IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Application for Orders in the nature of Writ of Mandamus under and in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka..

1. Center for Environmental Justice (Guarantee Limited)

Court of Appeal Case No.

No. 20/A, Kuruppu Road, Colombo 08.

CA/WRT/128/20

2. Withanage Don Hemantha Ranjith Sisira Kumara Executive Director, Center for Environmental Justice, 20 A, Kuruppu Road, Colombo 08.

PETITIONERS

1. Director General, Coastal Conservation and Coastal Resource Management Department 4th Floor, Ministry of Fisheries Building, New Secretariat, Maligawatta, Maradana, Colombo 10.

2. Central Environmental Authority, No.104, Denzil Kobbekaduwa Mawatha, Battaramulla.

3. Minister of Environment, Ministry of Environment, "Sobadam Piyasa", 416/C/1, Robert Gunawardana Mawatha, Battaramulla

4. Marine Environment Protection Authority 177 Nawala Road, Colombo 05.

5. Hon. Attorney General, Attorney General’s Department, Colombo 12 RESPONDENTS Before: M. T. MOHAMMED LAFFAR, J.

Counsel: Dr. Ravindranath Dabare with Savanthi Ponnamperuma, instructed by Thushani Jayasekera for the Petitioners Vikum de Abrew, ASG with N. de Zoysa State Counsel for the Respondents Argued on: 30.11.2023 Decided on: 27.09.2023 MOHAMMED LAFFAR, J.

The Petitioners in this Application in the form of ‘Public Interest Litigation’, are seeking, orders in the nature of Writs of Mandamus seeking several directions;

1) To the 3^rd Respondents to make regulations against single-use plastic and coastal pollution prevention, 2) To the 1st Respondent to implement the Sri Lanka Coastal Zone and Resource Management Plan – 2018 (marked ‘P13’), 3) To the 1^st Respondent to enforce the Coast Conservation and Coastal Resource Management Act No. 57 of 1981 as amended, especially specified sections thereto, 4) To the 3^rd Respondent to enforce Coast Conservation and Coastal Act as amended and National Environmental Act as amended, 5) To the 2nd and 3rd Respondents to enforce the National Environmental Act, including coastal zone protection, 6) To the 4th Respondent to give effect to Marine Pollution Prevention Act No.

35 of 2008, 7) To the 2^nd and 3^rd Respondents to Investigate the ‘Mt. Lavinia Beach nourishment project’ for compliance with environmental laws, 8) To the Respondents investigate and punish those responsible for ocean waste discharge and to the 3^rd Respondent to amend regulations to include coastal zones in mandatory environmental assessments.

The primary issue in this application revolves around waste materials being washed up onto beaches and the coastal & marine pollution caused thereto in connection with a ’Beach Nourishment Project’. It is submitted that the said project is mainly implemented for the purpose of enhancing coastal stabilization through the concept of beach nourishment which provides a buffer against coastal erosion and to supply the required quantity of sediment to littoral drift. For this purpose, a material quantity of sand had been dredged from off-shore designated areas and the dredged sand is to be directly pumped to the required locations of the beach. Locations to be nourished have been identified as Mount Lavinia to Angulana and Kalutara. The Petitioners allege that the sand nourishment project had caused adverse environmental impacts, that the said project had not followed the mandatory provisions related to environmental laws.

The Petitioners contend that the Respondents’ inaction, omission, or failure to perform their duties is illegal, actions are against the objectives of relevant laws and international conventions and are inconsistent with the Constitution’s Directive Principles, Fundamental Duties, and citizens’ fundamental rights. The Petitioners also assert that the government, through the Respondents, has neglected its duty as the guardian of natural resources and biodiversity. It is also submitted by the Petitioners’ that the