The Centre for Environmental Justice (CEJ) has warned that proposed amendments to the National Environmental Act (NEA) could dilute the principle of Extended Producer Responsibility (EPR) and unfairly transfer waste-management costs from corporations to consumers.
CEJ chairman Hemantha Withanage said the Ministry of Environment and the Central Environmental Authority (CEA) had drafted the amendments to NEA No. 47 of 1980 — gazetted on April 22 and submitted to Parliament on May 11 — through a “closed-door” process without adequate civil society consultation.
Under proposed Section 23QQ, lifecycle responsibility for products could be imposed not only on importers, manufacturers, vendors and handlers but also on consumers, with the Minister empowered to charge fees and impose penalties on the “responsible party.” Withanage said this converts EPR into an “Extended Producer and Consumer Responsibility” mechanism that defeats the purpose of mandatory producer liability.
“The OECD clearly defines EPR as a policy approach that shifts responsibility upstream to producers and incentivises environmentally responsible product design,” he said. “By introducing consumers into the legal framework, the Sri Lankan proposal opens the door for corporations to escape the financial burden of collection, recycling and redesigning products.”
Withanage cited India’s 2021 EPR regulations, which place obligations on producers, importers and brand owners while explicitly excluding consumers, as a regional model Sri Lanka had failed to follow. He alleged that powerful corporate interests were lobbying to avoid billions of rupees in future waste-management costs and urged citizens to contact MPs before the bill is enacted.
The bill, presented by Environment Minister Dammika Patabendi, also introduces load-based pollution charges, mandatory environmental clearances, legally binding management plans and fines or jail terms of up to two years for non-compliance, Daily FT reported. CEA director general Kapila Rajapaksha said industries would have to obtain location-linked environmental recommendations before commencing operations.
Sources: The Island — Industry-backed EPR Amendments could shift waste burden to public, warns CEJ; Daily FT — Govt. to tighten environmental laws with pollution charges, stricter oversight.
