Court of Appeal issues notice in WNPS challenge to Mannar wind power project

• WNPS contends turbines being built in unapproved locations and in excess of approved numbers, in breach of mandatory environmental safeguards

The Court of Appeal has permitted a writ application filed by the Wildlife and Nature Protection Society of Sri Lanka (WNPS) to proceed, and has directed that notices be issued on the Respondents. The application challenges the approvals granted for the Phase 1 Extension of the Thambapavani Wind Power Project on Mannar Island. 

The order was made on 31 August, after the application was supported before the Court on 9, 16, and 27 July and 3 and 4 August. The Court has ordered the objections of the noticed Respondents to be filed, whilst notices are due to be served on the parties who have now taken over the work of the former Ceylon Electricity Board (CEB).

The WNPS contends that the relevant authorities failed to comply with mandatory provisions of the law when approvals were granted for the project, and that this failure risks irreversible consequences both for the communities living on Mannar Island and for its fragile ecosystem in an area regarded as one of Sri Lanka’s most ecologically important regions.

The application seeks judicial intervention in respect of what the WNPS considers to be serious violations of regulations made under Sri Lanka’s environmental laws. The Society contends that the wind turbines are being constructed in unapproved locations, and that the number of turbines is well in excess of the number approved by the relevant regulatory authority. It challenges the implementation of the project on the basis that the statutory procedures required under, among other legislation, the National Environmental Act and the Coast Conservation and Coastal Resource Management Act were not complied with.

The Society has raised particular concern over the failure to adhere to the findings of the Avifaunal Study commissioned by the Project Proponent itself. According to the WNPS, that study identified certain areas within the project zone as presenting a “very high” risk to bird populations. The WNPS alleges that, despite these findings, turbines have been installed in areas identified as high-risk or prohibited zones. The Society says this could increase the threat to migratory and endangered bird species and intensify pressure on an already sensitive ecosystem, with significant risks also to sensitive coastal habitats and to the livelihoods of the communities living in the area.

Mannar Island forms part of the Central Asian Flyway, a major migratory route used by millions of birds each year. The island has been recognised by national and international experts as a Key Biodiversity Area and as a site of global importance for water birds. It also lies close to several protected areas, including the Vankalai Sanctuary, the Vidataltivu Nature Reserve, and the Adam’s Bridge Marine National Park.

The proceedings therefore seek to place before the Court the question of whether the project has been implemented in accordance with Sri Lanka’s environmental laws and the safeguards intended to protect environmentally sensitive areas.

The WNPS has stressed that it fully supports renewable energy and Sri Lanka’s transition to cleaner sources of power. Its challenge is directed at the failure of the authorities and regulators to comply with the law and with the recommendations of the regulatory authorities themselves. The Society maintains that renewable energy projects must be located and developed in accordance with environmental safeguards and the law, and that the case is ultimately about ensuring that Sri Lanka’s renewable energy transition proceeds in a manner that is both legally compliant and environmentally sustainable, particularly in locations of exceptional ecological importance.

The WNPS was represented by President’s Counsel Farzana Jameel, with Attorneys-at-Law Prashanthi Mahindaratne, Dilumi de Alwis, Manisha Dissanayake, and Minaz Izzadeen, instructed by Attorney-at-Law Dilini Jayasuriya.