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Annual Report 2008 - Ministry of Finance and Planning

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4. Reform Initiatives<br />

180<br />

Environment Conservation Levy Act No.26 <strong>of</strong> <strong>2008</strong><br />

Recognizing the emphasis placed on environment conservation in the backdrop <strong>of</strong> implementation <strong>of</strong> an accelerated<br />

development process, the Government deemed it necessary to introduce legislative measures to assure the protection <strong>of</strong><br />

the environment <strong>and</strong> thereby promote sustainable development. The objective <strong>of</strong> this Act is to impose an Environment<br />

Conservation Levy on certain items owned by consumers, specified items imported into or manufactured in Sri Lanka or<br />

specified services provided in Sri Lanka, which are likely to harm the environment.<br />

As per the provisions <strong>of</strong> the Act, the rates to be imposed would be calculated on either ad volorem or specific basis, to be<br />

specified by the Minister <strong>of</strong> <strong>Finance</strong> in consultation with the Minister in charge <strong>of</strong> the subject <strong>of</strong> Environment. The related<br />

Gazette Order will specify the rate <strong>and</strong> the category <strong>of</strong> goods or services in respect <strong>of</strong> which the Levy would be imposed.<br />

The Levy if imposed on consumers, will be collected through an institution specified in such Order <strong>and</strong> if imposed on an<br />

importer, will be collected by the Director General <strong>of</strong> Customs in terms <strong>of</strong> the Customs Ordinance. The levy if imposed on<br />

a domestic manufacturer or a service provider will be collected by the Director General <strong>of</strong> the Customs in terms <strong>of</strong> Excise<br />

(Special Provisions) Act, No. 13 <strong>of</strong> 1989.<br />

Such collection authorities are responsible for the collection, administion <strong>and</strong> recovery <strong>of</strong> the ECL <strong>and</strong> to ensure that proceeds<br />

are remitted to the Environmental Conservation Levy Account <strong>of</strong> the Consolidated Fund. In case <strong>of</strong> a default, the Central<br />

Environmental Authority is empowered to instruct the Director General <strong>of</strong> Customs to proceed to recover the amount in default<br />

<strong>and</strong> any related penalty. Further the authority itself also may take necessary steps to recover the amount in default <strong>and</strong> any<br />

related penalty.<br />

<strong>Ministry</strong> <strong>of</strong> <strong>Finance</strong> <strong>and</strong> <strong>Planning</strong> Sri Lanka<br />

<strong>Annual</strong> <strong>Report</strong> <strong>2008</strong>

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