew, to the Secretary of the Ministry in-charge of the subject of Policy Planning and Implementation.

(2) Such applicant shall be given an opportunity of making representations in person or by authorized representative in connection with his appeal.

(3) The Secretary may set aside, vary or confirm the decision appealed from, and the Authority shall give effect to the Secretary’s decision.

(4) The decision of the Secretary shall be final and conclusive.

12. The holder of a licence shall forthwith notify the Authority of :-

(a) Any changes made or proposed to be made in the particulars furnished in connection with his application for a licence: (b) Any decision to terminate any activity to which the licence relates:

and shall comply with any directions that may be issued by the Authority to prevent or mitigate environmental pollution and hazards.

13. Every applicant or every holder of a licence shall comply with any direction given by or on behalf of the Authority for the purpose of protecting the environment.

14. Every person who acts in contravention of any regulations commits an offence punishable under section 31 of the Act.

15. In these regulations:-

“The Act” means the National Environmental Act, No 47 of 1980 as amended by Act No. 56 of 1988.

SCHEDULE I:

GENERAL STANDARDS FOR DISCHARGE OF EFFLUENTS INTO INLAND SURFACE WATERS

NO DETERMINANT TOLERANCE LIMIT

1 Total Suspended Solids, mg/l,max 50 2 Particle size of total suspended solids Shall pass sieve of aperture size 850 micro m. 3 pH value at ambient temperature 6.0 to 8.5 4 Biochemical Oxygen Demand-BOD5 in 5 days at 20OC, mg/l,max 30 5 Temperature of discharge shall no exceed 40oC in any Section of the Stream within 15 m down stream from the effluent outlet. 6 Oils and greases, mg/l, max 10.0 7 Phenolic Compounds (as phenolic 1.0 OH)mg/l, max 8 Cyandes as (CN) mg/l, max 0.2 9 Sulfides, mg/l, max 2.0 10 Flourides, mg/l, max 2.0 11 Total residual chlorine mg/l, max 1.0 12 Arsenic, mg/l, max 0.2 13 Cadmium total, mg/I, max 0.1 14 Chromium total, mg/l, max 0.1 15 Copper total, mg/l, max 3.0 16 Lead, total, mg/l, max 0.1 17 Mercury total, mg/l, max 0.0005 18 Nickel total, mg/l, max 3.0 19 Selenium total, mg/l, mg 0.05 20 Zinc total, mg/l, max 5.0 21 Ammoniacal nitrogen, mg/l, max 50.0 22 Pesticides Undetectable 23 Radio active material (a) Alpha emitters micro curie/ml 10-7 (b) Beta-emitters micro curie/ml 10-8

24 Chemical Oxygen Demand (COD), 250 mg/l, max

Note 1: All efforts should be made to remove colour and unpleasant odour as far as possible.

Note 2: These values are based on dilution of effluents by at least 8 volumes of clean receiving water. If the dilution is below 8 times, the permissible limits are multiplied by 1/8 of the actual dilution.

Note 3: The above mentioned General Standards cease to apply with regard to a particular industry when industry specific standards are notified for that industry.

TOLERANCE LIMITS FOR INDUSTRIAL EFFLUENTS DISHARGED ON LAND FOR IRRIGATION PURPOSE

No Determinant Tolerance Limit 1 Total dissolved solid, mg/l, max 2100 2 pH value ambient temperature 5.5 to 9.0 o 3 Biochemical Oxygen Demand (BOD5) in 5 days at 20 C, 250 mg/l, max 4 Oils and grease, mg/l, max. 10.0 5 Chloride (as Cl), mg/l, max. 600 6 Sulfate (as SO4), mg/l, max. 1000 7 Boron (as B), mg/l, max. 2.0 8 Arsenic (as As), mg/l, max. 0.2 9 Cadmium (as Cd), mg/l, max. 2.0 10 Chromium (as Cr), mg/l, max. 1.0 11 Lead (as Pb), mg/l, max. 1.0 12 Mercury (as Hg), mg/l, max. 0.01 13 Sodium adsorption ratio, (SAR) 10 to 15 14 Residual Sodium Carbonate, mol/l, max 2.5 15 Radio active material: (a) Alpha emitters, micro curie/ml 10-9 (b) Beta emitters, micro curie/ml 10-8

TOLERANCE LIMITS FOR INDUSTRIAL AND DOMESTIC EFFLUENTS DISCHARGED INTO MARINE COASTAL AREAS

NO DETERMINANT TOLERANCE LIMIT

1 Total Suspended Solids, mg/l, max. (a) For process waste waters 150 (b) For cooling water effluents Total suspended matter content of influent cooling water plus 10 2 Particle size of – (a) Floatable Solids, max 3 mm (b) Settlable solids, max 850 micro m. 3 pH range at ambient temperature 6.0 – 8.5 4 Biochemical Oxygen Demand (BOD5) in 5 100 days at 20OC, mg/l, max 5 Temperature, max 45OC at the point of discharge 6 Oils and grease, mg/l, max. 20 7 Residual Chlorine, mg/l, max 1.0 8 Ammonical Nitrogen mg/l, max. 50.0 9 Chemical Oxygen Demand (COD) mg/l, max 250 10 Phenolic compounds (as phenolic OH)mg/1, 5.0 max. 11 Cyanides (as CN) mg/l, max 0.2 12 Sulfides (as S), mg/l, max 5.0 13 Fluorides (as F), mg/l, max. 15 14 Arsenic (as As) mg/l, max. 0.2 15 Cadmium (as Cd) Total, mg/l, max. 2.0 16 Chromium (as Cr) Total, mg/l, max. 1.0 17 Copper (as Cu) total, mg/l, max. 3.0 18 Lead (as Pb) total. Mg/l, max. 1.0 19 Mercury (as HG) total, mg/l, max. 0.01 20 Nickel (as Ni) total, mg/l, max. 5.0 21 Selenium (as Se) total, mg/l, max. 0.05 22 Zinc (as Zn) total, mg/l, max. 5.0 23 Radio active material (a) Alpha emitters, micro curie/ml, max 10 -8 (b) Beta emitters, micro curie/ml, max 10 -7 24 Organo – Phosphorus compounds 1.0 25 Chlorinated hydrocarbons (as Cl), mg/l, max. 0.02

Note 1: All efforts should be made to remove colour and unpleasant odour as far as practicable.

Note 2: These values are based on dilution of effluents by at least 8 volumes of clean receiving water. If the dilution is below 8 times, the permissible limits are multiplied by 1/8 of the actual dilution.

TOLERANCE LIMITS FOR EFFLUENTS FROM RUBBER FACTORIES DISCHARGED INTO INLAND SURFACE WATERS

NO DETERMINANT TOLERANCE LIMIT

Type I Type II Factories* Factories** 1 pH value at ambient temperature 6.5 to 8.5 6.5 to 8.5 2 Total suspended solids, mg/l, max 100 100 3 Total solids, mg/l, max 1500 1000 4 Biochemical Oxygen Demand (BOD5) in 5 days at 60 50 20OC, mg/l, max 5 Chemical Oxygen Demand(COD) mg/l, max 400 400 6 Total Nitrogen, mg/l, max 300 60 7 Ammoniacal Nitrogen, mg/l,max 300 40 8 Sulfides, mg/l, max 2.0 2.0

*Type I Factories - Latex Concentrate **Type II Factories - Standard Lanka Rubber; Crepe Rubber and Ribbed Smoked Sheets

Note 1: All efforts should be made to remove colour and unpleasant odour as far as practicable

Note II: These values are based on dilution of effluents by a least 8 volumes of clean receiving water. If the dilution is below 8 times, the permissible limits are multiplied by 1/8 of the actual dilution.

TOLERANCE LIMITS FOR EFFLUENTS FROM TEXTILE INDUSTRY DISCHARGED INTO INLAND SURACE WATERS

NO DETERMINANT TOLERANCE LIMIT 1 pH value at ambient temperature 6.5 to 8.5 2 Temperature, oC/cm max 40 measured at site of sampling 3 Total suspended solids, mg/l, max 50 O 4 Biochemical Oxygen Demand (BOD5) in 5 days at 20 C, 60 mg/l, max 5 Chemical Oxygen Demand(COD) mg/l, max 250 6 Oils and grease, mg/l, max. 10.0 7 Phenolic compounds (as phenolic OH), mg/l, max. 1.0 8 Sulfides, mg/l, max 2.0 9 Chromium total, mg/l, max 2.0 10 Hexavalent chromium, mg/l, max. 0.5 11 Copper, total, mg/l, max. 3.0 12 Zinc total, mg/l, max. 5.0 13 Ammoniacal nitrogen, mg/l, max. 60 14 Chloride (as Cl) mg/l, max. 70

Note I: All efforts should be made to remove colour and unpleasant odour as far as practicable.

Note II: These values are based on dilution of effluents by at least 8 volumes of clean receiving water. If the dilution is below 8 times, the permissible limits are multiplied by 1/8 of the actual dilution.

TOLERANCE LIMITS FOR EFFLUENTS FROM TANNING INDUSTRY

NO DETERMINANT TOLERANCE LIMITS FOR EFFLUENT Discharged Discharged into Inland into Marine Surface Coastal Waters Areas 1 pH value at ambient temperature 5.5 to 9.0 5.5 to 9.0 2 Total suspended solids, mg/l, max 100 150 3 Biochemical Oxygen Demand (BOD5) in 5 days at 20OC, mg/l, max 60 100 4 Chemical Oxygen Demand(COD) mg/l, max 250 300 5 Alkalinity (as CaCO3), mg/l,max. 750 Not applicable 6 Chloride (as C1), mg/1, max. 1000 Not applicable 7 Hexavalent chromium, mg/l, max. 0.5 0.5 8 Chromium total, mg/l, max 2.0 2.0 9 Oils and grease, mg/l, max. 10.0 20.0 10 Phenolic compounds (as phenolic OH), mg/l, 1.0 5.0 max. 11 Sulfides, mg/l, max 2.0 5.0

Note I: All efforts should be made to remove colour and unpleasant odour as far as practicable.

Note II: These values are based on dilution of effluents by a least 8 volumes of clean receiving water. If the dilution is below 8 times, the permissible limits are multiplied by 1/8 of the actual dilution.

SCHEDULE II

Form A

National Environmental Act, No 47 of 1980

ENVIRONMENTAL PROTECTION LICENCE APPLICATION

Application No: ……………………… Date : ……………………

Sector: ______Category: ______

Name of Industry:

Type of Industry: /Manufacture/Assembly/Formulation/Repacking/ Processing/other (specify)

Name of Applicant:

Postal : Address Telephone No :

1.-1 GENERAL DESCRIPTION OF INDUSTRY 1.1 Nature of Industry: 1.2 Location of Industry: (Location map and a clear route sketch with land marks to the site to be annexed.) Address:

1.3 Name of local authority:

1.4 Is the site within an approved Industrial Zone?;

1.5 Amount of Capital Investment:

Local: Foreign:

1.6 Date of commencement of operation:

1.7 No. of Shifts/Day and Times:

1.8 No. of Workers in Each Shift:

1.9 A List of permits obtained from Local or State Authorities permitting the Establishment and Operation of the Industry. (Please attach photocopies):

Name Date of Issue Date of Expiry (a) …………………………. ……………………….. ………………….. (b) …………………………. ……………………….. …………………… (c) …………………………. ……………………….. …………………… (d) …………………………. ……………………….. ……………………… (e) …………………………. ……………………….. ………………………

1.10 Land use of the area within 5 km radius – Residential / Commercial / Agricultural / Open Space / Public area / Marshy lands / salt Marshy Land/ Mangrove / Natural Reserve/Other (specify):

1.11 List of existing industries/Institutions / Agricultural land within 2 km radius:

1.12 Land available for treatment plan:

2. MANUFACTURING PROCESS

2.1. List of main manufactured products and capacities:

2.2. List of by – products:

2.3. Process Details:

2.3.1. A brief description of the processes used (attach process flow diagram):

2.3.2. Raw materials used: (State item wise quantity /day at all stages of manufacture)

2.3.3. Chemical used: Chemical Name Trade Name Quantity/Day \ (in kg)

2.3.4. Precautionary measures adopted in the transport and handling of any hazardous/toxic/flammable/explosive material:

2.3.5. Storage facilities for hazardous/toxic/flammable/explosive materials:

2.3.6. Do you have adequate fire fighting equipment?

2.3.7. If so, details of such equipment:

3. WATER

3.1 Water – Requirement

Processing : m3/day Cooling : m3/day Washing : m3/day Domestic : m3/day

3.2 Source of water

1. Public Supply 2. Ground Water (Wells, springs) 3. Surface water (Stream, river)

3.3 Total daily discharge: m3/day:

3.4 Method of discharge : Open Channel/Pipeline/Covered Drains/Other:

3.5 Final point of discharge of waste water : Agricultural land / Marshy land/Sewer/Lake/River/Ela/Estuary/Sea/Other

3.6 What other specific toxic substances are discharged” (Specify nature and concentration –eg; Inorganics and Organics including Pesticides, Organic Chlorine Compounds, Heavy Metals etc.)

3.7 Methods of treatment of Waste Water (Diagrams of Treatment Process to be included):

3.8 Methods adopted for recording characteristics of waste water before and after treatment:

3.9 Give details of water recycling, if any:

4. SOLID WASTE

4.1 Type and Nature of Solid Wastes:

4.2 Total quantity of solid waste – kg/day:

4.3 Methods of disposal of solid wastes – Municipal collection System/Land Fill/Incineration / Composting/Sold/Recycle:

5. ATMOSPHERIC EMISSIONS

Is there emission to the atmosphere: Yes/No – if “Yes” complete the following:

5.1 Possible emissions:

a. Oxides of Nitrogen – b. Oxides of Sulphur – c. Dust and Soot – d. Any other –

5.2 No. of Stacks/Chimneys: Height:

6. Does your industry cause Odour prot Source: Method of abatement:

7. NOISE POLLUTION

7.1 Does your industry cause noise pollution : Yes/No 7.2 If “Yes”, source: Method of abatement: 8. ENERGY REQUIREMENTS

8.1 Total Energy Consumption:

a. In-plant generation: b. Public supply:

8.2 Details of Machinery used in the Industry and their Horse Power Ratings:

8.3 Types of Fuel Used:

a. Purpose: b. Daily consumption:

9. RECYCLING/REUSE

8.1 Possible salvage of any waste material for reuse: Specify:

10. EXPANSION OF INDUSTRY

Describe your plans for future expansion of the industry. State whether proposed expansion will alter the manufacturing process, raw material usage and finished products.

I hereby certify that the particulars furnished by me in this application are true and correct. I am aware that if any particulars herein are found to be false or incorrect, my application will be refused and the licence, if issued, will be cancelled.

…………………………………… …….……………………......

Date Signature of Applicant

ADDITIONAL INFORMATION REQUIRED FROM CHEMICAL INDUSTRIES

Detailed information on the following has to be provided:

1. A site map extending ¼ mile beyond the boundaries of the property depicting the facility, the discharge points for effluents, wells, springs and other surface water bodies and drinking water wells.

2. A description of the procedures, structures and equipment used at the facility to:

i. Prevent hazards in transport and unloading operations of chemicals: ii. Prevent undue exposure of personnel to chemicals (protective clothing etc.)

3. A description of

i. Precautions to prevent accidental fires resulting from storage of chemicals, ii. Available fire fighting equipment, iii. Training of personnel in fire fighting. 4. A description of storage system for bulk chemicals prior to use in the industrial process

5. A description of recovery methods of used chemicals, if any.

FOR OFFICIAL USE ONLY

Licence Application No…………. Sector ( ) Category ( )

1. Date of receipt of application:……………………………

2. Reference Plans, Reports and other documents received:

3. If any additional information was requested, details of such requests: ………..

4. If the observation of any other Agency was requested, details of such requests: …………………..

5. Whether a Licence is granted: Yes / No

6. If a Licence is granted:-

a. No. of the Licence: ………………………. b. Date of Licence : ………………………… c. Validity period : ………………………….. d. Date of expiry : …………………………… e. Conditions attached (if any): …………………

7. If Licence is refused, reasons for refusal:

…………………….

Signature and Designation of Authorized Officer ……………………….. Date

FORM B

NATIONAL ENVIRONMENTAL ACT. NO 47 OF 1980 ENVIRONMENTAL PROTECTION LICENCE ISSUED UNDER SECTION 23 B

M/s ………………………………………….. of ………………………………. Situated within the area of authority of the Pradeshiya Sabha / Municipal Council / Urban Council of ……………………………… is / are hereby authorized to discharge / deposit effluents waste and /or emit noise/vibrations/air emissions which may arise as a result of the operation of the said industry/process, in accordance with the standards and criteria prescribed by the National Environmental (Protection and Quality) Regulations No. 1 of 1990.

This licence shall be in force from ……………………. To ………………….. unless it is earlier cancelled or suspended.

This licence is subject to the general terms and conditions stated overleaf AND to the additional terms and conditions stated below.

1. 2. 3. 4.

…………………………. Chairman Central Environmental Authority.

……………………... Date

GENERAL TERMS AND CONDITIONS

1. The Licence shall be valid for one year from the date of issue. An application for renewal of the Licence should be at least one (01) month prior to the date of expiry of the Licence.

2. The holder of the Licence shall permit the Director General or any other officer duly authorized in writing by him at any time to enter the premises in respect of which the Licence is issued to examine and inspect any equipment or industrial plant; and

(a) to take samples of any pollutants that are emitted, discharged or deposited from or by such equipment or industrial plant;

(b) to examine books, records or documents relating to the performance or use of such equipment or industrial plant or relating to the emission, discharge or deposition from such industrial plant:

(c) to take photographs of such equipment or industrial plants as he considers necessary or make copies of any books, records or documents seen in the course of such examination : and

(d) to take samples of any fuel, substance or material used, in such trade, industry or process carried on in or on such premises.

3. The holder of the Licence shall comply with any requirement communicated from time to time by the Authority as regards:

(a) the use of any techniques or installations in the production process, handling and storage of goods, material, fuel and waste products with a view to minimizing environmental pollution and hazards; and

(b) any additional technical measures for preventing or mitigating environmental pollution and hazards.

4. The holder of the Licence shall ensure that monitoring of environmental pollution or other acts that the Authority considers necessary to protect the environment, including the following are done:

(a) measurements, calculation, registration of samples to determine actual level of pollution and risk of exposure;

(b) recording and sorting of data and reporting to the Authority;

(c) issuing written instructions to persons employed with regard to handling of hazardous material and installations to protect the environment;

(d) assigning duties and responsibilities to management and staff with regard to protection of the environment; and

(e) ensuring that persons referred to in © above, and charged with duties and responsibilities referred to in (d) above are properly qualified persons.

5. This Licence is valid only for the type and nature of the industry/process/operation as stated in the preliminary application and to the information submitted by the Licencee.

6. Any alteration or extension made to the industry, process or operation should be indicated forthwith to the Authority.

…………………………. Chairman Central Environmental Authority

……………………………. Date

FORM C

APPLICATION FOR RENEWAL OF ENVIRONMENTAL PROTECTION LICENCE

Application No : ………………. Date : …………. Sector : ______Category: ______

1. Name and location of Industry:

2. Name and address of applicant:

3. Previous Licence No:

3.1 Issued on …………………….. 3.2 Valid until

4. Any changes/alterations/expansions of the industry since last licence was issued – (give details): 5. State if manufacturing process/raw material usage/finished products have been altered in any way?

6. Details of monitoring reports submitted to the Central Environmental Authority during the year:

7. Any other additional information:

I hereby certify that the particulars furnished by me in this application are true and correct. I am aware that if any particulars herein are found to be false or incorrect, my application will be refused and the licence if issued will be cancelled.

………………………….. Signature of Applicant ……………………..… Date

FOR OFFICE USE ONLY

1. Was licence renewed - Yes/No

2. If renewed

No. of licence …………………… Date of licence …………………… Validity period …………………… Date of expiry …………………… Conditions attached (if any)

3. If renewal of licence is refused reasons for refusal:

……………………………...... Signature and Designation of Authorized Officer ………………………… Date

SCHEDULE III LICENSING FEE

A fee Rs 750/- will be levied in respect of each application for the issue of the Environmental Protection Licence.

RENEWAL FEE

A fee of Rs. 750 will be levied in respect of each application for the renewal of the licence.

(UNOFFICIAL COPY)

The Gazette of the Democratic Socialist of Republic of Sri Lanka EXTRAORDINARY No. 1466/5 – TUESDAY, OCTOBER 10, 2006

PART I : SECTION (1) – GENERAL

Government Notifications

THE NATIONAL ENVIRONMENTAL ACT, NO. 47 OF 1980

Order under Section 23 W

BY virtue of the powers vested in me by Section 23 W of the National Environmental Act, No. 47 of 1980 as amended from time to time, I, Maithripala Sirisena, Minister of Environment do by this Order, with effect from 1st of January 2007, prohibit-

(i) the manufacture of polythene or any polythene product of twenty (20) microns or below in thickness for in country use; and

(ii) the sale or use of polythene or any polythene product which is twenty (20) microns or below in thickness.

For the purposes of this Order “Polythene” means any solid products, bags, material or contrivances manufactured using all forms of polyethylene, polypropylene, polystyrene, poly vinyl chloride, polyethylene terepthalate or any other similar raw material used for the purpose of carrying, packing, wrapping or packaging.

MAITHRIPALA SIRISENA Minister of Environment Colombo, 30th September, 2006.

595/16

PART 1 : SECTION (i) – GENERAL

Government Notification

National Environmental Act, No. 47 OF 1980

REGULATIONS made by the President under section 32 of the National Environmental Act, No. 47 of 1980, as amended by Act No. 56 of 1988, read with Article 44(2) of the Constitution

R. PREMADASA PRESIDENT Colombo , 08.01.1990

Regulations

1. These regulations may be cited as the National Environmental (Protection & Quality) Regulations, No 01 1990.

2. No person shall, on or after the relevant date discharge, deposit or emit waste into the environment which will cause pollution, or cause noise pollution, except:

(a) Under the authority of a licence issued by the Central Environmental Authority (hereinafter referred to as “the Authority”); and

(b) In accordance with the standards and criteria specified in Schedule I hereto: Provided that, where a licensee who does not conform to the standards or criteria specified herein, is at the discretion of the Authority, directed to implement a programme of action within a specified period, so as to conform to the aforesaid standards and criteria and to observe certain conditions during such period such licensee shall, so long as he observes such conditions, be deemed to comply with the preceding provisions of this regulation.

3. Notwithstanding anything contained in regulation 2, the Authority may, by a direction issued under regulation 13, impose more stringent standards and criteria than those specified in Schedule 1 hereto in respect of any particular industry, operation or process, having regard to the need to protect the receiving environment.

4. Where an activity in respect of which an application for a licence is made is not covered by the standards and criteria specified in Schedule I hereto, the Authority will decide on such application on its application on its merits and the applicant shall comply with all such directions as may be issued to him by the Authority for the protection of the environment.

5. The licence issued under these regulations shall be known as the “Environmental Protection Licence” (hereinafter referred to as “the licence”) a. 6. (1) An application for the licence shall be made:-

(a) separately, in respect of each premises at which the acts authorized by the licence are carried out: (b) substantially in Form A in Schedule II hereto:

(c) accompanied by a receipt for the payment of the fee specified in Schedule III hereto:

(d) at least 30 days prior to the relevant date or to the date on which the applicant is required to have the licence, whichever is earlier.

(2) For the purpose of these regulations “premises” means the totality of buildings and installations used separately or in combination to carry out the acts authorized by the licence.

(3) Every applicant shall furnish all such particulars as may be required to be stated in the aforesaid Form A and any other information that may be called for by the Authority for the purpose of deciding on the application.

7. Every licence issued by the Authority shall be :

(a) in Form B in Schedule II hereto:

(b) valid for a period of one year, subject to any suspension or cancellation of the licence under section 23D of the Act: and

(c) renewable

8. The Authority shall issue the licence only if it is satisfied that: -

(a) the licence will not be used to contravene the provisions of the Act or these regulations:

(b) no irreversible damage or hazard to man and environment or any nuisance will result from the acts authorized by the licence:

(c) the applicant has taken adequate steps for the protection of the environment in accordance with the requirements of the Law.

9. (1) An application for a renewal of a licence shall be made:-

(a) at least on month before the date of expiry of the licence or one month before effecting any changes, alterations, or extensions to the premises at which the acts authorized by the licence are carried out, as the case may be;

(b) substantially in Form C in Schedule II hereto;

(c) accompanied by a receipt for the payment of the fee for the renewal of licence specified in Schedule III hereto.

(2) Every applicant for a renewal of the licences shall furnish all such particulars as may be required to be stated in the aforesaid Form C and any other information that may be called for by the Authority for the purpose of deciding on the application.

10. The Authority may, before issuing an order suspending or cancelling a licence under section 23D of the Act give due the holder of the licence an opportunity to show cause why such order should not be issued:

Provided that, where, since the issue of the licence, the receiving environment has been altered or changed due to natural factors or otherwise or where continued discharge, deposition or emission of waste into the environment under the licence will or could affect any beneficial use adversely, the Authority shall forthwith issue an order suspending the licence for a period to be specified in the order or cancel such licence.

11. (1) Any applicant for a licence who is aggrieved by the refusal of the Authority to grant a licence, or, any holder of a licence who is aggrieved by the suspension or cancellation of a licence or the refusal to renew a licence may, within thirty days after the date of notification of such decision to him, appeal in writing against such refusal, suspension, cancellation or refusal to renew, to the Secretary of the Ministry in-charge of the subject of Policy Planning and Implementation.

(2) Such applicant shall be given an opportunity of making representations in person or by authorized representative in connection with his appeal.

(3) The Secretary may set aside, vary or confirm the decision appealed from, and the Authority shall give effect to the Secretary’s decision.

(4) The decision of the Secretary shall be final and conclusive.

12. The holder of a licence shall forthwith notify the Authority of :-

(a) Any changes made or proposed to be made in the particulars furnished in connection with his application for a licence: (b) Any decision to terminate any activity to which the licence relates:

and shall comply with any directions that may be issued by the Authority to prevent or mitigate environmental pollution and hazards.

13. Every applicant or every holder of a licence shall comply with any direction given by or on behalf of the Authority for the purpose of protecting the environment.

14. Every person who acts in contravention of any regulations commits an offence punishable under section 31 of the Act.

15. In these regulations:-

“The Act” means the National Environmental Act, No 47 of 1980 as amended by Act No. 56 of 1988.

SCHEDULE I:

GENERAL STANDARDS FOR DISCHARGE OF EFFLUENTS INTO INLAND SURFACE WATERS

NO DETERMINANT TOLERANCE LIMIT

1 Total Suspended Solids, mg/l,max 50 2 Particle size of total suspended solids Shall pass sieve of aperture size 850 micro m. 3 pH value at ambient temperature 6.0 to 8.5 4 Biochemical Oxygen Demand-BOD5 in 5 days at 20OC, mg/l,max 30 5 Temperature of discharge shall no exceed 40oC in any Section of the Stream within 15 m down stream from the effluent outlet. 6 Oils and greases, mg/l, max 10.0 7 Phenolic Compounds (as phenolic 1.0 OH)mg/l, max 8 Cyandes as (CN) mg/l, max 0.2 9 Sulfides, mg/l, max 2.0 10 Flourides, mg/l, max 2.0 11 Total residual chlorine mg/l, max 1.0 12 Arsenic, mg/l, max 0.2 13 Cadmium total, mg/I, max 0.1 14 Chromium total, mg/l, max 0.1 15 Copper total, mg/l, max 3.0 16 Lead, total, mg/l, max 0.1 17 Mercury total, mg/l, max 0.0005 18 Nickel total, mg/l, max 3.0 19 Selenium total, mg/l, mg 0.05 20 Zinc total, mg/l, max 5.0 21 Ammoniacal nitrogen, mg/l, max 50.0 22 Pesticides Undetectable 23 Radio active material (a) Alpha emitters micro curie/ml 10-7 (b) Beta-emitters micro curie/ml 10-8

24 Chemical Oxygen Demand (COD), 250 mg/l, max

Note 1: All efforts should be made to remove colour and unpleasant odour as far as possible.

Note 2: These values are based on dilution of effluents by at least 8 volumes of clean receiving water. If the dilution is below 8 times, the permissible limits are multiplied by 1/8 of the actual dilution.

Note 3: The above mentioned General Standards cease to apply with regard to a particular industry when industry specific standards are notified for that industry.

TOLERANCE LIMITS FOR INDUSTRIAL EFFLUENTS DISHARGED ON LAND FOR IRRIGATION PURPOSE

No Determinant Tolerance Limit 1 Total dissolved solid, mg/l, max 2100 2 pH value ambient temperature 5.5 to 9.0 o 3 Biochemical Oxygen Demand (BOD5) in 5 days at 20 C, 250 mg/l, max 4 Oils and grease, mg/l, max. 10.0 5 Chloride (as Cl), mg/l, max. 600 6 Sulfate (as SO4), mg/l, max. 1000 7 Boron (as B), mg/l, max. 2.0 8 Arsenic (as As), mg/l, max. 0.2 9 Cadmium (as Cd), mg/l, max. 2.0 10 Chromium (as Cr), mg/l, max. 1.0 11 Lead (as Pb), mg/l, max. 1.0 12 Mercury (as Hg), mg/l, max. 0.01 13 Sodium adsorption ratio, (SAR) 10 to 15 14 Residual Sodium Carbonate, mol/l, max 2.5 15 Radio active material: (a) Alpha emitters, micro curie/ml 10-9 (b) Beta emitters, micro curie/ml 10-8

TOLERANCE LIMITS FOR INDUSTRIAL AND DOMESTIC EFFLUENTS DISCHARGED INTO MARINE COASTAL AREAS

NO DETERMINANT TOLERANCE LIMIT

1 Total Suspended Solids, mg/l, max. (a) For process waste waters 150 (b) For cooling water effluents Total suspended matter content of influent cooling water plus 10 2 Particle size of – (a) Floatable Solids, max 3 mm (b) Settlable solids, max 850 micro m. 3 pH range at ambient temperature 6.0 – 8.5 4 Biochemical Oxygen Demand (BOD5) in 5 100 days at 20OC, mg/l, max 5 Temperature, max 45OC at the point of discharge 6 Oils and grease, mg/l, max. 20 7 Residual Chlorine, mg/l, max 1.0 8 Ammonical Nitrogen mg/l, max. 50.0 9 Chemical Oxygen Demand (COD) mg/l, max 250 10 Phenolic compounds (as phenolic OH)mg/1, 5.0 max. 11 Cyanides (as CN) mg/l, max 0.2 12 Sulfides (as S), mg/l, max 5.0 13 Fluorides (as F), mg/l, max. 15 14 Arsenic (as As) mg/l, max. 0.2 15 Cadmium (as Cd) Total, mg/l, max. 2.0 16 Chromium (as Cr) Total, mg/l, max. 1.0 17 Copper (as Cu) total, mg/l, max. 3.0 18 Lead (as Pb) total. Mg/l, max. 1.0 19 Mercury (as HG) total, mg/l, max. 0.01 20 Nickel (as Ni) total, mg/l, max. 5.0 21 Selenium (as Se) total, mg/l, max. 0.05 22 Zinc (as Zn) total, mg/l, max. 5.0 23 Radio active material (a) Alpha emitters, micro curie/ml, max 10 -8 (b) Beta emitters, micro curie/ml, max 10 -7 24 Organo – Phosphorus compounds 1.0 25 Chlorinated hydrocarbons (as Cl), mg/l, max. 0.02

Note 1: All efforts should be made to remove colour and unpleasant odour as far as practicable.

Note 2: These values are based on dilution of effluents by at least 8 volumes of clean receiving water. If the dilution is below 8 times, the permissible limits are multiplied by 1/8 of the actual dilution.

TOLERANCE LIMITS FOR EFFLUENTS FROM RUBBER FACTORIES DISCHARGED INTO INLAND SURFACE WATERS

NO DETERMINANT TOLERANCE LIMIT

Type I Type II Factories* Factories** 1 pH value at ambient temperature 6.5 to 8.5 6.5 to 8.5 2 Total suspended solids, mg/l, max 100 100 3 Total solids, mg/l, max 1500 1000 4 Biochemical Oxygen Demand (BOD5) in 5 days at 60 50 20OC, mg/l, max 5 Chemical Oxygen Demand(COD) mg/l, max 400 400 6 Total Nitrogen, mg/l, max 300 60 7 Ammoniacal Nitrogen, mg/l,max 300 40 8 Sulfides, mg/l, max 2.0 2.0

*Type I Factories - Latex Concentrate **Type II Factories - Standard Lanka Rubber; Crepe Rubber and Ribbed Smoked Sheets

Note 1: All efforts should be made to remove colour and unpleasant odour as far as practicable

Note II: These values are based on dilution of effluents by a least 8 volumes of clean receiving water. If the dilution is below 8 times, the permissible limits are multiplied by 1/8 of the actual dilution.

TOLERANCE LIMITS FOR EFFLUENTS FROM TEXTILE INDUSTRY DISCHARGED INTO INLAND SURACE WATERS

NO DETERMINANT TOLERANCE LIMIT 1 pH value at ambient temperature 6.5 to 8.5 2 Temperature, oC/cm max 40 measured at site of sampling 3 Total suspended solids, mg/l, max 50 O 4 Biochemical Oxygen Demand (BOD5) in 5 days at 20 C, 60 mg/l, max 5 Chemical Oxygen Demand(COD) mg/l, max 250 6 Oils and grease, mg/l, max. 10.0 7 Phenolic compounds (as phenolic OH), mg/l, max. 1.0 8 Sulfides, mg/l, max 2.0 9 Chromium total, mg/l, max 2.0 10 Hexavalent chromium, mg/l, max. 0.5 11 Copper, total, mg/l, max. 3.0 12 Zinc total, mg/l, max. 5.0 13 Ammoniacal nitrogen, mg/l, max. 60 14 Chloride (as Cl) mg/l, max. 70

Note I: All efforts should be made to remove colour and unpleasant odour as far as practicable.

Note II: These values are based on dilution of effluents by at least 8 volumes of clean receiving water. If the dilution is below 8 times, the permissible limits are multiplied by 1/8 of the actual dilution.

TOLERANCE LIMITS FOR EFFLUENTS FROM TANNING INDUSTRY

NO DETERMINANT TOLERANCE LIMITS FOR EFFLUENT Discharged Discharged into Inland into Marine Surface Coastal Waters Areas 1 pH value at ambient temperature 5.5 to 9.0 5.5 to 9.0 2 Total suspended solids, mg/l, max 100 150 3 Biochemical Oxygen Demand (BOD5) in 5 days at 20OC, mg/l, max 60 100 4 Chemical Oxygen Demand(COD) mg/l, max 250 300 5 Alkalinity (as CaCO3), mg/l,max. 750 Not applicable 6 Chloride (as C1), mg/1, max. 1000 Not applicable 7 Hexavalent chromium, mg/l, max. 0.5 0.5 8 Chromium total, mg/l, max 2.0 2.0 9 Oils and grease, mg/l, max. 10.0 20.0 10 Phenolic compounds (as phenolic OH), mg/l, 1.0 5.0 max. 11 Sulfides, mg/l, max 2.0 5.0

Note I: All efforts should be made to remove colour and unpleasant odour as far as practicable.

Note II: These values are based on dilution of effluents by a least 8 volumes of clean receiving water. If the dilution is below 8 times, the permissible limits are multiplied by 1/8 of the actual dilution.

SCHEDULE II

Form A

National Environmental Act, No 47 of 1980

ENVIRONMENTAL PROTECTION LICENCE APPLICATION

Application No: ……………………… Date : ……………………

Sector: ______Category: ______

Name of Industry:

Type of Industry: /Manufacture/Assembly/Formulation/Repacking/ Processing/other (specify)

Name of Applicant:

Postal : Address Telephone No :

1.-1 GENERAL DESCRIPTION OF INDUSTRY 1.1 Nature of Industry: 1.2 Location of Industry: (Location map and a clear route sketch with land marks to the site to be annexed.) Address:

1.3 Name of local authority:

1.4 Is the site within an approved Industrial Zone?;

1.5 Amount of Capital Investment:

Local: Foreign:

1.6 Date of commencement of operation:

1.7 No. of Shifts/Day and Times:

1.8 No. of Workers in Each Shift:

1.9 A List of permits obtained from Local or State Authorities permitting the Establishment and Operation of the Industry. (Please attach photocopies):

Name Date of Issue Date of Expiry (a) …………………………. ……………………….. ………………….. (b) …………………………. ……………………….. …………………… (c) …………………………. ……………………….. …………………… (d) …………………………. ……………………….. ……………………… (e) …………………………. ……………………….. ………………………

1.10 Land use of the area within 5 km radius – Residential / Commercial / Agricultural / Open Space / Public area / Marshy lands / salt Marshy Land/ Mangrove / Natural Reserve/Other (specify):

1.11 List of existing industries/Institutions / Agricultural land within 2 km radius:

1.12 Land available for treatment plan:

2. MANUFACTURING PROCESS

2.1. List of main manufactured products and capacities:

2.2. List of by – products:

2.3. Process Details:

2.3.1. A brief description of the processes used (attach process flow diagram):

2.3.2. Raw materials used: (State item wise quantity /day at all stages of manufacture)

2.3.3. Chemical used: Chemical Name Trade Name Quantity/Day \ (in kg)

2.3.4. Precautionary measures adopted in the transport and handling of any hazardous/toxic/flammable/explosive material:

2.3.5. Storage facilities for hazardous/toxic/flammable/explosive materials:

2.3.6. Do you have adequate fire fighting equipment?

2.3.7. If so, details of such equipment:

3. WATER

3.1 Water – Requirement

Processing : m3/day Cooling : m3/day Washing : m3/day Domestic : m3/day

3.2 Source of water

1. Public Supply 2. Ground Water (Wells, springs) 3. Surface water (Stream, river)

3.3 Total daily discharge: m3/day:

3.4 Method of discharge : Open Channel/Pipeline/Covered Drains/Other:

3.5 Final point of discharge of waste water : Agricultural land / Marshy land/Sewer/Lake/River/Ela/Estuary/Sea/Other

3.6 What other specific toxic substances are discharged” (Specify nature and concentration –eg; Inorganics and Organics including Pesticides, Organic Chlorine Compounds, Heavy Metals etc.)

3.7 Methods of treatment of Waste Water (Diagrams of Treatment Process to be included):

3.8 Methods adopted for recording characteristics of waste water before and after treatment:

3.9 Give details of water recycling, if any:

4. SOLID WASTE

4.1 Type and Nature of Solid Wastes:

4.2 Total quantity of solid waste – kg/day:

4.3 Methods of disposal of solid wastes – Municipal collection System/Land Fill/Incineration / Composting/Sold/Recycle:

5. ATMOSPHERIC EMISSIONS

Is there emission to the atmosphere: Yes/No – if “Yes” complete the following:

5.1 Possible emissions:

a. Oxides of Nitrogen – b. Oxides of Sulphur – c. Dust and Soot – d. Any other –

5.2 No. of Stacks/Chimneys: Height:

6. Does your industry cause Odour prot Source: Method of abatement:

7. NOISE POLLUTION

7.1 Does your industry cause noise pollution : Yes/No 7.2 If “Yes”, source: Method of abatement: 8. ENERGY REQUIREMENTS

8.1 Total Energy Consumption:

a. In-plant generation: b. Public supply:

8.2 Details of Machinery used in the Industry and their Horse Power Ratings:

8.3 Types of Fuel Used:

a. Purpose: b. Daily consumption:

9. RECYCLING/REUSE

8.1 Possible salvage of any waste material for reuse: Specify:

10. EXPANSION OF INDUSTRY

Describe your plans for future expansion of the industry. State whether proposed expansion will alter the manufacturing process, raw material usage and finished products.

I hereby certify that the particulars furnished by me in this application are true and correct. I am aware that if any particulars herein are found to be false or incorrect, my application will be refused and the licence, if issued, will be cancelled.

…………………………………… …….……………………......

Date Signature of Applicant

ADDITIONAL INFORMATION REQUIRED FROM CHEMICAL INDUSTRIES

Detailed information on the following has to be provided:

1. A site map extending ¼ mile beyond the boundaries of the property depicting the facility, the discharge points for effluents, wells, springs and other surface water bodies and drinking water wells.

2. A description of the procedures, structures and equipment used at the facility to:

i. Prevent hazards in transport and unloading operations of chemicals: ii. Prevent undue exposure of personnel to chemicals (protective clothing etc.)

3. A description of

i. Precautions to prevent accidental fires resulting from storage of chemicals, ii. Available fire fighting equipment, iii. Training of personnel in fire fighting. 4. A description of storage system for bulk chemicals prior to use in the industrial process

5. A description of recovery methods of used chemicals, if any.

FOR OFFICIAL USE ONLY

Licence Application No…………. Sector ( ) Category ( )

1. Date of receipt of application:……………………………

2. Reference Plans, Reports and other documents received:

3. If any additional information was requested, details of such requests: ………..

4. If the observation of any other Agency was requested, details of such requests: …………………..

5. Whether a Licence is granted: Yes / No

6. If a Licence is granted:-

a. No. of the Licence: ………………………. b. Date of Licence : ………………………… c. Validity period : ………………………….. d. Date of expiry : …………………………… e. Conditions attached (if any): …………………

7. If Licence is refused, reasons for refusal:

…………………….

Signature and Designation of Authorized Officer ……………………….. Date

FORM B

NATIONAL ENVIRONMENTAL ACT. NO 47 OF 1980 ENVIRONMENTAL PROTECTION LICENCE ISSUED UNDER SECTION 23 B

M/s ………………………………………….. of ………………………………. Situated within the area of authority of the Pradeshiya Sabha / Municipal Council / Urban Council of ……………………………… is / are hereby authorized to discharge / deposit effluents waste and /or emit noise/vibrations/air emissions which may arise as a result of the operation of the said industry/process, in accordance with the standards and criteria prescribed by the National Environmental (Protection and Quality) Regulations No. 1 of 1990.

This licence shall be in force from ……………………. To ………………….. unless it is earlier cancelled or suspended.

This licence is subject to the general terms and conditions stated overleaf AND to the additional terms and conditions stated below.

1. 2. 3. 4.

…………………………. Chairman Central Environmental Authority.

……………………... Date

GENERAL TERMS AND CONDITIONS

1. The Licence shall be valid for one year from the date of issue. An application for renewal of the Licence should be at least one (01) month prior to the date of expiry of the Licence.

2. The holder of the Licence shall permit the Director General or any other officer duly authorized in writing by him at any time to enter the premises in respect of which the Licence is issued to examine and inspect any equipment or industrial plant; and

(a) to take samples of any pollutants that are emitted, discharged or deposited from or by such equipment or industrial plant;

(b) to examine books, records or documents relating to the performance or use of such equipment or industrial plant or relating to the emission, discharge or deposition from such industrial plant:

(c) to take photographs of such equipment or industrial plants as he considers necessary or make copies of any books, records or documents seen in the course of such examination : and

(d) to take samples of any fuel, substance or material used, in such trade, industry or process carried on in or on such premises.

3. The holder of the Licence shall comply with any requirement communicated from time to time by the Authority as regards:

(a) the use of any techniques or installations in the production process, handling and storage of goods, material, fuel and waste products with a view to minimizing environmental pollution and hazards; and

(b) any additional technical measures for preventing or mitigating environmental pollution and hazards.

4. The holder of the Licence shall ensure that monitoring of environmental pollution or other acts that the Authority considers necessary to protect the environment, including the following are done:

(a) measurements, calculation, registration of samples to determine actual level of pollution and risk of exposure;

(b) recording and sorting of data and reporting to the Authority;

(c) issuing written instructions to persons employed with regard to handling of hazardous material and installations to protect the environment;

(d) assigning duties and responsibilities to management and staff with regard to protection of the environment; and

(e) ensuring that persons referred to in © above, and charged with duties and responsibilities referred to in (d) above are properly qualified persons.

5. This Licence is valid only for the type and nature of the industry/process/operation as stated in the preliminary application and to the information submitted by the Licencee.

6. Any alteration or extension made to the industry, process or operation should be indicated forthwith to the Authority.

…………………………. Chairman Central Environmental Authority

……………………………. Date

FORM C

APPLICATION FOR RENEWAL OF ENVIRONMENTAL PROTECTION LICENCE

Application No : ………………. Date : …………. Sector : ______Category: ______

1. Name and location of Industry:

2. Name and address of applicant:

3. Previous Licence No:

3.1 Issued on …………………….. 3.2 Valid until

4. Any changes/alterations/expansions of the industry since last licence was issued – (give details): 5. State if manufacturing process/raw material usage/finished products have been altered in any way?

6. Details of monitoring reports submitted to the Central Environmental Authority during the year:

7. Any other additional information:

I hereby certify that the particulars furnished by me in this application are true and correct. I am aware that if any particulars herein are found to be false or incorrect, my application will be refused and the licence if issued will be cancelled.

………………………….. Signature of Applicant ……………………..… Date

FOR OFFICE USE ONLY

1. Was licence renewed - Yes/No

2. If renewed

No. of licence …………………… Date of licence …………………… Validity period …………………… Date of expiry …………………… Conditions attached (if any)

3. If renewal of licence is refused reasons for refusal:

……………………………...... Signature and Designation of Authorized Officer ………………………… Date

SCHEDULE III LICENSING FEE

A fee Rs 750/- will be levied in respect of each application for the issue of the Environmental Protection Licence.

RENEWAL FEE

A fee of Rs. 750 will be levied in respect of each application for the renewal of the licence.

617/7

PART 1: SECTION (1) – GENERAL Government Notifications

LD- B.4/81

THE NATIONAL ENVRIONEMNTAL ACT, No 47 of 1980

REGULATIONS made by the Minister of Environment and Parliamentary Affairs under section 32 of the national Environmental Act, No 47 of 1980 as amended by Act, No 56 of 1988.

M. VINCENT PERERA Minister of Environment and Parliamentary Affairs

Colombo, 2nd July, 1990

REGULATIONS

Regulations made under section 32 of the National Environmental Act l, No of 47 of 1990 and published in Gazette No. 595/16 of February 2, 1990, are hereby further amended as follows:-

1. in regulation II thereof by the substitution in paragraph (1) of that regulation, for the words “ Secretary of the Ministry in charge of the subject of Policy Planning and Implementation”, of the words “Secretary to the Ministry of the Minister”.

2. in Schedule II thereof by the substitution in Form B of that Schedule for the word” Chairman” wherever that word occur in that Form, of the words “Director General”.

I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2008'01'25 1A PARTY%S I : SEC,xld. (I) - GAZETTE m%cd;dka;%sl EXTRAORDINARY OF THEiudcjd§ DEMOCRATIC SOCIALISTckrcfha REPUBLIC OF.eiÜ SRI LANKA m;%h - 25.01.2008 w;s úfYI The Gazette of the Democratic Socialist Republic of Sri Lanka EXTRAORDINARY wxl 1533$16 - 2008 ckjdß 25 jeks isl=rdod - 2008'01'25 No. 1533/16 - FRIDAY, JANUARY 25, 2008

(Published by Authority) PART I : SECTION (I) — GENERAL Government Notifications

THE NATIONAL ENVIRONMENTAL ACT, No. 47 of 1980

Order under Section 23A

BY virtue of the powers vested in me by section 23A of the National Environmental Act, No. 47 of 1980 as amended by Act, Nos. 56 of 1988 and 53 of 2000. I, Patali Champika Ranawaka, Minister of Environment and Natural Resources, do by this Order, determine the activities set out in the Schedule hereto as activities for which a License is required under the aforesaid section being activities which involves or results in discharging, depositing or emitting waste into the environment causing pollution.

PATALI CHAMPIKA RANAWAKA, Minister of Environment and Natural Resources. Colombo, 14th January, 2008. THE SCHEDULE

THE PRESCRIBED ACTIVITIES FOR WHICH A LICENSE IS REQUIRED

PART A

1. Chemicals manufacturing or formulating or repacking industries. 2. Soaps, detergents, softener or any other cleansing preparations manufacturing industries having a production capacity of 1,000 kilograms per day or more. 3. Bulk petroleum liquid or liquefied petroleum gas storage or filling facilities having a total capacity of 150 or more metric tons excluding vehicle fuel filling stations. 4. Indusries involved in the use of fibreglass as a raw material where 10 or more workers are employed. 5. Synthetic rubber, natural rubber manufacturing or processing or rubber based industries excluding industries which manufacture less than 100 kilograms of ribbed smoke rubber sheets per day. 6. Activated carbon or carbon black manufacturing industries or charcoal manufacturing industries having a production capacity one or more metric ton per batch. 7. Industries involved in manufacturing extracting or formulating Ayurvedic, Indigenous medicinal products where 25 or more workers are employed. 1A 2A I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2008'01'25 PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 25.01.2008 8. Chemical fertilizer manufacturing, formulating, processing or repacking Industries. 9. Pesticides, insecticides, fungicides and herbicides manufacturing, formulating or repacking industries. 10. Oil (mineral oil or petroleum) refineries. 11. Dye and dye intermediate manufacturing or formulating industries. 12. Paints (emulsion or enamel), inks, pigments, varnish, polish manufacturing or formulating industries. 13. Petrochemical (basic or intermediates) manufacturing or formulating industries. 14. Industrial gas manufacturing, processing or refilling industries. 15. Asphalt processing plants. 16. Industries involved in the manufacture of polymers or polymer based products (i.e. polyethylene, polyvinyl chloride (PVC), polyurethane, polypropylene, polyester, nylon, polystyrene, resins, fibreglass or other man made fibres etc.) or polymer or polymer based products, recycling industries. 17. All types of tyres, tubes manufacturing or tyre retreading industries. 18. Industries involved in manufacturing or reconditioning of batteries. 19. Any industry involved in the use of asbestos fibres as a raw material. 20. Industries involved in manufacturing, extracting or formulating pharmaceuticals or cosmetic products including intermediates. 21. Adhesives manufacturing industries excluding natural gums. 22. Match sticks manufacturing industries and explosives manufacturing or formulating industries. 23. Batik industries where 10 or more workers are employed. 24. Textile processing (i.e. bleaching, dyeing, printing) industries or garment washing industries or textile sand blasting industries or commercial laundries where 10 or more workers are employed. 25. Tanneries. 26. Lather finishing industries having effluent generating operations. 27. Jute processing industries. 28. Industries involved in bleaching or dyeing of natural fibre or natural fibre based industries where 25 or more workers are employed. 29. Power looms having 25 or more machines or power looms with sizing activities. 30. Sugar manufacturing industries or sugar refineries. 31. Fermentation industries (Distilleries, Breweries) or alcoholic beverages bottling plants or bottling plants having bottle washing operations. 32. Food manufacturing and processing industries including bakery products and confectioneries where 25 or more workers are employed. 33. Abattoirs. 34. Coconut oil or cinnamon oil extraction industries where 25 or more workers are employed. 35. Plants or animal oil/fats extraction industries having production capacity of 10 litres or more per day excluding coconut oil and cinnamon oil extraction industries. 36. Instant tea or coffee processing industries. I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2008'01'25 3A PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 25.01.2008 37. Non-alcoholic beverages manufacturing industries where 25 or more workers are employed. 38. Desiccated coconut mills or coconut processing industries where 10 or more workers are employed. 39. Rice mills having wet process and having a production capacity of 5,000 kilograms or more per day. 40. All hatcheries or poultry farms having 2,500 or more birds or piggery, cattle, goats farms having animals 50 or more or having rating* for mixed farming 2,500 or more. *Rating for Mixed Farming = No. of Birds + 50 x (No. of Pigs + No. of Cattle + No. of Goats) 41. Animal feed manufacturing industries having a capacity of 25 or more metric tons per day. 42. Cigarettes or other tobacco products manufacturing industries where 50 or more workers are employed. 43. Industries involved in surface treatment of metal or plastic including electroplating, galvanizing and powder coating industries. 44. Iron and steel mills. 45. Foundries with any type of furnaces. 46. Non-ferrous metal processing industries including secondary process, smelting and recovery of metals. 47. Metal fabricating industries or machinery, machinery parts or hardware items or electrical and electronic goods and equipment manufacturing or assembling industries where 24 or more workers are employed. (Including lathe workshops, welding shops, spray painting industries). 48. Cement industries (clinker grinding, manufacturing or repacking). 49. Concrete batching plants having a production capacity of 50 or more cubic meters per day. 50. Glass or glass based product manufacturing industries. 51. Lime kilns having a production capacity of 20 or more metric tons per day. 52. Ceramic industries where more than 25 or more workers are employed. 53. Mechanized mining activities with multi bore hole blasting or single bore hole blasting activities with production capacity having 600 or more cubic meters per month. 54. Crushing or processing of non-metallic minerals (i.e. limestone, dolomite, apatite.rock phosphate, sand stone, feldspar, quartz, ilmenite, rutile, zircon, mica, graphite, kaolin, etc) excluding lime shell and granite crushing activities. 55. Granite boulders making or processing industries (extracting, blasting, slicing, polishing). 56. Granite crushing (Metal crushing) industries having a total production capacity of 25 or more cubic meters per day. 57. Common wastewater (industrial or sewage) treatment plants. 58. Incinerators having a feeding capacity of 5 or more metric tons per day. 59. Water treatment plants having a treatment capacity of 10,000 or more cubic meters per day. 60. Municipal solid waste and other solid waste composting plants having a capacity or 10 or more metric tons per day. 61. Solid waste recovery/recycling or processing plants having a capacity of 10 or more metric tons per day. 62. Soild waste disposal facility having a disposal capacity of 10 or more metric tons per day. 63. All toxic and hazardous waste treatment facility or disposal facilities or recycling/recovering or storage facilities. 64. Industries involved in chemical treatment and preservation of wood excluding Boron treatment. 4A I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2008'01'25 PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 25.01.2008 65. Saw mills having a milling capacity of 50 or more cubic meters per day or wood based industries where 25 or more workers are employed. 66. Hotels, guest houses, rest houses having 20 or more rooms. 67. Hostels and similar dwelling places where occupancy level is exceeding 200 or more. 68. Health care service centres generating infectious wastes, including medical laboratories and research centres. 69. Automobile or bicycle manufacturing or assembling industries. 70. Vehicles service stations or container yards having vehicle service activities excluding three wheeler and motor cycles services and interior cleaning. 71. Railway workshops or all bus depots having vehicle servicing activities. 72. All vehicle emission testing centres. 73. Electrical power generating utilities excluding standby generators and hydro or solar or wind power generation. 74. Printing presses with lead smelting o newspaper printing or printing process which generates wastewater or colour photographs processing centres. 75. Paper and Pulp Industries or corrugated cartons manufacturing industries. 76. Any industry where 200 or more workers per shift are employed. 77. Industrial Estates approved under the part IVC of the National environmental Act including Katunayake and Biyagama Export processing Zones. 78. Zoological gardens. 79. Transmission towers providing facilities for telecommunication and boradcasting. 80. Any industry not included above which discharges 10 or more cubic meters of wastewater per day or using toxic chemicals in its process.

PART B

1. Soaps, detergents, softener or any other cleansing preparations manufacturing industries having a production capacity less than 1,000 kilograms per day. 2. Bulk petroleum liquid storage facilities excluding filling stations or liquefied petroleum gas (LP Gas) storage or filling facilities having a total capacity less than 150 metric tons. 3. industries involved in the use of fibre glass as a raw material where less than 10 workers are employed. 4. Ribbed smoke rubber sheet manufacturing industries having a production capacity of more than 50 kilograms and less than 100 kilograms per day. 5. Activated carbon or carbon black manufacturing industries or charcoal manufacturing industries having a production capacity less than one metric ton per batch. 6. Industries involved in manufacturing, extracting or formulating Ayurvedic, indigenous medicinal products where more than 10 workers and less than 25 workers are employed. 7. Batik industries where less than 10 workers are employed. 8. Commercial laundries where less than 10 workers are employed. 9. Leather finishing industries having dry process operations. I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2008'01'25 5A PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 25.01.2008

10. Natural fibre based industries where less than 25 workers are employed excluding industries involved in bleaching or dyeing of natural fibre. 11. Power looms having less than 25 machines. 12. Hand Looms or knitting or embroidery industry having more than 10 looms. 13. Garment industries where 25 or more workers and less than 200 workers per shift are employed. 14. Sugar cane based industries excluding sugar factories of sugar refineries. 15. Food manufacturing and processing industries including bakery products and confectioneries where 5 or more workers and less than 25 workers are employed. 16. Cinnamon oil extracting industry where less than 25 workers are employed. 17. Rice mills having wet process with a production capacity of less than 5,000 kilograms per day. 18. Grinding mills having production capacity of more than 1,000 kilograms per month. 19. Poultry farms have 250 or more and less than 2,500 birds or piggery, cattle, goats farms having animals 5 or more and less than 50 or having rating * for mixed farming 250 and less than 2,500.

* Rating for Mixed Farming = No. of Birds + 50 x (No. of Pigs + No. of Cattle + No. Goats)

20. Animals feed manufacturing industries, having a capacity of less than 25 metric tons per day. 21. All ice manufacturing industries. 22. Metal fabricating industries or machinery, machinery parts or hardware items or electrical and electronic goods and equipment manufacturing or assembling industries where less than 25 workers are employed. (including lathe workshop, welding shops, spray painting industries). 23. Concrete batching plants having a capacity less than 50 cubic meters per day. 24. Single borehole blasting with industrial mining activities using explosives, having a production capacity of less than 600 cubic meters per month. 25. Granite crushing (Metal crushing) industries having a total production capacity of less than 25 cubic meters per day excluding manual crushing operations using hand tools. 26. Municipal solid waste and other solid waste composting plants (excluding household composting) having a capacity of less than 10 metric tons per day. 27. Solid waste recovery/recycling or processing plants having a capacity of less than 10 metric tons per day. 28. Solid waste disposal facilities a disposal capacity of less than 10 metric tons per day. 29. Hostels and similar dwelling places where occupancy level or 25 or more boarders and less than 200 borders. 30. Vehicle repairing and maintaining garages including spray painting or mobile air-conditioning activities. 31. Recycling or recovering centres of refrigerants form air-conditioners or refrigerators. 32. Three wheeler or motor cycle servicing activities or vehicle interior cleaning activities. 33. Any industry not included above which discharges 3 or more and less than 10 cubic meters of industrial processing wastewater per day. 6A I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2008'01'25 PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 25.01.2008

PART C 1. All vehicle filling stations (liquid petroleum and liquefied petroleum gas). 2. Manufacturing of candles where 10 or more workers are employed. 3. Coconut oil extraction industries where 10 or more workers and less than 25 workers are employed. 4. Non-alcoholic beverages manufacturing industries where 10 or more workers and less than 25 workers are employed. 5. Rice mills having dry process operations. 6. Grinding mills having production capacity of less than 1,000 kilograms per month. 7. Tobacco barns. 8. Cinnamon fumigating industries with sulphur fumigation having capacity of 500 or more kilograms per batch. 9. Edible salt packing and processing industries. 10. Tea factories excluding instant tea processing. 11. Concrete pre-cast industries. 12. Mechanized cement blocks manufacturing industries. 13. Lime kilms having a production capacity of less than 20 metric tons per day. 14. Plaster of Paris industries where less than 25 workers are employed. 15. Lime shell crushing industries. 16. Tile and brick kilms. 17. Single borehole blasting with artisanary mining activities using explosives, having capacity of less than 600 cubic meters per month. 18. Saw mills having a milling capacity of less than 50 cubic meters per day or industries involved in Boron treatment of wood or timber seasoning. 19. Carpentry workshops which use multipurpose carpentry machine or wood based industries where more than 5 workers and less than 25 workers are employed. 20. Residential hotels, guest houses, rest houses with 05 or more and less than 20 rooms. 21. Vehicle repairing or maintaining garages excluding spray-painting or mobile air-conditioning activities. 22. Repairing, maintaining or installation centres of refrigerators and air-conditioners. 23. Container yards excluding where vehicle servicing activities are carried out. 24. All electrical and electronic goods repairing centre where more than 10 workers are employed. 25. Printing presses and later press machines excluding lead smelting.

The activities for which Environmental Protection Licence is required and published in Gazette Extraordinary No. 1159/22 dated 22.11.2000 is hereby rescinded.

02-288

PRINTED AT THE DEPARTMENT OF GOVERNMENT PRINTING, SRI LANKA. I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2008'02'01 1A PARTY%S I : SEC,xld. (I) - GAZETTE m%cd;dka;%sl EXTRAORDINARY OF THEiudcjd§ DEMOCRATIC SOCIALISTckrcfha REPUBLIC OF.eiÜ SRI LANKA m;%h - 01.02.2008 w;s úfYI The Gazette of the Democratic Socialist Republic of Sri Lanka EXTRAORDINARY wxl 1534$18 - 2008 fmnrjdß 01 jeks isl=rdod - 2008'02'01 No. 1534/18 - FRIDAY, FEBRUARY 01, 2008

(Published by Authority) PART I : SECTION (I) — GENERAL Government Notifications L.D.B. 4/81.

NATIONAL ENVIRONMENTAL ACT, No. 47 OF 1980

REGULATIONS made by the Minister under Section 32 read with Section 23A and 23 B of the National Environmental Act, No. 47 of 1980.

PATALI CHAMPIKA RANAWAKA, Minister of Environment and Natural Resources.

Colombo, 14th January, 2008.

Regulations

1. These Regulations may be cited as the National Environmental (Protection and Quality) Regulations, No. 1 of 2008.

PART I

ISSUE OF ENVIRONMENTAL PROTECTION LICENSE FOR EMISSION OR DISPOSAL OF WASTE

2. No person shall, discharge, deposit or emit waste into the environment or carry on any prescribed activity determined by an Order made under Section 23A of the National Environmental Act, No. 47 of 1980 in circumstances which cause or are likely to cause pollution, or noise pollution, otherwise than –

(a) under the Authority of a license issued by the Central Environmental Authority (hereinafter referred to as “the Authority”) ; and (b) in accordance with the such standards and criteria specified in Schedule I hereto, in respect of the specified industries.

3. Notwithstanding anything contained in regulation 2, the Authority may, by a direction issued under regulation 12, impose more stringent standards and criteria than those specified in Schedule I hereto in respect of any prescribed activity, having regard to the need to protect the receiving environment. 1A 2A I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2008'02'01 PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 01.02.2008 4. Where an activity in respect of which an application for a license is made, is not covered by the standards and criteria specified in Schedule I hereto, the Authority shall examine such application on its merits and grant such application specifying the standards and criteria which shall be applicable. The applicant shall comply with all such directions as may be issued to him by the Authority for the protection of the environment.

5. (1) An application for the license shall be – (a) made separately, in respect of prescribed activity regarding which the Acts authorized by the regulations are being carrie out ; (b) made substantially in Form A in Schedule II and Schedule IV hereto ; (c) made at least thirty days prior to the commencement of the activity. (2) Every applicant shall furnish all such particulars as may be required to be stated in the aforesaid Form A in Schedule II and Schedule IV and any other information that may be called for by the Authority for the purpose of determining whether or not to grant the license. (3) Every applicant shall make payment of the license fee specified in Schedule III hereto on intimation by the Authority.

6. Every license issued by the Authority shall be :- (a) made substantially in Form B of Schedule II hereto ; (b) valid for such period not exceeding three years as specified in the license subject to any suspension or cancellation of the license under Section 23 D of the Act ; and (c) renewable.

7. The Authority shall issue the license only if it is satisfied that :- (a) the license will not be used to contravene the provisions of the Act or any regulation made there under ;

(b) no irreversible damage or hazard to any person, environment or any nuisance will result from the acts authorized by the license ; (c) the applicant has taken adequate steps for the protection of the environment in accordance with the requirements of the Law.

8. (1) An application for a renewal of a license shall be – (a) made at least three months before the date of expiry of the license or one month before effecting any changes, alterations, or extensions to the premises at which the acts authorized by the license are carried out, as the case may be ; (b) made substantially in Form C of Schedule II hereto ; (2) Every applicant for a renewal of the license shall furnish all such particulars as may be required to be stated in the aforesaid Form A in Schedule II and Schedule IV and any other information that may be called for by the Authority for the purpose of determining whether or not the license should be renewed. (3) Every applicant shall make payment of the license fee specified in the Schedule III hereto for renewal of a license within the period specified by the Authority on receipt of intimation by the Authority.

9. The Authority may, before issuing an order suspending or canceling a license under Section 23 D of the Act, give the holder of the license an opportunity to show cause why such order should not be issued : Provided that, where, since the issue of the license, the receiving environment has been altered or changed due to natural factors or otherwise or where continued discharge, deposition or emission of waste into the environment under the license affects any beneficial use adversely, the Authority shall forthwith make an order suspending the license for a period to be specified in the order or cancel such license. I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2008'02'01 3A PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 01.02.2008 10. (1) Any applicant for a license who is aggrieved by the refusal of the Authority to grant a license, or, any holder of a license who is aggrieved by the suspension or cancellation of a license or the refusal to renew a license may, within thirty days after the date of notification of such decision to him, appeal in writing against such refusal, suspension, cancellation or refusal to renew, to the Secretary to the Ministry of the Minister in-charge of the subject of Environment. (2) Such applicant shall be given an opportunity of making representations in person or by authorized representative in connection with his appeal. (3) The Secretary may set aside, vary or confirm the decision appealed from, and the Authority shall give effect to the Secretary’s decision. (4) The decision of the Secretary shall be final and conclusive.

11. The holder of a license shall forthwith notify the Authority of – (a) any changes made or proposal to be made in the particulars furnished in connection with his application for a license ; (b) any decision to terminate any activity to which the license relates, and shall comply with any directions that may be issued by the Authority to prevent or mitigate environmental pollution and hazards.

12. Every applicant and every holder of a license shall comply with any direction given by or on behalf of the Authority for the purpose of protecting the environment.

13. Every person who acts in contravention of any regulations commits an offence punishable under Section 31 of the Act.

14. Any person who operates a prescribed activity shall obtain a license from the Authority prior to the commencement of such activity.

PART II

ISSUE OF LICENSE FOR THE MANAGEMENT OF WASTE

15. No person shall generate collect, transport, store, recover, recycle or dispose waste or establish any site or facility for the disposal of any waste specified in the Schedule VIII (herein after referred to as “scheduled waste”) except under the authority of a license issued by the Authority and in accordance with such standards and other criteria as may be specified by the Authority. 16. Every application for a license under regulation 15 shall be substantially in Form A as set out in Schedule IV of these regulations, and be accompanied by – (a) a valid certificate of insurance or any other form of financial security acceptable to the Authority, of such sum as is sufficient to cover the risk or damage that may be caused to the public as a result of any activity referred to in regulation 15 being carried on by the applicant ; and (b) such other additional information explanatory of the matters set out in Form A of Schedule IV of this regulation, as the Authority may consider necessary in the interest of the protection of the Environment.

17. Every application for a license under regulation 15 shall be accompanied by a fee calculated on the following basis :- Generator Rs. 1000 Collector Rs. 1000 4A I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2008'02'01 PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 01.02.2008 Storer Rs. 10,000 Transporter Rs. 2,000 Recycler Rs. 5,000 Recoverer Rs. 5,000 Disposer Rs. 1,00,000

18. On receipt of an application for a license under regulation 16 and after such risk assessment as the Authority shall deem appropriate, the Authority may issue a license to the applicant.

19. Every license issued by the Authority under regulation 18 shall – (a) be substantially in such from as set out in Form B of Schedule IV of this Regulation ; (b) be subject to such terms, conditions and standards as may be stipulated in the license in addition to what is specified in the Schedule I hereto ; (c) be valid for such period as shall be specified in the license ; and (d) on application being made there fore be renewable subject to regulation 25, by the Authority.

20. No person shall continuously engage in the management of scheduled waste with the same physical and chemical characteristics or any aspects thereof, except under a separate license for multiple scheduled waste management operations of the same kind, issued by the Authority in accordance with the provisions of regulation 17 for multiple scheduled waste management operations of the same kind. Such license shall be for a specified period and for a specified quantity of scheduled waste as shall be specified in the license.

21. A license issued under regulation 18, 19 or 20 shall not authorize the mixing of waste, with scheduled waste within the meaning of this Part of these regulations and specified in Part I of these regulations, unless the generator, collector, storer, transporter or person disposing proves to the satisfaction of the Authority that such mixing may reduce the load of pollutants.

22. A license issued under this Part of these regulations shall not be transferable and any transfer made in contravention of these regulations shall render the license issued null and void.

23. A license issued under these regulations to any person shall not be used for the benefit of any other person.

24. Where a person to whom a license has been issued under this Part of these regulations, acts in violation of any of the terms, standards and conditions of the license, the Authority may be order suspend the operation of such license for a period specified in such order, or cancel such license, after granting to the licensee an opportunity to show cause and after recording reasons therefore :

Provided however the Authority shall have power to temporarily suspend the license pending the conclusion of an inquiry under this regulation, where it considers such action urgently required in the public interest.

25. The Authority shall have the power to monitor and inspect activities conducted by a licensee pursuant to any license granted to such person under this part of the regulations.

26. (1) The Authority shall have the power to specify guidelines from time to time, for – (a) the establishment of scheduled waste disposal sites ; (b) safety measures to be adopted during generation collection, transportation, storage, recovery, recycling or disposal of scheduled wastes ; (c) operations regarding recycling or recovery of scheduled waste.

(2) The guideline specified under paragraph (1) shall wherever possible be published in the Gazette or shall otherwise be made available to the public. I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2008'02'01 5A PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 01.02.2008 27. It shall be the duty of every licensee to – (a) maintain records substantially in the form set out in the Schedule V of these regulations in respect of collection, transportation, storage, recovery, recycling or disposal of Scheduled waste ; (b) send an annual return to the Authority substantially in the form set out in the Schedule VI of these regulations regarding the disposal of Scheduled waste, duly certified by any person authorized for such purposes by the Authority ; (c) provide the Authority annually with such information as may be required by the Authority ; and (d) record in a register to be maintained by the licensee the quantity, type, quality and origin of Scheduled waste, collected, stored, transported, recovered, recycled and disposed of by him.

28. The register to be maintained under regulation 27 shall be made available by the licensee for inspection at any time by the Authority and it shall be the duty of a licensee to issue a certified copy of any extract of the register so maintained at the request of any member of the public, on the payment of a fee.

29. Any authorized officer of the Authority or a police officer may, for the purpose of ascertaining whether the provisions of these regulations are being complied with- (a) enter and inspect any facility or site of generation collection storage, recover, recycling or disposal of scheduled waste ; (b) stop and inspect any vehicle in transit, suspected to contain scheduled waste ; (c) examine any records maintained under these regulations and take copies of such records ; (d) take samples of scheduled waste generated transported, stored, collected, recovered, recycled or disposed of.

30. The Authority shall maintain a record of licences granted under these regulations.

31. Every person involved with the management of scheduled waste shall, in addition to any other signs or symbols required under any other law, display a plainly visible notice in Sinhala, Tamil and English, on the— (a) site of generation or storage ; (b) vehicle used for transportation ; (c) containers or tanks used for collection and storage ; and (d) disposal sites whether approved or not, the following statement and visual sign — “Warning, contains waste, Dangerous to human, health and the environment”

32. The licnece issued under these regulations or a certified copy thereof shall be carried on the vehicle transporting schedule waste, and shall be produced by the driver of the vehicle for inspection by any police officer or other officer authorized by the Authority.

33. Every generator collector, storer, transporter recycler, recovery and disposer of scheduled waste shall — (a) ensure that all its employees are adequately trained in handling scheduled waste and shall report to the authority on a bi-annual basis the steps taken to ensure that its employees are so trained ; (b) have a regularly updated emergency action plan approved by the authority ; (c) ensure that all employees handling scheduled wastes shall be protected by appropriate clothing and other precautions from the adverse effects of the scheduled waste ; and (d) ensure that immediate and adequate medical care is available for employees and the public at all times, including emergency situations. 6A I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2008'02'01 PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 01.02.2008 34. Every generator collector, storer, transporter, recycler, recoverer or disposer, of scheduled waste shall forthwith report to the Authority of any accident that may have occured during or as a result of the generation, collection, storage, trsnsportation, recycling recovery or disposal of waste substantially in the form set out in Schedule VII hereto.

35. Every person who carries on any activity which generates or produces waste or is in possession or control of scheduled waste or is an importer of waste into Sri Lanka, shall inform the Authority- (a) on or before the July 31 and January 31, respectively of each year, the quantity and characteristics of scheduled waste generated or produced or in possession or control of or imported as the case may be, in the previous six months and estimate of the quantity and composition of scheduled waste that might be so generated or produced, or be in possession or control of or be imported as the case may be for the ensuring year, including information of process, modifications and changes in chemical usage ; and (b) of the measures adopted to apply technologies for the reduction or elimination of the generation or production or the possession or control of scheduled waste, including method adopted for treatment and final disposal of such waste. PART III

GENERAL

36. The National Environmental (Protection and Quality) Regulation No. 1 of 1990 published in Gazette Extraordinary No. 595/16 of February, 1990 as amended from time to time, are hereby rescinded.

37. (1) Notwithstanding the rescinding of the aforesaid regulation, any act or omission done or made under the said regulation shall be effective and has a force of law unless its is contrary to this regulation.

(2) Every licence issued for the purposes of the aforesaid regulation, after 16th February, 1990 shall be valid and continued as effectual as if issued here under for the purposes of enforcement of the rights and obligations to which such licence applies.

38. For the purpose of this Part of these regulations-

“Act” means the National environmental Act, No. 47 of 1980 ; “Authority” means the Central Environmental Authority established by the National Environmental Act, No. 47 of 1980 ; “collection” means the collection including storage for the time being of scheduled waste including those generated in small quantities ; “disposal” includes any operation which leads to the emission, discharge or deposit of scheduled waste into or upon the environment and further includes other operations such as recycling and recovery ; “facility” means any location wherein the processes incidental to the generation, collection, storage, recycling, recovery and disposal of scheduled wastes are carried out ; “generation” means the productions, manufacturing, or creation of scheduled waste from any activity ; “heavy metals” means the group of elements between and including copper and mercury in the periodic table of the elements having atomic weights between and including 63.546 and 200.590 ; “management” means the generation collection, storage, transport, recycling, recovery and disposal of scheduled waste, including these generated in small quantities ; “schedule waste” means any waste specified in Schedule VIII hereto ; “storage” includes the storing of waste for a minimum reasonable period under conditions which will prevent their release to the environment ; “transport” means the movement of scheduled waste from the site of generation, importation or storage to any other side including a facility for disposal ; “waste” means waste as defined in the Act and specified in Scheduled VIII hereto. I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2008'02'01 7A PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 01.02.2008 SCHEDULE I

TOLERANCE LIMITS FOR THE DISCHARGE OF INDUSTRIAL WASTE IN TO INLAND SURFACE WATERS

No. Parameter Unit Tolerance Limit type of limit values

01. Total suspended solids mg/1, max. 50 02. Particle siz of the total suspended solids µm, less than 850 03. pH at ambient temperature - 6.0 - 8.5 04. Biochemical oxygen demand 0 (BOD5 in five days at 20 cor BOD3 in three days at 270c) mg/1, max. 30 05. Temperature of discharge 0C, max. Shall no exceed 400 C in any section of the stream within 15 m down stream from the effluent outlet. 06. Oils and greases mg/1, max. 10

07. Phenolic compounds (as C6H5OH) mg/1, max. 1 08. Chemical oxygen demand (COD) mg/1, max. 250 09. Colour Wavelength Maximum spectral Range absorption coefficient 436 nm 7m-1 (Yellow range) 525 nm 5m-1 (Red range) 620 nm 3m-1 (Blue range)

10. Dissolved phosphates (as P) mg/1, max. 5 11. Total Kjeldahl nitrogen (as N) mg/1, max. 150 12. Ammoniacal nitrogen (as N) mg/1, max. 50 13. Cyanide (as CN) mg/1, max. 0.2 14. Total residual chlorine mg/1, max. 1.0 15. Flourides (as F) mg/1, max. 2.0 16. Sulphide (as S) mg/1, max. 2.0 17. Arsenic (as As) mg/1, max. 0.2 18. Cadmium (as Cd) mg/1, max. 0.1 19. Chromium, total (as Cr) mg/1, max. 0.5 20. Chromium, Hexavalent (as Cr6+) mg/1, max. 0.1 21. Copper (as Cu) mg/1, max. 3.0 22. Iron (as Fe) mg/1, max. 3.0 23. Lead (as Pb) mg/1, max. 0.1 24. Mercury (as Hg) mg/1, max. 0.0005 25. Nickel (as Ni) mg/1, max. 3.0 26. Selenium (as Se) mg/1, max. 0.05 8A I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2008'02'01 PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 01.02.2008 SCHEDULE I (Contd.)

TOLERANCE LIMITS FOR THE DISCHARGE OF INDUSTRIAL WASTE IN TO INLAND SURFACE WATERS

No. Parameter Unit Tolerance Limit type of limit values

27. Zinc (as Zn) mg/1, max. 2.0 28. Pesticides mg/1, max. 0.005 29. Detergents/surfactants mg/1, max. 5 30. Faecal Coliform MPN/100 ml, max 40

Radio Active Material : 31. (a) Alpha emitters micro curie/ml, max 10-8 (b) Beta emitters micro curie/ml, max 10-7

Note 1 : All efforts should be made to remove unpleasant odour as far as possible. Note 2 : These values are based on dilution of effluents by at least 8 volumes of clean receiving water. If the dilution is below 8 times, the permissible limits are multiplied by the 1/8 of the actual dilution. Note 3 : The above mentioned general standards shall cease to apply with regard to a particular industry when industry specific standards are notified for that industry. Note 4 : Pesticides as per World Health Organization (WHO) and Food and Agriculture Organization (FAO) requirements.

LIST II

TOLERANCE LIMITS FOR INDUSTRIAL WASTE DISCHARGED ON LAND FOR IRRIGATION PURPOSE

No. Parameter Unit Tolerance Limit type of limit value

1. Total dissolved solids mg/1, max. 2100 2. pH at ambient temperature - 5.5 - 9.0 3. Biochemical oxygen demand mg/1, max. 250 0 (BOD5 in five days at 20 C or BOD3 in three days at 270c) 30 4. Oils and greases mg/1, max. 10 5. Chemical Oxygen Demand (COD) mg/1, max. 400 6. Chlorides (as C1) mg/1, max. 600

7. Sulphates (as SO4) mg/1, max. 1000 8. Boron (as B) mg/1, max. 2.0 9. Arsenic (as As) mg/1, max. 0.2 10. Cadmium (as Cd) mg/1, max. 2.0 11. Chromium , total (as Cr) mg/1, max. 1.0 12. Lead (as Pb) mg/1, max. 1.0 13. Mercury (as Hg) mg/1, max. 0.01 14. Sodium adsorption ratio (SAR) - 10 - 15 15. Residual sodium carbonate (RSC) mo1/1, max. 2.5 I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2008'02'01 9A PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 01.02.2008 LIST II (Contd),

TOLERANCE LIMITS FOR INDUSTRIAL WASTE DISCHARGED ON LAND FOR IRRIGATION PURPOSE

No. Parameter Unit Tolerance Limit Type of limit Values

16. Electrical conductivity µS/cm. max. 2250 17. Faecal coliform MPN/100m1, max. 40 18. Copper (as Cu) mg/1, max. 1.0 19. Cyanide (as CN) mg/1, max. 0.2 20. Radio Active Material : (a) Alpha emitters Micro curie./m1, max. 10-9 (b) Beta emitters Micro curie/m1, max. 10-8

Hydraulic Loading Applicable for Different Soils :

Recommended dosage of settled Soil Texture Class Industrial Effluents (m3 /hectare, day)

1. Sandy 225 - 280 2. Sandy laom 170 - 225 3. loam 110 - 170 4. Clay loam 55 - 110 5. Clay 35 - 55

LIST III

TOLERANCE LIMITS FOR INDUSTRIAL AND DOMESTIC WASTE DISCHARGED INTO MARINE COASTAL A REAS

No. Parameter Unit Tolerance Limit Type of limit Values

1. Total suspended solids mg/1, max. 150 2. Particle size of - (a) Floatable solids mm, max. 3 (b) Settlabe solids µm, max 850 3. pH at ambient temperature - 5.5 - 9.0 4. Biochemical oxygen demand mg/1, max. 100 0 (BOD5 in five days at 20 C or BOD3 in three days at 27 0 C) 5. Temperature 0C, max 450C at the point of discharge 6. Oils and greases mg/1, max. 20 10A I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2008'02'01 PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 01.02.2008

LIST III (Contd.,)

TOLERANCE LIMITS FOR INDUSTRIAL AND DOMESTIC WASTE DISCHARGED INTO MARINE COASTAL A REAS

No. Parameter Unit Tolerance Limit Type of limit Values

7. Phenolic compunds (as Phenolic OH) mg/1, max. 5 8. Chemical oxygen demand (COD) mg/1, max. 250 9. Total residual chlorine mg/1, max. 1.0 10. Ammoniacal Nitrogen (as N) mg/1, max. 50 11. Cyanide (as CN) mg/1, max. 0.2 12. Sulphides (as S) mg/1, max. 5.0 13. Fluorides (as F) mg/1, max. 15 14. Arsenic (as As) mg/1, max. 0.2 15. Cadmium (as Cd) mg/1, max. 2.0 16. Chromium, total (as Cr) mg/1, max. 2.0 17. Chromium, Hexavalent (as Cr6+) mg/1, max. 1.0 18. Copper (as Cu) mg/1, max. 3.0 19. Lead (as Pb) mg/1, max. 1.0 20. Mercury (as Hg) mg/1, max. 0.01 21. Nickel (as Ni) mg/1, max. 5.0 22. Selenium (as Se) mg/1, max. 0.1 23. Zinc (as Zn) mg/1, max. 5.0 24. Pesticides mg/1, max. 0.005 25. Organo-Phosphorus compounds mg/1, max. 1.0 26. Chlorinated hydrocarbons (as C1) mg/1, max. 0.02 27. Faecal coliform MPN/100m1, max. 60

28. Radio Active Material : (c ) Alpha emitters micro curie/m1, max 10-8 (d) Beta emitters micro curie/m1, max 10-7

Note 1 : All efforts should be made to remove unplesant odour and colour as far as practicable.

Note 2 : These values are based on dilution of effluents by at least 8 volumes of clean receiving water. if the dilution is below 8 times, the permissible limits are muiltiplied by the 1/8 of the actual dilution. I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2008'02'01 11A PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 01.02.2008 LIST IV

TOLERANCE LIMITS FOR WASTE FROM RUBBER FACTORIES BEING DISCHARGED INTO INLAND SURFACE WATERS

Parameters Units Tolerance Limit Value Type I* Type II** Type of limit Factories Factories

1 pH value at ambient temperature - 6.5 to 8.5 6.5 to 8.5 2 Total suspended solids mg/1, max. 100 100 3 Total Solids mg/1, max. 1500 1000

4 Biochemical Oxygen Demand, BOD5 in five mg/1, max. 6 0 50 0 0 days at 20 C or BOD3 in three days at 27 C 5 Chemical Oxygen Demand (COD) mg/1, max. 400 400 6 Total Nitrogen (as N) mg/1, max. 300 60 7 Ammonical Nitrogen (as N) mg/1, max. 300 40 8 Sulphides (as S) mg/1, max. 2.0 2.0

* Type I Factories – Latex Concentrate ** Type II Factories – Standard Lanka Rubber ; Crepe Rubber and Ribbed Smoked Sheets Note I : All efforts should be made to remove unplesant odour and colour as far as practicable. Note 2 : These values are based on dilution of effluents by at least 8 volumes of clean receiving water. If the dilution is below 8 times, the permissible limits are multiplied by the 1/8 of the actual dilution.

LIST V

TOLERANCE LIMITS FOR WASTE FROM TEXTILE INDUSTRY BEING DISCHARGED INTO INLAND SURFACE WATERS

No. Parameter Unit Tolerance Limit type of limit values

01. pH at ambient temperature 6.5 to 8.5 02. Temperature 0C, max. 40 measured at site of sampling 03 Total suspended solids mg/1, max. 50 04 Biochemical Oxygen Demand mg/1, max. 60 0 BOD5 in five days at 20 c or BOD3 in a three days at 270c 05 Colour Wavelength Maximum spectral Range Absorption coefficient 436 nm 7m-1 (Yellow range) 525 nm 5m-1 (Red range) 620 nm 3m-1 (Blue range) 06. Oils and grease mg/1, max. 10 07. Phenolic compounds (as Phenolic OH) mg/1, max. 1.0 08. Chemical Oxygen Demand (COD) mg/1, max. 250 09. Sulphides (as S) mg/1, max. 2.0 12A I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2008'02'01 PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 01.02.2008 LIST V (Contd).,

TOLERANCE LIMITS FOR WASTE FROM TEXTILE INDUSTRY BEING DISCHARGED INTO INLAND SURFACE WATERS

No. Parameter Unit Tolerance Limit type of limit values 10. Chromium total (as Cr) mg/1, max. 2.0 11. Hexavalent Chromium (as Cr+6) mg/1, max. 0.5 12. Copper, total (as Cu) mg/1, max. 3.0 13. Zinc, total (as Zn) mg/1, max. 5.0 14. Ammoniacal nitrogen (as N) mg/1, max. 6 0 15. Chloride (as Cl) mg/1, max. 7 0

Note I : All efforts should be made to remove unplesant odour and colour as far as practicable. Note 2 : These values are based on dilution of effluents by at least 8 volumes of clean receiving water. If the dilution is below 8 times, the permissible limits are multiplied by the 1/8 of the actual dilution. LIST VI

TOLERANCE LIMITS FOR WASTE FROM BEING DISCHARGED FROM TANNING INDUSTRIES No. Parameter Unit Tolerance Limit Tolerance Limit Type of Limit Values Values for Effluents for Effluents Discgharged Discharged into Inland Surface into Marine Coastal Waters Areas

01 pH value at ambient temperature 0C 5.5 - 9.0 5.5 - 9.0 02 Total suspended solids mg/1, max. 100 150 03 Biochemical Oxygen Demand mg/1, max. 60 100 0 (BOD5 in five days at 20 C or BOD3 in three days at 270C) 04 Chemical Oxygen Demand (COD) mg/1, max. 250 300 05 Colour Wavelength Maximum Range Absorption coefficient 436 nm (Yellow range) 7m-1 - 525 nm (Red range) 5m-1 - 620 nm (Blue range) 3m-1 -

06 Alkalinity (as Ca CO3) mg/1, max. 750 - 07 Chloride (as C1) mg/1, max. 1000 - 08 Hexavalent Chromium (as Cr+6) mg/1, max. 0.5 0.5 09 Chromium total (as Cr) mg/1, max. 2.0 2.0 10 Oils and Grease mg/1, max. 10 2 0 11 Phenolic Compounds (as phenolic OH) mg/1, max. 1.0 5.0 12 Sulphides (as S) mg/1, max. 2.0 5.0 Note I : All efforts should be made to remove unplesant odour and colour as far as practicable. Note 2 : These values are based on dilution of effluents by at least 8 volumes of clean receiving water. If the dilution is below 8 times, the permissible limits are multiplied by the 1/8 of the actual dilution. I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2008'02'01 13A PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 01.02.2008 LIST VII

TOLERANCE LIMITS FOR DISCHARGE OF EFFLUENTS INTO PUBLIC SEWERS WITH CENTRAL T REATMENT PLANTS

No. Parameter Unit Tolerance Limit type of limit values 1. Total suspended solids mg/1, max. 500 2. pH at ambient temperature - 5.5 - 10.0 3. Temperature 0C, max. 45 4. Biochemical oxygen demand mg/1, max. 350 0 (BOD5 in five days at 20 C or BOD3 in three days at 270C) 5. Chemical Oxygen Demand (COD) mg/1, max. 850 6. Total Kjeldahl nitrogen (as N) mg/1, max. 500 7. Free ammonia (as N) mg/1, max. 50 8. Ammoniacal nitrogen (as N) mg/1, max. 50 9. Cyanide (as CN) mg/1, max. 2 10. Total residual chlorine mg/1, max. 3.0 11. Chlorides (as Cl) mg/1, max. 900 12. Flourides (as F) mg/1, max. 20 13. Sulphide (as S) mg/1, max. 5.0

14. Sulphates (as SO4) mg/1, max. 1000 15. Arsenic (as As) mg/1, max. 0.2 16. Cadmium (as Cd) mg/1, max. 1.0 17. Chromium , total (as Cr) mg/1, max. 2.0 18. Copper (as Cu) mg/1, max. 3.0 19. Lead (as Pb) mg/1, max. 1.0 20. Mercury (as Hg) mg/1, max. 0.005 21. Nickel (as Ni) mg/1, max. 3.0 22. Selenium (as Se) mg/1, max. 0.05 23. Zinc (as Zn) mg/1, max. 5.0 24. Pesticides mg/1, max. 0.2 25. Detergents/surfactants mg/1, max. 50 26. Phenolic compounds (as phenolic OH) mg/1, max. 5 27. Oil And Grease mg/1, max. 30 28. Radio Active Material : (e) Alpha emitters micro curie/m1, max 10-8 (f) Beta emitters micro curie/m1, max 10-7

Notes : The following conditions should be met : * discharge of high viscous material should be prohibited. * Calcium Carbide sludge should not be discharged. * substances producing inflammable vapours should be absent. 14A I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2008'02'01 PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 01.02.2008

SCHEDULE II

APPLICATION FOR A LICENCE FOR THE EMISSION OF WASTE

Form A (Regulation 5) National Environmental Act, No. 47 of 1980 (Section 23 A)

FORM OF A PPLICATION FOR AN ENVIRONMENTAL PROTECTION LICENCE FOR EMISSION AND DISPOSAL OF WASTE

Application No. : ...... Date : ...... Sector : ...... Category : ......

Name of Industry :

Type of Industry : Manufacture/Assembly/Formulation/Repacking/Processing/other (specify)

Name of Applicant :

Postal Address : Telephone No. :

1.General Description of Industry

1.1 Nature of Industry :

1.2 Location of Industry :

(Location map and a clear route sketch with landmarks to the site to be annexed.)

Address :

1.3 Name of local authority :

1.4 Is the site within an approved Industrial Zone ?

1.5 Amount of Capital Investment :

Local : Foreign :

1.6 Date of commencement of operation :

1.7 No. of Shifts/Day and Times :

1.8 No. of Workers in Each Shift :

1.9 A List of permits obtained from Local or State Authorities permitting the Establishment and Operation of the Industry.

(Please attach photocopies) : I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2008'02'01 15A PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 01.02.2008 Name Date of Issue Date of Expiry (a) ...... (b) ...... (c) ...... (d) ...... (e) ...... 1.10 Land use of the area within 5 km radius - Residential / Commercial / Agricultural / Open Space / Public area / Marshy lands / salt Marshy Land / Mangrove / Natural Reserve / Other (specify) : 1.11 List of existing industries / institutions / Agricultural land within 2 km radius : 1.12 Land available for treatment plant :

2. Manufacturing Process 2.1 List of main manufactured products and capacities : 2.2 List of by-products : 2.3 Process Details : 2.3.1. A brief description of the processes used (attach process flow diagram) : 2.3.2. Raw materials used : (State item wise quantity per day at all stages of manufacture) 2.3.3. Chemical used : Chemical Name Trade Name Quantity / Day / (in kg) 2.3.4. Precautionary measures adopted in the transport and handling of any hazardous / toxic / flammable / explosive materials : 2.3.5. Storage facilities for hazardous / toxic / flammable / explosive materials : 2.3.6. Do you have adequate fire fighting equipment ? 2.3.7. If so, details of such equipment : 3. Water 3.1 Water - Requirement Processing : m3 / day Cooling : m3 / day Washing : m3 / day Domestic : m3 / day 3.2 Source of Water 1. Public Supply 2. Ground Water (Wells , springs) 3. Surface water (Stream, river) 3.3 Total daily discharge : m3 / day : 3.4 Method of discharge : Open Channel / Pipeline / Covered Drains / Other : 3.5 Final point of discharge of waste water : Agricultural land / Marshy land / Sewer / Lake / River / Ela / Estuary / Sea / Other 3.6 What other specific toxic substances are discharged” (specify nature and concentration -eg., Inorganics and organics including pesticide, Organic Chlorine Compounds, Heavy Metals etc)., 16A I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2008'02'01 PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 01.02.2008 3.7 Methods of treatment of Waste Water (Diagrams of Treatment Process to be included);

3.8 Methods adopted for recording characteristics of waste water before and after treatment ;

3.9 Give details of reuse of water or water recycling, if any ;

4. Solid Waste

4.1 Type and Nature of Solid Wastes :

4.2 Total quantity of solid waste - kg/day :

4.3 Methods of disposal of solid wastes - Municipal collection system/Land Fill/ Incineration/Composting/Sold/ Recycle :

5. Atmospheric Emissions Is there emission to the atmosphere : Yes/No - if “Yes” complete the following :

5.1 Possible emissions :

(a) Oxides of Nitrogen — (b) Oxides of Sulphur— (c ) Dust and Soot— (d) Any Other—

5.2 No. of Stacks/Chimneys : Height :

6. Does your industry cause odour problem. Source : Method of Abatement :

7. Noise Pollution 7.1 does your industry cause noise pollution : Yes/No 7.2 if “Yes”, source : Method of abatement :

8. Energy Requirements 8.1 Total Energy Consumption : (a) In-plant generation : (b) public supply :

8.2 Details of Machinery used in the industry and their Horse Power Ratings :

8.3 Types of Fuel Used : (a) Purpose : (b) Daily consumption :

9. Recycling/Reuse 9.1 Possible salvage of any waste material for reuse : Specify : I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2008'02'01 17A PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 01.02.2008 10. Expansion of Industry

Describe your plans for future expansion of the industry, State whether proposed expansion will alter the manufacturing process, raw material, usage and finished products.

I hereby certify that the particulars furnished by me in this application are true and correct. I am aware that if any particulars herein are found to be false or incorrect, my application will be refused and the licence, if issued, will be cancelled.

...... Signature of Applicant, Date.

Additional Information required from Chemical industries

Details information on the following has to be provided :

1. A site map extending half a mile beyond the boundaries of the property depicting the facility, the discharge points for effluents, wells, springs and other surface water bodies and drinking water wells. 2. A description of the procedures, structures and equipment used at the facility in relation to (I) and (II) to : (i) Prevent hazards in transport and unloading operations of chemicals : (ii) Prevent undure exposure of personnel to chemicals (protective clothing etc.,) 3. A description of the following – (i) precautions to prevent accidental fires resulting from storage of chemicals ; (ii) available fire fighting equipment ; (iii) training of personnel in fire fighting. 4. A description of storage system for bulk chemicals prior to use in the industrial process. 5. A description of recovery methods of use chemicals , if any. For Official Use Only

Licence Application No.:...... Sector ( ) Category ( ) 1. Date of receipt of application :...... 2. Reference Plans, Reports and other documents received : 3. If any additional information was requested, details of such requests :...... 4. If the observation of any other Agency was requested, details of such requests :...... 5. Whether a Licence is granted : Yes/No. 6. If a Licence is granted : (a) No. of the Licence :...... (b) Date of Licence :...... (c) Validity period :...... (d) Date of expiry :...... (e) Conditions attached (if any) :...... 7. Reasons for refusal, if licence is refused : —————. Designation and Signature of the authorized officer. Date. 18A I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2008'02'01 PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 01.02.2008

NATIONAL ENVIRONMENTAL ACT, No. 47 OF 1980

FORM B

(Regulation 6)

AN ENVIRONMENTAL PROTECTION LICENCE FOR EMISSION AND DISPOSAL OF WASTE ISSUED UNDER SECTION 23 B

M/s...... of...... situated within the area of authority of the Pradeshiya Sabha/Municipal Council/Urban Council of...... is/are hereby authorized to discharge/deposit waste and/or emit noise/vibrations/air emissions which may arise as a result of the operation of the said industry/process, in accordance with the standards and criteria prescribed by the National Enviornmental (Protection and Quality) Regulations No. 1 of 2008 and the National Environmental (Noise control) Regulation No. 01 of......

This licence shall be in force form...... to...... unless it is earlier cancelled or suspended.

This licence is subject to the general terms and conditions stated overleaf AND to the additional terms and conditoins stated below.

1. 2. 3. 4. Chairman/Director General/Authorized Officer, Central Environmental Authority. Date :......

General Terms and Conditions

1. The licence shall be valid for such period as may be specified in the license, provided it shall not be for more than a period of three years from the date of issue. An application for renewal of the license shall be made at least three months prior to the date of expiry of the license. 2. The holders of the Licence shall permit the Director General or any other officer duly authorized in writing by him at any time to enter the premises in respect of which the Licence is issued to examine and inspect any equipment or industrial plant ; and (a) to take samples of any pollutants that are emitted, discharged or deposited from or by such equipment or industrial plant ; (b) to examine books, records or documents relating to the performance or use of such equipment or industrial plant or relating to the emission, discharge or deposition from such industrial plant ; (c) to take photographs of such equipment or industrial plants as he considers necessary or make copies of any books, records or documents seen in the course of such examination; and (d) to take samples of any fuel, substance or material used, in such trade, industry or process carried on in or on such premises. 3. The holder of the Licence shall comply with any requirement communicated from time to time by the Authority as regards : (a) the use of any techniques or installations in the production/process, handling and storage of goods, material, fuel and waste products with a view to minimizing environmental pollution and hazards ; and (b) any additional technical measures for preventing or mitigating environmental pollution and hazards. I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2008'02'01 19A PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 01.02.2008 4. The holder of the Licence shall ensure that monitoring of environmental pollution or other acts that the authority considers neceesary to protect the environment, including the following are done: (a) measurements, calculation, registration of samples to determine actual level of pollution and risk of exposure ; (b) recording and sorting of data and reporting to the Authority ; (c) issuing written instructions to persons employed with regard to handling of hazardous material and installations to protect the environment ; (d) assigning duties and responsiblities to management and staff with regard to protection of the environment ; and (e) ensuring that persons referred to in (c)above, and charged with duties and responsibilities referred to in (d) above are properly qualified persons. 5. This Licence is avlid only for the type and nature of the industry/process/operation as stated in the preliminary application and to the information submitted by the Licencee. 6. Any alteration or extension made to the industry, process or operation should be indicated forthwith to the Authority.

Chairman/Director General/Authorized Officer, Central Environmental Authority. Date :......

Form C (Regulation 6)

APPLICAITON FOR RENEWAL OF ENVIRONMENTAL PROTECTION LICENCE FOR EMMISIION AND DISPOSAL OF WASTE

Application No. : ...... Date : ...... Sector : ...... Category : ......

1. Name and location of Industry : 2. Name and address of applicant : 3. Previous Licence No : 3.1 Issued on ...... 3.2 Valid until...... 4. Any changes/alterations/expansions of the industry since last licence was issued – (give details) : 5. State if manufacturing process/raw material usage/finished products have been altered in any way. 6. Details of monitoring reports submitted to the Central Environmental Authority during the year : 7. Any other additional information : I hereby certify that the particulars furnished by me in this application are true and correct. I am aware that if any particulars herein are found to be false or incorrect, my application will be refused and the licence if issued will be cancelled.

...... Signature of Applicant. Date :...... 20A I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2008'02'01 PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 01.02.2008

For Office use only

1. Was licence renewed – Yes/No 2. If renewed No. of licence ...... Date of licence ...... Validity period ...... Date of expiry ...... Conditions attached (if any)

3. If renewal of licence is refused reasons for refusal :

...... Signture and Designation of Athorized Officer. Date :......

SCHEDULE III

LICENSING FEE

The Licence fee and the Renewal fee for each of the activities specified in Part “A” of the Order made under Section 23 and published in Gazette No. 1533/16 dated 25th January, 2008, shall be levied by the authority on the following basis :- One year or less — Rs. 7,500/- The Licence Fee and the renewal fee for each of the actitivies specified in the Part “B” of the order made under Section 23 and published in Gazette No. 1533/16 dated 25th January, 2008, shall be levied by the authority on the following basis :- For three years or less — Rs. 6,000/- The Licence Fee and the renewal fee for each of the actitivies specified in the Part “C” of the order made under Section 23 and published in Gazette No. 1533/16 dated 25th January, 2008, shall be levied by the authority on the following basis :- For three yeas or less — Rs. 4,000/-

SCHEDULE IV

Form A (Registration 16(b) National Environmental Act, No. 47 of 1980 ( Section 23A)

FORM OF APPLICATION FOR A LICENCE FOR SCHEDULED WASTE MANAGEMENT

Application No.:…………………………… Date : ……………………………

Sector : ———————————— Category : —————————————— I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2008'02'01 21A PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 01.02.2008 01. Name of the faciity/activity : 02. Location/address : 03. Telephone No. : 04. Local Authority area : 05. District : 06. Province : 07. Name of the Officer to be contacted in an emergency: 08. Contact details: Mobile phone : Tel.: Fax : E-mail : Address : 09. Authorization required for (Please tick appropriate activity/activities) (a) generation ( ) (b) Collection ( ) (c) Transportation ( ) (d) Storage ( ) (e) Recovery ( ) (f) Recycling ( ) (g) Disposal ( )

( ) Permit for one operation ( ) Permit for multiple operations ………………………………………………………… 10. Full Name of the Applicant/Industry : 11. Contact details Address : Tel. No. : Fax No.: 12. In case of renewal of licence, previous licence number and date :...... 13. Qualifications to engage in the activity covered by the permit: ...... 14. Insurance cover details: ...... 15. Arrangements for security and emergency procedures : ...... 16. Information on accidents as a result of the management of waste : ...... 17. Health and safety measures adopted for the workers and the public: ...... 18. Important Environmental features of the surrounding areas of the site (Please attach a map of the area 2.5km. radius with the site at the centre indicating there in water bodies and important human activities sensitive features): ...... 22A I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2008'02'01 PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 01.02.2008 19. Waste category/categories identified as per the Scheduled VII : ...... 20. Quality and quantity waste handled: ...... 21. Details of the operation system for carrying out the activity/activities: ...... 22. If application is for the establishment of a disposal site, location description and other details: ......

To be filled by Collector 23. Site/s of Collection (Names and address/es): ...... 24. Proposed dates or frequency of collection : ...... 25. Estimated quantity to be collected: ...... 26. Type of packaging envisaged (Eg. bulk, drummed, tanker etc.) and method of collection): ......

To be filled by transpoter

27. Mode of transportation to be used : ...... Class/Type of vehicle : ...... Registered number/s: ...... Number of vehicles : ...... 28. Details of Routes (include road maps) times and dates : ...... 29. What are the emergency measures adopted (including notice of warming to the public) and what are the precautions taken to prevent accidents: : ......

To be filled by Storer 30. Location and extent of the storage site : ...... 31. Type of packaging envisaged (bulk, drummed, tanker, concrete blocks etc.) for storing: ...... 32. Period of time waste will be stored : ...... 33. Information relating to recyling/recovery of final disposal of the waste: ...... 34. What are the emergency measures adopted (including posting of warning to public and what are the precautions taken to prevent accidents: ...... I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2008'02'01 23A PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 01.02.2008 To be filled by recycler/recoverer: 35. Location of the recycling/recovery facility : ...... 36. Method used in the recycling/recovery process : ...... 37. Purpose of recycling/recovery and the market availability for the end product : ...... 38. Emergency measures adopted in the event of an accident : ...... To be filled by Disposer : 39. Location of the site for Disposal : ...... 40. Method of Disposal : ...... 41. Description of the treatment process : ...... 42. Emergency measures adopted at the site in the even of an accident : ...... 43. Information on the after care of the disposal site : ...... —————————, Signature of the Applicant. Date :——— FORM B Form of Licence (Regulation 19(a) National Environmental Act No. 47 of 1980 LICENCE FOR OPERATING A FACILITY FOR SCHEDULED WASTE MANAGEMENT

Licence Number : ...... Date of issue : ...... M/s ...... of...... is hereby authorized to operate a facility for generation, collection, storage, recovery, recycle or disposal of the waste more fully described in the Schedule hereto, on the premises situated at ...... and/or to transport the same from ...... to ...... along the route, time and date set out in the Schedule. This licence shall be in force from ...... to ...... unless it is earlier cancelled or suspended. This licence is subject to the general terms and conditions stated overleaf and to the terms conditions stated below and to such terms as may be specified in the regulations or guidelines for the time being in force under the National Environmental Act, No. 47 of 1980 as amended by Act No. 56 of 1988. Other Terms and Conditions:

1. 2. 3. 4...... , Chairman/Director General, Date :—— Central Environmental Authority. 24A I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2008'02'01 PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 01.02.2008 (DESCRIPTION OF THE QUANTITY AND TYPES, ETC., OF WASTE) General Terms and Conditions: 1. Licence shall be in accordance with the provisions of National Environment Act, No. 47 of 1980. 2. The licence or its renewal shall be produced for inspection at the request of an officer authorized by the Central Environmental Authority or any delegate. The Licence shall be displayed in a place accessible to public. 3. The license shall not rent, lend sell, transfer or otherwise transport the waste without obtaining prior permission of the Central Environmental Authority. 4. Any unauthorized change in personnel, equipment, process and working conditions as mentioned in the application by the licencee shall constitute breach of this authorization. 5. It is the duty of the authorized person to take prior permission of the Central Environmental Authority to close down the facility. 6. An application for the renewal of a licence shall be made as laid down in regulation 16 of the National Environmental (Protection and Quantity) regulation No.l of 1990. 7. This licence shall not be transferred unless under the authorization of the Central Environmental Authority. 8. Any accident which occurs during the management of wastes must be immediately reported to the Central Environmental Authority by the Licensee. Other terms and Contitions: 1. 2. 3. 4.

...... , Chairman/Director General, Central Environmental Authority. Date:——————.

SCHEDULE V [Regulation 27] (Format for maintaining records of waste at the facility)

1. Name and address of the accupier or operator at the facility : 2. Date of issuance of licence and its reference number : 3. Description of waste : Physical form with description Chemical form Total volume and weight (in kg): 4. Description of Storage and treatment of waste:

Date Waste Amount Method of Date Amount Method of Code Storage treatment of of waste waste

5. Details of transportation of waste:

Waste Amount Name & Mode of packing Mode and route of Date and Time Code Address of the of the waste for transportation of transportation consignee of transportation to site disposal the package and amount I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2008'02'01 25A PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 01.02.2008

6. Details of disposal of Waste : Waste Date of Quantity Site of disposal Method of disposal Concentration Persons Code Disposal (identify the location of material in the final involved on the relevant layout waste form in disposal drawing for reference)

7. Details on environmental surveillance: Date of Analysis of Analysis of Analysis of air Analysis of any Measure Ground water soil samples sampling other samples ment (give details) Location depth of Data Location of Depth of Data Location Data of sampling sampling sampling sampling sampling

Name and Signature of the Head of facility.

SCHEDULE VI [Regulation 27(b)] (Format for the sub mission of returns, regarding disposal of scheduled waste)

1. Name and Address of the institution: 2. Details of waste disposal operations:

S Date of Mode of Site of disposal Brief Date of no. issuance of transportation (attach a description disposal the licence Description of Waste to the site of sketch showing of the method disposal the location of of disposal disposal) Physical Chemical Total Form & Form volume of contents the waste disposal with No. of packages

3. Detail of environmental surveillance :

Date of Analysis of Analysis of Analysis of any Measurement Ground Water soil Samples Analysis of air Other samples sampling

Location Depth of Data Location Depth of Data Location of Data of sampling Sampling of Sampling Sampling sampling 26A I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2008'02'01 PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 01.02.2008 Name and address of the Head of facility. Certificate by authorized person This is to certify that I have examined the above return, and have satisfied myself of the accuracy of the facts stated there in by physical examination and scientific tests as are necessary for such purpose...... , Authorized Person. Date :———————.

SCHEDULE VII [Regulation 36] (Form for reporting accidents) 1. The date and time of the accident : 2. Location : 3. Sequence of events leading to accident : 4. The waste involved in the facility : 5. The data for assessing the effects of the accidents on health or the environment: 6. The emergency measures taken : 7. The steps taken to alleveiate the effects of accident : 8. The steps taken to prevent the recurrence of such an accident : 9. Names, address and next of kin of persons affected by the accident : 10. Step taken to pay compensation to victims of the accident together with insurance claiming and settlements:

SCHEDULE VIII List of Scheduled Wastes

Waste Scheduled Waste Code PART I - SCHEDULED WASTES FROM NON-SPECIFIC SOURCES 1. Mineral Oil and Oil-Contaminated Wastes N011 Spent oil or grease used for lubricating industrial machines N012 Spent hydraulic oil from machines, including plastic injection moulding machines, turbines and die-casting machines. N013 Spent oil-water emulsion used as coolants N014 Oil tanker sludges N015 Oil-water mixture such as ballast water N016 Sludge from oil storage tank 2. Waste containing polychlorinated biphenyls (PCBs) or polychlorinated triphenyls (PCTs) N021 Spent oil contaminated with PCB and/or PCTs N022 Electrical equipment or parts containing or contaminated with PCBs and/or PCTs N023 Retrofilled transformer contaminated with PCBs and/or PCTs N024 Containers and all waste materials contaminated with PCBs and/or PCTs 3. Spent organic solvents containing halogen or sulphur, including methylene chloride, 1, 1, 1,-trichloroethane, perchloroethylene and dimethyl sulphide N031 Spent halogenated solvents from cleaning and degreasing processes I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2008'02'01 27A PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 01.02.2008 4. Spent aromatic organic solvents not containing compounds of organic halogen or sulphur, including toluene, xylene, turpentine and kerosene. N041 Spent aromatic organic solvents from washing, cleaning, or degreasing processes

5. Spent non-aromatic organic solvents without containing compounds of organic halogen or sulphur, including acetone, ketones, alcohols, cleaning-benzene, and dimethyl formamide N051 Spent non-aromatic organic solvents from washing, cleaning or degreasing processes

6. Residues from recovery of halogenated solvents, may contain oil, fat and solvents N061 Residues from recovery of halogenated solvents

7. Residues from recovery of non-halogenated solvents, may contain oil, fat and solvents N071 Residues from recovery of non-halogenated solvents

8. Spent organometallic compounds may be mixed with benzene excluding mercury compounds N081 Residues of organometallic compounds, including tetraethyl lead, tetramethyl lead and organotin compounds from mixing process of anti-knock compound with gasoline

9. Flux wastes, may contain mixture of organic acids, solvents of compounds of ammonium chloride N091 Flux wastes from fluxing bath of metal treatment processes

10. Spent aqueous alkaline solutions not containing cyanide, may contain heavy metals N101 Spent aqueous alkaline solutions from treatment process of metal or plastic surfaces N102 Spent aqueous alkaline solutions from bleaching process of textile materials

11. Spent aqueous alkaline solutions containing cyanide, may contain heavy metals N111 Spent aqueous alkaline solution containing cyanide from treatment process of metal or plastic surfaces

12. Spent aqueous chromic acid solutions N121 Spent aqueous chromic acid solutions from treatment process of metal or plastic surfaces N122 Spent aqueous chromic acid solution from leather tannery processes

13. Spent aqueous inorganic acid solutions other than spent chromic acid solutions, may contain heavy metals N131 Spent aqueous acid solutions from treatment process of metal or plastic sufaces N132 Spent aqueous inorganic acid solutions from industrial equipment cleaning

14. Spent aqueous or discarded photographic waste from film processing or plates making N141 Spent aqueous or discarded photographic waste from film processing or plate making

15. Metal hydroxide sludges containing one or several metals, including chromium, copper, nickel, zinc, lead, cadmium, aluminium and tin N151 Metal hydroxide sludges from wastewater treatment system

16. Plating bath sludges containing cyanide N161 Plating bath sludges containing cyanide from metal finishing processes

17. Spent salt containing cyanide N171 Spent salt containing cyanide from heat treating process

18. Sludges of inks, paints, dyes, pigments, lacquer with or without orgnic solvent N181 Paint sludges from solvent recovery of solvent-based paint waste N182 Ink sludges from solvent recovery of solvent-based ink waste N183 Lacquer sludges from solvent recovery of solvent-based lacquer waste 28A I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2008'02'01 PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 01.02.2008 N 184 Paint sludges from paint wastewater treatment system N 185 Ink sludges from ink wasterwater treatment system N 186 Pigment sludges from pigment wastewater treatment system N 187 Dye sludges from dye wastewater treatment system

19. Wastes from the production, formulation and use of printing ink, paint, pigment, lacquer or varnish containing organic solvents N 191 Discarded or off-specification ink, pigment and paint products

20. sludges, dust, slag, dross and ashes, may contain oxides or sulphate or one of several metals, including lead, cadmium, copper zinc, chromium, nickel, iron, vanadium, and aluminium N 201 Dross, slag, ash, dust from metal smelting process or dust emission control system N 202 Dross from soldering process N 203 Residues from recovery of acid pickling liquor N 204 Hydroxide or sulphate sludges from wastewater treatment system

21. spent or discarded strong acids or akalis N 211 Spent or discarded acid of pH less or equal to 2 N 212 Spent or discarded alkali of pH greater or equal to 12.5

22. Spent oxidizing agents N 221 Spent oxidizing agent 23. Contaminated soil. water, debris or matter resulting from clean-up of a spill or chemical or scheduled waste N 231 Contaminated soil, water debris or matter resulting from cleanup of a spill or chemical or scheduled waste

24. Immobilized scheduled wastes, including chemically fixed or encapsulated sludges N 241 Immobilized scheduled wastes

25. Discarded drugs except living vaccines and euphoric compounds N 251 Discarded drugs except living vaccines and euphoric compounds

26. Pathogenic and clinical wastes and quarantined materials N 261 Pathogenic and clinical wastes and quarantined materials

27. Containers and bags containing hazardous residues and material N 271 Used containers or bags contaminated with scheduled waste and residues.

28. Mixtures of scheduled wastes N 281 A mixture of scheduled wastes N 282 A mixture of scheduled and non-scheduled wastes

29. Mercury wastes containing metallic mercury, organic and inorganic mercury compounds N 291 Discarded, Used, fused, broken and off specified fluorescent lamps/bulbs

30. Waste Electrical and Electronic Equipments N 301 Discarded Computers and accessories N 302 Discarded Mobile phones. I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2008'02'01 29A PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 01.02.2008

PART II - SCHEDULED WASTES FROM SPECIFIC SOURCES

1. Mineral Oil and Oil-Contaminated Wastes

S011 Waste oil or oily sludge from waste water treatment plant of oil refinery or crude oil terminal S 012 Oily residue from automotive workshop or service station oil grease interceptor S 013 Oil contaminated earth from re-refining of used lubricating oil S 014 Oil or sludge from oil refinery maintenance operation.

2.Tar or tarry residues from oil refinery petrochemical plant S 021 Tar or tarry residues from oil refinery or petrochemical plant

3. Waste of printing inks, paints, dyes, pigments, lacquer, varnish or wood preservative containing organic solvents S 031 Ink waste from washing of reaction tank or container of ink manufacturing plant. S 032 Paint waste from washing of reaction tank or container of paint manufacturing plant S 033 Dyes waste from washing or reaction tank or container of dyes manufacturing plant S 034 Pigment waste from washing of reaction tank or container of pigment manufacturing plant. S 035 lacquer or vanish Pigment waste from washing of reaction tank or container of lacquer or varnish manufacturing plant.

4. Clinker, slag and ashes from scheduled wastes incinerator S 041 Clinker, slag and ashes from scheduled wastes incinerator

5. Waste or printing inks, paints, dyes, pigments, lacquer without containing solvents S 051 Water based Paint waste from the washing of reaction tank or container of paint manufacturing plant. S 052 Water based Ink waste from the washing of reaction tank or container of ink manufacturing plant. S 053 Water based dye and pigment waste from the washing of reaction tank or container of dye and pigment manufacturing plant. S 054 Ink waste from the washing of cleaning of printing machine of printing works. S 055 Pigment waste from brick and tile works S 056 Paint waste from the paint spraying of dipping process of metal works, motor vehicle assembly plant or electrical appliances manufacturing plant.

6. Spent tars or anti-corrosion oils

S 061 Anti-corrosion oils or tar residues from the sealing or spraying or casting processes of motor vehicle assembly plant or automotive workshop.

7. Spent ethylene glycol

S 071 Contaminated ethylene glycol from gas processing plant. S 072 Unhardened ethylene glycol from polyester manufacturing plant

8. Waste containing phenol or formaldehyde S 081 Phenol or formaldehyde waste from the washing or reaction or mixing tank of adhesive or glue or resin manufacturing plant S 082 Sludges containing phenol or formaldehyde waste from the Waste water treatment system of adhesive or glue or resin manufacturing plant

9. Residues of isocyanate compounds, excluding solid polymeric materials. S 091 Residues of isocyanate compounds from foam manufacturing process. 30A I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2008'02'01 PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 01.02.2008 10. Adhesive or glue waste may contain organic solvents, excluding solid polymeric materials S 101 Off-specification adhesive or glue products from adhesive or glue manufacturing plant S 102 Effluent from the washing of the reaction or processing tank of adhesive or glue manufacturing plant.

11. Uncured resin waste, may contain organic solvents or heavy metals including epoxy resin phenolic resin S 111 Uncured resin residues form electronic or semiconductor, electrical appliances, fibreglass manufacturing plants and metal works. S 112 Effluents from washing of reactor of resin manufacturing plant S 113 Resin sludge from waste water treatment system of resin manufacturing plant

12. Latex effluent, rubber or latex Sludges containing organic solvents or heavy metals S 121 Rubber or latex sludges containing heavy metals from the waste water treatment system of rubber products manufacturing plant. S 122 Rubber or latex sludges containing organic solvent from rubber products manufacturing plant. S 123 Latex effluent from rubber products manufacturing plant.

13. Sludges from the re-refining of used oil products including oily sludges containing acid or lead compounds. S 131 Acid sludge from the re-refining of used lubricating oil.

14. Sludges containing fluoride S 141 Sludges containing fluoride from the waste water treatment system of electronic or semiconductor manufacturing plant.

15. Mineral sludges, including calcium hydroxide sludges, phosphating sludges, calcium sulphite sludges and carbonate sludges. S 151 Sludges from phosphating process of motor vehicle assembly, air conditioning, electrical appliances and electronic or semiconductor plants. S 512 Sludges from the waste water treatment system of plant producing ceramic or tiles, industrial gas and bleaching earth containing heavy metals.

16. Asbestos waste

S 1611 Asbestos sludges from the waste water treatment system of Asbestors/cement products manufacturing plant. S 162 Asbestos dust or loose asbestos fibre wasts from asbestos/cement products manufacturing plant. S 163 Empty bags or sack containing loose asbestos fibres from asbestos/cement products manufacturing plant. S 164 Waste arising from repairing/renovation processes and demolition/construction debris containing asbestos.

17. Waste from the production, formulation, repacking, and trade of pesticides ; including herbicides, Insecticide, rodenticides, and fungicides. S 171 Dust from air emission control equipment, or exhaust systems of pesticides production, formulation and repacking plants. S 172 Sludges from wastewater treatment systems of pesticides production, formulation and repacking plants. S 173 Residues from filtering process of intermediate products at pesticides production and formulation plants. S 174 Waste from washing of reaction tank or mixing tank and spillages at pesticide production and formulation plants and spillages at pesticides repacking plants. S 175 Solid residues resulting from stamping process of mosquito coil production plant. S 176 Off-specification and out dated products and contaminated containers from pesticides formulation and repacking plants and trade of pesticides I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2008'02'01 31A PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 01.02.2008 18. Press cake from pre-treatment of glycerol soap lye S 181 Press cake from pre-treatment of glycerol soap lye from detergent or soap or toiletries plants 19. Wastes containing dye S 191 Waste water containing dye from textile manufacturing plant. 20. Waste from wood preserving operations using inorganic salts containing copper, chromium as well as arsenic of fluoride compounds or using compound containing chlorinated phenol or creosote S201 Waste from wood preserving operations using inorganic salts containing copper, chromium as well as arisenic of fluoride compounds or using compound containing chlorinated phenol or creosote 21. Mercury wastes containing metallic mercury, organic and inorganic mercury compounds S 211 Mercury wastes containing metallic mercury from manufacturing of fluorescent lamps S 212 Activated carbon waste containing mercury from hydrogen gas purification process. S 213 Mercury bearing sludges from brine treatment and Mercury bearing brine purification muds from chlorine production plant. 22. Spent catalysts S 221 Spent industrial catalysts from chemical plant manufacturing detergent or soap or toileries plants. S222 Spent industrial catalysts from petroleum and petro-chemical processes S 223 Spent industrial catalysts from sulphuric acid and other inorganic acid manufacturing process

23. Leachate from scheduled waste landfills. S 231 Leachate from scheduled waste landfills.

24. Rags, papers plastics or filters contaminated with organic solvents S 241 Rags, papers plastics or filters contaminated with paint or ink or organic solvent from motor vehicle assembly plants, metal works, electronic or semiconductor plants and printing or packaging plants.

25. Containers and bags containing hazardous residues S251 Used containers or bags contaminated with residues of raw materials and products of pesticide formulation plant

26. Discarded or off specification batteries containing lead, mercury, nickel, cadmium, lithium and Electrolyte from batteries and accumulators. S 261 Discarded or off specification batteries from battery manufacturing plant S 262 Used or off specified batteries and accumulators

27. Pharmaceutical waste S271 Waste water from washing of reaction vessels and floors of Pharmaceutical products manufacturing plant. S 272 Sludges containing pharmaceutical material from waste water treatment plants of pharmaceutical manufacturing/ formulation plants

28. Bio Medical and Health Care Waste from Health Care Institution including Medical Laboratories and Research Centres. S 281 Infectious health care waste including laboratory cultures; waste from isolation wards ; tissues (swabs), materials or equipment that have been in contact with infected patients ; Human tissues or fluids S 282 Sharps including needles and scalpels S 283 Biological and Anatomical waste including tissues, organs, body parts, human fetuses and animal carcasses, blood, and body fluids. S 284 Outdated and discarded drugs including cytotoxic drugs and chemical reagents S 285 Materials and containers contaminated with the above specified waste

02-289

PRINTED AT THE DEPARTMENT OF GOVERNMENT PRINTING, SRI LANKA. National Environmental (Amendment) Act, No. 56 of 1988 [Certified on 12 December, 1988]

AN ACT TO AMEND THE NATIONAL ENVIRONMENTAL ACT, NO. 47 OF 1980

BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows :-

1. This Act may be cited as the National Environmental (Amendment) Act, Short Title No. 56 of 1988.

2. The long title of the National Environmental Act, No. 47 of 1980 Amendment to the (hereinafter referred to as the “principal enactment’) is hereby amended long title of Act No. 47 of 1980 by the substitution for the words “for the protection and management of the environment”, of the words “for the protection, management and enhancement of the environment, for the regulation, maintenance and control of the quality of the environment; for the prevention, abatement and control of pollution”.

3. Section 5 of the principal enactment is hereby amended in subsection (1) Amendment of of that section as follow:- section 5 of the principal enactment (1) by the substitution in paragraph (b) of that subsection for the words “functions and duties ; and”, of the words “functions and duties”;

(2) by the substitution in paragraph (c) of that subsection, for the words “in or outside Sri Lanka”, of the words “in or outside Sri Lanka ; and” ; and

(3) by the addition immediately after paragraph (c) of that subsection of the following new paragraph:-

“(d) all such sums of money as may be received by the Authority as licence fee.”

4. Section 7 of the principal enactment is hereby amended in subsection (1) Amendment of of that section by the substitution for paragraphs (r), (s) and (t) of the section 7 of the principal following paragraphs:- enactment

“ (r) a senior officer of the Ministry of the Minister in charge of the subject of Trade and Shipping nominated by such Minister ;

(s) a senior officer of the Ministry of the Minister in charge of the subject of Defence nominated by such Minister ;

(t) a senior officer nominated by the Minister in charge of the Greater Colombo Economic Commission established under the Greater Colombo Economic Commission Law, No. 4 of 1978 ;

(u) the person holding office for the time being as the Director- General of the Authority ;

(v) seven members to represent the interests of voluntary agencies in the field of environment ; and (w) two members from among persons with adequate expertise or experience in environmental protection and management.”

5. Section 10 of the principal enactment is hereby amended as follows:- Amendment of Section 10 of the principal enactment (1) by the repeal of subsection (2) of that section ;

(2) by the re-numbering of subsection (1) of that section as section 10 ;

(3) by the re-numbering of paragraphs (f), (g), (h), (i), (j), (k), (l), (m), (n), (o), (p), (q) and (r) ; and

(4) by the insertion immediately after paragraph (e) of the re-numbered section 10, of the following new paragraphs:-

(f) to be responsible for the co-ordination of all regulatory activities relating to the discharge of wastes and pollutants into the environment and the protection and the improvement of the quality of the environment ;

(g) to regulate, maintain and control the volume, types, constituents and effects of waste, discharge, emissions, deposits or other sources and subsources of pollution which are of danger or potential danger to the quality or the environment of any segment of the environment ;

(h) to require the submission of proposals, for new projects and changes in or abandonment of existing projects, for the purpose of evaluation of the beneficial and adverse impacts of such proposals on the environment ;

(i) to require any local authority to comply with and give effect to any recommendations relating to environmental protection within the limits of the jurisdiction of such local authority and in particular any recommendations relating to all or any of the following aspects of environmental pollution ;

(i) the prohibition of the unauthorized discharge, emission or deposit of litter, waste, garbage and sewage ;

(ii) the prevention of the discharge of untreated sewage or substandard industrial effluents or toxic chemicals into soil, canals or water ways ;

(iii) the prohibition of the display of posters or bills on walls or buildings or any other unauthorized places and regulations of the erection of advertising hoardings ;

(iv) the prevention of the defacement of the scenic places and public property ;

(v) the control of pollution of the atmosphere ;

(vi) the control of noise pollution ; and

(vii) the storage, transport and disposal of any material which is hazardous to health and environment ;

(j) to appoint special committees to assist it in performance of its functions ;”

6. Section 13 of the principal enactment is hereby amended as follows:- Amendment of section 13 of the principal enactment (1) in subsection (1) of that section, by the substitution for the words, “A General Manager” of the words “A Director-General”;

(2) in subsection (2) of that section, by the substitution for the words “The General Manager shall”, of the words “the Director-General shall” ;

(3) in subsection (3) of that section by the substitution for the words “the General Manager shall”, of the words “the Director-General shall”; and

(4) by the substitution for the marginal note to that section, of the following marginal note:-

“Director-General, Secretary and Staff of the Authority.”

7. The following new Parts are hereby inserted immediately after Part IV Insertion of new and shall have effect as Part IVA, Part IVB and Part IVC in the principal Parts IVA, IVB and IVC in the enactment:- principal enactment

PART IV A

ENVIRONMENTAL PROTECTION

23A. With effect from such date as may be appointed by the Minister by Order Prohibition of the published in the Gazette, (hereinafter referred to as the “relevant date”), discharge, emission or no person shall discharge, deposit, or emit waste into the environment deposit of waste which will cause pollution except – into the environment. (a) under the authority of a licence issued by the Authority ; and

(b) in accordance with such standards and other criteria as may be prescribed under this Act.

23B. (1) The Authority may, on application being made therefore to the Issue of a licence. Authority in such form as may be prescribed, and on payment of the prescribed fee, issue a licence to any person authorizing such person to discharge, deposit or emit, waste into the environment, in accordance with such standards and criteria as may be prescribed under this Act.

(2) Every licence issued under this Part shall –

(a) be in such form as may be prescribed ;

(b) be subject to such terms, conditions and such standards as may be prescribed ;

(c) be valid for such period as shall be specified in the licence, provided, it shall not be for more than a period of twelve months ; and

(d) be renewable.

23C. (1) On receipt of an application under section 23B, the Authority may, Authority may where it considers necessary, refer such application to an refer application to a Government appropriate Government department or public corporation department or requesting that a report be submitted on such application. public corporation. (2) Where an application is referred to Government department or public corporation under subsection (1), the Authority shall not take any decision on such application until it receives the report relating to the same from such department or corporation.

23D. Where a licence has been issued to any person under this Part and such Suspension or person acts in violation of any of the terms, standards and conditions of cancellation of licence. the licence, or where since the issue of the licence, the receiving environment has been altered or changed due to natural factors or otherwise, or where the continued discharge, deposit, or emission of waste into the environment under the Authority of the licence will or could affect any beneficial use adversely, the Authority may by order suspends for any period specified in such order, or cancel such licence.

23E. (1) Any applicant for a licence under this Part who is aggrieved by the Appeals against refusal of the Authority to grant a licence, or, any holder of a licence refusal of licence &c. issued under this Part and who is aggrieved by the suspension or cancellation, or refusal to renew a licence so issued may, within thirty days after the date of the notification of such decision appeal in writing against such refusal, suspension, cancellation or refusal to renew, as the case may be to the Secretary to the Ministry, of the Minister.

(2) The decision of the Secretary to the Ministry of the Minister on any such appeal shall be final.

PART IV B

ENVIRONMENTAL QUALITY

23G. Subject to section 23A of this Act with effect from the relevant date, no Restriction person shall deposit or emit waste into the inland waters of Sri Lanka, regulation and control of except in accordance with such standards or criteria as may be pollution of the prescribed under this Act. inland waters.

23H. (1) No person shall pollute any inland waters of Sri Lanka or cause or Pollution of permit to cause pollution in the inland waters of Sri Lanka so that inland waters of Sri Lanka the physical, chemical or biological condition of the waters is so changed as to make or reasonably expected to make those waters or any part of those waters unclean, noxious, poisonous, impure, detrimental to the health, welfare, safety or property of human beings, poisonous or harmful to animals, birds, wildlife, fish, plants or other forms of life or detrimental to any beneficial use made of those waters.

(2) Without limitation to the generality of subsection (1) a person shall be deemed to contravene the provisions of that subsection, if-

(a) he places in or on any waters or in a place where it may gain access to any waters any matter, whether solid, liquid, gaseous, that is prohibited by or under this Act or by any regulations made thereunder ; (b) he places any waste, whether solid, liquid, or gaseous in a position where it falls, descends, drains, evaporates, is washed, is blown or percolates, is likely to fall, descended, drain, evaporate, be washed, be blown, percolate into any waters or on the bed of any river, stream or other waterway when dry, or knowingly or through his negligence, whether directly or indirectly, causes or permits on such matter to place in such a position ;

(c) he places waste on the bed, when dry, of any river, stream or other waterway or knowingly or through his negligence causes or permits any wastes to be placed on such a bed ; or

(d) he causes the temperature of inland, coastal or off-shore waters of Sri Lanka to be raised or lowered by more than the prescribed limits.

(3) Every person who contravenes the provisions of subsection (1) shall be guilty of an offence, and on conviction shall be-

(a) liable to a fine not less than rupees ten thousand and not exceeding rupees one hundred thousand, and thereafter in the event of the offence being continued to be committed, to a fine of rupees five hundred for each day on which the offence is so continued to be committed ; and

(b) required to take within such period as may be determined by court, such corrective measures as may be deemed necessary to prevent further damage being caused to the inland, coastal and off-shore waters of Sri Lanka and furnish at the end of such period sufficient and acceptable proof of the incorporation of such corrective measures. The court shall also order such person convicted, to bear the expenses that may have been incurred by the authority in the correction of damage already caused as a consequence of the commission of such offence, and where such person fails to bear the expenses so incurred be recovered in like manner as a fine imposed by the court.

(4) Where any person convicted of an offence under subsection (3) continues to commit such offence after a period of six weeks from the date of his conviction, the court may upon an application for closure being made by the Director–General or any officer authorized in that behalf by the Director-General order the closure of such factory or trade, or business being carried at such premises, which caused the pollution of inland, coastal or off- shore waters of Sri Lanka, until such time such person takes adequate corrective measures to prevent further damage being caused.

(5) In any case where such person fails to comply with the closure order issued under subsection (4), the Magistrate shall forthwith order the fiscal of the court requiring and authorizing such fiscal before a date specified in such order not being a date earlier than three or later than seven clear days from the date of issue of such order to close such factory or trade or business being carried at such premises. Such order shall be sufficient authority for the said fiscal or any police officer authorized by him in that behalf to enter the premises with such assistants as the fiscal or such police officer shall deem necessary to close such factory or trade or business being carried at such premises.

23J. Subject to section 23A of this Act with effect from the relevant date, no Restriction on person shall discharge or emit waste into the atmosphere except in pollution of the atmosphere accordance with such standards or criteria as may be prescribed under this Act.

23K. (1) No person shall pollute the atmosphere or cause or permit the Pollution of atmosphere to be polluted so that the physical, chemical or atmosphere biological condition of the atmosphere is so changed as to make or reasonably be expected to make the atmosphere or any part thereof unclean, noxious, poisonous, impure, detrimental to the health, welfare, safety, or property or human beings, poisonous or harmful to animals, birds, wildlife, plant or all other forms of life or detrimental to any beneficial use of the atmosphere.

(2) Without limitation to the generality of subsection (1) a person shall be deemed to contravene that subsection if-

(a) he places in or in such manner that it may be released into the atmosphere, any matter, whether liquid, solid, or gaseous, that is prohibited by or under this Act or by any regulation made thereunder to be placed in the atmosphere or does not comply with any regulations prescribed therefore under this Act ;

(b) he causes or permits the discharge of odours which by virtue of their nature, concentration, volume, or extent are obnoxious or unduly offensive to the senses of human beings ;

(c) he burns, wastes otherwise than at times of in the manner or place prescribed ;

(d) he uses an internal combustion engine or fuel burning equipment not equipped with any device required by the regulations to be fitted to such engine for the prevention or reduction of pollution ; or

(e) he uses or burns any fuel which is prohibited by regulations made under this Act.

(3) Every person who contravenes the provisions of subsection (1) shall be guilty of an offence, and on conviction shall be-

(a) liable to a fine not less than rupees ten thousand and not exceeding rupees one hundred thousand, and thereafter in the event of the offence being continued to be committed, to a fine of rupees five hundred for each day on which the offence is so continued to be committed ;

(b) required to take within such period as may be determined by court, such corrective measures as may be deemed necessary, to prevent further damage being caused by the pollution of atmosphere, and furnish at the end of such period sufficient and acceptable proof of the incorporation of such corrective measures. The court shall also require such person convicted to bear the expenses incurred by the authority in the correction of damage already caused as a result of the commission of such offence.

(4) Where any person convicted of an offence under subsection (3) continues to commit such offence after a period of six weeks from the date of his conviction, the court may upon an application for closure being made by the Director–General or any officer authorized in that behalf by the Director-General order the closure of such factory or trade, or business being carried at such premises, which cause the pollution of atmosphere until such time, such person takes adequate corrective measures to prevent further damage being caused.

(5) In any case where such person fails to comply with the closure order issued under subsection (5), the Magistrate shall forthwith order the fiscal of the court requiring and authorizing such fiscal before a date specified in such order not being a date earlier than three or later than seven clear days from the date of issue of such order to close such factory or trade or business being carried at such premises. Such order shall be sufficient authority for the said fiscal or any police officer authorized by him in that behalf to enter the premises with such assistants as the fiscal or such police officer shall deem necessary to close such factory or trade or business being carried at such premises.

23L. Any person who owns, uses, operates, constructs, sells, installs or offers Failure to fit and to sell or install any machinery, vehicle or boat required by or under this maintain prescribed Act or any regulation made thereunder to be built, fitted or equipped control devices with any device for preventing or limiting pollution of the atmosphere an offence without such machinery, vehicle or boat being so built, fitted or equipped shall be guilty or an offence. All devices built, fitted or equipped under this section shall be maintained and operated at the cost of the owner.

23M. Subject to section 23A of this Act, with effect from the relevant date, no Restriction, person shall discharge or deposit waste into the soil, except in regulation and control of accordance with such standards or criteria as may be prescribed under pollution of the this Act. soil

23N. (1) No person shall pollute or cause or permit to be polluted any soil Pollution of soil or the surface of any land so that the physical, chemical or an offence biological condition of the soil or surface is so changed as to make or be reasonably be expected to make the soil or the produce of the soil poisonous or impure, harmful or potentially harmful to the health or welfare of human beings, poisonous or harmful to animals, birds, wildlife, plants or all other forms of life or obnoxious or, unduly offensive to the senses of human beings or so as to detrimental to any beneficial use of the land.

(2) Without limitation to the generality of subsection (1) a person shall be deemed to contravene that subsection if-

(a) He places in or on any soil or in any places where it may gain access to any soil, any matter, whether liquid, solid, or gaseous, that is prohibited by or under this Act or any regulation made thereunder or does not comply with such regulations as may be prescribed ; and

(b) he establishes on any land a refuse dump, garbage tip, soil and rock disposal site, sludge deposit site, waste injection well, or otherwise uses land for the disposal of or repository for solid or liquid wastes so as to be obnoxious or unduly offensive to the senses of human beings or will pollute or adversely affect underground water or be detrimental to any beneficial use of the soil or the surface of the land. (3) Prior exemptions may, however, be granted for valid reasons such as the application of an approved preparation in a prescribed manner for the control of a given pest, provided that such treatment does not damage the soil seriously.

(4) Any person who contravenes any of the provisions of this section shall be guilty of an offence and on conviction be liable to a fine not less than rupees ten thousand and not exceeding rupees one hundred thousand and in the case of a continuing offence to a fine of rupees five hundred for every day on which the offence continues after conviction.

23P. Subject to section 23A of this Act, with effect form the relevant date no Restriction on person shall permit the emission of excessive noise, unless he complies noise pollution with such standards or limitations as may be prescribed under this Act in regard to the volume, intensity or quality of such noise.

23Q. (1) No person shall make or emit or cause or permit to be made or Discharge of emitted noise greater in volume, intensity or quality than the levels certain noise to be licensed prescribed for tolerable noise except under the authority of a licence issued by the Authority under this Act.

(2) The provisions of sections 23B, 23C, 23D and 23E shall, mutatis mutandis, apply to and in relation to the issue of a licence under subsection (1).

(3) Any authority or institution empowered by any other written law to issue licences relating to any of the matters referred to in this Act, shall conform to the standards specified under this Act.

23R. (1) Any person who without a licence or contrary to any condition, Excessive noise limitation or restriction to which a licence under this Act or any an offence other written law is subject, makes or causes or permits to be made or emitted noise that is greater in volume, intensity or quality than the standard as may be prescribed for the emission of noise which is tolerable noise in the circumstances, shall be guilty of an offence under this Act.

(2) Any person who is guilty of an offence under subsection (1) shall on conviction be liable to a fine not less that rupees ten thousand and not exceeding rupees one hundred thousand and in the case of a continuing offence to a fine of rupees five hundred for every day in which the offence continues after conviction.

23S. Where the Authority is of opinion that the circumstances are such that Notice to remove any litter deposited in any place, whether public or private, is or is likely litter to become detrimental to the health, safety or welfare of members of the public, unduly offensive to the senses of human beings or a hazard to the environment, the Authority may by notice in writing direct the person who, is responsible for depositing such litter or any public authority whose function is to dispose of or remove such litter, to remove or dispose of such litter or to take such action in relation to such litter as may be specified in the notice. For the purposes of this section “litter” means unwanted waste material whether a by product which has arisen during a manufacturing process or a product which has passed its useful working life and has been discarded.

23T. The cost of removing or otherwise disposing of or reducing litter Cost of removing pursuant to a notice given under section 23S may be recovered in any litter may be recovered against court of competent jurisdiction against any person proved to have person deposited the litter, as a debt due to the Authority and when recovered responsible

shall be paid to the fund of the Authority.

23U. Any person to whom a notice in writing under section 23S is directed Failure to comply and who fails without reasonable cause to comply with the requirements with notice an offence of the notice shall, if proved be guilty of an offence.

23V. (1) No person shall discharge or spill any oil or mixture containing oil Prohibition on into the inland waters of Sri Lanka. discharge of oil into inland waters of Sri (2) Any person who contravenes the provisions of subsection (1) shall Lanka be liable on conviction to a fine not less than rupees ten thousand and not exceeding rupees one hundred thousand or to imprisonment for a term not exceeding two years.

23W. (1) The Minister may be Order published in the Gazette- Power to prohibit or require use of any material or (a) Prohibit the use of any materials for any process, trade or equipment industry ;

(b) Prohibit whether by description or by brand name the use of any equipment or industrial plant,

which will endanger the quality of the environment, within the areas specified in the Order.

(2) The Minister may be Order published in the Gazette require the installation, repair, maintenance or operation of any equipment or industrial plant within the areas specified in the Order.

(3) Any person who contravenes any prohibition or fails to comply with any requirement in any Order made under subsections (1) and (2), shall be guilty of an offence.

23X. In any prosecution for an offence under this Part of this Act, a certificate Certificate to be issued under the hand of the Director-General to the effect that the prima facie evidence of facts pollution specified in the certificate has been caused to the environment, stated therein. shall be admissible in evidence, and shall be prima facie proof of the matters contained therein.

PART IVC

Approval of Projects

23Y. For the purposes of this Part of this Act, the Minister may by Order Project approving published in the Gazette specify the state agencies (hereinafter in this agencies Part referred to as “project approving agencies”) which shall be the project approving agencies.

23Z. The Minister shall by Order published in the Gazette determine the Prescribed projects and undertakings (hereinafter referred to as “prescribed projects projects”) in respect of which approval would be necessary under the provisions of this Part of this Act.

23AA. (1) Notwithstanding the provisions of any other written law, from and Approval of after the coming into operation of this Act, all prescribed projects prescribed projects that are being undertaken in Sri Lanka by any Government Department, Corporation, Statutory Board, Local Authority, Company, Firm or an individual will be required to obtain approval under this Act for the implementation of such prescribed projects.

(2) The approval referred to in subsection (1) shall have to be obtained from the appropriate project approving agencies concerned or connected with such prescribed project :

Provided however, in respect of certain prescribed projects to be determined by the Minister, the project approving agency will grant its approval only with the concurrence of the Authority.

23BB. (1) It shall be the duty of all projects approving agencies to require Submission of from any Government Department, Corporation, Statutory Board, environmental impact Local Authority, Company, Firm or individual who submit any assessment prescribed project for its approval to submit within a specified time report an initial environmental examination report or an environmental impact assessment report as required by the project approving agency relating to such project and containing such information and particulars as may be prescribed by the Minister for the purpose.

(2) A project approving agency shall on receipt of an initial environmental examination report or an environmental impact assessment report, as the case may be, submitted to such project approving agency in compliance with the requirement imposed under subsection (1), by notice published in the Gazette and in one newspaper each in the Sinhala, Tamil and English languages, notify the place and times at which such report shall be available for inspection by the public, and invite the public to make its comments, if any, thereon.

(3) Any member of the public may within thirty days of the date on which a notice under subsection (2) is published make his or its comments, if any, thereon to the project approving agency which published such notice, and such project approving agency may, where it considers appropriate in the public interest afford an opportunity to any such person of being heard in support of his comments, and shall have regard to such comments and any other materials if any, elicited at any such hearing, in determining whether to grant its approval for the implementation of such prescribed project.

(4) Where approval is granted for the implementation of any prescribed project, such approval shall be published in the Gazette and in one newspaper each in Sinhala, Tamil and English languages.

23CC. The project approving agencies shall determine the procedure it shall Procedure to be adopt in approving any prescribed projects submitted to it for approval. based on guidelines Such procedure shall be based on the guidelines prescribed by the prescribed Minister for such purpose.

23DD. (1) Where a project approving agency refuses to grant approval for any Appeal to the prescribed project submitted for its approval, the person or body of Secretary to the Ministry of the persons aggrieved shall have a right to appeal against such Minister decision to the Secretary to the Ministry, of the Minister.

(2) The decision of the Secretary to the Ministry on such appeal of the Minister shall be final.

23EE. Where any alterations are being made to any prescribed project for Abandonment of which approval had been granted or where any prescribed project alteration of any prescribed already approved is being abandoned, the Government Department, project Corporation, Statutory Board, Local Authority, Company, Firm or individual who obtained such approval, shall inform the appropriate project approving agency of such alterations, or the abandonment as the case may be, and where necessary obtain fresh approval in respect of any alterations that are intended to be made to such prescribed project for which approval had already been granted :

Provided however, where such prescribed project that is being abandoned or altered is a project approved with the concurrence of the Authority, the Authority should also be informed of it and any fresh approval that need to be obtained should be given only with the concurrence of the Authority.

23FF. It shall be the duty of all projects approving agencies to forward to the Submission of a Authority a report on each prescribed project for which approval is report on approved granted by such agency. prescribed projects

8. The following new section is hereby inserted immediately after section Insertion of new 24, and shall have effect as section 24A of the principal enactment:- section 24A in the principal enactment

24A. (1) The Director-General or any other officer duly authorized in Power to enter writing by him may at any time enter any land or premises and and inspect may-

(a) examine and inspect any equipment or industrial plant ;

(b) Take samples of any pollutants that are emitted, discharged or deposited or are likely to be of a class or kind that are usually emitted, discharged or deposited from such equipment or industrial plant ;

(c) examine any books, records or documents relating to the performance or use of such equipment or industrial plant or relating to the emission, discharge or deposit from such equipment or industrial plant ;

(d) Take photographs of such equipment or industrial plant as he considers necessary or make copies of any books, records or documents seen in the course of such examination ; or

(e) Take sample of any fuel, substance or material used, likely to be used or usually used in such trade, industry or process carried on in or on such premises.

(2) The Director-General or the officer authorized by him may, where he has reasonable cause to apprehend any serious obstructions in the execution of his duties under subsection (1), enter any land or premises accompanied by a police officer.

(3) Any person who prevents or obstructs the Director-General or an authorized officer in carrying out such inspection or investigation, recording of data or the taking of samples under subsection (1) shall be guilty of an offence under this Act.

24B. (1) The Authority shall have the power to issue directives to any Authority to person engaged in or about to engage in any development project issue directives or scheme which is causing or is likely to cause, damage, or detriment to the environment, regarding the measures to be taken in order to prevent or abate such damage or detriment, and it shall be the duty of such person to comply with such directive.

(2) Where a person fails to comply with any directives issued under subsection (1), the Magistrate may, on application made by the Authority, order the temporary suspension of such project or scheme until such person takes the measures specified in such directive.

24C. (1) The Minister may by Order published in the Gazette declare any Declaration of area to be an environmental protection area (hereinafter referred to areas as environmental as a “protection area.”) protection areas

(2) An Order under subsection (1) declaring an area as a protection area, shall define that area by setting out the meters and bounds of such area.

24D. (1) Where any area has been declared to be a protection area, the Applicability of Minister may by Order published in the Gazette declare that any any other laws in protection areas planning scheme or project in a protection area under the provisions of any law which is in conflict with any provisions of this Act, shall cease to operate in that area.

(2) So long as an Order under subsection (1) is in force, the Authority shall be responsible for physical planning of such area in accordance with the provisions of this Act.

(3) Notwithstanding the provisions of subsection (1) the Minister may, at the request of the Authority, declare from time to time by Order published in the Gazette, that with effect from such date as shall be specified in such Order, the Authority shall cease to be the authority responsible for the planning in such protection area.

(4) So long as an Order under section 24 being in force in relation to a protection area no person other than the Authority shall exercise, perform and discharge any powers, duties and functions relating to planning and development within such protection area.

9. Section 26 of the principal enactment is hereby amended as follows:- Amendment of section 26 of the (1) by the repeal of subsections (1) and (2) of that section and principal enactment substitution therefore of the following subsections:-

(1) “Subject to subsection (5), the Authority may by order, delegate any of its powers, duties and functions under this Act to any Government Department, Corporation, Statutory Board, Local Authority or any Public Officer.

[2) Where the Authority has delegated any power under subsection (1) to any Government Department, Corporation, Statutory Board, Local Authority or any Public Officer, any officer of such Government Department, Corporation, Statutory Board, Local Authority as the case may be, or such public officer may exercise any of the powers which the Director-General would be able to exercise had he been exercising the powers himself.

(2) by the omission of paragraph (b) of subsection (5) of that section and the substitution therefore of the following paragraph:-

(b) In respect of any Government Department, Corporation, Statutory Board or Public Officer, except with the concurrence of the Minister in charge of such Government Department or Corporation or Statutory Board or the department in which such Public Officer is employed”.

10. Section 31 of the principal enactment is hereby repealed and the Replacement of following section substituted therefore:- section 31 of the principal enactment Penalty for 31. Every person who contravenes or fails to comply offences for with any provisions of this Act or of any which no regulations made thereunder for which no punishment punishment is expressly provided for shall be is expressly guilty of an offence and on conviction before a provided for. Magistrate shall be liable to imprisonment of either description for a term not exceeding two years or to a fine not exceeding ten thousand rupees or to both such imprisonment and fine.

11. Section 32 of the principal enactment is hereby repealed and the Replacement of section 32 of the following section substituted therefore:- principal enactment “Regulations 32. (1) The Minister may make regulations in respect of all matters which are stated or are required by this Act to be prescribed or for which regulations are required by this Act to be made.

(2) In particular and without prejudice to the generality of the powers conferred by subsection (1) the Minister may make regulations in respect of all or any of the following matters:-

(a) levy of fees for-

(i) examining plans, specifications and information relating to installations or proposed installations ;

(ii) The issue of licences under this Act, and

(iii) carrying out necessary monitoring duties ;

(b) specification of standards or criteria for the implementation of any national environmental policy or classification for the protection of the environment and for protecting beneficial uses ;

(c) specification of standards or criteria for determining whether any matter, action or thing is poisonous, objectionable, detrimental to health or within any other description or referred to in this Act ;

(d) prohibition of the discharge, emission, or deposit into the environment of any matter, whether liquid, solid or gaseous or of radio activity and prohibition or regulating the use of any specified fuel ;

(e) specification of ambient air quality standard, emission standards and specifying the maximum permissible concentrations of any matter that may be present in or discharge into the atmosphere ;

(f) prohibition of the use of any equipment, facility, vehicle or boat capable of causing pollution or regulating the construction, installation or operation thereof so as to prevent or minimize pollution ;

(g) requirement of issuing pollution warnings or alerts ;

(h) prohibition or regulation of the open burning of refuse or other combustible matter ;

(i) regulation of the establishment of sites for the disposal of solid or liquid waste on or in land ;

(j) determination of objectionable noise and specification of standards for tolerable noise ;

(k) prohibition of or regulation of bathing, swimming, boating or other activity in or around any waters that may be detrimental to health or welfare or having adverse cultural effects or for preventing pollution ;

(l) requirement that the oil refineries and installations operating in Sri Lanka store such substance or material and equipment necessary to deal with any oil pollution of the inland waters of Sri Lanka that may arise in the course of their business ;

(m) requirement that the oil refineries carrying on business install such equipment as may be prescribed for the purpose of reducing or preventing any trade affluent from containing oil ;

(n) prescribing the procedure relating to appeals against the decision of the Authority ;

(o) relating to visual amenities in urban and rural areas ;

(p) storage and transportation of harmonious materials ;

(q) disposal of wastes and hazardous materials whether to the atmosphere, waters or soil ; and

(r) requirement of specific environmental monitoring duties by the developer or a specified third party delegated for this purpose.

3. Every regulation made by the Minister shall be published in the Gazette and shall come into operation on the date on such publication or upon such later date as may be specified in the regulation.

4. Every regulation made by the Minister shall, as soon as convenient after its publication in the Gazette, be brought before Parliament for approval. Every regulation which is not so approved shall be deemed to be rescinded as from the date of such disapproval but without prejudice to anything previously done thereunder. Notification of the date on which any regulation is deemed to be rescinded shall be published in the Gazette.

12. Section 33 of the principal enactment is hereby amended as follows:- Amendment of section 33 of the principal (a) by the insertion, immediately before the definition of “beneficial enactment use”, of the following new definition :-

“air pollution” means an undesirable change in the physical, chemical and biological characteristics of air which will adversely affect plants, animals, human beings and inanimate objects;

(b) by the insertion, immediately after the definition of “environment” of the following new definitions :-

“environmental impact assessment report” means a written analysis of the predicted environmental project and containing an environmental cost-benefit analysis, if such an analysis has been prepared, and including a description of the project, and includes a description of the avoidable and unavoidable adverse environmental effect of the proposed prescribed project ; a description of alternative to the activity which might be less harmful to the environment together with the reasons why such alternatives were rejected, and a description of any irreversible or irretrievable commitments of resources required by the proposed prescribed project ;

“initial environmental examination report” means a written report wherein possible impacts of the prescribed project on the environment shall be assessed with a view to determining whether such impacts are significant, and as such requires the preparation of an environmental impact assessment report and such report shall contain such further details, descriptions, data, maps, designs and other information and details as may be prescribed by the Minister;

(c) by the repeal of the definition “local authority” and substitution therefore of the following definition :-

“local authority” means any Municipal Council, Urban Council or Development Council, and includes any Authority created and established by or under any law to exercise, perform and discharge powers, duties and functions corresponding to or similar to powers, duties and functions exercised, performed and discharged by any such Council ;

(d) by the insertion immediately after the definition of “local authority”, of the following new definitions :-

“noise pollution” means the presence of sound at a level which causes irritation, fatigue, hearing loss or interferes with the perception of other sounds and with creative activity through distraction ;

“pollutant” means any substance whether liquid, solid or gaseous which directly or indirectly –

(a) alters the quality of any segment or element of the receiving environment so as to effect any beneficial use adversely ;

or

(b) is hazardous or potentially hazardous to health ; and

(e) By the insertion immediately after the definition of “territorial waters”, of the following new definition :-

“toxic chemical” means a substance characterised by definite molecular composition which has harmful effects on living material or which can create hazardous changes in the environment;

1159/22

PART I : SECTION (I) – GENERAL

Government Notifications

THE NATIONAL ENVIRONMENTAL ACT. NO 47 of 1980

Order under Section 23A

BY virtue of the power vested in me by Section 23A of the National Environmental Act. No 47 of 1980 as amended by Acts No 56 of 1988 and 53 of 2000, I Mahinda Wijesekera, Minister of Forestry and Environment, do by this Order, determine he activities set out in the Schedule hereto as activities for which Environmental Protection License is required.

MAHINDA WIJSEKERA Minister of Forestry and Environment

Colombo, 21st November 2000

SCHEDULE

THE ACTIVITIES FOR WHICH AN ENVIRONMENTAL PROTETION LICENCE IS REQUIRED

PART A

1. Caustic soda manufacturing industries.

2. Soaps, detergents or any other cleansing preparations manufacturing industries where 25 or more workers are employed.

3. Acid (Inorganic or organic) manufacturing or repacking industries.

4. Chemical fertilizer manufacturing, formulating, processing or repacking industries.

5. Insecticides, fungicides, herbicides, pesticides manufacturing, formulating or repacking industries.

6. Oil (mineral oil or petroleum) refineries.

7. Bulk petroleum Liquid storage facilities having a total capacity of 150 or more metric tons.

8. Dye and dye intermediate manufacturing or formulating industries.

9. Paints (emulsion or enamel) inks, pigments, varnish, polish manufacturing or formulating industries.

10. Petrochemical (basic or intermediates) manufacturing or formulating Industries . 11. Explosives manufacturing or formulating industries.

12. Match sticks manufacturing industries.

13. Industrial gas manufacturing, processing or refilling industries excluding auto gas filling stations.

14. Asphalt processing plants.

15. Industries involved in the manufacture of polymers or polymer based products (i.e. polyethylene, polyvinyl chloride (PVC), polyurethane, polypropylene, polyester, nylon, polystyrene, resins, fibreglass or other man made fibres etc).

16. Industries involved in the use of fibreglass as a raw material where 10 or more workers are employed.

17. Synthetic rubber, natural rubber manufacturing or processing or rubber based industries excluding industries which manufacture 100Kg or less per day of ribbed smoke rubber sheets.

18. All types of tyres, tubes manufacturing or tyre retreading industries.

19. Activated carbon, carbon black manufacturing or coconut shell burning industries having the total input capacity of 10,000 or more coconut shells per batch within a single production cycle.

20. Battery manufacturing or reconditioning industries.

21. Any industry involved in the use of asbestos fibres as a raw material.

22. Industries, involved in manufacturing, extracting or formulating pharmaceuticals or cosmetic products including intermediates.

23. Industries involved in manufacturing or extracting or formulating Ayurvedic, Indigenous medicinal products where 25 or more workers are employed.

24. Printing presses with lead smelting.

25. Batik Industries where 10 or more workers are employed.

26. Textile processing (i.e. bleaching, dyeing, printing) industries or garment washing industries.

27. Commercial laundries with dry cleaning operations using organic solvents where 10 or more workers are employed.

28. Tanneries.

29. Leather finishing industries having effluents generating wet operations.

30. Jute processing industries.

31. Industries involved in bleaching or dyeing of natural fibre.

32. Power looms having 25 or more machines or power looms with sizing activities.

33. Sugar factories or sugar refineries.

34. Fermentation Industries (Distilleries, Breweries) or alcoholic beverages bottling plants.

35. Vegetable, fruit, meat, seafood, milk processing industries where 25 or more workers are employed.

36. Abattoirs.

37. Plants (other than coconut) or animal oils/fats extracting industries.

38. Coconut oil extracting industries where 25 or more workers are employed.

39. Bakery products, biscuits, confectionery manufacturing industries where 25 or more workers are employed.

40. Instant tea or coffee processing industries.

41. Non – alcoholic beverages manufacturing industries where 25 or more workers are employed.

42. Bottling plants having bottle washing operations using caustic soda.

43. Desiccated coconut mills.

44. Rice mills having wet process and having a production capacity of 5000 kilograms or more per day.

45. Poultry farms having 2500 or more birds.

46. Hatcheries.

47. Piggery, cattle, goat farms having 50 or animals.

48. Animal feed manufacturing industries having a capacity of 25 or more metric tons per day.

49. Cigarettes or other tobacco products manufacturing industries where 50 or more workers are employed.

50. Zoological gardens.

51. Electrical power generating utilities having a cumulative capacity of 300 KW or more excluding hydro or solar or wind power generation.

52. Surface treatment of metal or plastic industries including electroplating, galvanizing industries.

53. Iron and steel mills.

54. Foundries with cupola, arc furnaces or induction furnaces.

55. Non – ferrous metal processing industries such as lead, zinc, copper, aluminium smelting, secondary Lead processing or recovery of metals including silver recovery from photographic chemical solutions. 56. Cement industries (clinker grinding, manufacturing or repacking).

57. Concrete batching plants having a capacity of 50 or more cubic meters per day.

58. Glass or glass product manufacturing industries.

59. Lime kilns having a production capacity of 20 or more metric tons per day.

60. Ceramic industries where more than 25 or more workers are employed.

61. Processing of non metallic minerals (i.e. limestone, shell, dolomite, apatite, rock phosphate, sand stone, field spar, quartz, ilmenite, rutile, zircon, mica, graphite, kaolin etc.)

62. Granite crushing or processing industries having a total production capacity of 25 or more cubic meters per day.

63. Paper and Pulp Industries excluding hand made papers.

64. Any chemical manufacturing industry not else where specified in this list.

65. Any common wastewater (industrial or sewage) treatment plants.

66. Incinerators having an input capacity of 5 or more metric tons per day and crematoriums.

67. All hazardous waste disposal sites.

68. Water treatment plants having 10,000 or more cubic meters per say.

69. Industries involved in chemical treatment and preservation of wood (excluding Boron treatment).

70. Saw mills having a milling capacity of 50 or more cubic meters per day.

71. Hotels, Guest Houses, Rest Houses with 20 or more rooms.

72. Hostels having a boarding capacity of 200 or more boarders

73. Any industry where 200 or more workers per shift are employed.

74. Mechanized mining activities with multi bore hold blasting with delay detonators.

75. Single bore hold blasting activities with production capacity having 600 or more cubic meters per month.

76. Granite boulders, making or processing industries.

77. Metal fabricating industries, machinery, machine tools, equipments manufacturing or assembling industries were 25 or more workers are employed.

78. Automobile assembly industries.

79. Vehicle service stations or container yards having vehicle service activities.

80. Any industry not indicated above which discharge 3 or more cubic meters of waste water per day or using toxic chemical in its process.

PART B

1. Soaps, detergents or any other cleansing preparations manufacturing industries where less than 25 workers are employed.

2. Bulk petroleum liquid storage facilities having a total capacity less than 150 metric tons.

3. Ribbed smoke rubber sheets manufacturing industries having a production capacity of more than 50 kilograms per day and less than 100 kilograms per day.

4. Coconut shell burning industries having a total input capacity of more than 1,000 coconut shells and less than 10,000 coconut shells per batch within a single production cycle.

5. Industries involved in manufacturing, extracting or formulating Ayurvedic, Indigenous medicinal products where more than 10 workers and less than 25 workers are employed.

6. Printing presses excluding lead smelting.

7. Batik industries were less than 10 workers are employed.

8. Industries involved in the use of fibre glass as a raw material where less than 10 workers are employed.

9. Commercial laundries with dry cleaning operations using organic solvents where less than 10 workers are employed.

10. Leather finishing industries other than having effluent generating wet operations.

11. Coconut fibre mills excluding bleaching or dyeing processes of natural fibre re carried out.

12. Power looms having less than 25 weaving machines.

13. Hand looms having more than 10 looms.

14. Sugar cane industries excluding sugar factories or sugar refineries.

15. Vegetable, fruit meat, seafood, milk-processing industries where more than 5 workers and less than 25 workers are employed.

16. Coconut oil extraction where more than workers and less than 25 workers are employed.

17. Bakery products, biscuits, confectionery manufacturing industries where more than 5 workers and less than 25 workers are employed.

18. Non-alcoholic beverages manufacturing industries where more than 10 workers and less than 25 workers employed.

19. Bottling plants other plants having bottle washing operations using caustic soda.

20. Rice mills having wet process and having a production capacity of less than 5000 kilograms per day.

21. Rice mills having dry operation process (other than having wet process).

22. Grinding mills.

23. Paul try farms having more than 50 birds and less than 2500 birds.

24. Piggeries having more than 5 animals and less than 50 animals.

25. Cattle, goat farms having more than 10 animals and less than 50 animals.

26. Animal feed manufacturing industries, having a capacity of less than 25 metric tons per day.

27. Electrical power generating industries having a total capacity of more than 100 KW and less than 300 KW excluding hydro or solar or wind power generation.

28. Concrete batching plants having a capacity of less than 50 cubic meters per day.

29. Concrete pre cast industries.

30. Mechanized cement block manufacturing industries.

31. Lime kilns having a production capacity of less than 20 metric tons.

32. Ceramic industries where less than 25 workers are employed.

33. Tiles and bricks kilns.

34. Granite crushing or processing industries having a total production capacity of less than 25 cubit meters per day excluding manual crushing operations using hand tools.

35. Incinerators having an input capacity of less than 5 metric tone per day.

36. Industries involved in Boron treatment of wood.

37. Saw mills having a milling capacity of less than 50 cubic meters per day.

38. Carpentry workshops which use electricity power more than 3 HP.

39. Residential hotels, guest houses, rest houses with less than 20 rooms.

40. Non- Residential hotels, restaurants, eating houses with cooking facilities where more than 5 workers are employed.

41. Hostels having a boarding capacity of more than 25 and less than 200 boarders.

42. Garment industries where more than 10 workers and less than 200 workers per shift are employed.

43. Single bore hole blasting activities having a production capacity of less than 600 cubic meters per month or other single bore hole blasting activities using explosives.

44. Metal fabricating industries, machinery ,, machine tools, equipment manufacturing or assembling industries (including lathe workshops and welding shops) where less than 25 workers are employed.

45. Garages where vehicle repairing activities or maintenance activities are carried out (including the facilities of carrying out, repairing , maintenance and all installation of auto air conditions).

THE NATIONAL ENVIRONMENFAL ACT NO: 47 OF 1980

REGULATIONS made by the Minister of Forestry and Environment under Section 32 of the National Environmental Act, No 47 of 1980 as amended by Acts, Nos, 56 of 1988 and 53 of 2000.

MAHINDA WIJESEKERA Minister of Forestry and Environment

Colombo 21st November 2000

Regulations

National Environmental (Protection and Quality) Regulation No 1 of 1990 published in Gazette Extraordinary No. 595/16 of February 2 1990 as amended by Gazette Extraordinary No 924/13, of May 23, 1996 is hereby further amended as follows:-

(1) by the substitution for Regulation 2 thereof of the following:-

“2 No person shall carry on any activity which discharges, deposits or emits waste or noise pollution into the environment causing pollution or noise except-

(a) Under the authority of a licence issued by the Central Environmental Authority (hereinafter referred to as the “Authority ): and

(b) In accordance with the standards and criteria specified in Schedule I hereto and in any regulation made under this Act.”

(2) by the substitution for paragraph (b) or regulations 7 thereof of the following:-

"(a) valid for such period as shall be specified in the license provided, it shall be not for more than a period of three years subject to any suspension or cancellation of the license under Section 23D of the Act.”

(3) by the substitution for paragraph (a) of paragraph (1) of Regulation 9 thereof of the following:-

"(a) at least three months before the date of expiry of the license or one month before effecting any changes, alterations or extensions to the premises at which the acts authorized by the license are carried out as the case may be,”

(4) by the substitution for paragraph (1) of regulation II thereof of the following:-

“(1)An applicant for a license who is aggrieved by the refusal of the Authority to grant a licence or any holder of a licence who is aggrieved by the suspension or cancellation of a license or the refusal to renew a license may, within thirty days after the date of notification of such decision to him, appeal in writing against such refusal, suspension, cancellation or refusal to renew, to the Secretary of the Ministry in charge of the subject of Environment.”,

(5) by the substitution for Regulation 14 thereof of the following:-

“14. Every person who contravenes the provisions of any regulation, commits an offence punishable under Sub Section (3) of Section of the Act.”

(6) by the substitution for item I of the General Terms and Conditions of Form B of Schedule II there of , of the following item:

“1. The licence shall be valid for such period as may be specified in the license, provided it shall be not for more than a period of three years from the date of issue. An application for renewal of the license shall be made at least three months prior to the date expiry of the license.”,

(7) by the substitution for Schedule III thereof of the following schedule.

SCHEDULE III

LICENSING FEE AND RENEWAL FEE

PART A

1 (a) a fee of Rs. 15,000 shall be levied in respect of each application for the issue

2 (b) a fee of Rs. 15,000 shall be levied in respect of each application for the renewal of the Environmental Protection Licence for the following activities:_

1 Caustic soda manufacturing industries

2 Soaps, detergents or any other cleansing preparations, manufacturing industries where 25 or more workers are employed

3 Acid (Inorganic or Organic) manufacturing or repacking industries

4 Chemical fertilizer manufacturing, formulating, processing or repacking industries

5 Insecticides, fungicides, herbicides, pesticides manufacturing, formulating or repacking industries.

6 Oil (mineral oil or petroleum) refineries

7 Bulk petroleum liquid storage facilities having a total capacity of 150 or more metric tons.

8 Dye and dye intermediate manufacturing or formulating industries

9 Paints (emulsion or enamel), inks, pigments, varnish, polish manufacturing or formulating industries

10 Petrochemical (basic or intermediates) manufacturing of formulating industries

11 Explosives manufacturing or formulating industries

12 Match sticks manufacturing industries

13 Industrial gas manufacturing, processing or refilling industries excluding auto gas filling stations

14 Asphalt processing plants

15 Industries involved in the manufacture of polymers or polymer based products (i.e. polyethylene, polyvinyl chloride (PVC), polyurethane, polypropylene, polyester, nylon , polystyrene, resins, fibreglass or other man made fibers etc)

16 Industries involved in the use of fibreglass as a raw material where 10 or more workers are employed

17 Synthetic rubber, natural rubber manufacturing or processing or rubber based industries excluding industries which manufacture 100 kilograms or less per day of ribbed smoke rubber sheets.

18 All types of tyres, tubes manufacturing or tyre retreading industries

19 Activated carbon, carbon black manufacturing or coconut shell burning industries exceeding the total input capacity of 10,000 or more coconut shells per batch within a single production cycle.

20 Battery manufacturing or reconditioning industries

21 Any industry involved in the use of asbestos fibre as a raw material

22 Industries involved in manufacturing, extracting or formulating pharmaceuticals or cosmetic products including intermediates.

23 Industries involved in manufacturing or extracting or formulating Ayurvedic, Indigenous medicinal products where 25 or more workers are employed.

24 Printing presses with lead smelting

25 Batik Industries where 10 or more workers are employed

26 Textile processing (i.e. bleaching, dyeing, printing) industries or garment washing industries

27 Commercial laundries with dry cleaning operations using organic solvents where 10 or more workers are employed

28 Tanneries

29 Leather finishing industries having effluent generating wet operations

30 Jute processing industries

31 Industries involved in bleaching or dyeing of natural fibre

32 Power looms having 25 or more machines or power looms with sizing activities

33 Sugar factories or sugar refineries

34 Fermentation industries (Distilleries, Breweries) or alcoholic beverages bottling plants

35 Vegetable, fruit, meat, seafood, milk, processing industries where 25 or more workers are employed

36 Abattoirs

37 Plants (other than coconut) or animal oils/fats extracting industries

38 Coconut oil extraction industries where 25 or more workers are employed

39 Bakery products, biscuits, confectionery manufacturing industries where 25 or more workers are employed.

40 Instant tea or coffee processing industries

41 Non-alcoholic beverages manufacturing industries where 25 or more workers are employed

42 Bottling plants having bottle washing operations using caustic soda

43 Desiccated coconut mills

44 Rice mills having wet process and having a production capacity of 5000 kilograms or more per day

45 Poultry farms having 2500 or more birds

46 Hatcheries

47 Piggery, cattle, goat farms having 50 or more animals

48 Animal feed manufacturing industries having a capacity of 25 or more metric tons per day

49 Cigarettes or other tobacco products manufacturing industries where 50 or more workers are employed

50 Zoological gardens

51 Electrical power generating utilities having a cumulative capacity of 300 kilowatt (KW) or more excluding hydro or solar or wind power generation

52 Surface treatment or metal or plastic industries including electroplating, galvanizing industries

53 Iron and steel mills

54 Foundries with cupola, arc furnaces or induction furnaces

55 Non-ferrous metal processing industries such as Lead, Zinc Copper, Aluminium smelting, secondary Lead processing or recovery or metals including silver recovery from photographic chemical solutions

56 Cement industries (clinker grinding, manufacturing or repacking)

57 Concrete batching plants exceeding a capacity of 50 or more cubic meters per day.

58 Glass or glass product manufacturing industries

59 Lime kilns having a production capacity of 20 or more metric tons per day

60 Ceramic industries where more than 25 or more workers are employed

61 Processing of non- metallic minerals (i.e. limestone, shell, dolomite, apatite, rock phosphate, sand stone, feldspar, quartz, ilmenite, rutile, zircon, mica, graphite, kaolin etc.)

62 Granite crushing or processing industries having a total production capacity of 25 or more cubic meters per day.

63 Paper and Pulp Industries excluding hand made papers

64 Any chemical manufacturing industry not elsewhere specified in this list

65 Any common wastewater (industrial or sewage) treatment plants

66 Incinerators having an input capacity of 5 or more metric tons per day and crematoriums

67 All hazardous waste disposal sites

68 Water treatment plants with treatment capacity of 10,000 or more cubic meters per day

69 Industries involved in chemical treatment and preservation of wood (Excluding Boron treatment)

70 Saw mills having a milling capacity of 50 or more cubic meters per day

71 Hotels, Guests Houses, Rest Houses with 20 or more rooms

72 Hostels having a boarding capacity of 200 or more boarders

73 Any industry where 200 or more workers per shift are employed

74 Mechanized mining activities with multi bore hole blasting with delay detonators

75 Single bore hole blasting activities with production capacity exceeding 600 or more cubic meters per month

76 Granite boulders making or processing industries.

77 Metal fabricating Industries, machinery, machine tools, equipments manufacturing or assembling industries where 25 or more workers are employed

78 Automobile assembly industries

79 Vehicle service stations or container yards having vehicle service activities

80 Any industry not indicated above which discharges 3 or more cubic meters of wastewater per day or using toxic chemical in its process

PART B

(a) fees or Rupees 3,000 shall be levied in respect of each application for the issue: and

(b) a fee or Rupees 3,000 shall be levied in respect of each application for the renewal

of the Environmental Protection License for the following activities:-

1 Soaps, detergents or any other cleansing preparations manufacturing industries where less than 25 workers are employed

2 Bulk petroleum liquid storage facilities having a total capacity less than 150 metric tons.

3 Ribbed smoke rubber sheets manufacturing industries having a production capacity of more than 50 kilograms per day and less than 100 kilograms per day.

4 Coconut shell burning industries having a total input capacity of more than 1,000 coconut shells and less than 10,000 coconut shells per batch within a single production cycle.

5 Industries involved in manufacturing , extracting or formulating Ayervedic Indigenous medicinal products where more than 10 workers and less than 25 workers are employed

6 Printing presses excluding lead smelting

7 Batik industries where less than 10 workers are employed

8 Industries involved in the use of fibre glass as a raw material where less than 10 workers are employed.

9 Commercial laundries with dry cleaning operations using organic solvents where less than 10 workers are employed

10 Leather finishing industries other than having effluent generating wet operations

11 Coconut fibre mills excluding bleaching or dyeing processes of natural fibre are carried out

12 Power looms having less than 25 weaving machines

13 Hand looms having more than 10 looms

14 Sugar cane industries excluding sugar factories or sugar refineries

15 Vegetable, fruit, meat, seafood , milk-processing industries where more than 5 workers and less than 25 workers are employed

16 Coconut oil extraction industries where more than 10 workers and less than 25 workers are employed

17 Bakery products, biscuits, confectionery manufacturing industries where more than 5 workers and less than 25 workers are employed

18 Non-alcoholic beverages manufacturing industries where more than 10 workers and less than 25 workers are employed.

19 Bottling plants other than plants having bottle washing operations using caustic soda.

20 Rice mills having wet process and having a production capacity of less than 5000 kilograms per day

21 Rice mills having dry operation process (other than having wet process)

22 Grinding mills

23 Poultry farms having more than 50 birds and less than 2500 birds

24 Piggeries having more than 5 animals and less than 50 animals

25 Cattle, goat farms having more than 10 animals and less than 50 animals

26 Animal feed manufacturing industries, having capacity of less than 25 metric tons per day

27 Electrical power generating industries having a total capacity of more than 100 KW and less than 300KW excluding hydro or solar or wind power generation

28 Concrete batching plants having a capacity of less than 50 cubic meters per day.

29 Concrete pre-cast industries

30 Mechanized cement block manufacturing industries

31 Lime kilns having a production capacity of less than 20 cubic metric tons

32 Ceramic industries where less than 25 workers are employed

33 Tile and bricks kilns

34 Granite crushing or processing industries having a total production capacity of less than 25 cubic meters per day excluding manual crushing operations using hand tools

35 Incinerators having an input capacity of less than 5 metric tons per day

36 Industries involved in Boron treatment of wood

37 Saw mills having a milling capacity of less than 50 cubic meters per day

38 Carpentry workshops which use electricity power more than 3 HP

39 Residential hotels, Guest Houses, Rest houses with less than 20 rooms

40 Non-residential hotels, restaurants, eating houses with cooking facilities where more than 5 workers are employed

41 Hostels having a boarding capacity of more than 25 and less than 200 boarders

42 Garment industries where more than 10 workers and less than 200 workers per shift are employed

43 Single bore hole blasting activities having a production capacity of less than 600 cubic meters per month or other single bore hole blasting activities using explosives

44 Metal fabricating industries, machinery, machine tools, equipment manufacturing or assembling industries (including lathe workshops and welding shops) where less than 25 workers are employed

45 Garages where vehicle repairing activities or maintenance activities are carried out (including the facilities of carrying out, repairing , maintenance and installation of auto air conditions)

THE NATIONAL ENVIRONMENTAL ACT, NO 47 OF 1980

REGULATIONS made by the Minister of Forestry and Environment under section 32 read with section 23CC of the National Environmental Act, No. 47 of 1980 as amended by Act, Nos. 56 of 1988 and 53 of 2000

MAHINDA WIJESEKERA Minister of Forestry and Environment

Colombo 21st November,2000 Regulations

National Environmental (Procedure for approval of projects) Regulation No. 1 of 1993 published in Gazette Extraordinary No. 772/22 of June 24, 1993 is hereby amended as follows.

(1) In regulation 7 thereof –

(a) by the substitution for paragraph (ii) thereof of the following: (ii) upon receipt of an Initial Environmental Examination Report, the Project Approving Agency shall submit a copy thereof to the Authority,

(b) by the repeal of paragraphs (iii) and (iv) of that regulation;

(2) by the repeal of paragraphs (i) and (ii) of that regulation 8 thereof;

(3) by the substitution for regulation 9 thereof of the following:-

8 Upon receipt of the Initial Environmental Examination Report, the Project Approving Agency shall within a period of 21 days –

i. grant approval for the implementation of the proposed project subject to specified conditions; or

ii. request the project proponent to submit an Environmental Impact Assessment Report; or iii. refuse approval for the implementation of the proposed project with reasons for doing so.

817/6

PART 1: SECTION (1) – GENERAL Government Notifications

MOTOR TRAFFIC ACT

REGULATIONS made by the Minister of Transport and Highways under section 237 read with section194 of the Motor Traffic Act.

WIJAYAPALA MENDIS MINISTER OF TRANSPORT & HIGHWAYS

Colombo 10 03rd May, 1994

REGULATIONS

1. These Regulations may be cited as the Motor Traffic (Emission Control) Regulation of 1994.

2. The Test for Vehicle Emission Control shall be carried out by any officer authorized in that behalf by the Commissioner of Motor Traffic or by a Police Office not below the rank of Sergeant by using equipment approved for that purpose by the Ceylon Institute of Scientific and Industrial Research.

3. The Authorized Officer or the Police Officer shall decide on the time and place which test is carried out

4. The Test shall be carried out as expeditiously as possible and wherever practicable it shall be done on the highway

5. As soon as practicable after the test has been carried out the Officer who carried out such test shall give to the driver who produced the vehicle to such test a written statement signed by him stating

(a) The time at which such test was carried out (b) The place where such test was conducted and (c) Whether the vehicle tested passed the test if failed

6. The permissible vehicle emission standard for a diesel vehicle is fixed at 80

850/4

PART 1: SECTION (1) – GENERAL Government Notifications L.D – B 4/81

THE NATIONAL ENVIRONMENTAL ACT NO 47 OF 1980

BY virtue of the powers vested in me by Section 23W of the National Environmental Act, No 47 of 1980, I, Sirimani Athulathmudali, Minister of Transport, Highways, Environment and Women’s Affairs, do by this Order, prohibit with effect from 01st January, 2000, the use of the material specified in the Schedule hereto, being used for any process, trade or industry as being Ozone depleting materials and substances which will endanger the quality of the Environment;

Provided that the said materials in the Schedule hereto, may continue to be used until 01st January, 2005 for the limited purpose of servicing equipment or industrial plants already in operation or which have been installed prior to 01st January, 2005

SCHEDULE

Code Symbol Substance

CFC – 11 (R 11) CFCL3 Trichlorofluoromethane CFC – 12 (R 12) CF2CL2 Dichlorodifluoromethane CFC – 113 (R 113) C2F3CL2 Trichlorotrifluoroethane CFC – 114 (R 114) C2F4CL2 Dichlorotetrafluoroethane CFC – 115 R 115) C2F5CL Chloropentafluoroethane

Halon – 1211 CF4BrCl Bromochlorodifluoromethane Halon – 1301 CF3Br Bromotrifluoromethane Halon - 2402 CF4Br2 Dibromotetrafluoroethane

CFC – 13 CF3Cl Chlorotrifluoromethane CFC – 111 C2FCl5 Penthachlorofluoroethane CFC - 112 C2F2Cl4 Tetrachlorodifluoroethane CFC – 211 C3FCl7 Heptachlorofluoropropane CFC – 212 C3F2Cl6 Hexachlorodifluoropropane CFC – 213 C3F3Cl5 Pentrachlorotrifluoropropane CFC – 214 C3F4Cl4 Tetrachlorotetrafluoropropane CFC – 215 C3F5Cl3 Trichloropentafluoropropane CFC – 216 C3F6Cl2 Dichlorohexafluoropropane CFC – 217 C3F7ClS Chloroheptafluoropropane CCl4 I Carbon Tetrachloride R (Tetrachloromethane) C2H3ClI 3 Methyl Chloroform M (1,1,1 – Trichloroethane)

SRIMANI ATHULATHMUDALI Minister Of Transport,Highways, Environment And Women’s Affairs 25th October, 1994 Colombo

11-193/1, 2A – D 034203 (94/10)

THE NATIONAL ENVIRONMENTAL ACT. No 47 of 1980

REGULATIONS made by the Minister of Transport, Highways, Environment and Women’s Affairs under Section 32 of the National Environment Act. No 47 of 1980

SIRIMANI ATHULATHMUDALI, Minister Of Transport,Highways, Environment and Women’s Affairs Colombo 5th October, 1994

Regulations

1. These regulations may be cited National Environmental (Ambient Air Quality) Regulations, 1994.

2. The permissible ambient air quality standards shall be as specified in the Schedule hereto in relation to the classes of air pollutants specified therein.

3. The requisite tests for determining whether the specified air quality standards are maintained, shall be carried out by utilizing the methods specified in the schedule here by the use of equipment approved for this purpose by the Central Environmental Authority.

4. In these regulations “Central Environmental Authority” shall have the same meaning assigned to it in the National Environmental Act, No 47 of 1980.

SCHEDULE 1

Maximum Averaging Permissible Level Method of Measurement Pollutant Time* In In ppm mg/m3 Carbon Monoxide 8 hr. 10 9.0 Non-dispersive infrared Spectroscopy 1 hr. 30 26.0 Any time 58 50.0 Nitrogen Dioxide 24 hr. 0.10 0.05 Colouring using Saltzman method 8 hr. 0.15 0.08 or equivalent (gas phase chemiluminescence) 1 hr. 0.25 0.13 Sulfur Dioxide 24 hr. 0.08 0.03 Pararosaniline method of equivalent (pulsed fluorescent method) 8 hr. 0.12 0.05 1 hr. 0.20 0.08 Ozone 1 hr. 0.20 0.10 Chemiluminescence method or equivalent (ultra violet photometric method Lead Annual 0.0005 - Hi-volume sampling, wet ashing/atomic absorption or spectroscopy 24 hr 0.002 - Suspended Annual 0.10 - Hi-volume sampling & Gravimetric Particulate 24 hr. 0.30 - Matter 8 hr. 0.35 - (SPM) 3 hr. 0.45 - 1 hr. 0.50 -

*(Minimum number of observations required to determine the average over the specified period:

03 hour average – 03 consecutive hourly average. 08 hour average – 06 hourly average. 24 hour average – 18 hourly average yearly average – 09 monthly averages with at least 02 monthly average each quarter.

By wet chemistry methods or by automated analysers.

NATIONAL ENVIRONMENT ACT, No 47 of 1980

REGULATIONS made by the Minister of Transport, Highways, Environment and Womens’ Affairs under section 32 of the National Environmental Act, No 47 of 1980 read with section 23 E of that Act.

SRIMANI ATHULATHMUDALI, Minister of Transport Highways, Environment and Womens’ Affairs

Colombo , 05th October, 1994

Regulations

1. These regulations may be cited as the National Environmental (Appellate Procedure) Regulations, 1994.

2. These regulations shall apply to appeals against the refusal to grant, the refusal to renew, the suspension or the cancellation of an environmental protection licence under section 23B or 23D of the National Environmental Act. No. 47 of 1980 (hereinafter in these regulations referred to as “the Act”) by the authority or any government department, corporation, statutory board, local authority or public officer to whom the Authority may have delegated the power to issue, suspend, renew or cancel such licence under and in terms of section 26 of the said Act.

3. Appeals under section 23E against the refusal, refusal to renew, suspension or cancellation of an Environmental Protection Licence shall be lodged with the Secretary to the Ministry of the Minister in charge of the subject of Environment within thirty days after the date of the notification of the decision appealed against.

4. (1) (a) Every Appeal to which these regulations apply, shall be in writing and be signed by the appellant and where the appellant is a body of persons be signed by Director, Secretary or other authorized officer of that body:

(b) be dated and lodged with the Secretary to the Minister within the stipulated time;

(c) have annexed to it a copy of the decision appealed against;

(d) set out concisely in duly numbered paragraphs the grounds of appeal;

(e) set out the relief which the appellant seeks; and

(f) set out the names and addresses of any persons or bodies of persons who were parties to any hearing or inspection carried out by the authority, government department, corporation, statutory body, local authority or public officer as the case may be.

(2) Any appeal that does not comply with the requirements of regulation 4(1) shall not be processed until the said requirements are complied with. The Secretary shall notify the appellant of non-compliance in writing and where the appellant fails to rectify such omission within the time stipulated in the notice, or within such extension of time as the Secretary may on application grant, the Secretary shall reject the appeal.

5. All appeals received shall be entered on a register to be maintained by the Secretary for such purpose. Such register or an extract thereof duly authenticated by the Secretary shall be a public document open for public inspection at the office of Ministry of the Minister in charge of the subject of Environment during any working day.

6. Upon the lodging of an appeal, the Secretary shall call for the entire record relating to the decision under appeal from the authority, government department, corporation, statutory body, local authority or public officer as the case may be an they shall forthwith forward the said record to the Secretary.

7. The Secretary shall thereafter notify in writing the persons whose names and addresses are disclosed in the appeal that an appeal has been lodged and that the appeal, may be perused at his office during a period of ten working days from the date of notice and shall further inform such persons that he will entertain written objections or comments to the appeal during that period;

Provided however,, where the number of persons disclosed in the appeal exceed 20,, the Secretary may, in his discretion, publish the notice in an English, Sinhala or Tamil newspaper.

8. At the end of the period referred to in regulation 7, the Secretary shall notify the appellant, that objections or comments have been received from the persons disclosed in his appeal and that the same may be perused at his office during a period of ten days from the date of such notification and the appellant may respond in writing if he so desires to such objections or comments, during that period.

9. At the conclusion of the period referred to in regulation 8, the Secretary may in his discretion, notify the appellant and the persons who have made objections or comments under regulation 7, to appear before him at a formal hearing of the appeal on such date and time as may be set out in such notice.

10. The appellant and any person notified may be represented by a Attorney-at-Law by some other persons duly authorised by him in writing.

11. The Secretary may also notify the authority, government department, corporation, statutory body, local authority or public officer as the case may be, to submit its comments or observations on the appeal, and may require them to be present and make submissions at any hearing through an officer duly authorised in writing or through an Attorney-at-law or the Attorney-General.

12. At the conclusion of the hearing, the Secretary shall make a decision on the appeal within one week of the conclusion thereof, and shall in writing notify the appellant and all persons disclosed in the appeal and the authority, government department, corporation, statutory body, local authority or public officer as the case may be, of the decision together with the reasons therefore.

13. The Secretary shall maintain a journal in respect of every appeal and shall record his reasons for the decision on the appeal in the record. The decision together with the reasons shall be communicated under regulation 12.

14. The Secretary may also establish an Appeals Advisory Committee consisting of officers in the Ministry and other qualified persons to advise him in making his decision on the appeal. He shall not appoint any person who has any interest in the subject matter or who is a party to the appeal Members of the Appeals Advisory Committee are entitled to be present during hearing and may be consulted by the Secretary during hearings. The Secretary shall not be bound to follow any or all the advice given by members of the said Committee.

15. In these regulations unless the context otherwise requires:-

a “Act” means the National Environmental Act, No 47 of 1980 as amended from time to time;

b “Authority” means the Central Environmental Authority established under the National Environmental Act. No 47 of 1980.

I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2008'08'15 1A PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 15.08.2008 Y%S ,xld m%cd;dka;%sl iudcjd§ ckrcfha .eiÜ m;%h w;s úfYI The Gazette of the Democratic Socialist Republic of Sri Lanka EXTRAORDINARY wxl 1562$22 - 2008 wf.daia;= 15 jeks isl=rdod - 2008'08'15 No. 1562/22 - FRIDAY, AUGUST 15, 2008

(Published by Authority) PART I : SECTION (I) — GENERAL Government Notifications

L.D.B. 4/81.

THE NATIONAL ENVIRONMENTAL ACT, No. 47 OF 1980

REGULATIONS made by Minister of Environment and Natural Resources under Section 32 of the National Environmental Act, No. 47 of 1980.

PATALI CHAMPIKA RANAWAKA, Minister of Environment and Natural Resources. Colombo, 13th August, 2008. Regulations

The National Environmental (Ambient Air Quality) Regulations, 1994, published in Gazette Extraordinary, No. 850/4 of December, 1994 are hereby amended by the subsitution for the Schedule to that regulation of the following :-

“ SCHEDULE

Maximum Permissible Pollutant Averaging Level + Method of measurement Time* µgm-3 ppm

1. Particulate Matter - Annual 50 — Hi-volume sampling and Aerodynamic diameter Gravimtric or Beta

is less than 10 µm in size (PM 10 ) 24 hrs. 100 — Attenuation

2. Particulate Matter - Annual 25 — Hi-volume sampling and Aerodynamic diameter is less Gravimtric or Beta

than 2.5 µm in size (PM 2.5 ) 24 hrs. 50 — Attenuation

1A 2A I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2008'08'15 PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 15.08.2008 SCHEDULE (Contd.,)

Maximum Permissible Pollutant Averaging Level + Method of measurement Time* µgm-3 ppm

24 hrs. 100 0.05 Colorimetric using

3. Nitrogen Dioxide (NO2) saltzman Method or 8 hrs. 150 0.08 equivalent Gas phase chemiluminescence 1hr. 250 0.13

24 hrs. 80 0.03 Pararosaniliene Method or

4. Sulphur Dixoxide (SO2) equivalent Pulse 8 hrs. 120 0.05 Flourescent

1hrs. 200 0.08

Chemiluminescence

5. Ozone (O3 ) 1 hr. 200 0.10 Method or equivalent Ultraviolet photometric

8 hrs. 10,000 9.00

6. Carbon Monoxide (CO ) Non-Dispersive Infrared 1 hr. 30,000 26.00 Spectroscopy”

Any time 58,000 50.00

* Minimum number of observatons required to determine the average over the specified period —

03 hour average - 03 consecutive hourly average 08 hour average - 08 hourly average 24 hour average - 18 hourly average Yearly average - 09 monthly average with at least 02 monthly average each quarter.

+ By using Chemicals or Automatic Analysers.

08 -1106

PRINTED AT THE DEPARTMENT OF GOVERNMENT PRINTING, SRI LANKA. 1137/35

PART I : SECTION (I) GENERAL Government Notifications

THE NATIONAL ENVIRONMENTAL ACT, NO 47 of 1980

REGULATION made by the Minister of Forestry and Environment under Section 32 of the National Environmental Act, No. 47 of 1980, read with Sections 23J and 23K of the Act.

MAHINDA WIJESEKERA, MINISTER OF FORESTRY & ENVIRONMENT

Colombo 23rd June 2000

REGULATION

1. These Regulations made be cited as the National Environmental (Air Emission, Fuel and Vehicle Importation Standards) Regulation No. 01 2000 and shall come into effect on the 1st day of January, 2003.

PART 1 MOBILE AIR EMISSION STANDARDS

2. The permissible Mobile Air Emission limits for every motor vehicle in use in Sri Lanka, shall be as set out in the First Schedule hereto.

3. No user of a motor vehicle shall discharge emissions into the atmosphere exceeding the Mobile Air Emission limits as set out in the First Schedule hereto.

4. (1) The Commissioner of Motor Traffic may authorize any garage as an accredited garage for the purposes of testing and certifying the mobile air emission standards of any motor vehicle.

(2) The Commissioner of Motor Traffic shall obtain clearance from the Central Environmental Authority prior to certifying an accredited garage for the purposes of testing mobile air emission standards.

(3) Every owner or user of a motor vehicle shall produce an annual compliance certificate of Mobile Air Emission Standards issued by a garage authorized by the Commissioner of Motor Traffic as an accredited garage under paragraph (1) of this regulation

(4) No certificate issued by an accredited garage in respect of the mobile air emissions standards , shall be valid unless the measuring equipment used to test and certify the complaints of the Mobile air emission standards, is in compliance with standard No R, 99 of 1991 of Organization International De Metrology Legal (OMIL)

PART II

FUEL STANDARDS

5. Every person, who supplies fuel for the use of any motor vehicle, shall ensue the compliance of the permissible fuel standards set out in the Second Schedule hereto.

PART III

VEHICLE SPECIFICTION STANDARDS FOR IMPORTATION

6. Every person, who imports into Sri Lanka any motor vehicle, shall comply with the vehicle specification standards as set out in the Third Scheduled hereto:

7. In there regulations:-

i. the words “motor vehicle”, “motor coach”, “lorry”, “motor cars”, “motor cycles” and “three wheelers” shall have the same meaning assigned to them under the Motor Traffic Act:

ii. The words, “mobile air emission” means air emission from a motor vehicle.

FIRST SCHEDULE

(A) Petrol Vehicles

Pollution Standard Type of Vehicle Carbon Monoxide Hydrocarbon Remarks (CO (%vol) HC (ppm v/v) Petrol wo/cc a. > 5 years 1200 Low idling 3.0 < 5 years Petrol w/cc 2.0 400 Low idling Petrol motor cycles 6.0 -- Low idling And three wheelers

Abbreviation: wo/cc - Without catalytic converter w/cc - with catalytic converter . >5 years - vehicles more that 5 years old from the year of manufacture (used / unused) < 5 years - vehicles less than 5 years old from the year of manufacture

(B) Diesel Vehicles

Smoke Capacity% (k factor m-1) Type of Vehicle Idle Load Diesel – Tare less than 1728 Kg 65 (2.44) 75 (3.22) Including three wheelers Diesel – Tare more than 1728 kg 65 (2.44) 75 (3.22

*k factor – Absorption Coefficient

SECOND SCHEDULE

(A) Emission Related Standards for Gasoline (Leaded & Unleaded)

Standard Parameter Unit *Leaded Unleaded Test Method

1 Reid Vapour Pressure kPa 35 – 60 35 – 60 ASTMB (38.00C) (38.00 C) 5191 2 Total Aromatics (Maximum) % 42 45 UOP 273 v/v 3 Benzene (Maximum) % 3 4 ASTMD 3606 v/v 4 Lead content (Maximum) g/1 0.15 0.013 ASTMD 3341 v/v & ASTMD 5059 5 Sulphur (S) (Maximum) % 0.1 0.1 ASTMD 1266 m/m 6 Gum(Solvent Washed) Maximum g/m3 40 40 ASTMD 381 7 Oxygenates content (Maximum) % 15 15 ASTMD 4815 Ether (MTBE,ETBE) Alcohol v/v 8 Research Octane Number 90 87-95 ASTMD 2699 9 Oxygen content (Maximum) % 2.7 2.7 By calculation m/m

(B) Emission Related Standards for Diesel

Parameter Unit Standard Test Method 1 Cetane Number (Minimum) 48 IP 21 or ASTM D 613 2 Density at 15O C Kg/M3 820 - 860 ASTMD 1298 (Maximum) 3 Distillation (T 90 – Minimum) 0C 370 ASTM D 86 4 Cetane Index - 46 ASTM D 976 (by calculation) 5 Sulphur contents (S) % 0.5 ASTM D 1266 (Maximum) MM

Abbreviations Kpa - kilopascals % v/v - Percent by volume g/1 - grams per litre g/m3 - grams per meter cube MTBE - Methyl Tertiary Butyl Ether ETBE - Ethyl Tertiary Butyl Ether ppmw - parts per million by weight T 90 - Temperature at which 90% of diesel evaporates

European Community Standard, or a Standard that is within the emission limits as specified in the following respective European Community Standard (EC) for particular emissions:

1. Commission Directive 96/69/EC for motor coach and lorries: 2. Commission Directive 94/12/EC for motor cars: 3. Commission Directive 97/24/EC for motor cycles and three wheelers

1295/11

PART 1 : SECTION (I) – GENERAL

Government Notifications

THE NATIONAL ENVIRONMENTAL ACT, NO 47 OF 1980

REGULATION made by the Minister of Environment and Natural Resources under Section 32 of the National Environmental Act, No 47 of 1980, read with Section 23J and 23K of the Act.

RUKMAN SENANAYAKE Minister of Environment and Natural Resources

Colombo 30th June 2003

Regulation

This regulations may be cited as the National Environmental (Air, Fuel and Vehicle Importation Standards) Regulations No 01 2003 and shall come into effect July 01, 2003

PART 1

VEHICULAR EXHAUST EMISSION STANDARDS

The permissible Vehicular Exhaust Emission limits for every motor vehicle in use in Sri Lanka, shall be set out in the First Schedule hereto.

No owner, user or a person who is in the possession of a motor vehicle shall operate or permit the operation of a motor vehicle that discharges exhaust emissions into the atmosphere in excess of the Vehicular Emission Standards set out in the First Schedule hereto.

(1) The Commissioner of Motor Traffic may for the purpose of these regulations, authorize any vehicle emission testing centre to be an accredited vehicle emission testing centre for the purpose of testing and certifying the vehicular exhaust emission levels of any motor vehicle.

(2) The Commissioner of Motor Traffic shall obtain the approval of the Central Environmental Authority prior to authorizing any vehicle testing centre as an accredited vehicle testing centre for the purpose of testing and certifying vehicular exhaust emission levels.

(3) No certificate issued under this regulation by an accredited vehicle emission testing center in respect of the vehicular exhaust emission levels for Carbon Monoxide (CO) and Hydrocarbon (HC) shall be considered valid, unless the measuring equipment used to test and certify the compliance of the Vehicular Exhaust Emission Standards for Carbon Monoxide (CO) and Hydrocarbon (HC), is in compliance with ISO/OIML Standard: Instruments for measuring vehicle exhaust emissions, ISO 3930:2000/OIML R 99: 2000 – Class One.

(4) No certificate issued under this regulation by an accredited vehicle emission testing center under this regulation in respect of the vehicular exhaust emission levels for Smoke Opacity, shall be considered valid unless the measuring equipment used to test and certify the compliance of the Vehicular Exhaust Emission Standards for Smoke opacity, is in compliance with SAE RECOMMENDED PRACTICE J 1667/or/ISO 11614.

(5) Every owner or user of a motor vehicle shall produce the annual compliance certificate of Vehicular Exhaust Emission Standards, issued by a vehicle emission testing center authorized by the Commissioner of Motor Traffic as an accredited vehicle emission testing center under paragraph (1) of this regulation, upon request by any officer authorized in that behalf by the Commissioner of Motor Traffic

PART II

FUEL STANDARDS

No person shall supply, sell or distribute fuel, for the use of any motor vehicle that is not in compliance with the permissible fuel standards as set out in the Second Schedule hereto.

PART III

VEHICULAR EXHAUST EMISSION STANDARDS FOR IMPORTATION OF VEHICLES

(1) The permitted mobile emission limits for every motor vehicle that is imported to Sri Lanka or assembled or manufactured locally, shall be as set out in the Third Schedule hereto.

(2) Every person who imports a motor vehicle shall produce for every motor vehicle so import to the Commissioner of Motor Traffic, a compliance certificate of Vehicular Exhaust Emission Standards, issued by a manufacturer or any vehicle emission testing center authorized by the Government of the exporting country.

{3} No certificate produced to the Commissioner of Motor Traffic under paragraph (2) of this regulation for the importation of a motor vehicle shall be considered valid unless the measuring equipment used to test and certify the compliance of the Vehicular Exhaust Emission standards for Carbon Monoxide (CO) and Hydrocarbon (HC), is in compliance with ISO/OIML Standard: Instruments for measuring vehicle exhaust emission, ISO 3930: 2000/OIML R 99:2000 – Class One.

(4) No certificate produced to the Commissioner of Motor Traffic under paragraph (2) of this regulation for the importation of a motor vehicle shall be considered valid unless the measuring equipment used to test and certify the compliance of the Vehicular Exhaust Emission Standards for Smoke Opacity, is in compliance with SAE RECOMMENDED PRACTICE J 1667 or ISO 11614.

In these regulations:-

“Central Environmental Authority “ means the Central Environmental Authority established in terms of Section 2 of the National Environmental Act. No 47 of 1980:

the words “motor vehicle”, “motor cycle” “motor cars” and “motor tricycle” “ shall have the same meaning assigned to them under the Motor Traffic Act (Chapter 203).

Regulations made by the Minister of Forestry and Environment under section 32 of the National Environmental Act, No 47 of 1980 and published in Gazette Extraordinary No 1137/35 dated June 23, 2000 are hereby rescinded. .

FIRST SCHEDULE

Petrol Vehicles

Emission Standards With effect from July 1, With effect from 2003 January 01, 2007 Type of Vehicles Remarks Carbon Monoxide Hydrocarbon Carbon Hydrocarbon CO (%v/v) HC Monoxide HC(ppm v/v) (ppm v/v) CO (%v/v) Both Idling Petrol vehicles other 4.5 1200 3.0 1000 & 2500 than motor cycles and RPM/no motor tricycles load Both Idling Petrol motor cycles 6 9000 4.0 6000 & 2500 RPM / no load Both Idling Petrol motor tricycles 6 9000 4.0 6000 & 2500 RPM/no load Abbreviations:

%v/v - Percent by volume ppm v/v - parts per million by volume RPM - Revolutions per Minute

Diesel Vehicles

Emission Standards

Type of Vehicles Smoke Opacity on Snap Acceleration K factor (Im-1) With effect from With effect from With effect from July 01, 2003 January 01, 2005 January o1, 2007 Diesel Vehicles 8.0 6.0 4.0

* k factor - Absorption Coefficient * Snap Acceleration – has the same meaning as defined in SAE RECOMMENDED PRACTICE J 1667

SECOND SCHEDULE

Emission Related Standards For Gasoline

Fuel Standard Low Octane High Gasoline Octane Parameter Unit Gasoline Test With effect With effect Method from July from July 1, 2003 1, 2003 1 Research Octane 90 95 ASTMD Number (RON) 2699 (minimum) 2 Benzene % v/v 4 25 ASTMD (maximum) 3606 3 Lead content g/1 0.013 0.013 ASTMD (maximum) 3341 & ASTMD 5055 4 Sulphur (S) ppm 1000 500 ASTMD (maximum) 1266 5 Reid Vapour kPa 60 (380C) 70 ASTMD Pressure (max) 5191 6 Motor Octane Number 85 ASTMD2699 (MON) (Minimum) 7 Evaporation at % 70 75 150oC 8 Total Aromatics % v/v 45 45 UOP 273 9 Oxygen content %m/m 2.7 2.7 By (maximum) calculation

Abbreviations: kPa - kilo Pascal % v/v - percent by volume g/l - grams per litre ppm - parts per million % m/m - percent by mass ASTM - American Society for Testing Materials

Emission Related Standards for Auto Diesel

Fuel Standard Test Method Parameter Unit With effect from With effect With effect July 1st 2003 from January from January 1st 2004 01st 2007 (Provisional) 1 Cetane Number 49 49 49 IP 21 or (Minimum) ASTMD 613 2 Density at g/l 820 – 860 820 – 860 860 ASTMD 1298 15OC (Maximum) 3 Distillation OC 370 370 -- ASTMD 86 (T 90 – Maximum) 4 Distillation OC -- -- 370 ASTMD 86 (T 95 – Maximum) 5 Sulphur (S) content ppm 5000 3000 500 ASTMD 1266 (Maximum) 6 Cetane Index 46 46 46 ASTMD 976 Abbreviations:

% v/v - percent by volume g/l - grams per litre ppm - parts per million T 90 - Temperature at which 90% of diesel evaporates T 95 - Temperature at which 95% of diesel evaporates ASTM - American Society for Testing Materials

Emission Related Standards for Super Diesel

Fuel Standard Unit Test Method With effect from Parameter January 1st, 2004 1 Cetane Number 49 LP 21 or ASTMD (Minimum) 613 2 Density at g/l 860 ASTMD 1298 15OC (Maximum) 3 Distillation OC 370 ASTMD 86 (T 95 – Maximum) 4 Sulphur (S) Content Ppm 500 ASTMD 1266 (Maximum) 5 Cetane Index 46 ASTMD 976 Abbreviations

% v/v - percent by volume g/l - grams per litre ppm - parts per million T 90 - Temperature at which 90% of diesel evaporates T 95 - Temperature at which 95% of diesel evaporates ASTM - American Society for Testing Materials

THIRD SCHEDULE

Petrol Vehicles

Emission Standard

With effect from

January 1st, 2004 Remarks

Type of Vehicle Carbon Hydrocarbon

Monoxide HC(ppm v/v)

CO (% vol)

Petrol vehicles Both Idling and other than motor 3.0 1000 2500 RPM/no cycles & motor tricycles Both Idling and Petrol motor cycles 4.0 3000 3500 RPM/no & tricycles

Abbreviations

% v/v - percent by volume ppm v/v - parts per million by volume

Diesel Vehicles

Emission Standards Smoke Opacity on Snap Acceleration Type of Vehicle K factor/m-1 With effect from January 1st, 2004 Diesel 4.0

* k factor – Absorption Coefficient * Snap Acceleration – has the same meaning as defined in SAE RECOMMENDED PRACTICE J 1667 * SAE – Society of Automobile Engineers 924/12

PART I : SECTION (1) GENERAL Government Notifications

THE NATIONAL ENVIRONMENT ACT, NO. 47 OF 1980

REGULATIONS made by the Minister of Transport, Environment and Women’s Affairs under section 23P, 23Q and 23R of the National Environmental Act, No. 47 1980 read with section 32 of that Act.

Srimani Athulathmudali Minister of Transport , Environment And Women’s Affairs

Colombo 21st May, 1996,

Regulations

1. These Regulations may be cited as the National Environmental (Noise Control) Regulations No.1 1996

2. Except in the instances where the provisions of regulation 7 applies, the maximum permissible noise levels at the boundary of the land in which any source of noise is located, shall not exceed the limits set out in the First Schedule hereto. The provisions of this regulation shall operate only in respect of the areas specified in the said schedule.

3. Except in the instances where the provisions of regulation 7 applies, where the background noise levels in relation to any source of noise exceeds the limits set out in the First Schedule hereto, the limits set out in the Second Schedule hereto shall apply in respect of the areas specified therein.

4. Except in the instances where the provision of regulation 7 applies and notwithstanding anything the contrary in regulations 2 and 3 , the maximum permissible noise levels, at the boundary of any land in which any source of noise is located and emitted consequence of the carrying out of any construction activity on such land, shall not exceed the limits set out in the Third Schedule hereto:

Provided that the noise levels caused by such activity shall not be carried on for a period which in the aggregate exceeds three months, without the written consent of the Authority given in respect of any such particular activity, or in terms of a licence granted under Section 23A of the Act, for the discharge or emission of waste or the emission of noise.

5. Notwithstanding anything to the contrary in regulations 2,3 and 4 of these regulations any local authority may prepare in consultation with the Authority a noise zone map covering the area of authority of such local authority. Any noise zone map so prepared shall on completion be approved by the Authority. Any noise zone map so prepared and approved may be amended from to time. 6. Where the Authority approves any noise zone map in terms of regulation 5, it shall, by Notification published in the Gazette inform the public of such approval. With effect from the date of such Notification, regulations 2,3 and 4 of these regulations shall cease to apply within the area of authority of the respective local authority to which such noise zone map applies, and regulation 7 shall thereupon apply to the area covered by such noise zone map.

7. Where a noise zone map has been prepared and approved by the Authority in terms of regulation 6

a The maximum permissible noise levels at the boundary of the land in which any source of noise is located shall not exceed the limits set out in the Fourth Schedule hereto, within the respective areas specified in the said Schedule, and which are demarcated on a noise zone map published under regulation 6.

b where the background noise levels in relation to any source of noise exceeds the limits set out at the Fourth Schedule hereto, the limits set out in the Fifth Schedule hereto shall apply within the respective areas specified therein, and which are demarcated on a noise zone map published under regulation 6.

c notwithstanding anything to the contrary in regulations 7 (a) and (b) maximum noise levels at the boundary of any land in which any source of noise is located and emitted in consequence of any construction activity, shall not exceed the limits set out in the Sixth Schedule hereto within the areas specified therein, and which are demarcated on a noise zone map published under regulation 6.

8. Noise level measurements procedure, shall be in accordance with the criteria set out in the Seventh Schedule hereto.

9. The equipment used for noise level measurement shall be in accordance with the specifications set out in the Eighth Schedule hereto.

10. In these Regulations:-

“A-weighted” means a process of automatic adjustments made to the out put of the Sound sensor in a sound level meter, so that the reading of the meter takes into account the frequency characteristics of the human ear:

“Act” means the National Environmental Act, No 47 of 1980:

“Authority” means the Central Environmental Authority established under the Act:

“background noise level” means the A-weighted sound pressure level of the residual noise in decibels exceeded for 90% of a given time interval:

“commercial area” means any area which consists predominantly of commercial buildings such as shops and offices, depicted in a noise zone map:

“day time” from 06.00 hours to 18.00 hrs, except of the purposes of the Third and the Sixth Schedule hereto, where it means 06.00 hours to 21.00 hours:

“IEC” means the International Electro technical Standardization

“Industrial area” means any area which consists predominantly of industries and manufacturing establishments, depicted in a noise zone map

“ISO” means the International Oranization for Standardization.

“LAeq “T”means the equivalent continuous, A-weighted sound pressure determined over a time interval T(in dB)

“local authority” means a Pradeshiya Sabha, Urban Council or Municipal Council and includes any authority created and established by or under any written law to exercise, perform and discharge powers, duties and functions corresponding to or similar to the powers, duties and functions exercised, performed and discharged by any such institution.

“mixed residential area” means an area consisting of residences and commercial establishments, depicted in a noise zone map .

“night time” means from 18.00 to 06.00 hours except for the purposes of the Third Schedule and the Sixth Schedule hereto where it means 21.00 hours to 06.00 hours.

“Noise sensitive area” includes any area in which a courthouse, hospital, public library, school, zoo sacred area and areas set a part for recreation or environmental purposes are depicted in a noise zone map;

“Noise zone map” means a survey map or plan of the whole or any part of the area of authority of any Local Authority demarcating such area into rural residential, urban residential , commercial, industrial and noise sensitive areas and clearly identifying the metes and bounds and prepared to a scale of 1:10.000 in Pradeshiya Sabha areas and to a scale of 1:5000 in Urban or Municipals Council areas or to any other scale as may from time to time be stipulated by the Authority;

“Residual noise” means the ambient noise remaining at a given position in a given situation when the specific noise source is suppressed to such a degree that it does not contribute to the ambient noise;

“Rural residential area” means an area located within any area consisting predominantly of residences, depicted in a noise zone map:

“Urban residential area” means an area located within any build up area consisting predominantly of residences, and which are depicted in a noise zone map.

For the purposes of Schedules I and II : -

“Low noise area” means an area located within any Pradeshiya Sabha area.

“Medium noise area” means an area located within any Municipal Council or Urban Council area:

“High noise area” means any export processing zone established by the Board of Investment or industrial estates approved under Part IV C of the National Environmental Act:

“Silent Zone means the area covered by a distance of 100 meters from the boundary of a courthouse, hospital, public library, school, zoo, sacred areas and areas set apart for recreation or environmental purposes.

SCHEDULE I (Regulation 2)

Maximum Permissible Noise Levels at Boundaries in Laeq ‘ T

Area Laeq T

Day Time Night Time Low Noise 55 45 Medium Noise 63* 50 High Noise 70 60 Silent Zone 50 45

*Provided that the noise level should not exceed 60 dB (A) inside existing houses, during day time.

SCHEDULE II

(Regulation 3) The following noise levels will be allowed where the background noise level exceed or is marginal to the given levels in Schedule I

(a) For low noise areas in which the background noise level Measured Background exceed or is marginal to the given level Noise Level +3dB (A) (b) For medium noise areas in which the background noise Measured Background level exceeds or is marginal to the given level Noise Level +3dB (A) © For silent zone in which the background noise level exceeds Measured Background or is marginal to the given level Noise Level +3 dB(A) (d) For high noise areas in which the background noise level exceeds or is marginal to the given level

(i)For day time Measured Background Noise Level +5 dB (A)

(ii)For night time Measured Background Noise Level +3 dB (A)

The above maximum noise levels should be maintained inside the boundary of the land, in which the source noise is located.

SCHEDULE III

(Regulation 4)

Maximum permissible Noise Levels at Boundaries of the land in which the source of noise is located in Laeq’ ,T, for construction activities.

Laeq’, T

Day Time Night Time

75 50

SCHEDULE IV

(Regulation 7 (a))

Maximum permissible Noise Levels at Boundaries in LAeq, T, for industrial activities .

LAeq ‘,T Areas Day Time Night time Rural Residential Area 55 45 Urban Residential Area 60 50 Noise Sensitive Area 50 45 Mixed Residential 63 55 Commercial Areas 65 55 Industrial Area 70 60

SCHEDULE V

(Regulation 7 (b) )

The following noise levels will be allowed in places where the background noise levels exceed or is marginal to the given levels in Schedule I

(a) For rural residential areas in which the background noise level Measured Background exceeds or is marginal to the given level Noise Level +3dB (A) (b) For noise sensitive areas in which the background noise level Measured Background exceeds or is marginal to the given level Noise Level +3dB (A) (c) For noise sensitive areas in which the background noise level Measured Background exceeds or is marginal to the given level Noise Level +3 dB(A) (d) For mixed residential or commercial areas in which the background noise level exceed or is marginal to the given level

(i) For day time Measured Background Noise Level +5 dB (A)

(ii) For night time Measured Background Noise Level +3 dB (A) (e) For industrial areas in which the background noise level exceeds or is marginal to the given level (i) For day time Measured Background Noise Level +5 dB (A)

(ii) For night time Measured Background Noise Level +3 dB (A)

SCHEDULE VI

(Regulation 7 (c)

Area LAeq ‘,T

Day Time Night Time Industrial / commercial 75 60 Urban /Rural/Mixed Residential 65 56

SCHEDULE VII

(Regulation 8)

1. Measurement Procedure:

Environment noise level measurements should be carried out generally in accordance with the methods laid down either in 150 1996 (Parts 1,2,3) and BS 4142:1990. The specific noise level shall be determined by measurement, or by a combination of measurements and calculations as given in B 5 4142:1990.

2. Measurement Time Interval:

a. Each measurement time shall be chosen so that all significant variations of noise emission and transmission are covered.

b. Each measurement time shall not exceed one (1) hour during the day time, and five (5) minutes during night time, for industrial areas.

c. Each measurement time shall not exceed five (5) minutes during the day time, night time for construction activities.

3. Correction to Measured Noise Level:

The following corrections should be made to the measured level according to the characteristic features of the noise:-

Characteristic features of the noise Correction dB (A)

Impulsive noise (Bangs, clicks, clatters, thumps etc) +5 Total character Whine, hiss, screech, hum etc. +5

4. The measurement procedure set out above will be superseded by procedure duly adopted by the Sri Lanka Standards Institute for such purpose.

SCHEDULE VIII

(Regulation 9)

1. Measuring Equipment

Noise levels shall be measured in terms of LAeq’ T by either of the following means.

i. Using integrating averaging sound level meter complying with type 2 of BS 6698 : 1986 (IEC 804) or complying with standards or by means of a measuring equipment recommended by the Authority.

ii. If noise is steady, by visually averaging an analogue out from a sound level meter set to frequency weighing “A” and time weighing “S” and complying with type 2 of BS 5969 1989 :IEC 651)or complying with standards with standards or by means of measuring equipment recommended by the Authority.

Note: Use of integrating – averaging and sound level meter complying with type 1 of BS 6998 (IEC 804) is preferred,

2. Calibration

Before and after each series of measurements sound level meter should be calibrated using acoustic calibrator or pistonophone complying with class 2 of BS 7189 : 1989 (IEC 942), or complying with standards or by means of a Measuring equipment recommended by the Authority.

1309/20

PART 1: SECTION (1) – GENERAL

Government Notifications

L.D – B 4/81

THE NATIONAL ENVIRONMENTAL ACT NO 47 OF 1980

Order under Section 23W

BY virtue of the powers vested in me by Section 23W of the National Environmental Act, No 47 of 1980, I, , Minister of Environment and Natural Resources, do by this Order:

(1) Prohibit the use of the substances specified in the Schedule hereto, with effect from October 15, 2003 from being used for any new process, trade or industry as being Ozone depleting substances, which will endanger the quality of the Environment:

Provided that the said substances specified in the Schedule hereto, may be used for the limited purpose of servicing equipment or industrial plants already in operation or which have been installed prior to January 01, 2000.

(2) The Order published in Gazette Extraordinary No. 850/4 of December 20, 1994 is hereby rescinded.

SCHEDULE

Code Symbol Substance

CFC – 11 (R 11) CFCl3 Trichlorofluoromethane CFC – 12 (R 12) CF2Cl2 Dichlorodifluoromethane CFC – 113 (R 113) C2F3Cl2 Trichlorofluoroethane CFC – 114 (R 114) C2F4Cl2 Dichlorodifluromethane CFC – 115 R 115) C2F5Cl Chloropentafluroethane

Halon – 1211 CF2BrCl Bromochlorodifluoromethane Halon – 1301 CF2Br Bromotrifluoromethane Halon - 2402 CF4Br2 Dibromotetrafluroethane

CFC – 13 CF3Cl Chlorotrifluromethane CFC – 111 C2FCl5 Pentachlorofluroethane CFC – 112 C2F2Cl4 Tetrachlorodifluroethane CFC – 211 33FCl7 Heptachlorofluropropane CFC - 212 C3F2Cl6 Hexachlorodifluropropane CFC - 213 C3F3Cl5 Pentachlorotrifluropropane CFC - 214 C3F4Cl4 Tetrachlorotetrafluroprone CFC - 215 C3F5Cl3 Trichloropentafluropropane CFC - 216 C3F6Cl2 Dichlorohexafluropropane CFC - 217 C3F7Cl Chloroheptafluropropane

RUKMAN SENANAYAKE Minister of Environment And Natural Resources

Colombo, 10th October, 2003.

2 National Environmental (Amendment) Act, No. 53 of 2000 [Certified on 18th August, 2000]

AN ACT TO AMEND THE NATIONAL ENVIRONMENTAL ACT, NO. 47 OF 1980

BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows:-

1. This Act may be cited as the National Environmental (Amendment) Act, Short Title No. 53 of 2000.

2. Section 23A of the National Environmental Act, No. 47 of 1980 as Replacement of amended by Act, No. 56 of 1988, (hereinafter referred to as the “principal section 23A of Act No. 47 of enactment”) is hereby repealed and the following section is substituted 1980 therefore :-

“Minister to 23A. (1) The Minister shall determine by Order determine published in the Gazette the activities in activities in respect of which a licence is required to be respect of obtained under this Act (hereinafter referred which a to as ‘prescribed activities”) being activities licence is which involve or result in discharging, required depositing or emitting waste into the under this environment causing pollution. Act. (2) No person shall carry on any prescribed activity except- (a) under the authority of a licence issued by the Authority ; and

(b) in accordance with such standards and other criteria as may be prescribed under this Act.

(3) Every person who carries on any prescribed activity in contravention of subsection (2) of this section, shall be guilty of an offence and on conviction be-

(a) liable to a fine not less than ten thousand rupees or to a term of imprisonment not less than one year or to both such fine and imprisonment ; and

(b) required to obtain within such period of time as may be determined by court, a licence under subsection (2).

(4) Where any person convicted under subsection (3), continues to carry on such activity without obtaining a licence within the time determined by court under that subsection, the court shall upon on application for closure being made by the Director-General or any officer authorized in that behalf by the Director-General, order the closure of the factory or premises in which such prescribed activity is being carried on, until such person obtains a licence under subsection (2) and copy of the licence so obtained is produced before court.”

3. Section 23B of the principal enactment as amended by Act No. 56 of Amendment of 1988 is hereby amended, in subsection (2) of that section, by the section 23B of the principal substitution in paragraph (c) of that subsection, for the words “period of enactment twelve months”, of the words “period of three years”.

4. Section 23BB of the principal enactment as amended by Act, No. 56 of 1988 is hereby amended as follows-

(1) by the repeal of subsection (2) of that section, and the substitution therefore of the following subsection:-

“(2) A project approving agency shall on receipt of an environmental impact assessment report submitted to such project approving agency in compliance with the requirements imposed under subsection (1), by Notice published in one newspaper each in the Sinhala, Tamil and English language, notify the place and times at which such report shall be available for inspection by the public to make its comments, if any, thereon.”

(2) by the addition immediately after subsection (4) of that section of the following new subsection:-

“(5) An initial environmental examination report submitted in compliance with the requirements imposed under subsection (1) shall be deemed to be a public document for the purposes of sections 74 and 76 of the Evidence Ordinance (Chapter 21) and shall be open for inspection by the public.”

5. In the event of any inconsistency between the Sinhala and Tamil texts of Sinhala text to this Act, the Sinhala text shall prevail. prevail in case of inconsistency

772/22

PART 1 : SECTION (i) – GENERAL

Government Notification

The National Environmental Act, No. 47 OF 1980

Order under Section 23 Y

BY virtue of the powers vested in me by Section 23 Y of the National Environmental Act, No. 47 of 1980, as amended by Act, No. 56 of 1988, I, Wimal Wickramasinghe, Minister of Environment and Parliamentary Affairs, do by this Order, specify the state agencies set out in the Schedule hereto as the project approving agencies.

DR. WIMAL WICKRAMASINGHE, Minister of Environment and Parliamentary Affairs

Colombo, 18th June, 1993.

SCHEDULE

Ministry of Policy Planning and Implementation Ministry of Lands, Irrigation and Mahaweli Development Ministry of Power and Energy Ministry of Industries, Science and Technology Ministry of Housing and Construction Ministry of Fisheries and Aquatic Resources Ministry of Agricultural Development and Research Coast Conservation Department Central Environmental Authority established by the national Environmental Act, No 47 of 1980 Urban Development Authority established by the Urban Development Authority Law, No 41 of 1978 Board of Investment of Sri Lanka established by the Greater Colombo Economic Commission Law, No of 1978 as amended inter alia by Act No 49 of 1992. Geological Survey and Mines Bureau established by the Mines and Minerals Act. No 33 of 1992 Ceylon Tourist Board established by the Ceylon Tourist Board Act. No. 10 of 1996.

THE NATIONAL ENVIRONMENTAL ACT. NO. 47 OF 1980

Order Under Section 23Z

BY virtue of the powers vested in me by Section 23Z of the National Environmental Act, No. 47 of 1980, as amended by Act, No. 56 of 1988, I, Wimal Wickramasinghe, Minister of Environment and Parliamentary Affairs, do by this Order, determine the projects and undertakings set out in the Schedule hereto as projects and undertakings for which approval shall be necessary under the provisions of Part IVC of the Act.

DR WIMAL WICKRAMASINGHE Minister of Environment and Parliamentary Affairs

Colombo 18th June. 1993

SCHEDULE

PART I

PROJECTS AND UNDERTAKINGS IF LOCATED WHOLLY OR PARTLY OUTSIDE THE COASTAL ZONE AS DEFINED BY COAST CONSERVATION ACT. NO 57 OF 1981

All river basin development and irrigation projects excluding minor irrigation works (as defined by Irrigation Ordinance chapter 453).

Reclamation of Land, wetland area exceeding 4 hectares.

Extraction of timber covering land area exceeding 5 hectares

Conversion of forests covering an area exceeding 1 hectare into non-forest uses.

Clearing of land areas exceeding 50 hectares.

Mining and Mineral Extraction

Inland deep mining and mineral extraction involving a depth exceeding 25 meters

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. 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.

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.

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.

Transmission Lines

Installation of overhead transmission lines of length exceeding 10 kilometers and voltage above 50 Kilovolts.

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.

Resettlement

Involuntary resettlement exceeding 100 families other than resettlement effected under emergency situations.

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

Pipelines

Laying of gas and liquid (excluding water) transfer pipelines of length exceeding 1 kilometer

Hotels

Construction of Hotels or holiday resorts or projects which provide recreational facilities exceeding 99 rooms or 40 Hectares, as the case may be.

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.

All Tunnelling Projects

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.

Development of all Industrial Estates and Parks exceeding an area of 10 hectares.

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

Non-Ferrous Basic Metal Industries

Smelting of aluminium or copper or lead of production capacity exceeding 25 tons per day.

Basic Industrial Chemicals

Formulation of toxic chemicals of production capacity exceeding 50 tons per day.

Manufacture of toxic chemicals of production capacity exceeding 25 tons per day.

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.

Petroleum and Petrochemicals

Petroleum refineries producing gasoline, fuel oils, illuminating oils, lubricating oils and grease, aviation and marine fuel and liquefied 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.

Tyre and Tube Industries

Manufacture of tyre and tubes of combined production capacity exceeding 100 tons per day from natural or synthetic rubber.

Sugar Factories

Manufacture of refined sugar of combined production capacity exceeding 50 tons per day.

Cement and Lime

Manufactures of Cement. Manufacture of lime employing kiln capacity exceeding 50 tons per day.

Paper & Pulp

Manufacture of paper or pulp of combined production capacity exceeding 50 tons per day

Spinning, Weaving and Finishing of Textiles

Integrated cotton or synthetic textile mils employing spinning, weaving, dyeing and printing operations together, of combined production capacity exceeding 50 tones per day.

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.

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.

PART II

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 partly within the areas specified in Part III of the Schedule.

The following industries if located wholly or partly within the areas specified in part III of the Schedule: Iron and Steel.

Non-Ferrous Basic Metal.

Basic Industrial Chemicals.

Pesticides and Fertilizer.

Synthetic Resins, Plastic materials and Man-made Fibres

Other Chemical Products.

Petroleum and Petro-chemical products.

Tyres and Tubes.

Manufacturing and Refining of Sugar.

Alcoholic Spirits.

Malt Liquors and Malt.

Cement and lime.

Non-metallic Mineral Products.

Paper, Pulp and Paperboard.

Spinning, Weaving and Finishing of Textiles.

Tanneries and Leather Finishing.

Shipbuilding and Repairs.

Railroad Equipment.

Motor Vehicles.

Air Craft.

PART III

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.

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, No.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).

In these regulations unless the context otherwise requires-

“hazardous waste” means any waste which has toxic, corrosive, flammable, reactive, radio active or infectious characteristics. “reservoir” means an expanse of water resulting from man made constructions across a river or a stream to store or regulate water. Its “environs” will include that area extending up to a distance of 100 meters from full supply of the reservoir inclusive of all islands falling within the reservoir.

THE NATIONAL ENVIRONMENTAL ACT, NO 47 OF 1980 REGULATIONS made by the Minister of Environment & Parliamentary Affairs under Section 23CC of the National Environmental Act, No.47 of 1980 read with Section 32 of that Act.

DR WIMAL WICKRAMASINGHE Minister of Environment and Parliamentary Affairs,

Colombo 18th June 1993 Regulations

These Regulations may be cited as the National Environmental (Procedure for approval of projects) Regulations, No.1 of 1993.

(i) A Project proponent shall not perform the functions and duties of a Project Approving Agency. In the event of a Project Approving Agency becoming a project proponent, the Authority shall designate an appropriate Project Approving Agency {ii] The Authority shall determine the appropriate Project Approving in case where more than one Project Approving Agency is involved.

In respect of any prescribed project for which an Environmental Impact Assessment Report is required the Project Approving Agency shall grant its approval only with the concurrence of the Authority.

Any devolution of the functions of a Project Approving Agency to a Provincial Council, relating to the approval of projects shall be done only with the written concurrence of the Minister.

A project proponent of any proposed prescribed project shall as early as possible submit to the Project Approving Agency preliminary information on the project requested by the appropriate Project Approving Agency.

(i) The Project Approving Agency shall acknowledge in writing receipt of such preliminary information within six days.

(ii) The Project Approving Agency shall in consultation with the Authority subject such preliminary information to environmental scoping,in order to set Terms of Reference for the for the Initial Environmental Examination Report or Environmental Impact Assessment Report, as the case may be, and in doing so the Project Approving Agency may take into consideration the views of state agencies and the public.

(iii)The Project Approving Agency shall convey in writing to the project proponent the Terms of Reference referred to in paragraph (ii) above within fourteen days in the case of an Initial Environmental Examination Report and thirty days in the case of an Environmental Impact Assessment Report from the date of acknowledging receipt of the preliminary information.

(iv) Where, if an environmental scoping the Project Approving Agency considers that the preliminary information submitted by the project proponent as required in regulation 5 above, is adequate to be an Initial Environmental Examination Report, the Project Approving Agency shall proceed as specified hereinafter.

(i) Every project proponent shall submit to the Project Approving Agency such number of copies of the Initial Environmental Examination Report as required by the Project Approving Agency.

(ii) Upon receipt of an Initial Environmental Examination Report the Project Approving Agency shall submit a copy thereof to the Authority and by prompt notice published in the Gazette and in one national newspaper published daily in the Sinhala, Tamil and English languages, invite the public to make written comments. If any, thereon to the Project Approving Agency, within thirty days from the date of first appearance of the notice, either in the Gazette or in the newspaper.

(iii) The Notice referred to in paragraphs (ii) above shall specify the times and places at which the report shall be made available for public inspection.

(iv) The Project Approving Agency shall make available copies of the report to any person interested to enable him to make copies thereof.

(i) It shall be the duty of the Project Approving Agency, upon completion of the period of public inspection, to forward to the project proponent the comments received from the public, for review and response, within six days from the date of completion of the period of public inspection (ii) The project proponent shall in writing respond to such comments to the Project Approving Agency.

Upon receipt of such responses referred to in regulation 8 (ii) above, the Project Approving Agency shall within a period of six days either (i) grant approval for implementation of the proposed project subject to specified conditions: or (ii) refuse approval for the implementation of the proposed of the proposed project reasons for doing so.

Upon receipt of an Environmental Impact Assessment Report the Project Approving Agency shall, within fourteen days, determine whether the matters to by the Terms of Reference as set out in regulation 6 (ii) above are addressed, and if the Report is determined to be inadequate the Project Approving Agency shall require the project proponent to make necessary amendments and re submit the report, together with the required number of copies.

(i) Upon receipt of the Report, as specified in regulation 10 above, the Project Approving Agency shall submit a copy thereof to the Authority and by prompt notice published in the Gazette and in one national newspaper published daily in the Sinhala, Tamil and English languages invite the public to make written comments, if any, thereon to the Project Approving Agency within thirty days from the date of the first appearance of the notice, either in the Gazette or in the newspaper.

(ii) The notification shall specify the times and places at which the Report shall be made available for public inspection.

(iii) The project Approving Agency shall make available copies of the Report to any person interested to enable him to make copies thereof.

12. It shall be the duty of a Project Approving Agency, upon completion of the period of public inspection or public hearing , if held, to forward to the project proponent comments received for review and response, within six day. The Project Proponent shall respond to such comments in writing to the Project Approving Agency.

13. Upon receipt of such responses as referred to in regulation 12 above, the Project Approving Agency shall with the concurrence of the Authority, within thirty days either – (i) grant approval for the implementation of the proposed project subject to specified conditions: or (ii) refuse approval for the implementation of the proposed project with reasons for doing so.

It shall be the duty of all Project Approving Agencies to forward to the Authority a report which contains a plan to monitor the implementation of every approved project, within thirty days from granting of approval under regulations 9 (i) and 13 (i) by such agencies.

‘The Project Approving Agency shall publish in the Gazette and in one national newspaper published daily in the Sinhala, Tamil and English languages the approval of any project as determined under regulations 9 (i) and 13(i) hereto.

(i) The Project Approving Agency shall specify a period within which the approved project shall be completed.

(ii) A project proponent may, within thirty days prior to the expiry of such period, make an application in writing to the Project Approving Agency for an extension of time for the completion of the proposed prescribed project.

(i) A project proponent shall inform the appropriate Project Approving Agency of

(a) any alteration to a prescribed project approved under regulations 9 (i), and 13 (i) and / or (b) the abandonment of such approved project.

(ii) The project proponent shall where necessary obtain fresh approval in respect of any such alterations that are intended to be made to such project. The Project Approving Agency shall in consultation with the Authority determine the scope and format of the supplemental report required to be submitted for such alterations.

(iii) The project proponents shall, where a project is abandoned, restore the project site to a condition as specified by the Project Approving Agency.

The Project Approving Agency shall communicate to the Project Proponent the administrative charges to be levied by the Project Approving Agency for the purposes of the approval of projects. The Project Approving Agency shall follow the procedure set out in guidelines prepared by the Authority.

In these regulations- “Authority” means the Central Environmental Authority:

“Project Proponent” means any government Department, Corporation, Statutory Board, Local Authority, Company, Firm or Individual who submits any prescribed project for approval:

“Project “ means any undertaking, scheme or plan where commitment of resources, time and funds are envisaged and which comes into existence at the stage where the project proponent has a goal and is actively preparing to make a decision in achieving that goal.

“Preliminary information” shall include a description of the nature, scope and location of the proposed project accompanied by location maps and any other details as may be requested for by the Project Approving Agency:

“environmental scoping” means determining the range and scope of proposed actions, alternatives, and impacts to be discussed in an Initial Environmental Examination Report or Environmental Impact Assessment Reports:

“Report” means an Initial Environmental Examination Report or an Environmental Impact Assessment Report as the case may be : and “days” means any day other than public holiday as defined by the Holidays Act, No. 29 of 1971.

859/14

PART 1 : SECTION (i) – GENERAL

Government Notification

The National Environmental Act, No. 47 OF 1980

Order under Section 23 Y

BY virtue of the power vested in me by section 23 Y of the National Environmental Act, No. 47 of 1980, I, Srimani Athulathmudali, Minister of Transport, Environment and Women’s Affairs, do by this Order, specify the State agencies set out in the Schedule hereto being the project approving agencies for the purposes of such section.

SRIMANI ATHULATHMUDALI Minister of Transport, Environment and Women’s Affairs

Colombo, 16th February, 1995

SCHEDULE

The respective Ministries to which the following subjects are assigned:- National Planning Irrigation Energy Agriculture Lands Forests Industries Housing Construction Transport Highways Fisheries Aquatic Resources Plantation Industries

The Department of Coast Conservation. The Department of Wildlife Conservation. The Urban Development Authority established by the Urban Development Law, No. 41 of 1978. The Central Environmental Authority established by the National Environmental Act, No. 47 of 1980. The Geological Survey and Mines Bureau established by the Mines and Minerals Act, No. 33 of 1992. The Ceylon Tourist Board established by the Ceylon Tourist Board Act, No. 10 of 1966. The Mahaweli Authority of Sri Lanka established by the Mahaweli Authority of Sri Lanka Act, No. 23 of 1979. The Board of Investment of Sri Lanka established by the Greater Colombo Economic Commission Law, No. 4 of 1978 as amended interalia by Act, No. 49 of 1992.

The Order made under section 23 Y and published in Gazette Extraordinary No. 772/22 of 24th June, 1993 is hereby rescinded.

THE NATIONAL ENVIRONMENTAL ACT, No 47 OF 1980

Order under Section 23 Z

BY virtue of the powers vested in me by section 23Z of the National Environmental Act, No. 47 of 1980, I Srimani Athulathmudali, Minister of Transport, Environment and Women’s Affairs, do by this Order, amend the Order made under the aforesaid section and published in Gazette Extraordinary No 777/22 of 24th June, 1993 in the Schedule thereto, by the addition at the end of item 2 of Part III thereof the following new sub items:-

“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.”.

SRIMANI ATHULATHMUDALI Minister of Transport, Environment and Women’s Affairs

Colombo 16th February, 1995

1104/22

PART 1 : SECTION (i) – GENERAL

Government Notification

The National Environmental Act, No. 47 OF 1980

Order under Section 23 Z

BY virtue of the powers vested in me by Section 23 Z of National Environmental Act, No. 47 of 1980, as amended by Act, No. 56 of 1988, I, Mahinda Wijesekara, Minister of Forestry and Environment do by this Order amend the Schedule to the Order made under aforesaid section and published in Gazette Extraordinary No. 722/22 of 24th June, 1993 as follows:

(1) in Part I of that Schedule- (a) by the substitution for item (II) of that part, of the following item:- “(II) Housing and Building integrated multi development activities consisting of housing, industry, commercial infrastructure covering a land area exceeding ten Hectares” ;

(b) in item (27) by the substitution for the phrase “Manufacture 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 construction 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”.

MAHINDA WIJESEKARA, Minister of Forestry and Environment.

Colombo, 27th October, 1999.

1108/12

PART 1 : SECTION (i) – GENERAL

Government Notification

The National Environmental Act, No. 47 OF 1980

Order under Section 38 Z

The Notice published in the Gazette Extraordinary No. 1104/22 of 05th November, 1999, under the above headings the words in the last line of the first Paragraph “Published in Gazette Extraordinary No, 722/22 of 24th June, 1993 as follows”, should be corrected to read as “Published in Gazette Extraordinary No. 772/22 of 24th June, 1993 as follows.”

Êòé Èâ¨å Àò°åºå¾àºòè¨ ÌÄå°Éå¼û °¾Ç°ïÆà ªæÌ ÀºòÆ ¡ºø —ïÊË The Gazette of the Democratic Socialist Republic of Sri Lanka EXTRAORDINARY ¡â¨ 1373/6 _ 2004 ï¼ÌæŠÂÚ 29 Éæ¾ø ¼å¼å _ 2004.12.29 No. 1373/6 – WEDNESDAY, DECEMBER 29, 2004

(Published by Authority) PART I : SECTION (I) — GENERAL Government Notifications

L.D.B. 4/78 III. THE NATIONAL ENVIRONMENTAL ACT, No. 47 OF 1980

Order under Section 23 Y

BY virtue of the powers vested in me by section 23Y of the National Environmental Act, No. 47 of 1980, I, A. H. M. Fowzie, Minister of Environment and National Resources do by this Order, amend the Schedule to the Order made under the aforesaid section and published in Gazette Extraordinary No. 859/14 of February 23, 1995 by the addition immediately after item 9 of the Schedule of the following new item :-

“(10) Forest Department”

A. H. M. FOWZIE, Minister of Environment and National Resources.

Colombo 01, 21st December, 2004.

01-220

PRINTED AT THE DEPARTMENT OF GOVERNMENT PRINTING, SRI LANKA. 1 A (UNOFFICIAL COPY)

The Gazette of the Democratic Socialist of Republic of Sri Lanka EXTRAORDINARY No. 1454/4 – MONDAY, JULY 17, 2006

PART I : SECTION (1) – GENERAL

Government Notifications

THE NATIONAL ENVIRONMENTAL ACT, NO. 47 OF 1980

REGULATION made by the Minister of Environment under subsection (2) of Section 32 of the National Environmental Act, No. 47 of 1980.

MAITHRIPALA SIRISENA Minister of Environment Colombo, 14th May, 2006. Regulations

1. These regulations may be cited as the National Environmental (Prohibition of the use of equipment for exploration, mining and extraction of sand and gem) Regulations, No. 01 of 2006.

2. No person shall commence, engage in, continue or complete any exploration, excavation or mining for or extraction or removal of sand and gem by using any prohibited equipment within any water body or any island situated within that water body or the area lying between the river bank and the reservation limit.

3. The use of any equipment other than prohibited equipment, for any exploration, excavation or mining for or dredge or removal of sand and gem, shall be deemed to be prohibited subject to regulation 4, if such use causes pollution, harm or damage to the environment.

4. Provided however, such equipment may be used only to dredge or remove any sand or rubble which may obstruct the natural flow of the water, on any water body or other area lying between the river bank and, reservation limit due to natural phenomena.

5. In these regulations unless the context otherwise requires-

“Environment” shall have the same meaning assigned to such expression under National Environmental Act, No. 47 of 1980;

“Excavation” includes any digging, dredging, bulldozing, removing or displacing sand and gems;

“Exploration” means any activity that is carried out by means of geological, geophysical, geo-chemical examination for the purpose of determining the regional geographical condition and any indication of minerals and their quantity or quality;

“Extraction” includes any manual or mechanical process used for the purpose of selection, separation or sorting out from earth, soil and sand;

“Mining” means excavation on the surface of the earth or shallow or deep excavation below the surface of the earth;

“Prohibited equipment” means any tool or instrument used for excavation, extraction or removal of sand and gem within an inland water body or any island within that water body or on the area lying between the river bank and the reservation limit, using backhoes, bulldozers, sucking machines or any the equipment, the use of which may be prohibited by the Central Environmental Authority from time to time;

“Pollution” shall have the same meaning as assigned to that expression under the National Environmental Act, No. 47 of 1980;

“Person” shall include any Government Department, Corporation, Statutory Body, Provincial Council, Local Authority, Company, Firm or an individual.

“Reservation Limit” means-

(i) if the water body is a public stream or a river, width of more than twenty five meters at any point of its course, the area lying within sixty meters from the bank of that stream or river;

(ii) if the water body is a public stream having width of less than twenty five meters at any point of its course, the area lying within thirty meters from the bank of that stream;

(iii) if the water body is a tank, reservoir or a pond, the area extending up to a distance of hundred meters from the full supply level;

“Water body” shall include a river, public stream, tank, reservoir and a pond.

THE WORLD BANK OPERATIONS MANUAL BP 4.01 January, 1999 Bank Procedures Page 1 of 1

Note: OP and BP 4.01 together replace OMS 2.36,Environmental Aspects of Bank Work; OD 4.00, Annex A,Environmental Assessment; OD 4.00, Annex B,Environmental Policy for Dam and Reservoir Projects; OD 4.01,Environmental Assessment; and the following Operational Memoranda:Environmental Assessments: Instructions to Staff on the Handling of the Borrower's Consultations with Affected Groups and Relevant Local NGOs, 4/10/90;Environmental Assessments: Instructions to Staff on the Release of Environmental Assessments to Executive Directors, 11/21/90; andRelease of Environmental Assessments to Executive Directors, 2/20/91. Additional information related to these statements is provided in theEnvironmental Assessment Sourcebook(Washington, D.C.: World Bank, 1991) and subsequent updates available from the Environment Sector Board, and in thePollution Prevention and Abatement Handbook. 1 Other Bank statements that relate to the environment include OP/BP 4.02,Environmental Action Plans;OP/BP 4.04,Natural Habitats; OP 4.07,Water Resources Management; OP 4.09,Pest Management; OP/BP 4.10,Indigenous Peoples; OP/BP 4.11,PhysicalCultural Resources; OP/BP 4.12,Involuntary Resettlement; OP/BP 4.36,Forests; and OP/BP 10.04, Economic Evaluation of Investment Operations.These OP and BP cover all projects for which a PID is first issued after March 1, 1998. Questions may be addressed to the Chair, Environment Sector Board. Environmental Assessment

1. Environmental assessment (EA) for a proposed Bank-financed operation is the responsibility of the borrower. Bank2 staff assist the borrower, as appropriate. The Region coordinates Bank review of EA in consultation with its Regional environment sector unit (RESU)3 and, as necessary, with the support of the Environment Department (ENV).

1 The1998 Pollution Prevention and Abatement Handbook is being updated. For complete reference, consult the World Bank Group Environmental Health and Safety Guidelines. The EHS Guidelines are intended as living documents and may be amended and supplemented from time to time. Please check the website [ http://www.ifc.org/ifcext/enviro.nsf/Content/EnvironmentalGuidelines] for the most recent version.

2 "Bank" includes IBRD and IDA; "EA" refers to the entire process set out in OP/BP 4.01; "project" covers all operations financed by Bank loans or guarantees except development policy lending (for which the environmental provisions are set out in OP/BP 8.60, Development Policy Lending), and also includes projects under adaptable lending-adaptable program loans (APLs) and learning and innovation loans (LILs) -and projects and components funded under the Global Environment Facility; "loans" includes IDA credits and IDA grants; "borrower" includes, for guarantee operations, a private or public project sponsor receiving from another financial institution a loan guaranteed by the Bank; "Project Concept Document" includes the Initiating Memorandum; and "Project Appraisal Document" includes the Report and Recommendation of the President (President's Report).

3 As of November 1998, the Regional environmental sector units are as follows: AFR - Environment Group; EAP, SAR, and ECA - Environment Sector Unit; MNA - Rural Development, Water, and Environment Sector Unit; LCR - Environmentally and Socially Sustainable Development Sector Unit.

These procedures were prepared for use by World Bank staff and are not necessarily a complete treatment of the subject. Additional copies are available for Bank staff in the Institutional Information Services Center, and to the public through the Public Information Center. THE WORLD BANK OPERATIONS MANUAL BP 4.01 January, 1999 Bank Procedures Page 2 of 2

Environmental Screening

2. In consultation with the RESU, the task team (TT) examines the type, location, sensitivity, and scale of the proposed project,4 as well as the nature and magnitude of its potential impacts. At the earliest stage of the project cycle, the TT, with the RESU's concurrence, assigns the proposed project to one of four categories (A, B, C, or FI; see OP 4.01, para. 8 ), reflecting the potential environmental risks associated with the project. Projects are categorized according to the component with the potentially most serious adverse effects; dual categories (e.g., A/C) are not used.

3. The TT records in the Project Concept Document (PCD) and the initial Project Information Document (PID) (a) the key environmental issues (including any resettlement, indigenous peoples, and physical cultural resources concerns); (b) the project category and the type of EA and EA instruments needed; (c) proposed consultation with project-affected groups and local nongovernmental organizations (NGOs), including a preliminary schedule; and (d) a preliminary EA schedule.5 The TT also reports the project's EA category in the Monthly Operational Summary of Bank and IDA Proposed Projects (MOS), and prepares (and updates as necessary) an Environmental Data Sheet (EDS)6 for the project. For Category A projects, the EDS is included as a quarterly annex to the MOS.

4. If, during project preparation, the project is modified or new information becomes available, the TT, in consultation with the RESU, considers whether the project should be reclassified. The TT updates the PCD/PID and the EDS to reflect any new classification and record the rationale for the new classification. The new classification that appears in the MOS is followed by "(R)" to indicate a revision.

5. Any exemption with respect to the application of this policy to any emergency operation processed under OP 8.00, Rapid Response to Crises and Emergencies,7 is subject to approval by the Regional vice president (RVP), in consultation with the Chair, ENV, and the Legal Department (LEG).8

4 "Location" refers to proximity to or encroachment on environmentally important areas, such as wetlands, forests, and other natural habitats. "Scale" is judged by Regional staff in the country context. "Sensitivity" refers to projects that may have irreversible impacts, affect vulnerable ethnic minorities, involve involuntary resettlement, or affect physical cultural resources. For further discussion, see the Environmental Assessment Sourcebook, Update No. 2: Environmental Screening (available from the Environment Department).

5 See OP/BP 10.00, Investment Lending: Identification to Board Presentation, for the loan processing context in which decisions on the environment category and the EA process are made.

6 For the EDS, see Annex A.

7 See OP 4.01, para. 13.

8 LEG input is provided through the lawyer assigned to the project.

These procedures were prepared for use by World Bank staff and are not necessarily a complete treatment of the subject. Additional copies are available for Bank staff in the Institutional Information Services Center, and to the public through the Public Information Center. THE WORLD BANK OPERATIONS MANUAL BP 4.01 January, 1999 Bank Procedures Page 3 of 3

EA Preparation

6. During preparation of the PCD, the TT discusses with the borrower the scope of the EA9 and the procedures, schedule, and outline for any EA report required. For Category A projects, a field visit by an environmental specialist for this purpose is normally necessary.10 At the time of the Project Concept Review,the RESU provides formal clearance of the environmental aspects of the PCD/PID. For Category B projects, the Concept Review decides whether an environmental management plan (EMP) will be required.

7. EA is an integral part of project preparation. As necessary, the TT assists the borrower in drafting the terms of reference (TOR) for any EA report.11 The RESU reviews the coverage of the TOR, ensuring among other things that they provide for adequate interagency coordination and for consultation with affected groups and local NGOs. To support preparation of the TOR and the EA report, the TT gives the borrower the documents Content of an Environmental Assessment Report for a Category A Project and Environmental Management Plan.12 As applicable, Bank and borrower staff refer to the Pollution Prevention and Abatement Handbook,13 which contains pollution prevention and abatement measures and emission levels that are normally acceptable to the Bank.

8. For a Category A project, the TT advises the borrower that the EA report must be submitted to the Bank in English, French, or Spanish, and an executive summary in English.

9. For all Category A projects, and for Category B projects that are proposed for IDA funding and that will have a separate EA report, the TT advises the borrower in writing that (a) before the Bank proceeds to project appraisal, the EA report must be made available in a public place accessible to affected groups and local NGOs and must be officially submitted to the Bank; and (b) once the Bank officially receives the report, it will make the report available to the public through its InfoShop.14

10. During the design phase of a project, the TT advises the borrower on carrying out the EA in accordance with the requirements of OP 4.01. The TT and the lawyer identify any matters pertaining to the project's consistency with national legislation or international environmental treaties and agreements (referred to in OP 4.01, para. 3).

9 For sector investment and financial intermediary operations, Bank and borrower staff need to consider the potential for significant cumulative impacts from multiple subprojects.

10 Such a field visit by an environmental specialist may also be desirable for some Category B projects.

11 According to Guidelines: Selection and Employment of Consultants by World Bank Borrowers (Washington, D.C.: World Bank), the TT reviews the qualifications of and, if acceptable, gives a no-objection to any consultants retained by the borrower to prepare the EA report or to serve on a panel.

12 For these two documents, see OP 4.01, Annexes B and C.

13 See footnote 1.

14 See OP 4.01, para. 19, and The World Bank Policy on Disclosure of Information.

These procedures were prepared for use by World Bank staff and are not necessarily a complete treatment of the subject. Additional copies are available for Bank staff in the Institutional Information Services Center, and to the public through the Public Information Center. THE WORLD BANK OPERATIONS MANUAL BP 4.01 January, 1999 Bank Procedures Page 4 of 4

Review and Disclosure

11. When the borrower officially submits a Category A or Category B EA report to the Bank, the Region places a copy of the full report in the project file. It also sends the English-language executive summary of a Category A EA report to the Board Operations Division, Corporate Secretariat, under cover of a transmittal memorandum confirming that the executive summary and the full report (a) have been prepared by the borrower and have not been evaluated or endorsed by the Bank, and (b) are subject to change during appraisal. The results of a Category B EA, when there is no separate report, are summarized in the PID.

12. For Category A and B projects, the TT and the RESU review the results of the EA, ensuring that any EA report is consistent with the TOR agreed with the borrower. For Category A projects, and for Category B projects proposed for IDA funding that have a separate EA report, this review gives special attention to, among other things, the nature of the consultations with affected groups and local NGOs and the extent to which the views of such groups were considered; and the EMP with its measures for mitigating and monitoring environmental impacts and, as appropriate, strengthening institutional capacity. If not satisfied, the RESU may recommend to Regional management that (a) the appraisal mission be postponed, (b) the mission be considered a preappraisal mission, or (c) certain issues be reexamined during the appraisal mission. The RESU sends a copy of Category A reports to ENV.

13. For all Category A and B projects, the TT updates the status of the EA in the PCD/PID, describing how major environmental issues have been resolved or will be addressed and noting any proposed EA-related conditionalities. The TT sends the InfoShop a copy of all EA reports.

14. At the Project Decision stage,the RESU provides formal clearance of the environmental aspects of the project, including their treatment in the draft legal documents prepared by LEG.

Project Appraisal

15. For Category A projects and for Category B projects proposed for IDA funding that have a separate report, the appraisal mission normally departs only after the Bank has received the officially transmitted EA report and reviewed it (see paras. 11-13).15 For Category A projects, the appraisal mission team includes one or more environmental specialists with relevant expertise.16 The appraisal mission for any project (a) reviews both the procedural and substantive elements of the EA with the borrower, (b) resolves any issues, (c) assesses the adequacy of the institutions responsible for environmental management in light of the EA's findings, (d) ensures the adequacy of financing arrangements for the EMP, and (e) determines whether the EA's recommendations are properly addressed in project design and economic analysis. For Category A and B projects, the TT obtains the RESU's and LEG's concurrence

15 In exceptional cases, the RVP, with the prior concurrence of the Chair, ENV, may authorize the appraisal mission's departing before the Category A EA report is received. In such cases, the RESU's clearance of the project is conditional on the Bank's receiving, before appraisal ends and negotiations begin, an EA report that provides an adequate basis for continued project processing.

16 It may be desirable to include environmental specialists on the appraisal mission team for some Category B projects, as well.

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with any change during appraisal and negotiations in any environment-related conditionality from that approved at the Project Decision stage.

Sector Investment and Financial Intermediary Lending

16. The appraisal mission develops clear arrangements with the borrower to ensure that the implementing institutions will be able to carry out or oversee EAs of proposed subprojects;17 specifically, the mission confirms the sources of required expertise and the appropriate division of responsibilities among the ultimate borrower, the financial intermediary or sector agency, and the agencies responsible for environmental management and regulation. As appropriate, the TT reviews Category A and B subproject EA reports in accordance with OP 4.01, paras. 9 and 11-12 .

Guarantee Operations

17. Environmental assessment of a guarantee operation is carried out in accordance with OP/BP 4.01. Any EA for an IBRD guarantee operation must be carried out in sufficient time for (a) the RESU to review the results of the EA, and (b) the TT to take the findings into account as part of appraisal. The TT ensures that a Category A EA report for such an IBRD guarantee operation is available at the InfoShop no later than 60 days before the expected date of Board presentation, and any required Category B EA report no later than 30 days before the expected date of Board presentation.

18. For the purposes of disclosure of EA reports, IDA guarantees are governed by the same policy framework as IDA credits. When a deviation from this policy framework is justified on operational grounds, the procedures for IBRD guarantees may be followed (see para. 17).

Documentation

19. The TT reviews the borrower's Project Implementation Plan to ensure that it incorporates EA findings and recommendations, including any EMP. In preparing the loan package for submission to the Board, the TT summarizes in the Project Appraisal Document (PAD) the reasons for the project classification; the findings and recommendations of the EA, including the justification for the recommended emission levels and approach to pollution prevention and abatement; and any issues related to the country's obligations under relevant international environmental treaties and agreements to which it is a party (see OP 4.01, para. 3). For a Category A project, the TT summarizes the EA report in an annex to the PAD,including such key elements as the procedures used to prepare the report; environmental baseline conditions; the alternatives considered; the predicted impacts of the chosen alternative; a summary of the EMP, covering the areas outlined in OP 4.01, Annex C; and the borrower's consultations with affected groups and local NGOs, including the issues raised and how they have been taken into account. The annex also describes negotiated environment-related loan conditionalities and covenants; when necessary, documentation of the government's intention to grant appropriate permits; and environmental supervision arrangements. For sector investment and financial intermediary loans, the

17 The TT provides to the implementing institutions, for use (as appropriate) in the preparation and appraisal of subprojects, copies of Content of an Environmental Assessment Report for a Category A Project (OP 4.01, Annex B), Environmental Management Plan (OP 4.01, Annex C), and Pollution Prevention and Abatement Handbook (see footnote 1).

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documents include appropriate measures and conditions for subproject EA work. The TT and LEG ensure that loan conditions include an obligation to carry out the EMP and include as additional conditions specific measures under the EMP, as appropriate for facilitating effective supervision and monitoring of EMP implementation.

Supervision and Evaluation

20. During implementation, the TT supervises the project's environmental aspects on the basis of the environmental provisions and the borrower's reporting arrangements agreed in the legal documents and described in other project documentation.18 The TT ensures that procurement arrangements are consistent with the environmental requirements set out in the project legal agreements. The TT also ensures that supervision missions contain adequate environmental expertise.

21. The TT ensures that environment-related covenants are included in the monitoring system. It also ensures that reports provided by the borrower on project progress adequately discuss the borrower's compliance with agreed environmental actions, particularly the implementation of environmental mitigation, monitoring, and management measures. The TT, in consultation with the RESU and LEG, reviews this information and determines whether the borrower's compliance with environmental covenants is satisfactory. If compliance is not satisfactory, the TT discusses an appropriate course of action with the RESU and LEG. The TT discusses with the borrower actions necessary to correct the noncompliance, and it follows up on the implementation of such actions. The TT advises Regional management of the actions taken and recommends any further measures. During implementation, the TT obtains the RESU's concurrence with any change in environment-related aspects of the project, including environment-related conditions cleared by LEG.

22. The TT ensures that the borrower's operating plan for the project includes actions required to carry out the project's environment-related aspects, including provision for continued functioning of any environmental advisory panel as agreed with the Bank.

23. The Implementation Completion Report19 evaluates (a) environmental impacts, noting whether they were anticipated in the EA report; and (b) the effectiveness of any mitigatory measures taken.

Role of the Environment Department

24. ENV supports the Regions throughout the EA process with advice, training, dissemination of good practice, and operational support. As appropriate, ENV provides to other Regions the EA reports, related materials, precedents, and experience that originate in any one Region or from external sources. ENV carries out project audits to help ensure compliance with the Bank's EA policy, and it conducts periodic reviews of the Bank's EA experience to identify and disseminate good practice and develop further guidance in this area.

18 See OP/BP 13.05, Project Supervision.

19 See OP/BP 13.55, Implementation Completion Reporting.

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Financing EA

25. Project Preparation Facility advances20 and trust funds may be available to potential borrowers that request Bank assistance in financing EA.

Specific Applications

26. Procedures for the environmental assessment of projects involving dams and reservoirs and pest management are set out in Annexes B and C, respectively.

20 See OP/BP 8.10, Project Preparation Facility.

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Environmental Data Sheet for Projects in the IBRD/IDA Lending Program

Country: ______Project ID No.: ______

Project Name: ______

Appraisal Date: ______IBRD Amount ($m):

Board Date: ______IDA Amount ($m): ______

Managing Division: ______Sector: ______

Lending Instrument: ______Status: ______

Date for receipt of EA report by Bank: ______Date Assigned: ______

EA Category:______

Date data sheet prepared/update: ______Please do not leave any items blank. Use "N/A" (not applicable) or "TBD" (to be determined) when appropriate.

Major Project Components:

Major Environmental Issues: (identified or suspected in project)

Other Environmental Issues: (of lesser scope associated with project)

Proposed Actions: (to mitigate environmental issues described above)

Justification/Rationale for Environmental Category: (presents reasons for environmental category selected and explanation of any changes from initial classification, including whether any changes relate to alternatives)

Reporting Schedule: (Category A EA report: Start-up date, date for first draft, and current status. Category B: Is there a separate EA report? If yes, when is it due?)

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Remarks: (gives status of any other environmental studies, lists local groups and local NGOs consulted and, where EA reports were made public locally, tells whether borrower has given permission to release EA report, etc.)

Signed by:______(Task Team Leader)

Signed by:______(Head, Regional Environment Sectoral Unit)

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Application of EA to Dam and Reservoir Projects

1. During project identification and before assigning an environmental category, the task team (TT) ensures that the borrower selects and engages independent, recognized experts or firms, whose qualifications and terms of reference (TOR) are acceptable to the Bank, to carry out environmental reconnaissance that includes

a. identifying the potential environmental impacts of the project;

b. ascertaining the scope of the environmental assessment (EA), including any resettlement and indigenous peoples concerns;

c. assessing the borrower's capacity to manage the EA process; and

d. advising on the need for an independent environmental advisory panel.1

The TT obtains from the borrower a copy of the results of the reconnaissance and ensures that they are taken into account in environmental screening and in the preparation of the EA TOR. For dam and reservoir projects that are in an advanced stage of preparation when proposed for financing to the Bank, the TT in consultation with the Regional environment sectoral unit (RESU) determines whether any additional EA work is needed, and whether an independent environmental advisory panel is needed. A field visit for this purpose is normally required (see BP 4.01, para 6).

2. During project preparation, the TT assesses the environmental soundness of the country's macroeconomic and sector policies on matters that affect the project. If the TT identifies any issues, it discusses with the government measures to improve the policies.

3. If the borrower engages an environmental advisory panel, the TT reviews and indicates to the borrower the acceptability of the TOR and shortlists.

4. In reviewing the EA, the TT and the RESU ensure that the EA examines demand management opportunities. In appraising the project, they ensure that the project design adequately takes into account demand management as well as supply options (e.g., conservation of water and energy, efficiency improvements, system integration, cogeneration, and fuel substitution).

5. The TT ensures that the borrower establishes within the implementing ministry or agency an in- house environmental unit, with adequate budget and professional staffing strong in expertise relevant to the project, to manage the project's environmental aspects.

1 See OP 4.01, para. 4.

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Application of EA to Projects Involving Pest Management

Sector Review

1. The task team (TT) ensures that any environmental assessment (EA) of the agriculture or health sector evaluates the country's capacity to manage the procurement, handling, application, and disposal of pest control products; to monitor the precision of pest control and the impact of pesticide use; and to develop and implement ecologically based pest management programs.

Project EA

2. During project identification, the TT assesses whether the proposed project may raise potential pest management issues. Projects that include the manufacture, use, or disposal of environmentally significant1 quantities of pest control products are classified as Category A. Depending on the level of environmental risk, other projects involving pest management issues are classified as A, B, C, or FI.2 When substantial quantities of highly toxic pesticide materials for use under the project are transported or stored, a hazard assessment may be appropriate.3

3. The TT records in the Project Concept Document (PCD) and the initial Project Information Document (PID) any pest management issues that the EA will address. For Category A projects, the TT reports in the Monthly Operational Summary for Bank and IDA Proposed Projects (MOS) whether the project (a) will finance procurement of pest control products directly or will provide credit that may be used to purchase pest control products (and whether any specific products are excluded from financing), (b) will finance goods or services that significantly change pesticide use patterns, or (c) includes components--including support for development and implementation of integrated pest management (IPM) programs--aimed at reducing environmental and health hazards associated with pest control and the use of pesticides.

4. The TT ensures that the EA covers potential issues related to pest management and considers appropriate alternative designs or mitigation measures. Depending on the issues identified, the environmental management plan4 includes a pest management plan.

1 For the purposes of this statement, "environmental significance" takes into account the impacts (including benefits) on human health.

2 For environmental screening, see OP 4.01, para. 8.

3 For definitions, see OP 4.01, Annex A.

4 See OP 4.01, Annex C.

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Pest Management Plan

5. A pest management plan is a comprehensive plan, developed when there are significant pest management issues such as (a) new land-use development or changed cultivation practices in an area, (b) significant expansion into new areas, (c) diversification into new crops in agriculture,5(d) intensification of existing low-technology systems, (e) proposed procurement of relatively hazardous pest control products or methods, or (f) specific environmental or health concerns (e.g., proximity of protected areas or important aquatic resources; worker safety). A pest management plan is also developed when proposed financing of pest control products represents a large component of the project.6

6. A pest management plan reflects the policies set out in OP 4.09, Pest Management. The plan is designed to minimize potential adverse impacts on human health and the environment and to advance ecologically based IPM. The plan is based on on-site evaluations of local conditions conducted by appropriate technical specialists with experience in participatory IPM. The first phase of the plan--an initial reconnaissance to identify the main pest problems and their contexts (ecological, agricultural, public health, economic, and institutional) and to define broad parameters--is carried out as part of project preparation and is evaluated at appraisal. The second phase--development of specific operational plans to address the pest problems identified--is often carried out as a component of the project itself. As appropriate, the pest management plan specifies procedures for screening pest control products. In exceptional cases, the pest management plan may consist of pest control product screening only.7

Screening of Pest Control Products

7. Pest control product screening is required when a project finances pest control products. The screening establishes an authorized list of pest control products approved for financing, along with a mechanism to ensure that only the specified products will be procured with Bank funds. Screening without a pest management plan is appropriate only when all of the following conditions are met: (a) expected quantities of pest control products are not significant from a health or environment standpoint; (b) no significant environmental or health concerns related to pest control need to be addressed; (c) the project will not introduce pesticide use or other nonindigenous biological control into

5 Particularly such crops as cotton, vegetables, fruits, and rice, which are often associated with heavy use of pesticides.

6 A pest management plan is not required for the procurement or use of impregnated bednets for malaria control, or of WHO Class III insecticides for intradomiciliary spraying for malaria control.

7 Bank staff can access more information from the RDV website.

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an area, or significantly increase the level of pesticide use; and (d) no hazardous products8 will be financed.

Appraisal

8. Depending on the complexity of the issues involved and the degree of risk to human health or the environment, the appraisal mission includes appropriate technical specialists.

9. The TT records in the Project Appraisal Document (PAD) pest management concerns arising from the EA and any proposed project interventions pertinent to pest management, for example:

a. a list of pest control products authorized for procurement, or an indication of when and how this list will be developed and agreed on;

b. existing pest management practices; pesticide use; the policy, economic, institutional, and legal framework for regulating, procuring, and managing pesticides; and the extent to which all these are consistent with an IPM approach;

c. proposed project activities (or ongoing parallel activities, including other projects supported by the Bank or other donors) aimed at addressing (i) the shortcomings identified, and (ii) any constraints to adopting IPM;

d. proposed mechanisms for financing, implementing, monitoring, and supervising components relating to pest management or pesticide use, including any role envisaged for local nongovernmental organizations;

e. the capacity of responsible institutions to carry out the activities described; and

f. the overall sectoral context and other issues that will not be directly addressed under the project but that should be addressed as long-term objectives.

10. The main elements of the pest management measures are reflected in the legal agreements between the borrower and the Bank.9

8 Hazardous products include pesticides listed in Class Ia and Ib of the World Health Organization (WHO) Classification of Pesticides by Hazard and Guidelines to Classification (Geneva: WHO, 1994-95); materials listed in the UN Consolidated List of Products Whose Consumption and/or Sale have been Banned, Withdrawn, Severely Restricted, or not Approved by Governments (New York: UN, 1994); and other materials that are banned or severely restricted in the borrower country because of environmental or health hazards (see the country's national pesticide registration list, if it has one). Copies of the WHO classification and UN list, which are updated periodically, are available in the Bank's Sectoral Library. Staff may consult the Rural Development Department for further guidance.

9 Loan conditionality may be needed to ensure the effective implementation of project components; for example, (a) establishing or strengthening pesticide regulatory and monitoring framework and capabilities, (b) properly operating and/or constructing pesticide storage or disposal facilities, (c) agreeing on a time-bound program to phase out use of an undesirable pesticide and properly dispose of any existing stocks, or (d) initiating research or extension programs aimed at providing alternatives to undesirable pesticide use.

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Supervision and Evaluation

11. Depending on the nature and complexity of the pest management and pesticide-related issues confirmed at appraisal, supervision missions may need to include appropriate technical specialists. This need is reflected in the supervision plan.

12. The Implementation Completion Report evaluates the environmental impact of pest management practices supported or promoted by the project, as well as the borrower's institutional oversight capacity. It also discusses whether the project has resulted in improved pest management practices according to the criteria that define the IPM approach.

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Note: OP and BP 4.02 replace the versions dated October 1994. Questions may be addressed to the Chair, Environment Sector Board. Environmental Action Plans

1. The Bank1 encourages and supports the efforts of borrowing governments to prepare and implement an appropriate Environmental Action Plan (EAP)2 and to revise it periodically as necessary. Although the Bank may provide advice, responsibility for preparing and implementing the EAP rests with the government, and the EAP is the country's plan.

2. An EAP describes a country's major environmental concerns, identifies the principal causes of problems, and formulates policies and actions to deal with the problems.3 In addition, when environmental information is lacking, the EAP identifies priority environmental information needs and indicates how essential data and related information systems will be developed. The EAP provides the preparation work for integrating environmental considerations into a country's overall economic and social development strategy. The EAP is a living document that is expected to contribute to the continuing process by which the government develops a comprehensive national environmental policy and programs to implement the policy. This process is expected to form an integral part of overall national development policy and decision making.

3. The Bank draws on the EAP for environmental information and analysis to plan its assistance with appropriate attention to environmental considerations. The Bank encourages each government to integrate its EAP into sectoral and national development plans. The Bank works with each government to ensure that information from the EAP (a) is integrated into the Country Assistance Strategy,4 and (b) informs the development of program- and project-level details in a continuing process of environmental planning.

Participation

4. The Bank encourages the government to secure support for the EAP and to help ensure its effective implementation by (a) using multidisciplinary teams from appropriate agencies within the

1 "Bank" includes IBRD and IDA.

2 The term "EAP" may refer to a specific document formally designated as an EAP, or to a plan set forth in such comparable documents as a report of a task force, a conservation strategy, or an overall development strategy that treats environmental issues. National reports on the environment submitted by member countries for the United Nations Conference on Environment and Development (UNCED) (Rio de Janeiro, June 1992) are in principle similar to EAPs. If in scope and content a country's UNCED report is consistent with the requirements for an EAP, including those on broad public participation (see para. 4), the Bank may accept that report as an EAP.

3 Bank staff can access more information on EAP from the ENV website.

4 See BP 2.11, Country Assistance Strategies.

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government to assist with preparation, and (b) taking into account the views of interested parties (including local nongovernmental organizations [NGOs]5), obtained through means that induce broad public participation.

Disclosure

5. While the EAP is being prepared, the Bank encourages the government to make drafts available to groups that will be affected by its implementation and to other interested groups, including NGOs. When the EAP is completed, the Bank encourages the government to issue it to aid agencies and the public. When the Bank has officially received an EAP and has obtained the government's consent, it makes the EAP publicly available.6

5 See GP 14.70, Involving Nongovernmental Organizations in Bank-Supported Activities.

6 See The World Bank Policy on Disclosure of Information, para. 29 (Washington, D.C.: World Bank, 2002).

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Note: OP and BP 4.02 replace the versions dated October 1994. Questions may be addressed to the Chair, Environment Sector Board. Environmental Action Plans

1. The Bank's1 role in preparing and implementing an Environmental Action Plan (EAP) is primarily to provide advice and help arrange technical assistance, if requested to do so by the government. The degree of Bank involvement depends on the capacity of the government to design and manage the process. Within the Bank, the responsibility for assisting in and monitoring the preparation of an EAP rests primarily with the concerned country management unit (CMU), supported by the Regional environmental and sector unit (RESU). Additional support may be requested from other Bank units with particular expertise, such as the Networks and the Legal Department.

Bank Review

2. Bank staff review the draft EAP, keeping in mind its usefulness in scope and content as a policy and investment planning document, and provide comments to the government. Bank staff also determine whether the EAP is supported and endorsed by the government agencies that need to approve it formally.

3. The CMU, the RESU, and the relevant sector units (SUs) review the completed EAP and provide comments to the government on technical issues and the main environmental concerns.

EAP Monitoring

4. Bank staff periodically monitor and evaluate progress in implementing the EAP's action program, discuss their findings with the government, and identify and promote corrective actions. Bank staff encourage and support the government's efforts to periodically update the EAP in light of new information and changing priorities. If the government so requests, Bank staff assist in identifying financial resources and expertise to update the EAP.

Integration into Country DevelopmentPlanning and Bank Work

5. As part of regular country assistance management, Bank staff identify potential gaps in country capability for EAP preparation, monitoring, and updating. The CMU estimates when the entire EAP, or portions of it, will need to be monitored, reviewed, and updated for inclusion in the Bank's Country Assistance Strategy. The CMU and appropriate SU ensure that the Bank's country economic and sector work, country economic memoranda, Country Assistance Strategy, and Policy Framework Paper integrate and properly reflect the findings of the EAP and identify areas in which environmental questions remain. Bank staff may also need to integrate EAP information into the Project Appraisal Document and Program Document for investment and development policy lending operations.

1 "Bank" includes IBRD and IDA.

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6. The RESU reviews the appropriate Bank documents to ensure that environmental actions identified and recommended in the EAP have been adequately taken into account.

7. Bank staff promote coordination among the efforts of the various aid agencies participating in the EAP process.

Status Reports and Release of the EAP

8. The CMU informs the executive directors of the status of the EAP through the Country Assistance Strategy (CAS) and the CAS Progress Report.2 In addition, IDA periodically reports to the Board on the status of the EAPs for IDA countries. When the government permits, the CMU makes copies of the EAP available to the executive directors on request. Once the Bank has officially received the EAP and has obtained the government's consent, the CMU sends a copy of the EAP to the InfoShop, through which interested parties may obtain it.

2 See BP 2.11, Country Assistance Strategies.

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Note: OP and BP 4.04 replace the earlier versions dated September 1995. Questions should be addressed to the Director, Environment Department. Natural Habitats

1. The conservation of natural habitats,1 like other measures that protect and enhance the environment, is essential for long-term sustainable development. The Bank2 therefore supports the protection, maintenance, and rehabilitation of natural habitats and their functions in its economic and sector work, project financing, and policy dialogue. The Bank supports, and expects borrowers to apply, a precautionary approach to natural resource management to ensure opportunities for environmentally sustainable development.

Economic and Sector Work

2. The Bank's economic and sector work includes identification of (a) natural habitat issues and special needs for natural habitat conservation, including the degree of threat to identified natural habitats (particularly critical natural habitats), and (b) measures for protecting such areas in the context of the country's development strategy. As appropriate, Country Assistance Strategies and projects incorporate findings from such economic and sector work.

Project Design and Implementation

3. The Bank promotes and supports natural habitat conservation and improved land use by financing projects designed to integrate into national and regional development the conservation of natural habitats and the maintenance of ecological functions. Furthermore, the Bank promotes the rehabilitation of degraded natural habitats.

1 See definitions in Annex A.

2 "Bank" includes IBRD and IDA, "loans" includes IDA credits and IDA grants, "borrower" includes, for guarantee operations, a private or public project sponsor receiving from another financial institution a loan guaranteed by the Bank; and "project" includes all operations financed by Bank loans (including projects under adaptable lending-adaptable program loans [APLs] and learning and innovation loans [LILs]) or guarantees except programs supported under development policy lending (with respect to which environmental considerations are set out in OP/BP 8.60, Development Policy Lending)and debt and debt service operations. The project financed by a Bank loan is described in Schedule 2 to the Loan/Development Credit Agreement for that project. The term project includes all components of the project, regardless of the source of financing. The term project also includes projects and components funded under the Global Environment Facility (GEF), but does not include GEF projects executed by organizations identified by the GEF Council as eligible to work with the GEF through expanded opportunities for project preparation and implementation (such organizations include, inter alia, regional development banks and UN agencies such as FAO and UNIDO).

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4. The Bank does not support projects that, in the Bank's opinion, involve the significant conversion or degradation3 of critical natural habitats.

5. Wherever feasible, Bank-financed projects are sited on lands already converted (excluding any lands that in the Bank's opinion were converted in anticipation of the project). The Bank does not support projects involving the significant conversion of natural habitats unless there are no feasible alternatives for the project and its siting, and comprehensive analysis demonstrates that overall benefits from the project substantially outweigh the environmental costs. If the environmental assessment4 indicates that a project would significantly convert or degrade natural habitats, the project includes mitigation measures acceptable to the Bank. Such mitigation measures include, as appropriate, minimizing habitat loss (e.g., strategic habitat retention and post-development restoration) and establishing and maintaining an ecologically similar protected area. The Bank accepts other forms of mitigation measures only when they are technically justified.

6. In deciding whether to support a project with potential adverse impacts on a natural habitat, the Bank takes into account the borrower's ability to implement the appropriate conservation and mitigation measures. If there are potential institutional capacity problems, the project includes components that develop the capacity of national and local institutions for effective environmental planning and management. The mitigation measures specified for the project may be used to enhance the practical field capacity of national and local institutions.

7. In projects with natural habitat components, project preparation, appraisal, and supervision arrangements include appropriate environmental expertise to ensure adequate design and implementation of mitigation measures.

8. This policy applies to subprojects under sectoral loans or loans to financial intermediaries.5 Regional environmental sector units oversee compliance with this requirement.

Policy Dialogue

9. The Bank encourages borrowers to incorporate into their development and environmental strategies analyses of any major natural habitat issues, including identification of important natural habitat sites, the ecological functions they perform, the degree of threat to the sites, priorities for conservation, and associated recurrent-funding and capacity-building needs.

10. The Bank expects the borrower to take into account the views, roles, and rights of groups, including local nongovernmental organizations and local communities,6 affected by Bank-financed projects involving natural habitats, and to involve such people in planning, designing, implementing, monitoring, and evaluating such projects. Involvement may include identifying appropriate conservation

3 For definitions, see Annex A.

4 See OP/BP 4.01, Environmental Assessment.

5 See OP/BP 4.01, Environmental Assessment, for environmental assessment in subprojects.

6 See OP/BP 4.10, Indigenous Peoples, when local communities include indigenous peoples.

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measures, managing protected areas and other natural habitats, and monitoring and evaluating specific projects. The Bank encourages governments to provide such people with appropriate information and incentives to protect natural habitats.

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Definitions

1. The following definitions apply in OP and BP 4.04:

a. Natural habitats1 are land and water areas where (i) the ecosystems' bio-logical communities are formed largely by native plant and animal species, and (ii) human activity has not essentially modified the area's primary ecological functions.All natural habitats have important biological, social, economic, and existence value. Important natural habitats may occur in tropical humid, dry, and cloud forests; temperate and boreal forests; mediterranean- type shrub lands; natural arid and semi-arid lands; mangrove swamps, coastal marshes, and other wetlands; estuaries; sea grass beds; coral reefs; freshwater lakes and rivers; alpine and sub alpine environments, including herb fields, grasslands, and paramos; and tropical and temperate grasslands.

b. Critical natural habitats are:

i. existing protected areas and areas officially proposed by governments as protected areas (e.g., reserves that meet the criteria of the World Conservation Union [IUCN] classifications2), areas initially recognized as protected by traditional local communities (e.g., sacred groves), and sites that maintain conditions vital for the viability of these protected areas (as determined by the environ-mental assessment process3); or

ii. sites identified on supplementary lists prepared by the Bank or an authoritative source determined by the Regional environment sector unit (RESU). Such sites may include areas recognized by traditional local communities (e.g., sacred groves); areas with known high suitability for bio-diversity conservation; and sites that are critical for rare, vulnerable, migratory, or endangered species.4 Listings are based on systematic evaluations of such factors as species richness; the degree of endemism, rarity, and vulnerability of component species; representativeness; and integrity of ecosystem processes.

1 Biodiversity outside of natural habitats (such as within agricultural landscapes) is not covered under this policy. It is good practice to take such biodiversity into consideration in project design and implementation.

2 IUCN categories are as follows: I--Strict Nature Reserve/Wilderness Area: protected area managed for science or wilderness protection; II--National Park: protected area managed mainly for ecosystem protection and recreation; IIINatural Monument: protected area managed mainly for conservation of specific natural features; IV--Habitat/Species Management Area: protected area managed mainly for conservation through management intervention; V--Protected Landscape/Seascape: protected area managed mainly for landscape/seascape conservation and recreation; and VI--Managed Resource Protected Area: protected area managed mainly for the sustainable use of natural ecosystems.

3 See OP/BP 4.01, Environmental Assessment.

4 Rare, vulnerable, endangered, or similarly threatened, as indicated in the IUCN Red List of Threatened Animals, BirdLife World List of Threatened Birds, IUCN Red List of Threatened Plants, or other credible international or national lists accepted by the RESUs.

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c. Significant conversion is the elimination or severe diminution of the integrity of a critical or other natural habitat caused by a major, long-term change in land or water use. Significant conversion may include, for example, land clearing; replacement of natural vegetation (e.g., by crops or tree plantations); permanent flooding (e.g., by a reservoir); drainage, dredging, filling, or channelization of wetlands; or surface mining. In both terrestrial and aquatic ecosystems, conversion of natural habitats can occur as the result of severe pollution. Conversion can result directly from the action of a project or through an indirect mechanism (e.g., through induced settlement along a road).

d. Degradation is modification of a critical or other natural habitat that substantially reduces the habitat's ability to maintain viable populations of its native species.

e. Appropriate conservation and mitigation measures remove or reduce adverse impacts on natural habitats or their functions, keeping such impacts within socially defined limits of acceptable environmental change. Specific measures depend on the ecological characteristics of the given site. They may include full site protection through project redesign; strategic habitat retention; restricted conversion or modification; reintroduction of species; mitigation measures to minimize the ecological damage; post development restoration works; restoration of degraded habitats; and establishment and maintenance of an ecologically similar protected area of suitable size and contiguity. Such measures should always include provision for monitoring and evaluation to provide feedback on conservation outcomes and to provide guidance for developing or refining appropriate corrective actions.

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Note: OP and BP 4.04 replace the earlier versions dated September 1995. Questions should be addressed to the Director, Environment Department. Natural Habitats

Project Processing

Project Preparation

1. Early in the preparation of a project proposed for Bank1 financing, the task team leader (TL) consults with the Regional environmental sector unit (RESU) and, as necessary, with the Environment Department (ENV) and the Legal Vice Presidency (LEG) to identify natural habitat issues likely to arise in the project.

2. If, as part of the environmental assessment process, environmental screening indicates the potential for significant conversion or degradation of critical or other natural habitats, the project is classified as Category A; projects otherwise involving natural habitats are classified as Category A or B, depending on the degree of their ecological impacts.2

3. Other forms of mitigation measures referred to in the last sentence of OP 4.04, para. 5 are accepted only after consultation with the RESU, ENV and LEG, and approval by the Regional vice president (RVP).

4. Natural habitat components of a project are linked as appropriate to the schedule of implementation for the project. The costs of conservation of any compensatory natural habitats are included in the project's financing. Mechanisms to ensure adequate recurrent cost financing are incorporated into project design.

1 "Bank" includes IBRD and IDA, loans includes IDA credits and IDA grants, "borrower" includes, for guarantee operations, a private or public project sponsor receiving from another financial institution a loan guaranteed by the Bank; and "project" includes all operations financed by Bank loans (including projects under adaptable program loans [APLs] and learning and innovation loans [LILs]) or guarantees except programs supported under development policy lending (with respect to which environmental considerations are set out in OP/BP 8.60, Development Policy Lending) and debt and debt service operations. The project financed by a Bank loan is described in Schedule 2 to the Loan/Development Credit Agreement for that project. The term project includes all components of the project, regardless of the source of financing. The term project also includes projects and components funded under the Global Environment Facility (GEF), but does not include GEF projects executed by organizations identified by the GEF Council as eligible to work with the GEF through expanded opportunities for project preparation and implementation (such organizations include, inter alia, regional development banks and UN agencies such as FAO and UNIDO).

2 See OP/BP 4.01, Environmental Assessment.

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Documentation

5. The TL identifies any natural habitat issues (including any significant conversion or degradation that would take place under the project, as well as any other forms of mitigation measures proposed under the last sentence of OP 4.04, para. 5) in the initial Project Information Document (PID) and in the early versions of the Environmental Data Sheet.3 Updated PIDs reflect changes in the natural habitat issues. The Project Appraisal Document indicates the types and estimated areas (in hectares) of affected natural habitats; the significance of the potential impacts; the project's consistency with national and regional land use and environmental planning initiatives, conservation strategies, and legislation; and the mitigation measures planned.

6. The Implementation Completion Report4 assesses the extent to which the project achieved its environmental objectives, including natural habitat conservation.

Regional and Sectoral EA Reports

7. Bank staff identify relevant natural habitat issues for regional and sectoral environmental assessment (EA) reports. Such reports indicate the present location of natural habitats in the region or sector involved, analyze the ecological functions and relative importance of such natural habitats, and describe the associated management issues. These analyses are used in subsequent project-specific environmental screening and other EA work.

Role of Bank Staff

8. RESUs coordinate the preparation and use of any supplementary critical natural habitat lists and assist with project preparation (including EA) and supervision when requested. ENV guides TLs, country departments, and RESUs in implementing OP 4.04 by disseminating best practices and providing training, reviews, advice, and operational support (including supervision).

3 See OP/BP 4.01, Environmental Assessment.

4 See OP/BP 13.55, Implementation Completion Reporting.

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Note: This document, which replaces the version dated July 1993, is based on Water Resources Management: A World Bank Policy Paper (Washington, D.C.: World Bank, 1993) and is consistent withRural Development from Vision to Action, a Sector Strategy (1997). It complements OP/BP 4.01, Environmental Assessment; OP/BP 4.02, Environmental Action Plans; OP/BP 4.10, Indigenous Peoples; OP/BP 4.12, Involuntary Resettlement; OP/BP 7.50, Projects on International Waterways; and GP 14.70, Involving Nongovernmental Organizations in Bank-Supported Activities. Questions may be addressed to the Director, Rural Development (RDV). Water Resources Management

1. Bank1 involvement in water resources management entails support for providing potable water, sanitation facilities, flood control, and water for productive activities in a manner that is economically viable, environmentally sustainable, and socially equitable.

2. The Bank assists borrowers in the following priority areas:

a. Developing a comprehensive framework for designing water resource investments, policies, and institutions. Within this framework, when the borrower develops and allocates water resources, it considers cross-sectoral impacts in a regional setting (e.g., a river basin).

b. Adopting pricing and incentive policies that achieve cost recovery, water conservation, and better allocation of water resources.

c. Decentralizing water service delivery, involving users in planning and managing water projects, and encouraging stakeholders to contribute to policy formulation. The Bank recognizes that a variety of organizations--private firms, financially autonomous entities, and community organizations--may contribute to decentralizing water delivery functions. Thus it supports projects that introduce different forms of decentralized management, focusing on the division of responsibilities among the public and private entities involved.

d. Restoring and preserving aquatic ecosystems and guarding against overexploitation of groundwater resources, giving priority to the provision of adequate water and sanitation services for the poor.

e. Avoiding the waterlogging and salinity problems associated with irrigation investments by (i) monitoring water tables and implementing drainage networks where necessary, and (ii) adopting best management practices to control water pollution.

f. Establishing strong legal and regulatory frameworks to ensure that social concerns are met, environmental resources are protected, and monopoly pricing is prevented. The Bank requires legislation or other appropriate arrangements to establish effective coordination and allocation procedures for interstate water resources.These issues are discussed in the project documents.

1 "Bank" includes IBRD and IDA, and "loans" includes IDA credits and IDA grants.

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3. Individual water lending operations are explicitly linked to the country's priorities for reform and investment and to the Bank's program of support.

4. If inadequate progress by borrowers in these priority areas leads to serious resource misuse and hampers the viability of water-related investments, Bank lending is limited to operations that provide potable water for poor households or conserve water and protect its quality without additionally drawing on a country's water resources.

These policies were prepared for use by World Bank staff and are not necessarily a complete treatment of the subject. Additional copies are available for Bank staff in the Institutional Information Services Center, and to the public through the Public Information Center. THE WORLD BANK OPERATIONS MANUAL OP 4.09 December, 1998 Operational Policies Page 1 of 1

Note: This OP 4.09 replaces the version dated July 1996. Changes in wording have been made in paras. 1 and 3 and footnotes 2, 3, and 4. Further guidance for implementing the Bank's pest management policy is in theEnvironmental Assessment Sourcebook(World Bank: Washington, D.C., 1991). Questions regarding agricultural pest management may be addressed to the Director, Rural Development. Questions regarding pesticide use in public health projects may be directed to the Director, Health Services. Pest Management

1. In assisting borrowers to manage pests that affect either agriculture or public health, the Bank1 supports a strategy that promotes the use of biological or environmental control methods and reduces reliance on synthetic chemical pesticides. In Bank-financed projects, the borrower addresses pest management issues in the context of the project's environmental assessment.2

2. In appraising a project that will involve pest management, the Bank assesses the capacity of the country's regulatory framework and institutions to promote and support safe, effective, and environmentally sound pest management. As necessary, the Bank and the borrower incorporate in the project components to strengthen such capacity.

Agricultural Pest Management3

3. The Bank uses various means to assess pest management in the country and support integrated pest management (IPM)4 and the safe use of agricultural pesticides: economic and sector work, sectoral or project-specific environmental assessments, participatory IPM assessments, and investment projects and components aimed specifically at supporting the adoption and use of IPM.

4. In Bank-financed agriculture operations, pest populations are normally controlled through IPM approaches, such as biological control, cultural practices, and the development and use of crop varieties that are resistant or tolerant to the pest. The Bank may finance the purchase of pesticides when their use is justified under an IPM approach.

1 "Bank" includes IBRD and IDA, and "loans" includes IDA credits and IDA grants.

2 See OP/BP 4.01, Environmental Assessment.

3 OP 4.09 applies to all Bank lending, whether or not the loan finances pesticides. Even if Bank lending for pesticides is not involved, an agricultural development project may lead to substantially increased pesticide use and subsequent environmental problems.

4 IPM refers to a mix of farmer-driven, ecologically based pest control practices that seeks to reduce reliance on synthetic chemical pesticides. It involves (a) managing pests (keeping them below economically damaging levels) rather than seeking to eradicate them; (b) relying, to the extent possible, on nonchemical measures to keep pest populations low; and (c) selecting and applying pesticides, when they have to be used, in a way that minimizes adverse effects on beneficial organisms, humans, and the environment.

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Pest Management in Public Health

5. In Bank-financed public health projects, the Bank supports controlling pests primarily through environmental methods. Where environmental methods alone are not effective, the Bank may finance the use of pesticides for control of disease vectors.

Criteria for Pesticide Selection and Use

6. The procurement of any pesticide in a Bank-financed project is contingent on an assessment of the nature and degree of associated risks, taking into account the proposed use and the intended users.5 With respect to the classification of pesticides and their specific formulations, the Bank refers to the World Health Organization's Recommended Classification of Pesticides by Hazard andGuidelines to Classification (Geneva: WHO 1994-95).6 The following criteria apply to the selection and use of pesticides in Bank-financed projects:

a. They must have negligible adverse human health effects.

b. They must be shown to be effective against the target species.

c. They must have minimal effect on nontarget species and the natural environment. The methods, timing, and frequency of pesticide application are aimed to minimize damage to natural enemies. Pesticides used in public health programs must be demonstrated to be safe for inhabitants and domestic animals in the treated areas, as well as for personnel applying them.

d. Their use must take into account the need to prevent the development of resistance in pests.

7. The Bank requires that any pesticides it finances be manufactured, packaged, labeled, handled, stored, disposed of, and applied according to standards acceptable to the Bank.7 The Bank does not finance formulated products that fall in WHO classes IA and IB, or formulations of products in Class II, if (a) the country lacks restrictions on their distribution and use; or (b) they are likely to be used by, or be accessible to, lay personnel, farmers, or others without training, equipment, and facilities to handle, store, and apply these products properly.

5 This assessment is made in the context of the project's environmental assessment and is recorded in the project documents. The project documents also include (in the text or in an annex) a list of pesticide products authorized for procurement under the project, or an indication of when and how this list will be developed and agreed on. This authorized list is included by reference in legal documents relating to the project, with provisions for adding or deleting materials.

6 Copies of the classification, which is updated annually, are available in the Sectoral Library. A draft Standard Bidding Document for Procurement of Pesticides is available from OPCPR.

7 The FAO's Guidelines for Packaging and Storage of Pesticides (Rome, 1985), Guidelines on Good Labeling Practice for Pesticides (Rome, 1985), and Guidelines for the Disposal of Waste Pesticide and Pesticide Containers on the Farm (Rome, 1985) are used as minimum standards.

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OP and BP 4.10 together replace OD 4.20, Indigenous Peoples, dated September 1991. These OP and BP apply to all projects for which a Project Concept Review takes place on or after July 1, 2005. Questions may be addressed to the Director, Social Development Department . Indigenous Peoples

1. This policy12contributes to the Bank's mission of poverty reduction and sustainable development by ensuring that the development process fully respects the dignity, human rights, economies, and cultures of Indigenous Peoples. For all projects that are proposed for Bank financing and affect Indigenous Peoples, 3 the Bank requires the borrower to engage in a process of free, prior, and informed consultation. 4 The Bank provides project financing only where free, prior, and informed consultation results in broad community support to the project by the affected Indigenous Peoples. 5 Such Bank- financed projects include measures to (a) avoid potentially adverse effects on the Indigenous Peoples’ communities; or (b) when avoidance is not feasible, minimize, mitigate, or compensate for such effects. Bank-financed projects are also designed to ensure that the Indigenous Peoples receive social and economic benefits that are culturally appropriate and gender and intergenerationally inclusive.

2. The Bank recognizes that the identities and cultures of Indigenous Peoples are inextricably linked to the lands on which they live and the natural resources on which they depend. These distinct circumstances expose Indigenous Peoples to different types of risks and levels of impacts from development projects, including loss of identity, culture, and customary livelihoods, as well as exposure to disease. Gender and intergenerational issues among Indigenous Peoples also are complex. As social groups with identities that are often distinct from dominant groups in their national societies, Indigenous Peoples are frequently among the most marginalized and vulnerable segments of the population. As a result, their economic, social, and legal status often limits their capacity to defend their interests in and rights to lands, territories, and other productive resources, and/or restricts their ability to participate in and benefit from development. At the same time, the Bank recognizes that Indigenous Peoples play a vital

1 This policy should be read together with other relevant Bank policies, including Environmental Assessment (OP 4.01), Natural Habitats (OP 4.04) , Pest Management (OP 4.09), Physical Cultural Resources (OP/BP 4.11), Involuntary Resettlement (OP 4.12), Forests (OP 4.36), and Safety of Dams (OP 4.37).

2 “Bank” includes IBRD and IDA; “loans” includes IBRD loans, IDA credits, IDA grants, IBRD and IDA guarantees, and Project Preparation Facility (PPF) advances, but does not include development policy loans, credits, or grants. For social aspects of development policy operations, see OP 8.60, Development Policy Lending, paragraph 10. The term “borrower” includes, wherever the context requires, the recipient of an IDA grant, the guarantor of an IBRD loan, and the project implementing agency, if it is different from the borrower.

3 This policy applies to all components of the project that affect Indigenous Peoples, regardless of the source of financing.

4 “Free, prior, and informed consultation with the affected Indigenous Peoples’ communities” refers to a culturally appropriate and collective decisionmaking process subsequent to meaningful and good faith consultation and informed participation regarding the preparation and implementation of the project. It does not constitute a veto right for individuals or groups (see paragraph 10).

5 For details on “broad community support to the project by the affected Indigenous Peoples,” see paragraph 11.

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role in sustainable development and that their rights are increasingly being addressed under both domestic and international law.

3. Identification. Because of the varied and changing contexts in which Indigenous Peoples live and because there is no universally accepted definition of “Indigenous Peoples,” this policy does not define the term. Indigenous Peoples may be referred to in different countries by such terms as "indigenous ethnic minorities," "aboriginals," "hill tribes," "minority nationalities," "scheduled tribes," or "tribal groups."

4. For purposes of this policy, the term “Indigenous Peoples” is used in a generic sense to refer to a distinct, vulnerable, social and cultural group 6 possessing the following characteristics in varying degrees:

a. self-identification as members of a distinct indigenous cultural group and recognition of this identity by others;

b. collective attachment to geographically distinct habitats or ancestral territories in the project area and to the natural resources in these habitats and territories 7

c. customary cultural, economic, social, or political institutions that are separate from those of the dominant society and culture; and

d. an indigenous language, often different from the official language of the country or region.

A group that has lost "collective attachment to geographically distinct habitats or ancestral territories in the project area"; (paragraph 4 (b)) because of forced severance remains eligible for coverage under this policy. 8 Ascertaining whether a particular group is considered as “Indigenous Peoples” for the purpose of this policy may require a technical judgment (see paragraph 8).

5. Use of Country Systems. The Bank may decide to use a country’s systems to address environmental and social safeguard issues in a Bank-financed project that affects Indigenous Peoples.

6 The policy does not set an a priori minimum numerical threshold since groups of Indigenous Peoples may be very small in number and their size may make them more vulnerable.

7 “Collective attachment” means that for generations there has been a physical presence in and economic ties to lands and territories traditionally owned, or customarily used or occupied, by the group concerned, including areas that hold special significance for it, such as sacred sites. “Collective attachment” also refers to the attachment of transhumant/nomadic groups to the territory they use on a seasonal or cyclical basis.

8 “Forced severance” refers to loss of collective attachment to geographically distinct habitats or ancestral territories occurring within the concerned group members’ lifetime because of conflict, government resettlement programs, dispossession from their lands, natural calamities, or incorporation of such territories into an urban area. For purposes of this policy, “urban area” normally means a city or a large town, and takes into account all of the following characteristics, no single one of which is definitive: (a) the legal designation of the area as urban under domestic law; (b) high population density; and (c) high proportion of nonagricultural economic activities relative to agricultural activities.

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This decision is made in accordance with the requirements of the applicable Bank policy on country systems. 9

Project Preparation

6. A project proposed for Bank financing that affects Indigenous Peoples requires:

a. screening by the Bank to identify whether Indigenous Peoples are present in, or have collective attachment to, the project area (see paragraph 8);

b. a social assessment by the borrower (see paragraph 9 and Annex A);

c. a process of free, prior, and informed consultation with the affected Indigenous Peoples’ communities at each stage of the project, and particularly during project preparation, to fully identify their views and ascertain their broad community support for the project (see paragraphs 10 and 11);

d. the preparation of an Indigenous Peoples Plan (see paragraph 12 and Annex B) or an Indigenous Peoples Planning Framework (see paragraph 13 and Annex C); and

e. disclosure of the draft Indigenous Peoples Plan or draft Indigenous Peoples Planning Framework (see paragraph 15).

7. The level of detail necessary to meet the requirements specified in paragraph 6 (b), (c), and (d) is proportional to the complexity of the proposed project and commensurate with the nature and scale of the proposed project’s potential effects on the Indigenous Peoples, whether adverse or positive.

Screening

8. Early in project preparation, the Bank undertakes a screening to determine whether Indigenous Peoples (see paragraph 4)are present in, or have collective attachment to, the project area. 10 In conducting this screening, the Bank seeks the technical judgment of qualified social scientists with expertise on the social and cultural groups in the project area. The Bank also consults the Indigenous Peoples concerned and the borrower. The Bank may follow the borrower’s framework for identification of Indigenous Peoples during project screening, when that framework is consistent with this policy.

Social Assessment

9. Analysis. If, based on the screening, the Bank concludes that Indigenous Peoples are present in, or have collective attachment to, the project area, the borrower undertakes a social assessment to evaluate

9 The currently applicable Bank policy is OP/BP 4.00, Piloting the Use of Borrower Systems to Address Environmental and Social Safeguard Issues in Bank-Supported Projects. Applicable only to pilot projects using borrower systems, the policy includes requirements that such systems be designed to meet the policy objectives and adhere to the operational principles related to Indigenous Peoples identified in OP 4.00 (see Table A1.E).

10 The screening may be carried out independently or as part of a project environmental assessment (see OP 4.01, Environmental Assessment, paragraphs 3, 8).

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the project’s potential positive and adverse effects on the Indigenous Peoples, and to examine project alternatives where adverse effects may be significant. The breadth, depth, and type of analysis in the social assessment are proportional to the nature and scale of the proposed project’s potential effects on the Indigenous Peoples, whether such effects are positive or adverse (see Annex A for details). To carry out the social assessment, the borrower engages social scientists whose qualifications, experience, and terms of reference are acceptable to the Bank.

10. Consultation and Participation. Where the project affects Indigenous Peoples, the borrower engages in free, prior, and informed consultation with them. To ensure such consultation, the borrower:

a. establishes an appropriate gender and intergenerationally inclusive framework that provides opportunities for consultation at each stage of project preparation and implementation among the borrower, the affected Indigenous Peoples’ communities, the Indigenous Peoples Organizations (IPOs) if any, and other local civil society organizations (CSOs) identified by the affected Indigenous Peoples' communities;

b. uses consultation methods 11 appropriate to the social and cultural values of the affected Indigenous Peoples’ communities and their local conditions and, in designing these methods, gives special attention to the concerns of Indigenous women, youth, and children and their access to development opportunities and benefits; and

c. provides the affected Indigenous Peoples’ communities with all relevant information about the project (including an assessment of potential adverse effects of the project on the affected Indigenous Peoples’ communities) in a culturally appropriate manner at each stage of project preparation and implementation.

11. In deciding whether to proceed with the project, the borrower ascertains, on the basis of the social assessment (see paragraph 9) and the free, prior, and informed consultation (see paragraph 10), whether the affected Indigenous Peoples’ communities provide their broad support to the project. Where there is such support, the borrower prepares a detailed report that documents:

a. the findings of the social assessment;

b. the process of free, prior, and informed consultation with the affected Indigenous Peoples' communities;

c. additional measures, including project design modification, that may be required to address adverse effects on the Indigenous Peoples and to provide them with culturally appropriate project benefits;

d. recommendations for free, prior, and informed consultation with and participation by Indigenous Peoples’ communities during project implementation, monitoring, and evaluation; and

11 Such consultation methods (including using indigenous languages, allowing time for consensus building, and selecting appropriate venues) facilitate the articulation by Indigenous Peoples of their views and preferences. The Indigenous Peoples Guidebook (forthcoming) will provide good practice guidance on this and other matters.

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e. any formal agreements reached with Indigenous Peoples’ communities and/or the IPOs.

The Bank reviews the process and the outcome of the consultation carried out by the borrower to satisfy itself that the affected Indigenous Peoples’ communities have provided their broad support to the project. The Bank pays particular attention to the social assessment and to the record and outcome of the free, prior, and informed consultation with the affected Indigenous Peoples’ communities as a basis for ascertaining whether there is such support. The Bank does not proceed further with project processing if it is unable to ascertain that such support exists.

Indigenous Peoples Plan/Planning Framework

12. Indigenous Peoples Plan. On the basis of the social assessment and in consultation with the affected Indigenous Peoples’ communities, the borrower prepares an Indigenous Peoples Plan (IPP) that sets out the measures through which the borrower will ensure that (a) Indigenous Peoples affected by the project receive culturally appropriate social and economic benefits; and (b) when potential adverse effects on Indigenous Peoples are identified, those adverse effects are avoided, minimized, mitigated, or compensated for (see Annex B for details). The IPP is prepared in a flexible and pragmatic manner,12 and its level of detail varies depending on the specific project and the nature of effects to be addressed. The borrower integrates the IPP into the project design. When Indigenous Peoples are the sole or the overwhelming majority of direct project beneficiaries, the elements of an IPP should be included in the overall project design, and a separate IPP is not required. In such cases, the Project Appraisal Document (PAD) includes a brief summary of how the project complies with the policy, in particular the IPP requirements.

13. Indigenous Peoples Planning Framework. Some projects involve the preparation and implementation of annual investment programs or multiple subprojects. 13 In such cases, and when the Bank’s screening indicates that Indigenous Peoples are likely to be present in, or have collective attachment to, the project area, but their presence or collective attachment cannot be determined until the programs or subprojects are identified, the borrower prepares an Indigenous Peoples Planning Framework (IPPF). The IPPF provides for the screening and review of these programs or subprojects in a manner consistent with this policy (see Annex C for details). The borrower integrates the IPPF into the project design.

14. Preparation of Program and Subproject IPPs. If the screening of an individual program or subproject identified in the IPPF indicates that Indigenous Peoples are present in, or have collective attachment to, the area of the program or subproject, the borrower ensures that, before the individual program or subproject is implemented, a social assessment is carried out and an IPP is prepared in

12 When non-Indigenous Peoples live in the same area with Indigenous Peoples, the IPP should attempt to avoid creating unnecessary inequities for other poor and marginal social groups.

13 Such projects include community-driven development projects, social funds, sector investment operations, and financial intermediary loans.

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accordance with the requirements of this policy. The borrower provides each IPP to the Bank for review before the respective program or subproject is considered eligible for Bank financing. 14

Disclosure

15. The borrower makes the social assessment report and draft IPP/IPPF available to the affected Indigenous Peoples’ communities in an appropriate form, manner, and language. 15 Before project appraisal, the borrower sends the social assessment and draft IPP/IPPF to the Bank for review. 16 Once the Bank accepts the documents as providing an adequate basis for project appraisal, the Bank makes them available to the public in accordance with The World Bank Policy on Disclosure of Information, and the borrower makes them available to the affected Indigenous Peoples’ communities in the same manner as the earlier draft documents.

Special Considerations

Lands and Related Natural Resources

16. Indigenous Peoples are closely tied to land, forests, water, wildlife, and other natural resources, and therefore special considerations apply if the project affects such ties. In this situation, when carrying out the social assessment and preparing the IPP/IPPF, the borrower pays particular attention to:

a. the customary rights 17 of the Indigenous Peoples, both individual and collective, pertaining to lands or territories that they traditionally owned, or customarily used or occupied, and where access to natural resources is vital to the sustainability of their cultures and livelihoods;

b. the need to protect such lands and resources against illegal intrusion or encroachment;

14 If the Bank considers the IPPF to be adequate for the purpose, however, the Bank may agree with the borrower that prior Bank review of the IPP is not needed. In such case, the Bank reviews the IPP and its implementation as part of supervision (see OP 13.05, Project Supervision)

15 The social assessment and IPP require wide dissemination among the affected Indigenous Peoples’ communities using culturally appropriate methods and locations. In the case of an IPPF, the document is disseminated using IPOs at the appropriate national, regional, or local levels to reach Indigenous Peoples who are likely to be affected by the project. Where IPOs do not exist, the document maybe disseminated using other CSOs as appropriate.

16 An exception to the requirement that the IPP (or IPPF) be prepared as a condition of appraisal may be made with the approval of Bank management for projects meeting the requirements of OP 8.00, Rapid Response to Crises and Emergencies. In such cases, management’s approval stipulates a timetable and budget for preparation of the social assessment and IPP or of the IPPF.

17 “Customary rights” to lands and resources refers to patterns of long-standing community land and resource usage in accordance with Indigenous Peoples’ customary laws, values, customs, and traditions, including seasonal or cyclical use, rather than formal legal title to land and resources issued by the State.

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c. the cultural and spiritual values that the Indigenous Peoples attribute to such lands and resources; and

d. Indigenous Peoples’ natural resources management practices and the long-term sustainability of such practices.

17. If the project involves (a) activities that are contingent on establishing legally recognized rights to lands and territories that Indigenous Peoples have traditionally owned or customarily used or occupied (such as land titling projects), or (b) the acquisition of such lands, the IPP sets forth an action plan for the legal recognition of such ownership, occupation, or usage. Normally, the action plan is carried out before project implementation; in some cases, however, the action plan may need to be carried out concurrently with the project itself. Such legal recognition may take the following forms:

a. full legal recognition of existing customary land tenure systems of Indigenous Peoples; or

b. conversion of customary usage rights to communal and/or individual ownership rights.

If neither option is possible under domestic law, the IPP includes measures for legal recognition of perpetual or long-term renewable custodial or use rights.

Commercial Development of Natural and Cultural Resources

18. If the project involves the commercial development of natural resources (such as minerals, hydrocarbon resources, forests, water, or hunting/fishing grounds) on lands or territories that Indigenous Peoples traditionally owned, or customarily used or occupied, the borrower ensures that as part of the free, prior, and informed consultation process the affected communities are informed of (a) their rights to such resources under statutory and customary law; (b) the scope and nature of the proposed commercial development and the parties interested or involved in such development; and (c) the potential effects of such development on the Indigenous Peoples’ livelihoods, environments, and use of such resources. The borrower includes in the IPP arrangements to enable the Indigenous Peoples to share equitably in the benefits 18 to be derived from such commercial development; at a minimum, the IPP arrangements must ensure that the Indigenous Peoples receive, in a culturally appropriate manner, benefits, compensation, and rights to due process at least equivalent to that to which any landowner with full legal title to the land would be entitled in the case of commercial development on their land.

19. If the project involves the commercial development of Indigenous Peoples’ cultural resources and knowledge (for example, pharmacological or artistic), the borrower ensures that as part of the free, prior, and informed consultation process, the affected communities are informed of (a) their rights to such resources under statutory and customary law; (b) the scope and nature of the proposed commercial development and the parties interested or involved in such development; and (c) the potential effects of such development on Indigenous Peoples’ livelihoods, environments, and use of such resources. Commercial development of the cultural resources and knowledge of these Indigenous Peoples is conditional upon their prior agreement to such development. The IPP reflects the nature and content of such agreements and includes arrangements to enable Indigenous Peoples to receive benefits in a

18 The Indigenous Peoples Guidebook (forthcoming) will provide good practice guidance on this matter.

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culturally appropriate way and share equitably in the benefits to be derived from such commercial development.

Physical Relocation of Indigenous Peoples

20. Because physical relocation of Indigenous Peoples is particularly complex and may have significant adverse impacts on their identity, culture, and customary livelihoods, the Bank requires the borrower to explore alternative project designs to avoid physical relocation of Indigenous Peoples. In exceptional circumstances, when it is not feasible to avoid relocation, the borrower will not carry out such relocation without obtaining broad support for it from the affected Indigenous Peoples’ communities as part of the free, prior, and informed consultation process. In such cases, the borrower prepares a resettlement plan in accordance with the requirements of OP 4.12, Involuntary Resettlement, that is compatible with the Indigenous Peoples’ cultural preferences, and includes a land-based resettlement strategy. As part of the resettlement plan, the borrower documents the results of the consultation process. Where possible, the resettlement plan should allow the affected Indigenous Peoples to return to the lands and territories they traditionally owned, or customarily used or occupied, if the reasons for their relocation cease to exist.

21. In many countries, the lands set aside as legally designated parks and protected areas may overlap with lands and territories that Indigenous Peoples traditionally owned, or customarily used or occupied. The Bank recognizes the significance of these rights of ownership, occupation, or usage, as well as the need for long-term sustainable management of critical ecosystems. Therefore, involuntary restrictions on Indigenous Peoples’ access to legally designated parks and protected areas, in particular access to their sacred sites, should be avoided. In exceptional circumstances, where it is not feasible to avoid restricting access, the borrower prepares, with the free, prior, and informed consultation of the affected Indigenous Peoples’ communities, a process framework in accordance with the provisions of OP 4.12. The process framework provides guidelines for preparation, during project implementation, of an individual parks and protected areas’ management plan, and ensures that the Indigenous Peoples participate in the design, implementation, monitoring, and evaluation of the management plan, and share equitably in the benefits of the parks and protected areas. The management plan should give priority to collaborative arrangements that enable the Indigenous, as the custodians of the resources, to continue to use them in an ecologically sustainable manner.

Indigenous Peoples and Development

22. In furtherance of the objectives of this policy, the Bank may, at a member country’s request, support the country in its development planning and poverty reduction strategies by providing financial assistance for a variety of initiatives designed to:

a. strengthen local legislation, as needed, to establish legal recognition of the customary or traditional land tenure systems of Indigenous Peoples;

b. make the development process more inclusive of Indigenous Peoples by incorporating their perspectives in the design of development programs and poverty reduction strategies, and providing them with opportunities to benefit more fully from development programs through policy and legal reforms, capacity building, and free, prior, and informed consultation and participation;

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c. support the development priorities of Indigenous Peoples through programs (such as community-driven development programs and locally managed social funds) developed by governments in cooperation with Indigenous Peoples;

d. addressthe gender 19 and intergenerational issues that exist among many Indigenous Peoples, including the special needs of indigenous women, youth, and children;

e. prepare participatory profiles of Indigenous Peoples to document their culture, demographic structure, gender and intergenerational relations and social organization, institutions, production systems, religious beliefs, and resource use patterns;

f. strengthen the capacity of Indigenous Peoples’ communities and IPOs to prepare, implement, monitor, and evaluate development programs;

g. strengthen the capacity of government agencies responsible for providing development services to Indigenous Peoples;

h. protectindigenous knowledge, including by strengthening intellectual property rights; and

i. facilitate partnerships among the government, IPOs, CSOs, and the private sector to promote Indigenous Peoples’ development programs.

19 See OP/BP 4.20, Gender and Development.

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Social Assessment

1. The breadth, depth, and type of analysis required for the social assessment are proportional to the nature and scale of the proposed project’s potential effects on the Indigenous Peoples.

2. The social assessment includes the following elements, as needed:

a. A review, on a scale appropriate to the project, of the legal and institutional framework applicable to Indigenous Peoples.

b. Gathering of baseline information on the demographic, social, cultural, and political characteristics of the affected Indigenous Peoples’ communities, the land and territories that they have traditionally owned or customarily used or occupied, and the natural resources on which they depend.

c. Taking the review and baseline information into account, the identification of key project stakeholders and the elaboration of a culturally appropriate process for consulting with the Indigenous Peoples at each stage of project preparation and implementation (see paragraph 9 of this policy).

d. An assessment, based on free, prior, and informed consultation, with the affected Indigenous Peoples’ communities, of the potential adverse and positive effects of the project. Critical to the determination of potential adverse impacts is an analysis of the relative vulnerability of, and risks to, the affected Indigenous Peoples’ communities given their distinct circumstances and close ties to land and natural resources, as well as their lack of access to opportunities relative to other social groups in the communities, regions, or national societies in which they live.

e. The identification and evaluation, based on free, prior, and informed consultation with the affected Indigenous Peoples’ communities, of measures necessary to avoid adverse effects, or if such measures are not feasible, the identification of measures to minimize, mitigate, or compensate for such effects, and to ensure that the Indigenous Peoples receive culturally appropriate benefits under the project.

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Indigenous Peoples Plan

1. The Indigenous Peoples Plan (IPP) is prepared in a flexible and pragmatic manner, and its level of detail varies depending on the specific project and the nature of effects to be addressed.

2. The IPP includes the following elements, as needed:

a. A summary of the information referred to in Annex A, paragraph 2 (a) and (b).

b. A summary of the social assessment.

c. A summary of results of the free, prior, and informed consultation with the affected Indigenous Peoples’ communities that was carried out during project preparation (Annex A) and that led to broad community support for the project.

d. A framework for ensuring free, prior, and informed consultation with the affected Indigenous Peoples’ communities during project implementation (see paragraph 10 of this policy).

e. An action plan of measures to ensure that the Indigenous Peoples receive social and economic benefits that are culturally appropriate, including, if necessary, measures to enhance the capacity of the project implementing agencies.

f. When potential adverse effects on Indigenous Peoples are identified, an appropriate action plan of measures to avoid, minimize, mitigate, or compensate for these adverse effects.

g. The cost estimates and financing plan for the IPP.

h. Accessible procedures appropriate to the project to address grievances by the affected Indigenous Peoples’ communities arising from project implementation. When designing the grievance procedures, the borrower takes into account the availability of judicial recourse and customary dispute settlement mechanisms among the Indigenous Peoples.

i. Mechanisms and benchmarks appropriate to the project for monitoring, evaluating, and reporting on the implementation of the IPP. The monitoring and evaluation mechanisms should include arrangements for the free, prior, and informed consultation with the affected Indigenous Peoples’ communities.

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Indigenous Peoples Planning Framework

1. The Indigenous Peoples Planning Framework (IPPF) sets out:

a. The types of programs and subprojects likely to be proposed for financing under the project.

b. The potential positive and adverse effects of such programs or subprojects on Indigenous Peoples.

c. A plan for carrying out the social assessment (see Annex A) for such programs or subprojects.

d. A framework for ensuring free, prior, and informed consultation with the affected Indigenous Peoples’ communities at each stage of project preparation and implementation (see paragraph 10 of this policy).

e. Institutional arrangements (including capacity building where necessary) for screening project-supported activities, evaluating their effects on Indigenous Peoples, preparing IPPs, and addressing any grievances.

f. Monitoring and reporting arrangements, including mechanisms and benchmarks appropriate to the project.

g. Disclosure arrangements for IPPs to be prepared under the IPPF.

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Note: OP and BP 4.10 together replace OD 4.20, Indigenous Peoples, dated September 1991. These OP and BP apply to all investment projects for which a Project Concept Review takes place on or after July 1, 2005. Questions may be addressed to the Director,Social Development Department (SDV). Indigenous Peoples

1. For all investment projects in which Indigenous Peoples are present in, or have collective attachment to, the project area, the Bank’s task team (TT) consults with the Regional unit responsible for safeguards and with the Legal Department (LEG) throughout the project cycle.1

2. Free, Prior, and Informed Consultation. When a project affects Indigenous Peoples, the TT assists the borrower in carrying out free, prior, and informed consultation with affected communities about the proposed project throughout the project cycle, taking into consideration the following:

a. “free, prior, and informed consultation” is consultation that occurs freely and voluntarily, without any external manipulation, interference, or coercion, for which the parties consulted have prior access to information on the intent and scope of the proposed project in a culturally appropriate manner, form, and language;

b. consultation approaches recognize existing Indigenous Peoples Organizations (IPOs), including councils of elders, headmen, and tribal leaders, and pay special attention to women, youth, and the elderly;

c. the consultation process starts early, since decision making among Indigenous Peoples may be an iterative process, and there is a need for adequate lead time to fully understand and incorporate concerns and recommendations of Indigenous Peoples into the project design; and

d. a record of the consultation process is maintained as part of the project files.

Project Identification

3. Screening. Early in the project cycle, the task team leader (TTL) initiates a process to determine whether Indigenous Peoples (see OP 4.10, paragraph 4) are present in, or have collective attachment to, the project area. In doing so, the TTL seeks technical advice from qualified social scientists with expertise on the social and cultural groups in the project area. If adequate information is not available, the TTL holds direct consultations with the Indigenous Peoples who would be affected by the proposed project.

4. Consultation with the Borrower. If the screening indicates that Indigenous Peoples are present in, or have collective attachment to, the project area, the TTL:

1 The Indigenous Peoples Guidebook (forthcoming) provides good practice advice to staff on application of the policy.

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a. informs the borrower that the Indigenous Peoples policy applies to the project and brings the provisions of OP/BP 4.10 to the borrower’s attention;

b. discusses with the borrower its policies and institutional and legal arrangements for Indigenous Peoples;

c. reaches agreement with the borrower on how the policy will be implemented under the project;2 and discusses any technical assistance to be provided to the borrower.

5. Documentation, Review, Clearance, and Disclosure. The TT summarizes in the Project Concept Note (PCN) and Project Information Document (PID) the results of the screening and the agreements reached with the borrower to comply with policy requirements, and notes in the Integrated Safeguards Data Sheet (ISDS) that OP 4.10 is triggered. The TTL seeks comments on and clearance of the PCN, PID, and ISDS from the Regional unit responsible for safeguards. Once the PID is cleared, the TTL sends it to the InfoShop.

Project Preparation

6. Social Assessment. Where screening reveals that Indigenous Peoples are present in, or have collective attachment to, the project area, the TTL asks the borrower to undertake a social assessment (SA) in accordance with the requirements of paragraph 9 and Annex A of OP 4.10 to evaluate the project’s potential positive and adverse effects on Indigenous Peoples and, where adverse effects may be significant, to examine project alternatives. The TT:

a. reviews the terms of reference for the SA, ensuring in particular that they provide for the affected Indigenous Peoples to participate in the SA through a process of free, prior, and informed consultation (see paragraph 2 of this BP); and(b)comments on the qualifications and experience of the social scientists who will carry out the SA.

7. Broad Community Support. When the borrower forwards to the Bank the documentation on the SA and the consultation process, the TT reviews it to verify that the borrower has gained the broad support from representatives of major sections of the community required under the policy. The TT proceeds with project processing once it confirms that such support exists. The Bank does not proceed further with project processing if it is unable to ascertain that such support exists.

8. Decision on Instruments. Taking into account the nature of the project and a review of the relevant Indigenous Peoples issues, the TTL agrees with the Regional unit responsible for safeguards on the type of Indigenous Peoples instrument (Indigenous Peoples Plan or Indigenous Peoples Planning Framework) and other instruments (Resettlement Action Plan, and/or process framework for national parks and protected areas) to be prepared by the borrower and on the scope and level of detail required. The TTL conveys this decision to the borrower, discusses with the borrower the actions necessary to prepare the instrument(s), and agrees on a timeline for preparation and delivery to the Bank.

2 If there is disagreement with the borrower on the application of the policy, the TTL seeks advice from the Regional unit responsible for safeguards and LEG for a final technical judgment.

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a. Indigenous Peoples Plan (IPP). The borrower prepares the IPP in accordance with the requirements of Annex B of OP 4.10 and integrates it into the design of the project. The IPP has a level of detail that is proportional to the complexity of the proposed project and commensurate with the nature and scale of the proposed project’s potential effects on Indigenous Peoples (see OP 4.10 , paragraph 7). If project activities are contingent on establishing legally recognized rights to lands or territories that Indigenous Peoples have traditionally owned, or customarily used or occupied, the IPP outlines the steps and timetable for achieving legal recognition of such ownership, occupation, or usage (see OP 4.10, paragraph 17). For projects involving the commercial development of natural resources on such lands or territories or of the cultural resources and knowledge of Indigenous Peoples, the IPP includes arrangements to enable the Indigenous Peoples to share equitably in the benefits to be derived and to receive these benefits in a culturally appropriate way (see OP 4.10 , paragraphs 18-19). Additionally, for projects involving commercial development of Indigenous Peoples’ cultural resources and knowledge, the IPP documents the agreement reached with the affected communities for such development. When Indigenous Peoples are the sole or the overwhelming majority of direct project beneficiaries, a separate IPP is not required and the borrower includes elements of an IPP in the overall project design. The TT prepares a brief summary of how the project complies with the policy, in particular the IPP requirements, as an annex to the Project Appraisal Document (PAD).

b. Resettlement Action Plan (RAP). If the borrower proposes the physical relocation of Indigenous Peoples, the TT ascertains specifically that (a) the borrower has explored alternative project designs to avoid physical relocation; andb) the borrower has obtained broad support from the affected communities as part of the free, prior, and informed consultation process, and has documented it. The borrower also prepares a RAP in accordance with the requirements of OP 4.12, Involuntary Resettlement, and of OP 4.10, paragraph 20.

c. Process Framework for Parks and Protected Areas.When the access of Indigenous Peoples to legally designated parks and protected areas is restricted, the borrower prepares a process framework with the free, prior, and informed consultation of the affected Indigenous Peoples’ communities, and in accordance with the provisions of OP 4.12, Involuntary Resettlement, and of OP 4.10, paragraphs 20 and 21.

d. Indigenous Peoples Planning Framework (IPPF). Forprojects that involve the preparation and implementation of annual investment programs or multiple subprojects, the borrower prepares an IPPF in accordance with the requirements of Annex C of OP 4.10 and integrates it into the project design.

e. Preparation of Program and Subproject IPPs.If the screening of an individual program or subproject identified in the IPPF indicates that Indigenous Peoples are present in, or have collective attachment to, the area of the program or subproject, the TT ensures that the borrower carries out an SA and prepares an IPP and other relevant instrument(s) in accordance with the requirements of OP 4.10. The borrower provides each relevant instrument to the Bank. The TTL forwards the instrument(s) to the Regional unit responsible for safeguards for review and clearance before the respective program or subproject is considered eligible for Bank financing. Where the Regional unit responsible for safeguards considers the IPPF as adequate for policy compliance, the TTL may agree with the borrower

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that the Bank’s prior review of IPPs or other instrument(s) for individual programs or subprojects will not be needed. However, the TT supervises the preparation of the SA (see paragraph 6 of this BP), and the formulation of any IPPs and other instrument(s) and their implementation by the borrower (see OP 4.10, paragraph 14 and footnote 15).

9. Instrument Review and Disclosure.When the borrower submits the draft instrument(s) to the Bank, the TT reviews each instrument to ensure that it complies with the policy set out in OP 4.10; has been made available to the affected Indigenous Peoples’ communities at an accessible place and in a culturally appropriate form, manner, and language; has been appropriately reflected in the project design; and can serve as the basis for project appraisal. The TT forwards the draft instrument(s) to the Regional safeguards unit for comments and clearance. Once the documents are cleared, the TT makes them available to the public in accordance with The World Bank Policy on Disclosure of Information.

Project Appraisal

10. The TTL ensures that appraisal includes appropriate social science expertise to assess the feasibility and sustainability of specific measures reflected in the relevant Indigenous Peoples and other instrument(s) and appropriate legal expertise to assess the country’s legal and policy framework related to the project. The TT reflects the provisions related to Indigenous Peoples in the PAD and attaches the relevant instrument(s) to the PAD as an annex. When Indigenous Peoples are the sole or the overwhelming majority of direct project beneficiaries, the annex to the PAD includes a summary of how the project complies with the policy. In addition, when the borrower proposes the physical relocation of Indigenous Peoples or restrictions of their access to resources, the RAP or process framework is included as an annex to the PAD. The TTL seeks comments on and clearance of the PAD package (which includes the IPP, IPPF, or summary, together with any RAP or process framework, if applicable) from both the Regional unit responsible for safeguards and LEG.

Negotiations and Disclosure

11. Prior to negotiations, the TT confirms that the responsible authority of the borrower has provided final approval of the relevant IPP, IPPF and other instrument(s). The Loan Agreement provides for the borrower’s obligation to implement the relevant instrument(s). After the borrower and the Bank agree to the final instrument(s) and the project has been approved, the Bank makes the PAD and the final instrument(s) available to the public in accordance with the Bank's policy on disclosure. The borrower makes the documents available to the affected Indigenous Peoples’ communities at a locally accessible place and in a culturally appropriate form, manner, and language, in the same manner as for the draft instruments (see paragraph 9 above).

Supervision

12. The Regional vice president, in coordination with the relevant country director, ensures the availability of resources for effective supervision of projects affecting Indigenous Peoples. Throughout project implementation, the TTL ensures that Bank supervision includes appropriate social science and legal expertise to carry out the provisions of the Loan Agreement. The TT also ascertains whether the relevant legal covenants related to the Indigenous Peoples and other instrument(s) are being implemented.

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When the instruments are not being implemented as planned, the Bank calls this to the attention of the borrower and agrees with the borrower on corrective measures (see OP/BP 13.05, Project Supervision).

Implementation Completion Report

13. Upon completion of the project, the Implementation Completion Report (see OP 13.55, Implementation Completion Reporting) evaluates project compliance with OP 4.10 and assesses:

a. the degree of Indigenous Peoples’ participation in the project cycle;

b. the impact of the project, both positive and adverse, on the affected Indigenous Peoples;

c. the achievement of the objectives of the relevant instrument(s), as relevant; and

d. lessons for future operations involving Indigenous Peoples.

If the objectives of the relevant instrument(s) have not been realized, the Implementation Completion Report may propose a future course of action, including, as appropriate, continued post-project supervision by the Bank.

Country Assistance Strategy and Policy Dialogue

14. In countries with a series of operations affecting Indigenous Peoples, the ongoing country and sector dialogue with the government includes any issues pertaining to the country’s policy, institutional, and legal framework for Indigenous Peoples, including the groups to whom this policy applies. Outcomes of this dialogue are reflected in the Country Assistance Strategy.

These procedures were prepared for use by World Bank staff and are not necessarily a complete treatment of the subject. Additional copies are available for Bank staff in the Institutional Information Services Center, and to the public through the Public Information Center. THE WORLD BANK OPERATIONS MANUAL OP 4.11 July, 2006 Operational Policies Page 1 of 1

Note: OP and BP 4.11 are based on Revised Draft Operational Policy/Bank Procedure 4.11: Physical Cultural Resources - Issues and Proposals (R2006-0049), approved by Executive Directors on April 17, 2006. OP and BP together replace OPN 11.03, Management of Cultural Property in Bank-Financed Projects, dated September 1986. OP and BP 4.11 apply to all investment projects for which a Project Concept Review takes place on or after April 15, 2006. OP and BP 4.11 should be read in conjunction with OP and BP 4.01, Environmental Assessment. Questions may be addressed to the Senior Adviser, Quality Assurance and Compliance Unit. Physical Cultural Resources

Introduction

1. This policy addresses physical cultural resources,1 which are defined as movable or immovable objects, sites, structures, groups of structures, and natural features and landscapes that have archaeological, paleontological, historical, architectural, religious, aesthetic, or other cultural significance. Physical cultural resources may be located in urban or rural settings, and may be above or below ground, or under water. Their cultural interest may be at the local, provincial or national level, or within the international community.

2. Physical cultural resources are important as sources of valuable scientific and historical information, as assets for economic and social development, and as integral parts of a people’s cultural identity and practices.

Objective

3. The Bank 2 assists countries to avoid or mitigate adverse impacts on physical cultural resources from development projects 3 that it finances. The impacts on physical cultural resources resulting from project activities, including mitigating measures, may not contravene either the borrower’s national legislation, or its obligations under relevant international environmental treaties and agreements. 4

Physical Cultural Resources within Environmental Assessment

4. The borrower addresses impacts on physical cultural resources in projects proposed for Bank financing, as an integral part of the environmental assessment (EA) process. The steps elaborated below

1 Also known as ‘cultural heritage’, ‘cultural patrimony’, ‘cultural assets’ or ‘cultural property’.

2 “Bank” is as defined in OP/BP 4.01, Environmental Assessment.

3 The project is described in Schedule 2 to the Financing Agreement. This policy applies to all components of the project, regardless of the source of financing.

4 This includes the Convention concerning the Protection of the World Cultural and Natural Heritage, 1972 (UNESCO World Heritage Convention).

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follow the EA sequence of: screening; developing terms of reference (TORs); collecting baseline data; impact assessment; and formulating mitigating measures and a management plan. 5

5. The following projects are classified during the environmental screening process as Category A or B, and are subject to the provisions of this policy: (a) any project involving significant excavations, demolition, movement of earth, flooding, or other environmental changes; and (b) any project located in, or in the vicinity of, a physical cultural resources site recognized by the borrower. Projects specifically designed to support the management or conservation of physical cultural resources are individually reviewed, and are normally classified as Category A or B. 6

6. To develop the TORs for the EA, the borrower, in consultation with the Bank, relevant experts, and relevant project-affected groups, identifies the likely physical cultural resources issues, if any, to be taken into account by the EA. The TORs normally specify that physical cultural resources be included in the baseline data collection phase of the EA.

7. The borrower identifies physical cultural resources likely to be affected by the project and assesses the project’s potential impacts on these resources as an integral part of the EA process, in accordance with the Bank’s EA requirements. 7

8. When the project is likely to have adverse impacts on physical cultural resources, the borrower identifies appropriate measures for avoiding or mitigating these impacts as part of the EA process. These measures may range from full site protection to selective mitigation, including salvage and documentation, in cases where a portion or all of the physical cultural resources may be lost.

9. As an integral part of the EA process, the borrower develops a physical cultural resources management plan 8 that includes measures for avoiding or mitigating any adverse impacts on physical cultural resources, provisions for managing chance finds, 9 any necessary measures for strengthening institutional capacity, and a monitoring system to track the progress of these activities. The physical cultural resources management plan is consistent with the country’s overall policy framework and national legislation and takes into account institutional capabilities with regard to physical cultural resources.

10. The Bank reviews, and discusses with the borrower, the findings and recommendations related to the physical cultural resources aspects of the EA, and determines whether they provide an adequate basis for processing the project for Bank financing. 10

5 See OP 4.01, Environmental Assessment.

6 For definitions of project categories A and B, see OP 4.01, Environmental Assessment, paragraph 8.

7 See OP 4.01, Environmental Assessment.

8 If there is an Environmental Management Plan, it incorporates the physical cultural resources management plan. See OP 4.01, Environmental Assessment, Annex C.

9 For the purposes of this policy, ‘chance finds’ are defined as physical cultural resources encountered unexpectedly during project implementation.

10 See OP 4.01, Environmental Assessment, paragraph 5.

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Consultation

11. As part of the public consultations required in the EA process, the consultative process for the physical cultural resources component normally includes relevant project-affected groups, concerned government authorities, and relevant nongovernmental organizations in documenting the presence and significance of physical cultural resources, assessing potential impacts, and exploring avoidance and mitigation options.

Disclosure

12. The findings of the physical cultural resources component of the EA are disclosed as part of, and in the same manner as, the EA report.11 Exceptions to such disclosure would be considered when the borrower, in consultation with the Bank and persons with relevant expertise, determines that disclosure would compromise or jeopardize the safety or integrity of the physical cultural resources involved or would endanger the source of information about the physical cultural resources. In such cases, sensitive information relating to these particular aspects may be omitted from the EA report.

Emergency Operations under OP/BP 8.00

13. This policy normally applies to emergency operations processed under OP/BP 8.00, Rapid Response to Crises and Emergencies. OP/BP 4.01, Environmental Assessment, sets out the application of EA to such projects.12 When compliance with any requirement of OP 4.11, Physical Cultural Resources would prevent the effective and timely achievement of the objectives of an emergency operation, the Bank may exempt the project from such a requirement, recording the justification for the exemption in the loan documents. However, the Bank requires that any necessary corrective measures be built into either the emergency operation or a future lending operation.

Specific Investment Loans and Financial Intermediary Loans

14. The physical cultural resources aspects of subprojects financed under Bank projects are addressed in accordance with the Bank's EA requirements. 13

11 See The World Bank Policy on Disclosure of Information, 2002.

12 See OP 4.01, Environmental Assessment, paragraph 12.

13 As set out in paragraphs 9, 10, and 11 of OP 4.01, Environmental Assessment. The relevant requirements in these paragraphs apply also to physical cultural resources aspects of other projects which are similarly designed to finance multiple sub-projects that are identified and appraised during the course of project implementation (e.g., social investment funds (SIFs) and community-driven development projects (CDDs)).

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Country Systems

15. The Bank may decide to use a country’s systems to address environmental and social safeguards issues in a Bank-financed project that affects physical cultural resources. This decision is made in accordance with the requirements of the applicable Bank policy on country systems. 14

Capacity Building

16. When the borrower’s capacity is inadequate to manage physical cultural resources that may be affected by a Bank-financed project, the project may include components to strengthen that capacity.15

17. Given that the borrower’s responsibility for physical cultural resources management extends beyond individual projects, the Bank may consider broader capacity building activities as part of its overall country assistance program.

14 OP/BP 4.00, Piloting the Use of Borrower Systems to Address Environmental and Social Safeguards Issues in Bank-Supported Projects, which is applicable only to pilot projects using borrower systems, includes requirements that such systems be designed to meet the policy objectives and adhere to the operational principles related to physical cultural resources identified in OP 4.11, Physical Cultural Resources.

15 See OP 4.01, Environmental Assessment, paragraph 13.

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OP and BP 4.11 are based on Revised Draft Operational Policy/Bank Procedure 4.11: Physical Cultural Resources - Issues and Proposals (R2006-0049), approved by Executive Directors on April 17, 2006. OP and BP together replace OPN 11.03, Management of Cultural Property in Bank-Financed Projects, dated September 1986. OP and BP 4.11 apply to all investment projects for which a Project Concept Review takes place on or after April 15, 2006. OP and BP 4.11 should be read in conjunction with OP and BP 4.01, Environmental Assessment. Questions may be addressed to the Senior Adviser, Quality Assurance and Compliance Unit. Physical Cultural Resources

Introduction

1. Physical cultural resources may not be known or visible; therefore, it is important that a project’s potential impacts on physical cultural resources be considered at the earliest possible stage of the project planning cycle.

Physical Cultural Resources within Environmental Assessment

2. The task team (TT) advises the borrower on the provisions of OP 4.11 and their application as an integral part of the Bank’s environmental assessment (EA) process as set out in OP/BP 4.01, Environmental Assessment. The steps elaborated below follow the project cycle processes of screening, developing terms of reference (TORs) for the EA, preparing and reviewing the EA report, and project appraisal, supervision and evaluation.Environmental Screening

3. As part of the environmental screening process, the TT determines whether the project (a) will involve significant excavations, demolition, movement of earth, flooding or other environmental changes; or (b) will be located in, or in the vicinity of, a physical cultural resources site recognized by competent authorities of the borrower; or (c) is designed to support management of physical cultural resources. If the project has any of the characteristics set out in (a) or (b), it is assigned to either Category A or B, in accordance with OP 4.01, Environmental Assessment. If the project has the characteristic set out in (c), it is normally assigned to either Category A or B. The procedures set out below are followed for all projects so categorized.1

4. The TT requests that the borrower inform the Bank of the relevant requirements of its legislation and of its procedures for identifying and mitigating potential impacts on physical cultural resources, including provisions for monitoring such impacts, and for managing chance finds.2Terms of Reference for the EA

5. The TT advises and assists the borrower, as necessary, in drafting the TORs for the physical cultural resources component of the EA. In preparing the TORs, the borrower identifies the likely major physical cultural resources issues, if any, to be taken into account in the EA. This identification of the

1 For definitions of project categories A and B, see OP 4.01, Environmental Assessment, paragraph 8.

2 For the purposes of this policy, chance finds are defined as physical cultural resources encountered unexpectedly during project implementation.

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possible presence of physical cultural resources is normally conducted on-site, in consultation with relevant experts and relevant project-affected groups.

6. The TORs propose spatial and temporal boundaries for the on-site collection of baseline data on physical cultural resources potentially affected by the project, and specify the types of expertise required for the physical cultural resources component of the EA.

Consultation

7. Since many physical cultural resources are not documented, or protected by law, consultation is an important means of identifying such resources, documenting their presence and significance, assessing potential impacts, and exploring mitigation options. Therefore, the TT reviews the mechanisms established by the borrower for consultation on the physical cultural resources aspects of the EA, in order to ensure that the consultations include meetings with project-affected groups, concerned government authorities and relevant non-governmental organizations.

Baseline and Impact Assessment

8. The TT ensures that the physical cultural resources component of the EA includes (a) an investigation and inventory of physical cultural resources likely to be affected by the project; (b) documentation of the significance of such physical cultural resources; and (c) assessment of the nature and extent of potential impacts on these resources.

Mitigating Measures

9. When the project may have adverse impacts on physical cultural resources, the EA includes appropriate measures for avoiding or mitigating these impacts.

Capacity Assessment

10. The EA assesses the borrower’s capacity for implementing the proposed mitigating measures and for managing chance finds, and where appropriate, recommends capacity building measures.

Management Plan

11. The EA involves the preparation of a physical cultural resources management plan3 that includes (a) measures to avoid or mitigate any adverse impacts on physical cultural resources; (b) provisions for managing chance finds4; (c) any necessary measures for strengthening institutional capacity for the management of physical cultural resources; and (d) a monitoring system to track the progress of these activities.

3 If there is an Environmental Management Plan, it incorporates the physical cultural resources management plan. See OP 4.01, Environmental Assessment, Annex C.

4 If a chance find occurs for a project that does not require an EA report, the borrower will prepare a timely chance find management plan, satisfactory to the Bank.

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Review

12. When reviewing the findings and recommendations of the EA, the TT discusses with the borrower the physical cultural resources components of the EA, including the physical cultural resources management plan, and determines whether these components provide an adequate basis for processing the project for Bank financing.

Disclosure

13. The TT consults with the borrower and persons with relevant expertise on whether disclosure of the findings of the physical cultural resources component of the EA would jeopardize the safety or integrity of any of the physical cultural resources involved. In addition, the TT consults the borrower to determine whether disclosure could endanger the source of information regarding the physical cultural resources. In such cases, sensitive information relating to these particular aspects, such as the precise location or value of a physical cultural resource, may be omitted from the EA report.5

Project Appraisal

14. As appropriate, the appraisal team includes relevant physical cultural resources expertise.

15. During appraisal, the TT ensures that the findings and recommendations of the physical cultural resources components of the EA, including the physical cultural resources management plan, are adequately reflected in project design, and are recorded in the Project Appraisal Document (PAD).

16. The TT ensures that the estimated cost of implementing the physical cultural resources management plan is included in the project budget.

Supervision and Evaluation6

17. For projects in which the physical cultural resources management plan incorporates provisions for safeguarding physical cultural resources, supervision missions include relevant expertise to review the implementation of such provisions.

18. During project supervision, the TT monitors the implementation of the physical cultural resources management plan, including provisions for the treatment of chance finds. The TT also ensures that chance finds procedures are included in procurement documents, as appropriate. The TT monitors the treatment of any chance finds and any other impacts on physical cultural resources that may occur during project implementation, and records relevant findings in the Implementation Status and Results Reports (ISRs).

19. Implementation Completion Reports (ICRs) assess the overall effectiveness of the project’s physical cultural resources mitigation, management, and capacity building activities, as appropriate.7

5 See The World Bank Policy on the Disclosure of Information, 2002.

6 See OP/BP 13.05, Project Supervision.

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Capacity Building

20. The TT reviews the need, if any, for enhancement of the borrower’s capacity to implement this policy, particularly in respect of information on physical cultural resources, on-site training, institutional strengthening, inter-institutional collaboration, and rapid-response capacity for handling chance finds. The TT then considers the need for such capacity enhancement, including project components to strengthen capacity.8 When the needs extend beyond the scope of the project, the TT draws the attention of the relevant Country Director to the possibility of including such capacity building within the overall country assistance program.

7 See OP/BP 13.55, Implementation Completion Reporting.

8 See OP 4.01, Environmental Assessment, paragraph 13.

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This Operational Policy statement was updated in March 2007 consequent to the issuance of OP/BP 8.00, Rapid Response to Crises and Emergencies. Previously revised in April 2004 to ensure consistency with the requirements of OP/BP 6.00, Bank Financing, issued in April 2004 which changes may be viewed here . Note: OP and BP 4.12 together replace OD 4.30, Involuntary Resettlement. These OP and BP apply to all projects for which a Project Concept Review takes place on or after January 1, 2002. Questions may be addressed to the Director, Social Development Department (SDV). Involuntary Resettlement

1. Bank1 experience indicates that involuntary resettlement under development projects, if unmitigated, often gives rise to severe economic, social, and environmental risks: production systems are dismantled; people face impoverishment when their productive assets or income sources are lost; people are relocated to environments where their productive skills may be less applicable and the competition for resources greater; community institutions and social networks are weakened; kin groups are dispersed; and cultural identity, traditional authority, and the potential for mutual help are diminished or lost. This policy includes safeguards to address and mitigate these impoverishment risks.

Policy Objectives

2. Involuntary resettlement may cause severe long-term hardship, impoverishment, and environmental damage unless appropriate measures are carefully planned and carried out. For these reasons, the overall objectives of the Bank's policy on involuntary resettlement are the following:

a. Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs.2

b. Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Displaced persons3 should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs.

1 "Bank" includes IBRD and IDA; "loans" includes IDA credits and IDA grants, guarantees, Project Preparation Facility (PPF) advances and grants; and "projects" includes projects under (a) adaptable program lending; (b) learning and innovation loans; (c) PPFs and Institutional Development Funds (IDFs), if they include investment activities; (d) grants under the Global Environment Facility and Montreal Protocol, for which the Bank is the implementing/executing agency; and (e) grants or loans provided by other donors that are administered by the Bank. The term "project" does not include programs under development policy lending operations. "Borrower" also includes, wherever the context requires, the guarantor or the project implementing agency.

2 In devising approaches to resettlement in Bank-assisted projects, other Bank policies should be taken into account, as relevant. These policies include OP 4.01, Environmental Assessment,OP 4.04, Natural Habitats, OP 4.10 , Indigenous Peoples, and OP 4.11, Physical Cultural Resources.

3 The term "displaced persons" refers to persons who are affected in any of the ways described in para. 3 of this OP.

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c. Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to he beginning of project implementation, whichever is higher.4

Impacts Covered

3. This policy covers direct economic and social impacts5 that both result from Bank-assisted investment projects,6 and are caused by

a. the involuntary7 taking of land8 resulting in

i. relocation or loss of shelter;

ii. lost of assets or access to assets; or

iii. loss of income sources or means of livelihood, whether or not the affected persons must move to another location; or

4 Displaced persons under para. 3(b) should be assisted in their efforts to improve or restore their livelihoods in a manner that maintains the sustainability of the parks and protected areas.

5 Where there are adverse indirect social or economic impacts, it is good practice for the borrower to undertake a social assessment and implement measures to minimize and mitigate adverse economic and social impacts, particularly upon poor and vulnerable groups. Other environmental, social, and economic impacts that do not result from land taking may be identified and addressed through environmental assessments and other project reports and instruments.

6 This policy does not apply to restrictions of access to natural resources under community-based projects, i.e. where the community using the resources decides to restrict access to these resources, provided that an assessment satisfactory to the Bank establishes that the community decision-making process is adequate, and that it provides for identification of appropriate measures to mitigate adverse impacts, if any, on the vulnerable members of the community. This policy also does not cover refugees from natural disasters, war, or civil strife (see OP/BP 8.00, Rapid Response to Crises and Emergencies).

7 For the purposes of this policy, "involuntary" means actions that may be taken without the displaced person's informed consent or power of choice.

8 "Land" includes anything growing on or permanently affixed to land, such as buildings and crops. This policy does not apply to regulations of natural resources on a national or regional level to promote their sustainability, such as watershed management, groundwater management, fisheries management, etc. The policy also does not apply to disputes between private parties in land titling projects, although it is good practice for the borrower to undertake a social assessment and implement measures to minimize and mitigate adverse social impacts, especially those affecting poor and vulnerable groups.

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b. the involuntary restriction of access9 to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons.

4. This policy applies to all components of the project that result in involuntary resettlement, regardless of the source of financing. It also applies to other activities resulting in involuntary resettlement, that in the judgment of the Bank, are

a. directly and significantly related to the Bank-assisted project,

b. necessary to achieve its objectives as set forth in the project documents; and

c. carried out, or planned to be carried out, contemporaneously with the project.

5. Requests for guidance on the application and scope of this policy should be addressed to the Resettlement Committee (see BP 4.12, para. 7).10

Required Measures

6. To address the impacts covered under para. 3 (a) of this policy, the borrower prepares a resettlement plan or a resettlement policy framework (see paras. 25-30) that covers the following:

a. The resettlement plan or resettlement policy framework includes measures to ensure that the displaced persons are

i. informed about their options and rights pertaining to resettlement;

ii. consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives; and

9 For the purposes of this policy, involuntary restriction of access covers restrictions on the use of resources imposed on people living outside the park or protected area, or on those who continue living inside the park or protected area during and after project implementation. In cases where new parks and protected areas are created as part of the project, persons who lose shelter, land, or other assets are covered under para. 3(a). Persons who lose shelter in existing parks and protected areas are also covered under para. 3(a).

10 The Involuntary Resettlement Sourcebook provides good practice guidance to staff on the policy.

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iii. provided prompt and effective compensation at full replacement cost11 for losses of assets12 attributable directly to the project.

b. If the impacts include physical relocation, the resettlement plan or resettlement policy framework includes measures to ensure that the displaced persons are

i. provided assistance (such as moving allowances) during relocation; and

ii. provided with residential housing, or housing sites, or, as required, agricultural sites for which a combination of productive potential, locational advantages, and other factors is at least equivalent to the advantages of the old site.13

c. Where necessary to achieve the objectives of the policy, the resettlement plan or resettlement policy framework also include measures to ensure that displaced persons are

i. offered support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living;14 and

ii. provided with development assistance in addition to compensation measures described in paragraph 6(a);

iii. such as land preparation, credit facilities, training, or job opportunities.

7. In projects involving involuntary restriction of access to legally designated parks and protected areas (see para. 3(b)), the nature of restrictions, as well as the type of measures necessary to mitigate adverse impacts, is determined with the participation of the displaced persons during the design and implementation of the project. In such cases, the borrower prepares a process framework acceptable to the Bank, describing the participatory process by which

11 "Replacement cost" is the method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs. In applying this method of valuation, depreciation of structures and assets should not be taken into account (for a detailed definition of replacement cost, see Annex A, footnote 1). For losses that cannot easily be valued or compensated for in monetary terms (e.g., access to public services, customers, and suppliers; or to fishing, grazing, or forest areas), attempts are made to establish access to equivalent and culturally acceptable resources and earning opportunities. Where domestic law does not meet the standard of compensation at full replacement cost, compensation under domestic law is supplemented by additional measures necessary to meet the replacement cost standard. Such additional assistance is distinct from resettlement assistance to be provided under other clauses of para. 6.

12 If the residual of the asset being taken is not economically viable, compensation and other resettlement assistance are provided as if the entire asset had been taken.

13 The alternative assets are provided with adequate tenure arrangements. The cost of alternative residential housing, housing sites, business premises, and agricultural sites to be provided can be set off against all or part of the compensation payable for the corresponding asset lost.

14 Such support could take the form of short-term jobs, subsistence support, salary maintenance or similar arrangements

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a. specific components of the project will be prepared and implemented;

b. the criteria for eligibility of displaced persons will be determined;

c. measures to assist the displaced persons in their efforts to improve their livelihoods, or at least to restore them, in real terms, while maintaining the sustainability of the park or protected area, will be identified; and

d. potential conflicts involving displaced persons will be resolved.

The process framework also includes a description of the arrangements for implementing and monitoring the process.

8. To achieve the objectives of this policy, particular attention is paid to the needs of vulnerable groups among those displaced, especially those below the poverty line, the landless, the elderly, women and children, indigenous peoples,15 ethnic minorities, or other displaced persons who may not be protected through national land compensation legislation.

9. Bank experience has shown that resettlement of indigenous peoples with traditional land-based modes of production is particularly complex and may have significant adverse impacts on their identity and cultural survival. For this reason, the Bank satisfies itself that the borrower has explored all viable alternative project designs to avoid physical displacement of these groups. When it is not feasible to avoid such displacement, preference is given to land-based resettlement strategies for these groups (see para. 11) that are compatible with their cultural preferences and are prepared in consultation with them (see Annex A, para. 11).

10. The implementation of resettlement activities is linked to the implementation of the investment component of the project to ensure that displacement or restriction of access does not occur before necessary measures for resettlement are in place. For impacts covered in para. 3(a) of this policy, these measures include provision of compensation and of other assistance required for relocation, prior to displacement, and preparation and provision of resettlement sites with adequate facilities, where required. In particular, taking of land and related assets may take place only after compensation has been paid and, where applicable, resettlement sites and moving allowances have been provided to the displaced persons. For impacts covered in para. 3(b) of this policy, the measures to assist the displaced persons are implemented in accordance with the plan of action as part of the project (see para. 30).

11. Preference should be given to land-based resettlement strategies for displaced persons whose livelihoods are land-based. These strategies may include resettlement on public land (see footnote 1 above), or on private land acquired or purchased for resettlement. Whenever replacement land is offered, resettlers are provided with land for which a combination of productive potential, locational advantages, and other factors is at least equivalent to the advantages of the land taken. If land is not the preferred option of the displaced persons, the provision of land would adversely affect the sustainability of a park or protected area,16 or sufficient land is not available at a reasonable price, non-land-based options built around opportunities for employment or self-employment should be provided in addition to cash

15 See OP 4.10 , Indigenous Peoples.

16 See OP 4.04 , Natural Habitats.

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compensation for land and other assets lost. The lack of adequate land must be demonstrated and documented to the satisfaction of the Bank.

12. Payment of cash compensation for lost assets may be appropriate where (a) livelihoods are land- based but the land taken for the project is a small fraction17 of the affected asset and the residual is economically viable; (b) active markets for land, housing, and labor exist, displaced persons use such markets, and there is sufficient supply of land and housing; or (c) livelihoods are not land-based. Cash compensation levels should be sufficient to replace the lost land and other assets at full replacement cost in local markets.

13. For impacts covered under para. 3(a) of this policy, the Bank also requires the following:

a. Displaced persons and their communities, and any host communities receiving them, are provided timely and relevant information, consulted on resettlement options, and offered opportunities to participate in planning, implementing, and monitoring resettlement. Appropriate and accessible grievance mechanisms are established for these groups.

b. In new resettlement sites or host communities, infrastructure and public services are provided as necessary to improve, restore, or maintain accessibility and levels of service for the displaced persons and host communities. Alternative or similar resources are provided to compensate for the loss of access to community resources (such as fishing areas, grazing areas, fuel, or fodder).

c. Patterns of community organization appropriate to the new circumstances are based on choices made by the displaced persons. To the extent possible, the existing social and cultural institutions of resettlers and any host communities are preserved and resettlers' preferences with respect to relocating in preexisting communities and groups are honored.

Eligibility for Benefits18

14. Upon identification of the need for involuntary resettlement in a project, the borrower carries out a census to identify the persons who will be affected by the project (see the Annex A, para. 6(a)), to determine who will be eligible for assistance, and to discourage inflow of people ineligible for assistance. The borrower also develops a procedure, satisfactory to the Bank, for establishing the criteria by which displaced persons will be deemed eligible for compensation and other resettlement assistance. The procedure includes provisions for meaningful consultations with affected persons and communities, local authorities, and, as appropriate, nongovernmental organizations (NGOs), and it specifies grievance mechanisms.

15. Criteria for Eligibility. Displaced persons may be classified in one of the following three groups:

17 As a general principle, this applies if the land taken constitutes less than 20% of the total productive area.

18 Paras. 13-15 do not apply to impacts covered under para. 3(b) of this policy. The eligibility criteria for displaced persons under 3 (b) are covered under the process framework (see paras. 7 and 30).

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a. those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the country);

b. those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets--provided that such claims are recognized under the laws of the country or become recognized through a process identified in the resettlement plan (see Annex A, para. 7(f)); and19

c. those who have no recognizable legal right or claim to the land they are occupying.

16. Persons covered under para. 15(a) and (b) are provided compensation for the land they lose, and other assistance in accordance with para. 6. Persons covered under para. 15(c) are provided resettlement assistance20 in lieu of compensation for the land they occupy, and other assistance, as necessary, to achieve the objectives set out in this policy, if they occupy the project area prior to a cut-off date established by the borrower and acceptable to the Bank.21 Persons who encroach on the area after the cut- off date are not entitled to compensation or any other form of resettlement assistance. All persons included in para. 15(a), (b), or (c) are provided compensation for loss of assets other than land.

Resettlement Planning, Implementation, and Monitoring

17. To achieve the objectives of this policy, different planning instruments are used, depending on the type of project:

a. a resettlement plan or abbreviated resettlement plan is required for all operations that entail involuntary resettlement unless otherwise specified (see para. 25 and Annex A);

b. a resettlement policy framework is required for operations referred to in paras. 26-30 that may entail involuntary resettlement, unless otherwise specified (see Annex A; and

c. a process framework is prepared for projects involving restriction of access in accordance with para. 3(b) (see para. 31).

18. The borrower is responsible for preparing, implementing, and monitoring a resettlement plan, a resettlement policy framework, or a process framework (the "resettlement instruments"), as appropriate, that conform to this policy. The resettlement instrument presents a strategy for achieving the objectives of the policy and covers all aspects of the proposed resettlement. Borrower commitment to, and capacity for, undertaking successful resettlement is a key determinant of Bank involvement in a project.

19 Such claims could be derived from adverse possession, from continued possession of public lands without government action for eviction (that is, with the implicit leave of the government), or from customary and traditional law and usage, and so on.

20 Resettlement assistance may consist of land, other assets, cash, employment, and so on, as appropriate.

21 Normally, this cut-off date is the date the census begins. The cut-off date could also be the date the project area was delineated, prior to the census, provided that there has been an effective public dissemination of information on the area delineated, and systematic and continuous dissemination subsequent to the delineation to prevent further population influx.

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19. Resettlement planning includes early screening, scoping of key issues, the choice of resettlement instrument, and the information required to prepare the resettlement component or subcomponent. The scope and level of detail of the resettlement instruments vary with the magnitude and complexity of resettlement. In preparing the resettlement component, the borrower draws on appropriate social, technical, and legal expertise and on relevant community-based organizations and NGOs.22 The borrower informs potentially displaced persons at an early stage about the resettlement aspects of the project and takes their views into account in project design.

20. The full costs of resettlement activities necessary to achieve the objectives of the project are included in the total costs of the project. The costs of resettlement, like the costs of other project activities, are treated as a charge against the economic benefits of the project; and any net benefits to resettlers (as compared to the "without-project" circumstances) are added to the benefits stream of the project. Resettlement components or free-standing resettlement projects need not be economically viable on their own, but they should be cost-effective.

21. The borrower ensures that the Project Implementation Plan is fully consistent with the resettlement instrument.

22. As a condition of appraisal of projects involving resettlement, the borrower provides the Bank with the relevant draft resettlement instrument which conforms to this policy, and makes it available at a place accessible to displaced persons and local NGOs, in a form, manner, and language that are understandable to them. Once the Bank accepts this instrument as providing an adequate basis for project appraisal, the Bank makes it available to the public through its InfoShop. After the Bank has approved the final resettlement instrument, the Bank and the borrower disclose it again in the same manner.23

23. The borrower's obligations to carry out the resettlement instrument and to keep the Bank informed of implementation progress are provided for in the legal agreements for the project.

24. The borrower is responsible for adequate monitoring and evaluation of the activities set forth in the resettlement instrument. The Bank regularly supervises resettlement implementation to determine compliance with the resettlement instrument. Upon completion of the project, the borrower undertakes an assessment to determine whether the objectives of the resettlement instrument have been achieved. The assessment takes into account the baseline conditions and the results of resettlement monitoring. If the assessment reveals that these objectives may not be realized, the borrower should propose follow-up measures that may serve as the basis for continued Bank supervision, as the Bank deems appropriate (see also BP 4.12, para. 16).

22 For projects that are highly risky or contentious, or that involve significant and complex resettlement activities, the borrower should normally engage an advisory panel of independent, internationally recognized resettlement specialists to advise on all aspects of the project relevant to the resettlement activities. The size, role, and frequency of meeting depend on the complexity of the resettlement. If independent technical advisory panels are established under OP 4.01, Environmental Assessment, the resettlement panel may form part of the environmental panel of experts.

23 See The World Bank Policy on Disclosure of Information, para. 34 (Washington, D.C.:World Bank, 2002).

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Resettlement Instruments

Resettlement Plan

25. A draft resettlement plan that conforms to this policy is a condition of appraisal (see Annex A, paras. 2-21) for projects referred to in para. 17(a) above.24 However, where impacts on the entire displaced population are minor,25 or fewer than 200 people are displaced, an abbreviated resettlement plan may be agreed with the borrower (see Annex A, para. 22 ). The information disclosure procedures set forth in para. 22 apply.

Resettlement Policy Framework

26. For sector investment operations that may involve involuntary resettlement, the Bank requires that the project implementing agency screen subprojects to be financed by the Bank to ensure their consistency with this OP. For these operations, the borrower submits, prior to appraisal, a resettlement policy framework that conforms to this policy (see Annex A, paras. 23-25). The framework also estimates, to the extent feasible, the total population to be displaced and the overall resettlement costs.

27. For financial intermediary operations that may involve involuntary resettlement, the Bank requires that the financial intermediary (FI) screen subprojects to be financed by the Bank to ensure their consistency with this OP. For these operations, the Bank requires that before appraisal the borrower or the FI submit to the Bank a resettlement policy framework conforming to this policy (see Annex A, paras. 23- 25). In addition, the framework includes an assessment of the institutional capacity and procedures of each of the FIs that will be responsible for subproject financing. When, in the assessment of the Bank, no resettlement is envisaged in the subprojects to be financed by the FI, a resettlement policy framework is not required. Instead, the legal agreements specify the obligation of the FIs to obtain from the potential subborrowers a resettlement plan consistent with this policy if a subproject gives rise to resettlement. For all subprojects involving resettlement, the resettlement plan is provided to the Bank for approval before the subproject is accepted for Bank financing.

28. For other Bank-assisted project with multiple subprojects26 that may involve involuntary resettlement, the Bank requires that a draft resettlement plan conforming to this policy be submitted to the Bank before appraisal of the project unless, because of the nature and design of the project or of a specific subproject or subprojects (a) the zone of impact of subprojects cannot be determined, or (b) the zone of impact is known but precise sitting alignments cannot be determined. In such cases, the borrower submits a resettlement policy framework consistent with this policy prior to appraisal (see Annex A, paras. 23-25 ). For other subprojects that do not fall within the above criteria, a resettlement plan conforming to this policy is required prior to appraisal.

24 An exception to this requirement may be made in highly unusual circumstances (such as emergency operations) with the approval of Bank Management (see BP 4.12, para. 8). In such cases, the Management's approval stipulates a timetable and budget for developing the resettlement plan.

25 Impacts are considered "minor" if the affected people are not physically displaced and less than 10 percent of their productive assets are lost.

26 For the purpose of this paragraph, the term "subprojects" includes components and subcomponents.

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29. For each subproject included in a project described in para. 26, 27, or 28 that may involve resettlement, the Bank requires that a satisfactory resettlement plan or an abbreviated resettlement plan that is consistent with the provisions of the policy framework be submitted to the Bank for approval before the subproject is accepted for Bank financing.

30. For projects described in paras. 26-28 above, the Bank may agree, in writing, that subproject resettlement plans may be approved by the project implementing agency or a responsible government agency or financial intermediary without prior Bank review, if that agency has demonstrated adequate institutional capacity to review resettlement plans and ensure their consistency with this policy. Any such delegation, and appropriate remedies for the entity's approval of resettlement plans found not to be in compliance with Bank policy, are provided for in the legal agreements for the project. In all such cases, implementation of the resettlement plans is subject to ex post review by the Bank.

Process Framework

31. For projects involving restriction of access in accordance with para. 3(b) above, the borrower provides the Bank with a draft process framework that conforms to the relevant provisions of this policy as a condition of appraisal. In addition, during project implementation and before to enforcing of the restriction, the borrower prepares a plan of action, acceptable to the Bank, describing the specific measures to be undertaken to assist the displaced persons and the arrangements for their implementation. The plan of action could take the form of a natural resources management plan prepared for the project.

Assistance to the Borrower

32. In furtherance of the objectives of this policy, the Bank may at a borrower's request support the borrower and other concerned entities by providing

a. assistance to assess and strengthen resettlement policies, strategies, legal frameworks, and specific plans at a country, regional, or sectoral level;

b. financing of technical assistance to strengthen the capacities of agencies responsible for resettlement, or of affected people to participate more effectively in resettlement operations;

c. financing of technical assistance for developing resettlement policies, strategies, and specific plans, and for implementation, monitoring, and evaluation of resettlement activities; and

d. financing of the investment costs of resettlement.

33. The Bank may finance either a component of the main investment causing displacement and requiring resettlement, or a free-standing resettlement project with appropriate cross-conditionalities, processed and implemented in parallel with the investment that causes the displacement. The Bank may finance resettlement even though it is not financing the main investment that makes resettlement necessary.

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Involuntary Resettlement Instruments

1. This annex describes the elements of a resettlement plan, an abbreviated resettlement plan, a resettlement policy framework, and a resettlement process framework, as discussed in OP 4.12, paras. 17- 31.

Resettlement Plan

2. The scope and level of detail of the resettlement plan vary with the magnitude and complexity of resettlement. The plan is based on up-to-date and reliable information about (a) the proposed resettlement and its impacts on the displaced persons and other adversely affected groups, and (b) the legal issues involved in resettlement. The resettlement plan covers the elements below, as relevant. When any element is not relevant to project circumstances, it should be noted in the resettlement plan.

3. Description of the project. General description of the project and identification of the project area.

4. Potential impacts. Identification of

a. the project component or activities that give rise to resettlement;

b. the zone of impact of such component or activities;

c. the alternatives considered to avoid or minimize resettlement; and

d. the mechanisms established to minimize resettlement, to the extent possible, during project implementation.

5. Objectives. The main objectives of the resettlement program.

6. Socioeconomic studies. The findings of socioeconomic studies to be conducted in the early stages of project preparation and with the involvement of potentially displaced people, including

a. the results of a census survey covering

i. current occupants of the affected area to establish a basis for the design of the resettlement program and to exclude subsequent inflows of people from eligibility for compensation and resettlement assistance;

ii. standard characteristics of displaced households, including a description of production systems, labor, and household organization; and baseline information on livelihoods (including, as relevant, production levels and income derived from both formal and informal economic activities) and standards of living (including health status) of the displaced population;

iii. the magnitude of the expected loss--total or partial--of assets, and the extent of displacement, physical or economic;

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iv. information on vulnerable groups or persons as provided for in OP 4.12, para. 8, for whom special provisions may have to be made; and

v. provisions to update information on the displaced people's livelihoods and standards of living at regular intervals so that the latest information is available at the time of their displacement.

b. Other studies describing the following

i. land tenure and transfer systems, including an inventory of common property natural resources from which people derive their livelihoods and sustenance, non-title-based usufruct systems (including fishing, grazing, or use of forest areas) governed by local recognized land allocation mechanisms, and any issues raised by different tenure systems in the project area;

ii. the patterns of social interaction in the affected communities, including social networks and social support systems, and how they will be affected by the project;

iii. public infrastructure and social services that will be affected; and

iv. social and cultural characteristics of displaced communities, including a description of formal and informal institutions (e.g., community organizations, ritual groups, nongovernmental organizations (NGOs)) that may be relevant to the consultation strategy and to designing and implementing the resettlement activities.

7. Legal framework. The findings of an analysis of the legal framework, covering

a. the scope of the power of eminent domain and the nature of compensation associated with it, in terms of both the valuation methodology and the timing of payment;

b. the applicable legal and administrative procedures, including a description of the remedies available to displaced persons in the judicial process and the normal timeframe for such procedures, and any available alternative dispute resolution mechanisms that may be relevant to resettlement under the project;

c. relevant law (including customary and traditional law) governing land tenure, valuation of assets and losses, compensation, and natural resource usage rights; customary personal law related to displacement; and environmental laws and social welfare legislation;

d. laws and regulations relating to the agencies responsible for implementing resettlement activities;

e. gaps, if any, between local laws covering eminent domain and resettlement and the Bank's resettlement policy, and the mechanisms to bridge such gaps; and

f. any legal steps necessary to ensure the effective implementation of resettlement activities under the project, including, as appropriate, a process for recognizing claims to legal rights to land--including claims that derive from customary law and traditional usage (see OP 4.12, para.15 b).

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8. Institutional Framework. The findings of an analysis of the institutional framework covering

a. the identification of agencies responsible for resettlement activities and NGOs that may have a role in project implementation;

b. an assessment of the institutional capacity of such agencies and NGOs; and

c. any steps that are proposed to enhance the institutional capacity of agencies and NGOs responsible for resettlement implementation.

9. Eligibility. Definition of displaced persons and criteria for determining their eligibility for compensation and other resettlement assistance, including relevant cut-off dates.

10. Valuation of and compensation for losses. The methodology to be used in valuing losses to determine their replacement cost; and a description of the proposed types and levels of compensation under local law and such supplementary measures as are necessary to achieve replacement cost for lost assets.1

11. Resettlement measures. A description of the packages of compensation and other resettlement measures that will assist each category of eligible displaced persons to achieve the objectives of the policy (see OP 4.12, para. 6). In addition to being technically and economically feasible, the resettlement packages should be compatible with the cultural preferences of the displaced persons, and prepared in consultation with them.

12. Site selection, site preparation, and relocation. Alternative relocation sites considered and explanation of those selected, covering

a. institutional and technical arrangements for identifying and preparing relocation sites, whether rural or urban, for which a combination of productive potential, locational advantages, and other factors is at least comparable to the advantages of the old sites, with an estimate of the time needed to acquire and transfer land and ancillary resources;

1 With regard to land and structures, "replacement cost" is defined as follows: For agricultural land, it is the pre- project or pre-displacement, whichever is higher, market value of land of equal productive potential or use located in the vicinity of the affected land, plus the cost of preparing the land to levels similar to those of the affected land, plus the cost of any registration and transfer taxes. For land in urban areas, it is the pre- displacement market value of land of equal size and use, with similar or improved public infrastructure facilities and services and located in the vicinity of the affected land, plus the cost of any registration and transfer taxes. For houses and other structures, it is the market cost of the materials to build a replacement structure with an area and quality similar to or better than those of the affected structure, or to repair a partially affected structure, plus the cost of transporting building materials to the construction site, plus the cost of any labor and contractors' fees, plus the cost of any registration and transfer taxes. In determining the replacement cost, depreciation of the asset and the value of salvage materials are not taken into account, nor is the value of benefits to be derived from the project deducted from the valuation of an affected asset. Where domestic law does not meet the standard of compensation at full replacement cost, compensation under domestic law is supplemented by additional measures so as to meet the replacement cost standard. Such additional assistance is distinct from resettlement measures to be provided under other clauses in OP 4.12, para. 6.

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b. any measures necessary to prevent land speculation or influx of ineligible persons at the selected sites;

c. procedures for physical relocation under the project, including timetables for site preparation and transfer; and

d. legal arrangements for regularizing tenure and transferring titles to resettlers.

13. Housing, infrastructure, and social services. Plans to provide (or to finance resettlers' provision of) housing, infrastructure (e.g., water supply, feeder roads), and social services (e.g., schools, health services);2 plans to ensure comparable services to host populations; any necessary site development, engineering, and architectural designs for these facilities.

14. Environmental protection and management. A description of the boundaries of the relocation area; and an assessment of the environmental impacts of the proposed resettlement3 and measures to mitigate and manage these impacts (coordinated as appropriate with the environmental assessment of the main investment requiring the resettlement).

15. Community participation. Involvement of resettlers and host communities,4

a. a description of the strategy for consultation with and participation of resettlers andhosts in the design and implementation of the resettlement activities;

b. a summary of the views expressed and how these views were taken into account in preparing the resettlement plan;

c. a review of the resettlement alternatives presented and the choices made by displaced persons regarding options available to them, including choices related to forms of compensation and resettlement assistance, to relocating as individuals families or as parts of preexisting communities or kinship groups, to sustaining existing patterns of group organization, and to retaining access to cultural property (e.g. places of worship, pilgrimage centers, cemeteries);5 and

d. institutionalized arrangements by which displaced people can communicate their concerns to project authorities throughout planning and implementation, and measures to ensure that such

2 Provision of health care services, particularly for pregnant women, infants, and the elderly, may be important during and after relocation to prevent increases in morbidity and mortality due to malnutrition, the psychological stress of being uprooted, and the increased risk of disease.

3 Negative impacts that should be anticipated and mitigated include, for rural resettlement, deforestation, overgrazing, soil erosion, sanitation, and pollution; for urban resettlement, projects should address such density- related issues as transportation capacity and access to potable water, sanitation systems, and health facilities.

4 Experience has shown that local NGOs often provide valuable assistance and ensure viable community participation.

5 OP 4.11, Physical Cultural Resources.

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vulnerable groups as indigenous people, ethnic minorities, the landless, and women are adequately represented.

16. Integration with host populations. Measures to mitigate the impact of resettlement on any host communities, including

a. consultations with host communities and local governments;

b. arrangements for prompt tendering of any payment due the hosts for land or other assets provided to resettlers;

c. arrangements for addressing any conflict that may arise between resettlers and host communities; and

d. any measures necessary to augment services (e.g., education, water, health, and production services) in host communities to make them at least comparable to services available to resettlers.

17. Grievance procedures. Affordable and accessible procedures for third-party settlement of disputes arising from resettlement; such grievance mechanisms should take into account the availability of judicial recourse and community and traditional dispute settlement mechanisms.

18. Organizational responsibilities. The organizational framework for implementing resettlement, including identification of agencies responsible for delivery of resettlement measures and provision of services; arrangements to ensure appropriate coordination between agencies and jurisdictions involved in implementation; and any measures (including technical assistance) needed to strengthen the implementing agencies' capacity to design and carry out resettlement activities; provisions for the transfer to local authorities or resettlers themselves of responsibility for managing facilities and services provided under the project and for transferring other such responsibilities from the resettlement implementing agencies, when appropriate.

19. Implementation schedule. An implementation schedule covering all resettlement activities from preparation through implementation, including target dates for the achievement of expected benefits to resettlers and hosts and terminating the various forms of assistance. The schedule should indicate how the resettlement activities are linked to the implementation of the overall project.

20. Costs and budget. Tables showing itemized cost estimates for all resettlement activities, including allowances for inflation, population growth, and other contingencies; timetables for expenditures; sources of funds; and arrangements for timely flow of funds, and funding for resettlement, if any, in areas outside the jurisdiction of the implementing agencies.

21. Monitoring and evaluation. Arrangements for monitoring of resettlement activities by the implementing agency, supplemented by independent monitors as considered appropriate by the Bank, to ensure complete and objective information; performance monitoring indicators to measure inputs, outputs, and outcomes for resettlement activities; involvement of the displaced persons in the monitoring process; evaluation of the impact of resettlement for a reasonable period after all resettlement and related development activities have been completed; using the results of resettlement monitoring to guide subsequent implementation.

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Abbreviated Resettlement Plan

22. An abbreviated plan covers the following minimum elements:6

a. a census survey of displaced persons and valuation of assets;

b. description of compensation and other resettlement assistance to be provided;

c. consultations with displaced people about acceptable alternatives;

d. institutional responsibility for implementation and procedures for grievance redress;

e. arrangements for monitoring and implementation; and

f. a timetable and budget.

Resettlement Policy Framework

23. The purpose of the policy framework is to clarify resettlement principles, organizational arrangements, and design criteria to be applied to subprojects to be prepared during project implementation (see OP 4.12, paras. 26-28). Subproject resettlement plans consistent with the policy framework subsequently are submitted to the Bank for approval after specific planning information becomes available (see OP 4.12, para. 29).

24. The resettlement policy framework covers the following elements, consistent with the provisions described in OP 4.12, paras. 2 and 4:

a. a brief description of the project and components for which land acquisition and resettlement are required, and an explanation of why a resettlement plan as described in paras. 2-21 or an abbreviated plan as described in para. 22 cannot be prepared by project appraisal;

b. principles and objectives governing resettlement preparation and implementation;

c. a description of the process for preparing and approving resettlement plans;

d. estimated population displacement and likely categories of displaced persons, to the extent feasible;

e. eligibility criteria for defining various categories of displaced persons;

f. a legal framework reviewing the fit between borrower laws and regulations and Bank policy requirements and measures proposed to bridge any gaps between them;

g. methods of valuing affected assets;

6 In case some of the displaced persons lose more than 10% of their productive assets or require physical relocation, the plan also covers a socioeconomic survey and income restoration measures.

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h. organizational procedures for delivery of entitlements, including, for projects involving private sector intermediaries, the responsibilities of the financial intermediary, the government, and the private developer;

i. a description of the implementation process, linking resettlement implementation to civil works;

j. a description of grievance redress mechanisms;

k. a description of the arrangements for funding resettlement, including the preparation and review of cost estimates, the flow of funds, and contingency arrangements;

l. a description of mechanisms for consultations with, and participation of, displaced persons in planning, implementation, and monitoring; and

m. arrangements for monitoring by the implementing agency and, if required, by independent monitors.

25. When a resettlement policy framework is the only document that needs to be submitted as a condition of the loan, the resettlement plan to be submitted as a condition of subproject financing need not include the policy principles, entitlements, and eligibility criteria, organizational arrangements, arrangements for monitoring and evaluation, the framework for participation, and mechanisms for grievance redress set forth in the resettlement policy framework. The subproject-specific resettlement plan needs to include baseline census and socioeconomic survey information; specific compensation rates and standards; policy entitlements related to any additional impacts identified through the census or survey; description of resettlement sites and programs for improvement or restoration of livelihoods and standards of living; implementation schedule for resettlement activities; and detailed cost estimate.

Process Framework

26. A process framework is prepared when Bank-supported projects may cause restrictions in access to natural resources in legally designated parks and protected areas. The purpose of the process framework is to establish a process by which members of potentially affected communities participate in design of project components, determination of measures necessary to achieve resettlement policy objectives, and implementation and monitoring of relevant project activities (see OP 4.12, paras. 7 and 31).

27. Specifically, the process framework describes participatory processes by which the following activities will be accomplished

a. Project components will be prepared and implemented. The document should briefly describe the project and components or activities that may involve new or more stringent restrictions on natural resource use. It should also describe the process by which potentially displaced persons participate in project design.

b. Criteria for eligibility of affected persons will be determined. The document should establish that potentially affected communities will be involved in identifying any adverse impacts,

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assessing of the significance of impacts, and establishing of the criteria for eligibility for any mitigating or compensating measures necessary.

c. Measures to assist affected persons in their efforts to improve their livelihoods or restore them, in real terms, to pre-displacement levels, while maintaining the sustainability of the park or protected area will be identified. The document should describe methods and procedures by which communities will identify and choose potential mitigating or compensating measures to be provided to those adversely affected, and procedures by which adversely affected community members will decide among the options available to them.

d. Potential conflicts or grievances within or between affected communities will be resolved. The document should describe the process for resolving disputes relating to resource use restrictions that may arise between or among affected communities, and grievances that may arise from members of communities who are dissatisfied with the eligibility criteria, community planning measures, or actual implementation.

Additionally, the process framework should describe arrangements relating to the following

e. Administrative and legal procedures. The document should review agreements reached regarding the process approach with relevant administrative jurisdictions and line ministries (including clear delineation for administrative and financial responsibilities under the project).

f. Monitoring arrangements. The document should review arrangements for participatory monitoring of project activities as they relate to (beneficial and adverse) impacts on persons within the project impact area, and for monitoring the effectiveness of measures taken to improve (or at minimum restore) incomes and living standards.

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Note: OP and BP 4.12 together replace OD 4.30, Involuntary Resettlement. These OP and BP apply to all projects for which a Project Concept Review takes place on or after January 1, 2002. Questions may be addressed to the Director, Social Development Department (SDV). Involuntary Resettlement

1. The planning of resettlement activities is an integral part of preparation for Bank-assisted1 projects that cause involuntary resettlement. During project identification, the task team (TT) identifies any potential involuntary resettlement2 under the project. Throughout project processing, the TT consults the regional social development unit,3 Legal Vice Presidency (LEG) and, as necessary, the Resettlement Committee (see para. 7 of this BP).

2. When a proposed project is likely to involve involuntary resettlement, the TT informs the borrower of the provisions of OP/BP 4.12. The TT and borrower staff

a. assess the nature and magnitude of the likely displacement;

b. explore all viable alternative project designs to avoid, where feasible, or minimize displacement;4

c. assess the legal framework covering resettlement and the policies of the government and implementing agencies (identifying any inconsistencies between such policies and the Bank's policy);

d. review past borrower and likely implementing agencies' experience with similar operations;

e. discuss with the agencies responsible for resettlement the policies and institutional, legal, and consultative arrangements for resettlement, including measures to address any inconsistencies between government or implementing agency policies and Bank policy; and

1 "Bank" includes IBRD and IDA; "loans" includes IDA credits and IDA grants, guarantees, Project Preparation Facility (PPF) advances, and grants; and "projects" includes projects under (a) adaptable program lending; (b) learning and innovation loans; (c) PPFs and Institutional Development Funds (IDFs), if they include investment activities; (d) grants under the Global Environment Facility and Montreal Protocol for which the Bank is the implementing/executing agency; and (e) grants or loans provided by other donors that are administered by the Bank. The term "project" does not include programs under development policy lending operations. "Borrower" also includes, wherever the context requires, the guarantor or the project implementing agency.

2 See OP 4.12, Involuntary Resettlement.

3 Unit or department in the Region responsible for resettlement issues.

4 The Bank satisfies itself that the borrower has explored all viable alternative project designs to avoid involuntary resettlement and, when it is not feasible to avoid such resettlement, to minimize the scale and impacts of resettlement (for example, realignment of roads or reduction in dam height may reduce resettlement needs). Such alternative designs should be consistent with other Bank policies.

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f. discuss any technical assistance to be provided to the borrower (see OP 4.12, para. 32).

3. Based on the review of relevant resettlement issues, the TT agrees with the Regional social development unit and LEG on the type of resettlement instrument (resettlement plan, abbreviated resettlement plan, resettlement policy framework, or process framework) and the scope and the level of detail required. The TT conveys these decisions to the borrower and also discusses with the borrower the actions necessary to prepare the resettlement instrument,5 agrees on the timing for preparing the resettlement instrument, and monitors progress.

4. The TT summarizes in the Project Concept Document (PCD) and the Project Information Document (PID) available information on the nature and magnitude of displacement and the resettlement instrument to be used, and the TT periodically updates the PID as project planning proceeds.

5. For projects with impacts under para. 3 (a) of OP 4.12 the TT assesses the following during project preparation:

a. the extent to which project design alternatives and options to minimize and mitigate involuntary resettlement have been considered;

b. progress in preparing the resettlement plan or resettlement policy framework and its adequacy with respect to OP 4.12, including the involvement of affected groups and the extent to which the views of such groups are being considered;

c. proposed criteria for eligibility of displaced persons for compensation and other resettlement assistance;

d. the feasibility of the proposed resettlement measures, including provisions for sites if needed; funding for all resettlement activities, including provision of counterpart funding on an annual basis; the legal framework; and implementation and monitoring arrangements; and

e. if sufficient land is not available in projects involving displaced persons whose livelihoods are land-based and for whom a land-based resettlement strategy is the preferred option, the evidence of lack of adequate land (OP 4.12, para. 11).

6. For projects with impacts under para. 3 (b) of OP 4.12, the TT assesses the following during project preparation:

a. the extent to which project design alternatives and options to minimize and mitigate involuntary resettlement have been considered; and

b. progress in preparing the process framework and its adequacy in respect to OP 4.12, including the adequacy of the proposed participatory approach; criteria for eligibility of

5 Such actions may include, for example, developing procedures for establishing eligibility for resettlement assistance; conducting socioeconomic surveys and legal analyses; carrying out public consultation; identifying resettlement sites; evaluating options for improvement or restoration of livelihoods and standards of living; or, in the case of highly risky or contentious projects, engaging a panel of independent, internationally recognized resettlement specialists.

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displaced persons; funding for resettlement; the legal framework; and implementation and monitoring arrangements.

7. The TT may request a meeting with the Resettlement Committee to obtain endorsement of, or guidance on, (a) the manner in which it proposes to address resettlement issues in a project, or (b) clarifications on the application and scope of this policy. The Committee, chaired by the vice president responsible for resettlement, includes the Director, Social Development Department, a representative from LEG, and two representatives from Operations, one of whom is from the sector of the project being discussed. The Committee is guided by the policy and, among other sources, the Involuntary Resettlement Sourcebook, which will be regularly updated to reflect good practice.

Appraisal

8. The borrower submits to the Bank a resettlement plan, a resettlement policy framework, or a process framework that conform with the requirements of OP 4.12, as a condition of appraisal for projects involving involuntary resettlement (see OP 4.12, paras. 17-31). Appraisal may be authorized before the plan is completed in highly unusual circumstances (such as emergency operations) with the approval of the Managing Director in consultation with the Resettlement Committee. In such cases, the TT agrees with the borrower on a timetable for preparing and furnishing to the Bank the relevant resettlement instrument that conforms with the requirements of OP 4.12.

9. Once the borrower officially transmits the draft resettlement instrument to the Bank, Bank staff-- including the Regional resettlement specialists and the lawyer--review it, determine whether it provides an adequate basis for project appraisal, and advise the Regional sector management accordingly. Once approval for appraisal has been granted by the Country Director, the TT sends the draft resettlement instrument to the Bank's InfoShop.6 The TT also prepares and sends the English language executive summary of the draft resettlement instrument to the Corporate Secretariat, under cover of a transmittal memorandum confirming that the executive summary and the draft resettlement instrument are subject to change during appraisal.

10. During project appraisal, the TT assesses (a) the borrower's commitment to and capacity for implementing the resettlement instrument; (b) the feasibility of the proposed measures for improvement or restoration of livelihoods and standards of living; (c) availability of adequate counterpart funds for resettlement activities; (d) significant risks, including risk of impoverishment, from inadequate implementation of the resettlement instrument; (e) consistency of the proposed resettlement instrument with the Project Implementation Plan; and (f) the adequacy of arrangements for internal, and if considered appropriate by the TT, independent monitoring and evaluation of the implementation of the resettlement instrument.7 The TT obtains the concurrence of the Regional social development unit and LEG to any changes to the draft resettlement instrument during project appraisal. Appraisal is complete only when the borrower officially transmits to the Bank the final draft resettlement instrument conforming to Bank policy (OP 4.12 ).

6 See The World Bank Policy on Disclosure of Information, para. 34 (Washington, D.C.: World Bank, 2002).

7 For projects with impacts covered under para. 3 (b) of OP 4.12, the analysis referred to in (b) and (d) above is carried out when the plan of action is furnished to the Bank (see para. 15 of this BP).

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11. In the Project Appraisal Document (PAD), the TT describes the resettlement issues, proposed resettlement instrument and measures, and the borrower's commitment to and institutional and financial capacity for implementing the resettlement instrument. The TT also discusses in the PAD the feasibility of the proposed resettlement measures and the risks associated with resettlement implementation. In the annex to the PAD, the TT summarizes the resettlement provisions, covering, inter alia, basic information on affected populations, resettlement measures, institutional arrangements, timetable, budget, including adequate and timely provision of counterpart funds, and performance monitoring indicators. The PAD annex shows the overall cost of resettlement as a distinct part of project costs.

12. The project description in the Loan Agreement describes the resettlement component or subcomponent. The legal agreements provide for the borrower's obligation to carry out the relevant resettlement instrument and keep the Bank informed of project implementation progress.8 At negotiations, the borrower and the Bank agree on the resettlement plan or resettlement policy framework or process framework. Before presenting the project to the Board, the TT confirms that the responsible authority of the borrower and any implementation agency have provided final approval of the relevant resettlement instrument.

Supervision

13. Recognizing the importance of close and frequent supervision9 to good resettlement outcomes, the Regional vice president, in coordination with the relevant country director, ensures that appropriate measures are established for the effective supervision of projects with involuntary resettlement. For this purpose, the country director allocates dedicated funds to adequately supervise resettlement, taking into account the magnitude and complexity of the resettlement component or subcomponent and the need to involve the requisite social, financial, legal, and technical experts. Supervision should be carried out with due regard to the Regional Action Plan for Resettlement Supervision.10

14. Throughout project implementation the TL supervises the implementation of the resettlement instrument ensuring that the requisite social, financial, legal, and technical experts are included in supervision missions. Supervision focuses on compliance with the legal instruments, including the Project Implementation Plan and the resettlement instrument, and the TT discusses any deviation from the agreed instruments with the borrower and reports it to Regional Management for prompt corrective action. The TT regularly reviews the internal, and where applicable, independent monitoring reports to ensure that the findings and recommendations of the monitoring exercise are being incorporated in project implementation. To facilitate a timely response to problems or opportunities that may arise with respect to resettlement, the TT reviews project resettlement planning and implementation during the early stages of project implementation. On the basis of the findings of this review, the TT engages the borrower in discussing and, if necessary, amending the relevant resettlement instrument to achieve the objectives of this policy.

8 In case of resettlement policy framework, the borrower's obligation also includes preparing a resettlement plan in accordance with the framework, for each sub-project giving rise to displacement, and furnishing it to be the Bank for approval prior to implementation of the sub-project.

9 See OP/BP 13.05, Project Supervision.

10 The Plan is prepared by the regional social development unit in consultation with the TTs and Legal.

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15. For projects with impacts covered under para. 3(b) of OP 4.12, the TT assesses the plan of action to determine the feasibility of the measures to assist the displaced persons to improve (or at least restore in real terms to pre-project or pre-displacement levels, whichever is higher) their livelihoods with due regard to the sustainability of the natural resource, and accordingly informs the Regional Management, the Regional social development unit, and LEG. The TL makes the plan of action available to the public through the InfoShop.

16. A project is not considered complete--and Bank supervision continues--until the resettlement measures set out in the relevant resettlement instrument have been implemented. Upon completion of the project, the Implementation Completion Report (ICR)11 valuates the achievement of the objectives of the resettlement instrument and lessons for future operations and summarizes the findings of the borrower's assessment referred to in OP 4.12, para. 24 .12 If the evaluation suggests that the objectives of the resettlement instrument may not be realized, the ICR assesses the appropriateness of the resettlement measures and may propose a future course of action, including, as appropriate, continued supervision by the Bank.

Country Assistance Strategy

17. In countries with a series of operations requiring resettlement, the ongoing country and sector dialogue with the government should include any issues pertaining to the country's policy, institutional, and legal framework for resettlement. Bank staff should reflect these issues in country economic and sector work and in the Country Assistance Strategy.

11 See OP/BP 13.55, Implementation Completion Report.

12 The ICR's assessment of the extent to which resettlement objectives were realized is normally based on a socioeconomic survey of affected people conducted at the time of project completion, and takes into account the extent of displacement, and the impact of the project on the livelihoods of displaced persons and any host communities.

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Note: OP and BP 4.20 draw onIntegrating Gender into the World Bank's Work: A Strategy for Action,January 2002.They replace the section of OMS 2.20,Project Appraisal, relating to gender as part of the sociological aspects of appraisal (especially paragraph 62), dated January 1988; OP 4.20,The Gender Dimension of Development,dated October 1999; and the Operational MemorandumClarification of Current Bank Policy on Gender and Development,December 11, 2001. Questions may be addressed to the Director, Gender and Development (PRMGE). Gender and Development

1. The objective of the Bank's1 gender and development policy is to assist member countries to reduce poverty and enhance economic growth, human well-being, and development effectiveness by addressing the gender disparities and inequalities that are barriers to development, and by assisting member countries in formulating and implementing their gender and development goals.

2. To this end, the Bank periodically assesses the gender dimensions of development within and across sectors in the countries in which it has an active assistance program. This gender assessment2 informs the Bank's policy dialogue with the member country.

3. The Bank's Country Assistance Strategy (CAS)3 draws on and discusses the findings of the gender assessment.

4. In sectors and thematic areas where the CAS has identified the need for gender-responsive interventions, the Bank's assistance to the country incorporates measures designed to address this need. Projects in these sectors and thematic areas are designed to adequately take into account the gender implications of the project.

5. The Bank regularly monitors the implementation of this policy.

1 "Bank" includes IBRD and IDA; "loans" includes IDA credits and IDA grants; "project" includes any project financed under a Bank loan, IDA credit or IDA grant, but does not include programs financed under development policy loans. Social aspects of programs supported under Bank development policy loans are addressed in OP/BP 8.60, Development Policy Lending. "Project" also includes: any project supported by a Bank guarantee, but does not include loans supported by a Bank policy-based guarantee; or any project financed under a GEF grant of more than US$ 1 million, but does not include GEF projects executed by organizations identified by the GEF Council as eligible to work with the GEF through expanded opportunities for project preparation and implementation (such organizations include, inter alia, regional development banks and UN agencies such as FAO and UNIDO).

2 Such gender assessments may be stand-alone assessments or may be carried out as part of other Bank economic and sector work, such as poverty assessments (see OP 1.00, Poverty Reduction), country economic memoranda, public expenditure reviews, development policy reviews, poverty and social impact assessments, or institutional analyses. Alternatively, they may be assessments that have been carried out by the country or an organization other than the Bank, if the Bank finds the assessments to be satisfactory.

3 See BP 2.11, Country Assistance Strategies.

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Note: OP and BP 4.20 draw on Integrating Gender into the World Bank's Work: A Strategy for Action, January 2002. They replace the section of OMS 2.20, Project Appraisal, relating to gender as part of the sociological aspects of appraisal (especially paragraph 62), dated January 1988; OP 4.20, The Gender Dimension of Development, dated October 1999; and the Operational Memorandum Clarification of Current Bank Policy on Gender and Development, December 11, 2001. Questions may be addressed to the Director, Gender and Development (PRMGE). Gender and Development

1. The country director oversees the preparation of the gender assessment for the country. The gender assessment is based on analytic work and consultations conducted by the Bank or by other organizations (for example, governmental, international, or academic institutions).1 It typically includes:

a. a description of

i. the different socioeconomic roles of females and males, including their participation in both the market and household economies;

ii. male-female disparities in access to, control over, and use of assets and productive resources;

iii. male-female disparities in human development indicators;

iv. the relative participation of females and males in development decisionmaking; and

v. laws, institutional frameworks, norms, and other societal practices that lead (implicitly or explicitly) to gender discrimination and/or gender inequality;

b. a review of the country context, including the country's policies, priorities, legal and regulatory framework, and institutional arrangements for implementing its gender and development goals; and

c. based on (a) and (b) above, suggested gender-responsive policies and interventions that are relevant for reducing poverty and enhancing economic growth, human well-being and development effectiveness.

2. The country director ensures that the results of the gender assessment are incorporated in the country dialogue and reflected in the Country Assistance Strategy (CAS). The CAS reports on the status of the gender assessment, and identifies any gender-responsive actions that are proposed as part of the Bank's assistance strategy for the country.

1 The gender assessment may be a stand-alone assessment or it may be carried out as part of other Bank economic and sector work, such as poverty assessments (see OP 1.00, Poverty Reduction), country economic memoranda, public expenditure reviews, development policy reviews, poverty and social impact assessments, or institutional analyses. Alternatively, it may be an assessment that has been carried out by the country or an organization other than the Bank, if the Bank finds the assessment to be satisfactory.

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3. In sectors and thematic areas where the CAS has identified the need for priority gender- responsive actions, the relevant sector managers ensure that Bank-financed projects and other Bank activities are gender-responsive. The task teams concerned determine how these actions will be optimally integrated into Bank-financed projects. In particular, task teams appraise the following aspects and, as appropriate, ensure that the project design addresses them:

a. the local circumstances that may affect the different participation of females and males in the project;

b. the contribution that females and males each could make to achieving the project's objectives;

c. the ways in which the project might be disadvantageous to one gender relative to the other; and

d. the project's proposed mechanisms for monitoring the different impacts of the project on females and males.

4. The Regional vice president reports annually to the managing director concerned on the implementation of this policy.

5. The Gender and Development Board collaborates with relevant units within the Bank to facilitate the integration of gender issues in the Bank's work. This Board develops guidance to staff on the preparation of gender assessments, establishes a framework for Regional monitoring and evaluation of the implementation of this policy, and consolidates Regional monitoring or evaluation reports into annual Bankwide summaries.

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Note: OP and BP 4.36 , Forests, replace OP and GP 4.36, Forestry, dated September 1993, and are based on A Revised Forests Strategy for the World Bank Group, endorsed by the Board of Executive Directors on October 31, 2002. Other related Bank policies include OP 4.01 , Environmental Assessment, OP 4.04 , Natural Habitats, OP 4.10 , Indigenous Peoples, OP 4.11,Physical Cultural Resources, and OP 4.12 , Involuntary Resettlement. These OP and BP apply to all projects for which a Project Concept Review takes place after January 1, 2003. Questions may be addressed to the Director, Rural Development Department, or the Director, Environment Department, ESSD. Forests

Policy Objectives

1. The management, conservation, and sustainable development of forest ecosystems and their associated resources are essential for lasting poverty reduction and sustainable development, whether located in countries with abundant forests or in those with depleted or naturally limited forest resources. The objective of this policy is to assist borrowers1 to harness the potential of forests2 to reduce poverty in a sustainable manner, integrate forests effectively into sustainable economic development, and protect the vital local and global environmental services and values of forests.

2. Where forest restoration and plantation development are necessary to meet these objectives, the Bank assists borrowers with forest restoration activities that maintain or enhance biodiversity and ecosystem functionality. The Bank also assists borrowers with the establishment and sustainable management of environmentally appropriate, socially beneficial, and economically viable forest plantations to help meet growing demands for forest goods and services.

Scope of Policy

3. This policy applies to the following types of Bank-financed investment projects:

a. projects that have or may have impacts on the health and quality of forests;

1 "Bank" includes IBRD and IDA. "Borrower" includes the member country guarantor of a loan made to a nonmember and, for guarantee operations, a private or public project sponsor receiving from another financial institution a loan guaranteed by the Bank. "Project" covers all operations financed under Bank loans, credits or guarantees and IDA grants, but excludes development policy lending (with respect to which environmental considerations are set out in OP/BP 8.60, Development Policy Lending) and debt and debt service operations. "Project" also includes projects and components funded under the Global Environment Facility, but excludes such projects executed by organizations identified by the GEF Council as eligible to work with the GEF through expanded opportunities for project preparation and implementation (such organizations include, inter alia, regional development banks and UN agencies such as FAO and UNIDO).

2 Definitions are provided in Annex A.

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b. projects that affect the rights and welfare3 of people and their level of dependence upon or interaction with forests; and

c. projects that aim to bring about changes in the management, protection, or utilization of natural forests or plantations, whether they are publicly, privately, or communally owned.

Country Assistance Programs

4. The Bank uses environmental assessments, poverty assessments, social analyses, Public Expenditure Reviews, and other economic and sector work to identify the economic, environmental, and social significance of forests in its borrowing countries. When the Bank identifies the potential for its Country Assistance Strategy (CAS) to have a significant impact on forests, it integrates strategies for addressing that impact into the CAS.

Bank Financing

5. The Bank does not finance projects that, in its opinion, would involve significant conversion or degradation4 of critical forest areas5 or related critical natural habitats.6 If a project involves the significant conversion or degradation of natural forests or related natural habitats that the Bank determines are not critical, and the Bank determines that there are no feasible alternatives to the project and its siting, and comprehensive analysis demonstrates that overall benefits from the project substantially outweigh the environmental costs, the Bank may finance the project provided that it incorporates appropriate mitigation measures.7

6. The Bank does not finance projects that contravene applicable international environmental agreements.8

Plantations

7. The Bank does not finance plantations that involve any conversion or degradation of critical natural habitats, including adjacent or downstream critical natural habitats. When the Bank finances

3 The rights and welfare of people affected by projects should be assessed in relation to the requirements and procedures of OP 4.10, Indigenous Peoples, OP 4.11,Physical Cultural Resources, and OP 4.12, Involuntary Resettlement.

4 See OP 4.04, Natural Habitats, Annex A, Definitions. (In determining the significance of any conversion or degradation, the Bank applies a precautionary approach; see OP 4.04, paragraph 1).

5 See Definitions, item c.

6 See OP 4.04, Natural Habitats, Annex A, Definitions, item b.

7 For provisions on designing and implementing mitigation measures for projects that may have an impact upon forests and natural habitats, see OP 4.01, Environmental Assessment, and OP 4.04, Natural Habitats.

8 See OP 4.01, Environmental Assessment, paragraph 3.

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plantations, it gives preference to siting such projects on unforested sites or lands already converted (excluding any lands that have been converted in anticipation of the project). In view of the potential for plantation projects to introduce invasive species and threaten biodiversity, such projects must be designed to prevent and mitigate these potential threats to natural habitats.

Commercial Harvesting

8. The Bank may finance commercial harvesting operations9 only when the Bank has determined, on the basis of the applicable environmental assessment or other relevant information, that the areas affected by the harvesting are not critical forests or related critical natural habitats.10

9. To be eligible for Bank financing, industrial-scale commercial harvesting operations must also

a. be certified under an independent forest certification system acceptable to the Bank11 as meeting standards of responsible forest management and use; or

b. where a pre-assessment under such an independent forest certification system determines that the operation does not yet meet the requirements of subparagraph 9(a), adhere to a time- bound phased action plan acceptable to the Bank12 for achieving certification to such standards.

10. To be acceptable to the Bank, a forest certification system must require:

a. compliance with relevant laws;

b. recognition of and respect for any legally documented or customary land tenure and use rights as well as the rights of indigenous peoples and workers;

c. measures to maintain or enhance sound and effective community relations;

d. conservation of biological diversity and ecological functions;

9 Commercial harvesting operations are conducted by entities other than those described in items d and e in the Definitions.

10 However, the Bank may finance community-based harvesting activities that take place within Category VI Protected Areas, Managed Resource Protected Areas, that are established and managed mainly for the sustainable use of natural ecosystems (see Definitions, footnote 2). In these areas, Bank financial support is restricted to situations where such activities are permitted under the legislation governing the establishment of the area and where the activities form an integral part of the management plan for the area. Any such financial support must comply with paragraph 12 of this OP.

11 A forest certification system puts in place a process where a forest area is inspected by an independent certification body to determine whether its management meets clearly defined criteria and performance standards. The requirements for a certification system to be acceptable to the Bank are outlined in paragraphs. 10 and 11 of this OP.

12 See BP 4.36, paragraph 5.

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e. measures to maintain or enhance environmentally sound multiple benefits accruing from the forest;

f. prevention or minimization of the adverse environmental impacts from forest use;

g. effective forest management planning;

h. active monitoring and assessment of relevant forest management areas; and

i. the maintenance of critical forest areas and other critical natural habitats affected by the operation.

11. In addition to the requirements in paragraph 11, a forest certification system must be independent, cost-effective, and based on objective and measurable performance standards that are defined at the national level and are compatible with internationally accepted principles and criteria of sustainable forest management. The system must require independent, third-party assessment of forest management performance. In addition, the system's standards must be developed with the meaningful participation of local people and communities; indigenous peoples; non-governmental organizations representing consumer, producer, and conservation interests; and other members of civil society, including the private sector. The decision-making procedures of the certification system must be fair, transparent, independent, and designed to avoid conflicts of interest.

12. The Bank may finance harvesting operations conducted by small-scale landholders,13 by local communities under community forest management, or by such entities under joint forest management arrangements, if these operations:

a. have achieved a standard of forest management developed with the meaningful participation of locally affected communities, consistent with the principles and criteria of responsible forest management outlined in paragraph 10; or

b. adhere to a time-bound phased action plan14 to achieve such a standard. The action plan must be developed with the meaningful participation of locally-affected communities and be acceptable to the Bank.

The borrower monitors all such operations with the meaningful participation of locally-affected communities.

13 "Small-scale" is determined by the national context of a given country and is generally relative to the average size of household forest landholdings. In some situations, small-scale landholders may control less than a hectare of forests; in others they may control 50 hectares or more.

14 See BP 4.36, paragraph 5.

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Project Design

13. In accordance with OP/BP 4.01, Environmental Assessment, the environmental assessment (EA) for an investment project addresses the potential impact of the project on forests and/or the rights and welfare of local communities.15

14. For projects involving the management of forests proposed for Bank financing, the borrower furnishes the Bank with relevant information on the forest sector concerning the borrower's overall policy framework, national legislation, institutional capabilities, and the poverty, social, economic, or environmental issues related to forests. This information should include information on the country's national forest programs or other relevant country-driven processes. On the basis of this information and the project's EA,16 the borrower, as appropriate, incorporates measures in the project to strengthen the fiscal, legal, and institutional framework to meet the project's economic, environmental, and social objectives. These measures address, among other issues, the respective roles and legal rights of the government, the private sector, and local people. Preference is given to small-scale, community-level management approaches where they best harness the potential of forests to reduce poverty in a sustainable manner.17

15. As appropriate, the design of projects that use forest resources or provide environmental services includes an evaluation of the prospects for the development of new markets and marketing arrangements for non-timber forest products and related forest goods and services, taking into account the full range of goods and environmental services from well-managed forests.

15 See Definitions, item d.

16 See BP 4.36, paragraph 3, for guidance on the assignment of EA categories for forest projects.

17 See BP 4.36, paragraph 4

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Definitions

The following definitions apply in this policy:

a. Forest is as an area of land of not less than 1.0 hectare with tree crown cover (or equivalent stocking level) of more than 10 percent that have trees with the potential to reach a minimum height of 2 meters at maturity in situ. A forest may consist of either closed forest formations, where trees of various stories and undergrowth cover a high proportion of the ground, or open forest. Young natural stands and all plantations that have yet to reach a crown density of 10 per cent or tree height of 2 meters are included under forest, as are areas normally forming part of the forest area that are temporarily unstocked as a result of human intervention such as harvesting or natural causes but that are expected to revert to forest. The definition includes forests dedicated to forest production, protection, multiple uses, or conservation, whether formally recognized or not. The definition excludes areas where other land uses not dependent on tree cover predominate, such as agriculture, grazing or settlements. In countries with low forest cover, the definition may be expanded to include areas covered by trees that fall below the 10 percent threshold for canopy density, but are considered forest under local conditions.

b. Natural forests are forest lands and associated waterways where the ecosystem's biological communities are formed largely by native plant and animal species and where human activity has not essentially modified the area's primary ecological functions.

c. Critical forest area s are the forest areas that qualify as critical natural habitats under OP 4.04, Natural Habitats. Critical forest areas are the subset of natural forest lands that cover:

i. existing protected areas and areas officially proposed by governments as protected areas (e.g., reserves that meet the criteria of The World Conservation Union (IUCN) classifications1), areas initially recognized as protected by traditional local communities (e.g., sacred groves), and sites that maintain conditions vital for the viability of these protected areas (as determined by the environmental assessment process2); or

ii. sites identified on supplementary lists prepared by the Bank or an authoritative source determined by the Regional environment sector unit. Such sites may include areas recognized by traditional local communities (e.g., sacred groves); areas with known high suitability for biodiversity conservation; and sites that are critical for rare, vulnerable,

1 IUCN categories are as follows: I - Strict Nature Reserve/Wilderness Area: protected area managed for science or wilderness protection; II - National Park: protected area managed mainly for ecosystem protection and recreation; III - Natural Monument: protected area managed mainly for conservation of specific natural features; IV - Habitat/Species Management Area: protected area managed mainly for conservation through management intervention; V - Protected Landscape/Seascape: protected area managed mainly for landscape/seascape conservation and recreation; and VI - Managed Resource Protected Area: protected area managed mainly for the sustainable use of natural ecosystems.

2 See OP/BP 4.01, Environmental Assessment.

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migratory, or endangered species.3 Listings are based on systematic evaluations of such factors as species richness; the degree of endemism, rarity, and vulnerability of component species; representativeness; and integrity of ecosystem processes.

d. Local community describes the group of people living in or near a forest, who are considered to have some significant level of dependence upon or interaction with the forest.

e. Forests operating under joint forest or community management are those where local communities are the principal participants in production and other activities in these forests, and the major beneficiaries in the proceeds.

3 Rare, vulnerable, endangered, or similarly threatened, as indicated in the IUCN Red List of Threatened Animals, BirdLife World List of Threatened Birds, IUCN Red List of Threatened Plants, or other credible international or national lists accepted by the Regional environmental sector units.

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Note: OP and BP 4.36, Forests,replace OP and GP 4.36,Forestry,dated September 1993, and are based onA Revised Forests Strategy for the World Bank Group, endorsed by the Board of Executive Directors on October 31, 2002. Otherrelated Bank policies include OP 4.01 ,Environmental Assessment, OP 4.04 ,Natural Habitats, OP 4.10 ,Indigenous Peoples, OP 4.11,Physical Cultural Resources, and OP 4.12 ,Involuntary Resettlement.These OP and BP apply to all projects for which a Project Concept Review takes place after January 1, 2003.Questions may be addressed to the Director, Rural Development Department, or the Director, Environment Department, ESSD. Forests

1. When the Bank identifies the potential for its Country Assistance Strategy (CAS) to have a significant impact upon forests, the country department ensures that the forest-related concerns are appropriately addressed in the CAS.

Project Preparation

2. Early in project processing, the task team (TT) consults with the Regional environmental sector unit and, as necessary, with ESSD and other Networks to identify forest issues likely to arise during the project.

3. For each project covered under the scope of the policy as set forth in OP 4.36, para. 3, Bank staff ensure that an EA category is assigned in accordance with the requirements of OP/BP 4.01, Environmental Assessment. A project with the potential for conversion or degradation of natural forests or other natural habitats that is likely to have significant adverse environmental impacts that are sensitive, diverse, or unprecedented is classified as Category A; projects otherwise involving forests or other natural habitats are classified as Category B, C, or FI, depending on the type, location, sensitivity, and scale of the project and the nature and magnitude of its environmental impacts.1

4. During project preparation, the TT ensures that the borrower provides the Bank with an assessment of the adequacy of land use allocations for the management, conservation, and sustainable development of forests, including any additional allocations needed to protect critical forest areas. This assessment provides an inventory of such critical forest areas, and is undertaken at a spatial scale that is ecologically, socially, and culturally appropriate for the forest area in which the project is located. The assessment involves all affected parties in accordance with OP 4.04, Natural Habitats2, and is subject to independent scientific peer review3. In addition, in accordance with OP 4.10 , Indigenous Peoples, and OP 4.12, Involuntary Resettlement, the TT ensures that the borrower assesses the potential impact of the project on local communities, including their legal rights of access to, and use of, designated forest areas. If the project involves investments in forests under OP 4.36, para. 12, the TT ensures that the borrower

1 See OP 4.01, Environmental Assessment, para 8, and BP 4.04, Natural Habitats, para. 2 for requirements concerning EA classification.

2 See OP 4.04, Natural Habitats, para. 10 for guidance on involvement of parties in the assessment process.

3 See OP 4.01, Environmental Assessment, for guidance on independent assessment work.

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also assesses the feasibility of giving preference to small-scale, community level harvesting approaches to harness the potential of forests to reduce poverty in a sustainable manner.

Harvesting Operations

5. If the project involves harvesting operations to be financed by the Bank under OP 4.36, paras. 9(b) or 12(b), the TT ensures that the project incorporates the time-bound action plan, as well as the associated performance benchmarks and the timeframe required to achieve appropriate forest management standards pursuant to OP 4.36 paras. 9-12. The TT includes the time-bound action plan (and the associated performance benchmarks) in the Project Appraisal Document, which is made available to the public in accordance with the World Bank's disclosure policy.4

Community-Based Forest Management and Development

6. If the project is designed to support community-based forest management and development, the TT ensures that, as appropriate, the project's design takes the following into account:

a. the extent to which the livelihoods of local communities depend on and use trees in the project and adjacent area,

b. the institutional, policy, and conflict management issues involved in improving the participation of indigenous people5 and poor people in the management of the trees and forests included in the project area; and(c) forest product and forest service issues relevant to indigenous people and poor people living in or near forests in the project area, as well as opportunities for promoting the involvement of women.

7. If the project involves forest restoration or plantation development, the TT ensures that, as appropriate, the project design incorporates means of addressing the following issues: the potential of forest restoration to improve biodiversity and ecosystem functions; the potential to establish plantations on non-forest lands that do not contain critical natural habitats; the need to avoid conversion or degradation of natural habitats; and the capacities of the government, nongovernmental organizations, and other private entities to cooperate in the forest restoration and plantation development.

Project Implementation and Supervision

8. The Regional vice-president, through the relevant country director, ensures the availability of resources for effective supervision of projects covered by OP 4.36.

9. If a project involves commercial harvesting of forests, the TT ensures that the borrower makes available to the public the results of all forest management assessments carried out under the independent forest certification system referred to in OP 4.36.

4 See The World Bank Policy on Disclosure of Information , (Washington, D.C., World Bank, 2002).

5 See OP 4.10, Indigenous Peoples.

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10. Each project is supervised in accordance with OP 13.05, Project Supervision. Throughout project implementation, the TT ensures that the requisite forest technical expertise is included in Bank supervision missions.

These procedures were prepared for use by World Bank staff and are not necessarily a complete treatment of the subject. Additional copies are available for Bank staff in the Institutional Information Services Center, and to the public through the Public Information Center. THE WORLD BANK OPERATIONS MANUAL OP 4.37 October, 2001 Operational Policies Page 1 of 1

Note: OP and BP 4.37 replace the versions dated September 1996. Other Bank policies that may apply to projects that involve dams include the following: OP/BP 4.01, Environmental Assessment; OP/BP 4.04, Natural Habitats;OP/BP 4.10, Indigenous Peoples; OP / BP 4.11,Physical Cultural Resources; OP/BP 4.12, Involuntary Resettlement; and OP/BP 7.50, Projects on International Waterways. Questions on dam safety should be addressed to the Director, Rural Development Department (RDV). Safety of Dams

1. For the life of any dam, the owner1 is responsible for ensuring that appropriate measures are taken and sufficient resources provided for the safety of the dam, irrespective of its funding sources or construction status. Because there are serious consequences if a dam does not function properly or fails, the Bank2 is concerned about the safety of new dams it finances and existing dams on which a Bank- financed project is directly dependent.

New Dams

2. When the Bank finances a project that includes the construction of a new dam,3 it requires that the dam be designed and its construction supervised by experienced and competent professionals. It also requires that the borrower4 adopt and implement certain dam safety measures for the design, bid tendering, construction, operation, and maintenance of the dam and associated works.

3. The Bank distinguishes between small and large dams.

a. Small dams are normally less than 15 meters in height. This category includes, for example, farm ponds, local silt retention dams, and low embankment tanks.

b. Large dams are 15 meters or more in height. Dams that are between 10 and 15 meters in height are treated as large dams if they present special design complexities--for example, an unusually large flood-handling requirement, location in a zone of high seismicity, foundations that are complex and difficult to prepare, or retention of toxic materials.5 Dams under 10

1 The owner may be a national or local government, a parastatal, a private company or a consortium of entities. If an entity other than the one with legal title to the dam site, dam, and/or reservoir holds a license to operate the dam, and has responsibility for its safety, the term "owner" includes such other entity.

2 "Bank" includes IBRD and IDA, and "loans" include IDA credits and IDA grants.

3 For example, a water storage dam for a hydropower, water supply, irrigation, flood control, or multipurpose project; a tailings or a slimes dam for a mine project; or an ash impoundment dam for a thermal power plant.

4 When the owner is not the borrower, the borrower ensures that the obligations of the borrower under this OP are properly assumed by the owner under arrangements acceptable to the Bank.

5 The definition of "large dams" is based on the criteria used to compile the list of large dams in the World Register of Dams, published by the International Commission on Large Dams.

These policies were prepared for use by World Bank staff and are not necessarily a complete treatment of the subject. Additional copies are available for Bank staff in the Institutional Information Services Center, and to the public through the Public Information Center. THE WORLD BANK OPERATIONS MANUAL OP 4.37 October, 2001 Operational Policies Page 2 of 2

meters in height are treated as large dams if they are expected to become large dams during the operation of the facility.

4. For small dams, generic dam safety measures designed by qualified engineers are usually adequate. For large dams, the Bank requires

a. reviews by an independent panel of experts (the Panel) of the investigation, design, and construction of the dam and the start of operations;

b. preparation and implementation of detailed plans: a plan for construction supervision and quality assurance, an instrumentation plan, an operation and maintenance plan, and an emergency preparedness plan;6

c. prequalification of bidders during procurement and bid tendering,7 and

d. periodic safety inspections of the dam after completion.

5. The Panel consists of three or more experts, appointed by the borrower and acceptable to the Bank, with expertise in the various technical fields relevant to the safety aspects of the particular dam.8 The primary purpose of the Panel is to review and advise the borrower on matters relative to dam safety and other critical aspects of the dam, its appurtenant structures, the catchment area, the area surrounding the reservoir, and downstream areas. However, the borrower normally extends the Panel's composition and terms of reference beyond dam safety to cover such areas as project formulation; technical design; construction procedures; and, for water storage dams, associated works such as power facilities, river diversion during construction, shiplifts, and fish ladders.

6. The borrower contracts the services of the Panel and provides administrative support for the Panel's activities. Beginning as early in project preparation as possible, the borrower arranges for periodic Panel meetings and reviews, which continue through the investigation, design, construction, and initial filling and start-up phases of the dam.9 The borrower informs the Bank in advance of the Panel meetings, and the Bank normally sends an observer to these meetings. After each meeting, the Panel provides the borrower a written report of its conclusions and recommendations, signed by each participating member; the borrower provides a copy of that report to the Bank. Following the filling of the reservoir and start-up of the dam, the Bank reviews the Panel's findings and recommendations. If no significant difficulties are encountered in the filling and start-up of the dam, the borrower may disband the Panel.

6 BP 4.37, Annex A, sets out the content of these plans and the timetable for preparing and finalizing them. In the dam safety practice of several countries, the operation and maintenance plan includes both the instrumentation plan and the emergency preparedness plan as specific sections. This practice is acceptable to the Bank, provided the relevant sections are prepared and finalized according to the timetable set out in BP 4.37, Annex A.

7 See Guidelines: Procurement under IBRD Loans and IDA (Washington, D.C., World Bank).

8 The number, professional breadth, technical expertise, and experience of Panel members are appropriate to the size, complexity, and hazard potential of the dam under consideration. For high-hazard dams, in particular, the Panel members should be internationally known experts in their field.

9 If the Bank's involvement begins at a later stage than project preparation, the Panel is constituted as soon as possible and reviews any aspects of the project that have already been carried out.

These policies were prepared for use by World Bank staff and are not necessarily a complete treatment of the subject. Additional copies are available for Bank staff in the Institutional Information Services Center, and to the public through the Public Information Center. THE WORLD BANK OPERATIONS MANUAL OP 4.37 October, 2001 Operational Policies Page 3 of 3

Existing Dams and Dams under Construction

7. The Bank may finance the following types of projects that do not include a new dam but will rely on the performance of an existing dam or a dam under construction (DUC): power stations or water supply systems that draw directly from a reservoir controlled by an existing dam or a DUC; diversion dams or hydraulic structures downstream from an existing dam or a DUC, where failure of the upstream dam could cause extensive damage to or failure of the new Bank-funded structure; and irrigation or water supply projects that will depend on the storage and operation of an existing dam or a DUC for their supply of water and could not function if the dam failed. Projects in this category also include operations that require increases in the capacity of an existing dam, or changes in the characteristics of the impounded materials, where failure of the existing dam could cause extensive damage to or failure of the Bank-funded facilities.

8. If such a project, as described in para. 7, involves an existing dam or DUC in the borrower's territory, the Bank requires that the borrower arrange for one or more independent dam specialists to (a) inspect and evaluate the safety status of the existing dam or DUC, its appurtenances, and its performance history; (b) review and evaluate the owner's operation and maintenance procedures; and (c) provide a written report of findings and recommendations for any remedial work or safety-related measures necessary to upgrade the existing dam or DUC to an acceptable standard of safety.

9. The Bank may accept previous assessments of dam safety or recommendations of improvements needed in the existing dam or DUC if the borrower provides evidence that (a) an effective dam safety program is already in operation, and (b) full-level inspections and dam safety assessments of the existing dam or DUC, which are satisfactory to the Bank, have already been conducted and documented.

10. Necessary additional dam safety measures or remedial work may be financed under the proposed project. When substantial remedial work is needed, the Bank requires that (a) the work be designed and supervised by competent professionals, and (b) the same reports and plans as for a new Bank-financed dam (see para. 4(b)) be prepared and implemented. For high-hazard cases involving significant and complex remedial work, the Bank also requires that a panel of independent experts be employed on the same basis as for a new Bank-financed dam (see paras. 4(a) and 5).

11. When the owner of the existing dam or DUC is an entity other than the borrower, the borrower enters into agreements or arrangements providing for the measures set out in paras. 8-10 to be undertaken by the owner.

Policy Dialogue

12. Where appropriate, as part of policy dialogue with the country, Bank staff discuss any measures necessary to strengthen the institutional, legislative, and regulatory frame-works for dam safety programs in the country.

These policies were prepared for use by World Bank staff and are not necessarily a complete treatment of the subject. Additional copies are available for Bank staff in the Institutional Information Services Center, and to the public through the Public Information Center. THE WORLD BANK OPERATIONS MANUAL BP 4.37 October, 2001 Bank Procedures Page 1 of 1

Note: OP and BP 4.37 replace the versions dated September 1996. Other Bank policies that may apply to projects that involve dams include the following:OP / BP 4.01, Environmental Assessment;OP/BP 4.04, Natural Habitats; OP / BP 4.11,Physical Cultural Resources;OP/BP 4.10, Indigenous Peoples; OP/BP 4.12, Involuntary Resettlement; and OP/BP 7.50, Projects on International Waterways. Questions on dam safety should be addressed to the Director, Rural Development Department (RDV). Safety of Dams

Project Processing

1. When the Bank1 begins processing a project that includes a dam, the processing team includes individuals who have relevant experience in dam engineering and in preparation and supervision of previous Bank-funded projects that have included dams. If such individuals are not available within the Region, the task team (TT) consults the Rural Development Department for referral to appropriate specialists inside or outside the Bank.

2. Bank projects involving dams are processed according to the procedures set forth in BP10.00, Investment Lending: Identification to Board Presentation.

3. As soon as a project involving a dam is identified, the TT discusses with the borrower the Bank's policy on dam safety OP 4.37).

Preparation

4. The TT ensures that the borrower's terms of reference (TOR) for technical services to investigate the site and design the dam, supervise new or remedial construction, advise on initial reservoir filling and start-up operations, and perform inspections and safety assessments, as well as the qualifications of the professionals (e.g., engineers, geologists, or hydrologists) to be employed by the borrower, are adequate to the complexity of the particular dam.

5. If an independent panel of experts (the Panel) is required, the TT advises borrower staff, as necessary, on the preparation of TOR. The TT reviews and clears the TOR and the Panel members proposed by the borrower. Once the Panel is in place, TT staff normally attend Panel meetings as observers.

6. The TT reviews all reports relating to dam safety prepared by the borrower, the Panel, the independent specialists who assess an existing dam or a dam under construction, and the professionals hired by the borrower to design, construct, fill, and start up the dam.

7. The TT monitors the borrower's preparation of the plans for construction supervision and quality assurance, instrumentation, operation and maintenance, and emergency preparedness (see OP 4.37, para. 4(b), andBP 4.37, Annex A).

1 "Bank" includes IBRD and IDA, and "loans" includes IDA credits and IDA grants.

These procedures were prepared for use by World Bank staff and are not necessarily a complete treatment of the subject. Additional copies are available for Bank staff in the Institutional Information Services Center, and to the public through the Public Information Center. THE WORLD BANK OPERATIONS MANUAL BP 4.37 October, 2001 Bank Procedures Page 2 of 2

Appraisal

8. The appraisal team reviews all project information relevant to dam safety, including cost estimates; construction schedules; procurement procedures; technical assistance arrangements; environmental assessments; and the plans for construction supervision and quality assurance, instrumentation, operation and maintenance, and emergency preparedness. The team also reviews the project proposal, technical aspects, inspection reports, Panel reports, and all other borrower action plans relating to dam safety. If a Panel has been required, the team verifies that the borrower has taken the Panel's recommendations into consideration and, if necessary, assists the borrower in identifying sources for dam safety training or technical assistance.

9. The TT and the assigned Bank lawyer ensure that the legal agreements between the Bank and the borrower require the borrower

a. if a Panel has been required, to convene Panel meetings periodically during project implementation and retain the Panel through the start-up of a new dam;

b. to implement the required plans (see Annex A) and raise to the required standard any that have not been adequately developed; and

c. after filling and start-up of a new dam, to have periodic dam safety inspections performed by independent qualified professionals who have not been involved with the investigation, design, construction, or operation of the dam.

Supervision

10. During implementation, the TT monitors all activities relating to the dam safety provisions in the Loan Agreement, using technical staff and, as appropriate, consultants to assess the borrower's performance. If performance in regard to dam safety is found to be unsatisfactory, the TT promptly informs the borrower that the deficiencies must be remedied.

11. During the latter stages of project implementation, the TT discusses post-project operational procedures with the borrower, stressing the importance of ensuring that written instructions for flood operations and emergency preparedness are retained at the dam at all times. The TT also points out that the advent of new technology or new information (e.g., from floods, seismic events, or discovery of new regional or local geologic features) may in the future require the borrower to modify the technical criteria for evaluating dam safety; the TT urges the borrower to make such modifications and then apply the revised criteria to the project dam and, as necessary, to other dams under the borrower's jurisdiction.

12. To ensure that completed dams are inspected and maintained satisfactorily, Regional staff may carry out supervision beyond the closing date of the project, either during work on follow-up projects or during specially scheduled supervision missions.2

2 See OP/BP 13.05, Project Supervision.

These procedures were prepared for use by World Bank staff and are not necessarily a complete treatment of the subject. Additional copies are available for Bank staff in the Institutional Information Services Center, and to the public through the Public Information Center. THE WORLD BANK OPERATIONS MANUAL BP 4.37 - Annex A October, 2001 Bank Procedures Page 1 of 1

Dam Safety Reports: Content and Timing

1. Plan for construction supervision and quality assurance. This plan is provided to the Bank by appraisal. It covers the organization, staffing levels, procedures, equipment, and qualifications for supervision of the construction of a new dam or of remedial work on an existing dam. For a dam other than a water storage dam,1 this plan takes into account the usual long construction period, covering the supervision requirements as the dam grows in height--with any accompanying changes in construction materials or the characteristics of the impounded material--over a period of years. The task team uses the plan to assess the need to fund components under the loan to ensure that dam-safety-related elements of the design are implemented during construction.

2. Instrumentation plan. This is a detailed plan for the installation of instruments to monitor and record dam behavior and the related hydrometeorological, structural, and seismic factors. It is provided to an independent panel of experts (the Panel) and the Bank during the design stage, before bid tendering.

3. Operation and maintenance (O&M) plan. This detailed plan covers organizational structure, staffing, technical expertise, and training required; equipment and facilities needed to operate and maintain the dam; O&M procedures; and arrangements for funding O&M, including long-term maintenance and safety inspections. The O&M plan for a dam other than a water storage dam, in particular, reflects changes in the dam's structure or in the nature of the impounded material that may be expected over a period of years. A preliminary plan is provided to the Bank for use at appraisal. The plan is refined and completed during project implementation; the final plan is due not less than six months prior to the initial filling of the reservoir. Elements required to finalize the plan and initiate operations are normally financed under the project.2

4. Emergency preparedness plan. This plan specifies the roles of responsible parties when dam failure is considered imminent, or when expected operational flow release threatens downstream life, property, or economic operations that depend on river flow levels. It includes the following items: clear statements on the responsibility for dam operations decision making and for the related emergency communications; maps outlining inundation levels for various emergency conditions; flood warning system characteristics; and procedures for evacuating threatened areas and mobilizing emergency forces and equipment. The broad framework plan and an estimate of funds needed to prepare the plan in detail are provided to the Bank prior to appraisal. The plan itself is prepared during implementation and is provided to the Panel and Bank for review not later than one year before the projected date of initial filling of the reservoir.

1 For example, a mine tailings, ash impoundment, or slag storage dam.

2 In the dam safety practice of several countries, the operation and maintenance plan includes both the instrumentation plan and the emergency preparedness plan as specific sections. This practice is acceptable to the Bank, provided the relevant sections are prepared and finalized according to the timetable set out in this annex.

These procedures were prepared for use by World Bank staff and are not necessarily a complete treatment of the subject. Additional copies are available for Bank staff in the Institutional Information Services Center, and to the public through the Public Information Center. THE WORLD BANK OPERATIONS MANUAL OP 7.50 June, 2001 Operational Policies Page 1 of 1

This Operational Policy statement was revised in August 2004 to reflect the term "development policy lending" (formerly adjustment lending), in accordance with OP/ BP 8.60, issued in August 2004. Note: OP and BP 7.50 replace OP and BP 7.50, dated October 1994. Questions may be addressed to the Chief Counsel, Environmentally and Socially Sustainable Development and International Law. Projects on International Waterways

Applicability of Policy

1. This policy applies to the following types of international waterways:

a. any river, canal, lake, or similar body of water that forms a boundary between, or any river or body of surface water that flows through, two or more states, whether Bank1 members or not;

b. any tributary or other body of surface water that is a component of any waterway described in (a) above; and

c. any bay, gulf, strait, or channel bounded by two or more states or, if within one state, recognized as a necessary channel of communication between the open sea and other states-- and any river flowing into such waters.

2. This policy applies to the following types of projects:

a. hydroelectric, irrigation, flood control, navigation, drainage, water and sewerage, industrial, and similar projects that involve the use or potential pollution of international waterways as described in para. 1 above; and

b. detailed design and engineering studies of projects under para. 2(a) above, including those to be carried out by the Bank as executing agency or in any other capacity.

Agreements/Arrangements

3. Projects on international waterways may affect relations between the Bank and its borrowers and between states (whether members of the Bank or not). The Bank recognizes that the cooperation and goodwill of riparians is essential for the efficient use and protection of the waterway. Therefore, it attaches great importance to riparians' making appropriate agreements or arrangements for these purposes for the entire waterway or any part thereof. The Bank stands ready to assist riparians in achieving this end. In cases where differences remain unresolved between the state proposing the project (beneficiary state) and the other riparians, prior to financing the project the Bank normally urges the beneficiary state to offer to negotiate in good faith with the other riparians to reach appropriate agreements or arrangements.

1 "Bank" includes IBRD and IDA; "loans" include IDA credits and IDA grants; and "project" includes all projects financed under Bank loans or IDA credits, but does not include development policy lending programs supported under Bank loans and IDA credits; and "borrower" refers to the member country in whose territory the project is carried out, whether or not the country is the borrower or the guarantor.

These policies were prepared for use by World Bank staff and are not necessarily a complete treatment of the subject. Additional copies are available for Bank staff in the Institutional Information Services Center, and to the public through the Public Information Center. THE WORLD BANK OPERATIONS MANUAL OP 7.50 June, 2001 Operational Policies Page 2 of 2

Notification

4. The Bank ensures that the international aspects of a project on an international waterway are dealt with at the earliest possible opportunity. If such a project is proposed, the Bank requires the beneficiary state, if it has not already done so, formally to notify the other riparians of the pro-posed project and its Project Details (see BP 7.50, para. 3). If the prospective borrower indicates to the Bank that it does not wish to give notification, normally the Bank itself does so. If the borrower also objects to the Bank's doing so, the Bank discontinues processing of the project. The executive directors concerned are informed of these developments and any further steps taken.

5. The Bank ascertains whether the riparians have entered into agreements or arrangements or have established any institutional framework for the international waterway concerned. In the latter case, the Bank ascertains the scope of the institution's activities and functions and the status of its involvement in the proposed project, bearing in mind the possible need for notifying the institution.

6. Following notification, if the other riparians raise objections to the proposed project, the Bank in appropriate cases may appoint one or more independent experts to examine the issues in accordance with BP 7.50, paras. 8-12. Should the Bank decide to proceed with the project despite the objections of the other riparians, the Bank informs them of its decision.

Exceptions to Notification Requirement

7. The following exceptions are allowed to the Bank's requirement that the other riparian states be notified of the proposed project:

a. For any ongoing schemes, projects involving additions or alterations that require rehabilitation, construction, or other changes that in the judgment of the Bank (i) will not adversely change the quality or quantity of water flows to the other riparians; and (ii) will not be adversely affected by the other riparians' possible water use. This exception applies only to minor additions or alterations to the ongoing scheme; it does not cover works and activities that would exceed the original scheme, change its nature, or so alter or expand its scope and extent as to make it appear a new or different scheme. In case of doubt regarding the extent to which a project meets the criteria of this exception, the executive directors representing the riparians concerned are informed and given at least two months to reply. Even if projects meet the criteria of this exception, the Bank tries to secure compliance with the requirements of any agreement or arrangement between the riparians.

b. Water resource surveys and feasibility studies on or involving international waterways. However, the state proposing such activities includes in the terms of reference for the activities an examination of any potential riparian issues.

c. Any project that relates to a tributary of an international waterway where the tributary runs exclusively in one state and the state is the lowest downstream riparian, unless there is concern that the project could cause appreciable harm to other states.

These policies were prepared for use by World Bank staff and are not necessarily a complete treatment of the subject. Additional copies are available for Bank staff in the Institutional Information Services Center, and to the public through the Public Information Center. THE WORLD BANK OPERATIONS MANUAL OP 7.50 June, 2001 Operational Policies Page 3 of 3

Presentation of Loans to the Executive Directors

8. The Project Appraisal Document (PAD) for a project on an international waterway deals with the international aspects of the project, and states that Bank staff have considered these aspects and are satisfied that

a. the issues involved are covered by an appropriate agreement or arrangement between the beneficiary state and the other riparians; or

b. the other riparians have given a positive response to the beneficiary state or Bank, in the form of consent, no objection, support to the project, or confirmation that the project will not harm their interests; or

c. in all other cases, in the assessment of Bank staff, the project will not cause appreciable harm to the other riparians, and will not be appreciably harmed by the other riparians' possible water use. The PAD also contains in an annex the salient features of any objection and, where applicable, the report and conclusions of the independent experts.

These policies were prepared for use by World Bank staff and are not necessarily a complete treatment of the subject. Additional copies are available for Bank staff in the Institutional Information Services Center, and to the public through the Public Information Center. THE WORLD BANK OPERATIONS MANUAL BP 7.50 June, 2001 Bank Procedures Page 1 of 1

Note: OP and BP 7.50 replace OP and BP 7.50, dated October 1994. Questions may be addressed to the Chief Counsel, Environmentally and Socially Sustainable Development and International Law. Projects on International Waterways

1. A potential international water rights issue is assessed as early as possible during project identification1 and described in all project documents starting with the Project Information Document (PID). The task team (TT) prepares the project concept package, including the PID, in collaboration with the Legal Vice Presidency (LEG) to convey all relevant information on international aspects of the project. When the TT sends the project concept package to the Regional vice president (RVP), it sends a copy to the Vice President and General Counsel (LEGVP). Throughout the project cycle the Region, in consultation with LEG, keeps the managing director (MD) concerned abreast of the international aspects of the project and related events.

Notification

2. As early as possible during identification, the Bank2 advises the state proposing the project on an international waterway (beneficiary state) that, if it has not already done so, it should formally notify the other riparians of the proposed project giving available details (see para. 3). If the prospective borrower indicates to the Bank that it does not wish to give notification, normally the Bank itself does so. If the beneficiary state also objects to the Bank's doing so, the Bank discontinues processing of the project. The Region informs the executive directors concerned of these developments and of any further steps taken.

3. The notification contains, to the extent available, sufficient technical specifications, information, and other data (Project Details) to enable the other riparians to determine as accurately as possible whether the proposed project has potential for causing appreciable harm through water deprivation or pollution or otherwise. Bank staff should be satisfied that the Project Details are adequate for making such a determination. If adequate Project Details are not available at the time of notification, they are made available to the other riparians as soon as possible after the notification. If, in exceptional circumstances, the Region proposes to go ahead with project appraisal before Project Details are available, the country director (CD), via a memorandum prepared in consultation with LEG and copied to the LEGVP, notifies the RVP of all relevant facts on international aspects and seeks approval to proceed. In making this decision, the RVP seeks the advice of the MD concerned.

4. The other riparians are allowed a reasonable period, normally not exceeding six months from the dispatch of the Project Details, to respond to the beneficiary state or Bank.

1 See BP 10.00, Investment Lending: Identification to Board Presentation.

2 "Bank" includes IBRD and IDA; "loans" include IDA credits and IDA grants; and "projects" includes all projects financed under Bank loans or IDA credits, but does not include development policy lending programs supported under Bank loans and IDA credits; and "borrower" refers to the member country in whose territory the project is carried out, whether or not the country is the borrower or the guarantor.

These procedures were prepared for use by World Bank staff and are not necessarily a complete treatment of the subject. Additional copies are available for Bank staff in the Institutional Information Services Center, and to the public through the Public Information Center. THE WORLD BANK OPERATIONS MANUAL BP 7.50 June, 2001 Bank Procedures Page 2 of 2

Responses/Objections

5. After giving notice, if the beneficiary state or Bank receives a positive response from the other riparians (in the form of consent, no objection, support to the project, or confirmation that the project will not harm their interests), or if the other riparians have not responded within the stipulated time, the CD, in consultation with LEG and other departments concerned, addresses a memorandum to the RVP. The memorandum reports all relevant facts, including staff assessment of whether the project would (a) cause appreciable harm to the interests of the other riparians, or (b) be appreciably harmed by the other riparians' possible water use. The memorandum seeks approval for further action. In making this decision, the RVP seeks the advice of the MD concerned.

6. If the other riparians object to the proposed project, the CD, in collaboration with LEG and other departments concerned, sends a memorandum on the objections to the RVP and copies it to the LEGVP. The memorandum addresses

a. the nature of the riparian issues;

b. the Bank staff's assessment of the objections raised, including the reasons for them and any available supporting data;

c. the staff's assessment of whether the proposed project will cause appreciable harm to the interests of the other riparians, or be appreciably harmed by the other riparians' possible water use;

d. the question of whether the circumstances of the case require that the Bank, before taking any further action, urge the parties to resolve the issues through amicable means such as consultations, negotiations, and good offices (which will normally be resorted to when the other riparians' objections are substantiated); and

e. the question of whether the objections are of such a nature that it is advisable to obtain an additional opinion from independent experts in accordance with paras. 8-12.

7. The RVP seeks the advice of the MD concerned and the LEGVP, and decides whether and how to proceed. On the basis of these consultations, the RVP may recommend to the MD concerned that the Operations Committee consider the matter. The CD then acts upon either the Operations Committee's instructions, which are issued by the chairman, or the RVP's instructions, and reports the outcome in a memorandum prepared in collaboration with LEG and other departments concerned. The memorandum, sent to the RVP and copied to the LEGVP, includes recommendations for processing the project further.

Seeking the Opinion of Independent Experts

8. If independent expert opinion is needed before further processing of the project (see OP 7.50, para. 6), the RVP requests the Vice President, Environmentally and Socially Sustainable Development (ESDVP) to initiate the process. The Office of the ESDVP maintains a record of such requests.

9. The ESDVP, in consultation with the RVP and LEG, selects one or more independent experts from a roster maintained by ESDVP (see para. 12). The experts selected may not be nationals of any of

These procedures were prepared for use by World Bank staff and are not necessarily a complete treatment of the subject. Additional copies are available for Bank staff in the Institutional Information Services Center, and to the public through the Public Information Center. THE WORLD BANK OPERATIONS MANUAL BP 7.50 June, 2001 Bank Procedures Page 3 of 3

the riparians of the waterways in question, and also may not have any other conflicts of interest in the matter. The experts are engaged and their terms of reference prepared jointly by the offices of the ESDVP and the RVP. The latter finances the costs associated with engaging the experts. The experts are provided with the background information and assistance needed to complete their work efficiently.

10. The experts' terms of reference require that they examine the Project Details. If they deem it necessary to verify the Project Details or take any related action, the Bank makes its best efforts to assist. The experts meet on an ad hoc basis until they submit their report to the ESDVP and the RVP. The ESDVP or RVP may ask them to explain or clarify any aspect of their report.

11. The experts have no decision-making role in the project's processing. Their technical opinion is submitted for the Bank's purposes only, and does not in any way determine the rights and obligations of the riparians. Their conclusions are reviewed by the RVP and ESDVP, in consultation with the LEGVP.

12. The ESDVP maintains, in consultation with the RVPs and LEG, the roster of highly qualified independent experts, which consists of 10 names and is updated at the beginning of each fiscal year.

Maps

13. Documentation for a project on an international waterway includes a map that clearly indicates the waterway and the location of the project's components. This requirement applies to the PAD, the Project Information Document (PID), and any internal memoranda that deal with the riparian issues associated with the project. Maps are provided for projects on international waterways even when notification to riparians is not required by the provisions of OP 7.50. Maps are prepared and cleared in accordance with Administrative Manual Statement 7.10, Cartographic Services, and its annexes.

14. However, the inclusion of maps in the cited documents, except internal memoranda, is subject to any general instruction or decision of the Regional vice president, taken in consultation with the Vice President and General Counsel, to omit maps of the beneficiary state in their entirety or in part.

These procedures were prepared for use by World Bank staff and are not necessarily a complete treatment of the subject. Additional copies are available for Bank staff in the Institutional Information Services Center, and to the public through the Public Information Center. THE WORLD BANK OPERATIONS MANUAL OP 7.60 June, 2001 Operational Policies Page 1 of 1

Note: OP and BP 7.60 replace OP and BP 7.60, dated November 1994. Questions may be addressed to the Chief Counsel, Environmentally and Socially Sustainable Development and International Law. Projects in Disputed Areas

1. Projects1 in disputed areas may raise a number of delicate problems affecting relations not only between the Bank and its member countries, but also between the country in which the project is carried out and one or more neighboring countries. In order not to prejudice the position of either the Bank or the countries concerned, any dispute over an area in which a proposed project is located is dealt with at the earliest possible stage.

2. The Bank may support a project in a disputed area if the governments concerned agree that, pending the settlement of the dispute, the project proposed for country A should go forward without prejudice to the claims of country B.

Presentation of Loans to the Executive Directors

3. For every project in a disputed area, Bank staff consider the nature of the dispute. The Project Appraisal Document (PAD) for a project in a disputed area discusses the nature of the dispute and affirms that Bank staff have considered it and are satisfied that either

a. the other claimants to the disputed area have no objection to the project; or

b. in all other instances, the special circumstances of the case warrant the Bank's support of the project notwithstanding any objection or lack of approval by the other claimants. Such special circumstances include the following

i. that the project is not harmful to the interest of other claimants, or

ii. that a conflicting claim has not won international recognition or been actively pursued. In all cases, the project documentation bears a disclaimer stating that, by supporting the project, the Bank does not intend to make any judgment on the legal or other status of the territories concerned or to prejudice the final determination of the parties' claims. The Legal Vice Presidency prepares the relevant portions of the project documentation.

1 "Bank" includes IBRD and IDA; "loans" include IDA credits and IDA grants; and "projects" includes all projects financed under Bank loans or IDA credits, but does not include development policy lending programs supported under Bank loans and IDA credits.

These policies were prepared for use by World Bank staff and are not necessarily a complete treatment of the subject. Additional copies are available for Bank staff in the Institutional Information Services Center, and to the public through the Public Information Center. THE WORLD BANK OPERATIONS MANUAL BP 7.60 June, 2001 Bank Procedures Page 1 of 1

This Bank Procedures statement was revised in August 2004 to reflect the term "development policy lending" (formerly adjustment lending), in accordance with OP/BP 8.60, issued in August 2004. Note: OP and BP 7.60 replace OP and BP 7.60, dated November 1994. Questions may be addressed to the Chief Counsel, Environmentally and Socially Sustainable Development and International Law. Projects in Disputed Areas

1. The presence of any territorial dispute affecting a proposed Bank project1 is ascertained as early as possible and described in all project documents starting with the initial Project Information Document (PID). The country director (CD), through the Regional vice president (RVP), promptly brings the dispute to the attention of the managing director (MD) concerned and the Vice President and General Counsel (LEGVP), and keeps them informed of the dispute throughout the project processing.

2. For this purpose, the CD prepares, in close collaboration with the Legal Vice Presidency (LEG) and in consultation with other departments concerned, a memorandum to be submitted to the MD concerned through the RVP and copied to the LEGVP. The memorandum

a. conveys all pertinent information on the international aspects of the project, including information as to the procedure followed and the outcome of any earlier projects the Bank may have considered in the disputed area;

b. makes recommendations for dealing with the issue; and

c. seeks approval for taking the actions recommended and for proceeding with project processing.

3. Following project preparation, the full details of the dispute and the basis for the decision on whether to proceed to appraisal are included in the transmittal memorandum for the revised decision package. This memorandum, addressed to the RVP and copied to the LEGVP, is prepared in close collaboration with LEG and in consultation with other departments concerned. Based on the information in the memorandum, the RVP, on the advice of the MD concerned (who consults with the LEGVP), decides whether to proceed with appraisal.

4. The MD concerned may, in consultation with the LEGVP, decide at any stage of the project cycle to inform the executive directors concerned of the proposed project and the dispute.

Maps

5. For the delineation of boundaries on maps concerned, the applicable guidelines appear in Administrative Manual Statement 7.10, Cartographic Services, and its annexes. However, the inclusion

1 Bank" includes IDA; "loans" include IDA credits and grants; and "projects" includes all projects financed under Bank loans or IDA credits, but does not include development policy lending programs supported under Bank loans and IDA credits.

These procedures were prepared for use by World Bank staff and are not necessarily a complete treatment of the subject. Additional copies are available for Bank staff in the Institutional Information Services Center, and to the public through the Public Information Center. THE WORLD BANK OPERATIONS MANUAL BP 7.60 June, 2001 Bank Procedures Page 2 of 2

of maps in the PAD and other project documentation is subject to any general instruction or decision of the RVP, taken in consultation with the LEGVP, to omit maps of the country concerned in their entirety or in part.

These procedures were prepared for use by World Bank staff and are not necessarily a complete treatment of the subject. Additional copies are available for Bank staff in the Institutional Information Services Center, and to the public through the Public Information Center.