National Environmental Act (1980) of Sri Lanka Vs National Environmental Act (2007) of Bhutan

The Environment (Protection) Act empowers the central government to safeguard and improve environmental quality, control and reduce pollution from all sources, and prohibit or restrict the establishment and/or operation of any industrial facility based on environmental considerations. When considering the National Environment Protection Act of 1980 of Sri Lanka and the National Environment Protection Act of 2007 of Bhutan following similarities and differences can be seen.

When considering the purpose of the National Environmental Act of Sri Lanka, the Central Environmental Authority was established. It is known as the National Environment Commission in Bhutan. The Authority in Sri Lanka is made up of three members. The commission in Bhutan, on the other hand, must have a maximum of nine members. When it comes to the Authority's and Commission's roles, the majority of them are similar. They protect and promote a safe and healthy environment by preventing, controlling, and abating environmental harm, such as pollution. Ensure that natural resources are conserved and used sustainably; through the implementation of environmental assessment acts, institutionalize environmental assessment as an integral part of the development planning process.

Both the authority and the commission will be in charge of establishing policies, plans, and guidelines for environmental protection, sustainable development, and proper resource utilization.

Every regulation made by the Minister in Sri Lanka must be brought before parliament for approval as soon as possible after it is published in the Gazette. Any regulation that is not so approved is deemed to be rescinded as of the date of such disapproval, but nothing previously done under it is affected. The date on which any regulation is deemed to be rescinded shall be announced in the gazette. The Secretariat in Bhutan prepares other draft acts, rules and regulations, and standards required to implement this Act for the Commission's consideration and adoption.

When the Bhutanese government decides that the Commission will not hear specific environmental disputes, the government may create an Environmental Tribunal. A properly constituted Environmental Tribunal is a quasi-judicial body with the authority to hear, hear evidence, investigate, issue summonses, request information, and make decisions on the matters before it. However, in Sri Lanka, environmental cases are still decided by regular courts. So the question is whether environmental adjudication can be accomplished through ordinary courts or whether Sri Lanka requires a separate judicial body for this purpose.

In Sri Lanka, anyone who violates or fails to comply with any provision of this act or any regulation made thereunder commits an offense and, upon conviction before a Magistrate, is subject to imprisonment of either description for a term not exceeding two years or a fine not exceeding one thousand five hundred rupees or both. In Bhutan, a violation or infringement of any of the obligation for a civil offense under this Act the penalty may comprise the following points. Payment of a fine ranging from one to twelve man-months of the minimum National Wage Rate, payment of compensatory costs for rectifying any damage to person or property caused by the offense, and an order to take mitigating, corrective, or restorative measures as may be deemed necessary to prevent further damage to human health and/or the environment are among them. And if an offense continues after a stop order, any industries will be shut down without compensation.

In Bhutan, the commission must ensure that a minimum of 60% of the country's total land is kept under forest cover at all times to protect the country's natural resources and prevent degradation of the fragile mountain ecosystem. Only the parliament has the authority to change the current national forest cover and protected areas. But in Sri Lanka, there is no that kind of laws. Therefore the present natural forest cover is less than twenty percent compared to our land area. Due to the weaknesses of the laws deforestation is done by peoples at an alarming rate.

To reduce the use of fuelwood/timber from primary forests, both the Authority and the Commission must ensure and promote the use of clean energy and alternative technologies. In addition to the existing protected areas, the Authority and Commission, in consultation with other relevant agencies, shall ensure the conservation and protection of wetlands, alpine regions, watersheds, and other vulnerable ecosystems.

The Act requires the Bhutanese government to establish regulatory controls over the import and use of genetically modified organisms (GMOs), including Living Modified Organisms (LMOs) and products containing GMOs, as well as the introduction of alien species, in consultation with relevant agencies. However, under the Central Environmental Authority of 1980 Act, there is no such mechanism in Sri Lanka. At that time therefore various types of alien species have come and established in our land from other counties.

Both the Authority and the Commission have the authority to establish natural resource valuation mechanisms and to apply those values to legal and economic instruments, such as payments for environmental services designed to be shared equitably among resource users, conservation costs and benefits, and resource sustainability. Any person who is dissatisfied with a decision made under this Act may file an appeal with the commission. Any decision act's substantive and procedural legality may be challenged by the person who has been wronged.

Despite having a good track record in the Asia region for environmental education, Sri Lanka lacks the political will and commitment to protecting its environment. The war was a diversion that also contributed to environmental neglect. Now that the war has ended, it is time for the government and the general public to reconsider and take steps to protect the environment for future generations.

References

1980, N. E. A. N. 4. o., 2013. CENTRAL ENVIRONMENTAL AUTHORITY. [Online] 

Available at: http://www.cea.lk/web/images/pdf/acts/act47-80.pdf

[Accessed 5 May 2021].

Ahsan, A. G. a. I., 2014. REVIEW AND COMPENDIUM OF ENVIRONMENTAL POLICIES AND LAWS IN BHUTAN, Mandaluyong City: ASIAN DEVELOPMENT BANK.

BHUTAN, R. G. O., 2020. National Environment Commission. [Online] 

Available at: http://www.nec.gov.bt/wp-content/uploads/2019/04/NEPA_ENG.pdf

[Accessed 6 May 2021].