Fauna and Flora Protection (Amendment) Act 2009 · As enacted
4. Repeal and replacement of section 2A of the principal enactment
Official English translation. The Sinhala text prevails.
Official translationFrom Department of Government Printing, unchanged
Section 2A of the principal enactment is hereby repealed and the following is substituted therefor :—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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