Land to be reclaimed and areas to be protected for future generations should be designated after a study of all land and lagoons under the state's territory, Supreme Court Justice Husnu Suood has said.
Suood's suggestion came in a case filed by environmental activist Humaida Abdul Ghafoor (Humay) to halt reclamation in Gulhifalhu over irreparable damage to the environment.
In his opinion in the Supreme Court judgment that overturned a High Court stay order to halt the reclamation, Suood said that in addition to areas to be reclaimed and protected, areas where projects that would impact the environment are to be carried out should also be designated. This was necessary as well to enliven Article 22 of the Constitution, he said.
It was his advice to the state to implement policies in a manner that would avoid cases related to environmental damage from land reclamation, Suood said.
"...I believe that a national strategic environmental assessment should be formulated as soon as possible with the involvement of everyone from the full state. The purpose of conducting such a national strategic environmental assessment is to designate areas to be protected for future generations and areas where the state will carry out projects that would impact the environment after studying all the land, lagoons and life in the state's territory, and to formalize the assessment and bring finality to it," Suood said in his opinion.
The lack of scientists and scientific research in the Maldives poses difficulties for courts to adjudicate such cases, Suood said.
Suood also advised that the Environment Protection Agency (EPA) should be empowered by law as an independent body in order to ensure the ecologically balanced sustainable development mandated by the Constitution.
In order to assess the environmental impact of projects, ensure that steps are taken to mitigate damage, and study changes after completion of projects, Suood said the state should ensure that the EPA has the necessary funding and resources as well as legal autonomy and powers.
"I also believe that the state's green tax should be used to make this agency resourceful," Suood said.
Moreover, contracts of large infrastructure projects should have clauses to stipulate that the contractor should cooperate with the EPA and would not be entitled to damages as a result of having to temporarily halt work, Suood advised.
