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STORM OVER SAND
By Marisa de Silva
A battle involving sand miners, police and environmentalists appears to be heading for a sand storm with charges and counter charges being traded. In this backdrop sand transporters holding valid transport permits complain that police are coming down hard on the wrong link of the sand-mining chain, while authortities say stern action is needed if a looming environmental crisis is to be averted.

Environment Minister A.H.M. Fowzie, who had instructed the police to arrest perpetrators of illicit mining said the ministry had to take a tough stand to avert an environmental catastrophe and accordingly police had been instructed to take immediate action against the violators.

However, for those who make a living out of sand mining, there are more pressing issues than the environment. Christopher, a lorry driver, who transports sand was first reluctant to disclose his identity for fear of reprisals but later agreed to speak as he wanted to air his grievances. He said he transported about 1½ cubes (a small lorry-load of sand) daily from Kochchikade and Chilaw into Colombo, along with other lorry drivers.

Lately, however he said police have been detaining their trucks en route to Colombo, even though they produced valid transport permits. "They have detained about ten trucks upto now and filed action against us. It's pointless detaining us, it's the large scale illegal sand mining operations that must be put a stop to," he said.

He said due to the crackdown, sand was in short supply in relation to demand and prices had rocketed from Rs. 2000 a cube to Rs. 4200. He also said lorry drivers took a longer route now to avoid police checks and this too was delaying the supply and thereby further increasing the price.

"We don't make big money off the sand trade. It's the big-time miners who earn big bucks, but as usual we are the ones who are caught in the middle and eventually lose out," Christopher lamented.

He also charged that big-time miners used huge lorries to transport large quantities of sand in one go, whereas their small lorries would take about six days to transport that amount of sand.

However, on the environmental front there are organisations and lawyers who are fighting to stop large scale mechanised sand mining operations in the regions of Kochchikade and Chilaw.

At a meeting this week, with officials of the Police, Divisional Secretariats, the Geological Survey and Mines Bureau, the Central Environment Authority, relevant parliamentarians and environmental officials, Rose Fernando, a lawyer representing the Environmental Protection Society, had discussed the environmental hazards caused by mechanised sand mining and the problems faced by the people in the area.

She also disclosed that many officials had admitted their inability to crack down on illegal mining due to political pressure. However, she warned that if these officials failed to act, the Central Environment Authority would be forced to take legal action forcing them to carry out their respective functions. She also said they would act on behalf of residents affected by these illicit operations.

Explaining one of the problems faced by the people, she said some big-time sand miners used large backhoes (20-25ft) with two arms, and dugup mining pits which were about 40-50 feet in depth, and this resulted in water levels going down. She also said the heavy vehicles damaged roads, and raised a lot of dust, polluting the area. The machines also worked late into the night creating noise pollution too.

She also warned that about 100 acres from the banks of the Maha Oya had been excavated, and this could have a serious impact on the bridge running over the Maha Oya, which served as a border between the Western Province and the North Western Province. She said because of this danger, and the hazards faced by the people, the Environment Authority had filed a case in the Negombo Magistrates Courts which in turn had issued an order prohibiting mechanised sand mining. However, due to the inaction of the police the court order not been effectively enforced.

Ms. Fernando said earlier this month, a group of residents had protested outside the office of the Negombo SSP in an attempt to force the Police to action. However, little came out of the protest and susbsequently three protestors had been assaulted. Although the alleged assailants had been identified, police had been slow in acting and the attackers had been produced in court only this week. She said the Environment Authority was forced to file a motion in the Supreme Court on March 14 stating that the Court Order was not being complied with and the Supreme Court has now ordered the Negombo and Chilaw Police to comply with the court order or be charged with Contempt of Court. She said now the police have been jolted into action and they are now guarding the mining sites. However, the backhoes are still there, which means that the miners could always re-start operations once the heat is off, she added.

Commenting on the situation, Negombo Divisional SSP K.A.J. Keenawinna and OIC Chilaw Police IP H.U.S. Hettiarachchi said they have now deployed police officers to guard the mining sites. SSP Keenawinna said they hadn't moved the backhoes because they had no facilities to do so. However, he assured that the drivers of these vehicles had fled the area and the miners will not be permitted to use them. Anil Peiris, Director, Geological Survey and Mines Bureau (GSMB), said that the scarcity of sand was becoming a problem for both, citizens and the construction industry, particularly as the Deduru Oya deposit, has been exhausted.

Commenting on alternatives he said, crushing rocks and getting sand was not a feasible alternative and it was not financially viable. However, he said off-shore sand mining was an option and studies were being done in that area.

As stated in the judgement of the FR case dated 6.8.2004, pending the finalisation of the 'National Sand Resources Policy' formulated by the Ministry of Environmental and National Resources, there will be no licences issued by the GSMB for mechanised mining. Furthermore, licences will only be issued for artisan mining, if the necessary conditions are satisfied.

Floods and drought
Despite strict measures to combat excessive sand mining, Walawe Ganga is being stripped of its rich resource. The mounds of sand lying in the Embilipitiya Magistrate's Court premises is only a mere fraction of the colossal amount of sand that is being removed from the river each day, environmentalists say.

Premasiri Abeysooriya, President of the Environmental Friendly People's Organisation said everyday 400 to 500 lorry loads of sand is being removed from the Embilipitiya area alone.

"This is not only a threat to Walawe Ganga but also to the wildlife in the vicinity. During heavy rains there’s the danger of landslides and floods while in the dry season continuing mining could lead to long periods of drought,” Mr. Abeysooriya warned.

Stop it now, or face contempt of court
The Supreme Court on Monday warned Negombo's Senior Superintendent of Police that he will be charged for contempt of court, unless he took steps forthwith to halt the illicit sand mining that is taking place on the banks of the Maha Oya, by March 28.

Counsel Jagath Gunawardene, who appeared for the Environmental Foundation Limited, had submitted to Court, the proof in the form of photographs, of continuing illicit sand mining with the use of heavy machinery. The EFL had filed a motion in the Supreme Court stating that despite an undertaking given to the Court, by the SSP's of Negombo and Chilaw, no steps had been taken to prohibit the mining.

The counsel had also said illegal mining was being carried out on the banks of Dadum Oya as well. The Court issued notice on the newly appointed SSP for Chilaw in respect of the complaint pertaining to Dadum Oya.

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