The Failure of Guardians: Mount Lavinia Artificial Beach and Public Trust Doctrine

Abstract

Sri Lanka has been identified as one of the most visited tourist destinations due to environmental and the archaeological background. The projects that have been carrying out by the government for the purpose of restoring the environment should entertain the process which is prescribed by the legal system of the country. The applicable legal authorities for the Mount Lavinia artificial beach project are the Coast Conservation Act No 57 of 1981, the National Environmental Act, and the constitution which has laid down the process applicable to the projects which may adversely affect the environment. Carrying out EIA(Environmental Impact Assessment) is the yardstick to estimate the environmental impact which will result from the project. The power of exercising the EIA is with the director-general of the coast conservation. The sovereignty of the people is exercised by the executive, judiciary, and the legislature. Fails to carry out a prescribed process by the authorities violate the sovereignty of people thus results in the violation of public trust. As per the possible remedies filling a fundamental rights violation, writ application, or can apply for an injunction. This research will examine the relationship between the environmental impact assessment and the public trust doctrine relating to the Mount Lavinia artificial beach project and how the project has violated the public trust by not conducting an EIA thus violating the sovereign power of people. The research is carried out to identify the existing legal framework of the study area, to understand the practical issues in developing the project, and to provide recommendations as remedies to curb such violations. The black letter approach has been used to identify and clarify the status of the project.