CEJ Sends Letter Of Demand To CEA Against Ramakan Oya Project
CEJ Executive Director Hemantha Withanage yesterday said CEA Director General under the Ref No. 08/EIA/AGR/01/2020 dated 15.10.2020 has provided the guidelines to Mahawali Authority Director General for the proposed without adhering to the provisions of the National Environmental Act. Around 5828 acres (2359 ha) are to be cultivated Maize under this project and land parts per around 500 ha are to be divided and hand over among few people. We have learned that around 500 ha has already been cleared and the CEA has issued the aforementioned letter saying that if the development activities are within the land areas belongs to Mahawali Authority, there is no such need to consider those for issuing an EIA approval, Withanage added.
Instead of taking actions against clearing the forest without an EIA; the CEA issuing a set of guidelines is contrary to the National Environmental Act No.47 of 1980, as amended. Withanage said that if the proposed development activities are utilizing a forest cover exceeding 1 ha for non-forest uses or clearing a forest cover more than 50 ha, an EIA process must be followed. CEA has provided Term of Reference (TOR) to the Mahawali Authority along with the said letter to submit only an Initial Environmental Examination (IEE). CEJ believes that IEE is not adequate and EIA must be done before starting the project. Section 20 of the Forest Conservation Ordinance No.16 of 1907, as amended list out the prohibited acts in any Forest other than a Conservation Forest, Reserved Forest or Village Forest.
As per the sub section 20 (f) of this Ordinance, making any clearings in such forest is illegal and according to the sub section 20 (k) of the same, clearing or breaking up soil or digging any land for cultivation or any other purpose or cultivate any land already cleared shall be guilty of an offense. According to the recent judgment (Centre for Environmental Justice v. Anura Satharasinghe, Conservator General -CA WRT 291/2015) given by the Court of Appeal in Sri Lanka regarding the deforestation of Wilpattu National Park and its forest complex highlighted that the powers vested in public authorities are not absolute or unfettered but are held in trust for the public and their exercise is subjected to judicial review by reference to those purposes.