Forest (Amendment) Act 2009

This Act may be cited as the Forest (Amendment)

Act, No. 65 of 2009.

The Long Title to the Forest Ordinance (hereinafter referred to as the “principal enactment”) is hereby repealed and the following Long Title substituted therefor :—

“AN ORDINANCE TO CONSOLIDATE AND AMEND THE LAW RELATING

TO THE CONSERVATION, PROTECTION AND SUSTAINABLE MANAGEMENT

OF THE FOREST RESOURCES AND UTILIZATION OF FOREST PRODUCE;

TO PROVIDE FOR THE REGULATION OF THE TRANSPORT OF TIMBER AND

FOREST PRODUCE AND OTHER ACTIVITIES RELATED TO SUCH

TRANSPORT; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH

OR INCIDENTAL THERETO.”.

In the principal enactment and in any other written law there shall be substituted —

Every reference to the “Forest Ordinance” and the

The heading appearing immediately after the word and figure Chapter II of the principal enactment is hereby repealed and the following heading substituted therefor :—

“OF RESERVED AND CONSERVATION FORESTS”

Section 3 of the principal enactment is hereby amended as follows:—

by the re-numbering of that section as subsection (1) thereof;

by the addition immediately after the re-numbered subsection (1) of the following subsections:—

The Conservator-General of Forests or any other officer authorized in writing in that behalf shall implement the Management Plan for the Reserved Forests, in the manner as may be prescribed for the purposes specified in subsection (2).

Section 3A of the principal enactment is hereby amended by the addition immediately after subsection (2)

thereof of the following subsections :—

“(3) Where an Order has been made under subsection (1), the Conservator-General of Forests shall for the purpose of preserving the values described in subsection (1) prepare a Management Plan for

Conservation Forests, in the manner prescribed.

The Conservator-General of Forests or any other officer authorized by him in writing in that behalf shall implement the Management Plan for the Conservation

The Minister shall make regulations in respect of the matters required to be included in the

Where any immovable property, not being a

Section 3D of the principal enactment is hereby amended by the substitution for the words “conservation forest” wherever those words appear in that section of the words “Conservation Forest or Reserved Forest” respectively.

Section 5 of the principal enactment is hereby amended as follows:—

by the substitution for the words “watercourse in a reserved forest” in the section and in the marginal note to that section of the words “watercourse in a

by the substitution for the words “Government

Section 6 of the principal enactment is hereby repealed and the following section substituted therefor:—

6. (1) No person shall be permitted to enter a Conservation Forest other than under the authority of a permit issued by the Conservator-General of Forests or a person authorized by him in that behalf for the purpose of:—

engaging in scientific research within a Conservation Forest;

observing the fauna and flora in a

implementation of the activities prescribed in the Management Plan.

Subject to the provisions of subsection (1), a person who, in a Conservation Forest:—

trespasses or causes trespass or remains therein;

fells, cuts, saws or causes the felling, cutting or sawing of or alters, converts, collects, removes or

removes the bark or leaves from any tree or strips of the bark from any tree or cuts its branches or taps or burns any tree or otherwise damages it;

permits cattle to trespass, cuts grass or any other plant or feeds cattle with such grass or plants;

blocks any waterways within such forest or obtains water from such waterway by means of a pipe line or any other devices or pollutes or poisons water or pollutes the forest environment by dumping and disposing any garbage in the forest;

transports, removes, uproots or destroys any plant or any part of it or causes any loss or damage to any plant or part of it;

sells, exposes, exhibits or offers for sale any plant found within such forest;

kills or attempts to kill any bird, animal, reptile, amphibian or sets traps or snares or guns, constructs and uses ambushes or molests, disturbs or shoots or attempts to molest, disturb or shoot or attempts to remove any such bird, animal, reptile or amphibian;

sells, offers for sale or exposes for sale any bird, animal, reptile or any part of any such bird, animal or reptile;

takes or destroys an egg of any bird or animal or reptile or removes or destroys any dwelling or nest of any bird, animal or reptile;

fires any gun or does any other act which disturbs or is likely to disturb any animal or does any act which interferes or is likely to interfere with the breeding place of any such animal;

possesses or uses any trap or weapon or tool or explosives or poisonous substance which is capable of being used to injure or destroy any animal or plant;

erects any permanent or temporary building or occupies any building so erected;

makes any fresh clearing or quarries stone or extracts coral or molluse shells or digs or mines for plumbago, gems or minerals, burns lime or charcoal or blasts rocks, or collects or removes or transports sand, soil or stones;

kindles or keeps or carries any fire or causes the kindling of any fire or allows any fire to keep burning or to spread;

clears or breaks up soil or digs any land for cultivation or for any other purpose or cultivates any such cleared land or erects a hut or does any other activity on it;

constructs any road or alters or damages any road so constructed or uses a road so constructed;

damages, alters, removes or disfigures any wall, ditch, embankment, fence, hurdle, gutter, hedge, name board or sign board or any other boundary mark;

Any person who aids or abets in the commission of any offence specified in subsection (1), or causes any such offence to be committed shall be guilty of an offence and shall on conviction be liable to the same punishment as is specified for the commission of that offence.

The Conservator-General of Forests may issue permits to engage in scientific research to any person—

who has made an application in the prescribed form; and

made payment of the prescribed fee, for observation of flora and fauna within such areas subject to such terms and conditions as may be prescribed.”.

Section 7 of the principal enactment is hereby repealed and the following section substituted therefor:—

7. (1) Any person who in a Reserved Forest—

trespasses or causes trespass or remains therein;

permits cattle to trespass or cuts grass or any other plant or feed cattle with grass or plants;

fells a tree or cuts or drags timber, causes damage by negligence or intentionally strips off bark or leaves from any tree or girdles, lops, taps or burns a tree or does any act to damage or destroy any tree;

blocks any waterways within such forest or obtains water from such waterway by means of a pipe line or any other devices or pollutes or poisons water or pollutes the forest environment by dumping and disposing any garbage in the forest;

transports, removes, uproots or destroys any plant or any part of it or damages any plant or any part of any plant or sells or exposes for sale or exhibits or offers for sale any plant found within such forest;

kills or attempts to kill, removes, transports, shoots, or attempts to shoot, catches, snares or sets traps to catch, molests or disturbs any bird, animal or reptile or sells or exposes for sale or offers for sale any part of any such bird, animal or reptile or takes or destroys eggs of any such bird, animal or reptile or destroys or removes the dwelling of any such bird, animal or reptile;

quarries stone, burns lime or charcoal, collects any forest produce or subjects them to any process of manufacture, extracts coral or molluse shells digs or mines for plumbago, gems or other form of minerals, collects or removes or transports sand, soil or stones and uses or possesses explosives for such purpose;

kindles or keeps any fire or leaves any fire burning or causes any fire or allows any fire to spread or carries any fire;

fells, cuts, saws, converts, alters, collects, removes or transports any tree or timber or collects, removes, transports or has in his possession, custody or control of any forest produce;

erects a scaffolding or constructs a saw pit;

clears or breaks up soil or digs any land for cultivation or prepares any land for building purposes or cultivates any land already cleared or erects a hut or any building whether permanent or temporary or occupies any building so erected;

constructs any road, alters or damages any road already constructed, uses any road so constructed, damages, alters, disfigures or removes any wall, ditch, embankment, fence, hurdle, gutter, hedge, name board, sign board or any other boundary mark, shall be guilty of an offence and be liable on conviction to imprisonment for a term not exceeding five years or to a fine not less than rupees ten thousand and not exceeding rupees one hundred thousand or to both such imprisonment and fine. In addition to the above, the Court may award compensation for any damage caused to the Reserved Forest.

Any person who aids or abets in the commission of any offence specified in subsection (1), or causes any such offence to be committed shall be guilty of an offence and shall on conviction be liable to the same punishment as is specified for the commission of that offence.”.

Sections 7A and 9 of the principal enactment are hereby repealed.

Section 10 of the principal enactment is hereby amended as follows:—

by the renumbering of that section as subsection (1) of that section;

by the addition immediately after the re-numbered subsection (1) of the following:—

Section 20 of the principal enactment is hereby repealed and the following section substituted therefor:—

20. (1) A person who in a forest other than a

Conservation Forest, Reserved Forest or

Village Forest:—

causes damage by negligence when felling any tree or cutting or dragging any timber;

strips the bark or leaves from any tree or girdles, taps or burns any tree or otherwise damages any tree;

blocks any waterways within such forest or obtains water from such waterway by means of a pipeline or any other devices or pollutes or

quarries stone, burns lime or charcoal or collects any forest produce or subjects them to any process of manufacture, or extracts coral or mollusc shells, or digs or mines for plumbago, gems or any other mineral and uses or is in possession of explosives for such purposes;

feeds cattle with grass, hunts shoots, catches fish or sets traps, snares or guns;

makes any clearings;

sets fire or kindles any fire in such a manner as to endanger any forest or any part of such forest or leaves any fire burning;

kindles, keeps or carries any fire, except during such seasons and in such manner as may be authorized in that behalf from time to time;

fells, cuts, saws, converts, collects, removes or transports any tree or timber or collects, removes, transports or has in his possession, custody or control of any forest produce;

erects a scaffolding or constructs a saw pit;

clears or breaks up soil or digs any land for cultivation or for any other purpose or cultivates any land already cleared;

erects a hut or any building permanent or temporary or occupies any building so erected;

constructs any road or uses any road so constructed;

damages, alters or removes any name board or signboard or any wall, ditch embankment, fence, hurdle, gutter or any other boundary mark or marks false boundaries, shall be guilty of an offence and be liable on conviction to imprisonment for a term not exceeding two years or to a fine not less than rupees five thousand and not exceeding rupees fifty thousand or to both such fine and imprisonment. In addition to the above, the

Any person who aids or abets in the commission of any offence specified in subsection (1), or causes any such offence to be committed shall be guilty of an offence and shall on conviction be liable to the same punishment as is specified for the commission of that offence.

Section 21 of the principal enactment is hereby repealed.

Section 22 of the principal enactment is hereby amended by the substitution for the words “forest officer duly authorized in that behalf” of the words “forest officer or any officer duly authorized in that behalf”.

The following new Chapter (sections 23A, 23B, 23C and 23D) is hereby inserted immediately after Chapter IV of the principal enactment and shall have effect as Chapter IVA of that principal enactment:—

“CHAPTER IV A

PROCEDURE OF OBTAINING A CERTIFICATE OF REGISTRATION

AND A PERMIT

23A. No person shall carry on the business of a timber depot otherwise than under the authority of a Certificate of Registration and a permit authorizing such person to carry on the business stated therein for the period specified in such permit, which is issued by the

Conservator-General of Forests or any officer authorized by the Conservator-General of

Forests in that behalf in writing.

23B. (1) The Conservator-General of Forests or any officer authorized by the Conservator-General of Forests in that behalf may, on application being made to him in such form as may be prescribed, and on payment of the prescribed fee, issue a Certificate of

Registration and a permit to any person authorizing such person to engage in the business of a timber depot subject to specified terms and conditions.

Prohibition on carrying on the business of a timber depot

&c,. without

Certificate of

Registration and a permit.

Issue of permit.

The said permit shall be valid for the period specified therein and may be renewed on payment of the prescribed fee.

Any person who in contravention of the provisions of section 23A, carries on the business of a timber depot shall be guilty of an offence and shall on conviction be liable—

where the offence is for engaging in the business of a timber saw mill which is fixed to the ground or otherwise, a timber sales outlet or a timber seasoning and processing factory to imprisonment for a term not exceeding two years or to a fine not less than rupees ten thousand and not exceeding rupees one hundred thousand or to both such imprisonment and fine; and

where the offence is for engaging in the business of a carpentry shop (mechanical or otherwise), a furniture shop or a shop which sells wooden implements or parts thereof or any wooden articles or a firewood cancellation of Certificate and permit.

Where any person convicted of an offence under subsection (1) continues to commit such offence after a period of six weeks from the date of his conviction, the court may, upon an application made by the

In any case, where such person fails to comply with the Order of Closure, and continues to engage in the business of a timber depot the Magistrate shall, order such person to pay a sum not exceeding five thousand rupees for each day on which he so continues to carry on his business subsequent to the Order and also require and authorize the Fiscal of the

Section 24 of the principal enactment is hereby amended in subsection (1) of that section:—

by the substitution for the words “by land or water”, of the words “by land, air or water”;

by the substitution in paragraph (i), for the words

by the repeal of paragraph (p) thereof, and the substitution therefor of the following paragraphs:—

The following new section is hereby inserted immediately after section 24 of principal enactment and shall have effect as section 24A of that enactment:—

24A. (1) It shall be lawful for an officer of the Department of Customs to levy a fee in respect of all timber or forest produce exported from Sri Lanka, at the port of shipment, at such rates, as are prescribed from time to time.

This section shall be enforced as if it forms part of the Custom Ordinance (Chapter

Section 25 of the principal enactment is hereby amended as follows:—

in subsection (1) of that section—

in subsection (2) of that section—

by the repeal of subsection (2A) of that section and the substitution therefor of the following subsection:—

in subsection (3) of that section by the substitution for the words “in this Chapter,” of the words “in this

Section 26 of the principal enactment is hereby amended as follows:—

by the re-numbering of that section as subsection (1) of that section;

in the re-numbered subsection (1), by the substitution for the words “Government Agent”

by the addition immediately after the re-numbered subsection (1) of the following new subsection:—

Section 27 of the principal enactment is hereby amended as follows:—

in subsection (1) of that section, by the substitution for the words “power to stop and examine any timber during transit” of the words “power to stop and examine any vehicle during its transit for the purpose of ascertaining whether such vehicle is being used to transport or remove any timber or forest produce,”;

in subsection (2) of that section, by the repeal of paragraphs (a), (b) and (c) thereof and the substitution therefor of the following:—

in subsection (3) of that section, by the substitution for the words “to a fine not less than five thousand rupees and not exceeding fifty thousand rupees, or to imprisonment of either description for a term not less than three months and not exceeding six months,”, of the words “to imprisonment of either description for a term not exceeding five years, or to a fine not less than rupees ten thousand and not exceeding rupees one hundred thousand”; and

by the substitution for the words “timber”, wherever that word appears in that section of the words

Section 28 of the principal enactment is hereby amended by the repeal of subsection (2) thereof and the substitution therefor of the following:—

“(2) Any person who obstructs or in any way interferes with any forest officer or police officer, in the exercise of his powers under this section, or who causes the obstruction of, or interferes with the exercise of the powers under this section shall be guilty of an offence and shall on conviction be liable to imprisonment for a term not exceeding five years or to a fine not less than rupees twenty thousand and not exceeding rupees two hundred thousand or to both such imprisonment and fine.”.