National Policy on Sand as a Resource for the Construction Industry

2.1 Objectives 02 of 1992, and is the property of the state. The estimated annual national

2.2 Policy principles 03 demand for sand for the construction industry is approximately 7 million cubic metres. Almost all of this is manually or mechanically harvested from riverbeds, carved from river sides, or mined from sand deposits on Policy statements 05-07 previous riverbeds and sand accumulated in reservoir beds. Unrestricted

3.1 Activities not permitted 05 harvesting of sand is resulting in heavy rates of soil erosion, land degradation, increased river-water turbidity, lowered water tables and

3.2 Activities with conditional permits 05 salinity intrusion in the lower reaches of rivers. Unregulated mining of

3.3. Inland sand deposits 06 river, shore and dune sand, both manual and mechanized, has caused 34 Activities to be promoted irreparable damage to the ecology of the affected areas. 06 It is recognized that the sound management of sand, so as to Sand resource management procedures 08-13 minimize the risk of flooding and saltwater intrusion, is also necessary, because much of the human population too, lives close to and depends on major rivers, this has in turn led to severe water stress, especially for the Revenue procedures 14 poor in the western and south-western coastal areas, necessitating costly salt water extrusion schemes. Many rivers in the densely-populated Monitoring arrangements western part of the island are already experiencing the risk of suffering 15 serious habitat alteration and water quality loss: immediate remedial measures are therefore needed. Supervision 16 Article 28(f) of the Constitution makes it the duty of every person in Sri Lanka to protect nature and conserve its riches. Sri Lanka has also Annex ~ Explanation of key words committed to the principle of sustainable development and to the and concepts 17-18 sustainable use of its natural resources by subscribing to United Nations Conference on Environment and Development and its Agenda 21. ‘This policy statement reflects Sri Lanka's constitutional, international and national obligations, including the Mines and Minerals Act No. 33 of 1992, the National Environmental Act No 47 of 1980, the Coast Conservation Act No 57 of 1981 and other relevant legislation, regulations and policy statements. It should be viewed within the governance and accountability at all levels. This includes evolving policy framework for sustainable development. It defines the determining extractable volumes while applying the precautionary commitment of government, in partnership with the people, to effectively principle and the provisions of the relevant laws; ensuring that manage the construction-sand resource for the benefit of present and future extraction methods have low-impact; and putting in place a generations with minimal impacts on the natural and built environment and restoration program that reduces risks to the environment and to affected communities. This policy supports other national policy society. initiatives, such as the National Environmental Policy, which was adopted by Cabinet on 15 May 2003. 2d Policy Principles Hereinafter, the word “sand” shall mean sand intended for aa Sand will be utilized only as a managed resource, using the construction purposes. Technical terms are used in the text are explained in precautionary approach, so as to assure that national supply needs

Annex 1. are met in the long term (especially given the uncertainty over future alternatives and the effects they too, may have on local environments). 2. National Sand Policy 2.22 A transition to more environmentally friendly alternative sources of sand will be actively promoted through the support of 2.1 Objectives appropriate research and development activities. 2.1.1 To minimize the environmental impacts of utilizing Sri Lanka's Duleed Exploitation of dune sand and terrestrial sand deposits will be sand resources, while sustaining the economic benefits, controlled and permitted only after ecological and environmental recognizing that sand resources are both “renewable” (e.g. studies have shown that such extraction is safe. offshore sand) and “non-renewable” (e.g. dune and inland sand), both of which need to be managed sustainably. 2.2.4 All mining above 5,000' contour to be prohibited To develop a dual approach to the wise management of sand 225 The guiding principle of environmental management, “the polluter resources, pays”, will be applied throughout, making it the duty of miners to mitigate or reverse the impact their activities have on the (a) Through an effective system of policing within a strong environment. The permitted extraction of terrestrial sand resources regulatory framework; and will require environmental restoration programmes designed and implemented as integral elements of permission to extract. All such (b) Through the granting of incentives including skills training actions should be in compliance with the provisions of Fauna and and alternate employment, for the development of Flora Protection Ordinance (Chapter 469) as amended by Act No. 44 of 1964, Act No. 01 of 1970 and Act No. 49 of 1993 and Forest sustainable alternatives, including manufactured and offshore sand, and sand extracted from reservoir beds. Ordinance (Chapter 451) as amended by Act No. 13 of 1966, Act No. 56 of 1979, Act No. 13 of 1982, Act No 84 of 1988 and Act No. To establish the priority of environmental considerations over 23 of 1995. commercial considerations, assuring sound environmental -02- -03- 3. Policy Statements 2.2.6 Wise construction design that minimizes demand on natural resources, together with the recycling and reuse of construction For the purposes of sustainable management of sand resources materials are seen as the keys to reducing consumption, and will be three categories of activities are distinguished: encouraged through incentives and the establishment of quality standards. 3.1 Activities not permitted edo Effective management of the environment affected by sand 3.1.1 Shore sand. Because of the likely impacts on hydrology, the extraction is possible only by linking together the activities, mining of shore sand except for dredging for public infrastructure interests and perspectives of all groups, including civil society, facilities will be prohibited altogether unless, such mining activities industry, non-government organizations and government at the comply with the environmental impact assesments. central, provincial, and the local levels and by creating public awareness. This will be achieved through participatory, Mechanized mining of sand in rivers. In view of the significant transparent, predictable and accountable decision-making environmental consequences this entails, all mechanized sand processes, especially in relation to the locations from which sand is mining, both machine driven or manually operated, in the riverbed to be extracted, the quantity extracted and how the mined habitat and within 60 metres from the banks of major rivers will be should be restored. prohibited with immediate effect. All licenses awarded to date will, where legal provision exists to do so, be revoked. 2250 The export of inland sand for any commercial purposes will continue to be prohibited. 3.2 Activities with conditional permits 321 Coastal dunes. Although coastal dunes offer significant reserves of sand, their exploitation will be not permitted within the Coastal Zone except fora public purpose. 3.2.2 Non-mechanized mining in rivers. It is recognized that non- mechanized sand mining is an important source of income and livelihoods in many areas that must, in the medium term, be supported. Community-based organisations and co-operatives whose membership comprises existing river sand extractors will be promoted. Riverfront land-owners will be given preference for sand extraction as they are forced to exercise added precautionary measures to avoid erosion of their own properties. 3.2.3 The GSMB will develop and enforce guidelines to establish No- mining zones so as to safeguard bridges, water intakes, roads, public amenities, etc. -04- -05- 3.3 Inland sand deposits (c) The significant environmental impacts that need to be 3.3.1 Inland sand deposits, whether or not on private land, shall in terms addressed; and of the Mines and Minerals Act be treated as minerals. (d) The need to educate a construction industry that has Doe Licences will be issued by the GSMB based also on consent given become accustomed to using only river sand. by the landowner and the recommendations of the relevant Divisional Secretary and the Environmental Officer for their In view of the large investment capital involved and the significant extraction, only as an interim measure, until industrial capacity for national benefits that would accrue as a result, the establishment of extracting adequate renewable resources is sufficiently developed. an offshore-sand industry will be encouraged through appropriate In giving such permits, the GSMB shall give due regard to incentives. For this purpose a subcommittee of the Standing environmental and ground-water conservation. Committee will be charged with the responsibility of ensuring sea sand resources are developed within an agreed timeline and with 3.3.3 A terrestrial sand resource survey will be completed and a time adequate quality, environmental and social safeguards. bound extraction management plan will be prepared by GSMB and updated at three-yearly intervals. The utilisation plan will be 3A2 Alternate sand. Encouragement will be given for major integrated with a defined time-bound program for the development construction projects to optimise the use of sand and use alternate of alternative sources of sand. Where sand is extracted from sands wherever possible, bearing in mind the need to also mitigate terrestrial reserves such as dunes and former river courses, it shall the environmental impacts of quarrying and crushing such be the duty of the party extracting such sand, irrespective of the aggregates. Actions will be taken to and promote and publicise ownership of the land, to rehabilitate the land in accordance with technologies such as production of sand from quartz, identification standards specified within the relevant license or permit. and utilization of terrestrial sand deposits, production of bricks using soil and cement instead of sand and cement and use of lime, 3.4 Activities to be promoted clay and paddy husks for masonry work in wall construction. However, minimizing of environmental impacts on crushing and 3.4.1 Offshore sand’. Offshore sand, in effect a renewable resource, powdering of rock minerals as an alternative for river sand, will be offers the best long-term solution to meet the national demand for emphasized. construction aggregate. While the extraction technology exists however, it has been neglected owing to: 3.4.3 Sand conservation. The development of methods and technologies to minimise the use of sand in construction industry (a) The high capital costs involved; will be promoted. 3.4.4 Geological Survey and Mines Bureau will take action to prepare (b) The relatively high cost of production compared with illegally-mined river sand; estimates for sand requirements for the next 10 years. Note: Because of its high chloride content, offshore sand cannot be used for construction 3.4.5 Action will be taken to amend Mines and Mineral Act to empower until it has been washed. Such washing may be done (a) mechanically (involving significant demand for freshwater) or (b) by stockpiling the sand and permitting the police with adequate powers to search and arrest. chlorides to be leached in the course of several months of rainfall. Both strategies carry significant environmental risks and potential costs which can, however, be mitigated while maintaining financial viability. -06- -07- Sand Resource Management Procedures With the agreement of the Central Environmental Authority and the Department of Coast Conservation, Geological Survey and Mines Bureau will survey the sand resources and cause to be 4.1 The Geological Survey and Mines Bureau which has the statutory published the information on the amount of sand that can be power with regard to sand mining and issuance of licenses, should extracted from each river along with the defined environmental oon explore suitable locations in rivers where sand can be mined and safeguards. prepare information and maps on such locations where sand deposits exist and amount of sand that can be mined and submit to The Geological Survey and Mines Bureau will take steps to use the District Committees and the National Committee. The modern technologies to identify sand deposits wherever possible. assistance of the Department of Irrigation, Road Development Authority, Mahaweli Authority, Divisional Secretariats, and other 4.2 The National Committee will take steps to issue mining licenses relevant officers should be solicited to prepare these maps at district for the locations recommended for mining with the approval of level. Recommendations, objections and observations, if any, on the district committees established at district level. the locations recommended will be referred back to the District Committees to justify their reasoning. 4.2.1 The Composition of the National Committee will be as follows It is expected that the District Committee will submit the Secretary, Ministry of Environment - Chairman suggestions and comments, if any, in relation to the district under Additional Secretary, (N.R) Ministry of Environment - Secretary reference. Secretary/Representative of the Ministry of Home Affairs - member Director General/Dep. of Wildlife Conservation - member Chairman/Director General, Central 4.1.1 Composition of the District Committee will be as follows: Environment Authority - member Chairman/Director, Geological Survey and Mines Bureau - member District Secretary - Chairman Deputy Inspector General of Police Additional District Secretary - Secretary (In charge of environment activities) - member Senior Superintendent of Police - member Director, Policy Planning - member Director/Deputy Director Irrigation - member Divisional Secretaries of the district - member Director/D.D, Road Development Authority - member Mining Engineer of the Geological Secretary/Representative of the Ministry Survey and Mines Bureau - member of Planning& Implementation - member District Forest Officer - member Assistant Director (Dep. of Wildlife Conservation)- member 4.2.2 The quorum for national and district committees will be 05 Assistant Director/District Environment Officer - member members. Regional Director/District Engineer-irrigation —- member District Engineer, Road Development Authority - member Residential Project Manager, Mahaweli Authority - member ) Director/Engineer, Provincial Road Development Authority - member Others who are considered as important by District Secretary 4.7 Transport licenses can be issued to a person who has obtained a 4.3 Applications are called from sand minors to extract sand from mining license and the license will be limited to transport of sand to terrestrial sand deposits or sand deposits in state lands. Those a site specified by the Geological Survey and Mines Bureau, and applications will be evaluated based on experience of the minors from a certain site to another site or to a consumption site. However, and environmental clearance reports, if any, in a transparent if the transport of sand is transported out of the district, the manner. Qualified bidders should provide a bank guarantee or other Secretary, Ministry of Environment has the authority to determine security bond not less than 25% of the value of estimated gross that the sand storage site be located in a far place, considering views income from sand that can be extracted within the specified period of the other agencies. Sand should not be stored within 10 m from of time. If the bidder fails to rehabilitate the mines as per the defined the riverbank. environmental safeguards by the Central Environment Authority, Geological Survey and Mines Bureau will use the security bond for 4.8 When transporting sand out of the district, the Secretary, Ministry environmental restoration activities. of Environment has the right to lay down other important conditions or make decisions on transport of sand. Licenses for 4.4 Provisions appearing in the Gazette No. 772/22 issued on 24" June transportation of sand should be issued limiting its validity to the 1993 for environmental impact assessments in relation to terrestrial date specified in the license. The present transport license should be sand mining will be amended to a limit of 01 ha in extent and depth more formalized and those who transport sand should produce their to 5 meters. monthly sand-transportation plan. This plan should include the transport date, time of start and time at destination, vehicle River sand extraction will be managed under two regimes. Number, route, amount of sand transported and other important 4.5 details. A copy of the report will be written /pasted on the transport license, at the time of issuance. (a) The total amount of sand that can be extracted per annum from rivers with sustainable management plans will be restricted to the 4.9 Road barriers for checking the licenses for the transport of sand will sand extraction zones in rivers. Sand collection centers should be be established on major sand transport routes, with the assistance of placed in that zone and the Divisional Secretary should be informed of the amount of sand, allowed to extract. the police. Check points for checking the timber transport licenses established by the Department of Forest Conservation, road barriers operated by the police, and the checkpoints 4.6 Special attention will be paid to the public and affiliated institutions established by the GSMB will be used for this purpose. such as Central Engineering Consultancy Bureau, State Engineering Corporation, Lanka Mineral Sands Limited, Road Development Authority, Sri Lanka Land Reclamation and 4.10 There is no interruption for the permits issued by the Divisional Development Corporation, Pradeshiya Sabhas, and Co-operative Secretaries and Forest Conservation Officers, under the Provisions Societies engaged in large scale construction activities in issuing of the Forest Ordinance for disposal of forestry products, for licenses for sand subject to the charge of due royalty. A state genuine villagers for construction of houses. Yet, this permission is management system will be incorporated into this process to avoid damages to the environmentas of today. valid only within the respective GN Division subject toa maximum amount of 03 cubes per month per person. A request has to be made for such permits, actions should be taken not to exceed the limit and should satisfy that the person who applies for the permit is constructing a house. -11- The GSMB will issue the guidelines to the Divisional Secretaries 4.16 Issuance of permits for sand mining will be completely banned including the volume, environmental safeguards, and provision for within an identified distance from the bridges, highways, pump- transportation, if necessary. houses, bathing places, fishery harbours and irrigation structures which are known as socio-economic base structures. Due distance 4.11 In view of the shift from river-sand mining to offshore mining, the for sand mining will be decided in consultation with the respective controls on mechanized river mining entail a shift in human- institutions. resource needs and service provision. Priority will be given to the development of alternate skills and livelihoods among those 4.17 The GSMB will be vested with a special responsibility to establish adversely affected by this transition. environmental safeguards, and oversee such safeguards are adequately adhered to prevent environmental damages due to sand 4.12 During the transition period from river-sand consumption to mining. offshore-sand consumption, relevant institutions will be encouraged to conduct education and awareness-building within 4.18 Ministry of Environment will take action to establish a fund for the construction industry on the safe and appropriate use of sea environmental restoration activities and the provisions of this fund sand, and that sea sand is not a complete alternative for river sand. will. be provided to the Department of Irrigation, Road Development Authority, and Department of Forest Conservation 4.13 Unwashed sea sand can pose a real threat to safety and quality in the for environmental restoration activities. This fund will receive construction industry. A strict regime of policing supported by a money credited as a percentage (10%) from royalties or charges at national standards and certification system will be introduced the time of issuance of permits for removal of minerals and forestry within the coastal zone to ensure that sea sand is not illegally products. collected and marketed as washed sea sand. 4.14 In the award of a license, consideration shall be given to the need for post-extraction environmental restoration. In cases where such concerns exist, a valid guarantee in respect of the full cost of restoration as estimated by the GSMB in consultation with the CEA and the respective District Sand Committee, shall be deposited by the applicant with the GSMB, whose responsibility shall be to ensure that such restoration takes place concurrently with the mining operation. Such guarantee shall be released only upon certification by the Central Environmental Authority that all mitigatory activities have been satisfactorily completed. 4.15 The capacity of regional offices of the GSMB and divisional secretariats to manage and regulate sand resources will be strengthened through appropriate programmes. -12- -13- 5. Revenue Procedures 6. Monitoring Arrangements 3.1 There shall be established an Environmental Fund to which will be 6.1 Monitoring and regulation. credited a part of the royalties received from sand extraction As sand is the property of all Sri Lankan citizens of both present and licenses. The assets of the Fund shall be utilized for environmental future generations, its use must be both wise and _ sustainable. restoration; social insurance to local communities; research and Accordingly, its extraction, transport and use will be strictly development on alternatives to river sand, etc. The GSMB will monitored. Authority needed, if any, to delegate powers and functions for decentralizing the administrative processes will be provided for, charge a royalty for all sand extracted based on a percentage of through amendments to the prevailing laws. market value. 6.2 Enforcement will be applied consistently and with the additional 5.4 For sand extracted from those rivers with management plans, strength necessary, by way of amendments or additional regulations to royalties will be assessed on the amount of sand allowed to be the legal framework (i.e. the Mines and Minerals Act, Coast extracted and should be paid to the GSMB at the time of issuance of Conservation Act, National Environmental Act and other relevant the license. legislation), at the earliest possible opportunity. This will include provision to prescribe officers of the GSMB, the Coast Conservation 5.3 For sand extracted from rivers without management plans, the Department, the Provincial Council and the Central Environmental royalty will be paid at the time of the issuance ofa licence. Authority with powers of search and arrest. 5.4 For off-shore sand, the royalty will be paid at the time of issuance of 6.3 Institutional capacity for the monitoring of sand mining at the local the mining licence and amount of sand extracted will be reconciled level shall be strengthened by decentralisation and delegation of with the royalty paid at the end of every dredging period. appropriate powers to relevant authorities. In addition to delegating authority to the Police Officers, the GSMB will establish law enforcement units (Flying squads) where appropriate. 5.5 All permits and licenses relating to the extraction of sand and all royalties payable, should be in accordance with the Mines & 6.4 GSMB will undertake systematic maintenance of information on sand Minerals Act and the National Environmental Act. deposits and will be in charge of stock assessments and through these, make as to the annual extractable volumes of sand with clear 5.6 A system of rewards will be put in place for those supplying understanding on the objectives and the principles of this policy. information on illegal activities and for officials who successfully prosecute offenders. 6.5 GSMB will regulate the extraction of offshore sand in consultation with relevant local and national authorities so as to establish and 5.7 Simplified systems of procedures will be introduced by the GSMB enforce environmental safeguards. to expedite processing of applications for mining licenses. GSMB should conduct regular studies of the impact of sand mining on the natural and built environment, and especially on: - Danger to bridges, irrigation schemes, water intakes - Salinity intrusions - Condition of river banks - Condition of water table - Sand deposits under threat -14- -15- 7. Supervision Annex 1 Tod Review: The Minister in charge of the subject shall, prior to the Explanation of Key Words and Concepts budget each year as part of their annual review, table for the information of Parliament an annual Status Review of Sand Aggregate- Natural sands and gravels that are mixed together with outlining the production and consumption trends; pricing; cement to make concrete and mortar. environmental, social, economic and other relevant issues; needs for legislative reform, etc., together with a report on revenues and Construction sand - Sand is a resource rich in minerals (see sand, below). royalties, and how these are structured. While the primary use of sand in terms of volume in Sri Lanka is by the construction industry, high-value minerals 7.2 National Committee on Construction Sand are also extracted from (especially coastal) sands, such as A national standing committee representative of the entire rutile. spectrum of stakeholders will be appointed as per Clause 4.2.1 above, to coordinate and oversee the implementation of this policy Miner - Any person engaged in the extraction of sand for profit, or at the and make recommendations on any revision of the policy that may site of such extraction, any person directly engaged in the extraction, deem necessary. transport or handling of sand, whether self-employed, employed or contracted. To District Committee on Construction Sand A District Committee on sand will be appointed at district level Non-renewable sand resources - Sand, of which there is only a limited representing the entire spectrum of stakeholders to coordinate and quantity, and that could be exhausted in the near to medium term supervise activities related to implementations of this policy and to given present rates of extraction and/or demand. make recommendations on any revision of the policy that may deem necessary. Offshore - The seabed at a distance of more than 2 km from the tide line or beyond the 15 m depth countour. Polluter Pays Principle - The principle those who extract or utilize resources are responsible for negating the negative environmental consequences of their actions. Precautionary Principle - The principle that when an activity carries a potentially high environmental risk that cannot be fully assessed (e.g. for lack of time, money or information), action should be taken to prohibit or restrict the activity before the uncertainty is resolved Renewable sand resources - Sand, of which there is a long - term supply given moderate rates of extraction, such as offshore sand. -16- 17 Sand - usually small (diameter 0.02-2 mm) particles comprising mainly of quartz, containing small quantities of minerals such as feldspar, mica, garnet, tourmaline, zircon, rutile, illemenite, topaz and pyroxenes. In Sri Lanka, most river sand is of this kind, the result of long years of erosion. Shore sand - along coasts contains much the same constituents as river sand, but involving a smaller, more spherical grain. Sea sand also contains significant “impurities” by way of salts such as magnesium and sodium chlorides, which lead to corrosion in iron. Sea sand is considered unsuitable for the construction industry because of its small particle-size and unless it is treated by washing with freshwater to reduce the chloride content that causes rusting. Sustainable utilization - the utilization of a resource in a manner that is compatible with the long-term stability of environmental systems, particularly those essential to human well-being, respecting the rights of future generations also to access and utilize the benefits of the same resource. In the case of sand, utilization may be either strongly or weakly sustainable. The renewable component (excluding sea sand) should demonstrate strong sustainability, whereas weak sustainability may be acceptable where a non- renewable resource (e.g. terrestrial sand deposits) are depleted in a controlled manner while suitable substitutes are developed.