• New regulations and permit systems for chem. imports/exports, EPR implementation via collection targets/fines, wetland conservation mechanisms, action against LG bodies/pvt. cos. on waste mgt., to monetise environmental harm as compensation, direct prosecutorial power 

The Central Environmental Authority (CEA) is scheduled to gain broad new enforcement powers under the proposed revisions to the National Environmental Act (NEA), No. 47 of 1980, which include amendments for around 28 chapters with increased regulatory control and legal responsibility. 

Speaking to The Daily Morning, the CEA Director General Kapila Mahesh Rajapaksha highlighted certain key areas of enforcement, including chemical, plastic and municipal waste management, wetland protection, and environmental damage compensation. 

Under the amended provisions, the CEA will introduce new regulations and permit systems to regulate chemical importation and exportation, an area which currently lacks CEA’s oversight. 

The implementation of the extended producer responsibility (EPR), a widely utilised international policy which is enforced in Sri Lanka in a limited manner (Supreme Court case law) due to the lack of explicit legal provisions, is a major focus of the new amendment. The EPR policy makes the producers responsible for the management of the lifecycle of their products, especially at the collection, recycling and disposal stages.  “With the new amendment, there will be a specific chapter enabling the implementation of the EPR”, he said, emphasising how plastic producers will be held responsible and legally bound to manage (recycle and dispose) the waste generated by their products. Under this system, producers will be given a collection target of what they introduce to the market. In the event of the failure to fulfil the said target, the said producers will be held financially accountable through fines.

In addition, he explained that wetlands, which are particularly sensitive regions following the recent disaster, will be regulated under new legal mechanisms with the new amendments. He further explained how although some wetlands are protected under existing laws, many ecologically important wetlands remain outside conservation mechanisms.  “With the new provisions, the CEA will be able to control and regulate wetlands that are currently under no conservation mechanism,” he added. 

At present, the CEA’s involvement is limited in scope for looking after and giving guidelines in matters of waste management conducted by the Local Government (LG) authorities. But, the amendment significantly empowers the CEA to take legal actions against both LG authorities and private companies on the failure to manage municipal waste. “Within the new amendment, the CEA will have legal rights against any Local authority or private company that fails to manage its waste,” he clarified, stating that enforcement could be in the form of court cases or fine schemes, depending on the regulations. 

Under the new provisions, the CEA will be authorised to evaluate environmental harm and convert it to a monetary value, and demand compensation from those who are responsible. As at present, the CEA lacks authority to assess these damages and recover compensations from offenders. 

The revised amendment will also be granting the CEA with direct prosecution power in certain areas.

He further addressed having staff shortages for which all the required approvals have been granted to authorise new recruitments. “The recruitment process is ongoing, and by March or April of next year (2026), we expect to have fulfilled the sufficient human resources to carry out these implementations and other responsibilities,” he said.