News
Major changes proposed to Colombo Port City Project
View(s):The Attorney General has said the Urban Development Authority (UDA) cannot be a signatory to the Colombo Port City Project Agreement replacing the Sri Lanka Ports Authority, “as it lacks the legal capacity under the UDA Act”, the new Supplementary Environmental Impact Assessment (SEIA) on the project states.
“Upon creation of new land by reclamation of the sea, the entire Port City land will be gazetted under the Sri Lanka Lands Ordinance, a subject matter falling under the purview of His Excellency the President in terms of the said Ordinance,” the SEIA reveals. “The UDA could therefore declare the land reclaimed by the Port City Project as an “Urban Development Area” only after the reclamation process is over and a declaration is made under the Lands Ordinance.”
“Accordingly, the sovereign rights of the Government of Sri Lanka, including the right of eminent domain, is applicable within the reclaimed land,” the SEIA observes. The Project Agreement was first signed during the previous regime between the Chinese company and the Sri Lanka Ports Authority. This was deemed unallowable after the new Government took over. Various projects have been included in the developments proposed within the 269-hectare reclaimed land area under the Concept Master Plan for Port City submitted to the UDA for preliminary planning clearance. They include banks, offices and retail shops, hotels and restaurants, diplomatic embassies; dwelling houses and units, apartment buildings, serviced apartments; healthcare, educational and research and development institutions; small businesses and services and allied activities such as open air trading areas, beauty salons, bakeries and laundries.
They also include printing, computer repair, small-scale art and handicraft workshops, car and bicycle repair and service, plumbing and carpentry workshops and other local small-scale businesses and services such as cafes, kiosks, pavilions, newspaper stands, food trucks and book shops; indoor amusement and entertainment establishments, outdoor recreational spaces; art galleries, socio -cultural establishments/community centres; and marina and related facilities, tourism business, convention and event facilities, cultural events and festivals.
However, a Traffic Impact Assessment is only to be done during a future phase of the EIA. Transport experts say this is not good enough given that traffic conditions are critically bad and studies to determine the impacts should not be delayed.
No industrial activities will be allowed within Port City, the SEIA says. The Colombo Port City will be implemented over a 25 -year period. There is no future addition or expansion envisaged beyond the 269 ha area after the reclamation works covered under this SEIA study is completed.
Meanwhile, a large area of 96 hectares on the Colombo Port City will be set aside as common areas for public use such as parks and roads, while 23 percent of the reclaimed area is allocated to the Government as marketable land, the SEIA states.
When taking into consideration the proposed construction of artificial public beaches on the Port City, the area set aside as public spaces increases to more than 40 percent. This leaves the project company with just 41% of reclaimed land for its own financial returns, the SEIA said.
The SEIA is now available at several locations including the Coast Conservation Department for public viewing and comment. The Central Engineering Consultancy Bureau was the lead consultant in the study. It draws the conclusion that the “incremental” environmental impacts from the construction of the Colombo Port City are minimal or negligible at the land reclamation site and the coastal zone to the North and South of the site. It says the project will not contribute to coastal erosion.
But it also stresses the importance of securing the cooperation and “buy-in” of impacted fishing communities. It calls for a carefully designed “benefits programme”. “Currently, considerable publicity has been given regarding the concerns of fishermen on the impact of sand extraction from the designation burrow areas on fisheries,” it states. A large quantity of sand is to be mined from the sea extending from Hendala to Basiyawatta. Fisheries will be the first to be affected.
“As such, it is vitally important that the fisher community is educated on the aspects of the project, the implementation plan, safety and mitigation measures taken and specifics of the income support and benefits programme for which funds are to be allocated to the Ministry of Megapolis…,” the study says. “It is therefore recommended that the relevant Government agencies carefully programme the implementation of the benefits programme in consultation with the community stakeholders.”The SEIA states that the Port City project does not provide any returns to the investor, China Communications Construction Company Ltd (CCCC), in the first five to 8 years of implementation. “In fact, the return on investment and payback from the project to the investor is in excess of 15 years,” it maintains. “Notwithstanding, CCCC has expressed an interest in building Sri Lanka’s largest office tower on reclaimed land in Port City upon completion of the required Phase 2 EIA, thus establishing the company as a long -term investor in Sri Lanka.”