EIA Tool for Evaluating Pre & Post Impacts of Development Projects

Issues in EIA Process to address the Impacts of Development Projects

With Reference to the; Second International Airport Construction in Mattala, Sri Lanka

www.mria.lk

Presented by: M.T.O.V. Peiris (MSc. Env. Mgt.) National University of Singapore Module: Environmental Law (LX 5103)

Monday, 10th November 2014 11/10/2014 1

Flow of Presentation

Environmental Impact Assessment (EIA) and its legal background of Sri Lanka

Facts of EIA on Mattala International Airport Project (HIA)

The Environmental issues faced after the implementation of project.

Issues in EIA Reporting for HIA Project.

Legal & Institutional Challenges of EIA Implementation in Sri Lanka.

Recommendations for the decision makers in future projects.

New International Airport (HIA)

Existing International Airport (CMB)

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Environmental Assessment in Sri Lanka

Environmental Impact Assessment (EIA) is used mandatorily for many development projects.

EIA is vital for Sri Lanka due to rich biodiversity and natural resources. 06 Ramsar Wetland Sites 08 UNESCO World Heritage Sites

Central Environmental Authority (CEA) is the key

regulatory authority for EIA in Sri Lanka.

Recently many development projects initiated with post war development.

EIA has been used as a compliance tool to justify economic benefits of projects. 11/10/2014 3

History of EIA in Sri Lanka

Sri Lanka is the 1st country in South Asia to enact environmental regulation (1980).

1980

1981

1988

1993

2008

• First EIA has been conducted for Hydro power plant. • National Environmental Act (No. 47 of 1980) has been enacted

without powers of EIA.

• EIA legislated to coastal development projects under Coast Conservation Act (No. 57 of 1981).

• EIA became mandatory for whole country under National Environmental Act (Amendment No. 57 of 1988).

• List of prescribed projects introduced under NEA and CEA as the main PAA (Gazette no 772/22 of 24th June 1993).

• Amended project list & PAA in 1995, 1999, 2000, 2004, 2008. • Flora & Fauna Act initiate EIA regulations (Act No. 49 of 1993).

• 138 Prescribed Projects for mandatory EIA requirement and 23 Ministries & Departments are assigned as PAAs.

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Administrative Arrangement of EIA Process Ministries assigned as PAA for evaluating EIA:

• The Department of Coast Conservation. • The Department of Wildlife Conservation. • The Department of Forest • The Central Environmental Authority. • The Urban Development Authority • The Geological Survey and Mines Bureau • The Ceylon Tourist Board • The Mahaweli Authority of Sri Lanka • The Board of Investment of Sri Lanka

• National Planning • Irrigation • Energy • Agriculture • Lands • Forests • Industries

• Housing • Construction • Transport • Highways • Fisheries • Aquatic Resources • Plantation Industries

Source: Samarakoon, M. & Rowan, J.S. (2008)

EIA

EIA

EIA

EIA

EIA is required for three types of projects… • Prescribed projects under different ministries

• Highly polluting industries

• Special projects in Environmentally Sensitive

Areas 11/10/2014 5

CEA plays a critical role in the administrative process.

Case Study: Second International Airport (HIA)

www.SundayObserver.lk

EIA Completed on: February 2009

Project Commenced on: November 2009

Phase I Completed on: January 2013 11/10/2014 6

Second International Airport (HIA) was a result of Government Policy Action Plan

Project Objectives:

1. Economic resurgence of Southern Province (Port, industries)

2. Economic Development for the lagging regions

3. Promote Tourism Industry as a central hub

4. Ease out the pressure of existing airport of Colombo

Case Study: Introduction

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Basic Information

Project Commenced Date November 2009

Date of Completion February 2012

Total Land Area used

(Phase I) 800 ha. (Direct Project Zone)

Total Land Area used

(Phase II)

1200 ha. (Wildlife Conservation

Area)

Project Proponent Airport & Aviation Services (Sri

Lanka) Ltd - AASL

Investment US $ 200 million

Project Approved by

(EIA)

Central Environmental Authority

(CEA)

Current Status (2014) Operational from January 2013

Second EIA study was carried out after failure of location justification (Weerawila) Location was a shrub forest with no human settlements (owned by Forestry Department)

Source: www.lankanewspapers.com 11/10/2014 8

Udamattala

Weerawila

Mattala

Gonnoruwa

Source: Urban Development Authority

Alternatives

Technique used for Comparison of Alternative Sites

All the parameters cannot be placed on a common platform.

Weightage factor gives wide variations and lead to uncertainties.

Quantification of parameters outweigh the reliability of the final outcome

Qualitative ranking method.

1. Negligible 2. Low 3. Moderate 4. High

Justification:

Ranging from highly theoretical quantification techniques to more practical ranking methods

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Primary factors affecting airport selection

Weerawila Udamattala Gonnoruwa Mattala

Surrounding area & land use High Low High Low

Atmospheric conditions Negligible Negligible Negligible Negligible

Obstacles (airfield requirements) Negligible High Negligible Low

Ground access Negligible Moderate Moderate Moderate

Topography Negligible Moderate High Moderate

Environment (Wildlife) Moderate Moderate Moderate Moderate

Social considerations High Moderate Moderate Low

Aerospace Management and Air Traffic Control

Low High Low Low

Hazards (wildlife/bird strikes) Moderate Low Low Low

Proximity to demand centers Negligible Negligible Negligible Negligible

Infrastructure and utilities Negligible Moderate Moderate Moderate

Land availability High Moderate High Moderate

Evaluation of Alternatives

Source: EIA Report, Mattala Airport (2009) 11/10/2014 10

Primary factors affecting airport selection

Weerawila Udamattala Gonnoruwa Mattala

Surrounding area & land use X

Atmospheric conditions

Obstacles (airfield requirements) X

Ground access

Topography X

Environment (Wildlife)

Social considerations X

Aerospace Management and Air Traffic Control

X

Hazards (wildlife/bird strikes)

Proximity to demand centers

Infrastructure and utilities

Land availability X X

Evaluation of Alternatives

Source: EIA Report, Mattala Airport (2009) 11/10/2014 11

Mattala International Airport (HIA)

Follow the principle of ‘Mitigation by Planning’

Completed the Phase I within 03 years of span.

Major objections did not come from public as

the site is away from settlements.

But still environmentalists argued on impacts

to wildlife is not evaluated properly.

Construction of Airport

Source: Compiled by Department of Town & Country Planning, University of Moratuwa

11/10/2014 12

Issues Rose upon Commissioning of the Project

• Major strikes with birds on aircrafts (no damages happen to crew or passengers).

• Arrival of planes were reduced due to no or less demand by passengers and wildlife strikes.

• Wild peacocks & elephant movement is common sight on the routes to the airport.

• Wild peacocks attracted to water sources in airport site and movement on runway.

Source: www.thesundayleader.lk

Source: www.sundaytimes.lk Source: www.sundaytimes.lk

11/10/2014 13

Issues Rose upon Commissioning of the Project

• Forest clearance created the elephants to move into nearby villages and conflict situations.

• Post study of elephant movement showed the availability of 200 – 300 elephants within the airport site.

• Drive away of elephants was failed and many male elephants returned to the surrounding through corridor links.

Source: www.sundaytimes.lk Source: Global Forest Watch

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Issues associated with EIA Process (HIA Project)

Public Participation was not encouraged as per the impact to the settlements was minimum.

Difficulties in identifying the social dimensions involved with bio diversity and eco system services of the area.

Less co-ordination with organizations such as Central Environmental Authority, Department of Wildlife Conservation and Forestry Department.

Institutional & Bureaucratic Issues. (Funding Urgency & Time Limit)

Unclear environmental management plan upon implementation.

Issues in technical know-how & quantification of animals

11/10/2014 15

General Issues associated with EIA Process

The EIA process relies heavily on the judgments of the EIA consultants. (If no previous projects consulted in similar nature)

Developers opt to consider the cheapest bidding which leads to poor quality of the report.

the period allowed for public commenting of 30 days is insufficient.

The incompatibility of projects with Land Use Planning of the area.

Most see it (EIA) as a bottleneck that delays projects that are urgently needed to create employment in the country.

In response the government has tried to simplify the legislation and procedures.

(NEA by Act No 53 of 2000 whereby the public right to comment on IEE has been withdrawn).

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Recommendations for the Future EIA Process

Mainstreaming of EIA process with the land use plans, local area plans, etc.

Specific Time Frame for the EIA Reporting Process should be allocated.

Combination of different ministries together to co-ordinate in the EIA scoping and evaluation process for specific projects.

Update of the Land Use Plans based on govt. policy initiatives.

Prioritization the implementation of Post monitoring and of Environmental Management Plan upon project completion.

Involve public in the pre & post development stages and educate them effectively.

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Thank you

Source: www.lankacnews.lk Source: www.mria.lk

Key References: • Smith, David B., and Mieke Van der Wansem. Strengthening EIA capacity in Asia: environmental impact assessment in

The Philippines, Indonesia, and Sri Lanka. Washington, DC: World Resources Institute, 1995.

• Samarakoon, Miriya, and John S. Rowan. "A critical review of environmental impact statements in Sri Lanka with particular reference to ecological impact assessment." Environmental management 41.3 (2008): 441-460.

• Zubair, Lareef. "Challenges for environmental impact assessment in Sri Lanka." Environmental Impact Assessment Review 21.5 (2001): 469-478.

• Gamalath, I., L. Perera, and S. Bandara. "Environmental Impact Assessment of Transport Infrastructure Projects in Sri Lanka: Way Forward." Proceedings of International Forestry and Environment Symposium. Vol. 18. 2014.

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