Ejustice

PRESS RELEASE—CEJ filed Legal action on Mt. Lavinia sand filling and beach pollution CA/WRT/128/2020

19, June 2020, Colombo- Today Centre for Environmental Justice filed a new court case in the Court of Appeal CA/WRT/128/2020 against Coast Conservation Department(CCD), Central Environmental Authority(CEA), Minister of Environment, Marine Environment Protection Authority(MEPA) and Attorney General against the beach pollution  and the failed sand filling of Mt Lavinia beach without following due procedure. In this petition CEJ seek Grant Writ of Mandamus:

  1. Directing the Minister to make regulations for minimization or the ban of the use of single-use plastic and to formulate policies, plans or strategies for the prevention of coastal and marine pollution and discharge of waste and other effluents to the ocean;
  2. CCD to take necessary measures to implement the Sri Lanka Coastal Zone and Coastal Resource Management Plan – 2018;
  3. Directing the CCD to take give effect to the provisions of the Coast Conservation and Coastal Resource Management Act, No. 57 of 1981 as amended, especially with regard to the provisions of Sections 4 (e), 4(f), 14, 16, 25, and 31 of the said Act;
  4. Directing the CEA to give effect to the provisions of Coast Conservation and Coastal Resource Management Act, No. 57 of 1981 as amended and National Environmental Act as amended and to make necessary regulations to give effect to the existing principles in relation to the protection of the environment as laid down by the apex Courts of the country and to the provisions of the aforesaid statue, especially with regard to the discharge of waste and effluents into the ocean and the protection and conservation of the coastal zone;
  5. Directing the CEA and the Minister to give effect to the provisions of the and National Environmental Act as amended, especially with regard to the provisions of Sections 10 (b) to 10(i), 10(k), 10(l), 10(p), 15, 17, 18, 19, 23C, 23BB, 23H, 24B, 32,  and the protection of the Coastal Zone ; directing the MEPA to give effect to the provisions of the Marine Pollution Prevention Act No. 35 of 2008 and to formulate plans and strategies for the prevention of marine pollution;
  6. Directing the CEA and the Minister to investigate into the said Mt. Lavinia Beach nourishment project and ascertain whether the said project was implemented in accordance with the provisions of the Coast Conservation, Coastal Resource Management Act, No. 57 of 1981 as amended and National Environmental Act as amended and to international conventions and declarations signed or ratified and considered as soft laws of the country and to take actions against the CCD  for any violations or deviations from the said laws as;
  7. one or all of the Respondents take necessary measures in terms of the law to investigate into discharge of waste materials to the ocean which were washed up to several coastal areas and to punish the perpetrators who are responsible for discharge of waste and other effluents into the ocean; and  
  8. Directing the Minister  to amend the regulations under Gazette Extraordinary Number 772/22 dated 24 June 1993 to include the coastal zone within the scope of the area where an environmental assessment for a prescribed project is a mandatory requirement.

For more information

Mr.  Ravindranath Dabare( Attorney at Law)- 0777307850

Miss. Nimmi Sajeewani (Attorney at Law)- )112683282

Mr. Hemantha Withanage ( Executive Director, CEJ)- 0777600503

Add comment

Follow Me

Follow Me

Follow Me