• Environmental lawyer calls for action under National Environment Act
• Project fails to adhere to basic EIA requirements

A technical review on the Mannar Wind Power Project (Phase II) will be conducted by the Central Environment Authority (CEA) once the Sri Lanka Sustainable Energy Authority (SLSEA) completes its technical analysis of the responses received from environmentalists and the general public during the Environmental Impact Assessment (EIA), The Sunday Morning learns.

Speaking to The Sunday Morning, CEA Deputy Director General – Environmental Management and Assessment Division N.S. Gamage said public comments received during the EIA for the Mannar Wind Power Project (Phase II) were in the process of being submitted to the SLSEA for technical assessment.

“The Environmental Impact Assessment (EIA) process which was opened for public comment ended last Friday. A majority of the comments received are on the impact to the Central Asian Flyway and migratory birds. Further, the public has pointed out shortcomings in the report of the SLSEA as well,” he said.

“According to the regulations of the National Environment Act, we will present all these comments to the SLSEA. A portion has already been presented and the remainder will be put before the SLSEA in the upcoming week. After considering this input, the SLSEA will submit the technical response to the CEA, which will undertake a technical review.”

He stressed that it had been the SLSEA which had requested an EIA for the project and not any other agency. 

Meanwhile, senior environmental lawyer Dr. Jagath Gunawardana said: “In our preliminary observations, we have found that they have not adhered to the basic requirements of an EIA, not having looked at alternatives to the project in a meaningful manner as required under Section 33 of the National Environment Act. Therefore there is a clear course of legal action available to any party in Sri Lanka.”

Secondly, he pointed out that the EIA had not complied with the terms of reference given by the project approving agency – i.e. the CEA, adding: “Certain things have been skipped while they have also harped on unwanted, unnecessary things.”

He further noted certain elements violated the provisions of various Sri Lankan laws, which was another aspect they were exploring. 

He explained: “When we receive an EIA, we look at whether the EIA report has complied with legal requirements under the National Environment Act. Then we look at whether they have adhered to the terms of reference provided by the project-approving agency in compiling the report.”

Since the decision was yet to be made on approving or rejecting the project given that the process was still ongoing, Gunawardana said that it was premature to go for litigation at present. “We are waiting for the agency to do the final determination,” he said.

The Pearl Protectors Coordinator Muditha Katuwawala, whose institution had submitted public comments on the EIA in collaboration with the Environmental Foundation Ltd. and others, highlighted the unsuitability of the proposal in the EIA to build a jetty south of Mannar, which was presented as an alternative to the conventional method of transporting rotors through land. 

“The EIA proposes to bring these rotors through barges or transportational vessels. This is something of a significant impact area, specifically to the marine biodiversity of the ecosystem. Beyond that, this is a coastal construction that is neither suitable nor viable, since the south Mannar sea area is very shallow, in addition to containing pristine reefs and varieties of species of seagrass,” he said, noting that this had the potential to damage the sea bed. 

Accordingly, he emphasised that there had to be a strong EIA conducted separately for the jetty following a proper method. “If not, this will create a situation similar to Oluvil Harbour, where sand came in and blocked the entrance after 3-4 months of construction. Similarly, if a deep channel is to be dug for the barges, there is a high chance that the bank could pile up again, hampering movement.”

The Ministry of Power and Energy awarded the construction and operation of the Mannar Wind Power Project (Phase II) to Adani Green Energy Sri Lanka Ltd. (AGESL), as a Build, Own, and Operate (BOO) project. 

The proposed project has a capacity of 250 MW and the proposed wind farm will comprise 52 wind turbines of 5.2 MW capacity each, which are to be placed in parallel with the existing Thambapavani Wind Farm. The proposed turbines will be spread across most parts of Mannar.