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SC orders CEA and police to take action to prevent illegal sand mining

by Florence Wickramage

The Supreme Court has requested the Environmental Foundation Limited (EFL) to intervene in order to assist Court in a Fundamental Rights case involving mechanised sand mining in the Maha Oya. The Bench comprised of Chief Justice Sarath N.Silva and Justices Shiranee Thilakawardena and Asoka de Silva.

Illegal sand mining is openly carried out in the Maha Oya. A private individual has filed a Fundamental Rights petition saying that his licence to mine sand adjacent to the Maha Oya has been cancelled.

Under the National Environment Act mechanised mining and mineral extractions and quarrying operations for marble, limestone, silica, quartz and decorative stone carried out within 1 kilometre of any residential or commercial areas requires an Environmental Impact Assessment.

Jagath Gunawardena on behalf of the EFL submitted that the petitioner was carrying out sand mining operations without the approval of the Central Environmental Authority (CEA) and an EIA has not been done.

The Supreme Court ordered that the CEA and the police should take necessary action to prevent illegal mining while also requesting the CEA to submit a full report on the consequences of sand mining in the Maha Oya.

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