Co-cabinet Spokesman and Minister of Energy Udaya Gammanpila said that our environmental laws are outdated but the former Yahapalana Government had not taken any action to update them.
The Minister in an interview with the Sunday Observer said that the Government at the last Cabinet meeting decided to introduce 42 amendments to the National Environmental Act and make it updated to suit present day needs.
He said the National Environmental Act of No. 47 of 1980 needed to be strengthened in line with rapid industrial and urban development. Therefore, the new Act would lay emphasis on environmentally friendly management and use of chemicals as well as hazardous discharges and waste.
The Minister said despite some shortcomings in our environmental laws, the Attorney General’s Department is preparing a comprehensive claim for compensation covering the environmental damage, fishing damage and overall economic damage caused by the ill-fated X-Press Pearl ship fire.
Excerpts
Q: President Gotabaya Rajapaksa delivering the keynote address at the Sri Lanka Investment Forum 2021 invited investors across the world to join on a transformational journey by investing in Sri Lanka. Your comments?
A: Sri Lanka is the best place to invest in Asia due to several reasons. Firstly, Sri Lanka is located at the right centre of Asia. If somebody wants to cater to other Asian countries, Sri Lanka is the best place to deal.
Secondly, Sri Lanka has a very sound legal system compared to other Asian countries. Thirdly, Sri Lanka has a well-educated English-speaking workforce. Fourthly, there is a very good political stability in Sri Lanka. We have crushed terrorism and there is no sign of it bouncing it back.
The Government has also secured two-thirds majority in Parliament. Because of these reasons, we strongly believe Sri Lanka is the place to deal. Therefore, the President has correctly invited the world investors to make use of this golden opportunity.
Q: Will the Government conduct a comprehensive investigation regarding the ill-fated X-Press Pearl ship fire?
A: It has already been conducted. The Criminal Investigation Department (CID) is conducting an investigation. In addition, the Attorney General’s Department is preparing a comprehensive claim for compensation covering the environmental damage, fishing damage and overall economic damage.
Q: The Opposition says that so far, the Government or relevant authorities have not given an answer to the country as to how this ship was allowed to enter into our territorial waters. Could you explain?
A: They had a habit of giving statements to the media without proper investigation. But we ask them not to put us into their standard. We will explain what has really happened only after the conclusion of the investigations. Otherwise, how do we know what has really happened?
Q: Marine scientists say that the huge environmental destruction caused by the ill-fated ship cannot be overcome by getting compensation. Your comments?
A: It is a known truth that environmental damage is irreversible and cannot be covered with monetary compensation. There is nothing new about it.
Q: How do you respond to Opposition Leader Sajith Premadasa’s claim that the outdated laws should be amended to take stern action against all those who are held responsible for the massive environmental damage caused by the ill-fated ship?
A: Our environmental laws are outdated but the former Yahapalana Government had not taken any action to update them.
But our Government at the last Cabinet meeting decided to introduce 42 amendments to the National Environmental Act and make it updated to suit present day needs.
These Amendments would introduce far-reaching measures including an Effluent Tax to discourage environmentally-harmful discharges from factories and others.
In addition, the tax will be based on the degree of contamination. This will financially incentivise industries to become fully environmentally-friendly. The National Environmental Act of No. 47 of 1980 needed to be strengthened in line with rapid industrial and urban development.
Therefore, the new Act would also lay emphasis on environmentally friendly management and use of chemicals as well as hazardous discharges and waste.
Q: It had been revealed at the legal proceedings before the Colombo Chief Magistrate Court on June 7 that the electronic mails exchanged between X-Press Pearl ship’s captain and the Sri Lankan agent of the operator of the ship regarding the acid leak aboard the vessel had been deleted by the local agent. Will the Government conduct an inquiry regarding this?
A: Actually, the inquiry is done by the CID. Before it was reported to the court by the Government’s Counsel, the Attorney General’s Department informed it to the court based on the findings of the Police.
Q: The Sri Lanka Medical Association has said that they cannot be satisfied with the travel restrictions imposed to control the spread of the Covid-19 pandemic. Would you like to elaborate your views?
A: Frankly, we could witness a lot of vehicles were on the roads when these travel restrictions were put in place. Since that was a prolonged travel restriction, the Government allowed essential services to function. For instance, the health, security, energy, agriculture and export sectors should function despite these travel restrictions.
On the other hand, the people who work at essential services institutes usually use public transport to reach their workplaces. Since there was no public transport at that time, they had to use private transport such as motorcycles, three wheelers, cars and vans. Therefore, there were more vehicles and less people. That would have been one of the reasons to have more vehicles on the road.
Q: Do you think the lack of cooperation given by the people has also become one of the reasons to increase the number of Covid-19 cases in the country?
A: Of course. If the people stick to the health guidelines, there is no room for them to be infected with the virus. The classic example is the IDH Hospital. That hospital is packed with Covid-19 patients. But no doctor, nurse or any other health worker got infected with the virus. Because they take ultra-precaution when they work there. Similarly, if everybody takes precautions and sticks to guidelines given by the health authorities, nobody could be infected. Therefore, the general public has more responsibility which would finally enable the Government to control the pandemic.
Q: There were so many occasions the permission granted to travel during the restrictions were misused by certain people. Then some had raised concern as to how those travel restrictions were successful or paved the way to reduce the number of Covid-19 cases. Would you like to comment on this?
A: Abuses and misuses are a very common phenomenon in any society. That is why the Police Department is doing its best to prevent such misuses through frequent checks and pasting stickers. At the end, the people should also be held responsible for their actions. If they behave responsibly, we can come out of this pandemic as early as possible.
Q: Certain sections have raised concern as to why the Government cannot impose countrywide quarantine curfew similar to those implemented during the first wave of Covid-19 without imposing travel restrictions. Your views?
A: Actually, that is what we have done. There is no difference between that lockdown and this lock down. The function of the essential services was done during that lock down as well. At the first lock down, the people were just confined to their homes. Now of course, the people are familiar with the virus and they are not that bothered about sticking to the health guidelines. This is the issue. Otherwise, the Government has not made any changes during this lock down and that lock down.
Q: At present most of the large-scale projects implemented by the Government are BOT (Built, Operation and Transfer) projects. As highlighted by certain sections, in today’s geopolitics, will this have any adverse effect on our economy?
A: Until the recent past, the Government implemented main development projects with borrowed funds. It is the one which is bad for the economy and the country’s national security. But the BOT projects would not pose such a threat.
Q: Allegations are levelled that attempts are being made by the Government to privatise the Ceylon Petroleum Corporation (CPC). Would you like to respond?
A: I have pledged to the nation that the Government is not going to privatise the CPC. What we are going to do is to bring the largest investment in Sri Lankan history by establishing a new oil refinery with the daily capacity of refining 100000 barrels. The investment is approximately Rs.600 billion. If we compare this with other mega projects, it is two times bigger than the Colombo Port City, Norochcholai Power Plant, Hambantota Port, Mattala Airport and Katunayake expressway projects.
The cost of these projects is cumulatively less than the refinery project. It is not only that the Government cannot afford this but also a Sri Lankan businessman cannot make such a huge investment.
Therefore, we have to invite an investor to build this new refinery on a BOT basis. Until the transfer date, the refinery will be owned by that investor. According to the Petroleum Act, oil refinery is the monopoly of the CPC.
Therefore, we have to amend the Act to accommodate that privately owned refinery which will be transferred to the CPC on a later date. However, operating a privately owned refinery is invisible unless we amend the Petroleum Corporation Act.
Otherwise, when we call for the BOT refinery, nobody would respond to that tender call since it is illegal. That is why we decided to amend the CPC Act.
Q: Has the Government decided to pay compensation to the people who were affected by the recent overflow of furnace oil at the Sapugaskanda Oil Refinery?
A: Yes. The Government has already focused its attention regarding this issue. The area where the Sapugaskanda oil refinery was located was flooded due to the separator tanks containing furnace oil at the Sapugaskanda Oil Refinery having overflowed with water. This plant has been a groundwater treatment plant since the 1960s.
As the Minister of Energy, I have appointed two committees to look into this particular incident and ascertain the actual reason for this incident, whether it was due to some negligence on the part of the officials and what steps should be taken to prevent the recurrence of such incidents in future.
Accordingly, the damage caused by this incident will be calculated and action will be taken to compensate the affected.
Q: Opposition Leader Sajith Premadasa has said that the Government aims to oppress the general public through the chemical fertiliser ban imposed without a proper plan.
A: Banning the chemical fertiliser has been a request made by the environmentalists for a long time. Because of chemical fertiliser, the people have faced a lot of hardships such as kidney failures, cancers, loss of immunity and infertility.
Therefore, it has been a long-felt demand of the educated and environment loving people and the health community. When we are going to transfer from chemical fertiliser to organic fertiliser, there would be a shock. We are hoping that the people would absorb this shock and bear the pain for the benefit of the future generation.
Q: The main Opposition SJB has expressed its opposition to the Colombo Port City Project. Your views?
A: It is a known fact that the Greater Colombo Economic Commission Act No: 04 of 1978 had more powers and provisions than the Colombo Port City Economic Commission Act.
The main Opposition SJB criticised most of the clauses of the Port City Commission Act such as operating foreign currency accounts and no local authority for the zone.
But all these provisions can be found in the greater Colombo Economic Commission Act as well. Therefore, the SJB’s opposition to the Port City Commission Act reflects their duplicity.