By: Staff Writer
September 15, Colombo (LNW): In a significant triumph for environmental conservation, the crucial protections for Other State Forests have been reinstated, guaranteeing their conservation and sustainable management.
A new cabinet decision has effectively addressed the legal challenge posed by the Environmental Foundation (Guarantee) Ltd., securing enduring protection for these essential forest regions.
The Environmental Foundation (EFL), alongside environmentalist and former EFL Director Rukshan Jayawardene, filed a Fundamental Rights Application (No: SC/FR/01/21) on behalf of Sri Lankan citizens in the Supreme Court.
This application sought to overturn the Cabinet decision dated 12/10/2020 and Circular No. MWFC/1/2020 dated 04/11/2020, which had transferred control of Other State Forests to District and Divisional Secretaries.
The contested Circular No. MWFC/1/2020 had annulled Circular No. 05/2001 (amended by Circular No. 02/2006), which had previously entrusted the Department of Forests with the management, development, and protection of Other State Forests.
Under Circular No. 05/2001, development of these forests was only permissible following a review by the Inter-Ministerial Committee and an Environmental Assessment as mandated by the National Environmental Act.
In contrast, Circular No. MWFC/1/2020 allowed District and Divisional Secretaries to alienate these forests using standard procedures for state land alienation, without a robust mechanism to assess environmental impacts.
This could lead to reduced forest cover and significant environmental and biodiversity damage, violating the National Forest Policy and national laws.
EFL’s legal challenge underscored the necessity for stronger protections for these forests, which, while not formally designated as protected, are vital to the country’s ecosystem.
The case concluded on 04.09.2024 with the reliefs sought by EFL being granted through Cabinet memorandum No. MWRFC/2023/06 and the Cabinet decision dated 05.07.2023. These actions reinstated Circulars No. 05/2001 and 02/2006 and nullified the problematic Circular No. MWFC/1/2020.
Additionally, State Counsel was instructed to inform relevant authorities of these updates. EFL expresses sincere gratitude to President’s Counsel Saliya Peiris and Charith Galhena for their pivotal role in achieving this outcome and protecting our valuable environment.
