Thursday, May 13, 2006. The establishment of the 900 MW Coal Power plant, Norochcholai is controversial not only due to its social and environmental implication but due to legal implications too. The initiation of the coal plant is a breach of the court settlement of Court of Appeal application 318/98 EFL Vs CEA and others in 2001.

There are number of unresolved technical issues. Use of cooling water and release of hot water, unloading coal through a conveyor belt, storing of ash, possible air pollution are few among them.

The Chinese involvement also makes the situation worse. China is infamous for selling high sulfur and high ash coal. Although it was not reported Chinese grant would have a condition to use Chinese coal in the power plant.

Beyond the social and technical implications the laying of the foundation stone without a proper EIA approval is a more serious violation of the local environmental regulations as well as the settlement under the Court of appeal application 318/98. The EIA was originally considered under the Coast Conservation Act. However, North Western Provincial Environmental Authority intervenes in the EIA process and approved the project. Our submission to the court was on the basis that this EIA should be considered under the National Environmental Act by the Central Environmental Authority.

During the hearing the counsel for the third respondent, the Ceylon Electricity Board, stated that his instructions are Cabinet of Ministers have directed the 3rd Respondent not to proceed with the present scheme and look for an alternate site and also not to locate this coal power plant at Norochcholai. Further, counsel for the 4th respondent i.e Chief Minister of the North Western Provincial council stated that in the event the said power plant is to be located at Norochcholai the 4th Respondent would go through the provisions of the NEA Environmental Impact Assessment.

The case was moved to be withdrawn on this basis. Therefore it is very clear that the present move of the Government of Sri Lanka and the Ceylon Electricity Board is a breach of this court decision.

There are number of other related issues. There is no doubt that this power plant will generate number of environmental problems. However, under the current situation Central Environmental Authority believe that is not responsible for the environmental problems in the North Western province. There are many serious environmental problems such as sand and clay mining, industrial pollution which NWP Environmental Authority has no capacity to deal with.

Since the EIA approval for the Coal Power plant was given by the provincial Environmental authority CEA will not intervene in monitoring the coal power plant. Do the environmental regulators solve this problem before clearing the approval for the Coal plant?

Hemantha Withanage,

Executive Director, Centre for Environmental Justice,

59/14, Kuruppu Road, Colombo 08 Sri Lanka

email: info@ejustice.lk Website www.ejustice.lk