Government of Sri Lanka - Homepage | Ramsar...The Sri Lanka Land Reclamation and Development Corporation (SLLRDC), was part of the Ministry of Defence at the beginning of the study

Government of Sri Lanka METRO COLOMBO URBAN DEVELOPMENT PROJECT

(MCUDP)

The Consultancy Services for the Preparation of a Management Strategy for Wetlands and Carrying out an Assessment of Water Quality in the Inland Waterways and Lakes within Metro Colombo Area

Technical Report 01 INSTITUTIONS AND POLICY

WETLAND MANAGEMENT STRATEGY No.MCUDP/PHRD/03

January 2016

WETLAND MANAGEMENT STRATEGY ‐ Technical Report 01 ‐ INSTITUTIONS AND POLICY Metro Colombo Urban Development Project ‐ Consultancy Services for the Preparation of Management Strategy for Wetlands and Carrying out an Assessment of Water Quality in the Inland Waterways and Lakes within Metro Colombo Area

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TEAM MEMBERS

Rob MCINNES ................................................ Team leader

Sibila JAKSIC .................................................. Institutions and policy Project manager

Rob MCINNES ................................................ Ecosystem services_PRA_Questionnaires

Mark EVERARD .............................................. Ecosystem services

Anusha BANDARA ......................................... Ecosystem services _Economic valuation

Lalith AMARALAL ........................................... Ecosystem services_PRA

GREEN MOVEMENT ...................................... Ecosystem services _Questionnaires

Devaka WEERAKOON .................................... Biodiversity

Gilles MOYNOT .............................................. Biodiversity

Guillaume SALMON ....................................... Communication Plan

Nicolas BARGIER ............................................ Water and soil quality

Ranjana PIYADASA ........................................ Water and soil quality

Pierre RIGAUDIERE ........................................ Physical features_Hydrology

Anura RANWALA ........................................... Physical features_Hydrology

GIS team : Thilina Buddima PALLETHANNE, Anthony ROUÉ, Vu Hai LE, Inakshi KARUNAWARDANA,

Olivier PETOT (ASCONIT) and “SAFEGE” GIS team

Supportive roles :

Missaka HETTIARACHCHI ............................. Institutions and policy

Mathieu SOUQUET ....................................... Wetland Management Strategy

Keerthi Sri JAYAWARDENA ........................... Hydrology background

Indrasiri L.H .................................................. Expert GIS

Janaka DHARMASENA .................................. Urban planning issues

Emmanuel THIRY .......................................... Advisory on governance issue

Field assessment and survey were accomplished with participation of GREEN MOVEMENT staff for

ecosystem services assessment and students from Colombo University for water quality and

ecological surveys.

https://dub121.mail.live.com/ol/�


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Metro Colombo Wetland Management Strategy was developed as a complementary initiative

towards achieving capacity enhancement for flood and drainage management under the World Bank

funded Metro Colombo Urban Development Project.

The study received grant funding from the Japan Policy and Human Resources Development Fund

and was directly supervised by the Wetland Management Division of the Sri Lanka Land Reclamation

and Development Corporation :

Dr. N. S. Wijayarathne ‐ Deputy General Manager

L C G Soysa ‐ AGM ‐ Coordinator

W D C T Gunasiri ‐ Environmental Scientist ‐ Surface and Ground Water and Soil surveys

P D Pindeniya ‐ Ecologist ‐ Biodiversity Field surveys

Ranoshi Siripala ‐ Ecologist ‐ Biodiversity Field surveys

Kumudu Shirani ‐ Engineer ‐ Ecosystem Service Assessment

U Y I L Dharmasoma ‐ Surface and Ground Water surveys

Dammika Marasinghe ‐ Administrative Officer ‐ Social Surveys


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CONTENTS

1 INTRODUCTION _________________________________________ 2

2 METHODS _____________________________________________ 3

3 MAIN RESULTS __________________________________________ 4

3.1. The institutional mapping ___________________________________________ 4

3.2. Key laws, policies and plans ________________________________________ 16

4 DISCUSSION AND EVALUATION ___________________________ 21

5 MAIN CONCLUSION AND RECOMMENDATIONS ______________ 24

6 REFERENCES ___________________________________________ 28

7 APPENDIX 1 EXCERPT FROM THE PART I : SEC. (I) ‐ GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA ‐ 21.09.2015 _________________________________ 29

8 APPENDIX 2‐SRI LANKA LAND RECLAMATION AND DEVELOPMENT CORPORATION ACT _____________________________________ 37


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Executive summary

Colombo Wetlands have a long and dynamic history of governance. Many national and local level stakeholders are involved in their management but the overlap of jurisdiction and powers made Colombo Wetlands management “dissolve” and disorganize thereby leaving place for growing illegal filling.

In addition to that the limits of the City are expanding fast and the actual structure of local governments seems not to be adapted to the need for an integrated management of natural infrastructure (water, soil, air, forest and vegetation, wetlands) on the level of an area such as the Metro Colombo.

Moreover, due to this development the wetlands that once were in an open nature environment have become rapidly surrounded with building, roads, waste and all the other legacies of modern urban development. Although the wetland policy on a national level functions fairly well (with the introduction of the Wetlands Village Committee) Colombo Wetlands don’t seem to have found the right scale of governance for their optimal functioning.

The consideration of wetlands within policy frameworks

Even though wetland plays a great role in flood control, present policy does not consider this to be urban wetlands (or considers it on a very superficial level) and at the moment there is no barrier for developing wetlands into constructible land.

New action from the government on creating recreational parks on those wetland areas has elicited great interest from a wide public: joggers, children, families and young couples literally invade these new, locally called “urban parks”.

Turning non active paddy fields into organic farms was another success story of the wetlands which has also permitted the remaining but not active rural society to revive and integrate as urban agriculture.

This new popularity of the wetlands as a leisure platform and a great opportunity afforded in terms of eco‐tourism should enable the government to revisit and adjust its policies on urban planning, wetland protection and to rethink the best structure for Metro Colombo Wetland Management.


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1 INTRODUCTION • Flooding • Urban planning process • Wise use • Policy as tools for good gouvernance • Awarness

Colombo is a city surrounded by a large and interconnected system of natural and managed wetlands that provide a valuable role in flood risk management. The rapid and partly ad hoc urbanization in the past 15‐25 years has caused a steady degradation in the wetlands severely threatening and degrading the benefits they provide to human society. It has been demonstrated that the native, grass‐dominated marshy habitat of the wetlands is rapidly transforming into a habitat with shrubs and small trees (now estimated to cover 44 percent of the wetland area). The typical peaty soil in the marshes has also changed into a semi‐mineral soil due to changes in vegetation, hydrology and water quality. These changes have resulted in a significant reduction in water‐holding capacity of the wetland, thus increasing flood risks. These ecological changes have resulted in the implementation of heavy engineering measures undertaken by the local authorities in order to manage flood risk.

In order to prepare for the sustainable evolution of the City of Colombo an integrating management of natural resources into urban planning and protection of significant biodiversity as part of the essential green infrastructure of the city have to become the priority of planning process.

In that manner when we are talking about significant biodiversity we do not consider biodiversity as a static resource but as the beneficial functions and the delivery of a wide range of ecosystem services.

Recognizing and establishing the links between wetland science and policy implementation provides a genuine opportunity to ensure that these important natural systems secure a strong legacy within the greater city environment. Considered and robust policy implementation will ensure that the interaction between environmental, social and economic wetland elements produces a better place for future livelihoods and human well‐being.

Policy instruments ‐ tools which deliver good city governance

A strong, scientifically defensible and integrated policy on wetlands is an essential component of wise use and sustainable management. Once established and articulated, any wetland policy needs to be communicated among a diverse public audience through a range of media including:

• interactive media

• public meetings

• educational tools


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OBJECTIVES

The project objectives demand that there needs to be considerable ambition regarding the role that urban Colombo can and will play in the sustaining natural systems. Therefore strong political leadership, decision making and policy directions need to be generated as a result of this study. Robust efforts from stakeholders will shape and advocate planning policies that put social justice, equitable benefit sharing and a sustainable environment at the heart of the strategy.

The aim of this technical annex is to understand the existing institutional framework and policy for wetland management of Metro Colombo and provide recommendation for developing and implementing the WMS. Policy for wetlands has to support wise use, and as a planning tool to manage wetlands in a local, regional, or national and international context.

2 METHODS This study used various methodologies.

The wetland resources in Colombo District were identified from relevant maps, satellite images and inventories. The stakeholders involved in the management of wetlands in Colombo Ditrict and were identified from relevant policy documents, reports and focus discussions. The key stakeholders were then invited for two “stakeholder workshop”from wich the main result is stated in the discussion and recomandation chapter of this raport.

Focusing on the policy, legal, regulatory and institutional issues of wetland management framework this study used variousmethods.

• Organizational jurisdiction –list of all organizations responsible for wetland management planning and their responsibilities as wella list of institutions responsible for the implementation of wetland management and their was given from the SLLRDC and completed by interviews and literature.

• The examination of policy, legal and regulatory framework for wetlands management in Sri Lanka was obtained through a literature review and perusal of the relevant documents.

• The stakeholders involved in the management of wetlands in Colombo Ditrict were identified from relevant policy documents, reports and focus discussions. Two “stakeholder workshop” were held with all key government agencies to validate responsibilities and any future plans there might be for the wetland areas and to understand future planned activities across their catchments

• Main results from the workshop discussion are stated in the discussion and recomandation chapter of this raport. –

• Under socio‐economic assesements as a part of this study,questionnaires PRA’s, meetings and interviews has beenconvened with the local community, representative of civil society groups and other interested partiesto understand their role in wetland managemen.


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• To understand better overall context for the Colombo wetlandsexgisting regulationfrom urban planningperspective, the information was collated from different institutions involved in urban development planning.Relevant existing policies, zoning maps and classification are exposed in thefurter in this report.

3 MAIN RESULTS The institutional mapping identify the main institutions involve, both directly and indirectly, in the management of wetlands within Metropolitan Colombo. This mapping define relationships among the various organisations and make recommendations on the strengths and weaknesses of current institutional frameworks.

The mapping also attempts to identify any current or planned activities or projects which will have potential to impact on the functioning of the wetlands.

The implications of the existing institutional arrangements will be considered within the development of the WMS.

3.1. THE INSTITUTIONAL MAPPING The situation regarding institutions in Sri Lanka has been dynamic and several changes have been made over the duration of the study (2014‐2015):

The Sri Lanka Land Reclamation and Development Corporation (SLLRDC), was part of the Ministry of Defence at the beginning of the study. During the study in January 2015 it came under the new Ministry of Urban Development, Water supply and Drainage.This Ministry has been dissolve in August 2015 and SLLRDC today is under new createdThe Ministry of Megapolis& Western Development.

This dynamic governmental changes are characteristic of governance in Sri Lanka andhave the potential to affect the long‐term viability of the WMS.

National Institutions

1. Thereare a range of national institutions involved in the management and administration of wetlands within the metropolitan area.

Ministry of Megapolis& Western Development (former Ministry of Urban Development, Water Supply and Drainage)

2. The Ministry of Megapolis& Western Development isa newly formed ministry and connects the historical Ministries of Defence Authorities that are responsible for urban development and land management.These include: Urban Development Authority (UDA), The Sri Lanka Land Reclamation and Development Corporation(SLLRDC), Metro Colombo Urban Development Project (MCUDP) and National Physical Planning Department.


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Urban Development Authority 3. The Urban Development Authority (UDA)has the authorization to make land use changes

within the wetland areas of Colombo. Section II of the UDA Law No. 41 of 1978, provides the UDA with the powers and functions for planning and implementing development plans. The Sri Jayawardenapura Development Plan of 2008 (SJK Development Plan, 2008), which has been gazetted, provides the basis from which the UDA derives its powers and functions to implement the plans in the many wetland areas. In many cases the UDA directly owns land and therefore has the direct power to develop these areas.

Sri Lanka Land Reclamation and Development Corporation 4. The Sri Lanka Land Reclamation and Development Corporation (SLLRDC)is responsible for

the improvement, operation and maintenance of canals in the Greater Colombo Area. It was established under the Colombo District (Low Lying Areas) Reclamation & Development Board Act No. 15 of 1968 as amended by Law No. 27 of 1976, Act No. 52 of 1982 and Act. No. 35 of 2006. SLLRDC is the State agency which has the power to grant permission for the public to fill wetlands subject to provision of appropriate storm water drainage designs as prepared by SLLRDC. It is involved in the preparation of Master Drainage Plans for catchments and sub catchments which identify lowlands that can be reclaimed and areas to be retained as detention areas and storm water drainage facilities.

5. Through land ownership, SLLRDC has jurisdiction over several of the wetland areas across the Metro Colombo area. SLLRDC are responsible for the overall management and regularly dredging of canals to maintain drainage. For all wetlands of a low lying nature, within the Metro Colombo area written approval must be obtained from SLLRDC to fill or develop in any manner whatsoever any area of land that comes under a reclamation and development area. The Wetland Management Division (WMD) within SLLRDC has the specific remit to manage wetlands within the Metro Colombo area.

Metro Colombo Urban Development Project 6. The Metro Colombo Urban Development Project (MCUDP) was established in 2011 by the Sri

Lankan government through a support loan from the World Bank for long‐term urban development program. The project seeks to reduce flooding in the Colombo water basin and strengthen the capacity of the four local authorities of Colombo District (ColomboMC,Dehiwala Mount Lavinia MC (DMLMC),Kolonnawa Urban Council (KUC),Sri Jayawardenapura Kotte MC (SJPKMC), KaduwellaMC, Maharagama UC,and KotikawattaPradeshiya Sabha) in order to rehabilitate, improve and maintain priority local infrastructure and services through selected key demonstration projects. The project is centrally managed by the Project Management Unit(under former Ministry of Defence and today Ministry of Megapolis& Western Development.

National Physical Planning Department 7. The mission of the Department is to formulate national physical policies, plans and

strategies and to ensure and monitor the implementation of such national policies and plans through regional and local plans with the object of promoting and regulating integrated planning of economic, social, physical and environmental aspects of land and territorial waters of Sri Lanka.

Ministry of City Planning & Water Supply 8. This Ministry, created in September 2015inheritedNational Water Supply andDrainage Board

(NWS&DB) and Department of National Community Water Supply. Its major resposabilitiy is investigation, planning, designing, construction, operation and maintenance of water supply services, drainage systems and sanitation facilities.This Ministry is responsible for adoption of water quality standards and measures to ensure supplyof clean drinking water for all citizens.


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Ministry of Mahaweli Development and Environment

9. The Ministry of MahaweliDevelopment and Environment is responsible for themanagement of the environment and natural resources of the country. The Ministry has framed key policies for adoption in respect of the management of the environment and natural resources of the country. These policies are implemented with the participation of stakeholders including government agencies, non‐governmental organisation (NGOs) and communities. The following institutions under Ministry are involved in wetland management:

10. Biodiversity Division which provides leadership for the nation in conservation of the country's biodiversity while ensuring the national commitment to sustainable development.

11. The Central Environmental Authority (CEA) is one of its implementation agencies and has the objective of integrating environmental considerations within the development process of the country. CEA was established in August 1981 under the provisions of the National Environmental Act No. 47 of 1980, which was later amended in 1988 and 2000. The objective of establishing the CEA was to make provision for the protection, management and enhancement of the environment, regulation, maintenance and control of the quality of the environment and prevention, abatement and control of pollution.

12. In the 1990s the CEA initiated the Wetland Conservation Project which prepared wetland site reports and management plans for key wetlands across Sri Lanka. In January 1995 a Wetland Site Report &Conservation Management Plan for the Colombo Flood Detention Areas was published by theCEA and EuroConsult (REF).

13. The CEA provides the Secretariat for National Wetland Steering Committee (NWSC), which was established in 1990 as part of the nation’s commitment to implementation of the obligations under the Ramsar Convention, and is appointed by Cabinet to coordinate wetland work across the state agencies

14. The objectives of the NWSC are to bring together all agencies in conservation and development of wetland resources, as well as country wide NGOs, in order to integrate development and conservation activities and to prepare policies and strategies on wetland conservation. The NWSC member institutes include (2014 nominination of agencies and Ministries) :

1. Ministry of Environment;

2. Board of Investment;

3. Ministry of Agriculture;

4. Sri Lanka Land Reclamation and Development Corporation;

5. Ministry of Lands;

6. Urban Development Authority;

7. Ministry of Provincial Councils & Local Government;

8. National Aquatic Resources Agency;

9. Ministry of Defence;

10. North Western Provincial Environmental Authority;

11. Ministry of Industrial Development;

12. Ceylon Tourist Board;

13. Ministry of Fisheries;


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14. Road Development Authority;

15. Central Environment Authority;

16. Natural Resources Energy and Science Authority

17. Department of Wildlife Conservation;

18. National Chamber of Commerce;

19. Coast Conservation Department;

20. National Planning Department;

21. National Physical Planning Department;

22. IUCN;

23. Department of Forest;

24. IWMI.

25. EFL

15. Prepared by the CEA in 2006 the Sri Lankan government published the National Wetland Policy and Strategy. This set out a comprehensive framework for the protection, conservation, restoration and sustainable use of wetlands across the country in order to meet the obligations under the Ramsar Convention.

16. The CEA was a key actor in publishing the National Wetland Directory in 2006, which is a database of wetlands and their status. Within the directory 62 wetlands have been identified. For development to occur, within any of the wetland areas listed within the National Wetland Directory, CEA approval needs to be sought. Among those listed are two wetlands from the Metro Colombo region which have been declared as being of national importance and have been designated as Environmental Protection Areas under the National Environmental Act. These include:

• Bolgoda Wetland; and • Thalangama Tank‐(inside boundary of this study area).

The Department of Wildlife Conservation (DWC) Ministry of Sustainable Development & Wildlife 17. The Department of Wildlife Conservation (DWC) is the principle government institution

responsible for the protection of wildlife resources within Sri Lanka. DWC also bears the legal authority to establish and manage the network of Wildlife Protected Areas (WLPAs) of the country. Following categories of wildlife protected areas have been declared by Department of Wildlife Conservation:

1. Strict Nature Reserve, 2. National Park, 3. Nature Reserve, 4. Jungle Corridor and 5. Sanctuaries

18. On the 22nd June 1990 Sri Lanka became a signatory to the Ramsar Convention on Wetlands, the intergovernmental treaty that provides the framework for national action and international cooperation for the conservation and wise use of wetlands and their resources. The Department of Wildlife Conservation (DWC) acts as the National Ramsar focal point. To date six wetlands have been designated as wetlands of international importance but none of these are within the study area.


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19. A number of wetland areas have been designated as wildlife protected areas within Sri Lanka (Figure 1). Within the Colombo wetland complex the Sri Jayawardenapura Kotte area has been designated as a wildlife sanctuary as a result of the distinctive fauna and flora found within the site. This designation provides it with protection against encroachment, pollution or development.

Figure1.Map showing all the designated wetland conservation areas in Colombo and institutional ownership

The Irrigation Department is a part of Ministry of Irrigation & Water Resources Management 20. The Ministry has power to formulate policies,programmes and projects,monitoring and

evaluation inregard to the subjects ofirrigation and water resourcesmanagement.Main activities of the department are related to drainage and flood controlthrough flood control schemes and provision ofa systematic water supply foragriculture by propermaintenance and construction ofirrigation and drainage systems.They also have the responsibility for flood management planning, hydrological studies and flood prediction

21. Several divisions of this department show ther complex role in the water management: DissasterManagementDivission, IrrigationDivission, Drainage and Flood System, Land Use, Rehabilitation and Dam Safety.

The Drainage and Flood Systems Branch 22. With the establishment of Sri Lanka Land Reclamation & Development Corporation (SRLRDC)

by a parliamentary act in 1968, the drainage division of the Irrigation Department had been closed down. Later in 2002 the drainage division was re‐established as the “The drainage and flood protection branch” by understanding the necessity of a separate division to address issues related to salt water intrusion, drainage and flood issues in irrigation and drainage schemes of the country.


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23. The name has been changed to “The Drainage and Flood Systems Branch” with the implementation of restructuring of the department considering the functions of the branch. The main objective of the Drainage & Flood Systems branch of the Irrigation Department is to minimize the damages to crops (mainly paddy cultivation) by floods, water stagnation and salt water intrusion in some areas of the country and to protect human lives and all kind of public and private properties due to floods, drainage and salt water intrusion.

24. Role of the The Drainage and Flood Systems Branch is to: • Give technical guidance for proper maintenance of existing drainage, flood protection

and salt water extrusion schemes in the country. • Give necessary guidance for control of funds required for such maintenance. • Planning and designing of rehabilitation works of existing drainage, flood protection and

salt water schemes in the country. • Planning and designing of new drainage, flood protection and salt water schemes in the

country. • Planning and designing for proper maintenance of drainage systems of the gravity

irrigation schemes. • Activities related to flood ordinance.

Disaster Management Division

25. Related to flood control and water management, thekey functions of Disaster Management Division of the Irrigation Department are listed bellows:

• Coordination with Disaster management centre and other outside organizations. • Forecasting of disasters related to Irrigation sector and coordinate with other

agencies. • Management of disasters related to Irrigation sector of the Island. • Evaluation of post disaster losses.

26. Regarding study area of Metro Colombo Irrigation Department is in charge ofKelani Ganga

flood control and lock structures that impacts on the hydrological regime of the wetland areas for wich they have detailed cabinet approved "standing‐orders" :

• North Lock on St.Sebastian Canal • Flood gates at Ambatale at the connection of eastern diversion canal to the Kelani

Ganga; • Flood gates in Thalangamma Tank • Regulatory water level gates within paddy field

National DisasterManagement Council ‐ Minister of Disaster Management 27. This Council is responsible for implementing of Sri Lanka Disaster Management Act, No. 13

of 2005 (annex3).Related to wetlands role in flood control following functions are defined by this law:

• Coordination and management ofactivities in relation to mitigation,response, recovery, and relief of naturaland man‐made disasters.

• Formulation of National Disaster Management Plan and National Emergency Operation Plan based on national policies

• Initiation and coordination of foreign aided projects for disaster mitigation, response and recovery

• Liaison with ministries, government institutes and agencies, private institutes, and local and foreign nongovernmental organizations to ensure timely execution of above activities

• to initiate programmes relating to prevention andmitigation of disaster and the provision of relief,rehabilitation and reconstruction


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• Meteorologicalsurveys and research • Forecasting of natural disasters and sensitizing relevant sectors • The enhancement of public awareness and training to help people to protect themselves

from disasters • To ensure that adequate publicity is given to the National Disaster Management Plan and

the National Emergency Operation Plan Agriculture Department (Ministry of Agriculture)

28. Undertake activities related to paddy landsamong them approving permits for filling of non‐active paddy field.Matters relating to the assets ofVegetable Development Board and Fruit Development Boardand otherresources.

29. Recently this Department leaded action of transforming 72 acres of non‐active paddy into active organic paddy land (Kimbulawala‐model farm).The rice plants are cultivated according to the traditional way with organic fertilizer. The farmers’ associations in Madiwela, Thalapathpitiya, Thalawathugoda and Pamunuwa have contributed for its success. Traditional varieties of paddy including Suvandel, RatuHeenati, Pachchaperumal and KuruluThuda are being cultivated in the field.

National Aquaculture Development Authority (Ministry of Fisheries & Aquatic Resources Development)

30. NARA is responsible for development and management of marine, brackish water and freshwater fisheries as well as development of living and non‐living national aquatic resources.

Minister of Health, Nutrition & Indigenous Medicine 31. Adoption of measures for the control, prevention and cure of epidemic disses among them

water‐related diseases. This Ministry also formulates policies andstandards required for public healthservicesand implementation of programmes to improve public health and nutrition. It’s also in charge of conservation and improvement of traditional systems of medicine and all activities related to promotion of medicinal plant cultivation and related projects

Minister of Education

32. Awareness programmefor school children on wetland roles and conservation.

Wetland‐related responsibilities, designated institution and their role in management

33. Agencies that have legal responsibility over Colombo wetlands are SLLRDC and CEA. Agrarian Services Department has a legal responsibility for all paddy‐land in the country. Therefore the areas that are still demarcated as "paddy"within the Colombo wetlands will come under their jurisdiction too.

34. There are many other organizations that do not have any wetlands related legal mandate but whose "activities impact on the wetlands". They include: All local government agencies, UDA, Road Development Authority (RDA) and Board of Investment (BoI).

35.

WETLAND MANAGEMENT STRATEGY ‐ Technical Report 01 ‐ INSTITUTIONS AND POLICY Metro ment of Water Quality in the Inland Waterways and Lakes within

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Colombo Urban Development Project ‐ Consultancy Services for the Preparation of Management Strategy for Wetlands and Carrying out an Assess Metro Colombo Area

Figure2. Table showing wetland‐related responsibilities, designated institution and their role in management

Sector of activities

Institution Wetland related responsibilities/outputs

Environment

CEA

wetland conservation; policy; wetland ownership

Biodiversity Secretary

wetland conservation and promotion of biodiversity

Department of Wildlife managing the network of wildlife protected areas Forest Department

protect and expand forest and woodlands , nurseries, recreation, biodiversity conservation

Coast Conservation and Coastal Resources Department

implementation of strategies, policies, plans and projects for restoration of mangrove ecosystems

Western Provincial Environmental Authority regional wetland management western province area International and local NGO : Centre for Environmental Justice, IUCN, National Scientific Foundation,Environmental Foundation

policy for natural resource management; wetland conservation, biodiversity conservation (fishing cat)

Urban Development And planning

SLLRDC

land development (Filling of land permits); wetland ownership Thalawathugoda Biodiversity Study Park

UDA urban planning, Building permits; recreational projects; wetland biodiversity Beddagana park

National Physical Planning, Department of Land Use Policy Planning; Department of Surveyor General; Institute of Surveying and Mapping

national physical planning and strategies of development; management of state lands and land use planning; land settlement and registration of land titles ; distribution of land in accordance with the law

Institute of Surveying and Mapping Land surveying and mapping, provision of land information and related services

Ministry of Defence Public works; involved in is the city beautification and development project


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Coast Conservation and Coastal Resources Department

conservation of the coastal zone, management of coastal resources, development of the coast

Ministry of Disaster Management (Disaster Management Center (DMC)

promotion of housing construction with technical standards to withstand environmental hasards

Recreational Forest Department, Department of Wildlife, NGO like: Bird and Wildlife Team (Pvt) Ltd, Eco Team, Ceylon bird club, Kayak club

Nature trails, wetland boat ride, bird watching, Beira Lake kayak sport

Local Governance

Local Authorities: Municipal Councils, Urban Councils, Pradesheeya Sabha ,Provinces

building permits; drainage; municipal waste and household pollution; issuing of environmental protection licenses; local social network

Water Management

Irrigation Department flood control, flood management planning, hydrological studies and flood prediction

SLLRDC

main canal drainage projects

Water Resource Board ground water investigation

National Water Supply and Drainage Board (NWS&DB)

supply of clean drinking water; planning, operation and maintenance of water supply services, drainage systems and sanitation facilities ;Development of strategies for the control of water pollution and protection of water quality

Municipal Councils and authorities collection of waste water

IWMI; IUCN Environemental law, advocacy, ecosystem management, water , wetland conservation as a part of water management

Disaster Management

Ministry of Disaster Management (Disaster Management Center (DMC), Department of Meteorology) UDA; University of Moratuwa ‐ ANDROID Disaster Resilience Network

district level preparedness plans ; disaster resilient urban plans (floods); institutional advisory

Ministry of Defence; rescue operations


Agriculture

Department of agriculture IUCN

supporting paddy cultivation; approving non active paddy land for filling permit; institutional advisory

Communication

CEA panels and brochure for schools activities (wetland awareness);publishing of maps and books

Biodiversity Secretary red list inventory; publishing on wetland flora and fauna;

NGO wetlands protection specifics programs Disaster Management Center communication on a government level

IWMI; IUCN awareness programs, publishing, communication materials

Minister of Transport (railways), Minister of University Education & Highways (Road Development Authority)

Transport

wetland land ownership, acquisition of land relating to construction of new roads and railways Introduction of an environmental friendly transport system,

Health Ministry of Health, Local Gouvernement, Water Board, National Water Supply and Drainage Board (NWS&DB)

Improve public health by control, prevention of water‐related diseases, Providing of a clean water

Sanitation Local Gouvernement, Water Board, National Water Supply and Drainage Board (NWS&DB)

Waste water and waste management

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ETLAND MANAGEMENT STRATEGY ‐ Technical Report 01 ‐ INSTITUTIONS AND POLICY Metro Colombo Urban Development Project ‐ Consultancy Services for the Preparation of Management Strategy for Wetlands andCarrying out an Assessment of Water Quality in the Inland Waterways and Lakes within Metro Colombo Area

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Local government and administration

Local authorities have responsibilities for stormwater drainage in their authority area as well as various wastewater responsibilities. In addition, they have planning and building regulatory powers to sign off applications for development or building. 36. Role of Local Government Agencies (LGA) is mainly defined by the Pradesheeya Sabha

Act (1987) and much older Municipal Councils Ordinance. Some powers are delegated to them by the UDA Act and the National Environmental Act (EPL procedure).

37. The study area is within the boundaries of the local gouvernement of Colombo District of the Western Province.The map of Colombo District and its structure (twelve Municipal Councils, Urban Councils and PradeshiyaSabhas) are represented in Fig3.

38. . Laws require local authorities to carry out regulatory and administrative functions, promote public health and provide physical structures.Services provided by local authorities include roads, drains, parks, libraries, housing, waste collection, public conveniences, markets and recreational facilities.

Role of Local government in wetland management

• Issuing of building permits for any type of construction above or below ground (with UDA concurrence in gazzeted urban areas).

• Approving land‐subdivision plans and drainage plans. • Issuing of Environmental Protection Licences to potentially polluting industries under

Catagory B of the EPL regulation. CEA seconds a divisional environmental officer to the LGA from the regional office for a given number of days every week. Public health also comes under LGA purview and they host the Health Department's Public Health Inspectors at the divisional level. They are responsible for all household level pollution issues.

Others institutions and organisations

39. In addition to the local councils and authorities, there are other organisations that play a role in wetland management or developments within the Metropolitan Colombo area. These include:

40. Road Authority department ‐ any project of the roads infrastructure interacting with wetlands have to be approved by CEA .Elaboration of the environemental impact assesement study is part of this process.

41. Ceylon Electricity Board and Sri Lanka Telecom – own infrastructure within wetland areas;

42. Archaeological Department ‐ within some wetland areas of Colombo there are important archaeological remains such as the old city ramparts. These remains are protected under the Antiquities Ordinance, No. 9 0f 1940, Act No. 2 of 1955 and 22 of 1955, Amendment Act No. 24 of 1998. The Archaeological Department which derives its powers from the act must provide approval for any development or management that has the potential to impact on these remains;

43. Ministry of Defence ‐ provides development and management clearances based on the 1 mile radius regulations for Parliament which sits within the wetland areas. New headquarters of Ministry of Defence is under construction as well as VIP acces road.This road is build on the embankments of earthen fil and runs inside ofnorthen boundary of Aruppitiya areawetlands.

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47. Police – play a role in enforcing legislation that protects wetland areas.

44. Sri Lanka Ports Authority – responsible for the port area and maintaining Beira Lake;

45. Coast Conservation Department – has responsibility for conserving the coastal wetland areas;

46. Sri Lankan Navy – responsible for undertaking some of the canal dredging works and operating boating within the wetland areas, and

48. Other state organizations including non‐governmental organisations and universities participate in various aspects in wetland conservation and management

Non‐governmental and Civil Society groups

Figure 3‐ Administrative map of local government areas in study area

49. Community organizations and social work have a long history in Sri Lanka. There is a long tradition of coming together in unity, discussing in a free and equal manner, designing activities aimed at enhancing the common good. This tradition took on a more professional character after the 1960s in line with global trends. In some instances, in addition to community organizations such as voluntary village development societies, funeral‐donation societies and other welfare organizations,

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The contribution of civil society organizations at various regional and sectoral levels to development in the country over the past four decades should not be underestimated. They have had a positive impact on poverty alleviation, microfinance programmes, income generation, livelihooddevelopment, rights, uplifting the status of women and children, conservation, knowledge dissemination and empowerment, and have reached a significant portion of the population through these andother activities. It can be expected that such organizations will continue to be engaged both independent of and with the government in efforts to obtain meaningful and sustainable development.

National Environment Policy 2003

3.2. KEY LAWS, POLICIES AND PLANS

National Wetland Policy and Strategy 2006

50. There are over 10,000 such organizations operating in various spheres including development, conservation, rights, policy, agitation, politics, etc. The multiplicity of actors and multiplicity of roles as well as the various ways in which governments and state agencies view and respond to them have generated a plethora of issues. Although these organizations profess a need to work independently as indicated by the acronym NGO (Non‐Governmental Organization) and indeed seem to be operating as such, the truth is that they are required by law to be registered in one or another state institution and as such are governed by relevant laws and regulations. Many who offered inputs in the development of this document opined that the term CSO (Civil Society Orgnisation) is more appropriate given these realities.

51. There are a number of different policies, regulations and organizational responsibilities related to wetland management in Sri Lanka:

52. Published in 2003, the National Environment Policy aims to promote the sound management of Sri Lanka's environment balancing the needs for social and economic development and environment integrity. It also aims to manage the environment by linking together the activities, interests and perspectives of stakeholders and to assure environmental accountability.

53. Local level Wetland Management Committees are established under the provisions of the National EnviornmentAct, with the assistance of government agencies responsible for wetlands and divisional, district and provincial level committees will be established as appropriate to facilitate these committees.

54. A multi‐stakeholder National Wetland Steering Committee (NWSC) is established for the purpose of advising on wetland issues and a National Wetland Management Units are established by the Ministry in‐charge of the subject of environment to oversee and facilitate policy implementation.

55. Published by the Ministry of Environment in October 2006, this policy is consonant of relevant international conventions, protocols, treaties and agreements to which Sri Lanka is a party, including the Ramsar Convention (1971), the Convention on Conservation of Migratory Species (CMS) of Wild Animals (1979) and the Convention on Biological Diversity (CBD) (1992). The objectives of the policy are :

• to protect and conserve wetland ecosystems;

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Guidelines for Western Province Wetlands Zoning

56. The key directions of the National Wetland Policy and Strategy are:

• to prevent illegal utilization of wetlands; • to restore and maintain the biological diversity and productivity of wetlands; • to enhance ecosystem services from wetland habitats; • to assure sustainable use of wetlands and traditional practices by local communities;

and • to meet national commitments as a signatory to the Ramsar Convention on wetlands.

• Wetland Management; • Wetland zoning and management through an appropriate mechanism; • Privately owned wetlands brought under appropriate management systems; • Restoration of degraded wetlands; • Wetland management to be integrated into land use planning at all levels; • Public participation in the conservation of wetlands; • Institutional Arrangements; • NWSC – Established and functioning; • Provincial, District and Divisional level committees – not yet established; • Village Wetland Management Committees – three established and functioning; • Wetland Management Unit at CEA – established and functioning; and • Existing legislation to be revised as required to bring it into conformity with the overall

policy.

57. The Guidelines for Western Province Wetlands Zoning and relevant regulations for application in urban development plan preparations were prepared in 2006 by the Environment and Landscape Division in consultation with other Division of Urban Development Authorithy (UDA) and other Stakeholders including SLLRDC, CEA, Irrigation department, DWC, Coast Conservation Department, Forest Conservation Department, agrarian Development Department, local authorities in Western Province and NGOs. These guidelines are applied to all urban local authority areas in the Western Province.

58. The Goal of Wetland Zoning in the Western Province is is to facilitate environmentally and economically sustainable use of wetlands whilst considering their intrinsic potential, their ecology and the needs of the surrounding population, while maintaining essential flood storage capacity and other environmental benefits. The guidelines have classified wetlands in the western province as follows;

• Deep freshwater marshes and swamps; • Shallow freshwater marsh including some abandoned clay pits and similar abandoned

mining areas; • Recently abandoned paddy fields; • Paddy fields; • Other wetland agriculture areas such as reed/rush fields, low‐lying grasslands (often

used as grazing grounds) “Keera‐Kola” fields& certain "ovita" areas; • Water bodies (such as estuaries, lagoons, lakes and some abandoned clay pits) and

waterways, including sea‐grass beds; and • Mangrove areas.

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Wetland Protection Zone

Wetland Nature Conservation Zone

Wetland zoning

60. The following permitted uses are defined for each of the zones:

59. A series of workshops, both within the UDA and across agencies, the latter involving the Ministry of Environment, Ministry of Urban Development and all other related Government and NOGs, led to the definition of five basic zones of wetlands and their conditions for development. These zones are : • Wetland Protection Zone. • Wetland Nature Conservation Zone • Wetland Agriculture Zone • Special Paddy Cultivation Zone. • Low‐lying Potential Development Zone

• Nature Parks, which conserve the natural eco‐system. • Field Study/Information Centers on stilts. • Raised boardwalks, decks on stilts, shelters/rest huts on stilts. • Nature trails, hides, observation towers, canopy walkways, carefully located cycle paths,

bridleways and the like • Camping, picnicking, bird watching and the like, while ensuring that the natural habitat

is not disturbed. • Security Posts, Ticket Booths, Site Offices. • In exceptional circumstances only: Dry‐weather, grassed, public playgrounds. • Traditional fishing. • Continuation of existing paddy fields.

• Nature Parks conserving the natural eco‐system • Eco‐friendly restaurants • Field Study/Information Centers • Mini Conference Centers • Raised board walks, decks on stilts, shelters/rest huts • Nature trails, hides, observation towers, canopy walkways, cycle paths, bridleways

Camping, Picnicking, Bird watching • Security posts, Ticket Booths, Site Offices • Outdoor fitness/exercise facilities • Visitor Centers • Wetland museums • Eco‐tourism facilities (i.e. small‐scale, eco‐friendly, tourist development such as cabanas

on stilts) • Wetland Adventure/Theme Parks, conserving/restoringthe natural ecosystem • Other nature based recreation activities • Open grassed areas (as public parks/playgrounds) • Traditional Fishing & fish rearing • Flower collection • Water‐transport if carefully integrated and operated • Dairies and grazing, but no other form of animal husbandry • Wetland forestry • Vitally important public infrastructure projects, under exceptional circumstances • Irrigation/flood protection structures • Wetland agriculture including reed cultivation

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Special Paddy Cultivation Zone

Low‐lying Potential Development Zone

Fauna and Flora Protection Ordinance

Wetland Agriculture Zone • All uses permitted in Wetland Nature Conservation Zone. • Wetland Agriculture (including animal husbandry except piggeries, prawn farms, and

poultry forms having a stock exceeding 200 birds) • Fisheries • Arboriculture, agro‐forestry, fuel‐wood forestry and conservation forestry including

natural forest communities • Sales outlets for the produce of the plot/project • Non‐polluting agricultural processing centers • Mining in accordance with (GS & MB) and CEA guidelines, conditions and regulations,

including site rehabilitation and recreation (which should be for agriculture/fisheries/forestry only)

• Public Parks and Playgrounds • Important Public infrastructure projects

• Paddy cultivation. • Agro forestry and traditional fishing, only if compatible with the main use for paddy

cultivation (therefore restricted to strips/patches not needed for paddy cultivation).

• All uses permitted in Wetland Nature Conservation Zone and Wetland Agriculture Zone • Tourism, Sports and Recreation • Residential, Commercial, Administrative and Institutional • Industrial other than medium and high polluting industries • Mining, in accordance with GS & MB and CEA guidelines, conditions and regulations,

including those dealing with site rehabilitation • Public Infrastructure Projects

61. The Fauna and Flora Protection Ordinance Chapter 469 issued 1993 and its Amendment Act N° 22 issued 2009 by Minister of State regulate areas declared as a Sanctuary (The Department of Wildlife) and part of declared Wildlife Protected Areas. Specifically for developments within a sanctuary, the Fauna and Flora Protection Ordinance states under Section 9A of the Amendment Act, that no person or organisation, whether private or State shall within a distance of onemile of the boundary of any National Reserve declared by Order made under section 2, carry out any developmentactivity of any description whatsoever, without obtaining the prior written approval of the Director. For this approval to be granted, an Initial Environment Examination or Environmental Impact Assessment has to be conducted for any development activity that is proposed.

62. Sri Lanka Land Reclamation and Development Corporation Act(No. 15 of 1968) and (Amendment) Act (No. 52 of 1982) ‐ Sect 3(APPENDICES 2).

63. It is the act through which SLLRDC was first established in 1968. It was amended in 1976, 1982, and 2006. Within this Act SLLRDC has a legal power to reclaim and develop area socalled “low‐laying, marshy, waste or swampy area” and render it suitable for building purposes.

64. By Order of the Minister and on his satisfaction any area of land situated within the jurisdiction of any local authority specified in the First Schedule to this Act is a low‐lying, marshy, waste or swampy area, he shall after consultation with the Minister of Local

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The National Physical Planning Policy (NPPP)

Flood ordinance

Land Filling Approval Procedure (approximately three month)

69. The National Physical Planning Council (NPPC) is headed by the head of state, His Excellency the President. Under him, is a Committee consisting of 18 Ministers, as identified in the Act, established to ensure that important issues related to development and implementation brought before the council are resolved. The purpose of the NPPC is to integrate and develop activities at the highest levels, to ensure that there is no overlap in development activities taking place in the country.

65. An applicant has to get the application form from SLLRDC by post or from the Corporation Website or theCommissioner General of Department of Agrarian Development for development of paddy lands. A copy of the deeds, extracts of the land (obtained within one month) and Survey Plan has to be submitted with a non‐refundable processing fee (Rs. 5,000/= plus VAT+NBT). The client has to submit an approval from to the Urban Development Authority, Central Environmental Authority & Local Authority and Irrigation Department, Road Development Authority etc. (where necessary).

71. The Technical Advisory Committeeincludes representatives from the professional institutions in the country — such as the Institute of Engineers, Sri Lanka (IESL), Sri Lanka Instituteof Architects (SLIA), Institute of Surveyors, Institute of Town Planners Sri Lanka

68. The NPPD has provided physical planning guidelines for utilization of land in the country and its targeted socio‐economic development through the provision of an infrastructure network and services in a sustainable manner, by rationalizing the use of land for each activity without disturbing the ecological landscape of the country. This Policy has also been formulated for the protection of environmentally highly sensitive areas. The NPPP was prepared under the guidance of following three important committees established under the new Act, the Town and Country Planning [Amendment] Act. No. 2000

67. The National Physical Planning Policy (NPPP) has been formulated by the National Physical Planning Department (NPPD) to direct the physical development of the country up to theyear 2030.

66. The case is processed by internal Divisions of the SLLRDC Land and then inspected by an engineer from SLLRDC & Officers from UDA and CEA. Therelevant Engineer inspects the site and produces a report with a recommendation that is submitted to the Planning Committee who take the final decision. After getting approval from the Planning Committee client has to pay the balance amount of service charges. According to engineering hydrology SLLRDC is preparing drainage design / drainage conditions and issuing condition letter /drainage design to Department of Agrarian Development, if case of paddy land or directly to the owner of the land.

70. The Inter‐Ministerial Co‐coordinating Committee (IMCC) consisting of Secretaries of each Ministry and Chief secretaries of the nine Provincial Councils. This committee coordinated with those actually involved in the implementation of any plans and projects approved by the NPPC, to prevent overlap or conflicts.

Government and the local authority or authorities within which such area of land is situated, by Order published in the Gazette, declare such area to be a Reclamation and Development Area for the purposes of this Act.

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NEW ACT AND DEFINITION OF URBAN WETLANDS

(ITPSL)and Institute of Valuers. The Plan, prepared by the NPPD, was deliberated by this AdvisoryCommittee in order to upgrade and develop it to a professional acceptability.

72. Regarding the role in Wetland management The National Physical Planning Policy (NPPP) is expected to:

• Promote integrated spatial development • Implement environmentally friendly sustainable development across the country • Incorporate potential internal development opportunities • Conserve valuable, environmentally‐sensitive areas • Mitigate natural disasters by limiting development in areas prone to natural disasters • Evolve compact cities with modern urban facilities and utilities • Provide proper linkages among land use, transport and economic activities • Protect forest reserves, wildlife sanctuaries and archaeological reserves

4 DISCUSSION AND EVALUATION As a result of the review of institutions and policies and two thestakeholders workshop we can make following conclusions:

IDENTIFYING WETLANDS IN COLOMBO

75. Colombo wetlands are governed and own by a mix of national and local policies which creates the overlapping of jurisdictions. Furthermore there are no specific wetland regulatory guidelines on the level of the Metro Colombo area. The “Guidelines for Western Province Wetlands Zoning and relevant regulations for application in urban development plan” reflect very general guidelines and regulation. Land use map for each municipality follows this regulation but there is no overall plan and maps of wetlands zoning on the regional scale.Guidelines should be updated in a form of Masterplan for Metro Colombo Wetlands Zoning.

76. Specific situation of Colombo Wetlands anurbanwetlands requires an Act to protect them. The Wetland Management Strategy should provide clear outputs in this direction.

73. All wetlands need to be gazetted. For that survey with elevation has to be done. Private land and the small wetlands outside of protected areas need to be also under the gazetted regime.

74. In addition to gazetting the wetlands in Colombo, a legal definition for wetlands have to be adopted. A remote sensing based mapping project should be launched to map these wetlands in the least in Western Province. Such maps can provide a guideline for demarcation, gazzeting or declaration of EPA’s in the future.

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ROLE OF CIVIL SOCIETY

IMPLICATION FOR REGULATION, POLICIES AND PLANNING

77. In that manner Colombo wetlands identified as urban wetlands should beintegretad in National Physical Planning Policy Act.

78. Sri Lanka Land Reclamation and Development Corporation Act (APPENDICES 2) under wichSLLRDCis responsible for declairing Low‐lying Areas in Colombo should be revisited and replaced with the new act.Definition of wetlands as low‐lying areas is not appropriate any more.

79. As a part of hydrologic network of a cachment, Colombo wetlands play an important role in flood mitigation. Declared area to be a flood area, shall be all integrated in overall planning of a city. The scheme for the efficient protection of such area against floods should be a core document for the future development zoning plans. Some A statement of the estimated cost of the necessary work to adapt these areas for flood protection.

80. In response to the floods new floodplain recommendations for instance “Measures to support floodplain management in future planning schemes” should be implemented; Land use should be divided into three categories reflecting different risk levels: generally intolerable, tolerable and broadly acceptable. The flood risk within the categories shall be treated through a combination of land use planning and any of the following measures: structural or natural mitigation, building controls, emergency management procedures, insurance and community awareness/education programmes.

81. To deliver the WMS will require :

• The adoption of a new Wetland Management Strategy Act; or • Implementation under existing laws, acts, policies and planning/zonation.

82. A new wetlands act can be effective at national level, to give a broader legal definition to wetlands and layout the principles of wetland management in the country. This can very broadly outline the level of protection and management objectives for different types of wetlands, identifying urban wetlands as a special category.

84. There is also a lack of community participation in wetland management. Apart from the case of Thalangama tank and limited involvement of schools in the Thalawathugoda wetland park, there's no real community consultation in Colombo's wetland management. Community participation is laid down as a basic principle in the National Environmental Acti (1980) and the National Wetlands Policy (2005). There had been some attempts by CEA to establish village wetland committee, which is a commendable initiative towards community participation. However given, importance of urban wetlands for the sustainability

83. Community consultation policy level decision‐making has been historically poor regarding any aspect (identification, demarcation, management priorities) of wetlands management. This fact has been highlighted in scholarly studies on Colombo's wetland governance (Hettiarachchi et al 2015) and number of court cases on wetlands related disputes between government agencies and the public ( e.g. S.C. (F/R) No 352/2007). Agencies such as SLLRDC, CEA, and UDA has adopted community consultation as a principle, however, there are no clear mechanisms for this at the policy level, delineated by any Act or agency protocol that concerns wetlands of Colombo.

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of Colombo's urban life, for more widespread and significant public involvement is essentially required for proper and equitable management of these ecosystems.

85. None of these institutions identify the communities' "right for ecosystem services". Supreme Court (SC) judgement on the matter of "Asia Pacific Golf Course" in 2008 (S.C. (F/R) No 352/2007) , argues the these wetlands (or any ecosystem for that matter) are entrusted to a government agency (e.g. SLLRDC or UDA) on the principle of "public trust"; where these agencies are custodians of these wetlands (not the owners) and are suppose to use the "public power" for " the larger benefit of the People, the long term sustainable development of the country" (page 41). In other words their duty is to protect the people’s right for ecosystem services. No attempts have been made so far by any agency to seriously incorporate the concept of "right for ecosystem services" into their mandate.

86. Sri Lanka as with other developing countries lacks "horizontal policy integration". There is no mechanism to integrate or coordinate the mandates of SLLRDC, CEA and UDA with regard to wetlands. Without this any superficial attempt to establish a common wetlands authority will fail.ROLE OF CIVIL SOCIETY in urban wetlands management in Colombo

TODAY’S MANAGEMENT OF COLOMBO WETLANDS

87. Institutional cooperation is a key in improving wetland management. The fact that the responsibility for wetland management of Metro Colombo is divided among numerous institutions creates a gap and overlap of the mandates.

91. There is a great divide between the national agencies and LGAs on sectors like conservation and bio‐diversity management. LGAs have no say in this sector and they don't take those issues as important. As a result national agencies as DWLC, bio‐diversity secretariat have no outreach at the local level.

88. SLLRDC is managing wetlands today, mostly maintenancing. SLLRDC is also regulatory and permitting authority for filling of “low‐laying land”.Name of SLLRDC till today is related to filling of the land.

90. National level conservation agencies have no say in floods. In Sri Lanka it entirely comes under the purview of Irrigation Department and SLLRDC. In this regard LGAs have some role because they are responsible for land sub‐division, drainage plans and building permits

89. As local nodes of power LGAs are very significant in managing wetlands, and most illegal wetland fillings are actually carried‐out by LGA councilors using these powers. When analyzing LGA institutionally, it's important to mention their link with the local informal institutions, such as religious institutions, underground networks, caste or ethnicity based circles. If properly planned, links of LGA members with these localized informal institutions could be a way to tap into valuable social capital much needed in urban wetlands management.


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5 MAIN CONCLUSION AND RECOMMENDATIONS

92. All of these discussions can be taken forward into the key recommendations from the Wetland Management Strategy.

• Colombo wetlands need to be demarcate, declare and gazetted with proper survey project and a remote sensing based mapping

The adoption of a new Wetland Management Strategy Act • A legal definition for wetlands has to be adopted • Creation of a new wetlands act at national level identifying urban wetlands as a special

category. • Amendments of existing acts should integrate definition of urban wetlands:

Environmental Acts, Forest Ordinance, Wildlife Flora and Fauna Ordinance; Guidelines for Wetland Zoning (UDA), Flood Ordinance Act, Sri Lanka Land Reclamation and Development Corporation Act, National Physical Planning Policy Act.

• Flood Ordinance Act (Ministry of Disaster Management) to integrate wetland regulation.

• All this Act should be linked together (land, soil, water, air, wildlife conservation and economic development policies) in order to secure the wise use of the wetlands

On a planning process

• National Physical Planning Policy should integrate wetlands in spatial development and act it as potential development opportunities (tourisme, health, traditional medicine) and should limithousing development in wetland areas

• This policy should be stricktly be apply in urban development on national by especially on local level

• Wetland regulation document–guidelines should be part of integrated urban planning. • Environmental impact studies should have wetlands specific approach and not general

as it is today

On a implementation of WMS • Implementation of the strategy for Colombo Wetlands should be under regime of new

integrated Wetland Management Committee comprising existing institutions. • This would involve capacity building on governance. • SLLRDC and WMD withinshould increase their staff range from hydrologist, water

quality expert, and ecologist to GIS expert, urban planner, landscape architect. • Creating community societies for wetland protection and promotion: It is vital to

involve local people in wetland planning, management and decision‐making processes, and to give them clear rights to use wetlands.In this manner recognition of village‐level organizations such Village Wetland Committeesis important and they should be partners in national and local development initiatives.


WMS and LGA and community society • It is vital to involve local people in wetland planning, management and decision‐making

processes, and to give them clear rights to use wetlands.In this manner creating community societies for wetland protection and promotion.

• In this mannerrecognitionof village‐level organizations such Village Wetland Committeesis important and they should be partners in national and local development initiatives.

• Role of local governance is relevant and importanton a wetland proximity scale therefor should be more integrate in a wetland management and for that supported by gouvernement. In developed countries this connection is there and LGAs receive national funding for conservation programs.

• Existing link between Village Wetland Committeeswith LGA representationshould be reinforced and extend, on a long term at the conservation sector.

Stakeholder involvement • It is essential to involve all stakeholders in all stages of developing and implementing

WMS. Those are ones that areidentified through this repor: government departments, NGOs, local governments and local wetland communities, but also interested members of the public, academic institutions, key user groups like a fishermans and many others identified in our socio‐economic assessment report. Private stakeholders should be integrated in WMS

• Achieve political commitment around the vision

Ona future management of Colombo wetlands 93. Colombo is a developing city and its territory is expanding. New roads system and

forthcoming public transportation will connect this territory and reinforce its identity as administrative territory. Governance of the whole cachments area then should governunder one regime. There is several possibilities for creation of such governance body:

• The creation of a Metro Colombo Wetland Management Authority; or • Metro Colombo Wetland Parks Authority • The creation of integrated Metro Colombo Wetland Management Committee

comprising existing institutions.

94. Objective and role of this new Authority would be: wetland park management in Metro Colombo

95. Wetland Management Division under SLLRDC could morph into this as well as other existing institution.

96. As a step forward constitution of such new authority should be established a set of common management principles that all agencies involved should follow. They should also reinforce their cooperation and corrdianation of management priciples, laws, regulations, and procedures.

97. The key is an integrated, adaptable approach of governance of Colombo wetlands: one that considers not just the current uses of a wetland, but how these are likely to change over time. Such an approach will be more adaptable over time and, as such, more likely to successfully preserve the wetland for wise use in the future.

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Potential financing mechanisms

A range of financing mechanisms could be developed to support wetland management. Following are some of the mechanisms that could be considered for development:

• Development of a system of payments for ecosystem services (PES) where a beneficiary pays a wetland manager for the benefit they receive. For instance, working with businesses which benefit from overlooking wetlands areas.

• Securing finances through endowments from development projects, where compensation for any wetland loss or degradation funds wetland restoration and enhancement activities.

• Implementing a more robust polluter pays principled approach where individuals or organisations are fined for contributing to wetland degradation.

• Developing public ‐ private partnerships: Some of leading private companies like Dilmach (tea industry), Hayles (multy sector) or Holcim has already develop environemental programs and sponsorship on the larger scale in the country: mangroove preservation, biodiversity conservation projects, sustainable water and waste management programs. Likewise preservation of Colombo Wetlands could be part of their target projects.

• Developing a programme of sponsorship for hides, boats, signage etc.

• Charging for permits to enter certain wetland areas.

• Charging for activities, such as guided walks or night safaris or boat trips.

• Development of training courses relating to wetland activities, such as the benefits of wetland medicinal plants, sustainable rice production, wetland management, etc.

• If feasible without compromising the ecological character of the site, the development of more substantial visitor facilities around Merto Colombo Area.

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ACTIONS (Ramsar‐related recommendations)

ACTION TO IMPROVE INSTITUTIONAL AND ORGANISATIONAL ARRANGEMENTS • Identify how wetland conservation can be achieved • Integrate this into planning processes • Establish mechanisms and procedures for incorporating integrated, multidisciplinary

aproaches • Requires a coordinated, multidisciplinary approach

ACTIONS TO ADDRESS LEGISLATION AND GOVERNMENT POLICIES • Review of existing legislation which affects wetland conservation • Application of existing legislation for wetland conservation • Adoption of new legislation / policies • Use of development funds for projects which address sustainable use and conservation

of wetlands

ACTIONS TO INCREASE KNOWLEDGE AND AWARNEES OF WETLANDS AND THEIR VALUES • Interchange of experience and information on wetland policy, conservation and wise

use between countries • Increasing awareness of decision makers and the public of the benefits of functions and

values • Elaboration of projects which demonstrate wise use • Training of staff in disciplines which assist in implementation of wise use

ACTION TO REVIEW THE STATUS OF AND INDENTIFY PRIORITIES FOR ALL WETLANDS IN METRO COLOMBO AREA

• Execution of inventory of wetlands, including their classification • Identification of the benefits (functions and values) of each site • Definition of the conservation and management priorities of each site

ACTION TO ADDRESS PROBLEMS AT PARTICULAR WETLAND SITES • Integration of environmental considerations in planning of projects • Regulated utilisation of wetlands • Establishment, implementation and as necessary revsiion of management plans

(including local people) • Designation of sites for the Ramsar list of wetlands • Establishment of nature reserves at wetlands • Consideration of restoration of degraded wetlands

Implementation strategies • Create common wetland conservation objectives • Improve coordination & communication (govt. & NGOs) • Recognise and encourage the role and efforts of local community and NGOs • Coordinate and rationalise government programmes • Ensure proper maintenance & management of protected wetlands • Close gaps in knowledge • Improve public awareness • Ensure delivery of internationalcommitments.

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6 REFERENCES ‐ IUCN and Central Environment Authority (2006) National Wetland Directory of Sri Lanka. Colombo, Sri Lanka

‐ Central Environment Authority (2013) Wetlands Sri Lanka, inaugural issue. Colombo, Sri Lanka

‐ Central Environment Authority /EUROCUNSULT (1995) Wetlands sites report: Colombo flood detention area, Colombo, Sri Lanka

‐ Central Environment Authority /EUROCUNSULT/ARCADIS (2003) Institutional networking – national wetland steering committee,Colombo, Sri Lanka

‐ http://www.commonlii.org/cgi‐bin/disp.pl/lk/legis/num_act/_Sri Lanka Consolidated Acts

‐ Hettiarachchi M., Morrison T.H. and McAlpine C. 2015. Forty three years of Ramsar and urban wetlands. Global Environmental Change. 32: 57‐66.

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7 APPENDIX 1 EXCERPT FROM THE PART I : SEC. (I) ‐ GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA ‐ 21.09.2015

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(2) Minister of Mahaweli Development & Environment

Column I Duties & Functions

Column II Departments, Statutory Institutions & Public Corporations

Column III Laws to be Implemented

1. Formulation of policies, programmes and projects, monitoring and evaluation in regard to subjects of Mahaweli development and environment and

Mahaweli Authority of Sri Lanka (except MahaweliLivestock Enterprise Company Ltd.)

Mahaweli Authority of Sri Lanka Act, No. 23 of 1979

those subjects that come under the purview of Departments, Statutory Institutions and Public Corporationslisted in Column II

Forest Ordinance (Chap 453), No. 16of 1907 Mines and Minerals Act, No. 33 of1992 National Environmental Act, No. 47of 1980 National Heritage Wilderness AreasAct, No. 3 of 1988 National Gem &JewelleryAuthorityAct, No. 50 of 1993 Marine Pollution Prevention Act, No. 35 of 2008 Coast Conservation Act, No. 51 of1981 All other legislations pertaining to the subjects specified in Column I and II, and not specifically brought under the purview of any otherMinister.

2. Implementation of Mahaweli Moragahakanda and Kalu Ganga Reservoir Project

development programmes

Dam Safety & Water Resources 3. Activities under the purview of the Mahaweli

Authority Act and activities related to agencies established under the Act Planning Project

4. Adoption of necessary measures for the development of national andinternational cooperation in relation to protection of environment for thepresent and future generations

Mahaweli Consolidation Project (System B Rehabilitation) Udawalawe Left Bank Project Uma Oya Development Project

5. Contribute towards sustainable Development

Central Environmental Authority 6. Formulation of policies and plans in respect of

environmental conservation and management 7. Forests and Forestry matters Department of Forests8. Protection and conservation of forests, fauna and flora Department of Forests

Geological Survey and Mines Bureau

9. Promotion of commercial forestry aimed at meeting the country’s timber requirement

State Timber Corporation Lanka Timber Plant andIndustries

10. Formulation and effective implementation of programmes to combat environmental pollution

11. Prevention of marine pollution Marine Environment Protection Authority Department of Coast Conservation

12. Coast conservation and protection

National Gem and Jewellery Authority 13. Regulation and promotion of the Gem and

Jewellery industry and trade Gem and Jewellery Research Institute

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14. Matters relating to all other subjects assigned to Institutions listed in Column II

Central Engineering Consultancy Bureau and its subsidiary companies and associates

15. Supervision of the Institutions listed in Column II

6) Minister of Sustainable Development & Wildlife




1. Formulation of policies, programmes and projects, monitoring and evaluation in regard to the subjects of sustainable development and wildlife, and those subjects that come under the purview of Departments,Statutory Institutions and PublicCorporations listed in Column II

1. Department of National Zoological Gardens

2. Department of National Botanical Gardens

3. Department of Wildlife Conservation

4. Wildlife Trust

National Zoological Gardens Act, No. 41 of 1982

Botanical Gardens Ordinance, No. 31 of 1928

Fauna and Flora Protection Ordinance, No. 2 of 1937

All other legislations pertaining to the subjects specified in Column Iand II, and not specifically brought under the purview of any other Minister.

2. Formulation of laws and strategies to create sustainable development in an economy with minimum environmental changes and carbon dependency 3. Formulation of sustainability standards and ecological footprint indicators 4. Establishment of a secretariat for sustainable development

5. Conservation of Sri Lanka’s flora,maintenance of botanical gardens andimprovement of floriculture industry

6. Matters relating to collection andexhibition of various animals, such asquadruples, birds and reptiles

7. Conservation of wildlife resources

8. Initiate measures to lay emphasis onconservation of eco systems whenpromoting tourism industry in wildlife protected areas 9. Matters relating to all other subjectsassigned to Institutions listed inColumn II 10. Supervision of Institutions

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referred in Column II

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(12) Minister of City Planning & Water Supply




1. Formulation of policies, programmes and projects, monitoring and evaluation in regard to the subjects of city planning and water supply and those subjects that come under the purview of Departments, Statutory Institutions and Public Corporations listed in Column II 2. Special city planning and development 3. Direct and regulate all construction work on the basis of national physical plans in urban development activities 4. Adoption of measures to ensure supply of clean drinking water for all citizens 5. Investigation, planning, designing, construction, operation and maintenance of water supply services, drainage systems and sanitation facilities 6. Adoption of necessary measures for the efficient and systematic execution of community water supply and sanitation projects 7. Matters relating to all other subjects assigned to Institutions listed in Column II 8. Supervision of the Institutions listedin Column II

1. National Water Supply and Drainage Board (NWS&DB) 2. Department of National Community Water SupplyConservation 3. Wildlife Trust

National Water Supply and Drainage Board Law, No. 2 of 1974 All other legislations pertaining to the subjects specified in Column I and II, and not specifically brought under the purview of any other Minister

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(13) Minister of Disaster Management




1. Formulation of policies, programmesand projects, monitoring and evaluationin regard to the subject of disastermanagement, and those subjects thatcome under the purview ofDepartments, Statutory Institutions and Public Corporations listed in Column II 2. Coordination and management ofactivities in relation to mitigation,response, recovery, and relief in naturaland man-made disasters 3. Formulation of National Disaster Management Plan and National Emergency Operation Plan based onnational policies 4. Initiation and coordination of foreignaided projects for disaster mitigation,response and recovery 5. Liaison with ministries, governmentinstitutes and agencies, privateinstitutes, and local and foreign nongovernmental organizations to ensuretimely execution of above activities 6. Promotion of housing constructionwith technical standards to withstandenvironmental hazards 7. Encourage research and developmentinto appropriate technology forhousing and construction sectors 8. Meteorological surveys and research 9. Forecasting of natural disasters andsensitizing relevant sectors regardingthem 10. Coordination of awareness programmes on natural disasters andman-made disasters 11. Implementation of measures for rescueoperations during natural andman-made disasters 12. Coordination of international humanitarian relief service programmes 13. Matters relating to all other subjectsassigned to Institutions listed in Column II 14. Supervision of the Institutions listed in Column II

1. National Disaster Management Council 2. Disaster Management Centre 3. National Disaster Relief Services Centre 4. Department of Meteorology 5. National Building Research Organization

Sri Lanka Disaster Management Act, No. 13 of 2005 All other legislations pertaining tothe subjects specified in Column Iand II, and not specifically brought under the purview of any other Minister.

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(22) Minister of Megapolis & Western Development




1. Formulation of policies, programmesand projects, monitoring and evaluationin regard to the subjects of megapolisand Western development, and those subjects that come under the purviewof Departments, Statutory Institutionsand Public Corporations listed in Column II 2. Kottawa, Kaduwela and KadawathaTownship Development Project andrelated activities 3. Integrated and systematic promotionand regulation of economic, social andphysical development of urban areas 4. Urban solid waste management 5. Matters relating to reclamation and development of low lying areas 6. Provide necessary guidance to developurban areas with low level of servicesand facilities and marshy landaccording to a common plan 7. Preparation of National Physical Plansand Regional Physical Plans 8. Direct and regulate all constructionwork on the basis of national physicalplans in integrated urban development 9. Matters relating to all other subjectsassigned to Institutions listed inColumn II 10. Supervision of the Institutions listed in Column II

1. Urban Development Authority 2. Sri Lanka Land Reclamationand Development Corporation 3. National Physical Planning Departmen

Urban Development Authority Act, No. 41 of 1978 Urban Development Projects (Special Provisions) Act, No. 2 of1980 Sri Lanka Land Reclamation and Development Corporation Act, No. 15 of 1961 Colombo District (Low Lying Areas) Reclamation and Development Board Act, No. 15 of 1968 Town and Country Planning Ordinance, No. 13 of 1946 All other legislations pertaining to the subjects specified in Column I and II, and not specifically brought under the preview of any otherMinister.

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(35) Minister of Lands




1. Formulation of policies, programmes and projects, monitoring and evaluation in regard to the subjects of lands, and those subjects that come under the purview ofDepartments, StatutoryInstitutions and Public Corporations listed inColumn II 2. Administration and management of state lands and land use planning 3. Matters relating to land settlement and registration of land titles 4. Provide, without delay and in due manner, land required for the country’s development 5. Administration of lands vested in the Land Reform Commission and distribution of land in accordance with the law 6. Land surveying and mapping, provision of land information and related services 7. Matters relating to all other subjects assigned to Institutions listed in Column II 8. Supervision of the Institutions listed in Column II

1. Department of Land Commissioner General 2. Land Reform Commission 3. Department of Land Settlement 4. Department of Surveyor General 5. Institute of Surveying and Mapping 6. Land Survey Council 7. Department of Land Use Policy Planning 8. KantalaiSugarCompany

Land Acquisition Act, No. 9 of 1950 Land Development Ordinance, No. 19 of 1935 Land Redemption Ordinance, No. 61 of 1942 Land Settlement Ordinance, No. 20 of 1931 State Land Grants (Special Provisions) Act, No.43 of 1979 State Land Ordinance, No. 8 of 1947 Land Reforms Commission Act, No. 1 of 1972 State Lands (Recovery of Possession) Act, No. 7 of 1979 Survey Act, No. 17 of 2002 All other legislations pertaining to the subjects specified in Column I and II, and not specifically brought under the purview of any other Minister.

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8 APPENDIX 2‐SRI LANKA LAND RECLAMATION AND DEVELOPMENT CORPORATION ACT

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Documents

Government of Sri Lanka - Homepage | Ramsar...The Sri Lanka Land Reclamation and Development Corporation (SLLRDC), was part of the Ministry of Defence at the beginning of the study