Marine Pollution Laws in Sri Lanka and the Legal Aftermath of the X-Press Pearl Disaster

The X-Press Pearl disaster in May 2021 stands as one of the most catastrophic maritime environmental incidents in recent history. The sinking of this Singapore-registered cargo ship off the coast of Sri Lanka unleashed a torrent of hazardous substances into the ocean, causing extensive environmental and economic damage. This article delves into the disaster, the existing legal frameworks that were invoked in its aftermath, and the subsequent legal proceedings aimed at addressing the calamity.

Centre for Environmental Justice (Guarantee) Limited vs Marine Environment Protection Authority [SC/FR 168/2021]

The X-Press Pearl Disaster: An Overview

On May 20, 2021, the X-Press Pearl caught fire near the Port of Colombo, Sri Lanka. The vessel, carrying 1,486 containers, included 81 classified as dangerous goods, notably 25 metric tons of nitric acid. Despite firefighting efforts, the ship burned for days before sinking on June 2, 2021. The incident resulted in the release of hazardous chemicals and billions of plastic pellets, known as nurdles, into the marine environment, leading to widespread ecological devastation.

Environmental and Economic Impact

The disaster’s environmental toll was profound. Beaches along Sri Lanka’s western coast were inundated with nurdles, posing severe threats to marine life and ecosystems. The Marine Environment Protection Authority (MEPA) reported that the spill led to the deaths of numerous marine species, including fish, turtles, and dolphins. The contamination also prompted a temporary ban on fishing activities, affecting the livelihoods of approximately 12,000 families dependent on coastal fisheries.

Legal Frameworks Governing Marine Pollution in Sri Lanka

In the wake of the X-Press Pearl disaster, several national and international legal instruments were activated to address the environmental and economic repercussions:

1. Marine Pollution Prevention Act No. 35 of 2008

This act serves as Sri Lanka’s primary legislation for preventing, reducing, and controlling marine pollution. It aligns with international conventions such as the United Nations Convention on the Law of the Sea (UNCLOS) and the International Convention for the Prevention of Pollution from Ships (MARPOL). The act empowers MEPA to enforce regulations, conduct investigations, and implement preventive measures against marine pollution.

2. International Conventions

• United Nations Convention on the Law of the Sea (UNCLOS): Establishes a legal framework for maritime activities, including obligations to protect and preserve the marine environment.

• International Convention for the Prevention of Pollution from Ships (MARPOL): Addresses the prevention of pollution from ships by regulating discharges and emissions.

Sri Lanka’s adherence to these conventions obligates the country to implement measures against marine pollution and seek compensation for environmental damages.

3. National Environmental Act No. 47 of 1980 (as amended)

This act provides a comprehensive framework for environmental protection in Sri Lanka, including provisions for environmental impact assessments and pollution control. It supports actions to mitigate environmental damage resulting from incidents like the X-Press Pearl disaster.

Legal Proceedings and Compensation Efforts

Following the disaster, Sri Lankan authorities initiated legal proceedings to seek compensation for the environmental and economic damages incurred. MEPA assessed the damage and collected evidence to support claims against the ship’s operators and insurers. The process involved engaging with the vessel’s insurers and operators to secure interim payments to support cleanup efforts and compensate affected communities.

In June 2021, the CEO of X-Press Feeders, the ship’s operator, publicly apologized for the incident and expressed commitment to addressing the consequences. The company engaged Oil Spill Response Limited to support the cleanup efforts, demonstrating a collaborative approach to mitigating the disaster’s impact.

Challenges in Legal Enforcement and Compensation

Despite the existing legal frameworks, Sri Lanka faced challenges in enforcing environmental laws and securing adequate compensation. The complexity of international maritime law, coupled with the scale of the disaster, necessitated extensive legal and diplomatic efforts. As of June 2024, reports indicate that affected communities have only received a fraction of the compensation they are owed, highlighting ongoing challenges in the compensation process.

Strengthening Legal Frameworks and Response Mechanisms

The X-Press Pearl disaster underscored the need for more robust legal frameworks and response mechanisms to address maritime environmental incidents. Sri Lankan authorities recognized the necessity of developing specific guidelines to improve preparedness and response strategies for future maritime disasters. This includes enhancing regulations on hazardous cargo, improving monitoring and enforcement mechanisms, and strengthening international collaboration to ensure swift and effective responses to similar incidents.

Conclusion

The X-Press Pearl disaster serves as a stark reminder of the vulnerabilities in maritime safety and environmental protection protocols. While existing national and international legal frameworks provided a foundation for addressing the disaster’s aftermath, the incident highlighted gaps in enforcement and compensation mechanisms. Strengthening these frameworks is imperative to safeguard marine environments and coastal communities from future maritime environmental disasters.

Frequently Asked Questions (FAQ)

Q1: What caused the X-Press Pearl disaster?

A1: The disaster was triggered by a fire that broke out on the X-Press Pearl cargo ship on May 20, 2021, near the Port of Colombo, Sri Lanka. The fire escalated, leading to the ship’s sinking on June 2, 2021, and the release of hazardous substances into the ocean.

Q2: What were the environmental impacts of the disaster?

A2: The incident resulted in widespread marine pollution, including the release of hazardous chemicals and billions of plastic pellets (nurdles). This led to the deaths of various marine species and contamination of beaches along Sri Lanka’s western coast.

Q3: How did Sri Lanka’s legal frameworks address the disaster?

A3: Sri Lanka invoked national laws such as the Marine Pollution Prevention Act No. 35 of 2008 and the National Environmental Act No. 47 of 1980, along with international conventions like UNCLOS and MARPOL, to address the disaster’s repercussions and seek compensation.

Written By: Rashmi Tharuka

For an exclusive summary, referenced laws, citations, and key legal arguments, refer to Centre for Environmental Justice (Guarantee) Limited vs Marine Environment Protection Authority on AI Pazz.