5. Amendment of section 3 of the principal enactment

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

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

(1)

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

(2)

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

“(2) Where an Order has been made under subsection (1), the Conservator-General of

Forests shall prepare a Management Plan for

Reserved Forests, in such manner as may be prescribed, for the purposes of conservation of bio-diversity, soil and water and for the preservation of its unique ecosystem, genetic resources and as a habitat of rare and endemic species of flora and fauna.

(3)

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).

(4)

The Minister shall make regulations applicable either to the whole or any specified area of the Reserved Forests in respect of :—

(a)

the administration and management of the

Reserved Forests;

(b)

the matters required to be included in the

Management Plan and the manner and procedure to be followed in the preparation and implementation of such Management

Plan;

(c)

the preparation of Management Agreements for the purpose of obtaining community and non-state sector participation in the sustainable management of Reserved Forests;

(d)

the levying of fees or charges in respect of activities implemented under this subsection, which shall in all cases be equivalent to the value of the benefit obtained from the forest, whether monetary or otherwise. Any such benefit not validly declared shall amount to an offence under this Ordinance and shall be charged and recovered, in such manner as may be specified, as a fine imposed by Court;

( e)

entering into such agreements, cancellation of the same, imposing conditions, levying of fees, formulating strategies for the settlement of disputes in connection with the management of such forest;

(f)

the development of a benefit sharing mechanism among the management partners or stakeholders;

(g)

the procedure to be followed in authorizing the use of non-timber forest produce and dead or fallen sticks for fuel in a Reserved Forest, by the local community;

(h)

the conditions applicable to any activity carried out within the Reserved Forest; and

(i)

the areas in respect of which and the conditions subject to which scientific research may be permitted in a Reserved

Forest.”.

Read on from s 6