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斯里兰卡海岸保护法
COAST CONSERVATION ACT
【发布部门】斯里兰卡国会 【发文字号】
【发布日期】1988年12月17日 【实施日期】1981年09月11日
【时效性】现行有效 【效力级别】法律
【法规类别】斯里兰卡法规规划 【来源】联合国粮农组织网站

斯里兰卡海岸保护法

【法律沿革】

本法于1981年9月11日颁布实施,1988年12月17日修改。

【内容介绍】

本法共42条,五部分,规定了海岸带的调查,以及海岸带管理计划的实施准备;规范和控制海岸带的开发活动;规范海岸带内海岸保护工作计划的制定和执行;对某些成文法进行间接的修改等。

【内容出处】

http://www.fao.org/faolex/results/details/en/c/LEX-FAOC005289


海岸保护法(COAST CONSERVATION ACT)


No. 57 OF 1981

 

1. This Act may be cited as the Coast Conservation Act, No.57 of 1981, and shall come into operation on such dateas the Minister mayappoint by Order published in theGazette (hereinafter referred to as the"appointed date").

 

PART I

ADMINISTRATION

2. The administration, control, custody and managementofthe Coastal Zone are hereby vested in the Republic.

3. For the purposes of this Act-

(a) there shall be appointed a Director of Coast Conservation(hereinafterreferred to as "the Director") ;

(b) there may be appointed~

(i) such number of Deputy Directors and Assistant Directors; and

(ii) such other officers,as may be necessary to assistthe Director in the administration and implementation of the provisions of thisAct.

4. The Director shall be responsible--

(a) for the administration and implementation of the provisions of this Act;

(b) for the formulation and execution of schemes of workfor coast conservationwithin the Coastal Zone; and

(c) for the conduct of research, in collaboration withother departments,agencies and institutions for the purpose of coast conservation.

5. The Government Agent of any administrative district withinwhich any part of the Coastal Zone is situated may, upon an authorization inwriting by the Director and subject to the general direction and control of theDirector, Exercise, perform and discharge within that administrative district,all or any of the powers, duties and functions conferredor imposed on, orassigned to, the Director by Part III of this Act.

6. There shall be established a CoastConservationAdvisory Council (hereinafter referred to as "the Council") consisting of the following members:-

(a) the person for thetime being holding the office of the Secretary to the Ministry of the Ministerincharge of the subject of Coast Conservation, who shall be the Chairman of theCouncil ;

(b) a senior officer of the Ministry of the Minister in chargeof the subject of Tourism nominated by suchMinister;

(c) a senior officer ofthe Ministry of the Minister incharge of the subject of Shipping nominated by suchMinister ;

(d) a senior officer ofthe Ministry of the Minister incharge of the subject of Local Governmentnominated by such Minister;

(e) a senior officer of the Ministry of the Ministerincharge of the subject of Home Affairs nominated by such Minister;

(f) a senior officer of the Ministry of the Ministerincharge of the subject of industries nominated bysuch Minister ;

(g) the person for thetime being holding the office of the Director, who shall act as Secretary totheCouncil ;

(h) the Director of the body or other personresponsiblefor aquatic resources, research and development;

(i) the person for the time being holding the office ofthe Land Commissioner or his representative;

(j) the person for the time being holding the office ofthe General Manager ofthe Urban DevelopmentAuthority established by the Urban Development AuthorityLaw, No. 41 of 1978, or his representative;

(k) the person for the time being holding the office of the Director ofIrrigation or his representative;

(l) three other members appointed by the Minister, one of whom shall be amember of the academic staff of one of the Universities in Sri Lanka, one ofwhom

shall be representative of thevoluntary organizations concerned with the coastal environment andone of whomshall be representative of the fishing industry.

A member appointed under this paragraph ishereinafterreferred to as an " appointed member ".

7. The functions of the Council shall be to-

(a) advise the Minister on all development activitiesproposed to be commenced in the Coastal Zone;

(b) review the Coastal Zone Management Plan preparedinaccordance with the provisions of Part II ofthis Act and furnish recommendations,if any,thereon to the Director;

(c) review theenvironmental impact assessments furnishedto the Director in connection withapplicationsfor permits under section 14, and make commentsif any, thereon tothe Director;

(d) inform the Directorof the need for schemes of workwithin the Coastal Zone, whenever such needarises;

(e) advise the Ministeror the Director, as the case maybe, on any other matter relating to coastconservationthat may be referred to the Council by theMinister or the Director,as the case may be.

8. (1) Every appointed member of the Council shall holdoffice for a period of three years, unless he earlier vacates office by death,resignation or removal.

(2) The Minister may, if he considers it expedient todoso, by Order published in the Gazette, remove from officeany appointedmember of the Council without assigning anyreason therefor and such removalshall not be called inquestion in any court.

(3) An appointed member may at any time resign hisofficeby letter to that effect addressed to the Minister.

(4) If an appointed member of the Council dies orresignsor is removed from office, the Minister may, having regardto theprovisions of paragraph (l) ofsection 6, appointany other person to be a member in place of the memberwho dies,resigns or is removed from office.

(5) A member who has been appointed under subsection (4)shall, unless he earlier vacates his office by death, resignationor removal,hold office for the unexpired period ofthe term of office of his predecessor.

(6) Where an appointed member of the Council is byreasonof illness, infirmity or absence from Sri Lankafor a period of not less thanthree months, temporarily unable to perform the duties of his office, it shallbe the duty of such member to so inform the Minister in writing.The Ministermay, having regard to the provisions of paragraph (1) of section 6, appoint another person to act in theplace ofsuch member.

(7) Any appointed member of the Council who vacatesofficeother than by removal shall be eligible for reappointment.

9. No act or proceeding of the Council shall be invalidbyreason only of the existence of any vacancy in the Councilor any defect in theappointment of a member of the Council.

10. (1) A meeting of the Council shall be held atleastonce in every two months.

(2) The Chairman or in his absence, the Director or inthecase of the absence of both, a member elected by themembers present, shallpreside at meetings of the Council.

(3) All questions for decision at any meeting of theCouncilshall be decided by the vote of a majority of the .memberspresent. Inthe case of an equality of votes, the memberpresiding shall have a castingvote.

(4) The quorum for any meeting of the Council shallbeseven members and subject to the provisions of this section, the Council mayregulate its own procedure.

PART II

COASTAL ZONEMANAGEMENT

11. (1) As soon as practicable after the appointed date, theDirector shall cause a survey to be made of the CoastalZone and shall prepare areport based on the results of suchsurvey. The report shall include--

(a) an inventory of allstructures, roads, excavations,harbours, outfalls, dumping sites and otherworkslocated in the Coastal Zone;

(b) an inventory of allcoral reefs found within theCoastal Zone ;

(c) an inventory of allcommercially exploitable mineraldeposits, both proven and suspected, locatedwithinthe Coastal Zone;

(d) an inventory of allareas within the Coastal Zone of religious significance or of unique scenicvalue orof value for recreational purposes, including thoseareas most suitablefor recreational bathing ;

(e) an inventory of allestuarine or wetland areas withinthe Coastal Zone with an indication of theirsignificanceas fisheries or wildlife habitat;

(f) an inventory of all areas within the Coastal Zonesofspecial value for research regarding coastalphenomena, including fisheriesand shell fisheries,sea erosion. littoral movements and relatedsubjects;

(g) an inventory of all areas within the Coastal Zonefromwhich coral, rand, sea shells or other substancesare regularly removed forcommercial orindustrial purposes;

(h) an assessment of the impact of sea erosion on theCoastal Zone including aquantified indication, bygeographical location, of the amount of landlostthereby, an estimate of the economic cost of suchloss and the extent towhich human activity hascontributed to such loss :

(i) an estimate of the quantities of sand, coral, sea shellsand othersubstances being removed from theCoastal Zone, together with an estimate oftheextent to which such quantities can be suppliedfrom other sources or othermaterials and an analysis of the economic practicability of doing so ;and

(j) a census, classified by geographical areas, andbyactivity, of all workers currently engaged on aregular basis in the removalof coral, sand, seashells or other substances from the Coastal Zoneand a censusof the dependants of such workers andestimate of the per capita income obtained fromthese activities.

(2) In preparing the report under subsection (1), the Directorshall have regard to relevant data and information collected or compiled byGovernment departments, institutions and other agencies, and it shall be theduty of the heads of such departments, institutions and agencies to furnish anysuch data or information as may be reasonably required by the Director for thepurpose of preparing such report.

12. (1) The Director shall, not later than three years afterthe appointed date, submit to the Council a comprehensive Coastal ZoneManagement Plan (herein after referred to as "the Plan"), based onthe results of thesurvey made in pursuance of section 11. The Plan shall include-

(a) the guidelines to beused in determining the suitability of particular development activities intheCoastal Zone;

(b) proposals which dealwith the following subjects:-

(1) land use;

(ii) transport facilities;

(iii) preservation and management of the scenic andothernatural resources;

(iv) recreation and tourism;

(v) public works and facilities, including waste disposalfacilities, harbours and powerplants;

(vi) mineral extraction;

(vii) living resources;

(viii) human settlements;

(ix) agriculture; and

(x) industry, within the Coastal Zone;

(c) proposals for thereservation of land or water in theCoastal Zone for certain uses, or for theprohibitionof certain activities in certain areas of the CoastalZone;

(d) a comprehensiveprogramme for the utilization. Ofmanpower displaced as a direct result ofmoreeffective Coastal Zone regulation; and

(e) recommendations forstrengthening Governmentalpolicies and powers and the conduct of researchforthe purposes of coast conservation.

(2) The Council shall, within sixty days of the Planbeingsubmitted to it by the Director, make modifications, if any, to the Plan andsubmit the Plan to the Ministerfor provisional approval.

(3) Upon the submission of the Plan to the Ministerundersubsection (1), he shall make it available for publicinspection. Any personmay, within sixty days of the dateon which the Plan is made available forpublic inspection, submit any comments thereon to the Minister in writing.

(4) At the end of the period of sixty days referred toin.subsection (3), the Minister may provisionally approvethe Plan subject to suchmodifications, if any, as he mayconsider necessary having regard to anycomments submitted to him under that subsection and shall submit the Plan tothe Cabinet of Ministers for final approval. Uponthe approval of the Plan bythe Cabinet of Ministers, theMinister shall cause the Plan to be published inthe Gazette.

The Plan shall come into operation on the date of such publicationor on such later date as may be specified therein.

(5) The Plan shall be revised during the period of four yearscommencing from the date of coming into operation of the Plan and within aperiod of four years from the dateof every revision of the Plan and theprovisions of subsections(2), (3) and (4) shall, mutatis mutandis, applyinrespect of every such revision.

(6) The Minister may, on the recommendation of the Council,make such regulations as may be necessary to give effect to any of theprovisions of the Plan including regulations regulating the use of theforeshore by members of the public, or any development activity within theCoastal Zone.

(7) The Minister may make such regulations as may be necessaryto give effect to any of the provisions of the Plan including regulationsrestricting and controlling the useof the foreshore by members of the public orprohibiting or controlling any development activity within the CostalZone.

13. The Minister may, having regard to the longtermstability, productivity and environmental quality of the Coastal Zone,prescribe the criteria to be used in determining whether a permit should beissued under section 14 uponan application made in the behalf to the Directorafter the appointed date and prior to the date of coming into operation of thePlan.

PART III

PERMIT PROCEDURE

1-L (1) Notwithstanding the provisions of any other law, noperson shall engage in any development activity otherthan a prescribeddevelopment activity within the CoastalZone except under the authority of apermit issued in that behalf by the Director.

(2) The Minister may, having regard to the effect ofthosedevelopment activities on the long term stability, productivity andenvironmental quality of the CoastalZone, prescribe the categories ofdevelopment activity whichmay be engaged in within the Coastal Zone without a permitissued under subsection (1).

(3) An application for a permit to engage in any developmentactivity within the Coastal Zone shall bemade to the Director in the prescribedmanner, Every such application shall be in the prescribed form, shall contain theprescribed particulars and be accompanied by the prescribed fee.

15. No permit shall be issued by the Director under this Partunless the proposed development activity-

(a) is consistent withthe Coastal Zone Management Planand any regulations made to give effect tosuchPlan, or if the application is received prior to thedate of coming into operationof such Plan,satisfies the criteria prescribed under section 13, and

(b) will not otherwisehave any adverse effect on the estability, productivity and environmentalquality of the Costal Zone.

16. (1) Upon receipt of an application for a permit to engagein a development activity within the Coastal Zone,the Director may require theapplicant to furnish an environmental impact assessment relating to suchdevelopment ctivity and it shall be the duty of the applicant tocomply withsuch requirement. Every environmental impact assessment furnished under thissection shall contain such particulars as may be prescribed.

(2) The Director shall, on receipt of an environmental impactassessment furnished to him by an applicant incompliance with any requirementimposed on such applicant tunder subsection (1)-

(a) submit a copy of such assessment to the Council forits comments, if any;and

(b) by notice published in the Gazette,notify the placeand times at which such assessment will be availableforinspection by the public, and invite the public to make its comments, if any,thereon.

(3) (a)The Council shall, within sixty days of an environmentalimpact assessment being submitted to itunder subsection (1), make its comments,if any, there onto the Director,

(b) Any member of the public may within thirty daysof the date on which anotice under paragraph (b) of sub-section (2) relating to suchassessment is published in the Gazette make his comments, if any, thereon tothe Director.

(4) In deciding whether to issue a permit under section14authorizing a person to engage in a development activity within the CoastalZone, the Director shall have regard toany comments made under subsection (3)on the environmental impact assessment, if any, relating to such activity andany development projects commenced by the Urban Development Authority in anyarea declared to be anurban development area under the provisions of the UrbanDevelopment Authority Law, No. 41 of 1978.

(5) The Director shall, within sixty days of the receipt byhim of any comments made under subsection (3), makethe decision referred to insubsection (4).

17. The Director may attach to any permit issuedunderthis Part, such conditions as he may consider necessary forthe propermanagement of the Coastal Zone, having regardto the Coastal Zone Management Plan,or to any schemeof work for coast conservation.

18. (1) A permit issued under section 14 shall remaininforce for such period as the Director may specify therein.

(2) The holder of a permit may, not less than onemonthprior to the date of expiration of such permit, apply for a renewal ofsuch permit. An application for renewal of apermit shall be in the prescribedform and shall be accompanied by the prescribed fee.

(3) Where the holder of a permit desires to transferthepermit to another person, such holder may apply to the Director forpermission to effect such transfer, and the Director may by order permit suchtransfer subject to the payment of the prescribed fee.

19. The Director may make an order varying the conditionsattached to any permit issued under section 14 orrevoking such permit if he issatisfied that-

(a) the permit-bolder has contravened any of the conditions attached to suchpermit; or

(b) such variation or revocation is necessary as expedient for the propermanagement of the Coastal Zone.

An order of the Director varying the conditions attached toa permit issued under section 14 or revoking such permit shall state thegrounds therefor, and the Director shall cause a copy of such order to beserved on the permit-holder.

20. (1) Where any condition attached to a permitissuedunder section 14 requires the execution by the permit-holder, of a schemeof work and where the permit-holder

fails to execute such scheme, the Director may, bynoticein writing, require the permit-holder to execute within suchperiod as maybe specified in such notice, such scheme.

(2) Where a person on whom a notice is issued under subsection(1) fails to execute the scheme of work referred to in such notice within theperiod specified therein. The Director may, after offering that person anopportunity to show cause, execute such scheme and shall be entitled to recoverthe costs thereof from such person.

21. Any person aggrieved by an order of the Directorrefusing to issue a permit under section 14, or an order under subsection (3)of section 18 refusing to permit the transferof any such permit or an orderunder section 19 varying the conditions attached to any such permit or revokingany such permit or requirement imposed by the Director under subsection (1) ofsection 20 may, within thirty days of theelate of the notice imposing suchrequirement or such order,at the case may be, appeal there from to theSecretary to theMinistry of the Minister in charge of the subject of Coast Conservation.The decision of the Secretary on any such appeal shall be final.

22. Nothing in this Part of this Act shall be read and construedas requiring a person to obtain a permit undersection 14 for the maintenance ordredging of existing navigation channels if the dredged spoils are deposited indisposal areas approved by the Director.

PART IV

GENERAL

23. (1) Notwithstanding anything in section 14, whereanyperson who was engaged, on the day immediately preceding the appointed date, inany development activitywithin the Coastal Zone, being an activity which waslawfulaccording to the law in force on that date makes, withintwenty days ofthe appointed date, an application for apermit under section 14 in respect ofthat activity, it shallbe lawful for such person to engage in that activityuntil the determination of that application.

(2) Where an application made by a person referred toinsubsection (1) for a permit under section 14 is refused bythe Director and suchperson is compelled, in consequenceof such refusal, to abandon any equipment orfixtures usedfor, or in connection with, the development activity inrespect ofwhich that application was made, such personshall be entitled to reasonablecompensation for the equipment or fixtures so abandoned.

24. (1) The Director or any officer authorized by himinwriting, may issue permits subject to such conditions as hemay impose havingregard to the Plan, for the occupation,for any period not exceeding threeyears, of any part ofthe foreshore or bed of the sea lying within the CoastalZone.

(2) The Director may, after such inquiry as he maydeemnecessary, cancel any permit if he is satisfied that thepermit-holder hascontravened any of the conditions attachedto such permit.

(3) Any person aggrieved by an order of the Director orofany officer authorized in writing by the Director refusingto issue a permitunder subsection (1) or cancelling apermit under subsection (2) may appealtherefrom to theSecretary to the Ministry of the Minister in charge of the subjectof Coast Conservation. The decision of the Secretary on any such appeal shallbe final.

25. (1) Where the Director finds that the quality ofthewater in the Coastal Zone or the stability of the CoastalZone is beingadversely affected by the intrusion of anywaste or foreign matter or byphysical activity, he shall-

(a) if the source of suchwaste or foreign matter iswithin the Coastal Zone or if such activity lies withinthe Coastal Zone, require, by a notice in writing, the person responsibletherefor to take such corrective measures as are specified in such notice or todesist from such activity; and

(b) if the source of suchwaste or foreign matter, or if such activity, is not within the Coastal Zone,request the appropriate local authority or agency to take such measures as maybe necessary to prevent such intrusion or activity.

(2) A local authority or agency to which a request is madeby the Director under paragraph (b) of subsection (1) shall take all stepswithin its power to comply with such request, If a local authority is unable tocomplywith any such request, it may notify the Director accordingly and uponsuch notification the Director shall take such measures as may be necessary toprevent such intrusion or activity.

26. It shall be lawful for the Director or anyofficergenerally or specially authorized by him in writing, at any reasonabletime to enter upon any land within the Coastal Zone and then do such acts asmay be reasonably necessaryfor the purpose of executing any scheme of work orof as certaining whether the conditions attached to any permit issued underthis Act are being or have been compliedwith or of making any survey,examination or investigation,preliminary or incidental to the exercise of anypower orthe discharge of any function under this Act, or any regulations madethereunder.

27. The Director may, by a notice in writing, require anyperson engaged in any development activity within the Coastal Zone under theauthority of a permit issued under this Act, to furnish him with such returnsand information as may be prescribed and it shall be the duty of such person tocomply with the requirements of such notice.

28. (1) Any person who acts in contravention of theprovisions of section 14 shall be guilty of an offence under this Act and shallon conviction, after summary trial before a Magistrate, be liable in the caseof a first offence,to a fine not less than five hundred rupees and not exceedingtwenty-five thousand rupees or to imprisonment of either description to a termnot exceeding cne year orto both such fine and imprisonment, and in the caseofa second or subsequent offence, a fine of not less than one thousand rupeesand not exceeding fifty thousand rupeesor to imprisonment of either descriptionfor a term not exceeding two years, or to both such fine and imprisonment.

(2) Upon the conviction of any person of an Offence undersubsection (1), the Magistrate may make order declaring that any vessel, craft,boat, vehicle, equipmentor machinery used in, or in connection with, thecommission of that offence together with any article or substance found onboard such vessel, craft, boat or vehicle shall be forfeited. Upon such order,the property referred to in the order shall vest absolutely in the State. Suchvesting shall take effect-

(a) after the expiration of the period within which an appealmay be preferred to the Court of Appeal against the order of forfeiture; or

(b) where an appeal has been prefered to the Court of Appealagainst the order of forfeiture, upon the determination of the appealconfirming or up holdingthe order of forfeiture:

Provided, however, that .the Court may make order releasingany vessel, craft, boat, vehicle, equipment, machinery, article or substance ifit is proved that suchvessel, craft, boat, vehicle, equipment, machinery, articleor substance belongs to a person other than the person convicted of the offenceand that other person satisfie sthe court that he had no knowledge that it wouldbeusedin, or in connection with, the commission of the offence.

29. (1) Any person who—

(a) fails to comply with the requirements ofa notice sentby the Director under paragraph (a) of subsection (1) of section 25;

(b) resists or obstructsthe Director or any officer inthe exercise of any power conferred on theDirectoror such officer;

(c) fails to comply withthe requirements of a noticeissued under section 27;

(d) makes any statement, which to his knowledge is falseor incorrect, in any return or information furnished by him in compliance witha notice issued by the Director under section 27, shall be guilty of an offenceunder this Act and shall onconviction, after summary trial before a Magistrate,beliable to a fine of not less; than one thousand five hundred rupees and notexceeding twenty-five thousand rupees orto imprisonment of either descriptionfor a term not exceeding six months or to both such fine and imprisonment.

30. (1) Every person who is guilty of an offence under thisAct, shall, in addition to the fines prescribed under sections 28 and 29, beliable to a fine not exceeding five hundred rupees for each day on which theoffence is continued after conviction.

(2) This Act shall be deemed to be an enactment enumeratedin the Schedule to the Informers Reward Ordinance.

31. (1) No person shall, with effect from the appointed date,erect or construct any unauthorized structure, house, hut, shed or otherbuilding on any part of the Coastal Zone.

(2) The Director may, by giving notice to the owner or occupier,as the case may be, by affixing a notice to some conspicious part of suchstructure, house, hut, shedor other building, direct such owner or occupier totakedown and remove such unauthorized structure, house, hut, shed or otherbuilding within such time as the Directormay specify in the notice.

(3) Any person aggrieved by any direction of the Directormade under subsection (2) may, within three daysfrom the affixing of thenotice, appeal therefrom to theSecretary of the Ministry of the Minister in chargeof thesubject of Coast Conservation. The decision of the Secretaryon any suchappeal shall be final.

(4) Where any such structure, house, hut, shed or other buildingis not taken down and removed within the timespecified in the notice or withinsuch time as may bespecified by the Secretary when rejecting the appeal, the Directorshall cause the structure, house, hut, shed orother building to be taken downand removed, and theexpenses incurred by the Director in doing so, shallberecovered from the owner or the occupier as a debt due tothe State.

32. (1) The Minister may make regulations in respectofany matter for which regulations are authorized to bemade, or required to beprescribed under this Act.

(2) Every regulation made by the Minister shall bepublishedin the Gazette and shall come into operation onthe date of suchpublication or on such later date as maybe specified in the regulation.

(3) Every regulation made by the Minister shall, assoonas convenient after its publication in the Gazette, be brought beforeParliament for approval Any regulation which is not so approved shall be deemedto be rescinded as from the date of disapproval, but without prejudice to anythingpreviously done thereunder. Notification of the date on which any regulation isso deemed to be rescinded shall be published in the Gazette.

33. (1) Every permit issued by a Government Agent or prescribedofficer under section 62 of the Crown Lands Ordinance shall be deemed to be apermit issued under subsection(1) of section 24 of this Act.

(2) Every regulation made under section 59 of the Crown LandsOrdinance shall be deemed to be a regulation made under section 32 of this Act.

(3) Every licence granted under section 63 of the Crown LandsOrdinance shall be deemed to be a permit issued under section 14 of this Act.

34. Nothing in this Act shall be read and construed as derogatingfrom the powers or rights of the Republic, in orover, the Coastal Zone or soilof the Coastal Zone or the area of sea declared, under the Maritime Zones Law, No.22 of 1976, to be the territorial sea of Sri Lanka.

35. No suit, prosecution or other legal proceedingshallbe instituted against the Director, a Deputy Director, any AssistantDirector or any other officer for any act which ingood faith is done orpurported to be done by such Director,Deputy Director, Assistant Director orother officer underthis Act,or any regulations made thereunder.

PART V

AMENDMENT ANDMODIFICATION OF CERTAIN WRI'ITEN LAWS

36. (1) Where in any written law, there is provisionconferringor imposing on any person or authority, any poweror duty-

(a) to grant, in relationto the Coastal Zone, any permitor other authority authorizing any persontoengage in any development activity; or

(b) to formulate or execute, in relation to theCoastalZone, any schemes of work,

such provision shall be read and construed as enablingorrequiring that person or authority to exercise that poweror to perform thatduty only after consultation with theMinister, in charge of the subject ofCoast Conservation.

(2) The amendments made by sections 38, 39, 40 and 41ofthis Act shall be without prejudice to the generalityof the provisio.1S ofsubsection (1).

37. Section 56 of the Housing and TownImprovementOrdinance is hereby amended by the addition, at the endof thatsection, of the following new subsection:-

(4) Nothing in this section shall be read and construedasempower.ng the Minister to sanction any improvementscheme framed for any areawhich is situated within theCoastal Zone except after consultation with theMinister incharge of the subject of Coast Conservation.

In this subsection "the Coastal Zone" has thesamemeaning as in the Coast Conservation Act, 1981. '.

38. Section 29 of the Town and Country PlanningOrdinanceis hereby amended by the addition, at the end of thatsection, of thefollowing new subsection:--

 (3) The Ministershall not under section 25 or section28 provisionally approve or sanction anydraft schemewhich contains any provision relating to any area of landwhich issituated within the Coastal Zone, except afterconsultation with the Minister incharge of the subject ofCoast Conservation.

In this subsection "the Coastal Zone" has thesamemeaning as the Coast Conservation Act, 1981.'.

39. Sections 7 and 8 of the Tourist Development Act,No.14 of 1968, are hereby repealed.

40. Section 13 of the Mines and Minerals Law, No.4of1973, is hereby amended in subsection (1) of that sectionas follows:-

(a) in paragraph (iii) ofthat subsection, by' the suostitution,for the words" any local authority", of thewords" any local authority; and"; and

(b) by the addition, at the end of that subsection, ofthefollowing new paragraph:-

"(iv) without the approval of the Minister inchargeof Coast Conservation to mine orprospect for any mineral upon landsituatedwithin the Coastal Zone as defined in the Coast Conservation Act, 1981.”

41. The following new section is hereby insertedimmediately after section 11, and shall have effect as section 11A,of the SoilConservation Act:-

1lA. (1) Nothing in section 3 shall be readand construedas empowering the Ministerto make any Order under that section inrelation toany area of land situated withinthe Coastal Zone.

(2) Every Order under section 3 relating to any area ofland situated within the Coastal Zone and which is in operation onthe date ofcoming into force of this section shall be deemed to be revoked.

(3) Nothing in section 6 shall be read andconstrued asempowering the Minister to make regulations under that section to, or inrelationto, any land situated .within theCoastal Zone.

(4) Every regulation made under section6 and which is inoperation on the date ofcoming into force of this section shall bedeemed not toapply to, or in relation to,any land situated within the Coastal Zone.

In this section "the Coastal Zone" has thesamemeaning as in the Coast ConservationAct, 1981. '.

42. In this Act, unless the context otherwiserequire"coast" means the border of land which is adjacent tothe seaand not covered by sea water;

"coast conservation" means the protectionandpreservation of the coast from sea erosion or encroachment by the sea, andincludes the planning and management of development activity within the CoastalZone:

"Coastal Zone" means that area lying within alimit ofthree hundred metres landwards of the Mean HighWater line and a limitof two kilometres seawards of the Mean Low Water line and in the case ofrivers,streams, lagoons, or any other body ofwater connected to the sea eitherpermanently orperiodically, the landward boundary shall extend toa limit of twokilometres measured perpendicularto the straight base line drawn between thenatural entrance points thereof and shall include the waters of such rivers,streams and lagoons or any other body of water so connected to the sea;

"coastline”means the line of intersection of theplane ofwater at Mean Sea Level with the coast;

" development activity" means any activitylikely to alterthe physical nature of the Coastal Zone in any way,and includesthe construction of buildings andworks, the deposit of wastes or 'Othermaterial fromoutfalls, vessels or by other means, the removal ofsand, coral,shells, natural vegetation, seagrass orother substances, dredging and filling,land reclamationand mining or drilling for minerals, but doesnot includefishing;

"environmental impact assessment" means awritten analysis of the predicted environmental consequences of a proposeddevelopment activity, and includes a description of the avoidable andunavoidable adverse environmental effects of the proposed development activity,a description of alternativesto the activity which might be less harmful totheenvironment of the Coastal Zone, together with thereasons why suchalternatives were rejected, and adescription of any irreversible orirretrievable commitments of resources required by the proposed developmentactivity;

"foreshore" means that area of the shore of thesea between the Mean High Water and the Mean LowWater;

" land" includes the sea bed and anythingresting on the sea bed or shore of the sea;

"local authority" means any DevelopmentCouncil, Municipal Council, Urban Council, Town Councilor Village Council, andincludes any Authority created and established by or under any law to exercise,perform and discharge powers, duties and functions corresponding or similar tothe powers, duties and functions exercised, performed and discharged by suchCouncil;

"material" includes minerals, turf, seagrassand anyother vegetation;

"Mean High Water line" means plus 0.6 metresfrom theMean Sea Level;

"Mean Low Water line" means minus 0.6 metresfromthe Mean Sea Level;

"scheme of work" in relation to coastconservation or theCoastal Zone means any work of construction, alteration,demolition, excavation, reclamation, repair or maintenance and includesdredging and drilling, the removal or dumping of any materialor the sowing orplanting of vegetation, for the purpose of protecting the Coastal Zone fromseaerosion or encroachment by the sea, or for the development of the CoastalZone ;

"sea" includes the water of any channel, creek,bay,estuary or any river extending upon the furtherst point to which the tideflows;

"straight base line" means the base linespecified in the Proclamation made under section 2 of the MaritimeZones Law,No. 22 of 19;6, declaring the territorialsea of Sri Lanka, being the base linesfrom whichthe limits of such territorial sea are measured; and

"territorial sea" means the area of seadeclared to be the territorial sea of Sri Lanka by the Proclamation made underthe Maritime Zones Law, No. 22of 1976.

 

 

COAST CONSERVATION(AMENDMENT)ACT,1988

No. 64 OF 1988

1. This Act may be cited as the Coast Conservation (Amendment)Act, No. 64 of 1988.

2. Section 5 of the Coast Conservation Act, No. 57 of1981(hereinafter referred to as "the principal enactment"is herebyrepealed and the following section substituted therefor :-

5. The Government Agent of any administrative districtwithin which any part of the Coastal Zone is situated, or any otherpublicofficer who is entitled to a salary scale of Rs.24,000 per annum or aboveand whoseannual increment is Rs600 or more, may,upon an authorization inwriting in that behalf by the Director and subject to the general direction andcontrol of the Director,exercise, perform and discharge within that administrativedistrict, all or any of thepowers, duties and functions conferred orimposed on,or assigned to, the Director by Part III of this Act.

3. Section 10 of the principal enactment is herebyamendedby the repeal of subsection (1) thereof, and the substitution there for, of thefollowing subsection:-

“(1) A meeting of the Council shall be held at leastoncein every six months.".

4. The following new section is hereby insertedimmediately after section 27 of the principal enactmnet, and shall have effectas section 27A of that enactment:-

27A. (1) Where any vehicle, vessel, boat, craft,machinery or equipment is used byany person in contravention of the provisionofsubsection (1) of section 14, any policeofficer shall have the power to seizeany suchvehicle, vessel. boat, craft, machinery or other equipment along withany article orsubstance found thereon.

(2) No vehicle, vessel, boat, craft, machineryorequipment seized under the provisions of subsection (1), shall bereleasedunless an order of court, permitting suchrelease has been obtained.".

5. Section 28 of the principal enactment is herebyamendedby the repeal of subsection (2) of that sectionand the substitution therefor,of the following subsections: -

(2) Upon the conviction of any person for an offenceunderthe provisions of subsection (1) the Magistrate maymake order declaring that-

(a) any substance or article which is not theproperty ofthe State in respect of whichsuch offence has been committed; and

(b) all vehicles, vessels, boats, crafts, machinery andother equipment used in, or in connection with, the commission of such offence (whethersuch vehicles, boats, crafts, machinery are owned by such person or not),shallbe forfeited to the State.

(3) Any property forfeited to the State under subsection (2)shall-

(a) if no appeal has been preferred to the Courtof Appealagainst the relevant conviction,vest absolutely in the State with effectfromthe date on which the period prescribed forpreferring an appeal againstsuch convictionexpires;

(b) if an appeal has been preferred to the Courtof Appealagainst the relevant conviction,vest absolutely in the State with effect from thedate on which such conviction is affirmed on appeal.

In this subsection "relevant conviction" means theconviction in consequence of which any property is forfeited to the State undersubsection (1) :

Provided however, that the court may make orderreleasingany substance or article in respect ofwhich the offence has been committed, oranyvehicle, vessel, boat, craft, machinery and equipment used in or inconnection with the offence. Ifit is proved that such substance, article,vehicle, vessel, boat, craft, machinery and equipment belongs to a person otherthan the person convicted of the offence and that other person satisfies the courtthat he had no knowledge that it would beused in respect of the offence, or inconnection with the commission of the offence.".

6. Section 29 of the principal enactment is herebyamendedby the insertion immediately after paragraph (d) thereof, of the following newparagraph:-

“(e) contravenes the provisions of section 3IA (1) or31c.".

7. Section 31 of the principal enactment is herebyamendedby the addition at the end of that subsection, ofthe following newsubsections:-

“(5) Where the Director is unable, or apprehends that hewill be unable, to proceed with the taking down and removal of any structure, house,hut, shed or other building as herein before provided, because of anyobstruction or resistance which has been, oris likely to be offered. theDirector shall on makingan application in that behalf to the Magistrate's Courthaving judisdiction over the place where thestructure, house, hut, shed orother building issituated be entitled to an order of that court directing theFiscal to take down and remove such structure, house, hut, shed or otherbuilding as the case may be.

(6) Where an order under subsection (1) is issued totheFiscal by a Magistrate's Court, he shall forth with execute such order andshall in writing report to suchcourt the manner in which such order wasexecuted. ".

8. The following new sections are hereby insertedimmediatelyafter section 31. of the principal enactment and shall have effectas sections 3IA, 3IB, 3Ic, 3ID, 3IE and 3IFthereof:--

31A. (1) No person shall within the CoastalZone-

(a) engage in the mining,collecting, possessing, processing, storing, burningand transporting in anyform whatsoever, of coral;

(b) own, possess. occupy,rent, lease, holdor operate kilns for the burning and

processing of coral;

(c) use or possess anyequipment, machineryarticle or substance for thepurpose of breaking up coral;and

(d) use any vehicle,craft, or boat in or inconnection with, the breaking up ortransporting of anycoral:

Provided however that the Director, mayunder theauthority of a licence issued inthat behalf, permit the removal of coral for thepurpose of scientific research.

(2) Where any vehicle, vessel, boat, craft, machinery orother equipment is used in contravention of the provisions of subsection (1)any police officer shall have the power to seize any such vehicle, vessel,craft, boat,equipment or machinery along with anyarticle or substance foundthereon.

(3) No vehicle, vessel, craft, boat, equipmentormachinery seized under the provisions of subsection (2) , shall be released unlessan order of court permitting such release has been obtained.

(4) Any police officer shall have the power to confiscateany coral, found stored or stacked within the Coastal Zone in contravention ofthe provisions of subsection (1) and any such coral so found shall behandedover to the Director or his representative or disposed of in any manneras may be determined by the Director.

31B. A certificate issued under the hand of the Director,containing a statement thatthe acts referred to in section 3IA, took placewithin the Coastal Zone, shall be primafacie evidence of the facts statedtherein.

31C. Every person, who within the Coastal Zone,owns" or possesses or occupies one ormore kilns, shall within thirty daysof thecoming into operation of this section, demolish, or cause such kilns tobe demolished.

31D. (1) No person shall, by reason of possessionor useof any specific portion of the beach claim to have acquired title to such portionof the beach as against the State.

(2) (a) In any dispute concerning the area comprisingthe beach in any part of theisland a certificate signed by the Director oraperson authorized by him in that behalfcontaining a statement that a particulararea forms part of the beach, shall be prima facieevidence of the facts statedtherein.

(b) In arriving at adetermination for thepurpose of issuing a certificate under paragraph (a), theDirector or any other person authorized by him in that behalf, shall take intoconsideration the extent of accretion along the coastline which is caused. bydepositionof sand brought in by long shore transport from other areas along thecoastline, or by the transport of material alongthe rivers.

(c) For the purpose of this Act accretionsadjoiningprivate property shall be deemedto belongto the State.

(3) Notwithstanding the provisions of paragraph (2) ofthis section, the public shall have the right to Use or enjoy any portionof thebeach.

31E. (1) Any police officer shall have the power toexamine any vehicle, vessel, boator craft transporting or suspected oftransportingsand and sea shells.

(2) The onus of proving that such sandor sea shells werelawfully obtained, shalllie on the person transporting such sand andsea shells.

31F. There shall be credited to the PoliceReward Fundestablished under the PoliceOrdinance, fifty per centum of the moneys receivedby way of fines. ".

9. The following new sections are hereby inserted immediatelyafter section 35 of the principal enactment, andshall have effect as sections35A. 35E, 35c, of that enactment:-

35A. (1) Any police officer may. Withoutorders from aMagistrate and without awarrant, arrest any person reasonably suspectedofhaving been concerned in, orconnected with, the commission of anyoffence underthis Act, punishable with imprisonment for aterm exceeding six months if suchperson refuses to .give, hisname or address or gives a name or address which hehas reason to believe to be false, or if there is reason to believe that such personmay abscond.

(2) Every police officer making an arrestunder thissection shall, without unnecessarydelay, take or send the person arrestedto thenearest police station, together with a statement setting out the offence withwhichthe accused is charged. The officer in charge of the police station shall,without unnecessary delay, take or send the person arrested to the nearestMagistrate.

35B. Every police officer shall prevent, and mayinterfere for the purpose of preventing, the commission of any offence tinderthis Act.

35c. Any person who threatens, intimidates or obstructsor otherwise impedes, orin any way interferes with a police officer orany otherofficer authorized to act in that behalf in the exercise, performance anddischarge of his powers, duties and functions under this Act, shall be guiltyof an offence and shall on conviction be liable to imprisonment of eitherdescription for a term not exceeding six months or to a fine not exceeding onethousand rupees or to both such imprisonment and fine:

Provided that a prosecution shall not be instituted underthis section, except withthe sanction of an officer not below the rank of a superintendent of Police. ".

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