National Policy On Environmentally Sensitive Areas in Sri Lanka
National Policy On Environmentally Sensitive Areas in Sri Lanka
National Policy On Environmentally Sensitive Areas in Sri Lanka
Ministry of Environment
’Sobadam Piyasa’, 416/C/1,
Robert Gunawardana Mawatha, Battaramulla,
Sri Lanka
2022
National Policy on Environmentally Sensitive Areas in Sri Lanka
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Table of Content.
1. Introduction. ................................................................................................................... 2
1.1. Background..................................................................................................................... 2
1.2. The rationale for a National Policy............................................................................... 3
1.3. Scope and the Applicability of the Policy..................................................................... 3
2. Vision, Mission, and Policy Goals................................................................................. 4
2.1. The vision of the Policy. ................................................................................................. 4
2.2. The mission of the Policy. .............................................................................................. 4
2.3. The goal of the Policy..................................................................................................... 4
2.4. Objectives of the Policy.................................................................................................. 4
3. Thematic Areas, Policy Statements, and Policy Thrust Areas................................... 4
3.1. Thematic Area: Compliance and Adherence to the Policy. ....................................... 5
3.2. Thematic Area: Identification of Environmentally Sensitive Areas. ........................ 6
3.3. Thematic Area: Declaration of Environmentally Sensitive Areas............................. 6
3.4. Thematic Area: Management of Environmentally Sensitive Areas. ......................... 7
3.5. Thematic Area: Equality in Environmentally Sensitive Areas.................................. 9
3.6. Thematic Area: Sustainable Financing for Management of Environmentally
Sensitive Areas. ............................................................................................................. 10
3.7. Thematic Area: Monitoring and Reviewing of Environmentally Sensitive Areas.. 10
3.8. Thematic Area: Policy on Knowledge Management of Environmentally Sensitive
Areas.............................................................................................................................. 11
Terminologies. ..........................................................................................................................
The National Policy on Environmentally Sensitive Areas in Sri Lanka is approved by the Cabinet
of Ministers on XXXX (The Cabinet Decision No. XX).
1. Introduction.
1.1. Background.
Sri Lanka is an island nation, exhibiting remarkable biological diversity and is considered to be
the richest country in the Asian region in terms of species concentration. Ecological,
climatic, soil and topographical variability across the country provides favorable conditions for a
wide array of species of flora and fauna in most localities. Due to extraordinary biodiversity
and species concentration, the country has been identified as one of the biodiversity hotspots in the
Asian region. The distinctive biodiversity of Sri Lanka consists of species richness, gene pool,
and numerous diverse habitat assortment of forests, wetlands, coastal, marine, freshwater,
and agricultural ecosystems. Environmental services render uniqueness of Sri Lankan
biodiversity and ecosystems.
The National Red List (2012) reveals that there are 253 land snail species, 245 butterfly species,
240 birds, 211 reptiles, 748 vertebrates, 1,492 invertebrates. 43% of vertebrate species reported are
endemic; in more detail, 87% of amphibians, 59% of Reptiles, 19% of mammals, and 7% of birds
are endemic to the country. 336 Pteridophyte and 3,154 flowering plants are scattered around the
country and 916 plant species are endemic. Sri Lankan biodiversity brings economic,
ecological, and aesthetic values to the local community and beyond. However, due to both natural
and anthropogenic reasons, the biodiversity in Sri Lanka is threatened, especially, it is significant
amongst the endemic species.
In terms of natural resources, Sri Lanka constitutes well with lands, forests, waters, minerals, and
biodiversity. Minerals and rocks in Sri Lanka contribute to micro and macroeconomic geology and
have spread around the country. Annual Report 2019 of the Central Bank of Sri Lanka states that
while the contribution of the agriculture sector to the GDP was 7 % and mining and quarrying was
2.3%. The percentage of total employment in the agriculture sector was 25.3 and the mining and
quarrying sector was 0.7 in the same year. Nature - the natural capital of Sri Lanka is the
fundamental source and magnet in the economic growth of the country.
The World Risk Index named Sri Lanka as a country of ‘high chances of disasters’ with the rank
of 109 in 2017, and the Climate Risk Index of Sri Lanka was 31 in 2019. The National Building
Research Organization estimates that 20 -30% of the total land area in the country where 30 – 38%
of the country population lives has been identified as vulnerable to landslides.
Management of the environment, its natural resources, and biodiversity are vital in achieving
sustainable development goals. Population pressure, increasing demand for natural resources,
less environmentally sensitive development planning, practices and infrastructure,
environmental pollution, and illegal trades are among the major contributors to the depletion of
natural resources and decline of biodiversity.
In this scenario, Environmentally Sensitive Areas require special protection as they are
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environmentally, ecologically, economically, and socially significant in ensuring resilient
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communities and economies and also in achieving sustainable development goals.
Accordingly, such Environmentally Sensitive Areas, which are identified as exceptionally specific
areas for achieving specific outcomes to conserve biodiversity are hereafter defined by this Policy
as ‘an area outside the Protected Areas, that is vital for the long-term maintenance of biodiversity
and its services/or the productivity of water, soil and other natural resources to provide ecological,
environmental, economic and cultural benefits to the local community involved, as well as to the
nation and global community as a whole, are essential to conserve and manage for ensuring the
well-being of human and environment, resilience communities and sustainable development, by
introducing mechanisms to identify sensitive land parcels, management models and
novel economic models that enables continued use of services already enjoyed by the nation and
ensures water, energy and food security of the nation.
Therefore, this area-based distinct conservation and management approach is proposed for filling
the gaps in the conservation of Environmentally Sensitive Areas that are encountered outside the
Protected Areas. However, this policy does not interfere with the process of declaration of protected
areas by any statutory body.
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Goals.
2.1. The vision of the
Policy.
A healthy, safer, and conserved environment and economy across Environmentally
Sensitive
Areas for socioeconomic wellbeing and livable habitat for
all.
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Policy Statement (1):
By recognizing the environmental, ecological, and socioeconomic values of Environmentally
Sensitive Areas, all persons and institutions living in or managing of land or resources or any
activities on or connected with an Environmentally Sensitive Area, shall comply with the Policy
Statements of this Policy and the Guideline on the Identification and Management
of Environmentally Sensitive Areas that is set out in aligned with the Policy (hereafter the
Guideline), in land use planning and practices, irrespective of the land ownership.
Thrust Area 1.1: The Secretary to the Ministry of Environment shall issue Guidelines on
Identification and Management of Environmentally Sensitive Areas and
shall amend as it is required, with the approval of the National Steering
Committee of the Environmentally Sensitive Areas.
Thrust Area 1.2: The public institutions that own or manage land parcels of Environmentally
Sensitive Areas shall develop institutional guidelines as appropriate in line
with the Guidelines on Identification and Management of Environmentally
Sensitive Areas, and declare and ensure implementation of such guidelines.
Thrust Area 1.3: The following categories of public institutions which are directly involved
in ecosystems in Environmental Sensitive Areas, shall developed the
sectoral guidelines in consultation with relevant Ministries and direct
stakehlder institutions to regulate use of ecosystems in Environmental
Sensitive Areas.
(a) The Public Institutions that are mandatory for conservation and
management of biodiversity and environmental services (Department of
Forest Conservation, Department of Wildlife Conservation, Department
of Irrigation, Department of Agriculture, Department of Agrarian
Development, Department of Animal Production and Health,
National Aquaculture Development Authority, Central Environment
Authority, Marine Environment Protection Authority, National
Aquatic Resources Research and Development Agency, Department
of Coast Conservation and Coastal Resource Management, Department
of National Zoological gardens, Department of National Botanical
gardens, Sri Lanka Land Development Corporation, Disaster
Management Center, National Building Research Organization, etc.),
(b) Environmental Services receiving or services managing institutions
(National Water Supply and Drainage Board, Ceylon Electricity Board,
Sri Lanka Tourism Development Authority, etc.),
(c) Financial services regulatory institutions (Central Bank of Sri Lanka,
Finance Commission, etc.).
Thrust Area 1.4: Urban Development Authority shall declare relevant urban planning and
development regulations in compliance with the Guidelines on
Identification and Management of Environmentally Sensitive Areas for the
effect of Environmentally Sensitive Areas that are fallen within areas
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declared under the Urban Development Authority Act.
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3.2. Thematic Area: Identification of Environmentally Sensitive Areas.
Policy Statement (2):
Environmentally Sensitive Areas shall be identified based on a scientific evaluation carried out as
per the Guidelines on Identification and Management of Environmentally Sensitive Areas.
Thrust Area 2.1: The areas of criterion for identification of Environmentally Sensitive Areas
shall be (a) significance of biodiversity and vegetation types, (b) ecosystem
services, (giving special attention to the water sources, watershed areas and
flood plains which are providing such ecosystem services) and (c) based on
the significance of land for the resilience for climate change and disaster risk
reduction.
Thrust Area 2.2: Identification shall be based on the valuation of each land parcel, which is
carried out assessing the percentage of contribution of each of the above-
mentioned three areas separately to the total value of the land parcel, which
enables it to be identified as an Environmentally Sensitive Area.
Thrust Area 2.3: Selection of the land parcels shall be based on the latest information
available in the country and validated by the relevant government
institutions in consultation with academia and other interested parties.
Thrust Area 2.4: Communities, Civil Society Organizations, and public institutions shall be
encouraged and facilitated to carry out researches and identify and nominate
Environmentally Sensitive Areas based on their local, indigenous, or
scientific knowledge.
Thrust Area 2.5: Ministry of Environment shall continue identification of new
Environmentally Sensitive Areas systematically and periodically in
consultation with the National Steering Committee.
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government areas, the Local Government Authorities shall pass by-laws, as
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appropriate, in compliance with the regulations passed under the Policy
Statement 4 and guidelines established under the Trust Areas 1.1, 1.2, 1.3,
and 1.4 to regulate mandatory services.
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Ministry of Environment, and Environment Planning and Economics
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Division,
f. Three members of biodiversity expert group of the Biodiversity
Secretariat, two independent environmental scientists or activists, two
academics or professionals in the field of development planning, climate
change adaptation and mitigation, natural resources management, etc.,
g. Two members from environment conservation community-based
organizations and two from the private sector engaging in
environmental conservation or research and innovations related to
Environmentally Sensitive Areas.
h. Sensitivity on age, gender, and diversity including diversity in
languages, shall be ensured in selecting members for the National
Steering Committee under the above subsection (f) and (g).
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the land parcel will compulsorily be taken as environmental conservation
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indicators of the particular Management Plan.
Thrust Area 6.10: Due concerns shall be given for balancing the interest of socio-economic
development, environmental conservation, and resilient economies and
communities in the management of Environmentally Sensitive Areas.
Thrust Area 6.11: Valuing the principle of a ‘common goal’, ‘agreed agenda’ and ‘shared
responsibility in the conservation of Environmentally Sensitive Areas, co-
management approach shall be adopted as appropriate, in managing
Environmentally Sensitive Areas.
Thrust Area 6.12: Technical and financial contribution of the private sector, academia, and
community-based organizations that engage in environmental conservation
shall be recognized and encouraged in participation in contributing to in
managing Environmentally Sensitive Areas.
Thrust Area 6.13: Adhering to the Environmental Policy Integration approach, conservation
of Environmentally Sensitive Areas shall be integrated into area and
sectoral development plans at all levels.
Thrust Area 6.14: Public shall have access to information relating to the Environmentally
Sensitive Areas, and its management as per the laws relating to the Rights
to Information in Sri Lanka.
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Are
as.
Policy Statement
(10):
Special provisions shall be made available, by all relevant public and private institutions,
to encourage local communities and industries, to transform to and engage in
Environmentally Sensitive Area friendly production, service providing, and development
activities.
Thrust Area 10.1: Public and private sector at national, subnational, and local levels,
shall ensure required financial flows for effective
implementation of Environmentally Sensitive Area Management Plans.
Thrust Area 10.2: Environmentally Sensitive Areas Conservation Trust Fund shall
be established at the divisional levels for conservation of
environment significance in the Environmentally Sensitive Areas.
Thrust Area 10.3: Green financing initiatives and practices shall be promoted by the relevant
authorities, including the Central Bank of Sri Lanka and
Finance Commission, for the benefit of Environmentally Sensitive
Areas.
Thrust Area 10.4: Innovative and incentive schemes shall be introduced and promoted for
the communities and industries engaging in environment-friendly
research, innovations, productions, services, and development activities
connected to Environmentally Sensitive Areas.
Thrust Area 10.5: The authorities of declaration of Environmentally Sensitive Areas
shall purchase or lease the development rights or subdividing rights
of the landowner of private land in the Environmentally Sensitive
Areas as a conservation easement, as appropriate and with the
consent of the landowners, with financial facilities from any public or
private sources, to protect and conserve endangered species,
significant habitats and places vital for disaster resilience.
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Sensitive
Areas shall be held periodically at all required levels.
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Thrust Area 11.4: The Environmentally Sensitive Areas Management Committees shall
periodically make available the conservation status of biodiversity elements
and environmental services of respective Environmentally Sensitive Areas
to the public knowledge and also report to the National Steering Committee.
Thrust Area 11.5: Considering the national demand for conservation of biodiversity in certain
Environmentally Sensitive Areas, the Environmentally Sensitive Areas
shall be graded as Protected Areas under a relevant legal framework.
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ies.
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(This terminology has been developed based on the concepts and terminologies of International
Institute for Environment and Development, IUCN, CBD Glossary, and Global Environmental
Fund)
Biological Diversity: The variability among living organisms from all sources, including
terrestrial, marine, and other aquatic ecosystems and the ecological complexes of which they
form part; this includes diversity within species, between species, and of ecosystems.
Biological Diversity Values: The intrinsic, ecological, genetic, social, economic,
scientific, educational, cultural, recreational, and aesthetic values of biological diversity and its
components.
Climate Change: Climate change refers to any change in climate over time, whether
due to natural variability or as a result of human activity. This usage differs from that
in the United Nations Framework Convention on Climate Change (UNFCCC), which defines
‘climate change‘ as: ―a change of climate which is attributed directly or indirectly to human
activity that alters the composition of the global atmosphere and which is in addition to
natural climate variability observed over comparable periods.
Community: Is a social unit with a commonality such as norms, values, or identity, and shares
a sense of place (geographical area) or space (virtual space) and shares common roles in
social institutions including humanity at large.
Conservation: The protection, care, management, and maintenance of ecosystems,
habitats, wildlife species, and populations, within or outside of their natural environments, to
safeguard the natural conditions for their long-term permanence.
Ecosystem Services: the direct and indirect contributions of ecosystems to human wellbeing.
They can be categorized into four main types: provisioning services (e.g. food, water, fuel,
medicines); regulating services (e.g. local climate, soil erosion, wastewater treatment,
pollination, flood control); habitat services (e.g. for species and genetic diversity); and
cultural services (e.g. recreation, tourism).
Environmental Justice: Fair treatment and meaningful involvement of all people regardless
of race, color, national origin, or income, concerning the development, implementation,
and enforcement of environmental laws, regulations, and policies. This goal will be achieved
when everyone enjoys the same degree of protection from environmental and health hazards,
and equal access to the decision-making process to have a healthy environment in which to
live, learn, and work.
Environmental Policy Integration (EPI): A process of integrating environmental
objectives (both mitigation and adaptation) into non-environmental and economically focused
policy areas, such as agriculture, transport, energy, and development, as a key element
of sustainable development.
Green Financing: Increasing level of financial flows (from banking, micro-credit, insurance,
and investment) from the public, private and not-for-profit sectors to sustainable
development priorities.
Habitat: the place or type of site where an organism or population occurs
naturally.
Hotspot: An area on earth with an unusual concentration of species, many of which are endemic
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to the area, and which are under serious threat by people.
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Integrity: is a measure of the wholeness and intactness of the natural and/or cultural heritage and
its elements. Examining the conditions of integrity, therefore, requires assessing the extent
to which the property: a) includes all elements necessary to express its outstanding universal value;
b) is of adequate size to ensure the complete representation of the features and processes which
convey the property’s significance; c) suffers from adverse effects of development and/or neglect
(IUCN, 2011)
Nature-based Solutions (NbS): are defined by IUCN as “actions to protect, sustainably manage,
and restore natural or modified ecosystems that address societal challenges effectively and
adaptively, simultaneously providing human well-being and biodiversity benefits”.
Natural Capital is a way of explaining the value of nature and biodiversity to economically
minded decision-makers. A deliberate parallel is drawn to financial systems where stocks
of financial capital generate financial flows. Similarly, natural capital is the world’s stock of natural
assets such as water, land, soil, and wildlife, from which flow a multitude of valuable goods and
services. Just as a more diverse portfolio of financial stocks is more resilient to external shocks, so
is a more diverse portfolio of natural capital.
Natural Resources: Materials or substances occurring in nature that can be exploited for
economic gain. They may be renewable, and derived from living resources, such as timber, bush
meat, and firewood; or finite, and derived from inanimate sources, such as oil and gas and minerals.
Biodiversity secures the long-term production of these resources.
Protected Areas: An area is a clearly defined geographical space, recognized, dedicated,
and managed, through legal or other effective means, to achieve the long-term conservation of
nature with associated ecosystem services and cultural values. (IUCN Definition 2008)
Purchase of Development Rights or Transform of Development Rights: Protection and
conservation of privately own sensitive or productive or aesthetic landscapes through purchasing
the right to development or subdividing rights of the landowner of private land, while the
landowner retains all other rights and responsibilities associated with the land parcel. The land
parcel shall purchase by the government or a government-approved private party when the land is
highly encumbered with a conservation easement, by compensating the landowner for
development restrictions and taking protective measures imposed on the landowner.
Sustainable Financing: Process of taking due account of environmental, social, and governance
(ESG) considerations when making investment decisions in the financial sector, leading to
increased longer-term investments into sustainable economic activities and projects.
Sustainable Use: Sustainable use means the use of components of biological diversity in a way
and at a rate that does not lead to the long-term decline of biological diversity, thereby maintaining
its potential to meet the needs and aspirations of present and future generations (Article 2
of Convention on Biological Diversity).
Wise Use: Maintenance of their ecological character, achieved through the implementation
of ecological approaches, within the context of sustainable development (COP3, Ramsar
Convention). Wise use proponents describe human use of the environment as "stewardship of the
land, the water and the air" for the benefit of human beings (www.definitions.net/definition).