Sri Lanka Land Reclamation and Development Corporation (Amendment) Act 2006 · As enacted
3. Insertion of new sections 2A and 2B in Act, 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 2 of the principal enactment and shall have effect as sections 2A and 2B of that enactment :—
2A.
or
No person shall without the written approval of the Corporation, fill or develop in any manner whatsoever, any extent of land situated within any area of land declared to be a Reclamation and Development Area under section 2.
and Area.
The Corporation may, on a written application made by any person seeking approval for filling or developing any extent of land within any area declared to be a
Reclamation and Development Area, grant approval for the same, subject to such terms and conditions as it may consider necessary.
Every person who acts in contravention of the provisions of subsection (1) or fails to comply with the terms and conditions subject to which an approval has been granted under subsection (2), shall be guilty of an offence under this Act.
Where the chief executive officer of the
Corporation is informed that any person is contravening the provisions of subsection (1)
he shall take all appropriate measures to prevent such person from carrying on the unlawful activity, and may where necessary, obtain the assistance of the officer-in-charge of the Police
Station within whose area of authority the extent of land or any part thereof in which the alleged unlawful activity is being carried on, is situated. It shall be the duty of such Police
Officer to provide all necessary assistance to the chief executive officer or any officer or servant authorized in that behalf by the chief executive officer, to prevent such person, his agents or servants from carrying on the unlaful activity, in contravention of the provisions of subsection (1).
“Prohibition against filling developing a
Reclamation
Development
Where under subsection (4), the chief executive officer of the Corporation or the officer or servant authorised by such chief executive officer, fails to prevent any person from carrying on an unlawful activity in contravention of the provisions of subsection (1), he may make an application to the
Magistrate’s Court within whose local jurisdiction the extent of land or any part thereof in which the alleged unlawful activity is being carried on, is situated, for the issue of an order restraining him or his agents or servants from acting in contravention of the provisions of subsection (1) and where necessary for an order granting him authority either to demolish any building or construction whether wholly or partly built which may have been erected on such extent of land or of taking such buildings or construction into his custody.
If on the conclusion of the inquiry under subsection (5) the Magistrate is not satisfied that the person showing cause has lawful authority to fill or develop the extent of land, he shall —
make an order restraining such person or his agents and servants from doing any act in contravention of this section; and
where necessary, make order authorising the demolition of any building or construction built thereon.
Where any person to whom approval has been granted under subsection (2) has failed to comply with the terms and conditions subject to which such approval was granted, the chief executive officer of the Corporation may direct such person to comply with the same and where such person fails to do so, he may make an application to the Magistrate’s Court within whose jurisdiction the extent of land or any part thereof is situated, and obtain an order—
restraining such person, his agents and servants from acting in contravention of the terms and conditions imposed ;
and
enabling the Corporation to carry out or cause to be carried out the work in compliance with the terms and conditions imposed and charge the cost of such operation on that person.
The provisions of section 20A of this Act shall apply in respect of an application made under subsection (5) and subsection (7)
respectively.
2B. (1) The Minister may with the concurrence of the Minister in charge of the subject of Lands, by Order published in the
Gazette determine any area of land other than an area declared to be a Reclamation and
Development Area under section 2, as a low-lying, marshy, waste or swampy and specify in such Order the requirements to be complied with in filling or developing any such area.
An Order under subsection (1) declaring an area as low lying, marshy, waste or swampy shall define such area by setting out the metes and bounds of such area.
It shall be the duty of every person who proposes to carry out any filling or development activity in any area declared under subsection
Declaration of an area as low lying marshy, waste or swampy.
, to comply with the requirements specified in the Order made under that subsection and any person who acts in contravention, thereof shall be guilty of an offence under this Act.
Where an Order under subsection (1) is made, the local authorities or any authorities within the area declared by such Order, whose approval is required for the purpose of construction of buildings or sub-division, shall, in granting such approval, ensure that the requirements specified in that Order are complied with and where such requirements are not complied with, notwithstanding anything to the contrary in any other written law, have the power to refuse to approve such construction of buildings or sub-division as the case may be, until such requirements are complied with to its satisfaction.
Where the chief executive officer of the
Corporation is informed that any person is acting in contravention of subsection (3), he may make an application to the Magistrate’s
Court within whose local jurisdiction the area declared under subsection (1) is situated for the issue of an Order restraining such person or his agents or servants from acting in contravention of the provisions of subsection (3) and where necessary for an Order granting authority to demolish any building or construction whether wholly or partly built which may have been erected in any such area.
The provisions of section 20A of this Act shall apply in respect of an application made under subsection (5).
If on the conclusion of the inquiry the
Magistrate is not satisfied that the person showing cause has sufficient reason for not complying with the requirements specified in the Order made under subsection (1), he shall make an order restraining such person or his servants and agents from doing any act in contravention of this section and an order authorising the demolition of any building or construction erected thereon.”.