Coast Conservation (Amendment) Act 2011 · As enacted
28. Amendment of section 31 of 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
Section 31 of the principal enactment is hereby amended by the repeal of subsections (3) and (4) of that section, and the substitution therefor of the following subsection:—
“(3) Any person aggrieved by any direction issued by the Director-General under subsection (2), may within three days of the affixing of the notice, appeal therefrom to the Secretary to the Ministry of the
Minister to whom the subject of coast conservation has been assigned,
On receipt of an appeal under subsection (3), the Secretary shall forthwith require the Director-General to forward all relevant documents and files to him. It shall be the duty of the Director-General to forward, 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 is essential in order to arrive at a decision, give the appellant an opportunity to be heard in person.
The Secretary shall within forty five (45) days of the receipt of the appeal, make his decision on such appeal and inform both, the Director-General and the appellant of his decision. It shall be the duty of the
Director-General to give effect to such decision. The decision of the Secretary on any such appeal shall be final.
No person on whom a order has been served under subsection (2), or who has appealed against the order under subsection (3), shall continue to erect or construct any unauthorized structure, house, hut, shed or other building or permit any such unauthorized structure, house, hut, shed or other building to remain standing in such place.
Any person who contravenes the provisions of subsection (3C) shall be guilty of an offence and shall on conviction after summary trial before a Magistrate be liable to a fine not less than fifty thousand rupees, and not exceeding five hundred thousand rupees, or to imprisonment of either description for a term of not less than one year and not exceeding three years or to both such fine and imprisonment.
The Director-General shall either upon the serving of an order of demolition in terms of subsection (2) or on the conclusion of any appeal in terms of subsection (3), cause the construction of the unauthorized structure, house, hut, shed or other building to be taken down and removed from the land.
The total cost incurred in the taking down of the unauthorized structure, house, hut, shed or other building and the cost incurred in the removal of all materials used in the construction of the unauthorized structure, house, hut, shed or other building shall be recovered from such person as a debt due to the State:
Provided that it shall be the responsibility of any person who is required in terms of the preceding provisions of this section, to take down and remove any unauthorized structure, house, hut, shed or other building as is specified, prior to the expiration of the period specified, to remove or cause to be removed therefrom all of his possessions as are presently within such unauthorized structure, house, hut, shed or other building.
Where any person alleges at any time after the taking down and removal of any unauthorized structure, house, hut, shed or other building as aforesaid, that any item of his possessions has been lost, the onus shall lie on such person to prove beyond reasonable doubt, that the item was in his possession immediately prior to such taking down and removing, as the case may be.
Wherever in any proceeding in terms of this section the question arises as to the existence of an unauthorized structure, house, hut, shed or other building which has been taken down and removed, a
Certificate under the hand of the Director-General shall be admissible in evidence and shall be prima facie evidence thereof.”.