Extraction of sand from rivers

Environmental policies and laws

PABASARA GUNAWARDANE

OUTLINE Introduction Early regulations Mines and mineral Act no. 33 of 1992 Issuing of an extracting license Drawbacks of the Act Amendments Dangers of river sand mining Recommendations

Sand Naturally occurring Granular material Composed of finely divided rock & mineral particles SiO2 Takes million years to produce Used in constructions

Mining is the extraction or excavating on, in or below the earth surface for the purpose of evaluating and obtaining of mineral which is a naturally occurring substance that can be mined whether in solid, liquid or gaseous form in, on or below the surface of the soil.

Main rivers where extraction is done Mahaweli river Kelani river Kalu ganga Walawe ganga Malwathu oya Nilwala

Dangers of river sand mining Coastal erosion Salt-water intrusion Lack of bed load of sand to replenish the

equilibrium of the coast Damage to infrastructure Facilities Lowering of water table Social Issues related with sand mining

Early regulations

Mineral lease No: 2357 (Act 1874) Mining purpose lease No: 597 (Act 1906) Private lands lease No: 3711 (Act 1906) Mines and minerals law, No. 4 of 1973 Focused upon economic values

History

Absolute ownership of all minerals is vested in the crown/republic

Establishment of Mineral survey of Ceylon in 1903 In 1939 Department of mineralogy Geological survey department in 1962

Dr. Ananda Coomaraswamy

Licensing concessions for sand mining till the latter part of the last century was within the ambit of the District Administration

Exploitation without concern for the river environment as whole due to increasing demand

Low of technical knowledge at the time

Outdated penalties and fines

Mines and mineral Act No. 33 of 1992

Ownership is vested in the republic Establishment of Geological Survey and Mines

Bureau (GSMB) Regulation of mining, processing and trading Licensing is more centralized Several amendments were made after public

interest litigations

A standard sand mining license would indicate ,

The number of persons and boats that are allowed for the exercise

The number of days per week that the mining was allowed at a particular site

Mechanized mining is prohibited under the National Environmental Act 47 of 1980 and by the supreme court in 2004

Artisanal methods are only permitted The extractions should be done in the river 7m away from the

river bank The storing area must be kept on the ground more than 10m

away from the bank. Any damage to the river bank is prohibited Another permit is needed to transport sand If any illegal activity is reported, license will be cancelled

GSMB has the monopoly but the staff is insufficient Licensing of sites and transport is often subject to political and

other pressures The penalties and fines are not updated Cabinet decisions that conflict with the act A warrant is required to arrest the offenders The inefficiency or the self resistance of the Police when

implementing law Multiplicity of laws and weakness in regulation results in poor

and selective enforcement.

Drawbacks of the Act

Enforcement requires assistance of many institutions including mainly police.

Extractions by armed forces Institutions have own priorities. Regulation and enforcement staff subject to

political and other pressures Lack of awareness of the importance of conserving

natural resources among the community

The Parliament

increasing the fines and penalties for offences by acts Amendment No. 66 of 2009

Introduction of National Policy on Sand as a Resource for the Construction Industry

Penalties

Fine of Rs.50,000 to Rs.500,000 or to imprisonment for a term not exceeding six months

In a case of second or subsequent offence, fine of Rs.200,000 to Rs.2,000,000

The Supreme Court Transport licenses are to be connected with the

mining license. All roots and destinations should be specified on the

transport license Banning of sand extraction from Deduru oya and Ma

oya Declaration of no mining zones Extraction of sand in order to prevent flooding in

Manampitiya

Recommendations Implementation of off shore mining Increase of fining and period of imprisoned for the

offences Continuous update of the act with time Overcome Political inertia (Allow STF) Introducing alternatives (Sea sand, M- Sand, Powdered

glass ) Surmount market resistance to alternatives Protect upstream sections which are critical flow

regimes Encouraging CBO Community awareness

Personal Contacts1. Mrs. Hema Liyanaarachchi

The registrar,Geological Survey and mines bureau

2. Mr. M.S.K. FernandoLegal officer,Geological Survey and mines bureau

References Badra Kamaladasa, Issues and challenges in river management due to excessive

sand mining, Irrigation Department of Sri Lanka Colombo, 2011

Ranjith Rathnayake, Corruption & Unregulated/Illicit River Sand Mining (RSM) in Sri Lanka, 2012

Environmental foundation limited (2014) : Sand mining in Maha oya. Available at: http://efl.lk/legal-matters/sand-mining-in-riverine-systems-case-no-scfr-812(Accessed 28 April 2014)

Mining madness, The Sunday Times Sunday, July 29, 2012

Review of mines and minerals act of Sri lanka

Sadeepa Senarath Yapa, Applied Science Blog, Faculty of Applied Science, University of Sri Jayewardenepura, Sri Lanka, August 5, 2011 (Accessed 28 April 2014)

“Earth provides enough to satisfy every man's needs, but not every man's greed.” 

― Mahatma Gandhi

Thank You!!!