One Response to “Sri Lanka to introduce Public Enterprise Act next month: Malik , Author LBO…..News Item………..”
Posted on August 8th, 2016

Sarath Obeysekera

plumblossomSays:
August 6th, 2016 at 4:15 am

Mr. Sarath Obeysekara Sir,

Prior to initiating any project you must carry out a feasibility study. For this you will have to hire a consultancy. Once you have carried out your feasibility study, you will have to approach the CEA and provide them with your feasibility study report and proposed plans etc. and the CEA will ask you to carry out an initial environmental examination or an environmental impact assessment. For this, you will have to hire a specialist consultancy. Once you have carried out your IEE or EIA to the satisfaction of the CEA, then only will you get the permission from the CEA to go ahead with the proposed project. This process is so that your project complies with the environmental laws of the country, especially the ecological aspects etc.

Additionally you will have to comply with resettlement and compensation issues if your project inconveniences or displaces any persons etc. To comply with the country’s resettlement and compensation legislation. you will have to hire sociologist and will have to come up with a resettlement plan depending on your individual situation. Any in event, you will have to comply with the national resettlement and compensation legislation.

Once you obtain the necessary permission from the CEA, and prior to the pre-construction stage, you and your contractor will have to obtain a whole host of permissions from a wide variety of agencies, departments, ministries etc. for example, if you are digging up a roadside, obtaining water for construction purposes, obtaining electricity for construction purposes, if your construction activities displaces existing utilities, if your construction activities affect traffic flow, inconveniences the community, comply with all health and safety issues of workers etc. A whole host of agencies, PSs, municipal councils, departments will have to be approached to obtain the necessary permissions.

You will have to go through this process since this is to comply with the country’s legislation that is there to safeguard the country’s natural environment and minimise any socio economic issues that may arise. Other countries may have much worse draconian legislation than even Sri Lanka. Therefore you should not complain but go through the necessary process since these laws are there to safeguard Sri Lanka’s natural environment and any socio economic issues that may arise.

Reply

Mt Plumblosom

Your response to my opinion seems misconstrued .I am quite aware the procedures to be followed.

I have initiated few development projects in Galle and Colombo and Trinco. Galle project took three years to clear the hurdles and by that time Investor bolted away

My problem is not the procedures to safeguard our environment and solve problems of social impact .

Problem is how long it takes and how much money an investor has to spend underhand

My proposal is to streamline the implementation of those draconian laws and expedite the approval process The writer seems to be well conversant with the procedure, but he may have not gone through the mill to feel the frustration!

Sarath Obeysekera

2 Responses to “One Response to “Sri Lanka to introduce Public Enterprise Act next month: Malik , Author LBO…..News Item………..””

  1. plumblossom Says:

    Mr Sarath Obeysekara Sir,

    First, of all nothing needs to be spent underhand and the laws of the country of course reasonably draconian of course. I feel you are missing my point completely. There are numerous acts, legislation and regulations not just to safeguard the environment but to ensure that proper compensation is paid to those in the community adversely affected by any project and also numerous labour laws that need to be complied with.

    As I mentioned, this process is not tedious but is the best way to ensure that any project complies with all these acts, legislation and regulations, has the consent of the community and complies with labour laws. First of all you need to carry out a feasibility study using a specialist consultancy who does such studies. Then with your draft design and the feasibility report you need to approach the CEA. The CEA will study all the material relevant to the project and decide whether it needs an IEE, EIA or just an EMP etc. So then you need to carry out your IEE, EIA and draft an EMP etc. During this process, your draft design will have to be modified to ensure that all resettlement and compensation legislation and environmental legislation is complied with.

    Once the IEE or EIA process is completed the CEA will, if they are satisfied, grant you permission to proceed. Therefore then you can hire your contractor to carry out the construction of the project. Any experienced contractor will study the EMP and come up with their own EMAP, they will acquire all the permissions needed as stated below by me and ensure all labour laws are complied with, most especially regarding health and safety issues of workers on-site.

    These are the procedures followed all over the world when initiating, carrying out and completing any project. It does take a little bit of time. However, is it not a good idea that your project is environmentally reasonably sound, is accepted by the community wholeheartedly, is agreeable to the contractor and is it not a good idea to hire a contractor who cares about their workers? This is what this procedure ensures. Also this is the procedure followed when completing all the small, medium and large scale projects within the country so far.

    Additionally, one more point, all those countries who are harassing Sri Lanka at present i.e. the US,UK,EU, Canada, Norway, Sweden and India somehow suggesting that our Armed Forces, our judiciary, our police, our civil defence forces and even Sri Lankan citizens are (according to them) suspect, does not know the law etc. are these procedures etc. not a good answer to give them i.e. we do know procedure etc. although they are suggesting we do not? The US is even trying to teach us about human rights when they are imperialistic and human rights violators on a massive scale all over the world. These countries the US,UK,EU, Canada, Norway, Sweden and India (someone called them ‘mankolla kalliyak’) do not follow procedure at all outside their own countries and just bomb any country they please and steal those country’s resources.

    About investors, any genuine investor will see the value of following such a procedure since it will mean a more successful project in the end and a satisfied community.

    I have written below in detail what is mentioned about with further justifications:

    Prior to commencement of any project you will have to carry out a feasibility study. For this, you can hire a specialist agency who carries out feasibility studies. Once you have carried out the feasibility study and drawn up a draft design plan, you will have to approach with both, the CEA. The CEA will then let you know whether to conduct an initial environmental examination or an environmental impact assessment. For this, you will have to hire specialist agencies who carry out IEEs and EIAs. During this process, you will have to modify your draft design to comply with the country’s environmental legislation. The good thing about this process is that the final design then will be the most efficient which also complies with the country’s environmental legislation.

    As part of the IEE or EIA process, you will have to draw up an environmental management plan. The EMP will carry out practically on the ground what is recommended in the IEE or the EIA. The contractor will also be complied to carry out the EMP while constructing the project and the contractor will draw up his own EMAP or environmental management action plan.

    Once the IEE or the EIA is completed, the CEA will issue the required permission to go ahead with the proposed project.
    Additionally you will have to comply with resettlement and compensation issues if your project inconveniences or displaces any persons etc. to comply with the country’s resettlement and compensation legislation. you will have to hire a sociologist and will have to come up with a resettlement plan depending on your individual situation. Any in event, you will have to comply with the national resettlement and compensation legislation. The good thing about drawing up a resettlement plan is so that the community is satisfied with the project overall since all required resettlement and compensation issues will be covered by the resettlement plan.

    Once you obtain the necessary permission from the CEA, and prior to the pre-construction stage, you and your contractor will have to obtain a whole host of permissions from a wide variety of agencies, departments, ministries etc. for example, if you are digging up a roadside, obtaining water for construction purposes, obtaining electricity for construction purposes, if your construction activities displaces existing utilities, if your construction activities affect traffic flow, inconveniences the community, comply with all health and safety issues of workers etc. A whole host of agencies, PSs, municipal councils, departments will have to be approached to obtain the necessary permissions. A main issue here is to comply with the labour laws of the country in particular health and safety issues of workers on-site. Requirements of labour will be covered in the EMP and the EMAP.

    You will have to go through this process since this is to comply with the country’s legislation that is there to safeguard the country’s natural environment and minimise any socio economic issues that may arise as well as comply with all the labour laws of the country. Other countries may have much worse draconian legislation than even Sri Lanka. Therefore you should not complain but go through the necessary process since these laws are there to safeguard Sri Lanka’s natural environment and any socio economic issues that may arise.

  2. plumblossom Says:

    Sir,
    To be helpful further, you talk about needing to approach the CEA,CCD,MEEPA,SLPA ,UDA, Fishery Corporation etc.

    The procedure is to carry out a feasibility study first and then to come up with a draft design of your proposed project. Then with this information you must approach the CEA.

    The CEA will study all the material i.e. the feasibility report and the draft design etc. and they will themselves consult liaise with all relevant authorities i.e. the CCD,MEEPA,SLPA ,UDA, Fishery Corporation etc. and together they will decide (according to acts, legislation and regulations) whether you will have to carry out an IEE or an EIA or just draw up an EMP etc. The CEA will provide you a Terms of Reference or ToR of the IEE or EIA you need to carry out for which you will have to hire a specialist consultancy.

    As part of the let us say IEE or EIA process, all relevant authorities will be consulted i.e. the CCD,MEEPA,SLPA ,UDA, Fishery Corporation etc. who are relevant to your project and they will provide the consultants carrying out the IEE or EIA their input. Accordingly, you will have to modify your draft design several times so that all environmental regulations, acts and legislation are complied with and so that the relevant authorities are satisfied. Each of those authorities provide their input so that your project complies with the individual acts, regulations and laws which are covered by each of those individual authorities.

    Therefore, by the time the IEE or the EIA process is completed all the necessary permissions from let us say the CCD,MEEPA,SLPA ,UDA, Fishery Corporation etc. will be obtained and as I said your draft design would have been modified quite an amount by this time to comply with all the regulations, legislation and acts of the country. This is the primary reason for carrying out an IEE or an EIA etc.

    In parallel you will have to hire a sociologist to draw up a resettlement plan which covers any resettlement and compensation issues in order to comply with acts, regulations and legislation with regard to resettlement and compensation.

    Once the IEE or EIA report is completed in liaison with the CEA as required by their ToR you can submit the report and obtain the necessary permission from the CEA to go ahead with your project.

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