Uniting to protect the Planet

World Environment Day - June 5:

Today is one rare day when all the countries of the world celebrate World Environment Day since 1972. The planet cannot be divided into countries and protected individually when it comes to environment global warming, Climate change, depletion of the Ozone Layer or slow death of Bio- diversity sees no boundaries between countries and power blocks like G7, G20, OIC, the developed and the not so developed countries. Environmental degradation affects the entire humanity. Hence, the significance of the World Environment Day.

Most developed countries emit more carbon into the atmosphere and pollute the world adversely affecting the poorest and the smaller countries who cannot afford to launch effective environmental protection and promotion programs.

The Global Agenda such as the Kyoto protocols should be further developed. Environmental protection is a truly global human rights issue hence 2009 WED slogan is “your planet needs you”.

In the recent past the much discussed environmental concerns were the threat of acid rains, Global warming and increase of sea levels. The cumulative effect of these has led to the new phenomenon called “Climate Change”. It is the theme of this year’s Environmental Agenda which comes in to focus on World Environment Day, June 5, 2009.

As we experience today the effects of climate change are drastic and it has led to unpredictable increase and decrease in global temperature and rise in sea levels causing islets to disappear.

Though the source which causes climate change may have national boundaries, the consequences do not have such boundaries. It can affect the world population at large and solutions have to be discussed and tackled at International level.

What we should be concerned with on this important day is the responsibility that falls on us as individuals of this society. One of the major environmental concerns we are facing today as a country is the rapidly increasing use of non-biodegradable consumer products leading to mass dumping sites.

Though we experience the environmental hazards caused by these dumping sites, none really want to admit that each individual is responsible for the disaster. Every single polythene wrapper or a plastic bottle we discard speed up environmental depletion.

Unhealthy consumer patterns are at the basis of this crisis where people crave for and buy products out of desire rather than out of necessity. Nature has its carrying capacity and the minute we overstep the limit it bounces back. We live in an era where nature retaliates for the activities of our forefathers.

As individuals we may not be able to find solutions for Global warming, depletion of Ozone Layer and rise in sea levels, but we can make a difference by reducing consumption of plastic and polythene.

The other drastic threat facing human existence is the lessoning of ground water resources. As scientists predict, the natural water resources would last only for about another 40 years. In many countries including neighbouring India, ground water is polluted by effluent from tanneries and the release of other hazardous chemicals and water courses are dried up due to hydro power stations. In this situation, the day that natural water becomes a luxury is not too far away.

The Environmental Desk of the LAC has celebrated WED for the past few years inculcating environmental values in the children who are future custodians of the Globe.

This year the Australian High Commission the Rotary Club, Colombo West and Rukmale Maha Vidyalaya have united with the Child Development Center at Rukmale of the Child Protection Society of Sri Lanka to celebrate the event by planting more trees, conducting a green art competition and games.

Uma Wijesinghe, S.S. Wijeratne.

World Environmental Day (WED)

Commemorated yearly on June 5, World Environment Day (WED) is the main event designed to raise worldwide awareness on environmental protection and encourage political action. As the United Nations declared, the day’s agenda is to:

* Give a human face to environmental issues;

* Empower people to become active agents of sustainable and equitable development;

* Promote an understanding that communities are pivotal to changing attitudes towards environmental issued;

* Advocate partnership which will ensure all nations and peoples enjoy a safe and more prosperous future.

The Legal Aid Commission will be celebrating WED at Rukmale Child Development Centre on June 5 from 9 a.m. to 1 p.m.

The theme for WED 2009 is; ‘Your Planet Needs You! Unite to Combat Climate Change’.

Major Environmental concepts

Public trust doctrine

This doctrine means that the Government is the trustee of all natural resources which are by nature meant for public use and enjoyment. This doctrine is extended over the years to cover all ecologically important wetlands, forests, fresh water courses and areas identified as natural heritage.

In the recent Water’s Edge Judgement (SCFR 352/2007 - SC Minutes 8.10.2008) it was recognized that “the Public Trust Doctrine” is based on the concept that the powers held by organs of government are, in fact, powers that originate with the People, and are entrusted to the Legislature, the Executive and the Judiciary only as a means of exercising governance and with the sole objective that such powers will be exercised in good faith for the benefit of the people of Sri Lanka.”

Sustainable development

Means improving the quality of human life while living within the carrying capacity of supporting ecosystems.

Principle 11 of the Stockholm Declaration stresses the importance of bearing environmental considerations in mind in the development process.

Environmental Impact Assessment (EIA)

The EIA is a process that produces a research report which examines the environmental impact (positive and negative) of a project/development activity on a particular area.

It looks at different alternatives to a project to assist the decision makers in deciding which type of project will best suit an area or particular environment while having the least negative environmental impact.

Right to equality - Article 12 of the Constitution

On many occasions the Supreme Court has used this equality provision to uphold the right of persons to live and work in healthy environment.

Any person who is adversely affected by any environmental pollution caused due to failure on the part of public authorities to prevent the same can file a fundamental rights application in the Supreme Court.

Right to information

Under the EIA regulations, the EIA report should be made available to the public and sufficient time should be given to lodge any complaints. Thus any development activity which affects the environment can be questioned by the public and they have the right to information contained in the EIA.

Right to legal standing to enforce environmental laws

The Supreme Court has upheld the right of any person who is concerned with the protection of the environment to make an application to the Supreme Court to enforce the environmental rights and laws. Although a person is not directly affected, such person can invoke the jurisdiction of court and it is called public interest litigation.

In addition any nuisance causing environmental degradation can be addressed by filing a public nuisance case in the Magistrate Court.

Some major International Conventions on Environmental Protection

* International Convention for the Protection of Birds - 1950

* International Plant Protection Convention - 1951

* International Convention for the Prevention of Pollution of the Sea - 1958

* Convention of Fishing and Conservation of Living

Resources of the Seas - 1958

* International Convention on the Protection of New Varieties of Plants - 1961

* Treaty Banning Nuclear Weapon Tests in the Atmosphere, I Outer space Under Water - 1963

* Vienna Convention on Civil Liability for Nuclear Damage - 1963

* International Convention on Civil Liability for Oil Pollution Damage - 1969

* Convention on Wetlands of International Importance especially as Waterfowl Habitat (Ramsar) - 1971

* Conventions on the Prevention of Marine Pollution by Dumping of Waste & Other Matter - 1972

* Convention for the Protection of the World Cultural and Natural Heritage - 1972

* International Convention for the Prevention of Pollution from Ships - 1973

* Convention on International Trade in Endangered Species of Wild Fauna & Flora - 1973

* Convention on Long-Range Transboundary Air Pollution - 1979

* Convention on the Conservation of Migratory Species of Wild Animals - 1979

* United Nations Convention on Law of the Sea - 1982

* Vienna Convention for the Protection of the Ozone Layer - 1985

* Montreal Protocol on Substances that Deplete the Ozone Layer - 1987

* Basel Convention on the Control of Transboundary

Movements of Hazardous Wastes and their Disposal el-1989

* Convention on Biological Diversity - 1992

* Convention on the Prohibition of the Development, Production, stockpiling, Use of Chemical Weapons and on their Destruction - 1993

* Convention on Nuclear Safety - 1994

* United Nations Convention to Combat Desertification in Those Countries Experiencing Serious Drought and/or Desertification - 1994

* Kyoto Protocol to the United Nations Frame Work

Convention on Climate Change - 1997

* Convention on the Protection of the Underwater Cultural Heritage - 2001

* Stockholm Convention on Persistent Organic Pollutions – 2001

Key National Legislation relating to Environment

* National Environmental Act 1980 (amended in 1988 and 2000)

* Soil Conservation Act 1951 (amended in 1953, 1981 and 1996)

* Flora and Fauna Protection Ordinance 1907 (amended in 1966, 1979, 1982 and 1988)

* Water Resources Act 1994

* Coast Conservation Act 1981 (amended in 1988 and 1997)

* Marine Pollution Prevention Act 1981

* Fisheries and Aquatic Resources Act 1996

* Mines and Minerals Act 1992

* National Heritage and Wilderness Act 1988

* Forest Ordinance 1945 (amended in 1966 and 1988)

* Plant Protection Act 1999

* Intellectual Property Act 2003

* Industrial Development Act 1969

* Control of Pesticides Act 1980

[Questions and Answers]

Garbage collection

Question: One of my neighbours has a massive mound of garbage in his land. No action has been taken yet to clear it. Therefore it gives a bad smell and also pollutes the air. It will have an adverse impact on the health condition of other residents and has become a grave nuisance now. Please advice me as to what course of action we can take to prevent this?

M.Ansar Marawila

Answer:

a) You should first speak to the neghibour and request him to clear it as soon as possible.

b) If not, you can lodge a complaint at the nearest Police Station.

c) You can also make a complaint to the Local Authority in the region. If the Local Authority fails to take any action, you can file a writ application against them.

d) If all above are not possible, you can file legal action under Private Nuisance in the Magistrate Court.

e) Further you can file action in the Magistrate’s Court in your area under the Nuisance Ordinance

Under the Nuisance Ordinance (Legislative Enactments volume (xvii) Chapter 562)

Section 2(1, 2) state that -

“Whosoever , being the owner or occupier of any house , building, or land in or near any road ,street, or public thoroughfare, whether tenantable or otherwise, shall keep or supper the same to be in a filthy and wholesome state, or overgrown with rank and noisome vegetation, so as to be a nuisance to or injurious to the health of any person.

Whosoever shall have in or upon any house building or land occupied by him any foul or offensive ditch, gutter, drain, privy, cesspool, or other receptacles”.

It is our duty to keep the environment clean.

Private nuisance

Question : I would like to have your kind advice whether it would be possible for me to seek legal action against a Pradeshiya Sabha for failing to take action on a complaint made by me regarding the damage caused to my boundary wall as a result of many jak and coconut trees been planted by my neighbour on the other side of the said wall. Furthermore, most of these trees are overhanging into my garden. There is also a dead coconut tree which might collapse at any moment and cause considerable damage to my house and property.

In this connection, I have written numerous letters to the Local Authorities and so far no action has been take despite the fact that my first complaint was made over one and half years ago.

J.Siriwardena - Meegoda

Answer: According to what you have stated in your letter, we understand that no action has been taken by the relevant authorities against your complaint made to them.

In this regard, we like to advice that you write a letter to your neighbour first requesting him to take necessary action preventing the damages caused to your boundary wall. Thereafter if no steps are taken by your neighbour to prevent the damages, you should make a complaint to the Grama Sevaka as well as the nearest police station. On your complaint, the Grama Sevaka and the police may advice your neighbour to take necessary action. If he fails to do so, you can file action against your neighbour under the Criminal Procedure Code to prevent the private nuisance.

Further if the Local authority does not taken any action, you can file a writ application against them.

Project proposal and EIA process

Question: I am living in a coastal area and have decided to start a hotel. I understand that I have to get prior approval of the Central Environment Authority and have to submit the project proposal to them. Please advice me on the following:-

(a) What is the importance of having a project proposal?

(b) What does the EIA Report look like?

(c) How do I know whether my project proposal will be required to go through the EIA process?

S.Duminda - Kesbewa.

Answer: It is always advisable that before you start a business based on the environment, you to have to get the prior approval from the Central Environment Authority (CEA). You have to submit the EIA Report to them.

Environment Impact Assessment (EIA) is a simple process of predicting the potential impacts of development activities on the natural and social environment. EIA also suggests measures to prevent or minimize negative impacts and to enhance positive impacts.

EIA ensures sustainable investment for developers and a livable environment for the people. In 1981 EIA was made a legal requirement for projects within the coastal zone and since 1993 has been made mandatory throughout Sri Lanka for prescribed development projects.

It is a relatively short and concise document (may be about 100 pages) written in easy to understand language that describes the following:-

* the details of the proposed project including all components.

* the existing environment of the proposed project site.

* the positive and negative impacts of the project.

* proposed mitigation measures.

* Reasonable alternatives.

* Monitoring programme.

Past EIA reports are available at the Central Environment Authority Library for reference. You can use it for your easy reference.

With regard to your project proposal, you can verify with the CEA, or refer to the Government Gazette No.772/22 of June 24, 1993 and No.859/14 of February 23, 1995. The CEA may provide you with a Basic Information Questionnaire to submit essential information about the project, in order for the CEA to determine the above.

If the project is located in the North Western Province, you should contact the North-Western Provincial Environmental Authority.

According to your question, it is clear that your project is located within the coastal zone. Therefore you should contact the Director, Coast Conservation Department. The coastal zone comprises 300 meters landwards from the high waterline and 2 km seawards from the low waterline. In the case of estuaries and other water bodies 2 km distance from the water area when you draw a line perpendicular to the mouth of the water body.

If the project is located within one mile from the boundary of a National Reserve you should contact the department of Wild Life Conservation.

Kindly note that only the prescribed projects are required to go through the EIA process. If you need further advice, you can contact -

The Central Environmental Authority

No. 104, “Parisara Piyasa”, Robert Gunawardena Mawatha, Battaramulla.
Tel No. 01- 2876642

Fax No. 01 - 2872347

E-mail [email protected]
 

Authorities responsible for protection of the environment

Question: Please let me know the relevant Authorities who are responsible to overcome public nuisance.

S.Wasanthi - Negombo

Answer: As you may be aware the World Environment Day (WED) is commemorated yearly on June 5, to raise worldwide awareness on environmental protection and encourage political action. The relevant Authorities who are responsible for protection of the environment are -

(1) The Central Environment Authority

No. 104, “Parisara Piyasa”
Robert Gunawardena
Mawatha, Battaramulla.

Tel No. 01- 2876642

Fax No. 01 - 2872347

E-mail [email protected]

The Central Environment Authority has wide powers to protect the environment and take necessary actions to overcome public nuisance.

(2) The Police Department. Police Headquarters Colombo 1

The Police Headquarters has established a separate section to deal with environment complaints and each police station has a separate section to deal with environment matters.

(3) Local Authorities- Urban Council Municipal Council

These Local Authorities, by their Ordinance and Acts are given powers to take action against public nuisance - for e.g.

Pradeshiya Sabha Act No .15 of 1987, Section 100-107,

Urban Council Ordinance No 61 of 1947, Section 83,

Municipal Councils Ordinance 29 of 1947, Section 83 stipulates the

powers of the Local Authorities to deal with public nuisances.

(4) Different Departments who are working with the environment issues - e.g. Coast Conservation Department, Forest Department etc.

Environmental protection licence

Question: I was running a soap industry for the last two years. My Environmental Protection (EPL) Licence has been cancelled by the Central Environment Authority last month. What shall I do? Please help me.

S.D.Priyantha - Ratmalana

Answer: If your Environmental Protection Licence has been cancelled, you can’t go to courts. You have to make an appeal to the Secretary of the Ministry of Environment.

He will hold an inquiry, after summoning all the parties.

If the decision of the Secretary has violated your rights, you can thereafter go to the Court of Appeal against his decision.

Water supply unsuitable for human consumption

Question: We have a problem with our water supply scheme in our area.

Our water supply scheme is unsuitable for human consumption and consumers have lodged complaints to the police in our area. It is muddy, in some days and it is greyish with lots of floating particles.

The water is sometimes murky and smelly. We have water cuts on Mondays and Fridays. We have collected samples of the water and appealed to the relevant Authorities.

Do we have legal recourse? If so, please help us through your Legal Aid Page.

P.Arawinda - Alawwa.

Answer: In the first instance you have to lodge a complaint to the relevant authority in your area. If the relevant authority fails to take any remedial action, then you have the right to make a complaint to the Local Authority as well as to the Central Environmental Authority regarding the matter.

If no action is taken, you can file a writ application against the particular authorities.