Impacts of Sand and Clay Mining on the Riverine and Coastal Ecosystems of the Maha Oya

DRAFT
December 2011
Impacts of Sand and Clay Mining on the Riverine

and Coastal Ecosystems of the Maha Oya : Legal
and Policy Issues and Recommendations
Wardani Karunaratne, Attorney-at-Law
Head of Legal, Environmental Foundation

Impacts of Sand and Clay Mining on the Riverine and Coastal
Ecosystems of the Maha Oyo : Legal and Policy Issues and
Recommendations

Wardani Karunaratne, Attorney‐at‐Law
Head of Legal, Environmental Foundation
i

We would like to thank:
The Mangroves for the Future (MFF) initiative, whose grant to Environmental Foundation enabled
the preparation of this policy document.
Dr Nalin Wikramanayake, for the technical advice and the support given throughout the research.
Jagath Gunawardena, Attorney at Law, for the legal input provided.
Senani Perera, Attorney at Law, Legal Officer EFL, for her research and the continuous support
given.
Chamila Weerathunghe, Project Manager EFL – Mangroves for the Future Initiative, for technical
support and guidance.
Venuri De Silva for editorial support.
Dr. Ranjith Mahindapala (Programme Manager) and the team at the Mangroves for the Future
(MFF) initiative; Kumudini Ekaratne (MFF Coordinator, Sri Lanka); MFF National Coordination Body
and Shamen Vidanage (Acting Country Representative IUCN Sri Lanka) for their support.
The Geological Survey and Mines Bureau, Coast Conservation Department, National Aquatic
Resources Development Authority for the information provided.
Sharmini Ratwatte (Chairperson) and the team at Environmental Foundation for their support.
ii

Table of Contents
Executive Summary vii
1. Introduction 1
1.1. The Project Area 2
2. Laws, regulations and policy framework 3
2.1. Constitution of the Socialist Republic of Sri Lanka 3
2.2. Laws protecting riverine and coastal ecosystems 3

3. Laws pertaining to sand mining 5
3.1. Mines and Minerals Act No 33 of 1992 (as amended by Act No 66 of 2009) 5
and its regulations
3.1.1. Prohibited activities/ practices regarding sand mining in Maha Oya 5
3.1.2. Conditions on rehabilitation and restoration of the mined 5
environment under the Mines and Minerals Act No 33 of 1992 (as
amended by Act No 66 of 2009) and its regulations
3.2. National Environment Act No 47 of 1980 (as amended by Act No 56 of 1988 6
and No 53 of 2000)
3.2.1. National Environmental (Procedure for Approval of Projects) 6
Regulations No 1 of 1993
3.2.2. National Environmental (prohibition of the use of equipment for 6
exploration, mining and excavation of sand and gem) Regulations No
1454/4 of 17.07.2006
3.3. North Western Province Environmental Statute (NWPES) No 12 of 1990 7

4. Policies relating to riverine and coastal ecosystems 8
management
4.1. National Environmental Policies and Strategies 2003 8
4.2. National Policy on Sand as a Resource for the Construction Industry 2006 8
4.3. National Land Use Policy of Sri Lanka 9
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4.4. Other important laws and regulations governing Maha Oya and its 9
reservation
5. Court proceedings on Maha Oya‐SCFR 81/04 11
5.1. Restrictions on sand mining along the Maha Oya 11
5.1.1. No Mining Zones 12

6. Laws and policies relating to coast conservation 13
6.1. Coast Conservation Act No 57 of 1981 13
6.2. Coastal Zone Management Plan 13

7. Key environmental issues to be addressed relating to sand
mining and its associated impacts on coastal ecosystems 14
7.1. Continued sand mining in the river 14
7.1.1. Process of erosion from upstream of the river to the coast 14
7.1.2. How to deal with the degraded lands due to sand/ clay mining 15
7.2. Mined pits 15
7.2.1. Duty to protect the environment as a pre condition for mining 16
7.2.2. Issues to be determined 16
7.3. Enlarged river 17

8. Management of the coastal zone / coastal wetlands and the
Dutch canal 19
8.1. Coastal zone management 19
8.2. Shrimp farms and its impacts on the coastal wetlands 20
8.3. Dutch Canal and its potentials 21

9. Recommendations 22
9.1. Enforcement of the existing laws on sand/ clay mining 22
9.2. Procedures on regulating sand mining as a managed resources 22
iv
9.3. Abandoned sand/ clay mined pits and enlarged river 23
9.4. Environmental conservation fund or conservation levy on the mining industry 24
9.5. Promote alternatives for river sand 24
9.6. Coastal ecosystem management 24

v
Abbreviations

CBO Community Based Organisation
CCA Coast Conservation Act
CCD Coast Conservation Department
CEA Central Environmental Authority
CRMP Coastal Resources Management Plan
CZMP Coastal Zone Management Plan
CZ&CRMP Coastal Zone and Coastal Resources Management Plan
EIA Environmental Impact Assessment
EPA Environmental Protection Area
GDP Gross Domestic Product
GSMB Geological Survey and Mines Bureau
IEE Initial Environmental Examination
NAQDA National Aquaculture Development Authority
NARA National Aquatic Resources Research and Development Agency
NEA National Environmental Act
NGO Non Governmental Organisation
NWP North Western Province
NWPEA North Western Provincial Environmental Authority
NWPES North Western Province Environmental Statute
SLLRDC Sri Lanka Land Reclamation and Development Corporation
SLSI Sri Lanka Standard Institute
SMA Special Management Area
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Executive Summary

People residing downstream of Maha Oya have been engaged in sand mining manually (artisan
mining) from traditional times. However over the last two decades, sand and clay mining have
rapidly increased to meet the growing demands in the construction industry in the country and
mechanised methods of sand mining have been adopted. This has resulted in the degradation of
the riverine environment. Large scale mechanised sand and clay mining activities continued in the
Maha Oya prior to the intervention of the Supreme Court in 2004 and now it has been regularised
to an extent by way of a licensing system by the Geological Surveys and Mines Bureau (GSMB),
allowing only artisan mining in identified areas. Mining activities carried out both legally and
illegally have contributed to the degradation of the riverine eco systems in the country. However
the impacts of sand mining are not restricted only to the riverine environment alone but is also
reflects on the coastal ecosystem specially by way of coastal erosion and salinity intrusion.

In this context, this policy paper aims to discuss the legal implications and policy issues related to
sand and clay mining and its impacts on riverine and costal environments. Scientific findings and
other data generated under the project, conducted by the Environmental Foundation (EFL) in 2009‐
2011, is also considered in arriving at some of the conclusions and recommendations.

There is a comprehensive set of laws, regulations and policies in dealing with sand and clay mining
in the rivers and the laws governing coastal protection and management should also play an
important role when identifying solutions for addressing the impacts of sand mining.
The National Environmental Act (NEA), its regulations and policies such as the “National
Environmental Policies and Strategies 2003” have dealt with this issue adequately. National
Environmental (prohibition of the use of equipment for exploration, mining and excavation of sand
and gem) Regulations No. 1454/4 of 17.07.2006 provides prohibition on mechanised mining within
any water body, river bank and the reservation limit. “National Policy on Sand as a Resource for the
Construction Industry 2006” also recognised the need to utilise sand as a managed resource while
giving priority to environmental considerations over commercial considerations. The Supreme Court
directions given on sand mining along Maha Oya in SCFR 81/4 has become a part of law and also no
mining zones river have been introduced along the river.
The North Western Province Environment Authority is vested with power under the North Western
Province Environmental Statute in dealing with riverine and coastal areas falling under their
jurisdiction. The National Land Use Policy of Sri Lanka also provides provision on inland clay mining
which requires both environmental clearance from the Central Environmental Authority and the
GSMB.The Coastal Conservation Act No. 57 of 1981 (as amended by Act No. 49 of 2011), its
regulations and specially Coastal Zone Management Plan and new amendments to the Act carried
out in 2011 provides adequate provisions to deal with this issue effectively.
Under the Mines and Minerals Act, all mining activities should be carried out according to a license
issued by the GSMB, and in compliance with the environmental safeguards and restoration
requirements laid out in the Act. Under the Act, the Minister is empowered to make regulations
regarding mined environments and restoration plans and the manner of compliance. Upon the non
compliance of the said regulations, the Minister is empowered to acquire the said land for a public
purpose along the Maha Oya .
However there are a number of abandoned mined pits along the river, some are contiguous with
the water body creating an enlarged river while some are in isolation without any restoration. The
mined pits that continue with the river lead to river bank erosion resulting in the loss of productive
land, loss of habitats and ecosystems and their services. Land tenure and the nature of the pit
(continuous with the river or isolated) should take into consideration in identifying remedies under
vii
the law. The State Land Ordinance read with State Land Manual Of Procedure sets out the
procedures to declare river reservations over State lands.
Under that the Minister may, declare that any state land is constituted a state reservation for a
purpose of the protection of the river or bed of any public stream by publishing a Gazette. Further
river reservations can be declared even over private lands upon the acquisition of the privately
owned abandoned pits which fall within the limitation of a reservation.
It is clear that any mined area which continuous with the river creating an enlarged river,
irrespective to the nature of the tenure, if it is obvious that the flow of the river deviated from its
original flow due to human intervention, i.e. mining activities and often that area goes under water,
can be considered as an enlarged river and deemed to be a State property and managed under the
State Land Ordinance and the Irrigation Ordinance as a part of the river.
Further this policy recommends to introduce a Management Plan for the Maha Oya, focusing on
sustainable management of the river with special attention to the restoration requirements. The
effective enforcement of the existing laws, policies and existing restrictions on mining should be
strictly enforced and no permits should be issued in contrary to such restrictions. It is also essential
to conduct sand surveys periodically to check sand availability and percentage of sand which is
required to be kept in the river to nourish the beach and the coastal stretch. Abandoned pits, the
extent and area of land comes under enlarge river should be identified scientifically prior to the
introduction of any restoration or acquisition.
Promoting alternatives for river sand for the construction industry essentially requires to minimise
the continuing environment destruction on the river, river banks and also to maintain the
equilibrium of the coastal area. The Ministry of Environment shall establish an “Environmental
Conservation Fund” which was advocated by the Sand Policy in 2006, by allocating 10% of the
royalties or charges collected from issuing licenses for restoration requirements including the
Coastal Conservation Department to initiate restoration work in the coastal zone if not any other
Fund should be established by the GSMB for the above purpose.
Impacts on coastal erosion caused by excessive river sand mining activities should be assessed and
proper joint monitoring mechanisms should be adopted. When addressing the issues related to the
coastal ecosystem, due recognition should be given to the Dutch Canal and its reservation, impacts
of abandoned shrimp farms, pollution caused by industries along the river.
It is also essential to promote non environmentally destructive forms of employment among the
community by providing adequate financial or any other incentives through the provision of funding
and/ or livelihood support. These recommendations if converted into action by the GSMB along
with the other relevant line agencies, sustainable management of sand as a natural resource can be
achieved while preserving the riverine and coastal ecosystems of the Maha Oya.
viii
Impacts of Sand and Clay Mining on the Riverine and Coastal Ecosystems of the Maha Oya : Legal and Policy Issues and
Recommendations
1. Introduction

Sand is one of the minerals extracted from rivers as a row material mainly for construction
purposes, with minimal options as alternatives. Sand mining in rivers was a main livelihoods of the
people lived along rivers in certain parts of Sri Lanka and it was carried out manually (artisan
mining) in the traditional times. With the growth of population and specially economic
development and resultant boom in the construction industry led to increase the demand for the
sand in early 1980s and mining activities were carried out in a more rapid manner ..
Since then, sand mining has been a highest profit generating industries to the business groups and
people who have been associated with it. To meet the rising demand for sand and clay maximise
profits, use of heavy machinery for sand and clay mining became common in late 1990s and as a
result, not only sand deposits in the river beds, river banks and associated land have been subject
to mechanized mining. Consequently, rivers got widened and mining activities in the adjoining
lands caused large mined pits along the river which are contiguous and non‐contiguous to the river.
The Maha Oya is one of the 103 rivers in Sri Lanka rising in the Kandy‐Nawalapitiya area, and
reaching the sea north of Negombo which had been subject to such mining activities causing
devastating conditions to the riverine environment. Further, the highest rate of discriminate clay
mining was also recorded in the area along Maha Oya and its surroundings in early 2000 and
remnants of the era still remains as large abandoned sand and clay pits and heavily eroded river
banks. EFL have been dealt with this issue since early 2000 taking different initiatives and
specially legal interventions before courts in 2004. However it is evident that the project
“Increasing the resilience of coastal and riverine communities to climate change and other threats
by, conserving the ecosystems of the Maha Oya and associated coastal wetlands in Sri Lanka” was
commenced on September 2009 which was granted by the Mangroves for the Future initiative
became the land mark turning point of the approach given to the issue . This project was
completed implementation on 30th November, 2011 by Environmental Foundation (EFL) in
collaboration with Geological Survey and Mines Bureau and Open University of Sri Lanka.
The project comprised of four key outputs with a number of activities and sub activities to achieve
these outputs. The first two outputs were intended to generate policy and decision support
information for river and coastal managers, through a series of scientific research and an economic
valuation of ecosystem goods and services. The third output was dissemination of information
generated in output 1 and 2 through a few publications for providing scientific and policy relevant
information for better riverine and coastal area management in the future. Through this output, it
was also expected to empower the communities and raise the awareness of school children on
environmental conservation, and raise the awareness of media on the issues that cause
degradation to the riverine and coastal ecosystems. Providing alternative livelihood options for
sand and clay mining was also one of the key activities coming under this output in order to
minimize the stresses on the river. In the fourth and the final output, activities related to
restoration were expected to be carried out, in an attempt to restore the degraded sections in the
project area.
It was reflected in the studies carried out by EFL under the Project that erosion of river banks and
salinity intrusion into fresh water (in the river) are two obvious impacts and due to the lowering of
the river bed, the lowering of the water table could also result in this riverine environment.
Uncontrollable erosion rates on the river banks may cause damage to infrastructure including
bridges and roads along rivers. The direct relationship between river bank erosion and sand mining
was established in the study conducted by the Central Environmental Authority in 1992. Further a
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Recommendations
survey conducted by Prof. Katupotha of the Department of Geology, of the University of Sri
Jayawardenepura on the Deduru Oya Basin found out that sand mining had caused large scale
salination and drying up of water resources. However large scale mechanised sand and clay mining
activities continued in the Maha Oya prior to the intervention of the Supreme Court in 2004.
River sand mining not only causes degradation in the riverine environment, it has also been
identified as one of the major contributing factors for erosion of the coastline. Rivers transport
sediment to nourish the beach and river sand mining causes loss of this sediment and causes
imbalances of sediment load being transported to the beach. As a result, natural sediment
movement to coastline is reduced by the exacerbated mining of sand in the rivers which feed the
beaches. As an example, Maha Oya nourishes the coastline from Kochchikade to Chillaw in the
western coast of Sri Lanka; indiscriminate sand mining in the Maha Oya has caused severe erosion
in this coastal belt. This particular coastal stretch has been identified as the most degraded
coastline in Sri Lanka by the Coastal Zone Management Plan ‐ CZMP in 2006, implying the
magnitude of the devastation caused by the sand mining in the Maha Oya.
1.1 The Project Area
The Project activities and the study carried out in Negambo and Katana Divisional Secretaries areas
in Gampaha District and Wennappuwa and Dankotuwa Divisional Secretaries areas in Puttalam
District. Further, the area of 12 Kilometres stretch along the river from the estuary of the Maha Oya
covered under the project. The study also includes the Dutch Canal from the Maha Oya mouth
and the coastal stretch from the Maha Oya mouth to Wennapuwa Divisional Secretaries area. (The
study area is mapped in Error! Reference source not found.)
Figure 1: Map of the project area
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Recommendations

2. Laws, regulations and policy framework
2.1 Constitution of Sri Lanka 1978
There is a comprehensive framework of laws in Sri Lanka dealing with environmental protection.
The Constitution of Sri Lanka 1978, the supreme law of the country establishes a healthy
environment as a duty of the State, albeit unenforceable that “State shall protect, preserve and
improve the environment for the benefit of the community and it is duty of every person in Sri
Lanka to protect nature and conserve its riches”, a fundamental duty casted upon the people of
Sri Lanka. There are series of laws, regulations and policies to deal with the environment and apart
from the measures that are adopted within the country; the Sri Lankan State has also recognised its
commitment to a healthy environment by ratifying a number of international conventions and
treaties overtime.
2.2 Laws protecting riverine and coastal ecosystems
Figure 2 :
Responsible
Laws Description
Institution(s)
Coast Conservation Act
Coast Conservation
No.57 of 1981 (As Identifies coastal zone and regulates activities within it
Department
amended)
Fisheries and Aquatic
Makes provisions to protect and conserve fisheries and Ministry of Fisheries and
Resources Act No.02 of
aquatic biodiversity in marine and freshwater areas Aquatic Resources,
1996 (As amended)
Irrigation Ordinance No.32 Deals with environmental aspects of water and land use in
Irrigation Department
of 1946 (As amended) irrigated agriculture
Mines and Minerals Act
Regulates mining, exploitation, processing, trading and Geological Survey and
No.33 of 1992(As
export of minerals Mines Bureau
amended)
Establishes the CEA. Defines its powers, functions and
duties, and how it interacts with other line agencies to
National Environmental Act ensure environmental management. Provides umbrella
Central Environmental
No.47 of 1980 (As environmental protection legislation. Sets up licensing
Authority
amended) procedures, environmental standards and project approval
procedures. Allows CEA to prosecute and enforce
environmental safeguards
The Fisheries and Aquatic Provide for the management, regulation, conservation and
Ministry of Fisheries and
Resources Act No. 02 of development of fisheries and aquatic resources in Sri Lanka,
Aquatic Resources
1996 and enables declaration of fisheries reserves
The National Aquaculture Set up the National Aquaculture Development Authority National Aquaculture

Development Authority of (NAQDA) to develop aquaculture and inland fisheries in Sri Development
Sri Lanka Act No. 53 of 1998 Lanka Authority(NAQDA)
National Aquatic
The National Aquatic Set up National Aquatic Resources Research and
Resources Research and
Resources Research and Development Agency (NARA) for research and research
Development Agency
Development Agency Act application work on all living and non‐living aquatic
(NARA)
No. 54 of 1981 (As resources for the development and management of the
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Recommendations
Responsible
Laws Description
Institution(s)
amended) fisheries and ocean resources sector.
Provides for prevention, reduction and control of pollution
Marine Pollution Marine Environment
in Sri Lankan waters and has provision for penalise illegall
Prevention Act No.59 of Pollution Prevention
action for any form of marine pollution or damage to live
1981 Authority
marine resources and marine wildlife
Soil Conservation Act
Provides for the conservation of soil resources, mitigation of
No.25 of 1951 (As Ministry of Agriculture
erosion, protection of land against floods and drought
amended)
Sri Lanka Land Reclamation
Sri Lanka Land
and Development Sets up the Land Reclamation and Development Corporation
Reclamation &
Corporation Act No.52 of and allows it to reclaim low lying lands and wetlands
Development Corporation
1982 (As amended)
Ministry of Agriculture,
State Lands Encroachments Prevents illegal occupation of land encroachment on state
Ordinance No.12 of 1840 lands
District Secretaries, Police
State Lands Ordinance Ministry of Agriculture
Provides for how state lands and their resources (including
No.08 of 1947
lakes, rivers and streams) should be allocated, used and
Development, District
managed
(As amended ) Secretaries
Ministry of Agricultural
Land Acquisition Act No.09 Provides for acquisition of lands by the state for public
Development, District
of 1950 (As amended) purposes, including environmental conservation
Secretaries
Urban Development
Defines UDA, regulates its activities and empowers it to deal Urban Development
Authority Act No.41 of 1978
with the management of the urban environment Authority
(As amended)
Provide for the establishment of the North Western Province
Environmental Authority, to make provision with respect to North Western Provincial
North Western Province
the powers, functions and duties of the Authority and to Environmental Authority ,
Environmental Statute
make provision for the protection, management and North Western Provincial
No.12 of 1990
enhancement of the environment and for the regulation Council
maintenance and control of the quality of the environment
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Recommendations

3. Laws pertaining to sand mining
3.1 Mines and Minerals Act No 33 of 1992 (as amended by Act No 66 of 2009) and its
regulations
River sand mining, transportation, processing, trading or storing of such mineral is regulated by the
licensing system adopted under the Mines and Minerals Act No 33 of 1992 (as amended). The
ownership of the minerals are vested with the Republic under this Act and this concept has been
underpinned by the common law of the country. The Amendment Act No 66 of 2009, further
strengthened the provisions, procedures and increased the fines and penalties for the offences
defined under the Act. Under this Act, it is prohibited to explore for minerals, process, transport,
store, trade or export any mineral without a valid license issued by the GSMB. In the amended act,
it is added that storing and trading minerals are also be done only with a license.
3.1.1 Prohibited activities/ practices regarding sand mining in Maha Oya
Mines and Minerals Act prohibits exploration, mining, transport, and process store or trade without
a valid license issued by the GSMB and all the mining activities shall be carried out in compliance
with the terms and conditions attached to such license. The GSMB may cancel the license, if the
licensee has contravened any such term or condition when carrying out such mining activity. The
Police is mandated to seize any quantity of mined mineral, any machinery, equipment or material
used in or in connection with the commission of such offence without a warrant in the law
enforcement process. Any offence committed under this Act can be dealt after a summary trial
before a Magistrate and will be liable to a fine and/ or imprisonment. Minimum penalty introduced
by the Amendment Act No 66 of 2009 is Rs 50,000 for such offence. In addition to the fine and the
imprisonment, an order can be made on such person to restore or rehabilitate the mined land.
Further, the Magistrate may make an order that any mineral; machinery, equipment or material
used in or in connection with the commission of such offence be forfeited to the State. With the
amendments introduced to Section 64 of the Mines and Minerals Act, the subject Minister is vested
with authority to make regulations on the preparation and submission of restoration plans and the
manner of compliance with regards to mined environments.
3.1.2 Conditions on rehabilitation and restoration of environment under the Mines and
Minerals Act No 33 of 1992 (as amended by Act No 66 of 2009) and its regulations
It is timely to look at the legal provisions dealing with restoration of the environment and the
responsibilities of the licensee to act accordingly under this act. With reference to the Maha Oya,
its banks, private/ state land contiguous with the river and especially productive land that had been
excavated for sand and clay are vulnerable in the context of future climate change scenarios and
restoration activities or mechanisms to make use of these abandoned pits has become an absolute
need. It is noted that under Section 35(4) of this Act, every license issued under this Act shall
comply with all written laws relating to the protection of the environment, health and safety
standards and the protection of natural resources and it is the duty of the licensee to rehabilitate
the land to which such license relates and in a manner prescribed by the Act upon the completion
of the exploration or mining authorised by the license.
Responsibility of the licensee to protect the environment described in the Section 61(1) of the Act,
states that the licensee should carry out the mining activity authorised by the license in compliance
with standards and procedures as prescribed by the National Environment Act No 47 of 1980 (As
amended). The licensee shall restore and rehabilitate the land on which such exploration or mining
had been carried out. Upon the failure of a licensee to adhere with the restoration requirements
imposed in a license, the relevant Minister(Minister of Environment and Natural Resources, where
GSMB comes under) is empowered to take steps to acquire the said land by order published in the
gazette about the proposed acquisition of the land or in any interest of the land for a public
purpose.
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Recommendations
3.2. National Environmental Act No 47 of 1980 (as amended by Act No 56 of 1988 and No 53
of 2000)
Provisions for the protection and management of environmental and the natural resources are
mainly governed by the NEA. Polluting inland water bodies and soil have been identified as offences
under Part IV B of the Act. National Environmental Policies and Strategies 2003 and National
Policy on Sand as a Resource for the Construction Industry 2006, both policies adopted under the
NEA provides provisions for sustainable mineral resources extraction, recognising policy principals,
objectives and strategies for environmental management. Further the following regulations
published under the NEA impose restriction on mining activities while emphasising the importance
of minimising environmental degradation.
3.2.1 National Environmental (Procedure for Approval of Projects) Regulations No 1 of 1993
This regulation published by Gazette No 772/ 22 identified mining and mineral extraction as a
prescribed project which requires an assessment of environmental impacts prior to
commencement of the project. A total prohibition on using machinery for sand and gem mining in
Sri Lanka was introduced by the regulation no 1454/4 of National Environmental Act.

3.2.2 National Environmental (prohibition of the use of
equipment for exploration, mining and excavation
Mining and Mineral Extraction of sand and gem) Regulations No. 1454/4 of
– as a prescribed project under 17.07.2006
772/22
• No person shall excavate or mine for extraction or
• Inland deep mining and mineral removal of sand and gem by using any prohibited
extraction – depth exceeding 25 equipment within any water body/ island situated
meters. within it/ the area lying between the river bank
• Inland surface mining of and, the reservation limit.
cumulative areas – exceeding 10
hectares. • Prohibited equipment includes, using backhoes,
• All off shore mining and mineral bulldozers, sucking machines, or any other
extraction. equipment, the use of which maybe prohibited by
• Mechanised mining and the Central Environmental Authority from time to
quarrying operations of specified time.
minerals – within 1km of any
residential or commercial areas • If the use of non‐prohibited equipment to explore,
can be excavated only subject to mine or excavate sand causes environmental
an EIA/IEE. pollution or damage, the use such equipment can
also be prohibited.
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Recommendations
3.3 North Western Province Environmental Statute (NWPES) No 12 of 1990
This statute has introduced for the establishment of the North Western Province Environmental
Authority and provides provision for the protection, management and the enhancement of the
environment within the jurisdiction of the North Western Province.
The North Western Province Environmental Authority is vested with power in dealing with riverine
and costal area fallen under their jurisdiction. Right bank from the estuary of the river is govern by
this NWPES and 100 meters from the right river bank has been declared as a no mining zone.
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Recommendations
4. Key Policies on riverine and costal ecosystem management
4.1 National Environmental Policies and Strategies 2003
“National Environmental Policies and Strategies 2003” is the main policy document on the
environment in Sri Lanka. The policy statement, mentions that resources (including minerals)
should be managed in a manner consistent with the viability of ecological processes. It also stated
that “the economic value of environmental services will be recognised so as to assure the
sustainability of such services for the benefit of the people”. The section on policy outcomes state
that “special protection provided for highly erodible areas, inland and coastal, and areas prone to
landslides be achieved”. The policy also states that “wetlands that are of importance for their
ecological functions are protected”. It also states that “the use of mineral deposits is systematic and
planned so as to bring long term, optimum benefits to the people” has also identified under the
policy document. The policy section relating to biodiversity states that “degraded ecosystems
restored, and further degradation of the country’s biodiversity arrested”. Under the section on
“Agriculture, plantations, land development and mining” the policy states “ensure the physical and
ecological restoration of gem pits and other mining sites”. Key environmental principles including
inter generational equity sustainable development and precautionary principles reflected in the
policy as “restrict sand mining of river‐beds and beaches to within environmentally safe limits
and identify and promote the use of suitable alternative sites for the safe extraction of sand” and
“ensure that mineral resources are used with due regard to equity as regards benefits to present
and future generations and with value addition within the country, as far as possible, in respect of
exports”. Adopt regulatory measures on licensing systems, terms and conditions on environmental
safe guards has also identified as an outcome under this section.
The section on “Fisheries and Coastal and Marine Area Management” the policy stresses the
importance of local community involvement through participatory approach for conservation and
sustainable use of those resources has been highlighted, while giving emphasis on prohibited
activities and its regulation and to “ensure that sand mining within the coastal zone does not
exceed environmentally safe limits and is restricted to designated sites”, Identify coastal erosion
trends and formulate and implement appropriate mitigatory measures”.
4.2 National Policy on Sand as a Resource for the Construction Industry 2006
Keeping in line with the requirement of sound management of sand as a resource for the
construction industry the “National policy on Sand as a Resource for the Construction Industry” was
introduced by the Ministry of Environment and Natural Resources in 2006. One of the main
objectives of the policy was to establish the priority of environmental considerations over
commercial considerations assuring sound environmental governance and accountability at all
levels. The Policy Principles recognised that sand only be used as a “managed resource” and
“exploration of dune sand and terrestrial sand deposits will be permitted only after ecological and
environmental studies have been shown that such extraction is safe”. In view of the significant
environmental consequences of mechanised mining of sand in rivers, it has banned the mining of
the river bed and within 60 meters from the banks of major rivers under the policy statement.
Further developing guidelines to establish no mining zones along the river has also been advocated
under this policy.
In order to manage this resource sustainably, certain procedures have been adopted under the
policy. Formation of District and National Committees regarding this are also suggested and the
GSMB should explore suitable places in rivers where sand can be mined and details, (information,
maps, quantity of sand available for mining) should be submitted to District and National
Committees for future reference. There are certain restrictions imposed by this policy over river
sand mining and accordingly “the total amount of sand that can be extracted per annum from
rivers with sustainable management plans will be restricted to the sand extraction zones in
rivers”. No sand storage facility should be allowed within 10 meters from the river bank. It is further
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Recommendations
recommended that “issuance of permits for sand mining will be completely banned within the
identified distance from the bridges, highways, pump houses, bathing places, fishery harbors and
irrigation structures …”. Under the management procedures, the importance of establishing a
Conservation Fund using certain percentage from the royalties and chargers that are entailed with
issuance of permits is identified. This fund can be used for environmental restoration activities and
funds can be channeled to the Departments of Irrigation, Forest Conservation and Road
Development who have been identified as beneficiaries of the fund. However it is admissible that
the Coast Conservation Department should also be able to access the fund for coastal restoration
work although the CCD has been omitted under the policy.
An idea of an Environmental Fund where money can be used for a broader purposes including
social insurance to the local communities, research and development on alternatives for river sand,
etc is also identified under the revenue procedures.
4.3 National Land Use Policy of Sri Lanka
It is obvious that productive land located bordering the river has been severely degraded due to ad
hoc sand and clay mining. In this context the National Land Use Policy is very much applicable. The
importance of demarcating river reservations is identified in the National Land Use Policy which was
adopted in 2006. In the present context of the Maha Oya sand mining issue of Maha Oya , due
attention has to be paid specially dealing with enlarged river banks and abandoned mined pits
which are contiguous with the river. It is vitally important to demarcate the river reservation to
eliminate or at least minimise the adverse impacts of illegal mining activities and natural causes
over the land. Section 7 of the policy document states that “the reservations of all man‐made water
courses and sources whether private or state will be demarcated and protected with appropriate
conservation measures. In such situation, action will be taken to acquire private lands if necessary”.
Therefore it is highly appropriate that the GSMB along with other state agencies be proactive in
dealing with this issue and to also look at the socio economic repercussions of acquiring private
land as river reservations.
4.4 Other important laws and regulations governing Maha Oya and its reservation
General Provision 227 of the State Land Manual Of Procedure set out the procedures and deal
with declaring reservations under the State Land Ordinance . Section 49 and 50 of the State Land
Ordinance provides provisions on declaring river reservations and it is discussed in chapter 7 of
this publication in detail. However the relevant strip of land along the both side of any public
water body constitute a river reservation , is legally accepted and considered as river reservations
even without making such aforesaid declaration under Section 50 of the State Land Ordinance.
General Provision 228 describes that the State Land adjoining to a river/ stream constitutes a
reservation and the reservation limit of a stream has been defined in the 9912 State Land
Regulation II dated 15.10. 1948 as according to the category of the stream as follows:
a) Small rivers and streams‐ having a width of less than 15 feet; the area laying within 1 chain
from the bank of that river or stream
b) Medium size rivers and streams‐having a width of between 15‐50 feet; the area laying
within 2 chains from the bank of that river or stream
c) Main Rivers‐having a width of more than 50 feet: the area laying within 3 chains from the
bank of that river or stream
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Recommendations
According to sub section 4 of this procedure, it is stated that these lands are not encroached

upon or trespassed and should allow growing forest vegetation in the aforesaid area. In analyzing
sub section 5, it is clear that no river reservation can be made over the private lands along the rivers
and streams, unless it is acquired and gazetted under the State Land Ordinance. However if any
action of a private owner engages in removing earth, cultivation or any such activity leading to soil
erosion of the river bank, Divisional Secretary shall take necessary action with the instructions of
Agriculture Director under the Soil Conservation Act.
In analyzing section 5, it is clear that no river reservation can be established
over a private land along the rivers and streams unless the aforesaid land is
acquired and Gazetted under the State Land Ordinance
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Recommendations
5. Court proceedings on the Maha Oya sand mining issue ‐ SCFR 81/04
Environmental Foundation Ltd (EFL) is an intervenient party to the Supreme Court case SCFR
81/2004 on sand mining on the Maha Oya and EFL has been closely monitoring the status of sand
mining activities along the Maha Oya since 2004 and regularly reporting on issues relating to sand
mining and the status of the river to Court. Certain orders that have been made by the Supreme
Court in order to control unauthorised sand mining activities over time have made considerable
impact on regulating sand and clay mining activities
on the river, lands contiguous with the river and even
the area that falls within the 100 meters river

reservation limit of the river. The rationale behind this
is to minimise the damage to the river caused by Restrictions on sand mining
discriminative sand and clay mining while also taking on the Maha Oya
into consideration the livelihood concerns of the
people who have been dependent on sand mining in No mechanised sand/ clay
the Maha Oya traditionally. mining allowed in the river,
river banks and the reservation
5.1 Restrictions on sand mining along the Maha
Oya Any form of sand/ clay mining
(whether mechanized or
• No mechanised sand/ clay mining is allowed in artisan mining)is not allowed
Maha Oya. Machines can only be used for within the 100m from the river
land restoration, agriculture or any other Traditional miners are only
specific purpose subject to special permission allowed with a permit from
by way of a license issued by the GSMB strictly GSMB
for that particular purpose.
No Mining Zones declared
• Any form of mining activity whether along the river
mechanised or artisan, within 100m from both (Jambugaswatta, Bambukuliya
banks of the Maha Oya is prohibited. water intake, Kochchikade
Accordingly this restriction would apply for main bridge and Maha Oya
the area falls under the jurisdiction of estuary)
Kochchikade, Katana and Divulapitiya in the Traditional Sand Miners and
Western Province and Dankotuwa to Transporters Association
Wennappuwa, within the North Western formed to discourage the
Province (NWP) as per the direction of the illegal activities in the river
Supreme Court. The said areas that come

under the NWP have already been declared as
a “Sensitive Zone”. This was approved by the
Cabinet of the North Western Province in
terms of Provincial Environmental Statute No
12 of 1990, where the left bank of the river
falls under.
• Only Artisan mining activities are allowed in
the river and permits can be issued only for
the miners who have been engaged in this

industry traditionally with a permit. Licenses
should be issued to artisan sand mining and
transportation within the limits approved by
the Court to discourage and prevent
unauthorised sand mining.
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Recommendations
5.1.1 No Mining Zones
Over time, different sections of the Maha Oya have been declared as No Mining Zones by the
Geological Surveys and Mines Bureau as per directions of the Supreme Court on the basis that the
specific areas identified are highly vulnerable or the socio economic infrastructures that are
located in and around the river are under threat due to mining. These areas have been demarcated
properly on the ground resulting in any form of mining activity being banned.
Accordingly, the following areas are declared as “No Mining Zones” by GSMB along the Maha Oya.
• Jambugaswatte area within the jurisdiction of Katana Divisional Secretaries area, 100 metres
along the river towards the sea and upstream.

• 500 metres next to Bambukuliya Water Pumping Station on the Maha Oya.

• 2 Km’s from the Kochchikade main bridge along the river, towards the estuary and upstream.

• 2 Km’s upwards from the estuary comes under the authority of the Coast Conservation
Department.

Figure 3: Jambugaswatte area within the jurisdiction of Katana Divisional Secretaries area
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Recommendations
6. Laws and policies relating to coast conservation
6.1 Coast Conservation Act No 57 of 1981(as amended by Act No 49 of 2011)
This act mainly deals with coastal zone and its resources management, costal restoration and
regulates development activities within the coastal zone which is equally important for the
environmental health and the economic growth of the country. Sri Lanka’s coastal zone contributes
to 40 per cent to the national GDP and is crucial for economic development. Unfortunately some
coastal resources have been over‐exploited resulting in coastal erosion, degradation and
transformation of coastal habitats, as well as water quality deterioration. The Coastal Zone
Management Plan (CZMP) was introduced under this act for the above purpose and it is a Gazetted
document approved by the Cabinet of the Government of Sri Lanka.In addition to this, the Coast
Conservation Department’s Erosion Control Policy published under the CCD states that it is vital to
regulate the amount, location and timing of sand mining to abate coastal erosion.
The new amendment of the Cost Conservation Act No 49 of 2011 strengthen the existing provisions
and the procedures on Special Management Areas which has been adopted under the CZMP. Not
only the areas falls under the coastal zone Any area of land within the Coastal Zone and area of
land adjacent to the Coastal Zone or comprising both areas, declare such area by Order published
in the Gazette, to be a “Special Management Area(SMA)”.However it does not come to effect,
unless that area has been already included in the Coastal Zone and Coastal Resource Management
Plan(CZ&CRMP) prepared under the provisions of this Act. Further Section 22 A of the amended
act refers that the Geological Survey and Mines Bureau shall not issue any mining license under the
CCD law for the area lying within the coastal zone, without obtaining prior consent of the Director
General of the CCD. Under the new amended act , a prohibition is introduced in the filling of any
land or any water body lying within the coastal zone without a permit issued by the Director
General ‐CCD.
Conservation of coastal and marine habitats and their biodiversity are also addressed in the
National Biodiversity Conservation Action Plan implemented by the Ministry of Environment and
Natural Resources.
6.2 Coastal Zone Management Plan
The Coastal Zone Management Plan (CZMP) is a Gazetted document approved by the Cabinet of the
Government of Sri Lanka. It identifies that coastal erosion is a major issue in coastal zone
management. One of the main factors cited, is sand mining in beaches and rivers and specifically
cites Maha Oya as an example, as the coastal stretch associated with it is the most eroded beach
area in the country. The CZMP specifies that management should focus on strict regulation of river
sand mining to (a) avoid worsening of the situation, (b) enhance rehabilitation of the rivers subject
to sand mining in the past and (c) ensure that overexploitation is not repeated in other rivers where
new development is taking place. These statements point out the importance given in national
development plans towards minimising the effects of unsustainable practices on quality of land in
the country. There are certain initiatives taken by the Coast Conservation Department to mitigate
and control the issues on costal management. Coastal Resources Management Plan (CRMP) was
one of the projects commenced and technical assistance was provided to the local community,
Government Departments and NGOs who were involved in this sector.
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Recommendations
7. Key environmental issues to be addressed relating to sand mining and its
associated impacts on riverine and costal ecosystems
7.1 Continued sand mining in the river
GSMB is mandated to regulate mining, transporting, storing and trading of sand among other
objectives. Their role in issuing licenses for the activities defined in the Mines and Minerals Act No
33 of 1992 (as amended) and the policy guidance has been given under the mineral policy “Sand As
a Mineral Resource For The Construction Industry”. As described above, under the “law and policy”
section of this document, environmental considerations need to be taken into account when
making decision on sand mining related issues. It is absolutely important to introduce a proper
monitoring mechanism on river sand mining to make sure that licensees are in adherence with the
environmental safeguards imposed as conditions in their licenses. It is evident that the
environmental compliance of the licensees are very minimal given the fact that there is no
mechanism adopted by the GSMB to blacklist licensees who do not comply with the conditions of
the licenses specially rehabilitation requirements applies for the land which have been mined land
or the location. There is no application of law over degraded lands which are contiguous with the
river as a result of large scale unauthorised mining that occurred without permits. It is apparent
that no serious attempts have been made by any authority to address the issues of both land and
environmental degradation of the specified areas that have been identified in this project.
7.1.1 Process of erosion from upstream of the river to the coast
Environmental issues related to river

sand mining has already received the
attention of the authorities and it is
further highlighted in the context of the
direct relationship between coastal
erosion and sand mining. Further there
are a number of abandoned mined pits
along the river, some which are
contiguous with the water body creating
an enlarged river while some are kept in
isolation without any restoration. The
continued mined pits with the river lead
to river bank erosion resulting in loss of
productive land, loss of habitats and
ecosystems and their services.
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Recommendations
7.1.2 How to deal with the degraded lands due to sand/ clay mining
Mined with a permit creating degraded lands –
procedures
Upon the failure of a licensee to adhere
with requirements imposed under this
degraded private lands act along with a license
contiguous with the river or
within 100 m from the river relevant Minister vested with authority to take
bank as a result of large scale steps to acquire the said land or any interest of
the land for a public purpose
mining with a permit
such acquisition of immovable property should
be done under the Land Acquisition Ordinance
and be transferred to the Bureau (S. 20 of the
degraded State lands Mines and Minerals Act )
contiguous with the river or
within 100 m from the river
Once its acquired river reservation can be
bank as a result of large scale declared over the land under the State land
Ordinance
mining with a permit

Mined without a permit creating degraded lands

– procedures
Section 64 of the Amendment Act, Minister is
empowered to make re gulations on “the preparation
and submission of mine environment and restoration
plansand the manner of compliance”.

degraded private/ upon the non compliance , Minister vested with

state lands which are in authority to take steps to acquire the said land or
any intere st of the land for a public purpose
isolation as a result of
large scale mining
without a permit(Illegal)
such acquisition of immovable property should be
done under the Land Acquisition Ordinance and be
transferred to the Bure au (S. 20 of the Mines and
Minerals Act

proper restoration plan/me chanism can be
introduced or make u se it for commercial purpose
23

7.2 Mined pits
It is appropriate to check the land tenure of the degraded lands especially abounded mined pits
varying from few meters to few kilometers in extent when identifying the available
remedies/solutions for the issue. Some are directly contiguous with the river creating an enlarged
river while some are located in isolation under the status of private ownership.
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Recommendations
Figure 4 : Comparison of the Google image of the same area taken in 2004 and 2010
Jambugaswatte ‐Google Earth image 2004 Jambugaswatte ‐ Google Earth image 2010
7.2.1 Duty to protect environment as a pre condition for mining
As specifies in Section 35 of the Mines and Minerals Act, it is the duty of the licensee to protect the
environment and comply with all written laws relating to the protection of the environment,
health and safety standards and the protection of natural resources. Responsibility of the licensee
to restore the mined environment is defined in the Section 61(1) of the Act.
The procedure to deal with non compliance of the said requirement further deals with the same
law, providing that upon the failure of a licensee to adhere with the restoration requirements
imposed under this act along with a license, the relevant Minister (under whose authority the
subject of mines and minerals come under) vested with authority to take steps to acquire the said
land in any interest of the land for a public purpose by order published in the gazette. According to
Section 20 of the Mines and Minerals Act, such acquisition of immovable property should be done
under the Land Acquisition Ordinance and be transferred to the Bureau for the required purpose.
7.2.2 Issues to be determined
There should be proper identification of the land tenure and the nature of the mining activity
carried out (authorised/ unauthorised) prior to the application of the said provisions as this specific
section clearly deals with the instances where mining had been carried out with a license.
Therefore it is essential to determine the degraded areas that come under this category and a road
map thereupon should be drawn to implement said provisions the of law.
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Recommendations
Very often, mined pits that had been mined out without permits are predominantly comes under
the private ownership.In this context, application of above Section 61 has become immaterial as
no license holders have been apparent. In this context it is advisable to check the possibility of
applying Section 64 of the Amendment Act, where the Minister is empowered to make regulations
on “the preparation and submission of mine environment and restoration plans and the manner of
compliance”. Land owners are also equally responsible to make sure that the mining activities are
done with due diligence, in line with the laws relating to environmental protection. Therefore the
land owners are duty bound to comply with whatever the restoration plans imposed by GSMB and
it can be adopted by way of a set of regulations impose by the Minister under the Section 64. The
environmental policy also stresses the importance of restoring the mining pits while the mineral
policy advocates for a fund for environmental restoration.
It is recommended that an environmental conservation fund should be immediately
adopted enabling the GSMB to initiate meaningful restoration plans for abandoned pits

along the river. Considering the nature and the magnitude of these pits, it may not be
advisable any restoration work other then promoting economic use of pits by introducing
commercially viable projects including aquaculture and recreation activity for some pits.

7.3 Enlarged river
Emphasis should be given to the category ‐ private land which is predominantly found along the
river. Mined pits on state land which are connected to the river can be easily dealt with than
privately owned degraded land contiguous with the river. As described above under section “Mined
pits”, irrespective to the nature of the tenure, if it is obvious that the flow of the river deviated from
its original flow due to human intervention, i.e. mining activities and often that area goes under
water, and can be considered as an enlarged river. However in introducing a management
mechanism, it is appropriate to deal with the two categories in detail.
By keeping in mind that it is prohibited to carry out any form of mining activity within 100 meters
from the river bank as described in different laws and specially by the orders of the Supreme Court
(Maha Oya sand mining case SCFR 81/4), all mining operations bordering the river which constitute
the river bank and the reservation can be categorically considered as illegal. Under these
circumstances, it is highly appropriate that the application of Section 64 of the Mines and Minerals
Act (as amended), where minister is empowered to make regulations on “the preparation and
submission of mine environment and restoration plans and the manner of compliance” whether the
activities have done legally or illegally. Under this provision the land owners are duty bound to
comply with whatever the restoration plans impose by GSMB and it can be adopted by way of set
of regulations impose by the Minister under the Section 64.
Land Use Policy also states that “the reservations of all man‐made water courses and sources
whether private or state will be demarcated and protected with appropriate conservation
measures. In such situation, action shall be taken to acquire private lands if necessary”. Further the
State Land Ordinance provides that the Minister may, by notification published in the Gazette,
declare that any state land is constituted a state reservation for a purpose of the protection of the
source, course or bed of any public stream provided that no State land shall be so constituted a
State reservation unless that land has been surveyed and depicted on a plan prepared by or under
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Recommendations
the authority of the Surveyor General; and has been declared to be the property of the State under
the Land Settlement Ordinance or by a decree of court in a reference case under the Waste Lands
Ordinances, 1987 to 1903; or under the Land Acquisition Ordinance/ Act or resumed by the State
under the provisions of the Lands Resumption Ordinance. Therefore, river reservations can be
declared under the State Land Ordinance upon the acquisition of the privately owned abandoned
pits which are part of an enlarged river and the area directly comes under the category of state
land.
Upon identifying the proper mechanism of restoration, attention should be paid to how it can be
applied over the river reservation. Key line agencies including Department of Irrigation, Ministry of
Environment, Central Environmental Authority, North Western Provincial Environmental Authority,
Ministry of Land, Coast Conservation Department, local authorities and divisional secretaries should
collaborate with GSMB in implementing such programme. It is crucial to involve the community
especially through the existing CBOs and the miners’ organisations that are in operation along the
river.
Figure 5: A site of an enlarged river in Maha Oya
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Recommendations
8. Management of the coastal zone / coastal wetlands and the Dutch canal
8.1 Coastal zone management
There has to be an integrated and holistic approach towards ecosystem conservation, taking the
entire riverine and coastal ecosystems together and considers riverine estuaries, beaches and
coastal wetlands as a part of this ecosystem. Damage and destruction to mangrove areas,
destruction of coastal wetlands due to the establishment of shrimp farms, pollution from
aquaculture and agriculture, siltation due to development activities and destructive river sand
mining have been identified as causes of degradation of the costal ecosystem including the beach,
coastal wetlands and riverine estuaries. The management of coastal habitats in a comprehensive
and holistic manner was initiated by the CCD along with Coastal Zone Management Plan (CZMP).
Providing the legal standing for “Special Management Areas” which was introduced under the
CZMP is recognised under the new Act of Coast Conservation,
The beach from the mouth of the Maha Oya, Waikkal, Wellamankara, and also Lansigama (a stretch
of about 13 kilometers) is identified as the most eroded coastal area in Sri Lanka (See: Figure 6 )
with these high rates being attributed to large‐scale mining in the Maha Oya. Millions of rupees
have been spend in restoring the eroded beach under the Coastal Resources Management Plan
(CRMP) and the efforts are still continued by the CCD. The resources utilised for restoration by the
CCD is the bare minimum and continuous pumping of money is required for the continuation of
project as sand is still being mined from the Maha Oya in a haphazard manner. Therefore it is
appropriate to introduce a quick mechanism whereby the CCD receives compensation from the
authorities who are responsible for downstream degradation of the river. However it is noted there
was a recent decision made b the CCD to stop putting grayones boulders and alternatively
promoting soft enginering methods of Coastal conservation. Costal restoration initiatives should
definitely be empowered through this fund generated from part of the royalties received from
issuing mining licenses by GSMB.
Figure 6: Google image of a most eroded coastal stretch covered under the project

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Recommendations
8.2 Shrimp farms and its impacts on the coastal wetlands and the Dutch Canal
As mentioned in the CZMP 2005, extensive damage has

occurred to the ecosystem of coastal wetlands in the
North Western coastal belt due to the transformation of “Identify the ecological and
large mangrove areas to other uses such as shrimp socio economic issues related to
farming. Much of the coastal pollution in the North shrimp culture in the North
Western Province has been attributed to discharge of Western Province and take
high loads of effluents from shrimp ponds which have measures to rehabilitate the
been developed in a haphazard manner. This is already industry through inter agency
visible in the Dutch Canal and the surrounding coastal stakeholder cooperation and
areas. Further, high levels of nitrates and phosphates effective enforcement of
released from shrimp farms into coastal waters have regulation and compliance with
caused eutrophication of nearby water courses in the guidelines”
region and pollution of ground water. CZMP Strategy 3.1.1
Issues of improper management of costal fisheries sector ,
a proper integrated management system of coastal
fisheries and aquaculture has to be developed to minimise
adverse impacts on the coastal environment. CZMP
Strategy 3.1.1 states that “Identify the ecological and
socio economic issues related to shrimp culture in the North Western Province and take measures
to rehabilitate the industry through inter agency stakeholder cooperation and effective
enforcement of regulation and compliance with guidelines”. National Aquaculture Development
Authority (NAQDA) mandated to provide for the establishment of the National Aquaculture
Development Authority of Sri Lanka, to develop aquatic resources and the aquaculture industry By
addressing the environmental and socio economic issues related to abandoned shrimp farms in this
area, it is recommended by the NAQDA that those ponds shall be used for other inland aquaculture
projects. It is apparent that some of the ponds are not suitable even for such industry due to
various reasons including salination. It is proven that when a farm remains abandoned for a period
of time, it functions as a wetland habitat and resultant in , improving flood retention capacity of
the area. Therefore it is not advisable to reclaim it in an ad hoc manner or to utilise these shrimp
ponds for other development purposes as it reduces the water retention capacity of the coastal
wetlands. This would lead further to aggravate environmental issues in the area and negatively
affect the ecosystem causing floods, affect habitats, especially those of migrant birds and other
species.
Under the Wetland Management Policy, it is stated that “all planning bodies integrate wetland
management into land use plans at all levels” to meet the objectives of the policy, including prevent
illegal utilisation of wetlands. In order to meet this objective, its import to identify the land tenure
of the abandoned shrimp farms. If it a state land leased out for such purpose, it should only be used
for that specified purpose, unless the land in question should be taken back from the current
occupant and possible alternative land uses can be determined at the local level, through District
Land Use Planning Committees established under the District/ Divisional Secretaries. Dealing with
privately owned abandoned shrimp farms has become absolute as NAQDA is only looking at shrimp
farms that are registered under them or currently in operation. However CZMP claims that
“Implementation of effective monitoring mechanism and enforcement of guidelines to promote self
monitoring by the developers” are also important to carry out the industry in a sustainable manner.
Further, the National Environmental Act provides provision to declare a sensitive ecosystem or a
part of it with an environmental significance as a “Environmental Protection Area (EPA)”, a type of
a protected area that can be declared by the Minister by way of a gazette for the specific area with
the list of permitted activities, its parameters for the referred area. However the applicability of this
provisions of National Environmental Act would restrict only to the Western Province as the north
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Recommendations
Western Province has under the control of NWP Environmental Statue where the core area of this
issue fallen under.
8.3 Dutch Canal and its potentials
The Hamilton Canal (formally known as Dutch Canal) was originally constructed during the Dutch
Colonial period and was improved and strengthened by the British, later on. This canal travels more
than 120 km north to Puttalam. It is maintained periodically and rock fill work is done where banks
are eroded over time.
The Dutch Canal renovation project from Colombo to Maha Oya has already been initiated by the
Sri Lanka Land Reclamation and Development Corporation (SLLRDC) aiming to introduce tourism
activities using the canal The SLLRDC intends joining the Hamilton Canal with the Colombo canal
network to develop the tourist industry as well as for transportation of the public and goods.. It is
highly appropriate to extend this the project further towards the North Western Province enabling
to introduce tourism activities in the coastal wetlands and to enable communities to share the
benefits, improve livelihoods while managing the ecosystem. Hotels in the vicinity have also shown
interest in developing canals for water sports and related leisure time activities, thus linking the
waterways with the adjoining land.
There is no doubt about the

commercial viability of such projects
as tourism establishments are already
operating in the area using the Dutch
Canal and associated wetlands for
recreation and eco‐tourism activities.
Declaring the costal wetland strip
between Maha Oya and the Rathmal
Oyadeclares as a tourism zone. The
National Wetland Policy also
advocates eco tourism in the wetlands
and strategy 3.7.4 refers to “promote
eco tourism to utilise the revenue for
the purpose of eco system
management”. q
Demarcating the canal reservation of the Dutch Canal is placing high importance in restoring the
eroded banks, which happen to be fully covered with rich mangrove vegetation which have been
severely degraded over the last few years due to human interventions. Section 49 and 50 of the
State Land Ordinance provides that the Minister may, by notification published in the Gazette,
declare that any state land is constituted a state reservation for the purpose of the protection of
springs, tanks, reservoirs, lakes, ponds, lagoons, creeks, canals, aqueducts, elas, channels (whether
natural or artificial), provided that no state land shall be so constituted a State reservation unless
that land has been surveyed and depicted on a plan prepared by or under the authority of the
Surveyor General; and has been declared properly under any of the laws referred in the Ordinance.
Therefore it is recommended to survey and mark the canal reservation following the proper
procedure laid down in the State Land Ordinance.
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Recommendations
9. Recommendations
Several recommendations have been made after assessing the applicable policy and legal
framework with the scientific findings derived from the project carried out by EFL along the Maha
The objective of this exercise is to disseminate scientific and policy relevant information to the
public and decision makers and the government authorities. These recommendations are envisaged
to support better policy making and to arrive at sound decisions on sand mining related issues on
the Maha Oya. Further, it is recommended to see the possibility of applying key recommendations
to other rivers to avoid the same situation in future due to discriminative sand mining.
9.1 Enforcement of the existing laws on sand/ clay mining
9.1.1 Enforcement of existing laws, policies and relevant regulations on sand or clay mining should
be strengthened. Therefore no license should be issued for mechanised mining in the river
and the river reservations that are identified under the law.
9.1.2 Implement the prohibition on any form of clay or sand mining within 60 meters from the river
banks of the river. Areas marked as special reservation limits up to 100 meters that have been
already introduced along the river should be kept remain.
9.1.3 The Supreme Court Ruling on “No Mining Zones” should be strictly implemented and such
declarations of No Mining Zones on the river should be gazetted under the Mines and
Minerals Act.
9.1.4 GSMB should co‐operate with the Police Department to abate illegal mining and regulate
sand transportation by prosecuting the offenders, with special attention to the No Mining
Zones which are vulnerable to illegal sand mining on the river.
9.1.5 A preference should be given to the people who have traditionally engaged in sand mining
related activities with the recommendation of the Grama Niladhari about their occupancy
when issuing licenses.
9.2 Procedures on regulating sand mining as a managed resource
9.2.1 Suitable “Management Plans” for the river should be developed in line with the existing
Mineral Policy. Special attention should be paid to locations where abandoned pits
contiguous with the river, thus creating an enlarged river and eroded river banks.
9.2.2 GSMB should develop a criteria and a set of guidelines to announce “No Mining Zones” on
the river to safe guard environmentally sensitive areas of the river and socio economic
structures located in the area while identifying “Sand Extraction Zones” in the river where as
people are allowed to carry out their traditional sand mining activities.
9.2.3 GSMB should carry out sand surveys periodically and the quantity of sand available and sand
that should kept remain in the river to nourish the beach should be scientifically assessed
with the involvement of the CCD. The number of permits, permitted locations and the
quantity of sand can be removed from the river per annum should be assessed after taking
CCD requirement into consideration.
9.2.4 No open transport licenses should be issued without specifying the collecting points
(Mankada) and the final destination and the allowed route for transportation and permissible
areas of collection, i.e. Divisional Secretariat area . Specifications should be mentioned in the
transport license enabling the police to trace the violators, offenders during transportation.

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Recommendations
9.2.5 A proper Monitoring System should be introduced to make sure that the conditions of the
license are complied with. The involvement of the police officials of the respective area and
the environmental officials attached to the respective regional office should be guaranteed in
this activity. Prompt attention and consideration should be paid to the post extraction
environmental restoration and the compliance of environmental requirements laid in the
permit upon the award of renewal of a license. Due attention should be given to the areas
which have been mined illegally, when introducing a monitoring mechanism of the river.
9.2.6 In order to meet the above targets more effectively, institutional capacity for the monitoring
of sand mining at the local level shall be strengthened. Law enforcement units (Flying Squads)
can be established by GSMB while obtaining the support from the police officials who are
delegated with authority to carry out such detections.
9.3 Abandoned sand/ clay mined pits and enlarged river
9.3.1 A proper survey of abundant pits should be carried out by the GSMB to identify the
restoration requirements and mechanisms that can be applied. Regulations should be made
by the subject Minister under the Mines and Minerals Act on the “preparation and
submission of mine environment and restoration plans and the manner of compliance”.
9.3.2 Possible commercial usages of the large abandoned pits and enlarged river i.e. agriculture,
aquaculture and recreational activities shall be considered after assessing the environmental
and socio, economic impacts of such conversion.. Private party involvement in these activities
should be encouraged while working with the relevant line government agencies, in line with
the applicable laws.
9.3.3 Upon the non compliance of the directions of GSMB on restoration plans above referred,
appropriate measures should be taken to acquire the said land for a public purpose following
the proper procedure laid down in law. When making such decision, parties should be given a
fair hearing and an opportunity to rectify their legal rights and obligations over the land
within a given time period.
9.3.4 Department of Irrigation shall declare river reservation in consultation with the relevant
authorities over the state land for the purpose of the protection of the river and the river
banks under the State Land Ordinance following proper procedure. Even private lands that
had been acquired under the Mines and Minerals Act shall also be subject to such declaration
as river reservations.
9.3.5 Privately owned abandoned pits which are contiguous with the river, creating an enlarged
river should also deemed to be a part of the river and manage by the GSMB in consultation
with the line agencies, . When making a decision on the enlarged river, inter agency multi
stakeholder involvement shall be ensured
9.3.6. Department of Irrigation should identify illegal and/ or unauthorised structures associated
with tourism and other development activities that have adverse impacts on the river and the
river bank and appropriate measures should be taken to remove or demolish such
unauthorised structures accordingly, while working with the relevant agencies.
9.3.7 Encourage the mining community to become organised as a group and their active
involvement in restoration activities shall be ensured.
9.3.8 Alternative livelihoods for the sand miners should be promoted among the community to
increase the financial resilience as the potential of the sand mining on the Maha Oya is being
reduced, resultant an unemployment among the riverine community.
- 23 -
Recommendations
9.4 Environmental conservation fund or conservation levy on the mining industry
9.4.1 Ministry of Environment shall establish an “Environmental Conservation Fund” which was
advocated by the Sand Policy 2006, by allocating 10% of the royalties or charges collected
from issuing licenses. Funding should be released to the line government agencies to carry
out the restoration and conservation efforts of the riverine environment. and also for the CCD
to initiate restoration work in the coastal zone. It is noted that the CCD has been omitted as a
beneficiary under this scheme proposed in this existing Sand Policy. Therefore CCD should be
identified as an important party to this scheme and ensure the benefits of such scheme are
reached to carry out the costal restoration activities of the associated area.
9.4.2 A conservation levy shall be introduced over the mining industry, taking in to consideration
of the environmental impacts of excessive sand/ clay mining and the cost burdened on the
State Agencies in the restoration and the rehabilitation of the degraded riverrine and the
costal environment and the value of the lost of the eco system servers deprived by the mining
industry.
9.5 Promote alternatives for river sand
9.5.1 Alternatives for the river sand mining should be promoted specially among the construction
community. Private and government construction agencies should be encouraged the optimal
use of sand and research on new construction techniques and methodologies. Awareness
raising should be carried out to eradicate negative response towards sea sand. The GSMB
should work in collaboration with SLLRDC and SLSI to introduce an accreditation system for
quality assurance of sea sand.
9.5.2 Inland sand mining should be discouraged. Any such permit should be issued only after
carrying out a terrestrial sand survey to check the available sand deposits with due regard to
environmental and ground water concerns. Environmental clearance from the Central
Environmental Authority and the respective Divisional Secretaries Office should also be
mandatory when considering such issuance of license.
9.6 Coastal ecosystems management
9.6.1 Impacts on coastal erosion caused by excessive river sand mining activities should be assessed
and proper joint monitoring mechanisms should be adopted to make sure that required level
of sand and sediment is kept remain in the river when issuing mining licenses .
9.6.2 Proper funding mechanisms should be established for coast conservation activities in the
area. GSMB along with the ministry of Environment should introduce a compensation
mechanism through the proposed conservation fund using a percentage of their earnings or
the royalties collected when issuing licenses for river sand mining.
9.6.3 CCD shall prepare Costal Resources Management Plan (CRMP) for the most affected coastal
stretch taking in to account the costal wet lands which are located further beyond the area
comes under the definition of the “coastal zone”.
9.6.4 No river sand mining permits shall be issued with two kilometers from the river estuary and
no development activity shall allow within the coastal zone unless all the procedures
including EIA requirements are complied with.
9.6.5 Identify illegal or unauthorised structures associated with tourism and other development
activities that have adverse impacts on the coastal zone, Dutch canal and the coastal
wetlands and appropriate measures should be taken to remove or demolish such
unauthorised structures.
- 24 -
Recommendations
9.6.6 Central Environmental Authority, North Western Province Provincial Environmental

Authority, CCD and SLLRDC along with the local authorities and the Divisional Secretaries
should regulate development activities while managing and controlling changes in the land
use of coastal wetlands. Regulating development and economic activities within and outside
the coastal zone that affect marine fishery, through appropriate regulations/ guidelines of the
CEA and other agencies with inter agency cooperation/coordination
9.6.7 CEA and/ or NWPEA shall prepare and compile a comprehensive database on abandoned
shrimp farms in their respective area of jurisdiction and assess its change of land use over the
time and its adverse impacts on the coastal and riverine environment . A management plan
for the said areas should be prepared in partnership with NAQDA, Ministry of Fisheries and
Aquatic Resources, North Western Provincial Environmental Authority and the respective
Divisional Secretaries Office.
9.6.8 Coastal wetlands management should be integrated into land use plans at all levels.CEA,
along with the Provincial Environment Authority should conduct a research on
environmental significance of the wetland and the threats to the said ecosystem in order to
ensure the safeguards given under the NEA and the NWP Environmental Statute.
9.6.9 Any identified coastal wetland or a part of it with an environmental significance located in the
Western Province shall be declared as an “Environmental Protection Area”(EPA) by the
Ministry of Environment under the National Environmental Act. Suitable measures shall be
adopted by the NWPEA to safeguard the environmental significance of the identified
wetlands located in the North Western Province.
9.6.10CCD along with the Provincial Environment Authority should carryout research and study the
sources of pollution of the coastal area including untreated industrial effluents and sewage
discharged from the tourism industry, shrimp farms and other industries located in the
coastal zone, and coastal wetlands including the Dutch canal and assess their impact on the
coastal zone, coastal wetlands including the Dutch canal.
9.6.11Canal Reservations of the Dutch canal should be demarcated by the SLLRDC following the
proper procedure. Land acquisition along the canal should be done accordingly under the law,
taking into consideration of the rights of the land owners.
9.6.12 The existing Dutch canal rehabilitation project should be extended further towards the North
Western Province enabling the introduction of tourism activities in the coastal wetlands,
whereby making possible for the communities to share the benefits, improve livelihoods
while managing the ecosystem.
- 25 -
About the project
Increasing the resilience of coastal and riverine communities to climate change and other threats
by conserving the ecosystems of the Maha Oya and associated coastal wetlands in Sri Lanka
Mangroves for the Future (MFF) is a unique partner-led initiative to promote investment in coastal
ecosystem conservation for sustainable development. It was established following the impacts of the
December 2004 tsunami to provide support to vulnerable countries in south and south east Asia to
address future threats of climate change and other natural disasters. MFF supported EFL to implement a
2-year project to protect and conserve the Maha Oya and its associated coastal and riverine ecosystems.
The project took an integrated approach with a focus on strong scientific, advocacy and community
components, with the aim of social and economic empowerment of communities and human wellbeing
through ecosystem conservation. Project outcomes include influencing policy and decision making for
ecosystem conservation, generating scientific data, ecosystem restoration, community empowerment
through alternative livelihood training, capacity building of stakeholders and sensitising school children
towards environmental conservation.
About the organisation
Protecting and conserving Sri Lanka’s environment
Environmental Foundation (EFL) is one of Sri Lanka’s oldest public interest organisations working in
environmental conservation and protection. Established in 1981 EFL is engaged in conservation through
legal and scientific means, and supports poor and disadvantaged communities defend their rights to a
clean and healthy environment. The organisation implements donor funded projects, disseminates
information on conservation related topics and lobbies for better policies to support a sound
environment.
No. 146/34, Havelock Road, Colombo 5, Sri Lanka

Tel: (94 11) 739 67000 Fax: (94 11) 452 8483
Email: efl@sltnet.lk Website: www.efl.lk

Impacts of Sand and Clay Mining on the Riverine and Coastal Ecosystems of the Maha Oya

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Impacts of Sand and Clay Mining on the Riverine and Coastal Ecosystems of the Maha Oya

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DRAFT

Impacts of Sand and Clay Mining on the Riverine

8.2. Shrimp farms and its impacts on the coastal wetlands 20

NWPES North Western Province Environmental Statute

The National Aquaculture Set up the National Aquaculture Development Authority National Aquaculture

According to sub section 4 of this procedure, it is stated that these lands are not encroached

Environmental issues related to river

degraded private/ upon the non compliance , Minister vested with

As mentioned in the CZMP 2005, extensive damage has

There is no doubt about the

9.6.6 Central Environmental Authority, North Western Province Provincial Environmental

About the organisation

Protecting and conserving Sri Lanka’s environment

No. 146/34, Havelock Road, Colombo 5, Sri Lanka

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