FAUNA AND FLORA PROTECTION

(1) The Minister may by Order published in the Gazette declare that any specified area of State land shall for the purposes of this Ordinance be a National Reserve and may by that Order or by any Order subsequently published in the Gazette declare that the whole or any specified part of any such National Reserve shall be-

(2) The Minister may by Order published in the Gazette declare that any specified area of land within Sri Lanka (other than land declared to be a National Reserve) shall be a Sanctuary for the purposes of this Ordinance.

(3) An area declared to be a Sanctuary may include both State land and land other than State land.

(4) The Minister may by Order published in the Gazette declare that from a specified date-

(5)

(1) Save as hereinafter provided-

(1A) No person shall, on any State land or any part thereof within any Sanctuary, carry, or have in his possession or under his control, a gun, or a cartridge or other explosive of any description except under the authority, and in accordance with the terms or conditions, of a permit issued by the prescribed officer upon the payment of the prescribed fee. The preceding provisions of this subsection shall be in addition to, and not in derogation of, the provisions of the Firearms Ordinance.

(2) Any person shall be entitled, subject to such conditions and restrictions as may be prescribed, to enter any Intermediate Zone and to hunt, shoot, kill or take any wild animal therein.

(3) Nothing in the preceding provisions’ of this section shall be deemed or construed to prohibit or restrict the exercise by any person of any right acquired by him, whether by law or custom or usage, in or over any land situated within the limits of any Nature Reserve, or Jungle Corridor, or in or over any State land in any Sanctuary, being a right which was so acquired by such person prior to the date of the establishment of such Reserve, Corridor or Sanctuary.

(4) Any right referred to in subsection (3) which has not been, or is not. exercised by the person entitled thereto for a continuous period of two years shall be deemed to have lapsed, or to lapse, and to have been, or to be, ceded to the State.

(1) No person other than the Director shall enter or remain within any Strict Natural Reserve except-

(2) A permit under subsection (1) (b) shall be issued only for the purpose of authorizing scientific research.

(1) No person shall enter or remain within any National Park except under the authority and in accordance with the conditions of a permit issued by the prescribed officer on payment of the prescribed fee.

(2) A permit under subsection (1) shall be issued only for the purpose of enabling the permit-holder to study or observe the fauna and flora in a National Park.

(3) If no fee is prescribed for the issue of a permit under subsection (1), such permit shall be issued free of charge.

(1) No person shall enter or remain within any Nature Reserve or Jungle Corridor except under the authority and in accordance with the conditions of a permit issued by the prescribed officer on payment of the prescribed fee.

(2) If no fee is prescribed for the issue of a permit under subsection (1), such permit shall be issued free of charge.

(1) No person shall in a Strict Natural Reserve, National Park, Nature Reserve or Jungle Corridor-

(2) No person shall introduce any animal into any Strict Natural Reserve, National Park, Nature Reserve or Jungle Corridor, or tether, liberate or release any animal therein.

(3) No person shall lead, or allow to stray any domestic animal into any National Reserve- It shall be lawful for the Director or any officer authorized by the Director to seize any domestic animal within any National Reserve and to release it to the owner thereof on the payment of a prescribed fine if such animal is claimed within twenty-eight days of such seizure. Any animal not so claimed may be disposed of by the Director in such manner as he may deem fit.

(1) No person shall fish or take any acquatic animal or plant from any waters within a National Reserve, or Sanctuary which is on State land, except under the authority, and in accordance with the conditions, of a permit issued by a prescribed officer on payment of the prescribed fee.

(2) No person shall remove any object of archaeological, pre-historic, historical, geological or other scientific interest, or any other object of mineral value, from any National Reserve or Sanctuary except under the authority, and in accordance with the conditions, of a permit issued by the prescribed officer on payment of the prescribed fee.

(3) If no fee is prescribed for the issue of a permit under subsection (1) or subsection (2), such permit shall be issued free of charge.

(4) Where the prescribed officer is satisfied that any application for the issue of a permit under subsection (1) is for the purpose of enabling the applicant to catch fish in any waters referred to in that subsection for the local consumption of the inhabitants of any village who have, by custom or usage, fished in such waters for that purpose, then, notwithstanding the provisions of that subsection, such officer shall issue such permit free of charge.

(1) No person shall, except in accordance with regulations-

(2) No person shall, except in accordance with regulations, introduce any animal into any Intermediate Zone or tether, liberate or release any animal therein.

(a) prescribing the conditions and restrictions subject to which persons may be permitted to enter any Intermediate Zone or to hunt, shoot, kill or take any wild animal therein;

(b) prescribing the circumstances and cases in which and the conditions and restrictions subject to which wild animals may be hunted, shot, killed or taken in a Sanctuary;

(c) prescribing the conditions to be attached to any permit issued for the purposes of this Part of this Ordinance and the fees to be paid for the issue of such permits ;

(d) for the purpose of extending, with such modification as may be necessary, all or any of the provisions of Part II or of Part III of this Ordinance to any Intermediate Zone or Sanctuary;

(e) for the purpose of extending, with such modification as may be necessary, all or any of the provisions of this Part of this Ordinance to any specified insect;

(f) declaring that all or any of the provisions of this Part of this Ordinance shall not apply to any specified species of animal in any specified area.

(a) any provision of this Part of this Ordinance ; or

(b) any regulation made under section 9 for any purpose set out in that section; or

(c) any provision of Part II or Part III of this Ordinance which has by regulation been extended, with or without modification, to any Intermediate Zone or Sanctuary; or

(d) any provision of this Part of this Ordinance which has by regulation been extended, with or without modification, to any specified insect, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five hundred rupees or to imprisonment of either description for a term which may extend to six months or to both such fine and imprisonment.

(a) any head of cattle, or any sheep, goat, horse, ass, mule, dog, or cat;

(b) any domestic fowl or other bird commonly reared by man as poultry; and

(c) when domesticated by man, any elephant, buffalo, pig, deer, hare, rabbit, peacock, parrot, pigeon, or other animal;

(1) Save as is hereinafter provided, no person shall, in any area outside a National Reserve or a Sanctuary-

*(3) Every licence under subsection (1) shall be issued in the prescribed form on payment of the prescribed fee and shall continue in force for such period and within such limits and be subject to such conditions as the Director may consider necessary or expedient to insert therein. (* Subsection (2) is repealed by Act No 1 of 1970.)

(4) The holder of any licence under subsection (1) (c) shall not later than fifteen days after the expiry of the licence return the expired licence to the Director or the prescribed officer and intimate to him the particulars of any buffalo, deer or fowl captured or killed.

(1)

(2) Every declaration under subsection (1) shall be forthwith reported by the Director to the Minister and shall continue in force for a period of two months from the date of such declaration.

(3) The Minister may by notification in the Gazette extend or restrict the period for which such declaration shall continue in force, or may otherwise vary or revoke such declaration, but without prejudice to anything done or suffered thereunder prior to the publication of such notification.

(1) It shall be lawful for the owner or person in charge of any cultivated land at any time to set, lay or spread any trap, snare, net or pitfall in or upon that land for the purpose of killing or taking any deer or fowl which trespasses or attempts to trespass thereon.

(2) Save as provided in subsection (1), no person shall set, lay or spread any trap, snare, net or pitfall for the purposes of taking any deer or fowl.

(1) Any elephant duly killed or taken by any person under the authority of any licence issued under this Part of this Ordinance, shall be the property of that person, unless otherwise provided in the conditions attached to the licence.

(2) Subject to the provisions of subsection (1), every elephant which is killed or captured shall be the property of the State,

(3) Any buffalo, deer, or fowl duly killed or taken by any person in accordance with the provisions of this Part of this Ordinance shall be the property of that person, unless otherwise provided in the conditions attached to the licence, where any such buffalo, deer or fowl was killed or taken under the authority of a licence.

(1) A royalty according to such rates as may, from time to time, be prescribed shall be levied as export duty by the officers of customs at the port of shipment in respect of every elephant, whether wild or tame, exported from Sri Lanka to any place outside Sri Lanka.

(2) No elephant, whether wild or tame, shall be exported from Sri Lanka to any place outside Sri Lanka except under the authority of a special permit issued by the Director.

(3) This section shall have effect as if it formed part of the Customs Ordinance and the provisions of that Ordinance shall apply accordingly.

(a) in contravention of this Part of this Ordinance or contrary to the tenor of any licence issued to him thereunder, hunts, shoots, kills, injures, takes, follows, or pursues any elephant; or

(b) exports any elephant, whether wild or tame, from Sri Lanka except under the authority of a special permit issued under section 19, or in any way evades payment of the royalty payable on such export,

shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two thousand rupees or to imprisonment of either description for a term which may extend to two years or to both such fine and imprisonment; and where any person who is convicted of an offence mentioned in paragraph (a) of this section in respect of the killing or taking of any elephant is found by the court to be in possession of that elephant or its car case or tusks, the court may make order directing such elephant, car case, or tusks to be delivered to the possession or custody of any officer of Government to be held by that officer for and on behalf of the State.

(1) Subject to the provisions of subsection (2), any person who takes, dismembers, removes, sells or purchases the car case, or any part of the car case, of any dead elephant which is the property of the State shall be guilty of an offence and shall on conviction he liable to a fine not exceeding two hundred rupees or to imprisonment of either description for a term which may extend to one month or to both such fine and imprisonment.

(2) Nothing in subsection (1) shall apply to the car case or any part of the car case of any dead elephant which is the property of the State if such car case or such part of the car case has been disposed of by the Director under section 18.

(1) in contravention of this Part of this Ordinance or contrary to the tenor of any licence issued to him thereunder, hunts, shoots, kills, or takes any buffalo, deer, or fowl; or

(2) in contravention of this Part of this Ordinance-

(3) during the close season takes or removes the eggs of any fowl, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding three hundred rupees or to imprisonment of either description for a term which may extend to three months or to both such fine and imprisonment.

(1) No person shall own, have in his custody or make use of an elephant unless it is registered and unless a licence in respect of the elephant has been obtained in accordance with the provisions of this of section.

(2) Every person who owns or has in his custody an elephant shall register such elephant with the prescribed officer.

(3) Every person who owns or has in his custody an elephant shall, prior to registration, pay such registration fee as may be prescribed.

(4) The Director shall maintain a register of elephants in such form as may be prescribed.

(5) Every person who owns or has in his custody an elephant shall, upon payment of the prescribed licence fee, obtain from the prescribed officer an annual licence in respect of such elephant.

(6) Where a person becomes the owner, or obtains the custody, of an elephant by virtue of sale, gift, the death of the previous owner or in any other manner whatsoever, such person shall immediately inform the Director or prescribed officer and, if the elephant is registered or licensed, take such steps as may be prescribed to have the previous registration and licence cancelled and to have a fresh registration made and a fresh licence obtained.

(7) Any person who owns, has in his custody or makes use of an elephant which is not registered, and in respect of which a licence has not her obtained, in accordance with the provisions of this section, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five hundred rupees or to imprisonment of either description which may extend to three months or to both such fine and imprisonment.

(8) Regulations may be made-

(1) Any person who is in unlawful possession of an elephant shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two thousand rupees or to imprisonment of either description for a term which may extend to one year or to both such fine and imprisonment; and the court may on the conviction of any such person make order for the disposal of the elephant in respect of which the offence was committed, having regard to the rights of any other person who may appear to the court to be lawfully entitled to the possession of such elephant-

(2) A person who is found in possession of an elephant shall be deemed to be in unlawful possession of that elephant unless-

(1) No person shall have in his possession a tusk or tush unless such tusk or tush has been registered with a prescribed officer.

(2) Every prescribed officer shall keep a register for the registration of tusks and tushes in such form as may be prescribed.

(3) Any person who has in his possession a tusk or tush which has not been registered shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two hundred rupees or to imprisonment of either description for a term which may extend to two weeks or to both such fine and imprisonment.

(4) The court may, on the conviction of any person of an offence under subsection (3), make order for the disposal of the tusk or tush in respect of which the offence was committed, having regard to the rights of any other person who may appear to the court to be lawfully entitled to the possession of such tusk or tush.

(5) Regulations may be made-

(1) Where it appears to the Director or to any police officer or other prescribed officer that any person is in unlawful possession of any elephant, tusk or tush, it shall be lawful for the Director or such police or other prescribed officer to seize such elephant, tusk or tush and detain such elephant and to apply to the Magistrate having jurisdiction over the place where the elephant, tusk or tush was seized to make order for the disposal of such elephant, tusk or tush and the Magistrate to whom such application is made may, after such inquiry as he may deem necessary, make such order for the disposal of the elephant, tusk or tush as the justice of the case may require.

(2) An order made under this section shall not affect the liability of any person to be prosecuted for any offence committed in respect of the elephant, tusk or tush to which the order relates.

(1) Any person who is in unlawful possession of-

(2) A person who is found in possession of

(a) Sambur (Rusa unicolor unicolor),

(b) Spotted deer (Axis axis Ceyionensis

(c) Red or barking deer (Muntiacus malabaricus),

(d) Mouse deer (Tragalus meminna);

(a) Pea fowl (pavo cristalus),

(b) Ceylon spur fowl (Galloperdix bisalcarata),

(c) Grey partridge (Francolinus pondicerianus),

(d) Painted partridge (Francolinus pieIus),

(e) Jungle fowl (gallus lafayetteii),

(f) Ceylon jungle bush quail (perdicula asialica Ceyionensis),

(a) any elephant seized or taken at any elephant kraal held under the Elephant Kraal Ordinance, or

(b) any buffalo seized or taken at any buffalo kraal held in such manner and circumstances and subject to such conditions as may be prescribed.

(1) Any person who in any area outside a National Reserve or a Sanctuary-

(2) A person shall not be guilty of an offence under this section if the act which constitutes such offence has been done in the circumstances and subject to the conditions under which such act is authorized or permitted by any regulation made under section 32.

(1) Any person who in any area outside a National Reserve or Sanctuary-

(2) A person shall not be guilty of an offence under this section if the act which constitutes such offence has been done in the circumstances and subject to the conditions under which such act is authorized or permitted by any regulation made under section 32

. (3) Every licence referred to in subsection (1) shall be issued in the prescribed form on payment of the prescribed fee and shall be valid for such period and within such limits, and be subject to such conditions, as the Director may consider necessary or expedient.

(1) A certificate purporting to be signed by any competent authority to the effect that any bird, beast, or reptile or part of any bird, beast, or reptile forwarded to him for examination and report is a bird, beast, or reptile or a part of a bird, beast, or reptile of a species for the time being included in Schedule 1, Schedule II, Schedule III or Schedule IV, shall, on production in any court of law, be sufficient evidence of the facts stated in such certificate until the contrary is proved.

(2) For the purposes of subsection (1), the expression ” competent authority” means-

(1) No person shall import into Sri Lanka any living bird, beast, or reptile of a species which is not indigenous to Sri Lanka, or the eggs of any such bird or reptile,

except upon a permit in the prescribed form obtained from the prescribed officer on payment of the prescribed fee.

(2) This section shall have effect as if it formed part of the Customs Ordinance and the provisions of that Ordinance shall apply accordingly.

(3) In any case of doubt or dispute a certificate purporting to be signed by the Director of Museums to the effect that any bird, beast or reptile belongs to a species which is not indigenous to Sri Lanka or that any species of any bird, beast, or reptile is a species not indigenous to Sri Lanka, or that any egg of any bird or reptile is the egg of a bird or reptile of a species which is not indigenous to Sri Lanka shall for all purposes be final and conclusive as to the facts stated therein.

(4) In this section the expression “bird, beast, or reptile” does not include a domestic animal as defined in section 11.

(a) requiring any person who imports any bird, beast or reptile on a permit issued under section 37 to produce a certificate from an approved authority that such bird, beast, or reptile is free from disease or infection;

(b) prohibiting any bird, beast, or reptile imported on a permit issued under section 37 from being liberated or released in any pan of Sri Lanka, or prescribing any area or areas within which any such bird, beast, or reptile may be liberated or released ;

(c) exempting any specified species of bird, beast, or reptile from the operation of section 37 or of any regulation made under this section.

(1) Any person who-

(2) Any person who liberates or releases any bird, beast, or reptile which has been imported into Sri Lanka in contravention of the provisions of section 37 shall be guilty of an offence and shall, in addition to any punishment to which he may be liable under subsection (1). be liable on conviction to a fine of five hundred rupees in respect of each bird, beast, or reptile so liberated or released.

(1) No person shall export from Sri Lanka

(2) Such permit shall not be issued except for the promotion of scientific knowledge including supplies to museums, zoological gardens and in exchange for supplies to local museums or zoological gardens or for such other purposes as may be prescribed.

(3) This section shall have effect as if it formed part of the Customs Ordinance, and the provisions of that Ordinance shall apply accordingly.

(4) In this section-

” bird ” or ” reptile ” does not include any bird or reptile of a species which is not indigenous to Sri Lanka;

” beast ” does not include-

(5) In any case of doubt or dispute a certificate purporting to be signed by the Director of Museums to the effect that any bird, beast, or reptile belongs to a species which is not indigenous to Sri Lanka, or that any species of any bird, beast, or reptile is a species not indigenous to Sri Lanka, or that any part of any bird, beast, or reptile is a part of a bird, beast, or reptile of a species which is not indigenous to Sri Lanka, or that any egg of any bird or reptile is the egg of a bird or reptile of a species which is not indigenous to Sri Lanka shall for all purposes be final and conclusive as to the facts stated therein.

(1) No person shall in any area-

(2) If no fee is prescribed for the issue of a permit for the purposes of subsection (1), that permit shall be issued free of charge.

(a) prohibiting or regulating the exportation from Sri Lanka of any specified plant, whether or not such plant is included for the time being in Schedule V;

(b) prohibiting or regulating the cultivation of any specified plant;

(c) prescribing the conditions to be attached to any permit issued under section 42;

(d) generally, for the protection and conservation of the wild vegetation, plant life and flora of Sri Lanka.

(a) of the provisions of section 42 or of any permit issued to him under that section or of any condition attached to any such permit; or

(b) of the provisions of section 43 ; or

(c) of any regulation made under section 45, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred rupees or to imprisonment of either description for a term which may extend to one month or to both such fine and imprisonment.

(a) the Forest Ordinance, or any rules or regulations made thereunder;

(b) the Water Hyacinth Ordinance ;

(c) the Plant Protection Ordinance, or of any regulation made thereunder;

(d) the Tea Control Act, or of any regulation made thereunder;

(e) the Rubber Control Act, or of any regulation made thereunder;

(f) any other written law relating to the cultivation or to the regulation or the prohibition of the cultivation of any plant.

(1) No person shall carry on or exercise the business or trade of a taxidermist, tanner, curer or trophy-dealer, or any other business or trade involving the purchase or sale of any animal, whether dead or alive, or of any part of any dead animal, except upon a licence in respect of each such business or trade in the prescribed form obtained from the prescribed officer on payment of the prescribed fee.

(2) Every licence issued under subsection (1) shall be subject to the prescribed conditions and if no fee is prescribed for the issue of such a licence, it shall be issued free of charge.

(3) In this section “animal” means an animal as defined in section 11, but does not include a domestic animal as defined in that section.

(1) The Minister may by notification in the Gazette declare any road in any area outside a National Reserve or a Sanctuary to be a prohibited road for the purposes of this Ordinance.

(2) Any person who discharges any gun on any prohibited road or on any land adjoining any such road and reserved for its extension, protection or benefit, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred rupees or to imprisonment of either description for a term which may extend to one month or to both such fine and imprisonment.

(3) Regulations may be made prescribing the means by which and the manner in which the fact that any road is a prohibited road for the purposes of this Ordinance may be brought to the notice of members of the public who have occasion to use that road or to travel thereon.

(a) hunt, shoot, kill, or take any animal, reptile, or bird, between sunset and sunrise;

(b) set, lay, or spread any net, pitfall, trap, snare or other instrument for the purpose of killing or taking any animal, reptile, or bird ; or

(c) construct or use any ambush, or hide on the ground or on a tree for the purpose of shooting or injuring any animal, reptile or bird.

(1) The Director may by a writing under his hand authorise any person to do any act otherwise prohibited or penalized under this Ordinance or any regulation made thereunder, if in the opinion of the Director such act should be authorized for the protection, preservation or propagation, or for the scientific study or investigation, or for the collection of specimens for a zoo, museum or similar-institution, of the fauna and flora of Sri Lanka.

(2) No person authorized under subsection (1) to do any act shall, by reason only of the commission of that act, be guilty of an offence under this Ordinance or any regulation made thereunder.

(1) The Director or any officer empowered to issue a licence or permit under this Ordinance or any regulation made thereunder may in his discretion-

(2) Any person aggrieved by the refusal or revocation of any permit or licence (other than a licence under section 49) may appeal against such refusal or revocation to the Minister.

(3) Any person aggrieved by the refusal to issue a licence under section 49 or by the revocation of any licence issued under that section may appeal against such refusal or revocation to the Minister.

(4) The decision of the Minister on any appeal preferred under subsection (2) or subsection (3), as the case may be, shall be final and conclusive.

(5) Regulations may be made prescribing the time within which appeals shall be preferred and generally in respect of all matters incidental to or connected with the hearing or disposal of such appeals.

(1) No person other than the person named in any licence or permit issued under this Ordinance or any regulation made thereunder shall be entitled under cover of that licence or permit to do any act to authorize which that licence or permit was issued.

(2) Any person who transfers to any other person any licence or permit issued to him under this Ordinance or any regulation made thereunder shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred rupees or to imprisonment of either description for a term which may extend to one month or to both such fine and imprisonment.

(1) An act otherwise prohibited or penalized under this Ordinance or any criminal regulation made thereunder shall not be an offence if it is done-

(2) In this section the expressions “animal”, ‘”domestic animal” and “wild animal” respectively have the meanings assigned to those expressions in section 11.

(3) The following provisions shall apply in any case where any wild animal is killed or taken by any person in such circumstances that such killing or taking is not an offence by virtue of the operation of subsection(l):-

(4) Any person who fails to report the killing or taking of any wild animal to any police officer or grama seva niladhari or prescribed officer as required by paragraph (a) of subsection (3)

shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two hundred and fifty rupees or to imprisonment of either description for a period which may extend to three months or to both such fine and imprisonment.

(1) Except as is hereinbefore expressly provided in regard to the disposal of any elephant or of the car case of any elephant or the tusks of any tusker on the conviction of any person for an offence relating to an elephant, any animal or any part of any animal in respect of which any offence has been committed and any gun, vehicle, boat, artificial light, snare, net, trap, or other instrument, contrivance, appliance or thing used in or for the commission of any offence may be confiscated by order of the court before which the offender is convicted and may be disposed of in such manner as the court may direct.

(2) In this section ” animal” means an animal as defined in section 11.

(1) Where a police officer or prescribed officer has reasonable grounds for believing that any person has committed an offence he may, subject to such restrictions as may be prescribed-

(2) Any person who without reasonable cause fails to produce and hand over anything which a police officer or prescribed officer acting under the provisions of this section may require him to produce or hand over, shall be guilty of an offence.

(3) Any person who-

(a) who is guilty of prevarication in any judicial trial for an offence under this Ordinance; or

(b) who wilfully fails in his duty to report any offence under this Ordinance, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred rupees or to imprisonment of either description for a term which may extend to one month or to both such fine and imprisonment.

(1) For the purpose of preventing the commission of offences against section 8 of this Ordinance on any portion of any road running alongside a Strict Natural Reserve, National Park or Intermediate Zone, Nature Reserve, Jungle Corridor or Sanctuary-

(2) Where the person for the time being in charge of any vehicle which is stopped at any barrier under subsection (1) refuses, upon being required so to do under that subsection, to permit a prescribed officer or any person specified by such officer to travel in the vehicle, it shall be lawful for the prescribed officer to take such steps as may be necessary to prevent the vehicle from proceeding beyond the barrier.

(a) over the part of the coast nearest to which the offence was committed ; or

(b) over the place at which the person came ashore after the commission of the offence, shall have jurisdiction to try the offence.

(1) Notwithstanding anything to the contrary in the First Schedule to the Code of Criminal Procedure Act, every offence under this Ordinance shall be a cognizable offence and a bailable offence of within the meaning of that Act.

(2) The Director and every prescribed officer shall have the power to release any person arrested under this Ordinance on bail or on such person executing a bond with or without sureties.

(1) The Director and, subject to the provisions of subsection (2), every prescribed officer shall exercise the powers that may be exercised in respect of cognizable offences by an inquirer, or by an officer in charge of a police station, under the provisions of Chapter XI of the Code of Criminal Procedure Act.

(2) The powers referred to in subsection (1) shall not be exercised by a prescribed officer in any place which is outside the limits of the area to which he is appointed.

(3) An inquiry under this section shall be held at or in the neighbourhood of the place in which the offence is alleged to have been committed.

(a) that land were a holding under that Ordinance,

(b) the notice issued under this section were a notice under section 119 of that Ordinance,

(c) the reference in section 124* of that Ordinance to the person whose grant has been cancelled were a reference to the person to whom a notice under this section has been issued, and

(d) the district director of the district or area in which that land is situate were the Government Agent exercising, discharging or performing in respect of a holding any power, duty or function imposed upon or assigned to the Government Agent under that Ordinance.

(1) For the purposes of this Ordinance, there may be appointed-

(2) In the exercise of their powers and in the discharge of their duties under this Ordinance all persons, officers and servants appointed under this section shall be subject to the general direction and control of the Minister.

(3) All persons, officers and servants appointed under this section shall be deemed to be public servants within the meaning of the Penal Code.

(1) The Minister may appoint an advisory committee which shall consist of the Director as chairman and of eleven other persons, for the purpose of advising the Director and making recommendations to the Minister on all matters and questions relating to the fauna and flora of Sri Lanka.

(2) Meetings of the advisory committee shall be held at least twice in every year.

(3) The advisory committee shall be entitled to determine its own procedure in any matter of procedure for which no provision is prescribed.

(1) The Minister may make regulations for the purpose of carrying out or giving effect to the principles and provisions of this Ordinance.

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

(3) Every regulation made by the Minister shall be brought before Parliament by a motion that such regulation shall be approved. No regulation made by the Minister shall have effect until it has been approved by Parliament, Notification of such approval shall be published in the Gazette.

(4) A regulation made by the Minister when approved by Parliament shall, upon notification of such approval in the Gazette, be as valid and effectual as if were herein enacted.

(1) In this Ordinance, unless the , context otherwise requires-

” close season ” means the period from the thirtieth day of April to the thirty-first day of October in each year, or such other period as may be prescribed in respect of any particular species of bird or beast either throughout the whole of Sri Lanka or in any specified area;

” cultivated land ” includes land used for chena cultivation when a crop is growing on such land ;

“Director” means the person appointed to be or to act as the Director Wildlife Conservation, for the purposes of this Ordinance, and includes the Deputy Director, Wildlife Conservation, appointed for such purposes;

“district director” means a district director. Wildlife Conservation, appointed for the purposes of this Ordinance;

“Intermediate Zone” means an Intermediate Zone declared under section2(l);

“gun” has the same meaning as in the Firearms Ordinance;

“honorary district director” means an honorary district director. Wildlife Conservation, appointed for the purposes of this Ordinance;

“Jungle Corridor” means a Jungle Corridor for elephants constituted by Order under section 2(1);

“local authority” includes any Municipality, Urban Council, Town Council, or Village Council and includes the inhabitants* of a village area constituted under the Village Councils Ordinance;

“National Park ” constituted 2(1); means a National Park by Order under section ” National Reserve ” means a National Reserve constituted by Order under section 2(1);

” Nature Reserve” means a Nature Reserve constituted by Order under section 2(1);

” offence ” means an offence under this Ordinance or under any regulation ;

” open season ” means that portion of the year that is not included in the close season;

” police officer ” includes any grama seva niladhari appointed by a Government Agent to perform police duties;

” prescribed” means prescribed by this Ordinance or by regulation ;

” regulation ” means a regulation made by the Minister under this Ordinance ;

“Sanctuary” means a Sanctuary constituted by Order under section 2(2);

” Sri Lanka” includes the territorial waters of Sri Lanka ;

” State land ” means all land to which the State is lawfully entitled together with all rights, interests and privileges attached or appertaining thereto;

” Strict Natural Reserve ” means a Strict Natural Reserve constituted by Order under section 2(1);

” territorial waters ” means the part of the sea within a distance of three nautical miles from any point of the coast of Sri Lanka measured from the low-water mark of ordinary springtides.

(2) Any reference in this Ordinance or in any regulation or in any other written law to a Schedule of this Ordinance shall be deemed to be a reference to the Schedule for the lime being in force.