28th June 2006, Colombo Today Centre for Environmental Justice withdrawn its Writ Application No 551/2005 against the Coast Conservation Department and others, after 2nd Respondent-Minister of Fisheries and Aquatic Resources published the Gazette Extra Ordinary No.1429/11 dated 24.01.2006 amending the Sri Lanka Coastal Zone Management Plan-2004.

In the aftermath of the devastation caused by the recent Tsunami, the Government of Sri Lanka has decided to declare a Coastal Conservation (Buffer) Zone of 100 m around the coastal belt except in the Northern and Eastern Provinces where it is of 200 m with the declared objectives of safeguarding the lives of coastal population and to protect the coastal environment. In declaring such Buffer Zone the government might have been motivated by the fact that in places where the natural coastal eco-systems remained intact the damage caused by the Tsunamis was minimal. However, the future of the said Buffer Zone remains uncertain since it has no legislative sanction and due to the opposition by certain political parties and segments of the public. Further there was no assurance of equitable treatment for big businesses and poor communities reside in the Buffer zone.

In view of the above situation petitioner Withanage Don Hemantha Ranjith Sisira Kumara by Attorneys at law Mr. Mangala Wijesinghe and Mr Ravindranath Dabare filed the above case on 29th March 2005 seeking for writ of mandamus to compel Respondents to strictly enforce prohibitions and / or restrictions in relation to the Coastal Protection Zone and Setback Areas; to ensure and guarantee the right of the public to have access to and to use and enjoy any portion of the beach and to revise the said Coastal Zone Management Plan. In his petition the petitioner has stated clearly the importance of such buffer zone for the protection of the coastal environment as a right of present and the future generations as well as the lives of the millions of people living in the coastal zone

Respondents in this case were Director, Coast Conservation Department, Minister of Fisheries and Aquatic Resources and Attorney General. Responding to the application, the 2nd Respondent-Minister of Fisheries and Aquatic Resources published the Gazette Extra Ordinary No.1429/11 dated 24.01.2006 amending the Sri Lanka Coastal Zone Management Plan-2004 and hence the application was withdrawn by the Petitioner on 28.06. 2006.

According to the Management plan a 100 meter no construction zone will be implemented from Kuda Oya sea mouth in the Northwestern Province boundary to Kirindi Oya in the Southern province. From Kirindi Oya covering eastern, north and Mannar down to Kuda aOya a 200 meter no construction zone will be managed. All the National park areas bordering the sea i.e Yala, Kumana, Panama Bundala and Wilpattu a 300 meter no construction zone will be managed. The areas above five meter contour, 25 meters from the tip of the hard rock will be a no construction zone. All constructions will be subjected to the Environmental Impacts Assessment in all the coastal areas. Highly vulnerable areas and sensitive areas also have been identified under this plan. 300 meters to the landward from the high tide level and two kilometers to the seaward form the low tide level comes under the jurisdiction of the Coast Conservation Department under Act No 57 of 1981.

More information: Nilmal Wikramasinghe, Legal Officer ++94-11-2683282
Dilena Pathragoda, Director (Projects), ++94-11-2683282

Notes to the Journalists
Giving an introduction,Chapter 1.5 of the CZMP of 2004, states as follows;
“ Structure and Content:
The updated CZMP is divided into several chapters. Chapters 2-7 are issue related and deal with key problems to be addressed through integrated coastal zone management. The chapters on Managing coastal erosion (Chapter 2), Conserving Coastal habitats (Chapter 3), Controlling coastal water pollution (Chapter 4), Special area management (chapter6), Managing sites of special significance, and public access(chapter 7) and Regulatory mechanism (Chapter 8) are updates of Chapters in the revised CZMP of 1997. In addition, this Plan includes for the 1st time a Chapter on Integrating coastal fisheries and aquaculture with coastal zone management (Chapter 5).This deals with the need to reduce impact of coastal capture fishery and aquaculture on the Castal Zone and to identify and regulate activities in the Coastal Zone that have adverse impacts on fishery productivity.

Each issue related chapter provides an insight into the status of the coastal resource or problem needing management interventions(as relevant); the issue to be addressed ; and the existing plans, policies, programmes, laws ,institutional mechanisms and enforcement regimes that influence management interventions. Each of these chapters contains management objectives and the related policies and actions. Each objective has been drafted in this plan as a desired state, and corresponds to a key coastal problem requiring management interventions. The policies indicate the board causes of action that will be supported and adopted to realize each objective. The strategies target key issues and suggest the different interventions or plans of action that can help achieve a particular objective. The proposed actions identify the specific steps required to pursue a particular strategy.

The current CZMP sets out a comprehensive list of interventions required for management of the coastal Zone in an integrated holistic manner for conservation and prudent use of its resources while enabling sustainable development. Some of the recommended activities are in progress but are reiterated hereinto emphasize their importance and to ensure continuity. Many new actions are proposed to address issues of recent origin or those not fully resolved through previous interventions. The actions listed in this document are not necessarily limited to those which the CCD has to carry out directly through its own institutional programes. Indeed much of the activities identified here would have to be carried out through other institutions and agencies, for which the CCD would have to evolve mechanisms to enable the required collaboration, coordinating the monitoring (Chapter 9).

Salient Features.
An important new feature in this updated CZMP is that it has drawn on the technical backup provided by GIS application, especially in respect of Chapter 3,6 and 7 , in parallel with field investigations. Another positive feature is that peace process permitted access to the previously inaccessible areas in the Northern and Eastern Provinces for ground truthing of management issues. This has provided a better understanding of the status of coastal habitats an d sites of special significance in these areas as well as the issues to be resolved, enabling the inclusion of management elements to address them.(Chapter 3,7). Likewise the inclusion of sites in the North and East has resulted in a more representative and realistic identification of sites for Special Area Management (Chapter 7). The plan also addresses the need for better preparedness to meet the future challenges of climate change (Chapter2). Another new feature is the frame work for a plan of action to implement the CZMP, covering identification of responsibilities for such action and areas for coordination and collaboration (Chapter 9).

The CZMP of 2004 aims to steer the CCD towards a role that places more emphasis on policy planning and grater involvement in facilitating and coordinating planned integrated coastal zone management. Examples are introduction of the concept of shoreline management for controlling coastal erosion by examining this problem more holistically (Chapter 2), and enhancement of Special Area Management (Chapter 6).”

Main aims of the CZMP 2004 can be cited as follows;
1. to identify coastal problems
2. to assess the status of the problems to be addressed and the management interventions needed
3. to present the CCD Management programme to address the identified problems.
4. to identify the role of other governmental and non governmental organizations to reduce the magnitude of coastal problems.
5. identify research activities of immediate importance for the management of coastal resources.

The regulatory mechanism pertaining to the Coastal Zone includes the following:
• Enforcement of a Permit System
• Prohibition of activities
• Designation of Buffer Zones (setback standards), variances and exemptions.
• Suggested long term approach
• Interim guidelines for nationally important projects
• Compliance monitoring
• Removal of unauthorized structures
• Delegation of powers
• Provision of guide lines and standards for specified activities
• Requirement of environmental Impact Assessment (EIA) and Initial Environmental Examination (IEE) .