While the state machinery is busy discussing whether or not to draft the 20A, to ban or not to ban cattle slaughter or to open or not to open the Airport, the environment is once again receiving less than what could be described as a step-motherly treatment. Having fallen from the pan to the fire during every successive regime many have come to the conclusion that there will be less greenery remaining in the country during the next five years.   

The decision to revoke the 05/2001 circular issued back in 2001 that gave provisions to the Forest Department to develop and protect state forest patches is described as ‘detrimental’ to Sri Lanka’s flora and fauna. To make things easier, these forest patches were re-termed ‘residual forests’ so as to mislead public. By revoking the circular, these forest patches which are habitats to endemic species and some that even serve as elephant corridors will be deforested for commercial projects. However, on a suspicious note, many such activities have been taking place around the island for quite some time.   

As such, over the past two to three weeks, as many as 10 incidents of land clearances were reported from several parts of the country. These areas include Wanathawilluwa, Hanthana and Knuckles Mountain ranges, Morawewa Forest reserve, Wilamulla Mangrove site, Udawalawa Forest reserve, Randenigala, Andiyahinna Forest Reserve, Kalawana Botiyathenna Hill Side and Nawalakanda Balagala Forest Reserve. When questioned, most authorities including the Forest and Wildlife Departments and the Central Environmental Authority claim that either they were not aware of such activities or that the cleared areas don’t fall under their purview.   

However, several lands in question also fall under the purview of the Land Reform Commission. The Commission was established by the Land Reform Act of 1972 during Sirimavo Bandaranaike’s regime to expropriate agricultural land above a specific ceiling. Most of these lands were jungle or uncultivated areas. However, while many seem to be in a hurry to construct hotels in the guise of eco-tourism ventures they forget or deliberately avoid going through the hassle of conducting an Environmental Impact Assessment (EIA) of the area. In fact, an EIA is a sine qua non in conservation practices and it has been clearly indicated in the National Environment Act (NEA) and other statutes drafted in favour of the environment.   

But there exists several lapses. Those found guilty of environmental crimes have often been bailed out despite strict provisions included in statutes. According to senior environmental lawyer Jagath Gunawardena the most important statute that needs to be amended is the NEA which was substantially amended back in 2000. This means it has not been amended for over three decades. He says that certain important provisions need to be included such as protecting wetlands, pollution control measures, provisions to stop establishment of industries by way of injunctions etc.   

Other statutes include the Flora and Fauna Protection Ordinance and Forest Conservation Ordinance were amended in 2009, the Marine Pollution Act which was enacted in 2008 and discussions for amendments have been ongoing for more than five years. The Coast Conservation Act was amended in 2011 and has to include provisions to control and curb environmental and marine pollution. In addition to that a new act for bio-safety is a timely need. Mr. Gunawardena points out that a bill was in the pipeline but not yet discussed in Parliament. There also has to be controls on new organisms and invasive plants coming into the country. The Bio-conservation Act too needs to be amended.   

According to environmentalists, Sri Lanka’s forest cover has reduced from 82% to 16% between 1882 and 2016 respectively, where as the average rate of forest land (area of forest land covering land area) in Japan for instance is 67% according to World Bank statistics recorded in 2016.   

However, as environmentalists have been demonised for standing in the way of development and depriving people of a long-lost dream to obtain a road for instance, the laws too have become a joke with the mandate given to individuals who question the importance of oxygen. So, all that we could possibly say is, “Sorry, Mother Nature!”