Issuance of Environmental Protection License
1. Introduction
An Environmental Protection License (EPL) is a license that must be obtained from the Central Environmental Authority (CEA) before carrying out any such industry or activity, according to orders made by the Minister of Environment to formalize and control certain industries or activities to minimize adverse environmental impacts, under the powers vested by the National Environmental Act No. 47 of 1980.
Note:
i. Under the above orders, the power to issue Environmental Protection Licenses is vested with the Central Environmental Authority.
ii. The authority vested with the Central Environmental Authority to issue an Environmental Protection License required to carry on a certain industry has been delegated to local authorities by the Minister under Section 26 of the said National Environmental Act.
iii. A local authority will accept applications for issuing Environmental Protection Licenses only for the industries mentioned in the said annexure, and for other industries, a license issued by the Central Environmental Authority must be obtained.
2. Legal Authority
(a) National Environmental Act No. 47 of 1980;
(b) Orders made by the Minister under the said Act, published in the Gazette up to 2022.01.27.
3. Eligibility
(a) Must be a person who intends to start an industry within the local authority's jurisdiction, or who is carrying on such an industry.
(b) Must have fulfilled the conditions specified by the orders made by the Minister.
4. Procedure to be followed by Local Authorities when implementing the Environmental Protection License Scheme
4.1 The annexure to the Extraordinary Gazette Notification No. 2264/18 published on 2022.01.27 introduces 199 industries/activities belonging to lists \"A\", \"B\", \"C\", and \"D\". These activities are known as prescribed activities that require an Environmental Protection License.
4.2 Authority to issue Environmental Protection Licenses for 39 activities contained in list \"D\" has been delegated to local authorities.
5. Fee
(a) The inspection fee charged for the process is as follows according to the capital of the business:
| No. | Investment (Rs.) | Inspection Fee (Rs.) |
|---|---|---|
| 01 | 250,000 or less | 3,000.00 |
| 02 | More than 250,001 but up to 500,000 | 3,750.00 |
| 03 | More than 500,001 but up to 1,000,000 | 5,000.00 |
| 04 | More than 1,000,000 | 10,000.00 |
(c) Environmental Protection License fee is Rs. 4,950.00.
6. Documents to be Submitted
(a) Environmental Protection License Application Form (available from the front office or the Central Environmental Authority website).
(b) A sketch of the road to the location of the industry or business.
(c) Certified copy of the Business Registration Certificate.
(d) Approved building plan and compliance certificate of the relevant location.
(e) Certified copy of the approved survey plan of the land.
(f) Details of the number of employees engaged in the work.
Note: The building where the industry is carried on must be one constructed specifically for that purpose, and the above-mentioned approved building plan and compliance certificate must be accordingly.
7. Application Procedure
| Procedure | Time Period | Authority |
|---|---|---|
| Obtaining the application form from the Sabha's website or front office, completing it correctly, and submitting it to the front office with required attachments | Before starting the industry or before the validity period of a previously obtained license expires | Applicant |
| Accepting the application with relevant attachments, charging the registration fee, issuing a receipt and a follow-up number to the applicant | Immediately upon accepting the application | Front Office Officer |
| Referring the application file with attachments to the Environmental Subject Officer / Environmental Officer | Immediately upon accepting the application | Front Office Officer |
| Referring the application file with attachments to the Inspection Committee and notifying the applicant of the date for field inspection | Immediately upon receiving the application | Environmental Subject Officer / Environmental Officer |
| Conducting the field inspection and submitting the report with observations and recommendations to the Secretary | Within 7 days from the date of receiving the application | Inspection Committee |
| Issuing an order to prepare the Environmental Protection License | Within 2 days from the date of receiving the recommended report | Secretary |
| Preparing the Environmental Protection License and submitting for signature | Immediately upon receiving the order | Environmental Subject Officer / Environmental Officer |
| Signing the Environmental Protection License | On the same day the prepared license is received | Chairman |
| Handing over or sending by post the Environmental Protection License to the applicant | On the same day or the day after receiving the signed license | Environmental Subject Officer / Environmental Officer |
Note:
1. Upon accepting the application, its accuracy should be checked. If there are any deficiencies, the application should be accepted with instructions to correct them, or rejected.
2. Composition of the Inspection Committee: Secretary, Public Health Inspector, Technical Officer, and Environmental Officer.
3. Approved building plan and compliance certificate are required when renewing the license.
8. When the Environmental Technical Committee Does Not Recommend the Application
| Procedure | Time Period | Authority |
|---|---|---|
| If the application is not recommended, notifying the reasons and the requirements to be fulfilled for reconsideration | Within 2 days from the date of receiving the recommended report | Secretary |
| Reporting that requirements have been fulfilled | - | Applicant |
| Following the further procedural steps in section 6 | - | - |
9. Renewal of Environmental Protection License
9.1 A license of category \"D\" is valid only for a period not less than 03 years from the date of issue.
9.2 The Environmental Protection License should be renewed 03 months before the date it becomes invalid.
10. Appeal Procedure When License Issuance is Refused
| Procedure | Time Period | Authority |
|---|---|---|
| Appealing by the applicant to the Secretary of the Ministry of Environment | Within 30 days of receiving the refusal notice | Applicant |
| Conducting the appeal inquiry | Within 07 days of receiving the appeal | Secretary of the Ministry of Environment |
| Issuing the decision on the appeal | - | Secretary of the Ministry of Environment |
Note: This appeal opportunity is provided under Section 23E of the National Environmental Act No. 47 of 1980. The decision of the Secretary of the Ministry of Environment regarding the appeal shall be final.