Fisheries (Regulation of Foreign Fishing Boats) (Amendment) Act 2018 · As enacted
4. Amendment of section 13 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 13 of the principal enactment is hereby amended as follows:-
by the repeal of subsection (4) of that section and the substitution therefor of the following new subsection:–
“(4) (a) Any foreign fishing boat or other thing seized and detained under sub-paragraph (a) of subsection (2) or any abandoned foreign fishing boat; and
Any person arrested under paragraph (b) of subsection (2), shall be brought to the nearest or most convenient port in Sri Lanka.”;
by the repeal of subsection (5) of that section and substitution therefor of the following:–
“(5) Notwithstanding anything to the contrary in any other written law, where any foreign fishing boat or any other thing is seized under this section, the authorized officer who seized such boat or other thing shall as soon as possible produce such boat consisting of any other thing before, or make it available for inspection by a Magistrate in whose jurisdiction the port to which the persons and the foreign fishing boat are brought under subsection (4)
who shall make such order subject to the provisions of subsection (1) of section 21 of this
Act as he may deem fit relating to the detention or custody of such boat or other thing pending conclusion of a prosecution instituted in respect of that boat or other thing:
Provided however, that when any fish or aquatic plant so seized is subject to speedy decay, an authorized officer may on the decision of the Director-General or any person authorized by the Director-General shall sell such fish or aquatic plant and shall deposit the proceeds of the sale in the Magistrate’s Court.”;
in subsection (6) of that section by the substitution for the words “Judge of the High Court” and “from the place of arrest to that Judge.”, of the words
“Magistrate” and “from the place of arrest to that of
Magistrate.” respectively.