Sri Lanka’s legal framework for marine pollution control: an evaluation of the Marine Pollution Prevention Act, No. 35 of 2008

ABSTRACT This article provides an assessment of the efficiency and efficacy of Sri Lanka's legislation Marine Pollution Prevention Act No. 35 of 2008 (administered by the Marine Environmental Protection Authority/MEPA), for protecting Sri Lankan waters from pollution. Although there are provisions to control pollution - from ships, harbors/ports, any facility used by ships and offshore petroleum exploration projects - and to deal with offences, imposing both criminal and civil liabilities for offenders, there are some serious loopholes. This includes failure to address land-based pollution sources, unclear provisions for ballast water disposal and no consideration for pollution from other offshore projects, etc. The Act requires significant amendments considering the international conventions pertaining to marine pollution control, both ratified and unratified by Sri Lanka. The success of amending the Act must also be monitored by MEPA with other government agencies implementing the international instruments dealing with marine environmental monitoring ratified by Sri Lanka.