Natural Resources
Sand Mining in Rivers – what you need to know
River sand is an essential ingredient in the building industry in Sri Lanka. Its use has increased several folds over the past few years, especially since the 2004 Boxing Day Tsunami. The damage caused to housing, roads and other structures all over the coastal belt meant that there was an increase in the use of building materials and the pressure on river sand began to escalate in the months following the tsunami.
Furthermore building contractors in Sri Lanka show a marked preference for using river sand for making concrete mixture and for other civil structures; offshore sea sand is not considered as an alternative because of its high chloride content.
In Sri Lanka, laws and regulations on river sand mining are governed by the Mines and Minerals Act No. 33 of 1992 enacted by Parliament, which was further strengthened by Amendment No. 66 of 2009 which increased the fines and penalties for offences. The Geological Survey and Mines Bureau (GSMB) and relevant Division Secretariats are authorized to issue permits or licenses to persons involved in mining activities. In addition, GSMB also issues permits for vehicles to transport the sand. Generally a standard sand mining license would indicate the number of persons and boats that are allowed for the exercise. Further, the license would specify the number of days per week that the mining was allowed at a particular site. These decisions would be influenced by the environmental sensitivity of the area and the quantity of sand available at the site. However, mechanized mining is prohibited under the National Environmental Act 47 of 1980 (Gazette notification No. 1454/4 – 17 July, 2006).
EFL has first hand experience in the manner in which river sand mining is carried out with scant regard to licensing procedures and even less care to the environmental degradation it causes. It is under these circumstances that we have intervened in the Maha Oya Mechanised Sand Mining case currently active in the Supreme Court.
Mining for clay has also become a serious environmental problem in some parts of the country. The extraction of clay using machinery is carried out with scant regard for the devastation it causes not only to the landscape but also to the natural ecosystem in those areas.
The legal mechanisms in Sri Lanka are comprehensive and are adequate to deal with violations of this nature.
