STORM
OVER SAND
By Marisa de Silva
A battle involving sand miners, police and environmentalists
appears to be heading for a sand storm with charges and counter
charges being traded. In this backdrop sand transporters holding
valid transport permits complain that police are coming down hard
on the wrong link of the sand-mining chain, while authortities say
stern action is needed if a looming environmental crisis is to be
averted.
Environment
Minister A.H.M. Fowzie, who had instructed the police to arrest
perpetrators of illicit mining said the ministry had to take a tough
stand to avert an environmental catastrophe and accordingly police
had been instructed to take immediate action against the violators.
However,
for those who make a living out of sand mining, there are more pressing
issues than the environment. Christopher, a lorry driver, who transports
sand was first reluctant to disclose his identity for fear of reprisals
but later agreed to speak as he wanted to air his grievances. He
said he transported about 1½ cubes (a small lorry-load of
sand) daily from Kochchikade and Chilaw into Colombo, along with
other lorry drivers.
Lately,
however he said police have been detaining their trucks en route
to Colombo, even though they produced valid transport permits. "They
have detained about ten trucks upto now and filed action against
us. It's pointless detaining us, it's the large scale illegal sand
mining operations that must be put a stop to," he said.
He
said due to the crackdown, sand was in short supply in relation
to demand and prices had rocketed from Rs. 2000 a cube to Rs. 4200.
He also said lorry drivers took a longer route now to avoid police
checks and this too was delaying the supply and thereby further
increasing the price.
"We
don't make big money off the sand trade. It's the big-time miners
who earn big bucks, but as usual we are the ones who are caught
in the middle and eventually lose out," Christopher lamented.
He
also charged that big-time miners used huge lorries to transport
large quantities of sand in one go, whereas their small lorries
would take about six days to transport that amount of sand.
However,
on the environmental front there are organisations and lawyers who
are fighting to stop large scale mechanised sand mining operations
in the regions of Kochchikade and Chilaw.
At
a meeting this week, with officials of the Police, Divisional Secretariats,
the Geological Survey and Mines Bureau, the Central Environment
Authority, relevant parliamentarians and environmental officials,
Rose Fernando, a lawyer representing the Environmental Protection
Society, had discussed the environmental hazards caused by mechanised
sand mining and the problems faced by the people in the area.
She
also disclosed that many officials had admitted their inability
to crack down on illegal mining due to political pressure. However,
she warned that if these officials failed to act, the Central Environment
Authority would be forced to take legal action forcing them to carry
out their respective functions. She also said they would act on
behalf of residents affected by these illicit operations.
Explaining
one of the problems faced by the people, she said some big-time
sand miners used large backhoes (20-25ft) with two arms, and dugup
mining pits which were about 40-50 feet in depth, and this resulted
in water levels going down. She also said the heavy vehicles damaged
roads, and raised a lot of dust, polluting the area. The machines
also worked late into the night creating noise pollution too.
She
also warned that about 100 acres from the banks of the Maha Oya
had been excavated, and this could have a serious impact on the
bridge running over the Maha Oya, which served as a border between
the Western Province and the North Western Province. She said because
of this danger, and the hazards faced by the people, the Environment
Authority had filed a case in the Negombo Magistrates Courts which
in turn had issued an order prohibiting mechanised sand mining.
However, due to the inaction of the police the court order not been
effectively enforced.
Ms.
Fernando said earlier this month, a group of residents had protested
outside the office of the Negombo SSP in an attempt to force the
Police to action. However, little came out of the protest and susbsequently
three protestors had been assaulted. Although the alleged assailants
had been identified, police had been slow in acting and the attackers
had been produced in court only this week. She said the Environment
Authority was forced to file a motion in the Supreme Court on March
14 stating that the Court Order was not being complied with and
the Supreme Court has now ordered the Negombo and Chilaw Police
to comply with the court order or be charged with Contempt of Court.
She said now the police have been jolted into action and they are
now guarding the mining sites. However, the backhoes are still there,
which means that the miners could always re-start operations once
the heat is off, she added.
Commenting
on the situation, Negombo Divisional SSP K.A.J. Keenawinna and OIC
Chilaw Police IP H.U.S. Hettiarachchi said they have now deployed
police officers to guard the mining sites. SSP Keenawinna said they
hadn't moved the backhoes because they had no facilities to do so.
However, he assured that the drivers of these vehicles had fled
the area and the miners will not be permitted to use them. Anil
Peiris, Director, Geological Survey and Mines Bureau (GSMB), said
that the scarcity of sand was becoming a problem for both, citizens
and the construction industry, particularly as the Deduru Oya deposit,
has been exhausted.
Commenting
on alternatives he said, crushing rocks and getting sand was not
a feasible alternative and it was not financially viable. However,
he said off-shore sand mining was an option and studies were being
done in that area.
As
stated in the judgement of the FR case dated 6.8.2004, pending the
finalisation of the 'National Sand Resources Policy' formulated
by the Ministry of Environmental and National Resources, there will
be no licences issued by the GSMB for mechanised mining. Furthermore,
licences will only be issued for artisan mining, if the necessary
conditions are satisfied.
Floods
and drought
Despite strict measures to combat excessive sand mining, Walawe
Ganga is being stripped of its rich resource. The mounds of sand
lying in the Embilipitiya Magistrate's Court premises is only a
mere fraction of the colossal amount of sand that is being removed
from the river each day, environmentalists say.
Premasiri
Abeysooriya, President of the Environmental Friendly People's Organisation
said everyday 400 to 500 lorry loads of sand is being removed from
the Embilipitiya area alone.
"This
is not only a threat to Walawe Ganga but also to the wildlife in
the vicinity. During heavy rains there’s the danger of landslides
and floods while in the dry season continuing mining could lead
to long periods of drought,” Mr. Abeysooriya warned.
Stop
it now, or face contempt of court
The Supreme Court on Monday warned Negombo's Senior Superintendent
of Police that he will be charged for contempt of court, unless
he took steps forthwith to halt the illicit sand mining that is
taking place on the banks of the Maha Oya, by March 28.
Counsel
Jagath Gunawardene, who appeared for the Environmental Foundation
Limited, had submitted to Court, the proof in the form of photographs,
of continuing illicit sand mining with the use of heavy machinery.
The EFL had filed a motion in the Supreme Court stating that despite
an undertaking given to the Court, by the SSP's of Negombo and Chilaw,
no steps had been taken to prohibit the mining.
The
counsel had also said illegal mining was being carried out on the
banks of Dadum Oya as well. The Court issued notice on the newly
appointed SSP for Chilaw in respect of the complaint pertaining
to Dadum Oya. |