Act of Parliament · As enacted
Fauna and Flora Protection (Amendment) Act 2009
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s 1Short title
This Act may be cited as the Fauna and Flora
Protection (Amendment) Act, No. 22 of 2009.
s 2Amendment of the Long Title of Chapter 469
The Long Title to the Fauna and Flora Protection
Ordinance (Chapter 469) (hereinafter referred to as the
“principal enactment”) is hereby repealed and the following long title is substituted therefor :—
“AN ORDINANCE TO PROVIDE FOR THE PROTECTION AND CONSERVATION
OF THE FAUNA AND FLORA OF SRI LANKA AND THEIR HABITATS ; FOR
THE PREVENTION OF COMMERCIAL AND OTHER MISUSE OF SUCH FAUNA
AND FLORA AND THEIR HABITATS, FOR THE CONSERVATION OF THE
BIODIVERSITY OF SRI LANKA ; AND TO PROVIDE FOR MATTERS
CONNECTED THEREWITH OR INCIDENTAL THERETO.”
s 3Amendment of section 2 of the principal enactment
Section 2 of the principal enactment is hereby amended as follows :—
in subsection (1) of that section by the repeal of paragraph (e) and the substitution therefor of the following :—
“(e) Marine National Park.”
in subsection (2) of that section, by the substitution for the words “shall be a sanctuary” of the words
“shall be a Sanctuary or a Managed Elephant
Reserve”.
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by the insertion immediately after subsection (2)
of that subsection of the following subsection:—
“(2A) An Order made under subsection (1) and subsection (2) of this section, shall have no effect unless it has been approved by Parliament and the notification of such approval is published in the
Gazette.”.
in subsection (3) of that section, by the substitution for the words “sanctuary” of the words “Sanctuary or a Managed Elephant Reserve”.
in subsection (4) of that section —
by the re-numbering of subsection (4) as subsection (4) (a) ;
by the re-numbering of paragraphs (a) to (d)
of subsection (4) as paragraphs (i) to (iv) ;
by the repeal of the re-numbered paragraph (i), and substitution therefor of the following paragraph :—
“(i)
the limits of any National Reserve or
Sanctuary may be altered or varied ;”
by the addition immediately after the re-numbered paragraphs, of the following :—
“(b)
an Order made by the Minister under this subsection shall have no effect unless it has been approved by
Parliament and the notification of such approval is published in the
Gazette.”
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by the repeal of subsection (5) of that section and the substitution therefor of the following:—
“(5) In the case of any change of boundaries or the disestablishment of a National Reserve or
Sanctuary or Managed Elephant Reserve, a study shall be conducted and such study shall include an investigation of the ecological consequences of the proposed change.
the Minister may make regulations relating to any Managed Elephant Reserve or any
Sanctuary.”.
s 4Repeal and replacement of section 2A of the principal enactment
Section 2A of the principal enactment is hereby repealed and the following is substituted therefor :—
2A. (1) A Management Plan may be prepared by a Management Planning Committee appointed by the Director-General for every
National Reserve, based on such guidelines as may be prescribed.
The Minister may by Order specify any
Nation Reserve, Sanctuary or any Managed
Elephant Reserve for which a Management
Plan is required, taking into consideration the prevailing circumstances.
The Secretary to the Ministry of the
Minister shall endorse the Management Plan as being prepared in accordance with the provisions of the Ordinance.
(a) A Management Plan may be amended or altered subject to the approval of the Director-General.
The implementation of all Management
Plans shall be monitored according to an approved plan, made by the Director-General and be subject to an evaluation within five years of the date of adoption of such
Management Plan.
“Management
Plans for
National
Reserves and
Sanctuaries.
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Assessment of Impacts of
Reserves and
Sanctuaries.
Where a new Management Plan has to be prepared, it shall be prepared in accordance with the provisions of this section and be endorsed prior to the lapsing of the five years mentioned in paragraph (b).
2B.
activities within National
The Director-General may, prior to carrying out and giving effect to any activity under a Management Plan, require an assessment of the impact of such activity on the fauna and flora and their habitat to be made.
The report on the assessment of the impacts of such activity shall included, but shall not be limited to —
a statement of the existing or anticipated impact upon the fauna and flora, including an account of the species and habitats affected and extent to which they are or may be threatened ;
a statement of the existing or anticipated social and economic impact of such activity ;
a statement of where rare, endangered or endemic species are or may be affected ;
a list of alternative actions, including inaction which might be taken to remove or lessen any adverse impact ; and
any recommendation for subsequent action.
The Minister may from time to time issue guidelines for the purposes of the implementation section.
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Services and
Reserves or
Sanctuaries.
Nature Trails.
2C.
facilities within National
The Director-General may provide visitor services and facilities in National
Reserves and Sanctuaries. The Director-General shall however ensure that the provision of such services and facilities do not damage the ecosystem concerned. Such services and facilities shall be provided according to the
Management Plan, where applicable.
The Director-General shall administer, control and manage the facilities and services which are to be provided within any National
Reserve or Sanctuary.
2D. (1) The Director-General may provide for roads and tracks within a National Reserve or a Sanctuary on State land to be nature trails for the use of any person who desires to travel on foot or otherwise as permitted, to study or observe the fauna and flora therein :
Provided that the State shall not be liable for any injury or damage sustained or incurred by any person using such trail.
No person shall use any such nature trial unless he has obtained a permit issued by the
Director-General upon the payment of the prescribed fee.
Regulations may be made specifying the manner in which any person may use such nature trial.
The Director-General, giving effect to the provisions of this section, shall consider the advice and recommendations of the
Advisory Committee established under this
Ordinance.”.
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s 5Amendment of Section 3 of the principal enactment
Section 3 of the principal enactment is hereby amended as follows :—
in subsection (1) of that section—
in paragraph (b), by the insertion of the words
“or any Marine National Park” immediately after the words “National Park”;
in paragraph (c) by that section, by the insertion of the words “Marine National Park”
immediately after the words “Strict Natural
Reserve”;
by the repeal of subsection (3) of that section and the substitution therefor of the following new subsection :—
“(3) (a) Nothing in the preceding provisions of this section shall be deemed or construed to prohibit or restrict the exercise by any person of any right acquired by him, whether by law or custom or usage, or traditional practice, in or over any land situated within the limits of any National
Park, Nature Reserve, Marine National Park,
Jungle Corridor, or in or over any State land in any Sanctuary, being a right which was so acquired by such person prior to the date of the establishment of such National Park,
Nature Reserve, Marine National Park, Jungle
Corridor or Sanctuary.
For the purpose of this subsection, the
Minister shall prescribe the customs, usages and traditional practices which may be exercised in or over any land situated within the limits of any National Park, Nature
Reserve, Marine National Park, Jungle
Corridor or in or over any state land in any sanctuary.”.
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s 6Amendment of Section 3A of the principal enactment
Section 3A of the principal enactment is hereby amended as follows :—
by the renumbering of that section as subsection (1) of that section ;
by the insertion immediately after the renumbered subsection (1) of the following :—
“(2) No person shall commence or cause to be commenced any expansion to any tourist hotels situated within a one mile radius of the outer boundary of a National Reserve.
The owner or occupier of any building or any other similar construction situated within one mile radius outside the boundary of any National
Reserve shall when required to do so by any authorized officer, submit for the inspection of such officer, the plans of such building, or such construction and the plans of the land on which such building or construction stands.
Any person who fails to comply with the provisions of this section shall be guilty of an offence.
For the purpose of this section, “relevant authority” means the Director-General of Wildlife
Conservation or any wildlife officer duly authorized by the Director-General in that behalf.”.
s 7Amendment of Section 5 of the principal enactment
Section 5 of the principal enactment is hereby amended by the addition immediately after subsection (3)
of that section of the following subsections :—
“(4) Any person who enters and remains within any National Park with out obtaining a permit issued under subsection (1) or contravenes any condition in the permit, shall be guilty of an offence under this Act.
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“Causing nuisance or disturbance within a
National
Reserve &c.
Any person who having been issued a permit under subsection (1), uses such permit for any purpose other than the purpose for which it has been issued, shall be guilty of an offence under this Act.
Any person who on detection by a wildlife officer not below the rank of a Wildlife Ranger, admits liability for any of the offences under subsection (4) or subsection (5) may make a payment of such sum as may be prescribed in respect of the offence for which he has admitted liability in place of being prosecuted for the commission of such offence. The payment made shall be credited to the Wildlife Preservation Fund.”.
s 8Insertion of new section 5B in the principal enactment
The following new section is hereby inserted immediately after section 5A of the principal enactment and shall have effect as section 5B of that enactment :—
5B. Where it appears to the prescribed officer that the person who has been granted permission to enter or remain in a National
Park, Nature Reserve or Marine National Park or any Sanctuary which is on State land is a potential threat or a nuisance or is found to be causing a nuisance or disturbance therein, such person may be refused entry or ordered to leave or be removed from such National Park, Nature
Reserve, Marine National Park, or Sanctuary forthwith.”.
s 9Amendment of Section 6 of the principal enactment
Section 6 of the principal enactment is hereby amended as follows :—
in subsection (1) of that section, by the substitution for all the words commencing from “No person shall”
and ending with “Buffer Zone” of the words “No person shall, in a National Reserve-”;
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in paragraph (k) of that subsection by the substitution for the words “tourist hotel.” of the words “tourist hotel ; or” ;
by the addition at the end of paragraph (k) of that section of the following paragraphs :—
“(l)
construct or use any canal except under the authority of a permit issued for the purpose by a prescribed officer ; or
introduce any poison, waste material, garbage or any other material which is likely to pollute the water on any land, or in stream, river or water course flowing through any National
Reserve ; or
carry on any activity which may pollute waters or cause an adverse impact on the existence of the fauna and flora therein or the ecosystem thereof ; or
dive or use a boat except under the authority of a permit issued by the prescribed officer on payment of the prescribed fee.”.
by the repeal of subsection (2) of that section and the subsection therefor of the following:—
“(2) (a) Unless authorized by the Director-General or a prescribed officer, no person shall introduce any animal or plant into any National
Reserve or Sanctuary which is on State Land or tether, liberate or release any animal therein ;
Any Wildlife Officer authorized in that behalf may dispose of such animal or plant in a suitable manner as he deems fit.”;
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by the repeal of subsection (3) of that section and the substitution therefor of the following new subsection:—
“(3) No person shall lead or allow any domestic animal to stray in any National Reserve.”.
by the repeal of subsection (4) of that section and the substitution therefor of the following :—
“(4) Any person who acts in contravention of the provisions of subsection (1) of this section shall be guilty of an offence and shall on conviction be liable to a fine not less than twenty thousand rupees and not more than one hundred thousand rupees or to imprisonment of either description for a term not less than two years and not more than five years or to both such fine and imprisonment, and for any subsequent conviction for the same offence shall be liable to a fine not less than forty thousand rupees and not more than two hundred thousand rupees or to an imprisonment of either description for a term not less than five years and not more than ten years, or to both such fine and imprisonment.”.
s 10Amendment of Section 6A of the principal enactment
Section 6A of the principal enactment is hereby amended as follows :—
in subsection (1) of that section:—
by the renumbering of that subsection as (1)
of that section;
in the renumbered subsection, by the substitution for the words “within a National
Reserve” of the words “within a National
Reserve other than a Strict Natural Reserve”;
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by the addition immediately after paragraph (a), of the following:—
“(b) in the case of a permit issued in respect of fishing, the prescribed officer may, taking into consideration any adverse impact on the fauna and flora and their habitats caused by such fishing, limit the number of permits so issued.”;
in subsection (2) of that section—
by the renumbering of subsection (2) as subsection (2) (a) ;
in the renumbered subsection (2) (a) by the substitution for the words “from any National
Reserve” of the words “from any National
Reserve (other than a strict Natural Reserve)”;
by the addition immediately after the renumbered subsection (2) (a) of the following new paragraph (b) and (c):—
“(b) The Director-General may issue a permit to remove any object of archaeological, pre-historical, historical or other scientific interest only upon the production of a Certificate from the
Competent Authority certifying that such object is of archaeological, per-historical, historical or other scientific interest and may be removed by the person named in the
Certificate.
For the purpose of this section the
Competent Authority shall be—
the Director-General of the Department of Archaeology ; or
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the Director of National Museums.”.
s 11Amendment of Section 7 of the principal enactment
Section 7 of the principal enactment is hereby amended as follows :—
in paragraph (c) of subsection (1) of that section by the repeal of sub-paragraphs (vi) and (vii) thereof, and the substitution therefor of the following sub-paragraphs:—
“(vi)
erect or cause to so be erected any building whether permanent or temporary or occupy any building so erected unless such person is the holder of a permit issued in that behalf by the prescribed officer ; or
construct or cause to be constructed or use any road or path so constructed by him ; or
dispose or cause the dispose of any garbage therein ;or
engage in the filling of or cause the filling of any land ; or
discharge or cause the discharge of waste.”;
and
by the addition immediately after subsection (1) of that section, of the following new subsection:—
“(2) The Minister may for the purpose of this section, make regulations restricting the carrying out of any specified activity or activities in any
Sanctuary or in any prescribed Sanctuary where he deems such restriction is necessary or essential taking into consideration the prevailing circumstances.”.
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s 12Repeal of section 8A of the principal enactment
Section 8A of the principal enactment is hereby repealed.
s 13Amendment of section 9 of the principal enactment
Section 9 of the principal enactment is hereby amended as follows :—
in paragraph (d) of that section by the substitution for the words “provisions of Part II or Part III” of the words “provisions of Part II, Part III or Part IV ”.
by the insertion, immediately after paragraph (f) of that section, of the following paragraph:—
“(g)
declaring that all or any of the provisions of this Part shall apply to any specified plant species in any specified area.”.
s 14Replacement of section 9A of the principal enactment
Section 9A of the principal enactment is hereby repealed and the following section is substituted therefor:—
9A. (1) Subject to the provisions of section 3A, no person or organization, whether private or State shall within a distance of one mile of the boundary of any National Reserve declared by Order made under section 2, carry out any development activity of any description whatsoever without obtaining the prior written approval of the Director-General.
Upon receipt of an application for a permit to carry out a development activity or trade or business within the area specified in subsection (1), the Director-General may require the applicant to furnish an
Initial Environmental Examination Report or an Environmental Impact Assessment Report, as the case may be, relating to such development activity or trade or business. It
“Restriction on development activity within one mile of a
National
Reserve.
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shall be the duty of the applicant to comply with such requirement. Every Initial
Environmental Examination Report or an
Environmental Impact Assessment Report shall contain such particulars as may be prescribed.
The Director-General shall, on receipt of an Environmental Impact Assessment Report or an Initial Environmental Examination
Report, as the case may be, furnished to him by an applicant in compliance with any requirement imposed on such applicant under subsection (2)—
submit a copy of such assessment or examination, as the case may be, to the
Committee appointed by the Director-General in that behalf, for its comments, if any ; and
by notice published in the Gazette, notify the place and time at which such assessment or examination, as the case may be, will be available for inspection by the public and invite the public to make comments, if any, thereon.
The Committee shall within sixty days of an Environmental Impact Assessment or an
Initial Environmental Examination, as the case may be, being submitted to it under subsection (3), make its comments, if any, thereon, to the
Director-General.
Any member of the public may within thirty days from the date on which a notice under subsection (3) relating to such assessment or examination, as the case may be, is published in the Gazette make his comments, if any, thereon, to the Director-General.
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In deciding whether to issue a permit under subsection (2) authorizing a person to carry out a development activity or trade or business within the area specified in subsection (1), the Director-General shall have regard to any comments made under subsections (4) and (5) on the environment impact assessment or examination, as the case may be, if any, relating to such activity, trade or business.
the Director-General shall, within sixty days of the receipt by him of any comments made under subsections (4) and (5), make the decision referred to in subsection (6).”.
s 15Amendment of section 10 of the principal enactment
Section 10 of the principal enactment is hereby amended as follows:—
in paragraph (c) of that section, by the substitution for the words “any provision of Part II or Part III” of the words “any provision of Part II, Part III or Part IV”.
in paragraph (d) of that section, by the substitution for the words “not less than ten thousand rupees and not more than twenty thousand rupees” of the words “not less than fifteen thousand rupees and not more than fifty thousand rupees.”.
s 16General amendment to Part II of the principal enactment
Part II of the principal enactment is hereby amended by the omission of the word “buffalo” wherever it appears in that Part.
s 17Replacement of section 12 of the principal enactment
Section 12 of the principal enactment is hereby repealed and the substitution therefor of the following :—
“12. Save as is hereinafter provided, no person shall in any area out side a National
Reserve or Sanctuary hunt, shoot, kill, injure or take any elephant,”.
s 18Repeal of section 14 of the principal enactment
Section 14 of the principal enactment is hereby repealed.
“Protection of elephants in areas out side National
Reserves and
Sanctuaries.
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“Property in elephant, killed or taken under
Part II.
s 19Replacement of section 17 of the principal enactment
Section 17 of the principal enactment is hereby repealed and the following new section is substituted therefor:—
17. (1) Any elephant killed or taken by any person in the exercise of any right conferred by or under section 13 shall be the property of that person unless otherwise provided for in the licence.
Where the elephant killed or taken under section 13 is not the property of any person, the Director-General shall dispose of such elephant in such manner as is appropriate in the circumstances.”.
s 20Amendment of section 19 of the principal enactment
Section 19 of the principal enactment is hereby amended by the repeal of subsection (1) of that section.
s 21Amendment of section 20 of the principal enactment
Section 20 of the principal enactment is hereby amended as follows:—
by the renumbering of that section as subsection (1) of that section.
in the renumbered subsection (1)—
by the substitution in paragraph (a) thereof, for the words “pursues any elephant; or” of the words “pursues any elephant or uses any electric wire to kill, injure or take any elephant or uses any device of any description to harm any elephant; or”;
by the substitution in paragraph (b) thereof, for the words “shall on conviction be liable to a fine not less than one hundred thousand rupees and not more than two hundred and
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fifty thousand rupees” of the words “shall on conviction be liable to a fine not less than one hundred and fifty thousand rupees and not more than five hundred thousand rupees.”;
by the addition immediately after the renumbered subsection (1) of the following new subsection:—
“(2) any offence committed under the Act involving an elephant shall be a non-bailable offence and the provisions of the Bail Act, No. 30
of 1997 and the Code of Criminal Procedure Act,
No. 15 of 1979 shall apply in respect of such offence.”.
s 22Repealing of section 22 of the principal enactment
Section 22 of the principal enactment is hereby repealed.
s 23Amendment of section 22A of the principal enactment
Section 22A of the principal enactment is hereby amended as follows:—
by the renumbering of subsection (9) of that section as subsection (13) thereof;
by the insertion immediately after subsection (8) of that section of the following new subsections:—
“(9) In the event of a pregnancy of a registered she elephant, the owner or the person having the custody of such she elephant shall inform the
Director-General of such pregnancy together with details of the sire.
It shall be the duty of the owner or the person having custody of a registered she elephant to inform the Director-General or any authorized officer of the fact of any birth, miscarriage or still birth of elephants within seven days of the date of the occurrence of any of the said events.
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Where any registered elephant dies, the owner or the person having custody of such elephant shall report such death to the Director-General, before the remains are destroyed.
Any elephant which has not been registered under this section shall be presumed to be taken or removed from the wild without lawful authority or approval and such elephants shall be deemed to be public property. The provisions of the Offences
Against Public Property Act, No. 12 of 1982 shall accordingly apply in respect of such elephants.”.
s 24Amendment of section 23 of the principal enactment
Section 23 of the principal enactment is hereby amended as follows:—
in paragraph (c) of subsection (2) of that section by the substitution for the words “successor in title.”
of the words “successor in title; or”.
by the insertion immediately after paragraph (c) of the following new paragraph:—
“(d)
he has registered and licensed the elephant in terms of section 22a of the Ordinance.”.
s 25Amendment of section 24 of the principal enactment
Section 24 of the principal enactment is hereby amended as follows:—
in subsection (1) of that section by the substitution for the words “tusk or tush” where ever they appear of the words “tusk or tush or any part of a tusk or tush”.
in subsection (3) of that section, by the substitution for the words “a tusk or tush” of the words “a tusk or tush or any part of a tusk or tush”.
by the insertion immediately after subsection (4) of that section of the following subsection:—
“(4A) (a) A tusk or tush or any part of a tusk or tush which is not registered under the Act, shall be
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presumed to have been taken from the wild without lawful authority. Such tusk or tush or part of a tusk or tush shall be presumed to be public property. The provisions of the Offences
Against Public Property Act, No. 12 of 1982 shall accordingly apply in respect of such tusk or tush or part of such tusk or tush, as the case may be.
Where a tusk or tush or part of a tusk or tush is deemed to be public property, it shall be handed over to the custody of the Director-General of
Wildlife Conservation.
The Minister may by Order published in the Gazette, specify the date from which the provisions of this subsection shall come into operation.”.
s 26Amendment of section 28 of the principal enactment
Section 28 of the principal enactment is hereby amended as follows:—
by the omission therefrom of the definition of the expression “buffalo”.
by the repeal of the definition of the expression
“elephant” and the substitution therefor of the following:—
“elephant” means a wild elephant and includes a tusker and for the purposes of section 22A, includes a tame or domestic elephant or tusker;”
by the repeal of the definition of the expression
“tusk” and the substitution therefor of the following:—
““tusk” means the tusk of a tusker;”
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s 27Amendment of section 30 of the principal enactment
Section 30 of the principal enactment is hereby amended as follows:—
by the renumbering of that section as subsection (1) of section 30.
in the renumbered subsection (1) by the repeal of paragraph (d) of that section and the substitution therefor of the following paragraph:—
“(d)
has in his possession or under his control any such mammal or reptile killed, dead or taken or any article made out of any part of such mammal or reptile killed, dead or taken or the meat or flesh of any such mammal or reptile killed, dead or taken or the meat or flesh of any such mammal or reptile killed, dead or taken or the eggs of any such reptile; or”.
in paragraph (e) thereof, by the substitution for the words “reptile killed or taken” of the words “reptile killed, dead or taken”.
by the repeal of paragraph (f) thereof and the substitution therefor of the following paragraph:—
“(f)
exposes for sale, any such mammal or reptile or any part of such mammal or reptile, or the eggs of any such reptile; or”.
by the addition of the following new paragraph immediately after paragraph (g) of that section:—
“(h)
transports any protected mammal or reptile not included in Schedule I or any part of such mammal or reptile including the nest or eggs of any such reptile.”.
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by the substitution for the words “not less than ten thousand rupees and not exceeding thirty thousand rupees”, of the words, “not less than twenty thousand rupees and not exceeding fifty thousand rupees”; and
by the insertion immediately after the renumbered subsection (1) of that section, of the following new subsections:—
“(2) Any person who commits any act prohibited under this section, against any mammal or reptile specified in Schedule II of this Ordinance, shall be guilty of an offence and shall on conviction be liable to a fine not les than thirty thousand rupees and not more than one hundred thousand rupees or to imprisonment of either description for a term not less than two years and not exceeding five years or to both such fine and imprisonment.
The Minister may by regulation add to, rescind, vary, or amend the matters specified in Schedule II.”.