Page 21 - 44 SAYURUSARA
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Sayurusara 2021 December 19
both criminal and civil liabilities for offenders, a. Maritime Zones Act No. 22 of 1976
there are some serious loopholes. This includes
failure to address land- based pollution sources, b. Fisheries and Aquatic Resources Act
unclear provisions for ballast water disposal and No. 2 of 1996
no consideration for pollution from other offshore c. Coast Conservation Act. No. 57 of
projects, etc. Following are the provisions 1981
available within domestic and international legal d. Fauna and Flora Protection Ordinance
framework to deal with natural and man-made
maritime disasters within Sri Lankan jurisdiction. e. Forest Ordinance (Amendment) Act
No. 65 of 2009
International legal framework f. National Environment Act No. 47
of 1980
a. International Convention for the Prevention g. Marine Environment Protection Act
of Pollution from Ships, 1973, as modified by No. 35 of 2008
the Protocol of 1978 relating thereto (MARPOL h. The Merchant Shipping Act No.52
73/78). The MARPOL Convention is the main of 1971
international convention covering prevention j. Urban Development Authority law
of pollution of the marine environment by ships No. 37nof 1978
from operational or accidental causes. It is a k. The Department of Coast Guard Act
combination of two treaties adopted in 1973 and No.41 of 2009
1978 respectively and updated by amendments l. Sri Lanka National Plan of Action –
through the years. The Convention includes Sharks 2018-2022
regulations aimed at preventing and minimizing
pollution from ships – both accidental pollution m. Department of Sri Lanka Coast
and that from routine operations - and currently
includes six technical Annexes. Special Areas Guard Act No. 49 of 2009
with strict controls on operational discharges are
included in most Annexes. Conclusions
b. UN Convention on Biological Diversity A fire erupted on the Singapore-registered
of 1992 sets the context for managing wildlife MV X-Press Pearl on May 20, carrying 1,486
resources. containers, including 25 tonnes of nitric acid
along with other chemicals and cosmetics. It sank
c. UN sustainable Development goals 14; on June 2 even as salvage crew tried to tow the
conserve and sustainably use the oceans, seas and vessel away from the coast. The fire and sinking
marine resources for sustainable development has set off the worst environmental disaster in Sri
guides the strategies of this theme. Lankan history. The insurers of the X-Press Pearl
have made an initial payment of $3.6 million to
d. UN Fish Stocks Agreement 2001 the Sri Lankan government to help compensate
for the ship’s fire and sinking. However
e. FAO Compliance Agreement 2003 discussions are ongoing related to the payment of
further claims and all legitimate claims will be
f. Port State Measures Agreement 2016 considered, while also providing an update
on the environmental response.
Domestic legal framework
It is revealed that Marine Pollution
Under mention domestic legal instruments Prevention Act No. 35 of 2008 requires
provide some degree of protection and authority significant amendments considering the
for the prevention and mitigation of marine international conventions pertaining to marine
pollution occurring from manmade maritime pollution control, both ratified and un-ratified
disasters similar to X-press pearl. by Sri Lanka. The success of amending the
Act must also be monitored by MEPA with
other government agencies implementing the
both criminal and civil liabilities for offenders, a. Maritime Zones Act No. 22 of 1976
there are some serious loopholes. This includes
failure to address land- based pollution sources, b. Fisheries and Aquatic Resources Act
unclear provisions for ballast water disposal and No. 2 of 1996
no consideration for pollution from other offshore c. Coast Conservation Act. No. 57 of
projects, etc. Following are the provisions 1981
available within domestic and international legal d. Fauna and Flora Protection Ordinance
framework to deal with natural and man-made
maritime disasters within Sri Lankan jurisdiction. e. Forest Ordinance (Amendment) Act
No. 65 of 2009
International legal framework f. National Environment Act No. 47
of 1980
a. International Convention for the Prevention g. Marine Environment Protection Act
of Pollution from Ships, 1973, as modified by No. 35 of 2008
the Protocol of 1978 relating thereto (MARPOL h. The Merchant Shipping Act No.52
73/78). The MARPOL Convention is the main of 1971
international convention covering prevention j. Urban Development Authority law
of pollution of the marine environment by ships No. 37nof 1978
from operational or accidental causes. It is a k. The Department of Coast Guard Act
combination of two treaties adopted in 1973 and No.41 of 2009
1978 respectively and updated by amendments l. Sri Lanka National Plan of Action –
through the years. The Convention includes Sharks 2018-2022
regulations aimed at preventing and minimizing
pollution from ships – both accidental pollution m. Department of Sri Lanka Coast
and that from routine operations - and currently
includes six technical Annexes. Special Areas Guard Act No. 49 of 2009
with strict controls on operational discharges are
included in most Annexes. Conclusions
b. UN Convention on Biological Diversity A fire erupted on the Singapore-registered
of 1992 sets the context for managing wildlife MV X-Press Pearl on May 20, carrying 1,486
resources. containers, including 25 tonnes of nitric acid
along with other chemicals and cosmetics. It sank
c. UN sustainable Development goals 14; on June 2 even as salvage crew tried to tow the
conserve and sustainably use the oceans, seas and vessel away from the coast. The fire and sinking
marine resources for sustainable development has set off the worst environmental disaster in Sri
guides the strategies of this theme. Lankan history. The insurers of the X-Press Pearl
have made an initial payment of $3.6 million to
d. UN Fish Stocks Agreement 2001 the Sri Lankan government to help compensate
for the ship’s fire and sinking. However
e. FAO Compliance Agreement 2003 discussions are ongoing related to the payment of
further claims and all legitimate claims will be
f. Port State Measures Agreement 2016 considered, while also providing an update
on the environmental response.
Domestic legal framework
It is revealed that Marine Pollution
Under mention domestic legal instruments Prevention Act No. 35 of 2008 requires
provide some degree of protection and authority significant amendments considering the
for the prevention and mitigation of marine international conventions pertaining to marine
pollution occurring from manmade maritime pollution control, both ratified and un-ratified
disasters similar to X-press pearl. by Sri Lanka. The success of amending the
Act must also be monitored by MEPA with
other government agencies implementing the
