Issuing Marine Environment Protection License
Introduction
As per the section 40 of Marine Pollution Prevention Act No.35 of 2008, any person who intends to conduct or engage in an exploration of natural resources, including petroleum or any related activity shall conform to provisions of regulations made to that effect. The first regulation which was formulated for this purpose is the Offshore Exploration for and Exploitation of Natural Resources including Petroleum (Marine Environment Protection) Regulation No. 1 of 2011 and Marine Environment Protection License is a regulatory/legal tool, introduced by the above regulation.
Objectives of the Marine Environment Protection License
- To prevent or minimize the release of discharges into the coastal and marine environment.
- To prevent or minimize oil spill.
Validity period of dumping permit
The dumping permit is valid for two years from the effective date of the license.
- No license granted under this regulation shall be transferable except, with the prior written approval of the Marine Environment Protection Authority, which shall be endorsed upon such license.
- (b) Where the transfer of a license becomes necessary, such a requirement shall be made in writing to the Marine Environment Protection Authority indicating the reasons for such request.
Procedure of issuing license
Any person engaged in offshore exploration for and exploitation of natural resources including petroleum in the exploration block in Sri Lankan territorial waters should apply for a Marine Environment Protection License.
Step 1: Submit the application
Marine Environment Protection License application is published in the fifth schedule of Offshore Exploration for and Exploitation of Natural Resources including Petroleum (Marine Environment Protection) Regulation No. 1 of 2011, published in Gazette Notification No. 1709/15 dated 07.06 2011. The application form could be obtained from the Marine Environment Protection Authority (MEPA) Headquarters. The application fee is USD 100.00 The application should be present two months prior to the commencement of exploration for or exploitation of natural resources including petroleum or two months prior to the expiration of the existing approval. Followings should be submitted with the application,
- Discharge Management Plan Discharge management plan should be prepared in accordance with the first schedule of the Offshore Exploration for and Exploitation of Natural Resources including Petroleum (Marine Environment Protection) Regulation No. 1 of 2011, published Gazette Notification No. 1709/15 dated 07.06 2011.
- Environmental Impact Assessment (EIA) report Environment assessment should be carried out by a classification society approved by the Marine Environment Protection Authority.
- Payment of the requirements.
License fee – $1000
License Fee – $10 000 per well
- Adequate security or Insurance cover to the satisfaction of the Authority, to defray unforeseen damages.
- Letter of confirmation issued by the Director General of Petroleum Resources Development Secretariat, confirming the identity of the applicant for the license.
In addition, the followings should be maintained;
- Oil record book and garbage record book These should be in accordance with the third schedule of Offshore Exploration for and Exploitation of Natural Resources including Petroleum (Marine Environment Protection) Regulation No. 1 of 2011, published Gazette Notification No. 1709/15 dated 07.06 2011.
- Anti pollution record book This should be in accordance with the regulation 8 of Offshore Exploration for and Exploitation of Natural Resources including Petroleum (Marine Environment Protection) Regulation No. 1 of 2011, published Gazette Notification No. 1709/15 dated 07.06 2011.
- Valid International Oil Pollution Prevention Certificate This should be in accordance with the eighth schedule of Offshore Exploration for and Exploitation of Natural Resources including Petroleum (Marine Environment Protection) Regulation No. 1 of 2011, published Gazette Notification No. 1709/15 dated 07.06 2011.
Step 02: Evaluate the application
Application and other documents are evaluated to check the relevancy of issuing the license and a decision is taken on the evaluation. If the decision is to refuse to issue a license, it will be communicated in writing with the reason for refusal, within 14 days of the decision to the applicant or the licensee. If the applicant or the licensee is aggrieved by a decision communicated to them, they can appeal against such decision to the Secretary of the Ministry of the Minister in charge of the subject of Marine Environment Protection in writing, within thirty days from the date on which the decision is communicated to them.
Step 03: Issuing the license
The license should be,
- in such a form as specified in the Fourth Schedule of Offshore Exploration for and Exploitation of Natural Resources including Petroleum (Marine Environment Protection) Regulation No. 1 of 2011.
- in force for a period of two years from the date of issue of the license, unless it is cancelled earlier
- subjected to such terms and conditions as may be specified on the reverse of the license.
Renewing of the license
The license shall be renewable upon an application made to the Marine Environment Protection Authority not less than thirty days before the expiry of such license. The application form for the renewing of the license is the same application form that is used for applying for a new license. The application fee is USD 100.00 The Authority shall renew the license if the Authority is satisfied that,
- the licensee has observed the provisions of the regulation and the terms and conditions of the license if any.
- there is no threat to the sustainability of aquatic resources as a result of renewing the license.
- the licensee has paid the fee.
Renewal fees
License Fee – $1000
License Fee – $10000 per well
Canceling the license
The Marine Environment Protection Authority shall cancel the license if the licensee;
- has contravened any provision of Offshore Exploration for and Exploitation of Natural Resources including Petroleum (Marine Environment Protection) Regulation No. 1 of 2011, published Gazette Notification No. 1709/15 dated 07.06 2011 or any term or condition of such license ; or
- has been convicted of an offence under the Marine Pollution Prevention Act, No. 35 of 2008.
The applicant or the licensee, as the case may be, who is aggrieved by a decision communicated to him, may appeal against such decision to the Secretary of the Ministry of the Minister in charge of the subject of Marine Environment Protection in writing, within thirty days from the date on which the decision is communicated to him.
Legal actions against license holder
Any person who contravenes the provisions of section 40 of Marine Pollution Prevention act No.25 of 2008 or of Offshore Exploration for and Exploitation of Natural Resources including Petroleum (Marine Environment Protection) Regulation No. 1 of 2011, published Gazette Notification No. 1709/15 dated 07.06 2011 shall be guilty and legal actions are taken against him as per the section 41 of above Act.