Abstract

The life cycle of plastic packaging ends in polluting the environment and negatively impacting wildlife, marine life, and human health. In Sri Lanka, manufacturers and distributors are not responsible for the end life cycle of plastic packaging under our domestic legislation. In 1991, Germany was the first country to introduce the legislative implemented "Extended Producer Responsibility" to the rest of the world through the German Packaging Ordinance. In 2016, Germany's domestic recycling rate was "65 percent," making it the world's "leading race" country (Singapore Environmental Council, 2018). Because Sri Lanka is a developing country, this study examines the various disposal options for plastic packaging waste, realising that Germany has much to teach Sri Lanka. Due to the lacuna in national policy in managing post-consumer plastic packaging waste, this study intends to examine the applicability of legislatively implemented Extended Producer Responsibility (EPR) in Sri Lanka through the lessons learned from the German jurisdiction. Additionally, this qualitative study examines how lessons from Germany can be incorporated into the legal framework in Sri Lanka to manage plastic packaging and packaging waste better. National Environmental Act, Special Regulations published in the gazette are given more attention and analysed and discussed accordingly in identifying the lacuna in Sri Lanka's Jurisdiction in managing the end life cycle of post-consumer plastic packaging waste. The recommendations based on the findings through the in-depth literature reviews in this research form an implementation plan for plastic packaging waste policies in the domestic jurisdiction highlighting the mandatory final disposal and recovery of plastic packaging by manufacturers and distributors in Sri Lanka to ensure sustainable business practices.

Highlights

  • Manufacturers can control and prevent PostConsumer Plastic Packaging (P.C.P.P.) that goes into the private consumers’ waste bin in the first place

  • This study identifies the prevailing laws governing plastic packaging waste in the Jurisdiction of Sri Lanka and Germany to analyse qualitatively and discuss whether statutes are adequate in solving the issues with the plastic packaging life cycle ending in the environment in Sri Lanka

  • The study descriptively analysed and discussed the relevant legislative provisions managing plastic packaging waste in Sri Lanka. Primary sources such as the National Environmental Act, Code of Criminal Procedure Act, Special Regulations gazette through gazette notifications are given special attention in this study

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Summary

Introduction

Manufacturers can control and prevent PostConsumer Plastic Packaging (P.C.P.P.) that goes into the private consumers’ waste bin in the first place. Less waste will end up in landfills, incinerators, and the environment as a whole. In several parts of Sri Lanka, residents burn P.C.P.P. waste due to the failure of local authorities in collecting plastic waste. Burning plastic releases harmful gases such as dioxins and furans, which cause lung diseases and cancer. The prevention that requires "collective social awareness, waste knowledge, innovative manufacturing, and business models" (Cox et al, 2010) and “the principle of source reduction and implementation of such systems” (Zakowskav, 2008) is crucial in this regard. Van Sluisveld and Worrell (2013) highlighted that policies on packaging waste prevention are ineffective without packaging “source reduction.” The prevention that requires "collective social awareness, waste knowledge, innovative manufacturing, and business models" (Cox et al, 2010) and “the principle of source reduction and implementation of such systems” (Zakowskav, 2008) is crucial in this regard. Van Sluisveld and Worrell (2013) highlighted that policies on packaging waste prevention are ineffective without packaging “source reduction.”

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