By Maheesha Mudugamuwa
Photos Krishan Kariyawasam
At 7.59 a.m. on 26 December 2004, a 9.1-magnitude earthquake – one of the largest-ever recorded – ripped through an undersea fault in the Indian Ocean near the northern tip of Sumatra, propelling a massive column of water towards unsuspecting shores, claiming a staggering 230,000 lives in a matter of hours. The catastrophic effects of the 2004 tsunami, known as the “Boxing Day Tsunami”, were felt by 14 nations, including Sri Lanka. More than 30,000 people lost their lives in Sri Lanka and many coastal townships were decimated. The tsunami was an unexpected occurrence in Sri Lanka as it was for most of the nations in the Asian region. People learnt a number of lessons from this tragedy; they learnt that some of the shorelines in several countries were facing open seas. Therefore, these countries decided to enclose their shores in the most innovative way. Further, it also brought about significant changes in administrative arrangements in dealing with potential national disasters. Sri Lanka, which was not prepared to face disasters like the tsunami, reacted quickly by rolling out a number of immediate solutions, one of which was the Tsunami Buffer Zone (TBZ), which was introduced by the government at the time. Accordingly, the TBZ was introduced nearly three months after the devastating tsunami, in March 2005, through the Task Force on Rebuilding the Nation (TAFREN). Accordingly, two types of buffer zones were introduced; TBZ 1 – 100 m landwards from the mean high waterline (along the coastal belt within the Kilinochchi, Mannar, Puttalam, Gampaha, Colombo, Kalutara, Galle, Matara, and Hambantota Districts) and TBZ 1 – 200 m landwards from the mean high waterline (along the coastal belt within the Jaffna, Mullaitivu, Trincomalee, Batticaloa, and Ampara Districts). The buffer zone was intended to reduce the population in the high-risk areas along the coastal belt to make disaster management easier in case of a tsunami. As per the regulations, all occupants living in houses which were affected by the tsunami and located within the buffer zone were eligible to get new houses, while occupants of houses located outside the buffer zone that were fully destroyed were given a grant of Rs. 250,000. Also, the occupants of partially damaged houses were provided Rs. 100,000. Moreover, new constructions were not permitted within the buffer zone. From its introduction, the TBZ had created confusion and uncertainty among victims who refused to leave their land and settled down in different places. At that time, most of the victims’ livelihoods were dependent on fishing, and one of their main concerns was being unable to earn a living. A costly failure However, judging by the present situation, it is quite obvious that the buffer zone has been a failure. The large number of buildings that have been constructed in the buffer zone is a clear indication that the authorities failed to implement this regulation. The Sunday Morning learnt that the people who had received land from the Government had also returned to the buffer zone and started constructing new buildings while renting or selling the houses they had received. A resident of Galle, Priyantha Perera said there were a number of hotels coming up in most areas along the southern coastal belt, which blocks the view of the shore. “Only those who have money can witness the beauty of the shore,” he stressed.
“We don’t know how these people get the approvals from the relevant authorities because if we need to get the approval for some construction, we have to wait years,” he alleged.
“The buffer zone is supposed to serve as a natural barrier against strong waves, tsunamis, strong winds, and soil erosion and protect humans and property along the coastlines. But now, there is no buffer zone and some people are constructing their buildings on the seashore,” Perera said.
In order to determine the legality of the constructions mushrooming along the shorelines, The Sunday Morning contacted the Coast Conservation Department (CCD) Coastal Development Division (CDD) Chief Eng. R.A.S. Ranawaka.
“The buffer zone that was declared by the Government in 2004 was never implemented as a law and therefore, at present, there is no buffer zone called TBZ,” he said, adding that there were areas restricted by the department and those areas had been there even prior to the tsunami.
“After the tsunami, we changed the width of some areas, but at present, there is no unique setback that applies to the whole island,” Ranawaka said.
As highlighted by Eng. Ranawaka, a setback area is a geographical strip or band within the coastal zone or within which certain development activities are prohibited or significantly restricted. It comprises “reservation” and “restricted” areas lying between the “seaward reference line” and “landward reference line” of the particular coastal segment. This is further explained in the Sri Lanka Coastal Zone and Costal Resource Management Plan 2018, excerpts of which are included. With the amendments made to the Coast Conservation and Coastal Resources Management Act No. 57 of 1981 through the Amendment Act No. 49 of 2011, the definition of the “Coastal Zone” had been changed by inclusion of 100 m of riparian land from the water bodies.
Accordingly, to minimise the impact of development activities taking place on the riparian land, the responsibility and the authority of managing such development activities are also vested with the Coastal Conservation and Coastal Resources Management Department (CC & CRMD) through the new amendments. Although both areas have strong and close connectivity with each other, the biophysical characteristics as well as the level of vulnerability of both areas vary. Thus, when determining the criteria for delineating setbacks or buffer areas, different criteria have to be adopted.
The Coastal Zone and Coastal Resource Management Plan 2018 was prepared by the CCD in conformity with the legal provisions of the Coast Conservation and Coastal Resource Management Amendment Act No. 49 of 2011.
In considering the practicality and the capacity of the CC and CRMD, the 2018 plan focused on only five major areas; shoreline management, coastal pollution control, management of coastal habitats, special management areas, and regulatory mechanism.
The department excluded two issues that were addressed through the 2004 Coastal Zone Management Plan. These issues include the management of sites of special significance and public access and the issue of management of coastal fisheries and aquaculture. This deviation was mainly due to outcomes experienced by the department during the implementation phase and the question of which authority was responsible.
Speaking to The Sunday Morning, Marine Environment Protection Authority (MEPA) General Manager Dr. Terney Pradeep Kumara said: “In Sri Lanka, what happened after the tsunami was that the Government abruptly declared a 160 m buffer zone as a restricted area without any scientific basis, and there were many concerns. The CCD with the consultation of other stakeholders and marine scientists developed another criterion and this is quite specific. The restricted zone differs from one place to another. They consider the texture of the sand and the height of the coastal beach strips –whether it is rocky or sandy, depending on the social economic environment. Almost all the plots allocated for development are restricted areas; many people will be unable to go through with their developing plans.
“It will affect the economic situation, trying to balance out that restricted zone. Nothing was allowed on the restricted areas. In Mirissa, it is about 10 m and in Unawatuna, it’s about 15 m. As it is, you aren’t allowed to build anything in those areas, but beyond that, you would also need the approval of the CCD. In separate areas, they have separate buffer zones.
Sri Lanka Coastal Zone and Coastal Resource Management Plan 2018
1. Prohibited activities at the foreshore
- All development activities for private purposes
- Construction of fences within the foreshore
- Planting of trees
- Discharge of waste water and solid waste
- Construction activities using containers and non-operative fishing vessels or equipment
- Beach scene operation and huts for naval operation
- Ocean outfalls, inlets
- Structures related to ports and fisheries harbours
- Lifesaving towers
- Underwater cables and communication lines