• New forest reserve declarations put on hold

Tracts of land have been identified for release from forest reserve status under the first phase of a two-stage plan aimed at resolving forest boundary disputes in the Northern and Eastern Provinces, according to Environment Minister Dr. Dammika Patabendi.

Meanwhile, the declaration of newly identified forest reserves in the Northern Province had been put on hold pending the resolution of outstanding land ownership issues, the Minister said, speaking to The Sunday Morning.

He said that the disputes stemmed from forest reserves demarcated using GPS coordinates under previous administrations. 

“During previous government tenures, forest reserves were designated using GPS coordinates – particularly by the Department of Forest Conservation,” he said. “Because of this, private property, even State institutions and hospitals, ended up trapped inside designated reserve boundaries.”

A committee has been appointed to identify the affected State property and outline a framework for de-reserving it. 

“We appointed a committee around August last year,” Patabendi said. “Although it was given a six-month mandate, over a year has now passed without the final report being presented, mainly due to a lack of necessary cooperation from certain District Coordinating Committees.” He did not reveal the names of the committees.

The ministry is nevertheless proceeding with the release. “We have already identified tracts of land to be released from reserve status in Phase 1, and any remaining unresolved issues will be addressed under Phase 2,” he said.

On the suspension of new declarations, the Minister said: “Because of these ongoing complications, we decided not to formally declare newly identified forest reserves in the Northern Province until these land boundaries and ownership issues are fully cleared and settled.”

Decades after the conclusion of the civil conflict, land disputes tied to State-declared forest and wildlife reserves remain a critical socio-political challenge in the Northern and Eastern Provinces. 

According to periodic monitoring reports and analyses published by the Centre for Policy Alternatives (CPA), the contested demarcation of State conservation areas frequently overlaps with ancestral lands, traditional agricultural plots, and residential properties belonging to war-displaced minority communities. 

Human rights organisations and civil society groups have repeatedly cautioned that unilateral land appropriation under the guise of environmental conservation exacerbates ethnic tensions and severely hampers post-conflict reconciliation efforts.

Compounding these social grievances, regional administrative bodies, such as provincial land commissioners, Divisional Secretariats (DS), Grama Niladhari (GN) divisions, and provincial irrigation and road departments, have highlighted how rigid forestry regulations stall critical infrastructure development and rural livelihoods. 

Local authorities have faced extensive bureaucratic hurdles when attempting to rehabilitate ancient irrigation tanks, clear waterways, and construct essential access roads, due to overlapping jurisdictions with Central Government authorities such as the Forest Conservation Department, Department of Wildlife Conservation (DWC), and Mahaweli Authority.

In response to sustained public pressure, community advocacy, and political representations, Central Government authorities, including the Cabinet of Ministers and the Presidential Secretariat, have initiated administrative reviews. These include proposals to evaluate and release approximately 200,000 acres of State-controlled land in the north and east to accommodate displaced residents, secure livestock grazing tracts, and streamline regional development.

Meanwhile, the ministry is also advancing a legislative package to update decades-old environmental statutes, according to the Minister. Patabendi said that the National Environmental Act had been revised and passed after a gap of 26 years.  

Three other statutes are undergoing revision. The Fauna and Flora Protection Ordinance (FFPO) No.2 of 1937, which the DWC administers, had not been amended for 44 years, the Minister said. 

“The legislation under the DWC had not been amended for 44 years. There was a subsequent amendment to the FFPO in 2009. We have now prepared the necessary draft bills for updated legislation and are prepared to obtain Cabinet approval for these amendments,” he said.

On the Water Resources Board Act No.29 of 1964, he said: “We obtained Cabinet approval to amend the Water Resources Board Act.” Draft amendments to the Marine Pollution Prevention Act were currently being prepared, he added.

The ministry has also completed a draft policy on captive elephants; its absence had stalled the process for a long period. 

“Because no policy regarding captive elephants had been implemented in our country for a long period, that entire process was completely stalled,” the Minister explained. “We appointed a committee to draft a policy on captive elephants and a final draft has now been completed.”

The ministry plans to consult the Mahanayaka Theras and other religious leaders on the draft. The aim is to establish a legal framework for registering and using elephants in traditional and religious festivals while adhering to animal welfare standards.