parliament of the democratic socialist republic of sri...

PARLIAMENT OF THE DEMOCRATICSOCIALIST REPUBLIC OF

SRI LANKA

COAST CONSERVATION (AMENDMENT)ACT, NO. 49 OF 2011

Printed on the Order of Government

[Certified on 30th November, 2011]

PRINTED AT THE DEPARTMENT OF GOVERNMENT PRINTING, SRI LANKA

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Published as a Supplement to Part II of the Gazette of the DemocraticSocialist Republic of Sri Lanka of December 02, 2011

1Coast Conservation (Amendment)Act, No. 49 of 2011

Short title

2—PL 006213—4,015 (08/2011)

[Certified on 30th November, 2011]

L. D. —O. 47/99

AN ACT TO AMEND THE COAST CONSERVATION ACT, NO. 57 OF 1981;TO AMEND CERTAIN PROVISIONS OF THE SRI LANKA LAND

RECLAMATION AND DEVELOPMENT CORPORATION ACT, NO. 15 OF

1968 AND THE BOARD OF INVESTMENT SRI LANKA LAW, NO. 4 OF

1978; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH OR

INCIDENTAL THERETO.

BE it enacted by the Parliament of the Democratic SocialistRepublic of Sri Lanka as follows:—

1. This Act may be cited as the Coast Conservation(Amendment) Act, No. 49 of 2011.

2. The Long Title to the Coast Conservation Act,No. 57 of 1981 (hereinafter referred to as the “principalenactment”) is hereby amended by the substitution for theword “Scheme of work for Coast Conservation” of the words“Scheme of work for Coast Conservation and CoastalResource Management”.

3. (1) In the principal enactment and in any other writtenlaw, there shall be substituted—

(a) for the words “Coast Conservation Act”, the words“Coast Conservation and Coastal ResourceManagement Act”;

(b) for the words “Director of Coast Conservation”, thewords “Director-General of Coast Conservation andCoastal Resource Management”;

(c) for the word “Director” the words “Director-General”; and

(d) for the words “coast conservation” the words “coastconservation and coastal resource management”,

(2) Every reference to the “Coast Conservation Act”, the“Director of Coast Conservation”, “Director” and “coastconservation” in any notice, notification or other document

Amendment ofLong Title toAct, No. 57 of1981.

“CoastConservationAct”,“Director ofCoastConservation”,“Director” and“coastconservation” tobe knownas “CoastConservationand CoastalResourceManagementAct”, “Director-General of CoastConservationand CoastalResourceManagement”,“Director-General” and“coastconservationand coastalresourcemanagement”.

Coast Conservation (Amendment)Act, No. 49 of 2011

2

shall be read and construed as a reference respectively to“the Coast Conservation and Coastal Resource ManagementAct”, “the Director-General Coast Conservation and CoastalResource Management”, “the Director-General” and “CoastConservation and Coastal Resource Management”.

4. Section 3 of the principal enactment is herebyamended by the substitution for sub-paragraph (i) ofparagraph (b) of that section, of the following:—

“(i) such number of Directors, Deputy Directors andAssistant Directors;”.

5. Section 4 of the principal enactment is herebyamended as follows:—

(1) in paragraph (b) of that section, by the substitutionfor the words “Coastal Zone; and” of the words“Coastal Zone;”; and

(2) by the repeal of paragraph (c) of that section andthe substitution therefor of the followingparagraphs:—

“(c) for the co-ordination of activities of otherdepartments, institutions and agencies inconnection with activities being carried outwithin the Coastal Zone;

(d) for the preparation and implementation of theCoastal Zone Management Plan preparedunder section 12;

(e) for the dissemination of information on coastconservation and coastal resourcemanagement, to the public and to otherdepartments, agencies and institutions andwhere necessary to tender advice andguidance;

Amendment ofsection 3 of theprincipalenactment.



(f) for the conduct of research in collaboration withother departments, agencies and institutions for thepurpose of ensuring effective coast conservationand coastal resource management;

(g) for the implementation of the coast conservationand coastal resources management programmesspecified in the National Fisheries Policy.”.

6. Section 5 of the principal enactment is herebyrepealed and the following section substituted therefor:—

5. The Director-General may, delegate byan authorization in writing in that behalf toany Divisional Secretary of a Division withinwhich any part of the coastal zone in situatedor to any prescribed public officer, as the casemay be, any power, duty and functionconferred or imposed on, or assigned to, theDirector-General, by this Act, other than anypower, duty or function falling within Part IIIof the Act. The Divisional Secretary or theprescribed public officer shall within suchDivisional Secretary’s Division or other areaof authority exercise, perform and dischargethe power, duty or function so delegated subjectto the general direction and control of theDirector-General.”.


6. (1) There shall be established a CoastConservation and Coastal ResourceManagement Advisory Council (hereinafterreferred to as “the Advisory Council”)consisting of the following members:—

(a) the Secretary to the Ministry of theMinister to whom the subject of CoastConservation and Coastal ResourceManagement is assigned, who shall bethe Chairman;

Replacement ofsection 5 of theprincipalenactment.“Director-

General maydelegate anyof his powers&c,. underthe Act toDivisionalSecretaries orto prescribedofficers.

Replacement ofsection 6 of theprincipalenactment.“Coast

Conservationand CoastalResourceManagementAdvisoryCouncil.


4

(b) the Secretary to the Ministry of theMinister to whom the subject of PlanImplementation is assigned or hisrepresentative;

(c) the Secretary to the Ministry of theMinister to whom the subject of Tourismis assigned or his representative;

(d) the Secretary to the Ministry of theMinister to whom the subject of UrbanDevelopment is assigned or hisrepresentative;

(e) the Secretary to the Ministry of theMinister to whom the subject of PublicAdministration is assigned or hisrepresentative;

(f) the Secretary to the Ministry of theMinister to whom the subject ofIndustries is assigned, or hisrepresentative;

(g) the Secretary to the Ministry of theMinister to whom the subject ofProvincial Councils is assigned, or hisrepresentative;

(h) the Secretary to the Ministry of theMinister to whom the subject ofEnvironment is assigned, or hisrepresentative;

(i) the Director-General of Fisheries andAquatic Resources, appointed under theFisheries and Aquatic Resources Act, No.2 of 1996, or his representative;

(j) the Director-General of the NationalAquatic Resources Research andDevelopment Agency, appointed under


the National Aquatic Resources,Research and Development Agency Act,No. 54 of 1981, or his representative;

(k) the Director-General of the UrbanDevelopment Authority appointed underthe Urban Development Authority Law,No.41 of 1978, or his representative;

(l) the Director-General of the CentralEnvironmental Authority appointedunder the National EnvironmentalAuthority Act, No. 47 of 1980, or hisrepresentative;

(m) The Director-General of the GeologicalSurvey and Mines Bureau appointedunder the Mines and Minerals Act, No.33 of 1992, or his representative;

(n) the Land Commissioner or hisrepresentative;

(o) the Director-General appointed undersection 3, who shall be the Secretary tothe Council; and

(p) three other persons appointed by theMinister, one from among persons whowill represent the academic staff of theUniversities, one representing the non-governmental organizations concernedwith the protection of the coastalenvironment and the other who shall bea representative of the fishing industry.

(2) The Advisory Council may where in itsopinion it appears to be necessary for theeffective discharge of its functions, co-opt any


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other Secretary to serve as a member of theAdvisory Council for so long as may benecessary for such purpose. A Secretary co-opted in terms of this subsection shall be presentat meetings of the Advisory Council only whenthe specific matter, which necessitated hispresence, is being discussed. He shall not beentitled to vote at such meetings.”.


11. (1) The Director-General shall as soonas practicable cause a survey of all the resourcesand activities within the Coastal Zone to beconducted and thereafter prepare a report basedon the results of such survey.

(2) In preparing the report required undersubsection (1), the Director-General shall haveregard to the relevant data and informationcollected or compiled by governmentdepartments, institutions and agencies. It shallbe the duty of the Heads of such Departments,institutions and agencies to furnish any suchdata or information as may be reasonablyrequired by the Director-General for thepurpose of preparing such report.”.


(1) in subsection (1) of that section—

(a) by the substitution for all the words from“The Director shall” to “the plan shallinclude” of the words “The Director-Generalshall, not later than three years from the dateof operation of this Act, prepare and submit

Replacement ofsection 11 of theprincipalenactment.

“Survey ofresourceswithin theCoastal Zone.



to the Advisory Council, a Coastal Zone andCoastal Resource Management Plan(hereinafter referred to as “the Plan”) basedon the results of the survey conducted interms of section 11. The Plan shall includeguidelines for the management of coastalresources and a comprehensive programmefor conservation of coastal resources forsustainable development and also—”;

(b) in paragraph (b) of subsection (1) thereof,by the substitution for items (ix) and (x) andthe words “within the coastal zone.” of thefollowing—

“(ix) agriculture;

(x) industry;

(xi) availability of coastal resources;

(xii) coastal erosion management;

(xiii) coastal water quality;

(xiv) zoning of coastal water usage; and

(xv) any other matters which in theopinion of the Director-General isrelevant to coast conservation andcoastal resource management,

within the Coastal Zone.”;

(c) in paragraph (d) of subsection (1) thereof,by the substitution for the words “CoastalZone regulation; and” of the words “CoastalZone regulation;”;

(d) in paragraph (e) of subsection (1) thereof,by the substitution for the words “purposesof coast conservation,” of the words“purposes of coast conservation;”;


8

(e) by the addition immediately after paragraph(e) of subsection (1) thereof, of the followingnew sub-paragraphs:—

“(f) recommendations identifying SpecialArea Management sites, rating suchsites in terms of the severity of resourcemanagement issues, bio diversity,viability and economic significance;

(g) identify the routes, paths and corridorsof access available for the public toaccess the beach and the coastal zoneand recommend measures required toclear any obstructions therein;

(h) recommend guidelines required for thesustainable development andmanagement of the coastal zone; and

(i) formulate policies and furnishrecommendations in relation to coastconservation and coastal resourcesmanagement activities,”;

(2) by the insertion immediately after subsection (1) ofthat section, of the following new subsection:—

“(1A) The Director-General shall cause the Planprepared in terms of section 12 to be revised, atleast once in every five years:

Provided that, the Director-General may wherehe deems it to be so necessary, cause a survey interms of section 11 to be carried out at the time ofrevision of the Plan, and revise the plan based onthe results of the survey so conducted.”;


(3) in subsection (5) of that section, by the substitutionfor the words “period of four years” wherever theyoccur in that subsection of the words “period offive years”.

10. Section 13 of the principal enactment is herebyamended by the substitution for the words “quality of theCoastal Zone” of the words “quality of the Coastal Zone andthe sustainability of the resources within the Coastal Zone”.

11. section 15 of the principal enactment is herebyamended as follows:—

(1) by the substitution in paragraph (a) of that section,for the words “Coastal Zone Management Plan” ofthe words “Coastal Zone and Coastal ResourceManagement Plan”; and

(2) by the substitution in paragraph (b) of that section,for the words “Coastal Zone” of the words “CoastalZone and the sustainability of the resources withinthe Coastal Zone.”.


(1) by the repeal of subsections (1) and (2) of thatsection and the substitution therefor of the followingsubsections:—

“(1) Upon receipt of an application for a permitto engage in a development activity within theCoastal Zone as required by subsection (3) ofsection 14, the Director-General may require theapplicant to furnish an initial environmentalexamination report or an environmental impactassessment report relating to the developmentactivity as the case may be, or both such reports. It





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shall be the duty of the applicant to comply withsuch requirement. Every initial environmentalexamination report or environmental impactassessment report shall contain such particularsas may be prescribed:

Provided however, that the Minister may byregulation prescribe the categories of developmentactivities in respect of which an initialenvironmental examination report would not benecessary.

(2) In cases where an initial environmentalexamination report is requested by the Director-General, he may, on receipt of such report and if itappears that such report is sufficient for the purposeof determining, whether or not to grant the permit,dispense with the requirement of providing theenvironmental impact assessment report.

(2A) Where the Director-General considers thatthe initial environmental examination report issufficient to determine whether or not to issue thepermit, he may submit a copy of such report to theCouncil for its comments, if any.

(2B) The Council shall, within thirty days ofthe initial environmental examination report beingsubmitted to them, furnish its comments if any, tothe Director-General.

(2C) Where after considering an initialenvironmental examination report submitted tohim under subsection (2A), the Director-Generalconsiders that an environmental impactassessment report is necessary to arrive at adecision, he may require the applicant to submitthe same to him.


(2D) Upon receipt of the environmental impactassessment report, the Director-General shallsubmit a copy of the same to the Council for itscomments and by Notification published in theGazette provide an opportunity for the public tosubmit comments in respect of the same withinthirty days of the date of such Notification.”;

(2) in subsection (4) of that section, by the substitutionfor the words “under subsection (3)” of the words“under subsections (2A), (2C), (2D) and (3)”; and

(3) in subsection (5) of that section, by the substitutionfor the words “under subsection (3)” of the words“under subsections (2C), (2D) and (3)”.

13. Section 17 of the principal enactment is herebyamended by the substitution for the words “Coastal Zone,having regard to the Coastal Zone Management Plan” of thewords “Coastal Zone and resource therein, having regard tothe Coastal Zone and Coastal Resource Management Plan”.

14. Section 18 of the principal enactment is herebyamended by the repeal of subsection (3) of that section andthe substitution therefor of the following subsection:—

“(3) A permit issued under this Part shall not betransferred without the prior written approval of theDirector-General. The Director-General may, where hehas granted approval for a transfer, impose furtherconditions on such permit. A transfer may be effectedonly on payment of the prescribed fee. An ordertransferring the permit should also be entered on thepermit, in order that the transfer be effective:

Provided however that the Director-General shallnot make an order under this section unless a period oftwo years has elapsed from the original date of issue ofthe permit.”.




12


(1) in paragraph (b) of that section, by the substitutionfor the words “Costal Zone” of the word “CoastalZone or the resources therein”; and

(2) by the substitution for the words “to be served onthe permit holder.” of the words “to be sent byregistered post to the address stated by the permitholder in the application submitted by him for thepermit or to such other address as intimated by himin writing, to the Director-General.”.

16. Section 20 of the principal enactment is herebyamended in subsection (2) of that section, by the substitutionfor all the words “the Director may,” to the end of thatsubsection, of the words “or within any extended periodgiven by the Director-General, cancel the permit issued tothat person. Notice of such cancellation, stating reasonstherefor, shall be sent to him by registered post to the addressstated by the permit holder in the application submitted byhim for the permit or to such other address as intimated byhim in writing, to the Director-General.”.


(1) by the re-numbering of that section as subsection(1) of that section;

(2) in the re-numbered subsection (1), by thesubstitution for the words “subject of CoastConservation.” of the words “subject of CoastConservation and Coastal Resource Management.”;and





(3) by the addition, immediately after the re-numberedsubsection (1) of the following new subsections:—

“(2) On receipt of an appeal under subsection(1) the Secretary shall forthwith require theDirector-General to forward to him all relevantdocuments and files. The Director-General shallcomply with such request within a period offourteen days of the receipt of such request.

(3) The Secretary shall within sixty days of thereceipt by him of the appeal under subsection (1),decide the matter and inform the Director-Generaland the party appealing, of his decision. Thedecision of the Secretary on an appeal shall befinal.

(4) It shall be the duty of the Director-Generalto carry out the decision of the Secretary in respectof an appeal.

(5) The procedure to be followed in appeal shallbe as prescribed.”.

18. The following new section is hereby insertedimmediately after section 22 of the principal enactment andshall effect as section 22A of that enactment:—

22A. (1) Notwithstanding the provisions ofthe Mines and Minerals Act, No. 33 of 1992,the Director-General of the Geological Surveyand Mines Bureau shall not issue, in relationto an area lying within the Coastal Zone, apermit under the provisions of this Act, withouthaving obtained the prior consent of theDirector-General, in respect of such issue.

Insertion of newsection 22A inthe principalenactment.

“Applicationof the Minesand MineralsAct.


14

(2) Where the Director-General consents tothe grant of a permit by the Director-General ofthe Geological Survey and Mines Bureau, theDirector-General may require that suchconditions as he deems necessary in thecircumstances be attached to the permit sogranted.

(3) Where, a person to whom a permit isissued by the Director-General of theGeological Survey and Mines Bureau, fails tocomply with the conditions attached to hispermit, the Director-General shall notify theDirector-General of the Geological Survey andMines Bureau of the same.

(4) On receipt of such notification,the Director-General of the GeologicalSurvey and Mines Bureau shall issue adirection to the permit holder who hascontravened the provisions of the permit,requiring him to forthwith comply with thesame within the period to be specified in thedirection, or such later date to whichperiod has been extended. Where the permitholder fails to comply with the direction,the Director-General of the GeologicalSurvey and Mines Bureau shall, afterconsultation with the Director-General, cancelthe permit.

(5) Where a permit is cancelled in termsof subsection (4), the provisions of sections38, 39 and 40 of the Mines and MineralsAct, No. 33 of 1992, shall mutatis mutandisapply in respect of such cancellation.”.


19. The following new Parts are hereby insertedimmediately after Part III of the principal enactment andshall have effect as Part IIIA, IIIB, IIIC and IIID (section 22B,22C, 22D, 22E, 22F and 22G) of that enactment:—

“PART III A

AFFECTED AREAS

22B. (1) The Minister may, by Orderpublished in the Gazette declare any area:—

(a) within the Coastal Zone or adjacent tothe Coastal Zone or falling within bothsuch areas; or

(b) within any water body or part of anywater body; or

(c) within any lagoon or part of any lagoonor any peripheral area of a lagoon,

as an “affected area”.

(2) Any development activity which couldbe carried on in terms of a permit obtainedunder section 14, would if it is carried out in anarea declared to be an affected area underparagraph (a) of subsection (1), be considereda prohibited activity. Any person, who engagesin a prohibited activity, shall be guilty of anoffence.

(3) No person shall in any area declared tobe an affected area under paragraph (b) ofsubsection (1) fill, erect, construct, obstruct,pollute or introduce any waste matter, or doany act which will harm the aquatic or marinelife in such area. Any person who fills, erects,constructs, obstructs, pollutes, introduces anywaste matter or does any act which harms theaquatic or marine life in such area shall be guiltyof an offence.

Insertion of newParts IIIa, IIIb,IIIc and IIId inthe principalenactment.

Declarationof affectedareas.


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(4) The provisions of section 27A andsection 28 shall mutatis mutandis apply to anin relation to any development activity carriedon in contravention of the provisions ofsubsections (2) and (3).

(5) The onus of proving that the act inquestion was committed in an area outside theaffected area, shall lie on the person engagingin the same.

(6) The Minister may make regulations forsetting out the manner in which these areas areto be administered and the activities prohibitedwithin such area.

PART III B

BEACH PARKS AND CONSERVATION AREAS

22C. (1) Where the Minister is of opinionthat it is necessary for the preservation of thescenic beauty and the biodiversity of any areawithin the Coastal Zone to do so, declare byOrder published in the Gazette, any area withinthe Coastal Zone to be a “Beach Park”.

(2) The Minister may make regulationssetting out the manner in which such parksshould be administered, the activities whichcan be carried out within such area and thepersons who are permitted to enter into suchareas.

22D. (1) The Minister may by Orderpublished in the Gazette, declare as a“Conservation Area”, any area in which specialmeasures need to be taken for the protection ofthe coastal and aquatic eco-system.

BeachParks

ConservationAreas.


(2) No development activity or collectionand gathering of aquatic resources shall becarried out in any area declared undersubsection (1). The Director-General mayhowever issue permits, in respect ofapplications made in the prescribed form, topersons intending to engage in scientific studyand research within such area.

(3) The Minister may make regulationsprescribing the manner and mode ofadministrating such areas, the activitiespermitted within such areas and the personswho may engage in such activities within suchareas.

PART III c

SPECIAL MANAGEMENT AREAS

22E. (1) The Minister may, in respect of anyarea of land within the Coastal Zone or adjacentto the Coastal Zone or comprising both areasfrom the Coastal Zone and the adjacent area ofland, declare such area by Order published inthe Gazette, to be a “Special ManagementArea” if it appears to him that it is necessary todo so due to the need to adopt a collaborativeapproach to planning resource managementwithin the defined geographic area:

Provided that no area shall be declared as aSpecial Management Area, unless such areahas been included in the Coastal Zone andCoastal Resource Management Plan preparedunder the provisions of this Act.

(2) The Minister may make regulationsprescribing the manner and mode in which,and the persons by whom, such Special

SpecialManagementareas.


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Management Area should be administered, thepersons entitled to have access to these areasand the activities which can be carried outwithin such areas.

PART III D

COASTAL ACCESS PLAN

22F. (1) The Director-General shall causeto be carried out, as soon as possible after thecoming into operation of this Act, a surveywhich would identify all the routes, paths andcorridors which provide access to the public tothe beaches, and routes, paths and corridorswhich provide access to the Coastal Zone.Based on the findings of the survey he shallprepare a comprehensive Report which he shallsubmit to the Council.

(2) The Director-General is herebyempowered to call for and obtain informationreasonably required by him for the compilationof this Report from any governmentdepartment, institution or agency concernedin related activities. It shall be the duty of thesedepartments, institutions and agencies tofurnish the Director-General with the relevantinformation.

(3) The Director-General shall within sixtydays of the Coastal Access Plan being submittedto him by the Director-General after inclusionof such modifications, if any suggested by theCouncil, make the plan available to the publicfor its comments. Any member of the publicmay, within sixty days of the Coastal AccessPlan being made available to them, forwardhis comments to the Director-General. It shall

CoastalAccess Plan.


be the duty of the Director-General to includeany comments received by the public in theplan and submit a revised plan to the Minister.

(4) The Minister shall thereupon submit therevised Coastal Access Plan to the Cabinet ofMinisters for its approval. Upon approval ofthe said Plan by the Cabinet of Ministers, theMinister shall cause the Coastal Access Planto be published in the Gazette. The CoastalAccess Plan shall be operative as from the dateof publication in the Gazette or from such laterdate as may be specified therein.

(5) The Minister may make regulationsspecifying the matters which need to beincluded in the Coastal Access Plan, theactivities which could be carried out inconformity with such plan, and details as toownership of the lands included in the planinclusive of extents and locations.

(6) Any person who acts in contraventionof the provisions of this section or anyregulation made thereunder, shall be guilty ofan offence and shall on conviction aftersummary trial before a Magistrate be liable toa fine of not less than five thousand rupees andnot more than twenty five thousand rupees orto imprisonment of either description for a termof not less than three months and not morethan two years, or to both such fine andimprisonment.

22G. The provisions contained in the Act,shall where relevant to the implementation ofParts IIIA, IIIB, IIIC and IIID (as inserted herein),of this Act, mutatis mutandis apply in relationto Parts IIIA, IIIB, IIIC and IIID (as inserted herein)of the Act.”.

Applicationof theprovisions ofAct to PartsIIIA, IIIB,IIIC and IIID.


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20. Section 24 of the principal enactment is herebyamended in subsection (1) of that section by the substitutionfor the words “lying within the Coastal Zone.” of the words“lying within the Coastal Zone, for the purpose of promotingscientific study and research.”.


(1) in subsection (1) of that section, by the substitutionfor the words “or the stability of the Coastal Zone”of the words “or the stability of the Coastal Zone orthe resources within the Coastal Zone”;

(2) by the insertion immediately after subsection (1) ofthat section, of the following new subsection:—

“(1A) Where a notice is served underparagraph (a) of subsection (1), the person onwhom the notice is so served, shall comply withthe said notice within the period specified in suchnotice. The Director-General shall, after the periodspecified has elapsed, take such measures as maybe necessary to prevent such intrusion or activity.All expenses incurred by the Director-General inpreventing the intrusion or the activity, shall berecovered from the person on whom notice isserved, as a debt due to the State.”;

(3) in subsection (2) of that section, by the substitutionfor all the words from “If a local authority is unable”to the end of that subsection of the words “If a localauthority or an agency is unable to comply withsuch a request it shall forthwith inform the Director-General of such inability. Upon being so informed,the Director-General shall require, by notice inwriting, the person responsible for such waste orforeign matter or such activity, to take correctivemeasures or to desist from engaging in suchactivity.”; and




(4) by the addition immediately after subsection (2) ofthat section of the following new subsection:—

“(3) Where notice has been served undersubsection (2), the person on whom such notice isserved shall take steps to comply with the noticein the time specified. Where, after the expiry of areasonable period of time, no steps have been takento comply with the notice, the Director-Generalshall take such measures as may be necessary toprevent such intrusion or activity. All expensesincurred by the Director-General in preventingthe intrusion or the activity, shall be recoveredfrom the person on whom notice is served, as adebt due to the State.”.

22. Section 26 of the principal enactment is herebyamended by the substitution for the words “permit issuedunder this Act.” of the words “permit issued under thisAct, or any license issued under the Mines and MineralsAct, No. 33 of 1992 in respect of which the Director-Generalhas imposed conditions under this Act,”.

23. The following new section is hereby insertedimmediately after section 26 of the principal enactment,and shall have effect as section 26A of that enactment:—

26A. (1) The Director-General shall have thepower to issue directions to any person engagedin, or likely to engage in, any developmentactivity which is causing or is likely to causedamage or detriment to the Coastal Zone or tothe resources therein, regarding the measuresto be taken in order to prevent or abate suchdamage or detriment, and it shall be the dutyof such person to comply with such directions.

(2) Where any person fails to comply withany directions issued under subsection (1),the Magistrate shall, on an application made


Insertion of newsection 26A inthe principalenactment.

“Issue ofdirections toabateactivity.


22

by the Director-General order the temporarysuspension of the project or activity, until theperson complies with the directions.

(3) Any person who fails to comply withthe order of the Magistrate shall be liable to afine of rupees ten thousand for each day inrespect of which he fails to comply with suchorder and shall in addition be guilty ofContempt of Court and shall be dealt withaccordingly.”.


(1) by the renumbering of that section as subsection(1) thereof; and

(2) by the addition immediately after the renumberedsubsection (1), of the following new subsection:—

“(2) Any person who fails to comply with thenotice issued in terms of subsection (1) within suchtime as may be indicated in such notice, shall, if hefails to comply with the notice even after a reminderin respect thereof being sent to him, be liable tohave the permit so issued to him cancelled.”.

25. Section 28 of the principal enactment is herebyamended by the repeal of subsection (1) of that section andthe substitution therefor of the following subsection:—

“(1) Any person who acts in contravention ofthe provisions of section 14 shall be guilty of anoffence under this Act and shall on conviction,after summary trial before a Magistrate, beliable—

(a) in the case of a first offence, to a fine ofnot less than five thousand rupees and notmore than twenty-five thousand rupees,




or to imprisonment of either descriptionfor a term not exceeding one year, or toboth such fine and imprisonment; and

(b) in the case of a second or subsequentoffence, to a fine of not less than fiftythousand rupees and not more than onehundred thousand rupees, or toimprisonment of either description for aterm not less than one year and notexceeding three years, or to both such fineand imprisonment.”.


(a) in paragraph (a) of that section, by the substitutionfor the words and figures “section 25;”, of the wordand figures “section 25 or under subsection (2) ofsection 25”; and

(b) by the substitution for the words “to a fine not lessthan one thousand five hundred rupees and notexceeding twenty five thousand rupees” of thewords “to a fine not less than five thousand rupeesand not exceeding fifty thousand rupees”;”.

27. Section 30 of the principal enactment is herebyamended in subsection (1) of that section, by the substitutionfor the words “to a fine not exceeding five hundred rupeesfor each day” of the words “to a fine not less than onethousand rupees and not exceeding five thousand rupees foreach day”.

28. Section 31 of the principal enactment is herebyamended by the repeal of subsections (3) and (4) of thatsection, and the substitution therefor of the followingsubsection:—

“(3) Any person aggrieved by any direction issuedby the Director-General under subsection (2), may





24

within three days of the affixing of the notice, appealtherefrom to the Secretary to the Ministry of theMinister to whom the subject of coast conservationhas been assigned,

(3A) On receipt of an appeal under subsection (3),the Secretary shall forthwith require the Director-General to forward all relevant documents and files tohim. It shall be the duty of the Director-General toforward, within fourteen (14) days of such a request,all relevant documents and files if any, to the Secretary.The Secretary may, where he is of the opinion that it isessential in order to arrive at a decision, give theappellant an opportunity to be heard in person.

(3B) The Secretary shall within forty five (45) daysof the receipt of the appeal, make his decision on suchappeal and inform both, the Director-General and theappellant of his decision. It shall be the duty of theDirector-General to give effect to such decision. Thedecision of the Secretary on any such appeal shall befinal.

(3C) No person on whom a order has been servedunder subsection (2), or who has appealed against theorder under subsection (3), shall continue to erect orconstruct any unauthorized structure, house, hut, shedor other building or permit any such unauthorizedstructure, house, hut, shed or other building to remainstanding in such place.

(3D) Any person who contravenes the provisions ofsubsection (3C) shall be guilty of an offence and shallon conviction after summary trial before a Magistratebe liable to a fine not less than fifty thousand rupees,and not exceeding five hundred thousand rupees, orto imprisonment of either description for a term of notless than one year and not exceeding three years or toboth such fine and imprisonment.


(4) The Director-General shall either upon theserving of an order of demolition in terms of subsection(2) or on the conclusion of any appeal in terms ofsubsection (3), cause the construction of theunauthorized structure, house, hut, shed or otherbuilding to be taken down and removed from the land.The total cost incurred in the taking down of theunauthorized structure, house, hut, shed or otherbuilding and the cost incurred in the removal of allmaterials used in the construction of the unauthorizedstructure, house, hut, shed or other building shall berecovered from such person as a debt due to the State:

Provided that it shall be the responsibility of anyperson who is required in terms of the precedingprovisions of this section, to take down and removeany unauthorized structure, house, hut, shed or otherbuilding as is specified, prior to the expiration of theperiod specified, to remove or cause to be removedtherefrom all of his possessions as are presently withinsuch unauthorized structure, house, hut, shed or otherbuilding.

(4A) Where any person alleges at any time after thetaking down and removal of any unauthorizedstructure, house, hut, shed or other building asaforesaid, that any item of his possessions has beenlost, the onus shall lie on such person to prove beyondreasonable doubt, that the item was in his possessionimmediately prior to such taking down and removing,as the case may be.

(4B) Wherever in any proceeding in terms of thissection the question arises as to the existence of anunauthorized structure, house, hut, shed or otherbuilding which has been taken down and removed, aCertificate under the hand of the Director-General shallbe admissible in evidence and shall be prima facieevidence thereof.”.


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29. The following new section is hereby insertedimmediately after section 31B of the principal enactmentand shall have effect as section 31BB, of that enactment :

31BB (1). The provisions of sections 31A

and 31B shall mutatis mutandis apply inrelation to the mining, collecting, possession,processing, storing, burning and transportingof sea coral within or outside the Coastal Zone.

(2) In any prosecution if the question arisesas to whether the article being mined, collected,possessed, processed, stored, burnt andtransported was sea coral, then a Certificateunder the hand of the Director-General to thateffect shall be admissible in evidence and shallbe prima facie evidence of the facts statedtherein.”.

30. Section 31E of the principal enactment is herebyrepealed and the following section substituted therefor :—

31E. (1) Any police officer shall have thepower to—

(a) stop and examine any vehicle, vessel,boat or craft transporting or suspected oftransporting sand or sea shells ;

(b) enter and inspect any premises on whichsand or sea shells are stored.

(2) The onus of proving that such sand orsea shells were obtained lawfully shall be onthe person transporting or storing, as the casemay be, such sand or sea shells. Any personwho is unable to furnish proof that thetransporting or storing was lawful, shall beguilty of an offence.”.

Insertion of newsection 31BB inthe principalenactment.

“Sea Corals.

Replacement ofsection 31F ofthe principalenactment.

“Transportand storageof sand orsea shells.


31. Section 31F of the principal enactment is herebyamended as follows :—

(1) by the renumbering of that section as subsection(1) thereof ;

(2) in the renumbered subsection (1) by the substitutionfor the words “credited to the Police Reward Fundestablished under the Police Ordinance, fifty percentum” of the words “established a Fund calledthe “Coastal Protection Reward Fund” (hereinafterreferred to as “the Fund”) to which shall be creditedall fines recovered under this Act and all sums ofmoney realized by the disposal of articles forfeitedunder the provisions of this Act.” ; and

(3) by the addition immediately after the renumberedsubsection (1) of the following new subsections :—

“(2) The Director-General shall be responsiblefor the administration of the Fund and for themaintenance of the accounts of the Fund. TheAuditor-General shall annually audit the accountsof the Fund.

(3) The Director-General may, with theconcurrence of the Secretary to the Ministry ofthe Minister to whom the subject of CoastConservation and Coastal Resource Managementis assigned, and of the Secretary to the Ministry ofthe Minister to whom of the subject of Finance isassigned, pay a reward to any person eligible toreceive the same. The Minister shall from time totime issue guidelines designed to assist in thedetermination of the qualifications for eligibilityand other criteria governing the payment of anysuch reward.”.

Amendment ofsection 31F ofthe principalenactment.


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32. The following new sections are hereby insertedimmediately after section 31F of the principal enactmentand shall have effect as sections 31G and 31H of thatenactment :—

31G. (1) No person shall, within the CoastalZone, fill any land or any water body without apermit issued in that behalf by the Director-General.

(2) The Director-General may, by givingnotice to the person or persons acting incontravention of the provisions of subsection(1) direct such person or persons to forthwithremove the substance or matter used for fillingup the land or water body in question fromsuch land or water body and restore the land orwater body to the condition it was in prior tosuch filling, within such time as the Director-General may specify in such notice.

(3) Any person aggrieved by the directionof the Director-General made under subsection(2) may, within three days of the date of thenotice being served on him, appeal therefromto the Secretary to the Ministry of the Ministerto whom the subject of Coast Conservationand Coastal Resource Management is assigned.The decision of the Secretary on any suchappeal shall be final.

(4) On receipt of an appeal under subsection(3), the Secretary shall forthwith require theDirector-General to forward all relevantdocuments and files to him. It shall be the dutyof the Director-General to forward, within sevendays of such a request, all relevant documentsand files if any, to the Secretary. The Secretarymay, where he is of the opinion that it is

Insertion of newsection 31G and31H and 31I inthe principalenactment.

“Filling ofland or waterbodieswithout apermit to bean offence.


essential in order to arrive at a decision, givethe appellant an opportunity to be heard inperson.

(5) The Secretary shall make his decisionon such appeal within thirty days of the receiptof the appeal and inform both the Director-General and the appellant of his decision. Itshall be the duty of the Director-General togive effect to such decision. The decision ofthe Secretary on any such appeal shall be final.

(6) No person on whom a direction has beenserved under subsection (2), or who hasappealed against the order under subsection(3), shall continue to fill any land or water body.

(7) Any person who contravenes theprovisions of subsection (6) shall be guilty ofan offence and shall on conviction aftersummary trial before a Magistrate be liable toa fine not less than fifty thousand rupees andnot exceeding five hundred thousand rupees,or to imprisonment of either description for aterm of not less than one year and not exceedingthree years or to both such fine andimprisonment.

(8) Where any person or persons fails toremove the substance or matter used for fillingup the land or water body in question fromsuch land or water body and restore the land orwater body to the condition it was in prior tosuch filling, within such time as the Director-General had specified in the notice undersubsection (2) or as specified by the Secretarywhen rejecting the appeal, the Director-Generalshall cause the substance or matter to beremoved from the land or the water body as the


30

case may be, and the total cost of the removalof the substance and matter used for filling theland or the water body as the case may be, shallbe recovered from such person as a debt due tothe State.

(9) Wherever in any proceeding in terms ofthis section the question arises as to theexistence of a land or water body which hasbeen filled and from which the substance ormatter used for filling has subsequently beenremoved, a Certificate under the hand of theDirector-General shall be admissible inevidence and shall be prima facie evidencethereof.

31H. No bail shall be allowed by a Magistrateduring the continuance of any proceedings inrespect of an offence under this Act :

Provided however that the High Court ofthe Province established under Article 154G ofthe Constitution may, for exceptionalcircumstances shown to the satisfaction of theCourt, allow bail to an accused person inrespect of on offence under this Act.”.

33. Section 35A of the principal enactment is herebyamended by the repeal of subsection (1) of that section andthe substitution therefor of the following subsections :—

“(1) A police officer may without an order from aMagistrate and without obtaining a warrant, arrest anyperson reasonably suspected of having been concernedin, or connected with, the commission of an offenceunder this Act, punishable with imprisonment for aterm exceeding six months.”

Bail not to beallowed.

Replacement ofsection 35A ofthe principalenactment.


34. The following new sections are hereby insertedimmediately after section 35A of the principal enactmentand shall have effect as section 35AA and 35AAA of thatenactment :—

35AA. Every offence under this Act shall bea cognizable offence within the meaning, andfor the purposes of the Code of CriminalProcedure Act, No. 15 of 1979 and theprovisions of such Act shall apply accordingly.

35AAA. No civil or criminal action shall beinstituted against a police officer acting underthe provisions of this Act, for any lawful actwhich is done or purported to be done in goodfaith by such police officer in pursuance of hisduties under this Act.”.

35. In the event of any inconsistency between the Sinhalaand Tamil taxts of this Act, the Sinhala text shall prevail.

36. Section 42 of the principal enactment is herebyamended as follows :—

(1) by the insertion immediately after the definition ofthe expression “coast conservation” of thefollowing new definitions :—

‘ “coastal access” means the right of the public, toapproach, enter or use an approach to enterinto, or to go along a coastal margin in aphysical and visual sense and also includesaccess along the shoreline, usually a strip ofland parallel to the waters edge or path ortrail which runs parallel to or along, theshoreline, path or trail which connects thenearest public roadway with a shorelinedestination along a reasonable direct route

Insertion of newsections 35A and35AAA in theprincipalenactment.

“Offencesunder the Actto becognisableoffences.

Immunityfrom suit.

Sinhala text toprevail in caseof inconsistency.



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or access to the shoreline from a public roadto the Mean High Water Level ;

“coastal resource” includes all living and non-living resources found within the CoastalZone ;

“management” means the managing of renewableand non-renewable coastal resources, eitherseparately or in an integrated fashion butexcluding fisheries and aquatic resourceswhich fall within the provisions of theFisheries and Aquatic Resources Act, No. 2of 1996 ;”;

(2) in the definition of the expression “Coastal Zone”by the substitution for the words “any other bodyof water so connected to the sea;” of the words “anyother body of water so connected to the sea, andshall also include the area lying within a furtherextended limit of one hundred metres inland fromthe Zero Mean Sea Level along the periphery ;”;

(3) by the insertion immediately after the definition ofthe expression “foreshore” of the following newdefinition :—

“initial environmental examination report” meansa written report wherein possible impacts ofthe development activity on the environmentshall be assessed with a view to determiningwhether the impacts are significant andtherefore requires the preparation of anenvironmental impact assessment report.Such report shall contain all details anddescriptions, data maps, designs and otherinformation which is relevant to thedevelopment activity ;”;


(4) by the insertion immediately after the definition ofthe expression “straight base line” of the followingnew definition :—

‘ “sustainability” is the alternative to resourcedepletion caused by excessive exploitationfor short term profit and implies the need forthe wise use and careful management ofindividual species and communities, togetherwith the habitats and ecosystems on whichthey depend, so that their current or potentialuse to people is not impaired’; and

(5) by the insertion immediately after the definition ofthe expression “public corporation” of thefollowing new definition :—

‘ “water body” includes rivers and any other bodyof water so connected to the sea, marshes,mudflats, lagoons and mangrove swamps ;’.

37. The Sri Lanka Land Reclamation and DevelopmentCorporation Act, No. 15 of 1968 and the Board of Investmentof Sri Lanka Law, No. 4 of 1978 are hereby amended in thesections set out in Column I of the Schedule to this Act, tothe extent and in the manner set out in the correspondingentry in Column II of the said Schedule.

Amendment tothe Sri LankaLandReclamation andDevelopmentCorporation Actand the Board ofInvestment ofSri Lanka Law.


34

SCHEDULE (Section 37)

AMENDMENTS TO THE SRI LANKA LAND RECLAMATION AND DEVELOPMENT

CORPORATION ACT, NO. 15 OF 1968

EXTENT OF AMENDMENT

by the addition immediately after subsection (4) ofthat section of the following new subsection :—

“(5) Nothing contained in this Act shall be deemedto confer on the Minister the power to declare anyarea within the Coastal Zone as a “Reclamation andDevelopment Area” without the concurrence of theMinister to whom the subject of Coast Conservationand Coastal Resource Management is assigned.

In this subsection “Coastal Zone” shall have thesame meaning as is assigned to it in the CoastConservation and Coastal Resource Management Act,No. 57 of 1981.”.

by the repeal of paragraph (BB) of subsection (1) ofthat section and the substitution therefor of thefollowing paragraph :—

“(BB) to construct harbours and anchorages andto undertake work in the field of irrigation,in such Areas ;”.

Column I

Section 2

Section 9

Column II

Section


AMENDMENTS TO THE BOARD OF INVESTMENT OF SRI LANKA

LAW, NO. 4 OF 1978

EXTENT OF AMENDMENT

by the repeal of the proviso to paragraph (b) ofsubsection (1) of that section and the substitutiontherefor of the following proviso :–

“Provided however that no by-law, regulation,order or notification shall be made or issued by theBoard in terms of the provisions of the NationalEnvironmental Act, No. 47 of 1980, and no poweror function shall be exercised or discharged by theBoard under the aforesaid Act, except in consultationwith and after having obtained the concurrence of,the Central Environmental Authority establishedunder the National Environmental Act, No. 47 of1980 or the Director-General of Coast Conservationand Coastal Resource Management, appointed underthe Coast Conservation and Coastal ResourceManagement Act, No. 57 of 1981.”.

by the repeal of the proviso to subsection (2) of thatsection and the substitution therefor of the followingproviso :—

“Provided that no power, duty or function underthe National Environmental Act, No. 47 of 1980 orthe Coast Conservation and Coastal ResourceManagement Act, No. 57 of 1981 shall be exercisedor discharged by Board under the aforesaid Act,except in consultation with and after having obtainedthe concurrence of the Central EnvironmentalAuthority established under the NationalEnvironmental Act, No. 47 of 1980 or the Director-General of Coast Conservation and Coastal ResourceManagement, appointed under the Coast Conservationand Coastal Resource Management Act, No. 57 of1981.”.

Section

Section 20

Column I Column II

Section 20A


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