As enacted

Contents

20. Insertion of new sections 22AA and 22AB in the principal enactment

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

The following new sections are hereby inserted immediately after section 22A of the principal enactment and shall have effect as sections 22AA and 22AB of that enactment:-

Act, No. 39 of 2024

22AA.

of the

(1)

The Commission shall, with the assistance of the Sri Lanka Navy, the

Department of Coast Guard and Sri Lanka

Police, monitor, manage and protect the submarine cables laid within the territorial waters of Sri Lanka connected with the provision of any telecommunication service under this Act, subject to the advice of the

National Submarine Cable Protection

Committee established under subsection (2)

of this section.

cables

(2)

There shall be established a committee called and known as the National Submarine

Cable Protection Committee (in this section and section 22AB referred to as the

“Committee”) consisting of the following members:-

(a)

the Director-General of the

Commission who shall be the

Chairman of the Committee;

(b)

an officer of the Sri Lanka Navy nominated by the Commander of the Navy;

(c)

a Coast Guard Officer of the Coast

Guard Department nominated by the

Director-General of such

Department;

(d)

a police officer of the police force nominated by the Inspector General of Police;

(e)

an officer of the Customs nominated by the Director-General of Customs appointed under section 2 of the

Customs Ordinance (Chapter 235);

“Responsibility

Commission to protect submarine

Act, No. 39 of 2024

(f)

an officer not below the rank of

Senior Assistant Secretary to the

Ministry of the Minister assigned the subject of the Fisheries and Aquatic

Resources nominated by the

Secretary to such Ministry;

(g)

an officer of the Marine Environment

Protection Authority established by the Marine Pollution Prevention

Act, No. 35 of 2008 nominated by the General Manager of such

Authority;

(h)

an officer of the

Central

Environmental

Authority established by the National

Environmental Act, No. 47 of 1980, nominated by the Director-General of such Authority;

(i)

the providers issued with licences under paragraph (C) of subsection (1)

of section 17B to operate a cable landing station; and

(j)

an officer nominated by the Director-General of Merchant Shipping appointed under section 3 of the

Merchant Shipping Act, No. 52 of 1971.

(3)

The Committee shall have the following powers and functions:-

(a)

to advise the Commission in the monitoring, management and protection of the submarine cables laid within the territorial

Act, No. 39 of 2024

waters of Sri Lanka connected with the provision of any telecommunication service under this Act;

(b)

to make recommendations to the

Minister in formulations of policies regarding protection and resilience of submarine cables and submarine cable landing stations; and

(c)

to exercise or discharge any other powers or functions as may be prescribed.

22AB. (1) The President may, by proclamation published in the Gazette, on the recommendations made by the Minister, declare any zone of the sea adjacent to the territorial waters including exclusive economic zones, to be the protection zone (hereinafter referred to as the “protection zone”) in relation to a submarine cable and submarine cable landing station.

(2)

The Minister shall, prior to making recommendations under subsection (1), obtain the recommendations of the Committee in respect of such matter.

(3)

Where any operator requests the Minister to declare any zone as a protection zone under subsection (1), the Minister shall obtain the recommendations of the Committee and submit his recommendations to the President.

(4)

Where the President refuses to declare such zone as a protection zone, the Minister shall cause to be informed of such decision to the relevant operator.

Protection zone to be declared by the President

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(5)

An operator who is aggrieved by the decision of the President may appeal to the

Minister within forty five days from the date of such decision.

(6)

The Minister shall, in consultation with the Committee, make his recommendations on the appeal to the President, and the President may make decision on the appeal within forty five days from the date of receipt such appeal.

The decision of the President made under this subsection shall be final and conclusive.

(7)

A proclamation made under subsection (1), may be revoked or varied by the President in like manner.”.

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