Act of Parliament · As enacted
Coast Conservation (Amendment) Act 2011
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
s 1Short title
This Act may be cited as the Coast Conservation
(Amendment) Act, No. 49 of 2011.
s 2Amendment of Long Title to Act, No. 57 of 1981
The Long Title to the Coast Conservation Act,
No. 57 of 1981 (hereinafter referred to as the “principal enactment”) is hereby amended by the substitution for the word “Scheme of work for Coast Conservation” of the words
“Scheme of work for Coast Conservation and Coastal
Resource Management”.
s 3
“Coast Conservation Act”, “Director of Coast Conservation”, “Director” and “coast conservation” to be known as “Coast Conservation and Coastal Resource Management Act”, “Director-General of Coast Conservation and Coastal Resource Management”, “Director-General” and “coast conservation and coastal resource management”
In the principal enactment and in any other written law, there shall be substituted—
for the words “Coast Conservation Act”, the words
“Coast Conservation and Coastal Resource
Management Act”;
for the words “Director of Coast Conservation”, the words “Director-General of Coast Conservation and
Coastal Resource Management”;
for the word “Director” the words “Director-General”; and
for the words “coast conservation” the words “coast conservation and coastal resource management”,
Every reference to the “Coast Conservation Act”, the
“Director of Coast Conservation”, “Director” and “coast conservation” in any notice, notification or other document shall be read and construed as a reference respectively to
“the Coast Conservation and Coastal Resource Management
Act”, “the Director-General Coast Conservation and Coastal
Resource Management”, “the Director-General” and “Coast
Conservation and Coastal Resource Management”.
s 4Amendment of section 3 of the principal enactment
Section 3 of the principal enactment is hereby amended by the substitution for sub-paragraph (i) of paragraph (b) of that section, of the following:—
“(i)
such number of Directors, Deputy Directors and
Assistant Directors;”.
s 5Amendment of section 4 of the principal enactment
Section 4 of the principal enactment is hereby amended as follows:—
in paragraph (b) of that section, by the substitution for the words “Coastal Zone; and” of the words
“Coastal Zone;”; and
by the repeal of paragraph (c) of that section and the substitution therefor of the following paragraphs:—
“(c)
for the co-ordination of activities of other departments, institutions and agencies in connection with activities being carried out within the Coastal Zone;
for the preparation and implementation of the
Coastal Zone Management Plan prepared under section 12;
for the dissemination of information on coast conservation and coastal resource management, to the public and to other departments, agencies and institutions and where necessary to tender advice and guidance;
for the conduct of research in collaboration with other departments, agencies and institutions for the purpose of ensuring effective coast conservation and coastal resource management;
for the implementation of the coast conservation and coastal resources management programmes specified in the National Fisheries Policy.”.
s 6Replacement of section 5 of the principal enactment
Section 5 of the principal enactment is hereby repealed and the following section substituted therefor:—
5. The Director-General may, delegate by an authorization in writing in that behalf to any Divisional Secretary of a Division within which any part of the coastal zone in situated or to any prescribed public officer, as the case may be, any power, duty and function conferred or imposed on, or assigned to, the
Director-General, by this Act, other than any power, duty or function falling within Part III of the Act. The Divisional Secretary or the prescribed public officer shall within such
Divisional Secretary’s Division or other area of authority exercise, perform and discharge the power, duty or function so delegated subject to the general direction and control of the
Director-General.”.
s 7Replacement of section 6 of the principal enactment
Section 6 of the principal enactment is hereby repealed and the following section substituted therefor:—
6. (1) There shall be established a Coast
Conservation and Coastal Resource
Management Advisory Council (hereinafter referred to as “the Advisory Council”)
consisting of the following members:—
the Secretary to the Ministry of the
Minister to whom the subject of Coast
Conservation and Coastal Resource
Management is assigned, who shall be the Chairman;
“Director-General may delegate any of his powers
&c,. under the Act to
Divisional
Secretaries or to prescribed officers.
“Coast
Conservation and Coastal
Resource
Management
Advisory
Council.
the Secretary to the Ministry of the
Minister to whom the subject of Plan
Implementation is assigned or his representative;
the Secretary to the Ministry of the
Minister to whom the subject of Tourism is assigned or his representative;
the Secretary to the Ministry of the
Minister to whom the subject of Urban
Development is assigned or his representative;
the Secretary to the Ministry of the
Minister to whom the subject of Public
Administration is assigned or his representative;
the Secretary to the Ministry of the
Minister to whom the subject of
Industries is assigned, or his representative;
the Secretary to the Ministry of the
Minister to whom the subject of
Provincial Councils is assigned, or his representative;
the Secretary to the Ministry of the
Minister to whom the subject of
Environment is assigned, or his representative;
the Director-General of Fisheries and
Aquatic Resources, appointed under the
Fisheries and Aquatic Resources Act, No.
2 of 1996, or his representative;
the Director-General of the National
Aquatic Resources Research and
Development Agency, appointed under the National Aquatic Resources,
Research and Development Agency Act,
No. 54 of 1981, or his representative;
the Director-General of the Urban
Development Authority appointed under the Urban Development Authority Law,
No.41 of 1978, or his representative;
the Director-General of the Central
Environmental Authority appointed under the National Environmental
Authority Act, No. 47 of 1980, or his representative;
The Director-General of the Geological
Survey and Mines Bureau appointed under the Mines and Minerals Act, No.
33 of 1992, or his representative;
the Land Commissioner or his representative;
the Director-General appointed under section 3, who shall be the Secretary to the Council; and
three other persons appointed by the
Minister, one from among persons who will represent the academic staff of the
Universities, one representing the non-governmental organizations concerned with the protection of the coastal environment and the other who shall be a representative of the fishing industry.
The Advisory Council may where in its opinion it appears to be necessary for the effective discharge of its functions, co-opt any other Secretary to serve as a member of the
Advisory Council for so long as may be necessary for such purpose. A Secretary co-opted in terms of this subsection shall be present at meetings of the Advisory Council only when the specific matter, which necessitated his presence, is being discussed. He shall not be entitled to vote at such meetings.”.
s 8Replacement of section 11 of the principal enactment
Section 11 of the principal enactment is hereby repealed and the following section substituted therefor:—
11. (1) The Director-General shall as soon as practicable cause a survey of all the resources and activities within the Coastal Zone to be conducted and thereafter prepare a report based on the results of such survey.
In preparing the report required under subsection (1), the Director-General shall have regard to the relevant data and information collected or compiled by government departments, institutions and agencies. It shall be the duty of the Heads of such Departments, institutions and agencies to furnish any such data or information as may be reasonably required by the Director-General for the purpose of preparing such report.”.
s 9Amendment of section 12 of the principal enactment
Section 12 of the principal enactment is hereby amended as follows:—
in subsection (1) of that section—
by the substitution for all the words from
“The Director shall” to “the plan shall include” of the words “The Director-General shall, not later than three years from the date of operation of this Act, prepare and submit
“Survey of resources within the
Coastal Zone.
to the Advisory Council, a Coastal Zone and
Coastal Resource Management Plan
(hereinafter referred to as “the Plan”) based on the results of the survey conducted in terms of section 11. The Plan shall include guidelines for the management of coastal resources and a comprehensive programme for conservation of coastal resources for sustainable development and also—”;
in paragraph (b) of subsection (1) thereof, by the substitution for items (ix) and (x) and the words “within the coastal zone.” of the following—
“(ix)
agriculture;
industry;
availability of coastal resources;
coastal erosion management;
coastal water quality;
zoning of coastal water usage; and
any other matters which in the opinion of the Director-General is relevant to coast conservation and coastal resource management, within the Coastal Zone.”;
in paragraph (d) of subsection (1) thereof, by the substitution for the words “Coastal
Zone regulation; and” of the words “Coastal
Zone regulation;”;
in paragraph (e) of subsection (1) thereof, by the substitution for the words “purposes of coast conservation,” of the words
“purposes of coast conservation;”;
by the addition immediately after paragraph (e) of subsection (1) thereof, of the following new sub-paragraphs:—
“(f)
recommendations identifying Special
Area Management sites, rating such sites in terms of the severity of resource management issues, bio diversity, viability and economic significance;
identify the routes, paths and corridors of access available for the public to access the beach and the coastal zone and recommend measures required to clear any obstructions therein;
recommend guidelines required for the sustainable development and management of the coastal zone; and
formulate policies and furnish recommendations in relation to coast conservation and coastal resources management activities,”;
by the insertion immediately after subsection (1) of that section, of the following new subsection:—
“(1A) The Director-General shall cause the Plan prepared in terms of section 12 to be revised, at least once in every five years:
Provided that, the Director-General may where he deems it to be so necessary, cause a survey in terms of section 11 to be carried out at the time of revision of the Plan, and revise the plan based on the results of the survey so conducted.”;
in subsection (5) of that section, by the substitution for the words “period of four years” wherever they occur in that subsection of the words “period of five years”.
s 10Amendment of section 13 of the principal enactment
Section 13 of the principal enactment is hereby amended by the substitution for the words “quality of the
Coastal Zone” of the words “quality of the Coastal Zone and the sustainability of the resources within the Coastal Zone”.
s 11
Amendment of section 15 of the principal enactment section 15 of the principal enactment is hereby amended as follows:—
by the substitution in paragraph (a) of that section, for the words “Coastal Zone Management Plan” of the words “Coastal Zone and Coastal Resource
Management Plan”; and
by the substitution in paragraph (b) of that section, for the words “Coastal Zone” of the words “Coastal
Zone and the sustainability of the resources within the Coastal Zone.”.
s 12Amendment of section 16 of the principal enactment
Section 16 of the principal enactment is hereby amended as follows:—
by the repeal of subsections (1) and (2) of that section and the substitution therefor of the following subsections:—
“(1) Upon receipt of an application for a permit to engage in a development activity within the
Coastal Zone as required by subsection (3) of section 14, the Director-General may require the applicant to furnish an initial environmental examination report or an environmental impact assessment report relating to the development activity as the case may be, or both such reports. It shall be the duty of the applicant to comply with such requirement. Every initial environmental examination report or environmental impact assessment report shall contain such particulars as may be prescribed:
Provided however, that the Minister may by regulation prescribe the categories of development activities in respect of which an initial environmental examination report would not be necessary.
In cases where an initial environmental examination report is requested by the Director-General, he may, on receipt of such report and if it appears that such report is sufficient for the purpose of determining, whether or not to grant the permit, dispense with the requirement of providing the environmental impact assessment report.
Where the Director-General considers that the initial environmental examination report is sufficient to determine whether or not to issue the permit, he may submit a copy of such report to the
Council for its comments, if any.
The Council shall, within thirty days of the initial environmental examination report being submitted to them, furnish its comments if any, to the Director-General.
Where after considering an initial environmental examination report submitted to him under subsection (2A), the Director-General considers that an environmental impact assessment report is necessary to arrive at a decision, he may require the applicant to submit the same to him.
Upon receipt of the environmental impact assessment report, the Director-General shall submit a copy of the same to the Council for its comments and by Notification published in the
Gazette provide an opportunity for the public to submit comments in respect of the same within thirty days of the date of such Notification.”;
in subsection (4) of that section, by the substitution for the words “under subsection (3)” of the words
“under subsections (2A), (2C), (2D) and (3)”; and
in subsection (5) of that section, by the substitution for the words “under subsection (3)” of the words
“under subsections (2C), (2D) and (3)”.
s 13Amendment of section 17 of the principal enactment
Section 17 of the principal enactment is hereby amended by the substitution for the words “Coastal Zone, having regard to the Coastal Zone Management Plan” of the words “Coastal Zone and resource therein, having regard to the Coastal Zone and Coastal Resource Management Plan”.
s 14Amendment of section 18 of the principal enactment
Section 18 of the principal enactment is hereby amended by the repeal of subsection (3) of that section and the substitution therefor of the following subsection:—
“(3) A permit issued under this Part shall not be transferred without the prior written approval of the
Director-General. The Director-General may, where he has granted approval for a transfer, impose further conditions on such permit. A transfer may be effected only on payment of the prescribed fee. An order transferring the permit should also be entered on the permit, in order that the transfer be effective:
Provided however that the Director-General shall not make an order under this section unless a period of two years has elapsed from the original date of issue of the permit.”.
s 15Amendment of section 19 of the principal enactment
Section 19 of the principal enactment is hereby amended as follows:—
in paragraph (b) of that section, by the substitution for the words “Costal Zone” of the word “Coastal
Zone or the resources therein”; and
by the substitution for the words “to be served on the permit holder.” of the words “to be sent by registered post to the address stated by the permit holder in the application submitted by him for the permit or to such other address as intimated by him in writing, to the Director-General.”.
s 16Amendment of section 20 of the principal enactment
Section 20 of the principal enactment is hereby amended in subsection (2) of that section, by the substitution for all the words “the Director may,” to the end of that subsection, of the words “or within any extended period given by the Director-General, cancel the permit issued to that person. Notice of such cancellation, stating reasons therefor, shall be sent to him by registered post to the address stated by the permit holder in the application submitted by him for the permit or to such other address as intimated by him in writing, to the Director-General.”.
s 17Amendment of section 21 of the principal enactment
Section 21 of the principal enactment is hereby amended as follows:—
by the re-numbering of that section as subsection (1) of that section;
in the re-numbered subsection (1), by the substitution for the words “subject of Coast
Conservation.” of the words “subject of Coast
Conservation and Coastal Resource Management.”;
and
by the addition, immediately after the re-numbered subsection (1) of the following new subsections:—
“(2) On receipt of an appeal under subsection (1) the Secretary shall forthwith require the
Director-General to forward to him all relevant documents and files. The Director-General shall comply with such request within a period of fourteen days of the receipt of such request.
The Secretary shall within sixty days of the receipt by him of the appeal under subsection (1), decide the matter and inform the Director-General and the party appealing, of his decision. The decision of the Secretary on an appeal shall be final.
It shall be the duty of the Director-General to carry out the decision of the Secretary in respect of an appeal.
The procedure to be followed in appeal shall be as prescribed.”.
s 18Insertion of new section 22A in the principal enactment
The following new section is hereby inserted immediately after section 22 of the principal enactment and shall effect as section 22A of that enactment:—
22A. (1) Notwithstanding the provisions of the Mines and Minerals Act, No. 33 of 1992, the Director-General of the Geological Survey and Mines Bureau shall not issue, in relation to an area lying within the Coastal Zone, a permit under the provisions of this Act, without having obtained the prior consent of the
Director-General, in respect of such issue.
“Application of the Mines and Minerals
Act.
Where the Director-General consents to the grant of a permit by the Director-General of the Geological Survey and Mines Bureau, the
Director-General may require that such conditions as he deems necessary in the circumstances be attached to the permit so granted.
Where, a person to whom a permit is issued by the Director-General of the
Geological Survey and Mines Bureau, fails to comply with the conditions attached to his permit, the Director-General shall notify the
Director-General of the Geological Survey and
Mines Bureau of the same.
On receipt of such notification, the Director-General of the Geological
Survey and Mines Bureau shall issue a direction to the permit holder who has contravened the provisions of the permit, requiring him to forthwith comply with the same within the period to be specified in the direction, or such later date to which period has been extended. Where the permit holder fails to comply with the direction, the Director-General of the Geological
Survey and Mines Bureau shall, after consultation with the Director-General, cancel the permit.
Where a permit is cancelled in terms of subsection (4), the provisions of sections 38, 39 and 40 of the Mines and Minerals
Act, No. 33 of 1992, shall mutatis mutandis apply in respect of such cancellation.”.
s 19Insertion of new Parts IIIa, IIIb, IIIc and IIId in the principal enactment
The following new Parts are hereby inserted immediately after Part III of the principal enactment and shall 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 Order published in the Gazette declare any area:—
within the Coastal Zone or adjacent to the Coastal Zone or falling within both such areas; or
within any water body or part of any water body; or
within any lagoon or part of any lagoon or any peripheral area of a lagoon, as an “affected area”.
Any development activity which could be carried on in terms of a permit obtained under section 14, would if it is carried out in an area declared to be an affected area under paragraph (a) of subsection (1), be considered a prohibited activity. Any person, who engages in a prohibited activity, shall be guilty of an offence.
No person shall in any area declared to be an affected area under paragraph (b) of subsection (1) fill, erect, construct, obstruct, pollute or introduce any waste matter, or do any act which will harm the aquatic or marine life in such area. Any person who fills, erects, constructs, obstructs, pollutes, introduces any waste matter or does any act which harms the aquatic or marine life in such area shall be guilty of an offence.
Declaration of affected areas.
The provisions of section 27A and section 28 shall mutatis mutandis apply to an in relation to any development activity carried on in contravention of the provisions of subsections (2) and (3).
The onus of proving that the act in question was committed in an area outside the affected area, shall lie on the person engaging in the same.
The Minister may make regulations for setting out the manner in which these areas are to be administered and the activities prohibited within such area.
PART III B
BEACH PARKS AND CONSERVATION AREAS
22C.
Beach Parks
Where the Minister is of opinion that it is necessary for the preservation of the scenic beauty and the biodiversity of any area within the Coastal Zone to do so, declare by
Order published in the Gazette, any area within the Coastal Zone to be a “Beach Park”.
The Minister may make regulations setting out the manner in which such parks should be administered, the activities which can be carried out within such area and the persons who are permitted to enter into such areas.
22D.
Conservation Areas
The Minister may by Order published in the Gazette, declare as a
“Conservation Area”, any area in which special measures need to be taken for the protection of the coastal and aquatic eco-system.
No development activity or collection and gathering of aquatic resources shall be carried out in any area declared under subsection (1). The Director-General may however issue permits, in respect of applications made in the prescribed form, to persons intending to engage in scientific study and research within such area.
The Minister may make regulations prescribing the manner and mode of administrating such areas, the activities permitted within such areas and the persons who may engage in such activities within such areas.
PART III c
SPECIAL MANAGEMENT AREAS
22E.
Special Management areas
The Minister may, in respect of any area of land within the Coastal Zone or adjacent to the Coastal Zone or comprising both areas from the Coastal Zone and the adjacent area of land, declare such area by Order published in the Gazette, to be a “Special Management
Area” if it appears to him that it is necessary to do so due to the need to adopt a collaborative approach to planning resource management within the defined geographic area:
Provided that no area shall be declared as a
Special Management Area, unless such area has been included in the Coastal Zone and
Coastal Resource Management Plan prepared under the provisions of this Act.
The Minister may make regulations prescribing the manner and mode in which, and the persons by whom, such Special
Management Area should be administered, the persons entitled to have access to these areas and the activities which can be carried out within such areas.
PART III D
COASTAL ACCESS PLAN
22F.
Coastal Access Plan
The Director-General shall cause to be carried out, as soon as possible after the coming into operation of this Act, a survey which would identify all the routes, paths and corridors which provide access to the public to the beaches, and routes, paths and corridors which provide access to the Coastal Zone.
Based on the findings of the survey he shall prepare a comprehensive Report which he shall submit to the Council.
The Director-General is hereby empowered to call for and obtain information reasonably required by him for the compilation of this Report from any government department, institution or agency concerned in related activities. It shall be the duty of these departments, institutions and agencies to furnish the Director-General with the relevant information.
The Director-General shall within sixty days of the Coastal Access Plan being submitted to him by the Director-General after inclusion of such modifications, if any suggested by the
Council, make the plan available to the public for its comments. Any member of the public may, within sixty days of the Coastal Access
Plan being made available to them, forward his comments to the Director-General. It shall be the duty of the Director-General to include any comments received by the public in the plan and submit a revised plan to the Minister.
The Minister shall thereupon submit the revised Coastal Access Plan to the Cabinet of
Ministers for its approval. Upon approval of the said Plan by the Cabinet of Ministers, the
Minister shall cause the Coastal Access Plan to be published in the Gazette. The Coastal
Access Plan shall be operative as from the date of publication in the Gazette or from such later date as may be specified therein.
The Minister may make regulations specifying the matters which need to be included in the Coastal Access Plan, the activities which could be carried out in conformity with such plan, and details as to ownership of the lands included in the plan inclusive of extents and locations.
Any person who acts in contravention of the provisions of this section or any regulation made thereunder, shall be guilty of an offence and shall on conviction after summary trial before a Magistrate be liable to a fine of not less than five thousand rupees and not more than twenty five thousand rupees or to imprisonment of either description for a term of not less than three months and not more than two years, or to both such fine and imprisonment.
22G.
Application of the provisions of Act to Parts IIIA, IIIB, IIIC and IIID
The provisions contained in the Act, shall where relevant to the implementation of
Parts IIIA, IIIB, IIIC and IIID (as inserted herein), of this Act, mutatis mutandis apply in relation to Parts IIIA, IIIB, IIIC and IIID (as inserted herein)
of the Act.”.
s 20Amendment of section 24 of the principal enactment
Section 24 of the principal enactment is hereby amended in subsection (1) of that section by the substitution for the words “lying within the Coastal Zone.” of the words
“lying within the Coastal Zone, for the purpose of promoting scientific study and research.”.