PART III EXAMINATION 2018 1

ASSIGNMENTS

ASSIGNMENT 2
LEGAL PROCESS

Assignment No. 2 [ECR]

ENVIRONMENTAL CONSERVATION REGULATIONS

Submitted by: xxxxxxx

As part fulfilment of
Part III Examination, 2018
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Topic No & Topic: ASSIGNMENT 2(B) [ECR] – ENVIRONMENTAL CONSERVATION

REGULATIONS

Detailed Topic:
Read the following case and answer the questions given below.

Project Site:

The project site is located in Habaraduwa near Koggala Lake. The site is a privately owned
property and has an extent of 25 ha. The site consists of some land categories such as
highland, hillock, slopes and lowland. The western part of the land consists of a hillock while
other parts remain as lowlands. The site is bordered by the Koggala Lake on the northern
and eastern directions and by the village on the western and southern directions. The
lowlands are vulnerable for flood inundation from the river during intense rainy periods. The
project area covers with disturbed and undisturbed vegetation which consists of shrubs,
native and exotic flora, coconut, cashew nuts, mangroves and mangrove associated
vegetation. The low lying areas are mainly covered with mangroves and other wetland
vegetation. Currently the land is remains unused. There are no residents living in the project
site. There is a landing site of fishing boats at the site. Villagers are mainly engaged in fishing
activities.

The extent of the Koggala Lake is around 727 ha and the depth ranges from 0.5 m to 2.0 m. A
large number of aquatic species including several fish species are found in the lake. Villagers
engage in fishing activities in the lake.

Project Details:

The project includes construction of a villa resort hotel consisting of a 50 rooms, 50 villas
including 15 water villas, tennis courts, a swimming pool, jetties and eco recreation facilities
including boat rides in the lake. The hotel which is the main building of the resort will be
constructed on highland. The 50 villas will be of 3 different types to suit the interests and
requirement of visitors. These villas will be furnished with all required facilities.

Type 1 villas (20 numbers) – Individual units constructed on highland.

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Type 2 villas/ water villas (15 numbers) - These will be constructed on stilts in waters of the
lake close to the boundary of the land. All buildings will be connected by a bridge to provide
access from the land and the main building.

Type 3 villas (15 numbers) – Individual units constructed on lowlands close to the river bank.
These also will be constructed on stilts and will be provided with all facilities as water villas.

River bank protection structures will be constructed to replace eroding riverbank and
enhance recreational opportunities at the site. The developer intends to fill low lying areas
of approximately 5 ha which are in the middle of the site to provide non-structural
amenities.

The developer will extend the existing foot path of 500 m length to a 10 ft. wide access road
to link up with the project area. Additional lands will have to be acquired for development

of the access road. The grid connected electricity and public water supply are not available up to
the site but available in the proximity to the project site. Since public facilities for sewage and
solid waste disposal are lacking in the area, the developer would provide his own waste
treatment systems.

1. What are the biophysical and social conditions of the project area which are of concern in
selection and designing of the proposed project?

2. What are the major environmental impacts and opportunities associated with the
implementation of the project?

3. Describe mitigation measures you will propose for minimizing, eliminating or offsetting above
identified impacts.

4. Describe the environmental laws and regulations relevant to the project including the types of
permits required to be obtained by the project proponent.
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CONTENTS
CONTENTS..................................................................................................................................4

Overview....................................................................................................................................6

Details of the Scenario...........................................................................................................6

01 - Biophysical and social conditions of the project area, concern in selection and designing
....................................................................................................................................................7

General description of the context........................................................................................7

Concerns in selection and designing of the project...............................................................7

02 - Major environmental impacts and opportunities associated with project implementation

....................................................................................................................................................8

Impacts...................................................................................................................................8

Impacts in pre-construction and construction activities....................................................8

Impacts associated with the operation of the project.......................................................9

Opportunities associated with construction and the operation of the project.................9

03 - Mitigation measures to be incorporated in minimizing, eliminating or offsetting

identified impacts.....................................................................................................................10

Mitigation through design approaches............................................................................10

Mitigation measures in Construction...............................................................................10

Mitigation measures in obtaining needed water and power...........................................11

Solid waste management.................................................................................................11

Waste water and sewer management.............................................................................12

Mitigating measures on ecological resources..................................................................12

Mitigating measures on Sociological impacts..................................................................12

Monitoring programme....................................................................................................12

04 - Relevant Environmental laws and Regulations and types of permits to be obtained......13

Relevant Environmental laws and regulations & Permits required to be obtained.............13

References................................................................................................................................15
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Overview
Private development projects associated with building construction, primarily has a profit
oriented financial aspect, but the other related aspects such as social, cultural or
environmental aspects cannot be disregarded. In a sustainable development approach, a
project shall not revoke its social, cultural or environmental contexts but shall merge with
them to preserve the context and to strengthen the success of the project. Sustainable
development or Environmental management theories are not aiming at preventing
development but controlling it to serve both the developer a and the context with minimum
adverse effects. Understanding the context is the very first step towards a sustainable
development.

Existing Situation
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Details of the Scenario

1 Details of the site and the context
1.1 Location Habaraduwa Divisional secretariat, Galle Disrict, Southern
Province, (near Koggala lake)
1.2 Land extent 25 ha (approx. 60 Acre)
1.3 Site borders North & East – Koggala Lake
South & West - Village
1.4 Land ownership Privately owned
1.5 Physical context Diverse physical context Consist of Hillock, Highland, slopes
and lowlands, existence of a river within the site vicinity
1.6 Biological context – Disturbed and Undisturbed vegetation consist of shrubs,
Flora native and exotic flora – coconut, cashew nuts, mangroves,
other wetland vegetation
1.7 Biological context – Within the lake, aquatic species – several fish species
Fauna
1.8 Social context No residents in the site, Fishing boat landing site within site,
1.9 Associated Risks Flood, Landslide, Soil erosion
1.1 Infrastructure facilities Electricity and water supply at close proximity (not at site)
0
2 Details of the project
2.1 Project Villa resort hotel
2.2 Project component - 50 rooms, 50 villas (3 types - high land villas, lowland villas,
Main water villas)
2.3 Project component - Swimming pool, tennis courts, jetties (possibly – common
associated gathering halls, restaurant)
2.4 Ancillaries waste water treatment plant (possibly - Kitchen, Staff
accommodation, Stores and utility, solid waste
management etc..)
2.5 Recreational Facilities Eco recreational facilities including boat rides in the lake
2.6 Project associated Riverbank protection structures
developments Land filling (5 ha)
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Development of the accessway

01 - Biophysical and social conditions of the

project area, concern in selection and
designing
General description of the context
The project area is in Habaraduwa Divisional secretariat, Galle Disrict, Southern Province,
adjacent to the Koggala lake. “Koggala Lake is one of the biggest natural lakes in Sri Lanka. A
number of islands are scattered in the lake among which the Temple Island, Bird Island and
the Cinnamon island are the most famous. The lake is rich in birdlife and mangroves and is a
major attraction for tourists”. (source: tripadvisor.com) Southern and Western boundaries of the
land is bordered by a village. Land is at the close proximity to the sea and Koggala air-force
base.

Concerns in selection and designing of the project

Conditions of a project area can be mainly discussed under

 Physical conditions

 Biological conditions

 Socio conditions

Factors such as Climate, Temperature, Rainfall, Hydrology and Drainage Pattern and Geology
will be considered under Physical conditions. According to the description, the site consists
of different land categories such as highland, hillock, slopes and lowland. Western part of
the land is a high land whilst other parts slopping towards the lake. Lowland areas are prone
to flood during rainy seasons. The description mentions of an existence of a river which the
river bank is likely to to erode. This may be a natural water drain which connects to the lake
within the site. Drainage pattern of the site might be an overland flow towards the lake.
There might be other natural drain instead of the specified river.

Existing natural and manmade habitats including Flora and Fauna will be considered under
Biological conditions. According to the description this underused land has a thick green
cover mainly consist of shrubs. Coconut and Cashew nut plants might be the disturbed
vegetation within the site. Mangroves and other wetland vegetations can be identified as
the undisturbed vegetation. Both native and exotic flora exist within the site. Even though
the description highlights the aquatic species in the lake, it can be envisaged that species
including butterflies, amphibians, reptiles, bird and mammal may live within and at the close
proximity of the site.
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Population Characteristics, Socio economic status of the locals, Behaviour patters and use of
land and other resources will be considered under Social conditions. Even though no one
resides within the site, the site is already using by villages as a boat landing site. The villages
might be using the footpaths within the site to access the village and the lake. Fishing
activities at the lake can be identified as one of the livelihoods of the people.

02 - Major environmental impacts and

opportunities associated with project
implementation
Understanding and evaluating impacts associated with an implementation of a project is
crucial in taking measures to mitigate such impacts. Understanding the opportunities
available with the context is also important in integrating such opportunities in to the
project in order to preserve and develop such opportunities at the same time using them for
the benefit of the project. Both the implementation and the operation of a project may incur
impacts on its surrounding.

Proposed Development
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Impacts

Impacts in pre-construction and construction activities

Pre-construction stage of the project is associated with land reclamation, earth excavation
and vegetation clearing including removal of trees and the removal of top soil. These
activities have many impacts on physical and biological resources in the context such as.

 Natural ecosystems within the development area will be destroyed/ altered

 Land may prone to erosion, sliding due to vegetation removal

 Excavated earth can be mixed to the lake and disturb natural eco system

 Natural drainage system can be disturbed by land reclamation

 Tree extraction and residue disposal may cause impacts

 Possible noise and air polluting by the equipment and machinery used for land
preparation

Construction stage of the project is associated with the use of machinery and labour.
Infrastructure facilities will be required for construction work. Part of the land will be
covered with buildings and hard landscape elements. These activities may incur adverse
impacts such as,

 Noise, Vibration and Dust

 Disturbing natural eco systems and drainage system with the construction of
permanent/ temporary structures

 Impacts on the surface or ground water by fulfilling water requirement for

construction and labour.

 Impacts associated with accommodating labour such as solid waste, sewer and waste
water disposal

Social impacts are another consideration in the project implementation stage. Existing social
and socio-economic pattern may have disturbed by
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 Migration of people during construction

 Disturbing the fishing activities on the lake and including boat landing sites

 Disturbing existing pathways which connects people’s residents and the lake

 In acquiring lands for the required road development.

Impacts associated with the operation of the project

Construction of the project may end within few years, but the operation will last for a long
time. Operation of this project may incur many impacts on Environmental and social aspects
of the context such as:

 Disturbing natural stormwater drainage with introduced land development and

ground cover.

 Effects on natural surface or ground water sources in obtaining required water for
the operation of the resort.

 Impacts in disposing solid waste sewer and waste water, generated within the site.

 Social impacts with migration of working staff

 Behavioural pattern changes along with introduced lake front and lake activities.

Opportunities associated with construction and the

operation of the project
 Value addition to the land and the lake front

 soil erosion prevention with riverbank protection structures

 Employment opportunities in construction stage

 Employment opportunities in operational stage

 Tourist attraction to the village which may improve livelihoods of people

 Development of recreational activities associated with the river

 Out of the site livelihood development opportunities as suppliers for the project
operation. (eg: contract farming to supply vegetables)
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03 - Mitigation measures to be incorporated in

minimizing, eliminating or offsetting identified
impacts
Mitigation methods in minimizing, eliminating or offsetting adverse impact of a project
should be ascertained by a group of specialists, in related fields such as, environmentalists,
sociologists, waste management specialists, geo technical specialists’ economists and
designers such as design architect, engineers and landscape consultants, who have the
experience and knowledge, in the related matters. There are three types of mitigation
methods: Prevention, treatment and compensation. Prevention is the best practice and
treatment can be used to minimise the adverse effect. Compensation is the last applicable
method which is less effective. Mitigation methods for the identified impacts are as follows.

Mitigation through design approaches

 Understanding the context and study on the bio diversity, socio-economic, cultural
context of the project area before designing.

 Avoiding highly sensitive area even from the initial zoning stages

 Using constructive land reclamation desgigns. Excavate as little as possible. Match

earth cuts and fills as much as possible. Designing effective natural drains at the
same time, developing existing drains.

 Using design methods that has minimum impacts on the ground. (eg. elevated
designs)

 Using environmentally friendly materials and technology. (preferably local material)

 Incorporating suitable engineering methods to preserve and improve natural

derogated areas (river bank protection, earth retention, development of existing
streams and drains etc.)

 Incorporating landscape design to improve soft landscaping to be harmonized with

the existing vegetation. Use of perforated paving to increase ground water
absorption.

 Preserving natural vegetation on the site as much as possible. Replanting and

maintaining similar vegetation to minimize the adverse impacts.

Mitigation measures in Construction

 Improving the awareness of workers on the sensitivity of the context. Advising them
not to disturb both the natural and the social environments.
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 Following a proper safety and quality control plan particularly programmed for a
sensitive area.

 continuous monitoring by knowledgeable site supervisors.

 reducing the use of equipment and machinery at least closer to most sensitive
environments

 avoiding mixing of soil with the lake water by covering excavated earth. Avoid rainy
seasons in construction.

Mitigation measures in obtaining needed water and power

 Calculating the daily requirement of water

 Checking the usability of the groundwater or surface water. (water quality

assessment preferably by NWSDB) Checking options such as dug wells and deep
wells.

 Yield tests on existing or formed water sources. checking the effects of extraction on
natural water table.

 Use of a water treatment plan if required.

 Requesting from the water board to extend the connection up to the development
site

 Considering on alternative energy sources such as bio gas, solar power, photovoltaic
cells etc. using solar lamps and garden lighting.

 Requesting from the electricity board to extend the connection up to the

development site

Solid waste management

 Calculating the types and quantities of solid waste generation within the site.

 Separation of waste in to bio degradable waste, plastic – polyethene, waste paper,

glass and non-reusable/ non-recyclable waste.

 Composting bio degradable waste and use for gardening and landscaping. Selling
recyclable waste to lichened collectors.

 Submitting non-reusable/ non-recyclable waste to the local authority

Waste water and sewer management

 Estimating the types and quantities of waste water generation (domestic/ laundry
etc.)
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 Designing and implementing a waste water treatment plant accordingly (which can
match the COD, BOD levels prescribed by the authorities)

 Calculating the absorption capacity of the land and using the treated water for on
site irrigation purposes.

Mitigating measures on ecological resources

 Minimising the destructions and alterations of habitats

 Protecting the endemic flora and fauna. Consulting an ecologist and a landscape
designer (with reasonable experience working in sensitive areas) in the same.

 Avoid discharging any kind of chemical in to the lake or the natural ground which
may adversely affect the eco systems in the context.

 Avoid introducing invasive exotic plants which may damage the natural eco system.

 Using natural fertilizers and pesticides for gardening.

Mitigating measures on Sociological impacts

 Proposing a alternative location for villages to use as a fishing boat landing site.
Alternative road to be provided for the use of villages. (either by integrating the
activities in to the project, or by separation)

 Integrating the villager’s fishing activity in to tourist recreational activities.

 Using villages as labours in construction period and providing employment in

business operation stage.

 Considering about local culture when programming tourism related recreational

activities whish might expand beyond the site.

 Reasonably compensating the people for acquiring lands for road development

Monitoring programme
Arranging a suitable monitoring program to screen the implementation of taken mitigatory
methods. Frequently monitoring for water quality check, treated wastewater quality check,
solid waste management system, Maintenance of reservations, maintenance of landscape.
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04 - Relevant Environmental laws and

Regulations and types of permits to be
obtained
Relevant Environmental laws and regulations & Permits
required to be obtained
 National Environmental Act - National Environmental Act No 47 of 1980, and
subsequent amendments.

This project will be subjected to National Environmental Act “prescribed list where the
approval of CEA is required, and the Environmental impact will be assessed through either
IEE or EIA, based on many reasons. this project provides recreational facilities exceeding 99
rooms, development of the land requires a filling of land more than 4 ha. CEA approval will
be required for this project.

 Environmental Protection License Regulations - Gazette Extra Ordinary No. 1159/22

dated 22.11.2000.

A common waste water and sewer treatment plant is incorporated in this design, hence this
project will be subjected to regulations of EPL and the Licence will have to be obtained
periodically.

 Fauna and Flora protection Act - The Fauna and Flora protection Ordinance, No 2 of
1937, and subsequent amendments, most recently in 2009.

This project site has endemic flora species hence might be subjected to the Fauna and Flora
Protection Act. this Ordinance provides provisions for protection of certain species of fauna
outside reserves. This ordinance is administered by the Department of Wildlife
Conservation.

 Soil conservation act

The project land is consisting of erodible areas and if this land is declared under the Soil
Conservation Act (Chapter 450) shall be subjected to this act and approvals needs to be
taken from National Building Research Organization.

 Flood Protection Ordinance

Since the project is under an area prone to flood, this might be subjected to “Flood
Protection Ordinance”

 Sri Lanka Land Reclamation and Development Corporation Act, No.15 of 1968 as
amended by Act, No. 52 of 1982
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Any flood protection area declared by SLR&DC under the Act 15 of 1968 as amended by Act
No 52 of 1982 should obtain approvals from Sri Lanka Land Reclamation and Development
Corporation. This project might be subjected to this act.

 Crown Lands Ordinance

Since the project is located in a area with flood risk and near a public lake, the project might be
subjected to “Crown Land Ordinance”

 Irrigation Act (Department of irrigation)

All water front development to be located within rivers, streams and other water bodies
under the purview of irrigation are subject to approval of the Department of Irrigation. Since
this project incorporates the construction of water villas and other river front and lake front
developments, this will be subjected to Laws under irrigation department and the approvals
have to be taken, prior to the construction.

 Disaster management clearance from Disaster management centre

Since the land is prone to erosion which may leads to landslides, and to floods, disaster
management clearances will have to be obtained.

 Coconut Cultivation Board

Land development for the project might need to fell coconut trees, hence the approvals shall
be taken from Coconut Cultivation Board beforehand.

 Sustainable energy authority of Sri Lanka

Since the electricity is not available at the site, the developer will have to look in to
alternative power sources.

 Height clearance and Security Clearances (only if applicable)

The site is located closer to an air force camp. Hence the approvals and clearances might
have to be taken.
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References
• “ENVIRONMENTAL REGULATIONS” Lecture notes

• The National Environmental Act, No. 47 OF 1980

• National Environmental (Amendment) Act, No. 56 of 1988

• National Environmental (Amendment) Act, No. 53 of 2000