Legal Aid Commission

Rise in sea level

Rise in sea level is a serious global environmental issue. Global warming and climate change directly affect the sea level. Warming of the planet melts glaciers and ice caps.

IPCC's (Intergovernmental Panel on Climate Change) Fourth Assessment estimated that, during the second half of the 20th century, melting of mountain glaciers and ice caps led to about a 2.5 cm rise in sea level.

The loss of ice mass from Greenland and Antarctica also increases the sea level. Both Greenland and Antarctica are currently losing ice mass and recent satellite observations prove it. The ice sheets in Greenland and Antarctica are already contributing more and faster to sea level rise than anticipated.

Rising sea level affects coastal environment and infrastructure. When sea levels rise rapidly, even a small increase can have devastating effects on coastal habitats.

Coastal erosion, flooding of wetlands, contamination of agricultural soils, salt water contamination of fresh water supplies and loss of habitats for fish, birds, wildlife and plants are some of the effects of rising sea level. Sea level rise increases the risk of both temporary and permanent flooding of coastal lands. Some low lying coastal cities and villages will also be affected. Beaches, freshwater, fisheries, coral reefs are also at risk. Rising sea level also causes many socio-economic problems. Global warming affects the global climate and create extreme weather events such as, tornadoes, hurricanes, cyclones and storms. When large storms hit land, higher sea levels and waves become more powerful and destroy coastal lands.

Migration to coastal areas is increasingly common in many developed and developing countries around the world. Many of the nations that are most vulnerable to sea level rise do not have the resources to prepare for it. Around 23 percent of the worlds' population lives in the near coastal zone.

China, Bangladesh, Vietnam, and India have large populations living in at-risk coastal areas such as deltas, where river systems enter the ocean. Both large island nations such as the Philippines and Indonesia and small ones such as Tuvalu,Vanuatu, Maldives in Indian ocean, Marshall Islands in the Pacific are at severe risk because they do not have enough land at higher elevations to support displaced coastal populations.

Some island nations face the danger of losing their fresh-water supplies as sea level rise pushes saltwater into their aquifers. Sea level is rising rapidly in the Indian Ocean, placing millions at risk along low-lying coastlines in Bangladesh, Indonesia and Sri Lanka.

North American land areas such as Mississippi, Alabama, Texas, Florida, and Georgia also at risk. Nearly 75 percent of Americans live on or with in 50 miles of the coast.

The United Nations Framework Convention on Climate Change (UNFCCC or FCCC) which was produced at the United Nations Conference on Environment and Development (UNCED/Earth Summit), held in Rio de Janeiro in 1992 and the Kyoto Protocol 1997 (the protocol to the United Nations Framework Convention on Climate Change), focus on climate change impacts and provide a framework to decrease global warming which causes serious environmental problems including rise in sea level. IPCC's( Intergovernmental Panel on Climate Change) Assessments also stipulate and estimate the rise in sea level. The Environment Protection Agency (EPA) predicts a global sea level rise of about 10 to 15 inches by the year 2025 and as per the most recent IPCC assessment the global sea level will rise between 26 and 59cm (10-23 inches) during the 21st century. Sea levels rose by an average of around 1.7mm over the 20th century. In recent years the rate of rise has increased. Latest satellite data put the rise at around 3mm a year.

Intergovernmental Panel on Climate Change (IPCC) and UNFCCC's(United Nations Framework Convention on Climate Change ) recognize Sri Lanka as a 'vulnerable' small island nation facing various climate change impacts, such as sea level rise, floods and droughts, and variable and unpredictable rainfall patterns.

Sea level rise will affect Sri Lanka's infrastructure (such as jetties, harbors, buildings, roads, water front property), tourism, coastal wetlands, fresh water supplies and the livelihoods of people in low-lying coastal areas.

Coastal Management and Adapting to sea level rise is essential. Coast Conservation Department of Sri Lanka works for coast conversation and Coast Conversation Act No.57 of 1981 (amended by Act No.49 of 2011) provides the legal framework for coast conversation.

National Climate Change Adaptation Strategy for Sri Lanka 2011 to 2016 address the issue of sea level rise.

Rise in sea level is a major environmental issue and it affects the whole world.

Thamarashi Wickramanayake - AAL, Legal Officer, Legal Aid Commission of Sri Lanka

Seminar on ships and marine pollution

The Institute for the Development of Commercial Law and Practice, the Indian Ocean Marine Affairs Co-operation (IOMAC) and ONS recently conducted a seminar on the theme 'Ships and Marine Pollution' at the BMICH.

The keynote address was delivered by Judge of the Supreme Court Justice P. A. Ratnayake, PC on Maritime Legislation.

President's Counsel K. Kanag Isvaran was the moderator of the seminar.

The other resource persons were Senior State Counsel Vikum de Abrew, Dr Malika Gunasekera, Asvini Kariyawasam,(MEPA), Attorney at Law Chandaka Jayasundara. Attorney at Law Anandalal Nanayakkara, former Deputy Director General Merchant Shipping Capt. Nick Senanayake and Attorney at Law Murshid Maharoof joined the programme as panelists.

The objective of the programme was to have an academic discussion on the duties and responsibilities of the stakeholders in protecting marine environment. Merchant Shipping Director General Ajith Seneviratne, MEPA General Manager Rear Admiral S. R.Samaratunga, former Merchant Shipping Director General Shantha Weerakoon, Harbour Master Capt. Ravi Jayawickrema and Colombo Dockyard Managing Director Mangala Yapa were among the distinguished gathering. Attorneys at Law, State sector and Shipping Industry officials attended the programme.

Questions and Answers

Environment protection licences

Question: Please answer the following.

How to apply for an Environment protection licences?

What are the documents to be submitted with an EPL application?

What are the benefits of possessing of an EPL?

- Naduni , Mathara

Answer: EPL application forms could be obtained free of charge from the CEA or downloaded from the CEA website www.cea.lk . Photocopy of this application form is also accepted.

Duly filled EPL application has to be submitted to the relevant authority 01(one) month (30 days) prior to the commencement of the prescribed industry/activity.

The documents to be submitted with an EPL application;

Certificate for the Registration of Business

Legal authorization to use the land for the particular industrial activity. (Copy of deed, copy of the Lease agreement of the land etc.)

Copy of Survey Plan of the land.

Legal authorization for establishing the particular industry at the site. (Certificate of Conformity/Trade License or Consent paper from relevant LA)

Production Certificate necessary for specific products. (Distilleries, medicinal products, pesticide manufacturing etc.)

Proposal for pollutant abatement.

Any other detail/document requested by the Authority

The benefits of possessing of an EPL;

The EPL holder has legal authority for the discharge of effluents, deposit wastes; emit smoke/gases/fumes/vapour, noise/vibration into the environment in accordance with the standards and criteria stipulated by the CEA. This will help the EPL holder to prevent or minimize the discharges and emissions into the environment from the industrial activity.

Possibility of having protests or objections from the neighbourhood will be reduced.

Public confidence on the industry may be gained and the products will be able to attract foreign investors or buyers towards the industry.

The EPL holder is eligible to apply for loans from the banks to carryout further improvements to the industry and process.

The EPL holder will be able proceed towards the ISO certification to provide the means to fulfill international obligations relating to environmental protection.

Mediation Board

Question: Can the Police refer disputes to the Mediation Board?

- Fathima, Dompe

Answer: Yes, the Police can refer you to Mediation.

This happens when you go to the Police and they feel that it is a matter which should be resolved by Mediation or where, according to the Law it has to be referred to Mediation.

There are other ways of going to a Mediation Board.

You can make an application to the Mediation Board yourself.

The application can be prepared by yourself. It must state what your problem is very briefly; give your name and address; give the name and address of the other party to the dispute.

The Board will then call all of you for a discussion.

The Court may refer your case to the Mediation Board if both parties agree to have it so referred.

This is permitted under the Law.

Medical Leave

Question: I am working as HRM in a Private Limited Company with 25 employees.

Please let me know how many medical leave is available per annum.

Also please let me know for employees to get annual or casual leave, how many days notice should they give to the HRM.

Sent by email

Answer: The Law does not make any provision for medical leave.

The law does not stipulate any period of notice for availing of casual or annual leave. Casual leave can be availed of any time depending on the circumstances for which leave is required.

Annual leave is availed of by mutual agreement with the Employer.