Issue of Environmental Protection Licenses

1.     Introduction

Environmental Protection Licenses (EPL) is a license to be obtained from the Central Environment Authority before the commencement of any industry or activity that may cause adverse effects to the environment in terms of the regulations made by the Minister in charge of the subject of Environment to regulate and control such industries or activities by virtue of the powers vested in the Minister under the National Environment Act, No. 47 of 1980 in order to reduce the adverse effects that may occur to the environment by certain industries or activities.

.Note: i.   According to the above regulations, the power to issue environmental protection licenses has been vested in the Central Environment Authority.

ii.   The powers vested in the Central Environment Authority to issue an environmental protection license to be obtained for carrying on any industry specified in Annexure 01 hereof, have been delegated by the Minister to the local authorities under Section 26 of the said National Environment Act.

iii. A local authority will accept applications for the issue of environmental protection licenses only in respect of the industries mentioned in the said annexure and in respect of other industries a license issued by the Central Environment Authority should be obtained.     

2.     Applicable Legislation

        (a)   National Environment Act, No. 47 of 1980; and

        (b)   Regulations made by the Minister and published in the gazette until 2022.01.27 as shown in the Annexure 02 hereof. 

3.     Eligibility

        (a)   Should be a person who carries on or intends to commence an industry stipulated in Annexure 01 hereof, within the limits of the local authority.

        (b)   Should have fulfilled the requirements as required by the regulations made by the Minister.

4.     Free

        (a)   Application fee Rs. 200.00

        (b)   Depending on the capital investment of the business, the Inspection fee charged for the process is as follows:

	Investment (Rs.)	Inspection Fee (Rs.)
01	250,000 or less	3,000.00
02	More than 250,001 up to 500,000	3,750.00
03	More than 500,001 up to 1,000,000	5,000.00
04	More than 1,000,000	10,000.00

        (c)   Environmental Protection License fee is  Rs. 3,000.00.

5.      Documents to be submitted

(a)  Application for EPL (can be obtained from the Front Office or from the website of the Central Environmental Authority)

(b)  Rough sketch of the route to the place of industry or business.

(c)  Details of the staff to be deployed.

(d)  A certified copy of the Business Registration

(e)  A copy of the deed of the land where the business is carried on

(f)  If the person who carries on the industry/business does not own the land, the agreement entered into with the owner, if any, or a certified copy of the consent letter of the owner

(g)  A certified copy of the approved survey plan of the land

(h)  Approved building plan and the Certificate of Conformity of the relevant place.

Note: 1.  The building in which the industry is carried out should be purpose built and the approved building plan and certificate of Conformity mentioned above should be in accordance therewith.

           2.   In the renewal of the EPL the documents mentioned at (d), (e), (f), (g), and (h) need not be submitted.

6.     Application Procedure

Procedure	Duration	Responsibility
Obtain application form from either the website of the local authority or from the Front Office, duly complete and handover to Front Office together with necessary annexures	Before commencing the industry or before the expiry of validity of the EPL obtained earlier	Applicant
Receive application with relevant annexures, charge processing fee and issue receipt and tracking number to applicant	Immediately upon receiving application	Officer of Front Office
Forward the file containing application with annexures to Officer in charge of the subject of Environment/ Environment Officer	Immediately upon receiving application	Officer of Front Office
Refer the file containing application with annexures to Inspection Committee and inform applicant the date of the scheduled field inspection	Immediately upon receiving application	Officer in charge of the subject of Environment/ Environment Officer
Conduct the field inspection and forward the report containing observations and recommendations to Secretary	Before the lapse of 7 days from receiving application	Inspection Committee
Issue orders to prepare the EPL	Within 2 days from receiving the report containing observations and recommendations	Secretary
Prepare EPL and submit for signature	Immediately upon receiving orders	Officer in charge of the subject of Environment/ Environment Officer
Sign the EPL	On the day the EPL is received	Secretary
Hand over EPL to applicant or dispatch it by post	On the day itself or the following  day the signed EPL is received	Officer in charge of the subject of Environment/ Environment Officer

        Note: 1.  At the time of receiving the application, the accuracy thereof should be checked.  Necessary instructions should be given to rectify shortcomings if any, and accept or reject the application.

                    2.  Composition of the Inspection Committee: – Secretary, Public Health Inspector, Technical Officer, and Environment Officer 

                    3.  In the renewal of the EPL, approved building plan and Certificate of Conformity are not necessary.

7.     When the Environment Technical Committee does not recommend the application,

Procedure	Duration	Responsibility
When the application not recommended, inform applicant of the reasons for rejection and of the requirements to be fulfilled for reconsideration	Within 2 days from receiving the report with recommendations	Secretary
Report the fulfilment of requirements		Applicant
Follow rest of the procedure at paragraph 6

8.     Appeal procedure when the issue of EPL is rejected:

Procedure	Duration	Responsibility
Make appeal to Secretary, Ministry in charge of the subject of Environment	Before the lapse of 30 days from receiving the rejection notice	Applicant
Hear the appeal	Within 7 days from receiving the appeal	Secretary, Ministry in charge of the subject of Environment
Issue the determination about the appeal		Secretary, Ministry in charge of the subject of Environment

            Note:    Section 23 E of the National Environment Act, No. 47 of 1980 provides for making appeals. The determination of the Secretary, Ministry in charge of the subject of Environment regarding the appeal is final.