Fisheries & Aquatic Resources (Amendment) Act 2004

This Act may be cited as-the Fisheries and Aquatic — Shor Title.

Resources (Amendment) Act, No. 4 of 2004.

No. 2 of 1996 (hereinafter referred to as the “principal

Section 27 of Act

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No. 2 of 1996, enactment”) is hereby amended as follows —

in subsection (1) of that section —

in subsections (2) and (3) of that section, by the substitution for the words “poisonous, explosive or stupefying substance” of the words “poisonous, explosive or stupefying substance (including dynamite)”.

The following new scction is hereby inserted immediately after section 29 of the principal cnactment and shall have effect as section 29a of that enactment :-

“Presumption.

29a. In any prosecution for an offence referred to in section 27 it shall be presumed, unless the contrary is proved, that such poisonous, explosive or stupefying substance (including dynamite) or other noxious or harmful material or substance was uscd, carried or possessed for any of the purposes referred to in section 27." .

The following new section is hereby inserted immediately aficr section 46 of the principal enactment and shall have the cfect as section 46a of that enactment :—

“Granting of bail.

“46a. No bail shall be allowed by a Magistrate to any person who is accused of an offence under paragraph (a) or (b) of subsection (1) or subsection (3) of section 27 of this Act:

Provided however, the High Court of the

Province established under Article 154p of the

Constitution may, for exceptional circumstances shown to the satisfaction of the Court, allow bail to such person who is accused of an offence under paragraphs (a) or (b) of subsection (1) or subsection (3) of section 27 of this Act.”.

Section 49 of the principal enactment is hercby amended by the repeal of subsection (3) of that section and the substitution therefor of the following subsections :—

“(3) Any person who contravenes the provisions of paragraph (a) of subsection (1) or subsection (3) of section 27, of this Act shall be guilty of an offenceé'ahd shall on conviction after summary trial before a Magistrate, be liable to

Fisheries and Aquatic Resources (Amendment)

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Act, No. 4 of 2004

imprisonment of cither description for a term not less than three years and not exceeding five years or to a fine not less than one hundred thousand rupees and onasccond or subsequent conviction to imprisonment of cither description for a term not less than five years and not exceeding seven years or to a fine not less than five hundred thousand rupecs.

Ary person who contravenes the provisions of paragraph (5) of subsection (1) or subsection (2) of section 27 of this Act, shall be guilty of an offence under this Act and shall on conviction after summary trial before a

The following new section is hereby inserted immediately after section 49 of the principal cnactment and shall have effect as section 49a of that cnactment —

“Sanction of the Director-General.

No prosecution shall be commenced in respect of an offence under section 27 except with the prior wriltcn approval of the Director-General.”

In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.