THE JUDICIAL PERSPECTIVE ON ENVIRONMENTAL LAWS IN SRI LANKA

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Lorraine Lawson
5 years ago
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1 THE JUDICIAL PERSPECTIVE ON ENVIRONMENTAL LAWS IN SRI LANKA

2 BRIEF OUTLINE OF THE LEGISLATIVE FRAMEWORK SPECIFIC LEGISLATION 1. National Environmental Act No.47 of 1980 as amended by Act No.56 of 1988 and Act No. 53 of Ø 2. Orders and Reglations pblished nder the provisions of the Act, re Environmental Protection Air Qality Noise Waste Management Environmental Impact Assessment 3.Areas covered by Orders & Reglations: Ozone depleting sbstances Vehicle exhast emission standards Air polltion standards Indstrial noise polltion Vehicle horns Prohibition of polythene and polythene prodcts Emission or disposal of waste Mnicipal solid waste Approval of projects, etc.

3 4. Penal Code - Section Criminal Procedre Act Section Provisions in the Constittion: Article 27(14) Article 28(f) Chapter VI Directive Principles of State Policy 7. Private Law relating to Nisance Delictal action

4 Jdicial Decisions Private Nisance Edmnd Perera v Nimalaratne and Another SLR 68 Ø Ø National Environmental Act does not ost the jrisdiction of the Civil Corts. Pblic Nisance Keangnam Enterprises Ltd v Abeysinghe and others Action nder the Criminal Procedre Code. Violation of Provisions of related laws Eg. Fana & Flora Protection Ordinance No.2 of 1937 Environmental Fondation ltd v Minister of Pblic Administration and Six SLR 306 Rnning Mini Zoo nlawfl. others

5 Violation of National Environmental Act Jayawardena v Akmeemana Pradeshiya Sabha & Others SLR 316 Violation of Sections 23A-E and S.26 of NE Act.

6 Application of Writ Jrisdiction Amarasinghe and Others v The Attorney General & Others (Colombo Katnayake Expressway Case) SLR 376 Pblic Interest Law Fondation v Central Environmental Athority & Another SLR 330 Fernando, The Conservator of Forests and Two Others v Timberlake International Pvt Ltd and Another SLR 326 Dissanayake and Others v Geological Srvey and Mines Brea and Others SLR 354

7 Fndamental Rights Actions Gnaratne v The Homagama Pradeshiya Sabha & Others SLR Re refsal of license to rn a sawmill- Blanklama & Others v Secretary, Ministry of Indstrial Development & Others SLR 243 (Eppawala Case) Agreement re export of phosphate circmventing laws. Hman beings are the centre of concerns of sstainable development. They are entitled to healthy and prodctive life in harmony with natre. In order to achieve sstainable development, environmental protection shall constitte an integral part of the development process and cannot be considered in isolation of it. per Amerasinghe J. Rio De Janeiro principles referred to.

8 "Althogh it is expressly declared in the Constittion that the directive principles and fndamental directions - Cap VI of the Constittion and Art 27 (14) do not confer or impose legal rights or obligations and are not enforceable in any Cort or Tribnal, corts have linked the directive Ashik v Bandla and Others (Noise Polltion Case) SLR 191 Sgathapala Mendis & Another v Chandrika Kmaratnga & Others (Waters Edge Case) SLR 339. It is to be noted that all facets of the contry its land, economic opportnities or other assets are to be handled and administered nder the stringent limitations of an trsteeship posed by the Pblic Trst Doctrine and mst be sed as a manner for economic growth and always for the benefit of the entirety of the citizenry of the contry - not for the benefit of granting gracios favors to a privileged few. Wattegedera Wijebanda v Conservator General of Forests and Others (Sand mining case) SLR 337. Environmental Fondation ltd & Others v Urban Development Athority of Sri Lanka ( Galle Face Green case) SLR 123. Environmental Fondation Ltd & Others v Mahaweli Athority of Sri Lanka & Others SLR 1. The origin of pblic trst doctrine can be traced to Jstinians Instittes where it recognizes that things common to mankind -air, rnning water and sea. These common property resorces were held by the rlers in trsteeship for the free and nimpeded se of the general pblic. The pblic trst is more than an affirmation of state power to se pblic property for pblic prposes. It is an affirmation of the dty of the state to protect the people's common heritage of streams, lakes, marshlands and tide lands, srrendering the right only in those rare cases when the abandonment of the right is consistent with the prposes of the trst.

9 Ø Pblic Interest Litigation

10 Ø Pblic Trst Doctrine

11 Ø Relevance of International Instrments

12 Sri Lanka has very comprehensive legislation and Environmental laws mst be consistent with international hman rights, norms and standards. Jdges shold have the freedom to do what reqires to be done, in terms of the commnity and economy, for the greater good of the nation. **********************

District Mineral Foundation The right of people to benefit from the mineral-rich lands they live on

District Mineral Foundation The right of people to benefit from the mineral-rich lands they live on CHHATTISGARH District Mineral Fondation The right of people to benefit from the mineral-rich lands they live on 1 It is ironic that India s mineralrich districts are also those where Poverty amidst plenty