Environmental Law and Legislation in Sri Lanka: Challenges and Future Directions

Abstract

Environmental law has become a cornerstone of modern governance, linking ecological protection with sustainable socio-economic development. In Sri Lanka, its importance is underscored by the island’s exceptional biodiversity, fragile ecosystems, and reliance on natural resources such as agriculture, fisheries, tourism, and industry. As Weeramantry (1997) noted, environmental protection cannot be treated as peripheral but must form part of the constitutional and moral obligations of both the State and citizens. The roots of environmental regulation can be traced to colonial statutes such as the Forest Ordinance of 1907 which regulated forest exploitation and the Fauna and Flora Protection Ordinance of 1937 which provided for the protection of wildlife and laid the basis for national parks and sanctuaries. However comprehensive regulation only emerged with the National Environmental Act No. 47 of 1980 later amended by Acts No. 56 of 1988 and No. 53 of 2000 which established the Central Environmental Authority (CEA) as the apex institution. The CEA is tasked with policy formulation pollution control licensing of prescribed industries through Environmental Protection Licenses (EPLs) and overseeing Environmental Impact Assessments (EIAs) for major projects (Central Environmental Authority [CEA], 2019). At the constitutional level Sri Lanka guarantee an explicit right to a healthy environment yet Article 27(14) requires the State to protect and improve the environment, while Article 28(f) obliges citizens to conserve nature (Constitution of Sri Lanka, 1978). Though not directly enforceable these provisions have been judicially expanded, most notably in Bulankulama Secretary Ministry of Industrial Development (2000) where the Supreme Court invoked the public trust doctrine embedding environmental protection as a constitutional concern.