Fauna and Flora Protection (Amendment) Act 2009 · As enacted
53. Insertion of new sections 60A, 60B, 60C, 60D and 60E 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 sections are hereby inserted immediately after section 60 of the principal enactment and shall have effect as sections 60A, 60B, 60C, 60D and 60E of that enactment:—
60A. In any prosecution under the Act, for an offence alleged to have been committed with respect to any plant or part thereof or animal,
“Certificate in respect of inability to produce.
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animal carcass or part thereof which is of such nature that it is difficult to move or transport, a
Certificate issued by a—
a wildlife officer not below the rank of a wildlife ranger; or
a police officer not below the rank of an Assistant Superintendent of Police, stating the facts as to why the plant or animal carcass cannot be produced, shall be admissible in evidence and shall be prima facie evidence of such facts stated therein until the contrary is proved.
60B. No suit or prosecution shall lie against any wildlife officer for anything lawfully done or omitted to be done by him in good faith under this Act:
Provided that where it is evident that any wildlife officer is guilty of mala fide in relation to the discharge of any function under this Act, a prosecution may lie against such officer.
60C.
animals
In any proceedings under the Act, if a question arises as to whether any plant or part thereof or any animal or carcass or any part thereof is the property of the State, such property shall be presumed to be the property of the
State until the contrary is proved.
60D.
Director-General’s
In any proceedings under this Act, if a question arises as to whether any area of land is
State Land, a Certificate issued under the hand of the Director-General stating that such area of land is State land shall be admissible in
Indemnity for acts done in good faith.
Presumption of ownership of plants and certificate to be prima facie evidence.
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evidence and shall be prima facie evidence of the fact stated therein that such land is State land:
Provided that such Certificate shall be issued based on a Certificate issued in respect of such land under the hand of the Surveyor-General.
60E. Proceedings may be instituted by any person in any court of law for an order to remedy or restrain any contravention of any provision of this Act whether or not any right of such person has been infringed by or as a consequence of, such contravention:
Provided that such person has given not less than sixty days notice to the Director-General of his intention to institute such proceedings.”.