ENVIRONMENTAL LAW.

GARBAGE

Department of LawUniversity of Jaffna.

Group No.07 A.Arjun

Jasotha.R

Kamalagini.K

“Talking about pollution, nobody's holy.They who pollute, sinned against nature.”

- 7th Group

Garbage

• United Nations Statistic division- wastes are material that are not prime products for which the generator has no further use in terms of his/her own purposes of production, transformation or consumption, and of which he/she wants to dispose. Wastes may be generated during the extraction of raw materials, the processing of raw materials into intermediate and final products, the consumption of final products, and other human activities. Residuals recycled or reused at the place of generation are excluded

• Section 33 of the NEA

Static's of Garbage

• 2012- World get around 2.6 trillion pounds garbage

• 2013 – The UNEP calculation – garbage increased by 21percentage.

Polluter Pays Principle

• Polluter has pay for all the expenses to neutralized the environment.

• Different capacity to generate the garbage.• Inequitable manner of sharing

Types of GARBAGE

Municipal Solid Waste- a critical environmental issue obligation of local authoritiesEg: Household necessities, restaurant Hazardous Waste- the contribution of

industrialization The nature of toxicEg: Chemicals of Mercury, Cyanide

Types of GARBAGE

• E-Wastage• Higher use of electronic products lead to the

higher generation of e-wastage. • Many of these in original condition could be

reused or recycle.• Eg: Mobile and computer parts• Hospital Waste• It could be clinical or non-clinical• The risk of infections are very high.

Problems of Garbage

• Effect of chemicals on wildlife and food cycles Health problems-mosquitos and rats eg

dengue• Soil and water pollution by chemicals and

hazardous waste• Reduce resources for future generation

Waste disposal and precautionary principle• Waste cannot be reused or recycled must be disposed. But all waste

disposed near sea or lakes or wetland without any reused or recycled.Eg. Kakkaithevu, Jaffna

• According to precautionary principle, we shall protect water from disposal wastes. Because always dumping wastage in near water. In future water have been polluted.

National level– Marine pollution prevention Act-s27– Costal Conservation ActInternational standards

London Dumping Convention 1972Bamako convention Article4(2)

Methods for disposal

• Open dumping• Sanitary landfill• Incineration• Recycling• Compositing

3R’s

RECYCLEREUSE

International MovementsThere is no effect movement from international community to handle the issue of garbage. Until mid of 1980s.Conventions

Basel Convention of 1989- Trans boundary export control mechanism.Loma’ Convention of 1989- Support to Basel Convention.Bamako Convention of 1991- Stop importation to Africa.

International Purview

• Intra-Generation Principle, the unequal sharing of the effects.

• Export of Garbage , from develop countries (Industrialized) to developing countries

Stockholm Declaration, Principle 21

• States have, in accordance with the Charter of the UN and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other states or of areas beyond the limits of national jurisdictions.

Zero wastage , is a fundamental right?

• 01. Lopez Ostra V Spain (1995) 20 EHRR 227 (Right to Privacy, Family and Home)

• 02.Gutrra and others V Italy (1998) 26 EHRR 357 (Right to information)

• M.C. Metha Vs. Union of India AIR 1988 SC (Absolute Liability)

Laws relating to waste management in Sri Lanka

• Articles 3, 12(1), 13(4), 14(h) and 28(f)

• Section 10, 23 of National Environment Act of 1980

• Ensure the compliance with National waste Management policies via environment protection. (s10)

• No body could dispose the waste in manner which affect the environment (s23(b))

Laws relating to waste management in Sri Lanka

• Sections 129,130 and 131 of Municipal council ordinance

• Sections 118,119 and 120 of Urban council ordinance• Sections 93,94 of Pradeshiya Sabha Act

– Properly sweeping of street including the food waste and collection and removal of all street

– Due removal at proper period of all house refuse and due cleaning and empting at proper period of all latrines and cesspits.

– Proper disposal of all street refuse, house refuse and night soil.

Case laws

• M.M Khalid and three others Vs. Chairman, Sri Jeyawardenepura Kotte urban council 1996 vol.3(3) SAELR 62

Garbage Dumming Case No SCFR 218/2009• Ahangama Vithanage Deshan Harindu and 4

others Vs. Ceylon Electricity Board and 7 others (sc application NO.323/97 FR)

Principle of Inter-Generation equity

• We have no right to give the world as garbage bin to next generation. e.g Radio Active material ( Juan Antonio Oposa V Fullgencio S.Factoran and another)

• Radio active wastages mostly produced by the nuclear plants, Military Researches and laboratories.

• IAEA code of conduct on radio active waste and 1997 joint convention on spent fuel and radio active waste.

Recommendations• 01.Zero Waste set as both a goal and action plan

(Production to dispose) Governmental Authority Changes in consumption HabitsChanges in industrial designStrict approach towards to excessive

garbage generators (Tax)Civil Society Empowerment E.g: Punia, India.

Recommendations

• 02. Share the General and Legal Knowledge towards all people. – Students– Officials– Law Enforcement Authorities– Rural Area Residents

ConclusionDisposal of Garbage: The instruments which could be connected with the issue of waste only give concern regarding the mechanisms of disposal. Generation of Garbage: But we should

considerhow to stop the generation of Garbage.

The principles of Self-Sufficiently and Proximity.

References

• Principles of International Environmental law– Philippe Sands