Suitability of the coastal waters of Sri Lanka for offshore sand mining: a case study on environmental considerations

Abstract

In Sri Lanka, the total demand for sand is about 12,000,000 m³ per year with a demand growth projected to increase by 10 % every year. However, Sri Lanka’s construction industry seems to face a shortage of sand if offshore sand mining is not promoted as a viable alternative and over-exploitation of river sand may lead to more significant damage to rivers (which is presently a serious issue). This article discusses the suitability or otherwise of the unexplored south-eastern, east and north-western offshore areas for exploration and mining works. This study was conducted by consulting several government organizations and universities dealing with coastal resources management, literature reviews and Key Informants’ Interviews held with Fisher Folk Societies and Divers’ Organizations in the study areas. The east and north-western offshore locations are not ideal considering the bathymetry (most locations in the east coast have water depths >20 m, hence mining is not commercially viable; in the north-western offshore areas depth is <15 m; mining is prohibited in Sri Lanka at depths ≤15 m and <2 km offshore) and the occurrence of critical habitats. In the south-eastern offshore areas the complex wave climate resulting in significant coastal/shoreline stability variations is a concern and the sea is very deep (>20 m beyond 2 km offshore). Therefore, by considering the views expressed by the Divers’ Organizations and Fisher Folk societies it would be ideal to undertake exploration studies in the offshore areas in the north-eastern stretch.

Appendices

Appendix 1 Legislation in Sri Lanka for offshore sand mining

Acts and laws

Under the Mines and Minerals Act No. 33 of 1992, the GSMB issues four types of licenses with reference to offshore sand deposits namely exploration, mining, trading and transport.

• An Exploration License which grants the license-holder the exclusive right to explore for all mineral categories authorized by the license. Initially, the GSMB issues Exploration Licenses only. Exploration Licenses are issued to undertake exploration studies at a distance of 2 km or more than 2 km seawards from the mean low water line. This is not specified under the Mines and Minerals Act No. 33 of 1992. However, the GSMB has decided on this taking into consideration that removal of sand is prohibited by the Coast Conservation Department (CCD)⁷ within the Coastal Zone (see below).

• An Industrial Mining License (IML)⁸ which grants exclusive rights to explore for, mine, process and trade in all minerals mined within the area specified in such license.. An IML/A is issued where the production volume would be more than 1,500 m³ per month. However, issuing of an IML/A license is subjected to approval of an Environmental Impact Assessment (EIA) report submitted (see below) by the Project Proponent. The validity period of the license is determined by the GSMB.

• A Trading License (TDL)⁹ which shall grant the non-exclusive right to purchase, store, process, trade in and with the special authorization of the Director-General, to export minerals in respect of which the license is issued.

• A Transport License to transport minerals or mineral-bearing substances shall be issued for such quantity and period and for such minerals as may be specified in such license. All exploration, mining and trading license-holders shall require a transport license to transport minerals or mineral-bearing substances.

The clause 65(2) of Mines and Mineral Act No 33 of 1992–“Restriction on the power to mine the sea bed” states “No person other than a person holding a license in that behalf issued under the Mining and Minerals Act No 33 of 1992, shall mine the sea bed”.

All mining and mineral extraction projects (including all offshore mining and extraction works) are prescribed projects as contained in Gazette (Extraordinary) No 772/22 of 24 June 1993 and No 859/14 of 23 February 1995. Therefore, according to Section 23 (z) of the National Environment Act (NEA) No. 47 of 1980¹⁰ (as amended/Act No. 56 of 1988 and Act No. 53 of 2000) such projects (whether located wholly or partly outside the coastal zone as defined by the Coast Conservation Act No. 57 of 1981, now known as the Coast Conservation and Coastal Resource Management Act No. 57 of 1981) requires an EIA study in order to obtain the Environmental Clearance/Approval from the Central Environmental Authority (CEA). CEA is the Project Approving Agency (PAA) and the main government body in Sri Lanka under the Ministry of Environment and Renewable Energy¹¹ that has been entrusted with responsibilities regarding the use of lands, environmental management and conservation of natural resources, etc. (except in the North-Western Province¹² where the Provincial Environmental Authority enforces the North Western Province Environmental Statute No. 12 of 1990). A mining license is issued by the GSMB only if the EIA submitted is approved by the CEA in the form of an Environmental Clearance/Approval. It should be noted that the CEA also considers the recommendations made by the CCD when issuing the Environmental Clearance/Approval.

Any requirements with reference to offshore sand exploration and mining have not been prescribed in the Coast Conservation Act No. 57 of 1981 and its amendments (including the latest amendment known as the Coast Conservation and Coastal Resource Management Act No. 57 of 1981) which are administered by the Coast Conservation Department (CCD) as mandated. According to several reports (Netherlands Economic Institute 1992; ERM 2002), following conditions have to be adhered to with reference to offshore mining.

• CCD requires the Project Proponent to carry out investigations and submit the CCD for permit evaluation.

• CCD does not permit mining within 5 fathom contours (i.e., 9.1 m depth) or 1,000 m seawards from the low water mark, whichever is furthest.

• Where corals or sandstone reef occurs, no permission is granted in areas occurring between reefs and shore and the CCD specifies the minimum distance between mining site and nearest reef.

• Mining is restricted to a depth normally determined by the CCD for the particular site.

• Mining methods, stockpiling of mined sand, transferring methods from mining site to storage areas, storage sites and disposal sites will be specified by the CCD.

However, very recently for regulation purposes the CCD decided that mining will not be permitted in areas where depth is ≤15 m and at a distance is <2 km from the coastline (low water mark) and only 1.5 m layer of sand could be removed.

Nevertheless, within the Coastal Zone (see Fig. 12 below) as per the Coast Conservation Act No. 57 of 1981 and its amendments any removal of corals other than for research purposes, removal of sand (except in areas identified by CCD) and any development activity within sand dune areas are prohibited. Coastal Zone (see Fig. 12 below) is defined in the Coast Conservation Act No. 57 of 1981 and its amendment Act No. 64 of 1988 as “the area lying within a limit of 300 m landward of the Mean High water Line and a limit of 2 km seaward of the mean Low Water Line and in the case of rivers, streams lagoons or any other body of water connected to the sea either permanently or periodically, the landward boundary shall extend to a limit of 2 km measured perpendicular to the straight base line drawn between the natural entrance points identified by the mean low water line thereof and shall include waters of such rivers, streams, and lagoons or any other body of water so connected to the sea”.

Fig. 12

Illustration of the legal boundary of the Coastal Zone of Sri Lanka

As per the Section 22(A) on “Application of the Mines and Minerals Act” under Part III (Permit Procedure) of the recently amended Coast Conservation and Coastal Resource Management Act No. 57 of 1981 (as amended by Act No. 64 of 1988, No. 49 of 2011 and by the Mines and Mineral Act No. 33 of 1992), prior consent should be obtained from the Director-General (DG) of the CCD in relation to an area lying within the Coastal Zone for mining works. Without such prior consent, the Director-General of the GSMB will not issue any permit. Where the Director-General (DG) of the CCD consents to the grant of a permit by the Director-General of the GSMB, DG of the CCD may require that such conditions as he deems necessary in the circumstances be attached to the permit so granted. As per subsection (4) of Section 22A, the GSMB reserves the right to cancel any permit (after consultation with the DG of the CCD) if the permit holder fails to comply with the permit conditions and any directions given by the GSMB (with the advice of the CCD) within a specified period. According to subsection (5) of Section 22A, “Where a permit is cancelled in terms of subsection (4) the provision of Sections 38, 39 and 40 of the Mines and Minerals Act No. 33 of 1992, shall mutatis mutandis apply in respect of such cancellation”.

Appendix 2 Questionnaire for the divers’ organizations

Date:

Venue:

Name & Designation:

Organization & Address:

• Is there a specific season that the divers go to the sea? If yes, why and time period?

• What is the minimum distance they dive and depth? Why?

• Is there any sand available in areas they dive (give GPS points if available) and what is the extent/area of the sand deposits or quantity?

• How do these deposits vary with the seasons (considering wave climate/season)?

• Are these deposits similar or different to beach and dune sands in terms of color and fineness/grading?

• Are these deposits rich in chlorides/salt?

• Are there are any places of accretion? If yes, where and GPS points. How often there is accretion (describe in terms of seasons)?

• Any remarks?

Appendix 3 Questionnaire for fisher folk societies

Date:

Venue:

Name & Designation:

Organization & Address:

• Is there a specific season the fisher folk groups go to the sea? If yes, why and time period?

• What is the minimum distance boats travel and anchor the boats away from the coastline?

• How deep or shallow is the area where the boats are anchored? Provide the GPS points (if available). Are there any deposits found in such areas? Provide the GPS points

• What is the extent/area of the sand deposits or quantity?

• How do these deposits vary with the seasons (considering wave climate/season)?

• Are these deposits similar or different to beach and dune sands in terms of color and fineness/grading?

• Are these deposits rich in chlorides/salt?

• Are there are any places of accretion? If yes, where and GPS points. How often there is accretion (describe in terms of seasons)?

• Any remarks?