Effectiveness of the Environment Impact Assessment on Sustainable Development in Sri Lanka: A Legal Perspective

Abstract

In the present social economic context there can be identified huge number of development projects are carried out by various governmental and non-governmental authorities. Especially major development projects such as building a hydroelectric dam or factory, irrigating a large valley, developing harbor or airport, thermal power station, high ways, railway lines are large scale of development projects and those kinds of projects are making more environmental and social problem. Without concerning the environment protection most of project proponents are undertaking their development activities. Thus, with the economic development it is unavoidable tendency to environmental dreadful conditions. Therefore, it should be noticed that not only the economic development but also environment protection is most important fact in the development process. To balance these two, the most appropriate answer is the concept of sustainable development. According to the Brutland Commission Report Sustainable development means “development that meets the needs of the present without compromising the ability of future generations to meet their own needs” It contains two key concepts, I) the concept of needs in particular the essential needs of the present generation and II) the idea of limits imposed by the state technology and social organization on the environments ability to meet present and future needs. Thus, Environment Impact Assessment is can be used to prevent or minimize environmental harm in early stage of the development project. According to the National Environment Act No.56 of 1988, Environment Impact Assessment Report means a written analysis of the predicted environmental project and it containing environmental cost-benefit analysis, a description of the project, a description of the avoidable and unavoidable adverse environmental effect of the proposed prescribed project, a description of alternative to the activity which might be less harmful to the environment together with the reasons why such alternatives were rejected and a description of any irreversible or irretrievable commitments of resources required by proposed prescribed project. In the present economic system, most project proponent are used to carry out their development projects to get more economical advantages and they not take in to consideration about the environmental protection. But, this attitude and motivation is adversely affects to the future generation directly. Thus, Environment Impact Assessment plays vital role to balance the process of economic development and environment protection. The ultimate goal of the Environment Impact Assessment is preventing environmental damages and do the development projects. This approach is completely connected with the concept of sustainable development. Therefore, environmental impact should take into consideration and must be incorporated into the developmentprocess. This research attempts to examine the effectiveness of the environment impact assessment in sustainable development of Sri Lanka. Does Environment Impact Assessment an effective method to achieve the goal of sustainable development in Sri Lanka, was the research problem of this research. The main objective of this research was find out the effectiveness of environment impact assessment in the reaching the goal of sustainable development in Sri Lanka. To identify the Environmental Impact Assessment process in Sri Lanka, to find out the connection between the Environmental Impact Assessment and the sustainable development concept, to identify the relevant legal provisions relating to the Environmental Impact Assessment of the relevant Acts, to examine the effectiveness of environment impact assessment towards sustainable development of Sri Lanka and to make suggestions to develop and enhance EIA process in Sri Lankan legal system were other objectives of this research. Case study and literature survey were the research method of this study. Acts, articles, were used for collecting secondary data and through participation observation and interviews primary data were collected. According to the findings there can be identified some strengthen as well as some weaknesses in EIA process in Sri Lanka should be addressed. In the area of public participation, monitoring system, list of prescribed projects is creating some bad effects on the success of the EIA process in Sri Lanka and institutional matters are also critically affect to achieve sustainable development goal through EIA in Sri Lanka. Hence it should be improved the EIA process to achieve the goal of sustainable development in Sri Lanka.