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“Will restore laws to stop garbage dumping” – Minister Mangala

(UTV|COLOMBO) – The Government has sought legal advice on pressing criminal charges against those involved in import of hazardous waste into the country, Minister Mangala Samaraweera stated.

Minister of Finance made this remarks responding to questions about the dumping of foreign garbage in Sri Lanka that followed the relaxation of import and Customs controls by the Finance Ministry during the former regime.

Replying questions by JVP leader Anura Kumara Dissannayaka, the Finance Minister disclosed that some 2,964,850 kg of waste has been imported to the country. Of this, only 283,405 kg had been re-exported. Minister Samaraweera charged that the companies involved in importing the garbage had misused the Gazette Extraordinary notification issued on July 11, 2013 by then Finance Minister Mahinda Rajapaksa. Samaraweera said that he was not holding the said Gazette Extraordinary notification solely responsible for the import of garbage.

Minister Samaraweera also said that a ministerial committee including the Finance Minister and the Development Strategies and International Trade Minister will be appointed in the next week to inquire into the legal aspect of these imports. “The Committee will submit recommendations to Parliament on strengthening the legal system and amending existing laws to prevent similar incidents in the future,” he added. Minister Samaraweera also pointed out that the United Kingdom has now commenced a comprehensive investigation into the matter.

Samaraweera made these observations in reply to a question by JVP leader Anura Kumara Dissanayake under Standing Orders 27 (2) on the large number shipping containers of imported clinical and hazardous wastage which were detected recently.

The JVP leader on Tuesday (23rd) demanded answers on the total number of waste containers imported to Sri Lanka, the number of waste containers re-exported, on the actions that will be taken to re-export the waste containers detained at the Port of Colombo and found at the Katunayake Free Trade Zone, the action against the waste importers and if the government is to take action to cancel Gazette notification 1818/30.

Minister Samaraweera pointed out that it was possible to impose fines on the companies involved in importing the garbage at thrice the value of the shipment. However, considering the seriousness of the offense, Samaraweera said that the government should look for an opportunity to press criminal charges against the parties responsible.

Samaraweera said: “Sri Lanka Customs will carry out a comprehensive investigation into the matter and take legal action against the culprits based on the Custom’s Ordinance. However, our lawyers are seeking legal advice to see if we could press criminal charges against the culprits. The parties involved in importing these wastage containers have violated the Basel Convention, international sanitary regulations, the Environment Act and the Customs Ordinance of Sri Lanka. I see this incident as a crime against the nation. It should be addressed as a national issue that can have a heavy impact on Sri Lanka’s environment, health and agriculture.”

The Finance Minister disclosed that from September 2017 until March 2018, 241 garbage containers have been imported to Sri Lanka. “Of these containers 111 of them were detained at Colombo Port. 130 containers have been released by Hayleys Free Zone Limited. Of the 130 containers, Hayleys Free Zone Limited has re-exported 17 in 2017 and 2018 to India and Dubai – 15 containers to India and two to Dubai. According to shipping documents, a stock of 2,964,850 kg waste has been imported to the country. Out of this only 283,405 kg have been re-exported. The garbage included used metal consignments, used mattresses, used carpets, bird feathers, worms and glass scraps.” he disclosed.

The Minister said that the companies that involved in garbage imports had misused the Gazette Extraordinary notification issued on July 11, 2013 by then Finance Minister Mahinda Rajapaksa. Samaraweera said that he was not holding the said Gazette notification as responsible for this import of waste.

In reply to JVP MP Anura Dissanayake’s question whether the Government would to cancel the said Gazette notification Minister Samaraweera said that the Government did not see any valid reason to cancel it. “This Extraordinary Gazette notification facilitated trade activities such as entroport trade, offshore business, front-end services, operations of the headquarters of leading buyers and logistics services. Certain goods have been limited or prohibited from being imported into the country as of the Custom’s Ordinance. If someone has violated these regulations, legal action can be taken against them. Thus, we don’t see a necessity in canceling the Gazette notification,” Samaraweera argued.

JVP MP Bimal Ratnayaka, raising a point of order, requested the House to allow a debate in Parliament on the import of garbage. MP Ratnayake also requested Minister Samaraweera to reveal the names of the persons who are on the director board of ETL Colombo Private Limited which is identified as the consignee of the garbage shipment.

Meanwhile, UPFA General Secretary MP Mahinda Amaraweera requested for an investigation by the Criminal Investigation Department. “We would like to know if there are any government officials or politicians involved in this case. We also want to know what has happened to the containers which were released over the years. We have also been informed that the government has not officially contacted the UK administration in relation to this matter. We would like to know if there are any hindrances faced by the Customs’ officers when carrying out investigations on this matter.” Amaraweera furthered.

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