National Aquaculture Development Authority of Sri Lanka (Amendment) Act 2006

This Act may be cited as the National Aquaculture

Development Authority of Sri Lanka (Amendment) Act,

No. 23 of 2006.

The Long Title to the National Aquaculture

Development Authority of Sri Lanka Act, No. 53 of 1998

(hereinafter referred to as the “principal enactment”) is hereby amended by the substitution for the words “TO DEVELOP

AQUATIC RESOURCES AND THE AQUACULTURE

INDUSTRY ;”, of the Words “TO DEVELOP AND MANAGE

AQUACULTURE, AQUATIC RESOURCES AND

AQUACULTURE OPERATIONS ;”.

Section 3 of the principal enactment is hereby repealed and the following section is substituted therefor :-

3. The administration, management and control of the affairs of the Authority shall be vested in a Board of Directors (hereinafter referred to as the “Board”) consisting of :—

five Directors appointed by the

the following ex-officio Directors :-

the Director-General of

the Chairman of the

the Chairman of the

an officer of the Ministry of the Minister in charge of the subject of Finance, nominated by that

an officer of the Ministry of the Minister in charge of the subject of Irrigation, nominated by that

an officer of the Ministry of the Minister in charge of the subject of Mahaweli

an officer of the Ministry of the Minister in charge of the subject of

an officer of the Ministry of the Minister in charge of the subject of

Section 6 of the principal enactment is hereby amended by the addition at the end of that section, of the following new subsection :-

“(4) The Director-General shall be entitled to be present and to speak at meetings of the Board, but shall not be entitled to vote at such meetings.”.

Section 11 of the principal enactment is hereby amended as follows :-

by the substitution for paragraph (a) of that section, of the following paragraph :-

in paragraph (b) of that section, by the substitution for the words

in paragraph (e) of that section, by the substitution for the words “promote and develop”, of the words “promote, facilitate and develop” ;

by the substitution for paragraphs (f), (g) and (h)

by the repeal of paragraph (i) of that section.

Section 12 of the principal enactment is hereby amended as follows :-

in paragraph (a) of that section, by the substitution for the words “surveys to ascertain the development”, of the words “surveys and assist in the conduct of research to ascertain the development” ; and

by the substitution for paragraph (c) of that section, of the following paragraph :-

Section 13 of the principal enactment is hereby repealed and the following section is substituted therefor :-

13. ( 1) The Board shall appoint a person with wide experience and proven ability in inland fisheries and aquaculture mangement as the Director-General of the Authority (in this

Act referred to as the “Director-General”), who shall be the Chief Executive Officer of the

Authority.

The Director-General shall, subject to the general direction and control of the Board, be responsible for the due administration of the affairs of the Authority and for the exercise and discharge of the powers and functions of the

The Director-General may, subject to the approval of the Board, delegate in writing to any other employee of the Authority, such of his powers or functions as he may consider necessary. Any employee to whom any such powers or functions are delegated, shall exercise and discharge them subject to the directions of the Director-General.”.

The following new sections are hereby inserted immediately after section 14 of the principal enactment, and shall have effect as sections 14A and 14B of that enactment :—

“Director-General of the Authority.

14A. (1) The Director-General may with the approval of the Board, nominate such officers of the Authority not below the rank of an

Aquaculture Extension Officer, to be appointed as Licensing Officers by the

Director-General of Fisheries and Aquatic

Resources.

Any officer appointed as a Licensing

call for and examine at any time a licence issued to any person for the purpose of operating or engaging in an aquaculture operation;

inspect and examine any place or premises in respect of which a licence has been issued ;

take copies of any documents required to be kept and maintained by a licence holder as specified in the terms and conditions of a licence issued or any regulations made under this Act or the Fisheries and

enter and search any place or premises at all reasonable hours of the day in which the

take samples of any fish or other aquatic resource found in any place or premises searched under paragraph (d) ;

seize any poisonous, stupefying substance, including dynamite or other noxious or harmful material, which he has reason to believe has been used or may be used to capture or collect any aquatic resource or ornamental fish ;

to seize any boat, fishing net or other fishing gear or equipment, vehicle or thing which he has reason to believe, has been used in or in connection with the commission of an offence under this Act or the Fisheries and Aquatic Resources Act,

perform and discharge any duty or function assigned to him by the Director-General or the Board, as the case may be.

A Licensing Officer may seek the assistance of the Police in the performance, discharge and exercise of his powers, duties and functions under this Act and it shall be the duty of the Police to render all such assistance as is requested.”.

Section 20 of the principal enactment is hereby amended in subsection (1) of that section, by the addition at immediately after paragraph (e) thereat, of the following new paragraph :—

“(f)

all such sums of money received by the

Authority under section 43F and section 57A of the Fisheries and Aquatic Resources Act,

No. 2 of 1996.”.

The following new sections are hereby inserted immediately after section 32 of the principal enactment, and shall have effect as sections 32A and 32B of that enactment :—

32A.The Authority shall be required to submit annually a report to the Director-General of Fisheries and Aquatic Resources, relating to the work performed by the Licensing Officers during the preceding year.

32B.

Where any building or other structure is being used for any activity contrary to the provisions of this Act or the provisions of Part VI of the Fisheries and Aquatic

Where the person or persons on whom a notice is issued under subsection (1) fails to comply with its requirement within the time specified or within such extended time as may have been granted by the Director-General or the Licensing Officer who issued such notice, the Director-General or such Licensing Officer may make an application to the Magistrate’s

The Magistrate may, after such inquiry as shall be deemed appropriate in the circumstances of the case, make an order for the demolition of the building or other structure in respect of which the application was made.

An order under subsection (3) shall be issued to the Fiscal of such Court, who shall forthwith take all necessary steps to execute such order and shall report in writing to the

Section 37 of the principal enactment is hereby repealed and the following section is substituted therefor :—

37. (1) The Minister may make regulations in respect of any matter required by this Act to be prescribed or in respect of which regulations are authorized by this Act to be made.

In particular and without prejudice to the generality of the powers conferred by subsection (1), the Minister may make regulations in respect of all or any of the following matters :—

the manner of affording protection to aquatic-medium ;

the manner in which aquaculture operations in inland water are to be conducted ;

the measures to be taken and the procedures to be adopted in the management, regulation, conservation and development of aquaculture ;

the collection of statistics and the manner in which persons who are engaged in fishing, marketing or processing of aquaculture operations may forward their information ; and

the prohibition of the use of any specific equipment, device, method or substance for the purpose of or connected with the taking of fish and other aquatic resources for aquaculture and the regulation of the time and manner of taking of fish and other aquatic resources in inland waters.

Every regulation made by the Minister shall be published in the Gazette and shall come into operation on the date of such publication or on such later date as may be specified in such regulation.

Every regulation made by the Minister shall as soon as convenient after its publication in the Gazette, be brought before

Notification of the date on which any regulation made by the Minister is deemed to be rescinded, shall be published in the Gazette.

Section 41 of the principal enactment is hereby amended as follows :—

by the insertion immediately after the definition of

by the addition immediately after the definition of the expression “Provincial Council”, of the following new definitions :—

In the event of any inconsistency between the

Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.

The members of the Board of Directors holding office immediately prior to the date of commencement of this Act shall, notwithstanding the amendment made to section 3 of the principal enactment by this Act, continue to hold such office until the new Board of Directors is constituted under section 3 of the principal enactment, as amended by this Act.

Notwithstanding the amendment made to section 13