The Government will shortly introduce amendments to the National Environment Act (NEA) to address current legal and institutional issues and give more powers to the Central Environmental Authority (CEA).
The draft National Environment (Amendment) Act was approved by Cabinet and will be presented to Parliament shortly.
The amendments to the National Environment Act, No. 47 of 1980, will include reforms to the current governance structure of the CEA, including modernising the Environmental Impact Assessment (EIA) process to enhance transparency and efficiency, strengthening compliance and enforcement mechanisms to tackle emerging environmental threats, and improving public participation in decision-making to ensure community-based conservation.
It will also strengthen laws on the management of solid waste, including measures for waste minimisation, waste segregation, waste conversion or treatment, processing, and final disposal in the most beneficial manner.
The amended law will also implement a mechanism for Extended Producer Responsibility (EPR) in respect of prescribed goods or products, either independently or in conjunction with any other person, while licences issued by the CEA will be reviewed regularly, and those acting in violation of stipulated conditions will face cancellation of licences as well as enhanced fines.
The introduction, in particular, of Extended Producer Responsibility should be welcomed. This is one area that has been lacking in the country and has led to significant environmental damage.
Extended Producer Responsibility (EPR) is a policy approach that makes producers responsible for their products throughout the entire lifecycle, including the post-consumer stage. This specially designed environmental policy shifts the burden of managing certain end-of-life products from municipalities and taxpayers to the producers who place those products on the market.
In Sri Lanka, one can see waterways, roadsides, etc., littered with beer cans and bottles, yoghurt cups, plastic coverings of different kinds, food containers, etc. There is no system where producers bear any responsibility for the harm caused to the environment by their products, with many washing their hands of responsibility after selling them. But that needs to change, and the enhanced NEA will hopefully do just that.
Take the case of elephants in certain areas of the country. There have been several deaths of these animals from ingesting polythene and plastic waste at open landfill sites near wildlife habitats. Hungry elephants search for food in garbage dumps, consuming non-degradable plastic bags, wrappers, and containers that cause severe gastrointestinal blockages, sometimes resulting in death.
According to the United Nations Environment Programme (UNEP), the EPR approach is designed for producers to bear significant responsibility-physical or financial-for the environmental impacts of their products throughout their entire lifecycle, particularly at the post-consumer disposal stage. It promotes eco-design, waste reduction, and circular economy goals.
Plastic pollution has become a pressing global issue threatening the environment, including humans, wildlife, and habitats, and Sri Lanka needs to do its part to safeguard the environment and the natural resources with which the country is blessed.
While the Minister of Environment and his officials must be lauded for enhancing the related laws, especially the EPR framework, much will depend on implementation. Once the law is passed, authorities must ensure that they engage with producers, particularly those manufacturing mass-market products, so that they not only minimise the use of materials that harm the environment but also understand that profits come at a price. While counting their profits, producers should invest a significant amount of money in keeping the environment safe from the impact of their products.