This presentation about the generation of garbage and the environmental issues in the purview of Sri Lankan Legal System as well as international Level.

1. ENVIRONMENTAL LAW.
GARBAGE
Department of Law
University of Jaffna.
Group No.07
A.Arjun
Jasotha.R
Kamalagini.K

2. “Talking about pollution, nobody's holy.
They who pollute, sinned against nature.”
- 7th Group

3. Garbage
• United Nations Statistic division- wastes are material
that are not prime products for which the generator
has no further use in terms of his/her own purposes
of production, transformation or consumption, and of
which he/she wants to dispose. Wastes may be
generated during the extraction of raw materials, the
processing of raw materials into intermediate and
final products, the consumption of final products, and
other human activities. Residuals recycled or reused
at the place of generation are excluded
• Section 33 of the NEA

4. Static's of Garbage
• 2012- World get around 2.6 trillion pounds
garbage
• 2013 – The UNEP calculation – garbage
increased by 21percentage.

5. Polluter Pays Principle
• Polluter has pay for all the expenses to
neutralized the environment.
• Different capacity to generate the garbage.
• Inequitable manner of sharing

6. Types of GARBAGE
Municipal Solid Waste a critical environmental issue
obligation of local authorities
Eg: Household necessities, restaurant
Hazardous Waste- the contribution of
industrialization
The nature of toxic
Eg: Chemicals of Mercury, Cyanide

7. Types of GARBAGE
• E-Wastage
• Higher use of electronic products lead to the
higher generation of e-wastage.
• Many of these in original condition could be
reused or recycle.
• Eg: Mobile and computer parts
• Hospital Waste
• It could be clinical or non-clinical
• The risk of infections are very high.

8. Problems of Garbage
• Effect of chemicals on wildlife and food cycles
Health problems-mosquitos and rats eg
dengue
• Soil and water pollution by chemicals and
hazardous waste
• Reduce resources for future generation

9. Waste disposal and precautionary principle
• Waste cannot be reused or recycled must be disposed. But all waste
disposed near sea or lakes or wetland without any reused or
recycled.
Eg. Kakkaithevu, Jaffna
• According to precautionary principle, we shall protect water from
disposal wastes. Because always dumping wastage in near water. In
future water have been polluted.
National level
– Marine pollution prevention Act-s27
– Costal Conservation Act
International standards
London Dumping Convention 1972
Bamako convention Article4(2)

10. Methods for disposal
•
•
•
•
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Open dumping
Sanitary landfill
Incineration
Recycling
Compositing

11. 3R’s
REUSE
RECYCLE
REDUCE

12. International Movements
There is no effect movement from
international community to handle the issue
of garbage. Until mid of 1980s.
Conventions
Basel Convention of 1989- Trans boundary
export control mechanism.
Loma’ Convention of 1989- Support to Basel
Convention.
Bamako Convention of 1991- Stop importation
to Africa.

13. International Purview
• Intra-Generation Principle, the unequal
sharing of the effects.
• Export of Garbage , from develop
countries (Industrialized) to developing
countries

14. Stockholm Declaration,
Principle 21
• States have, in accordance with the Charter of the
UN and the principles of international law, the
sovereign right to exploit their own resources
pursuant to their own environmental policies, and
the responsibility to ensure that activities within
their jurisdiction or control do not cause damage
to the environment of other states or of areas
beyond the limits of national jurisdictions.

15. Zero wastage ,
is a fundamental right?
• 01. Lopez Ostra V Spain (1995) 20 EHRR 227
(Right to Privacy, Family and Home)
• 02.Gutrra and others V Italy (1998) 26 EHRR 357
(Right to information)
• M.C. Metha Vs. Union of India AIR 1988 SC
(Absolute Liability)

16. Laws relating to waste management
in Sri Lanka
• Articles 3, 12(1), 13(4), 14(h) and 28(f)
• Section 10, 23 of National Environment Act of
1980
• Ensure the compliance with National waste
Management policies via environment
protection. (s10)
• No body could dispose the waste in manner
which affect the environment (s23(b))

17. Laws relating to waste management
in Sri Lanka
• Sections 129,130 and 131 of Municipal council
ordinance
• Sections 118,119 and 120 of Urban council ordinance
• Sections 93,94 of Pradeshiya Sabha Act
– Properly sweeping of street including the food waste and
collection and removal of all street
– Due removal at proper period of all house refuse and due
cleaning and empting at proper period of all latrines and
cesspits.
– Proper disposal of all street refuse, house refuse and
night soil.

18. Case laws
• M.M Khalid and three others Vs. Chairman, Sri
Jeyawardenepura Kotte urban council
1996 vol.3(3) SAELR 62
Garbage Dumming Case No SCFR 218/2009
• Ahangama Vithanage Deshan Harindu and 4
others Vs. Ceylon Electricity Board and 7 others
(sc application NO.323/97 FR)

19. Principle of Inter-Generation equity
• We have no right to give the world as garbage
bin to next generation. e.g Radio Active material
( Juan Antonio Oposa V Fullgencio S.Factoran
and another)
• Radio active wastages mostly produced by the
nuclear plants, Military Researches and
laboratories.
• IAEA code of conduct on radio active waste and
1997 joint convention on spent fuel and radio
active waste.

20. Recommendations
• 01.Zero Waste set as both a goal and action plan
(Production to dispose)
Governmental Authority
Changes in consumption Habits
Changes in industrial design
Strict approach towards to excessive garbage
generators (Tax)
Civil Society Empowerment
E.g: Punia, India.

21. Recommendations
• 02. Share the General and Legal Knowledge
towards all people.
– Students
– Officials
– Law Enforcement Authorities
– Rural Area Residents

22. Conclusion
 Disposal of Garbage: The instruments which
could be connected with the issue of waste
only give concern regarding the mechanisms of
disposal.
 Generation of Garbage: But we should
considerhow to stop the generation of Garbage.
 The principles of Self-Sufficiently and Proximity.

23. References
• Principles of International Environmental law
– Philippe Sands