Coast Conservation (Amendment) Act 2011 · As enacted
19. Insertion of new Parts IIIa, IIIb, IIIc and IIId in the principal enactment
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
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.”.