- Tougher powers for regulators
- Polluters, producers to face greater accountability
The amended National Environmental Act is expected to be gazetted within the coming weeks, marking the first major overhaul of Sri Lanka’s environmental legislation in more than two decades, Environment Minister Dr. Dammika Patabendi reveals.
Speaking to The Sunday Morning, the Minister said that the draft had already been sent to the Government Printer for publication, expressing confidence that the process would be completed soon.
“It has been 25 years since the National Environmental Act was updated,” Patabendi said, describing the proposed legislation as a long-awaited modernisation of the country’s legal framework.
He said the new law was designed to align with global standards and address weaknesses in previous regulations that had failed to adequately prevent environmental pollution and damage.
One of the most significant changes under the proposed act is stronger enforcement powers for regulators. Patabendi said that under the existing framework, authorities were often limited to issuing recommendations without the legal authority to ensure compliance.
“In the past, some provisions of the National Environmental Act were not sufficient. We could only provide recommendations to institutions. But now we have been able to include provisions that allow us to take action if the recommendations we issue are not implemented.”
The Minister said that the act would also introduce modern environmental management concepts such as Strategic Environmental Assessments (SEAs) and Extended Producer Responsibility (EPR), placing responsibility on manufacturers for the full lifecycle of their products.
“Institutions must inform us about the volume of plastic products they manufacture. They are required to collect them. We will be monitoring and investigating that process,” he said.
The Cabinet approved amendments to Sri Lanka’s Central Environmental Authority (CEA)-administered National Environmental Act No.47 of 1980 in December 2025, paving the way for the first major reforms in 25 years. According to the ministry, the changes include tighter controls on waste disposal, pollution, chemical management, and accountability mechanisms for local authorities.
Meanwhile, CEA Chairman Prof. Tilak Hewawasam outlined several new powers expected under the revised law. He stated that obtaining an environmental recommendation before commencing prescribed activities would become a mandatory legal requirement, with failure to do so punishable by law.
He added that the criteria for suspending or cancelling Environmental Protection Licences (EPLs) had been expanded, including when operators failed to prevent serious industrial accidents. Authorities will also be able to seek court orders for the temporary closure of industries operating without valid licences.
Prof. Hewawasam said that the amended law would also strengthen hazardous waste regulation, making the import or export of such waste without written CEA approval a punishable offence. A technical expert committee is also expected to be appointed to oversee compliance.
For the first time, the Polluter Pays Principle (PPP) is also to be formally recognised through Natural Resource Damage Assessments (NRDAs), allowing the State to scientifically assess environmental damage and recover restoration costs from responsible parties.
In addition, offences related to air, water, noise, and vibration pollution are to be classified as cognisable offences, enabling arrests without warrants. The CEA will also be empowered to seek court orders to remove unauthorised constructions deemed harmful to the environment.
The CEA Chairman further explained that Government agencies would be required to carry out SEAs of proposed policies, strategies, and plans before implementation to better integrate sustainability into decision-making.
However, environmental groups and experts have raised concerns over the lack of transparency surrounding the drafting process. They noted that while the Government had publicly announced the preparation of a new bill, the draft had not been released for public review yet and no stakeholder consultations had been held.
They also warned that relying heavily on proposals developed 15–16 years ago may be inadequate given evolving climate risks, rising pollution levels, and changes in international environmental standards.