COMPENDIUM OF SUMMARIES OF JUDICIAL DECISIONS IN ENVIRONMENT RELATED CASES

SRI LANKA

Sri Lanka - Public Nuisance

APPEAL BY W.I.A.B. FERNANDO AND OTHERS AGAINST ISSUE OF ENVIRONMENTAL PROTECTION LICENCE TO THAHA PLASTIC INDUSTRIES LTD.

APPEAL NO. 3/95
S.D. SABARATNAM, ACTING SECRETARY, MINISTRY OF ENVIRONMENT

Introduction

Appellants, seven persons who were neighbours of Thaha Plastic Industries Ltd., appealed against the grant of an Environmental Protection Licence ("EPL") to Thaha Plastic Industries Ltd., by the Central Environment Authority.

Legislative Framework

Section 23E National Environmental Act No. 47 of 1980.

Held

The Acting Secretary, Ministry of the Environment, responded to the appeal, and stated that section 23E of the National Environmental Act only allowed him to entertain and decide appeals from an applicant for an EPL where an EPL was refused, suspended, cancelled or not renewed. The Acting Secretary stated he did not have jurisdiction to entertain an appeal from neighbours objecting to the grant of an EPL. Thus, he was required to formally dismiss the appeal.

The Acting Secretary did, however, attach a circular issued by the Inspector-General of Police regarding public nuisance. He also referred the appellants to the CEA, with instructions that the noise levels of the industry should be checked by an independent body. He stated that if the industrialist was found to have violated the conditions of the EPL, these neighbours could request a formal investigation, and if the violations were proved, the CEA could cancel or suspend the EPL.