Coastal Conservation (Buffer) Zone case : CA grants time to file objections

by Wasantha Ramanayake

The Court of Appeal yesterday granted time to file objections in the Writ of Mandamus application compelling the Coast Conservation Department to strictly enforce the prohibitions and restrictions in relation to the Coastal Protection Zone and Setback Areas.

The Petitioner stated that the government in the aftermath of the devastation caused by the recent tsunami had decided to declare a Coastal Conservation (Buffer) Zone of 100 m around the coastal belt ( 200m in the Northern and Eastern Provinces) with declared objectives of safeguarding the lives of coastal population and to protect the coastal environment.

The petitioner stated that he had apprehensions about the future of the buffer Zone since it had no legislative sanction and the opposition of the certain political parties and section of the public.

The petitioner stated that in the circumstance the strict compliance with the variable setback limits imposed by the Coastal Management Plan was pragmatic since it was based on the empirical research and scientific criteria.

The petitioner stated that there were many human activities threatening the stability of the coastal zone such as the destruction of the vegetation, sand mining, coral extraction, destructive fishing methods, coastal pollution, improper constructions etc.

The petitioner stated that the Coastal Protection Zone was established to minimize the harmful human activities and to take measures to prevent the destruction and conserve the coastal zone and its habitats.

According to the petitioner the Coastal Protection Zone was a 2km wide band of the Ocean and the adjoining ribbon of land extending 300 m inland under the Coast Conservation Act and Setback Areas i.e. the areas left free of any physical modification to allow for the dynamics of seasonal and long-term fluctuations of the coast line and to ensure physical and visual access to waterfront under the Coastal Zone Management Plan of 1997 prepared by the Coast Conservation Department in accordance with the provisions of the Coast Conservation Regulation No. 01 of 1982.

The petitioner stated that respondents had failed to implement their legal duty to strictly enforce the prohibitions and restrictions in relation to the Coastal Protection Zone and Setback areas(particulary in recent tsunami affected areas).

The petitioner stated that the inaction of the respondents was illegal, unlawful and was in violation of the Environmental Law.

Petitioner W. D. Hemantha Sisira Kumara cited the Director of the Coast Conservation Department, the Minister of Fisheries and Aquatic Resources and the Attorney General as respondents.

Manjula Wijesinghe with Ravindranath Dabare and Chandi Pathirana appeared for the petitioner.

Deputy Solicitor General Y. Wijethilake appeared for the respondents. The objections to be filed on or before June 27.