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Short title.
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1. This Act may be cited as the Fauna and Flora Protection (Amendment) Act, No. 49 of 1993.
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Replacement of the long title of Chapter 469.
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2. The long title to the Fauna and Flora Protection Ordinance (hereinafter referred to as the ” principal” enactment”) is hereby repealed and the following long title substituted therefor:
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AN ORDINANCE TO PROVIDE FOR THE PROTECTION, CONSERVATION AND PRESERVATION OF THE FAUNA AND FLORA OF SRI LANKA; FOR THE PREVENTION OF THE COMMERCIAL EXPLOITATION OF SUCH FAUNA AND FLORA ; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO. “.
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Amendment of section 2 of the principal enactment.
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3. Section 2 of the principal enactment is hereby amended as follows :
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(1) in subsection (1) of that section, by the omission of paragraph (e) thereof, and the substitution therefor, of the following paragraphs:-
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(f) a Marine Reserve ; or
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(2) by the repeal of paragraph (a) of subsection (4) thereof, and the substitution therefor of the following paragraph :-
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“(a) the limits of any Strict Natural Reserve, National Park, Nature reserve, Jungle Corridor Refuge, Marine Reserve or Buffer Zone, shall be altered of varied;”;
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(3) in the marginal note to that section, by the substitution for the words ” Intermediate Zones, and Sanctuaries”, of the words ” Refuges, Marine Reserves, Buffer Zones and Sanctuaries.”.
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Insertion of new section 2A in the principal enactment.
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4. The following new section is hereby inserted immediately after section 2 of the principal enactment and shall have effect as section 2A of that enactment:
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” Control and management of facilities within National Reserves.
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2A. The Director shall administer, control and manage the facilities or services which are to be provided within any National Reserve.”.
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Amendment of section 3 of the principal enactment.
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5. Section 3 of the principal enactment is hereby amended as follows:
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(1) in subsection (1) of that section by the repeal of paragraphs (a) and (c) thereof and the substitution therefor, of the following paragraphs:
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” (a) no person shall be entitled to enter any Strict Natural Reserve or Nature Reserve, or in any way to disturb the fauna and flora therein;
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(c) no animal shall be hunted, killed or taken, and no plant shall be damaged, collected or destroyed in a Strict Natural Reserve destroyed, in a Strict Natural Reserve,
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(2) by the repeal of subsection (2) of that section;
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(3) in subsection (3) of that section, by the substitution, for all the words from ” Nature Reserve or Jungle Corridor” to the end of that subsection, of the words ” Nature Reserve, 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 Nature Reserve or Sanctuary. ” ; and
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(4) in the marginal note to that section, by the substitution for the words ” Intermediate Zones, and Sanctuaries”, of the words ” Refuges, Marine Reserves, Buffer Zones and Sanctuaries.”.
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Insertion of new section 3A in the principal enactment.
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6. The following new section is hereby inserted immediately after section 3, and shall have effect as section 3A of the principal enactment:-
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“Ban on tourist hotels &c, within one mile of National Reserve.
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3A. No person shall, within one mile of the boundary at a National Reserve, construct a tourist hotel or provide any services or facilities similar to the services or facilities provided by a tourist hotel. “.
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Replacement of section 5A of the principal enactment.
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7. Section 5A of the principal enactment is hereby repealed and the following section substituted therefor:-
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Restriction of entry into Nature Reserves.
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5A.
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(1) No person shall enter or remain within any Nature Reserve except under the authority and in accordance with the condition of a permit issued by the prescribed officer on payment of the prescribed fee.
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(2) If no fee is prescribed for the issue of a permit under subsection (1),such permit shall be issued free of charge.”.
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Amendment of section 6 of the principal enactment
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8. Section 6 of the principal enactment is hereby amended as follows:-
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(1) in subsection (1) of that section-
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(i) by the substitution for the words “Nature Reserve or Jungle Corridor, Refuge, Marine Reserve or Buffer Zone”;
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(ii) by the repeal of paragraph (g) thereof and the substitution therefor, of the following paragraph:-
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“(g) possess or use any trap or any explosive or gun or other weapon or poisonous substance capable of being used for the purpose of injuring or destroying any animal or plant ; or ” ;
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(iii) by the substitution for the words “constructed by him.” in paragraph (j) of that subsection, of the words ” constructed by him ; and
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(iv) by the insertion, immediately after paragraph (j) of that subsection, of the following paragraph:-
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” (k) construct or manage any tourist hotel or provide any services or facilities similar to the services or facilities provided by a tourist hotel.”.
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(2) in subsection (2) of that section, by the substitution for the words “Nature Reserve or Jungle Corridor,”, of the words ” Nature Reserve, Jungle Corridor, Refuge, Marine Reserve or Buffer Zone, ” ;
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(3) by the insertion immediately after subsection (3) of that section, of the following subsection:-
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“(4) Any person who acts in contravention of the provisions of this section shall be guilty of an offence and shall on conviction be liable to imprisonment of either description for a term not less than one year and not exceeding five years. ” ; and
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(4) in the marginal note to that section, by the substitution for the words “Nature Reserves and Jungle Corridors- “, of the words ” Nature Reserves, Jungle Corridors, Refuges, Marine Reserves and Buffer Zones.”.
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Amendment of section 7 of the principal enactment
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9. Section 7 of the principal enactment is hereby amended as follows:-
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(1) in subsection (1) of that section-
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(1) by the omission of paragraph (a) thereof ; and
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(ii) in paragraph (b) thereof, by the substitution for the words ” in any Intermediate Zone or Sanctuary “, of the words ” in any Sanctuary ” ; and
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(iii) in paragraph (c) thereof, by the substitution for the words ” in any Intermediate Zone or on any Crown land “, of the words ” on any State land “;
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(2) by the repeal of subsection (2) of that section ; and
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(3) in the marginal note to that section, by the substitution for the words ” Intermediate Zones and Sanctuaries”, of the word ” Sanctuaries”.
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Replacement of section 8 of the principal enactment.
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10. Section 8 of the principal enactment is hereby repealed and the following section substituted therefor:-
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” Acts prohibited in vicinity of National Reserve.
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8. No person shall from any road or land outside a Strict Natural Reserve, National Park, Nature Reserve, Jungle Corridor, Refuge, Marine Reserve or Buffer Zone, hunt, shoot, kill or take any wild animal in such Strict Natural Reserve, National Park, Nature Reserve, Jungle Corridor, Refuge, Marine Reserve or Buffer Zone.”.
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Insertion of new section 8A in the principal enactment.
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11. The following new section is hereby inserted immediately after section 8 of the principal enactment and shall have effect as section 8A of that enactment:-
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” Nature trails.
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8A.
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(1) The Director may provide roads and tracks within a National Reserve to be nature trails for the use of any person who desires to travel on foot to study or observe the fauna and flora therein:
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Provided that the State shall not be liable for any injury or damage sustained or incurred by any person using such trail.
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(2) No person shall use any such nature trail unless he has obtained a permit issued by the Director upon the payment of the prescribed fee.
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(3) Regulations may be made specifying the manner in which any person may use such nature trail.”.
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12. Section 9 of the principal enactment is hereby amended as follows:-
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(1) by the omission of paragraph (a) thereof ; and
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(2) in paragraph (d), thereof, by the substitution for the words ” to any Intermediate Zone or Sanctuary”, of the words ” to any Sanctuary”.
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Insertion of new section 9A in the principal enactment.
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13. The following new section is inserted immediately after section 9 of the principal enactment, and shall have effect as section 9A of that enactment:-
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“Restriction on development activity within one mile of National Reserves.
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9A.
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(1) No person or organisation, whether private or State shall within a distance of one mile of the boundary of any National Reserve declared by Order made under section 2, carry out any development activity of any description whatsoever, without obtaining the prior written approval of the Director.”.
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(2) Every application for approval, under subsection (1) to commence a development activity shall be accompanied by an Initial Environmental Examination or Environmental Impact Assessment, as the case may be, in terms of the National Environmental Act, No. 47 of 1980, relating to such development activity. The Director shall have regard to such environmental impact assessment in deciding whether or not to grant approval for the commencement of the development activity to which that assessment relates.”.
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Amendment of section 10 of the principal enactment.
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14. Section 10 of the principal enactment is hereby amended as follows:-
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(1) by the substitution for paragraph (a) thereof, of the following new paragraph:-
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“(a) any provision of this Part of this Ordinance other than the provisions of section 6 ;or ” ;
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(2) in paragraph (c), thereof by the substitution for the words ” to any Intermediate Zone or Sanctuary ; “, of the words ” to any Sanctuary ;” ; and
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(3) by the substitution, for all the words from “shall be guilty” to the end of that section, of the words “shall be guilty of an offence and shall on conviction be liable to a fine not less than ten thousand rupees and not more than twenty thousand rupees or to imprisonment of either description for a term not less than two years and not more than five years or to both such fine and imprisonment”.
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Replacement of section 11 of the principal enactment.
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15. Section 11 of the principal enactment is hereby repealed and the following section substituted therefor:
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Interpretation of Part I.
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11. In this Part of this Ordinance , unless the context otherwise requires-
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“animal means any vertebrate or invertebrate ;
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“domestic animal” means-
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(a) any head of cattle, or any sheep, goat, horse, ass, mule, dog, or cat ;
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(b) any domestic fowl reared by man as poultry; and
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(c) when domesticated by man, any pig;
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“plant” means a member of the plant kingdom ;
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“wild animal” means any animal which is not a domestic animal.’.
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Replacement of heading of Part II of the principal enactment.
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16. The following heading is substituted for the heading ” ELEPHANTS, BUFFALOES, DEER, and FOWL :’ occurring in Part II of the principal enactment:-
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” ELEPHANTS and BUFFALOES. “.
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Replacement of section 12 of the principal enactment.
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17. Section 12 of the principal enactment is hereby repealed and the following section substituted therefor:
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” Protection of elephants and buffaloes in areas outside National Reserves and Sanctuaries.
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12.
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(1) Save as is hereinafter provided, no person shall in any area outside a National Reserve or Sanctuary-
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(a) hunt, shoot, kill, injure or take any elephant; or
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(b) without a licence, in that behalf from the Director, capture any buffalo.
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(2) 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 may be subject to such conditions as the Director may consider necessary or expedient to insert therein for the protection and preservation of buffaloes.
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(3) The holder of a licence under subsection (1) (b), 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 capture by him.”.
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Amendment of section 13 of the principal enactment.
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18. Section 13 of the principal enactment is hereby amended in paragraph (a) of subsection (1) of that section by the substitution, for the words ” either free or on payment of”, of the words “on payment of”.
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Repeal of section 15 of the principal enactment.
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19. Section 15 of the principal enactment is hereby repealed.
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Repeal of section 16 of the principal enactment.
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20. Section 16 of the principal enactment is hereby repealed and the following section substituted therefor: –
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“Killing or taking of elephants and buffaloes to be reported forthwith.
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16. Any person who in the exercise of any right conferred by or under section 13 or section 14, kills or takes any elephant or buffaloed, shall forthwith report such killing or taking to any police officer entitled to officiate in the area within which such killing or capture took place or to any prescribed officer and to the Director.”.
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Amendment of section 17 of the principal enactment.
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21. Section 17 of the principal enactment is hereby amended as follows:-
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(1) in subsection (3) of that section by the omission of the words “deer or fowl” wherever it occurs in that subsection; and
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(2) by the substitution for the marginal note to the section of the following marginal note:
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“Property in elephants and buffaloes killed or taken under Part II.”.
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Insertion of new section 19A in the principal enactment.
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22. The following new section is hereby inserted immediately after section 19 of the principal enactment and shall have effect as section 19A of that enactment:
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Prohibition of export of any part of an elephants.
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19A.
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(1) Notwithstanding the provisions of section 40, no person shall export from Sri Lanka-
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(a) any tusk or tush, or any part of a tusk or tush, or any article made out of a tusk or tush or part of a tusk or tush or any article containing ivory from a tusk or tush ; or
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(b) any other part of an elephant, or any article made our of or containing any part of an elephant.
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(2) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine not less than thirty thousand rupees and not more than fifty thousand rupees or to imprisonment of either description for a term not less than two years and not exceeding five years or to both such fine and imprisonment.
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(3) This section shall have effect as if it formed part of the Customs Ordinance and the provisions of that Ordinance shall apply accordingly.”.
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Amendment of section 20 of the principal enactment.
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23. Section 20 of the principal enactment is hereby amended by the substitution, for all the words from “shall be guilty” to the end of that section, of the following words:
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“shall be guilty of an offence and shall on conviction be liable to a fine not less than one hundred thousand rupees and not more than two hundred and fifty thousand rupees or to imprisonment of either description for a term not less than two years and not exceeding five 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 carcase or tusks or tushes, the court may make order directing such elephant, carcase, tusks, or tushes 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.”.
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Amendment of section 21 of the principal enactment.
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24. Section 21 of the principal enactment is hereby amended in subsection (1) of that section, by the substitution for all the words from “the Crown” to the end of that subsection, of the words “the State shall be guilty of an offence and shall on conviction be liable to a fine not less than one hundred thousand rupees and not more than two hundred thousand rupees or to imprisonment of either description for a term not less than two years and not exceeding five years or to both such fine and imprisonment.”.
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Replacement of section 22 of the principal enactment.
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25. Section 22 of the principal enactment is hereby repealed and the following section substituted therefor;
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” Offences relating to buffaloes.
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22. Any person who in contravention of this Part of this Ordinance or contrary to the terms of any licence issued to him thereunder, hunts, shoots, kills or takes any buffalo, shall be guilty of an offence and shall on conviction be liable to a fine not less than five thousand rupees and not more than ten thousand rupees or to imprisonment of either description for a term not less than one year and not exceeding two years or to both such fine and imprisonment.”.
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Amendment of section 22A of the principal enactment.
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26. Section 22A of the principal enactment is hereby amended as follows:
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(1) by the repeal of subsection (7) of that section, and the substitution therefor, of the following new subsection:
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” (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 been 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 less than one hundred thousand rupees and not more than two hundred thousand rupees or to imprisonment of either description for a term not less than two years and not exceeding five years or to both such fine and imprisonment.”;
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(2) by the renumbering of subsection (8) of that section as subsection (9) ; and
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(3) by the insertion immediately after subsection (7) of that section, of the following new subsection:-
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“(8) The Director or any officer authorised by him may at any time enter any premises where he has reason to believe that an elephant is being kept and to make such inquiries and investigations thereon as may be necessary to ascertain whether the provisions of this section are being complied with.”.
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Amendment of section 23 of the principal enactment.
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27. Section 23 of the principal enactment is hereby amended in subsection (1) of that section, by the substitution for all the words from ” Any person who ” to the words “fine and imprisonment; “. of the words ” Any person who is in unlawful possession of any elephant shall be guilty of an offence and shall on conviction be liable to a fine not less than one hundred thousand rupees and not more than two hundred thousand rupees or to imprisonment of either description for a term not less than ten years and not exceeding twenty years or to both such fine and imprisonment;”.
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Amendment of section 24 of the principal enactment.
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28. Section 24 of the principal enactment is hereby amended by the repeal of subsection (3) of that section, and the substitution therefor, of the following subsection:
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” (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 less than thirty thousand rupees and net exceeding one hundred thousand rupees or to imprisonment of either description for a term not less than two years and not exceeding five years or to both such fine and imprisonment. “.
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Insertion of new sections 24A and 24B in the principal enactment.
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29. The following new sections are hereby inserted immediately after section 24 of the principal enactment, and shall have effect as sections 24A and 24B of that enactment:
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“Tusks and tushes to be licensed.
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24A.
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(1) Upon registration of a tusk or tush in accordance with section 24, every person who has in his possession a tusk or tush shall obtain a licence in respect of such tusk or tush.
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(2) The licence stall be obtained on application made to the prescribed officer, in the prescribed form, on payment of the prescribed fee.
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(3) Every prescribed officer shall maintain a register in respect of the licensing of tusks and tushes.
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(4) Any person who has in his Possession a tusk or tush without obtaining a licence in respect of the same, shall be guilty of an offence and shall on conviction be liable to a fine of not less than thirty thousand rupees and not exceeding one hundred thousand rupees or to imprisonment of either description for a term not less than two years and not exceeding five years, or to both such fine and imprisonment.
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“Inspection of places where tusks and tushes and kept.
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24B. The Director or any officer authorised by him may at any time enter any premises where he has reason to believe that tusks or tushes are being kept, and to make such inquiries and investigation thereon as may be necessary to ascertain whether the provisions of this section are being complied with.”.
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Repeal of section 26 of the principal enactment.
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30. Section 26 of the principal enactment is hereby repealed.
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Amendment of section 28 of the principal enactment.
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31. Section 28 of the principal enactment is hereby amended, by the omission therefrom of the definitions respectively of the expressions ” deer ” and ” fowl “.
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Replacement of section 29 of the principal enactment.
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32. Section 29 of the principal enactment is hereby repealed and the following section substituted therefor:
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” Elephant orphanages.
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29. There shall be established and maintained, within or outside any National Reserve or Sanctuary such number of elephant orphanages or similar establishments providing for the care and attention of orphaned elephants as the Director may deem necessary, for the protection and preservation of elephants.”.
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Replacement of the heading of Part III in of the principal enactment.
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33. The following new heading is substituted for the heading ” Birds, Beasts and Reptiles ” occurring in Part III of the principal enactment:
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“VERTEBRATES AND INVERTEBRATES “.
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Replacement of sections 30 and 31 of the principal enactment.
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34. Sections 30 and 31 of the principal enactment are hereby repealed and the following sections substituted therefor :
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“Offences relating to mammals and reptiles not included in Schedule I.
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30. Any person who in any area outside a National Reserve or a Sanctuary-
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(a) kills, wounds, injures or take any mammal or reptile not included in Schedule I ;or
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(b) takes or destroys the eggs or nest of any such reptile; or
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(c) uses any boat or any lime, snare, net, spear, trap, gun, rod, line or hook with any accessory or bait, or explosives of any description or other instrument for the purpose of killing, wounding, injuring or taking any such mammal or reptile; or
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(d) has in his possession or under his control, any such mammal or reptile killed or taken or any part of such mammal or reptile killed or taken, or the meat or flesh of any such mammal or reptile killed or taken or the eggs of any such reptile ; or
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(e) has in his possession or under his control, the hide or skin of any such mammal or reptile killed or taken, or the horns or antlers of such mammal ; or
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(f) exposes for sale, any such mammal or reptile or any part of such mammal or reptile; or
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(g) purchases the hide or skin of any such mammal or reptile for the purpose of tanning or preparing such hide or skin for use,
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shall be guilty of an offence and shall on conviction be liable to a fine not less than ten thousand rupees and not exceeding thirty thousand rupees or to imprisonment of either description for a term not less than two years and not exceeding five years, or to both such fine and imprisonment.
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The provisions of this section shall not apply to any domestic animal as defined in section 11.
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“Offence relating to birds.
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31. Any person who in any area outside a National Reserve or a Sanctuary-
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(a) kills, wounds, injures or take any bird ; or
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(b) takes or destroys the eggs or nest of any bird; or
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(c) uses any boat, or any lime, snare, net, spear, trap, gun, rod, line, or book with any accessory or bait or explosive of any description or other instrument for the purpose of killing, wounding, injuring or taking any bird; or
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(d) has in his possession or under his control , any bird killed or taken skin of any bird killed or taken, or the feather or any other par of any bird killed or taken, or the eggs of any bird ; or
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(e) exposes or offers for sale, any bird or any part of any bird,
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shall be guilty of an offence and shall on conviction be liable to a fine not less than five thousand rupees and not exceeding ten thousand rupees, or to imprisonment of either description for a term not less than two years and not exceeding five years or to both fine and imprisonment:
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Provided that a person shall be deemed not to have committed an offence under this section in relation to any bird specified in Schedule II.
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The provisions of this section shell not apply to any domestic animal as defined in section 11.”.
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Insertion of new sections 31A and 31B in the principal enactment.
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35. The following new sections are hereby inserted immediately after section 31, of the principal enactment and shall have effect as sections 31A and 31B of that enactment:-
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“Offences relating to amphibians and fishes included in Schedules III and IV.
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31A. Any person who in any area outside a National Reserve or a Sanctuary-
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(a) knowingly kills, wounds, injures, takes or collects any amphibian or fish included in Schedules III and IV respectively ; or
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(b) takes or destroys the eggs, spawn, or nest of any such amphibian or fish; or
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(c) uses any boat, lime, snare, net, spear, trap, gun, rod, line or hook with any accessories or bait or explosives of any description or any other instrument for the purpose of killing, wounding, injuring or taking any such amphibian or fish ; or
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(d) has in his possession, under his control, any such amphibian or fish killed or taken or any part of any such amphibian or fish; or
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(e) exposes of offers for sale or transports, any such amphibian or fish or part of any such amphibian or fish ; or
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(f) purchases such amphibian or fish for the purposes of drying, curing or any other purpose,
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shall be guilty of an offence and shall on conviction be liable to a fine not less than ten thousand rupees and not more than twenty thousand rupees or to imprisonment of either description for a term not less than two years and not exceeding five years or to both such fine and imprisonment.
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“Offences relating to invertebrates included in Schedule IV A.
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31B. Any person who in any area outside a National Reserve or Sanctuary-
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(a) knowingly kills, wounds, injures, takes or collects any invertebrate included for the time being in Schedule IVA ; or
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(b) takes or destroys the eggs, spawn, larva or nest of such invertebrate ; or
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(c) uses any boat, lime, snare, net, spear, trap, gun, rod, line or hook with any accessories or bait or explosives of any description or any other instrument used for the purpose of killing, wounding, injuring, taking or collecting any such invertebrate : or
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(d)has in his possession, or under his control, and such or fish invertebrate killed or taken or any part of such invertebrate egg, spawn or larva; or
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(e) exposes or offers for sale, or transports any such invertebrate or part of suck invertebrate; or
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(f) purchases such invertebrate for the purpose of drying, curing or for any other purpose,
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shall be guilty of an offence and shall on conviction be liable to a fine not less than ten thousand rupees and not more than twenty thousand rupees or to imprisonment of either description for a term not less than two years and not exceeding five years or to both such fine and imprisonment.”.
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Repeal of section 32 of the principal enactment.
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36. Section 32 of the principal enactment is hereby repealed.
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Replacement of section 35 of the principal enactment.
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37. Section 35 of the principal enactment is hereby repealed and the following section substituted therefor:-
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“Proof of species of mammals, birds, reptiles, amphibians, fishes or invertebrates.
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35.
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(1) A certificate purporting to be signed by any competent authority to the effect that any mammal, bird, reptile, amphibian, fish or invertebrate or a part of any mammal, bird, reptile, amphibian, fish or invertebrate forwarded to such authority for examination and report is a mammal, bird, reptile, amphibian, fish or invertebrate, or a fish or invertebrate of a species included in Schedule I, Schedule II, Schedule III, Schedule IV or Schedule IVA, as the case may be, shall, on production in any court of law, be sufficient evidence of the facts stated in such certificate until the contrary is proved.
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(2) For the purpose of subsection (1), the expression, “competent authority” means-
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(a) the Director of National Museums;
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(b) the Director of National Zoological Gardens.’.
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Amendment of section 36 of the principal enactment.
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38. Section 36 of the principal enactment is hereby amended by the substitution for all the words from ” in any area ” to the end of that section, of the following words:-
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“or take the eggs or nest or any such birds in any area outside a National Reserve or a Sanctuary mentioned in the notification, and any person who in any such area and during such specified period shoots, kills or takes any bird or the eggs or nest of any such bird, shall be guilty of an offence and shall on conviction be liable to a fine not less than five thousand rupees and not more than ten thousand rupees or to imprisonment of either description for a term not less than one year and not exceeding two years or to both such fine and imprisonment. “.
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Replacement of sections 37,38,39,40,41 and 42 of the principal enactment.
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39. Sections 37, 38, 39, 40, 41 and 42 of the principal enactment are hereby repealed and the following sections substituted therefor:
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“Prohibition of import of mammals birds, reptiles, fishes and invertebrate’s without permits.
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37.
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(1) No person shall import into Sri Lanka any mammal, bird, reptile, amphibian, fish, or invertebrate whether dead or alive, or any part of any such mammal, bird, reptile, amphibian, fish or invertebrate or the eggs, spawn or larva of any such mammal, bird, reptile, amphibian, fish or invertebrate except under the authority of a permit issued in the prescribed form obtained from the prescribed officer on payment of the prescribed fee.
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(2) This section shall have effect as if it formed part of the Customs Ordinance and the provisions of that Ordinance shall apply accordingly.
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(3) The provisions of this section shall not apply to any domestic animal as defined in section 11, or to any tropical aquarium fishes.
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|
“Tropical aquarium fish” means any species of fresh water fish specified in Schedule IV.
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(4) In case of doubt or dispute, a certificate purporting to be signed by the Director to the effect that any fish belongs to a species of tropical aquarium fish or that any species of fish is a species of tropical aquarium fish shall be admissible in evidence and shall be prima facie proof of the facts stated therein.
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|
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“Regulation relating to mammals, birds, reptiles, amphibians, fishes and invertebrates.
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38. Regulations may be made-
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(a) requiring may person who imports any mammal, bird, reptile, amphibian, fish or invertebrate on a permit issued under section 37, to provide a certificate from an approved authority that such mammal, bird, bird, reptile, amphibian, fish or invertebrate is free from disease or infection ;
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(b) prohibiting any mammal, bird, reptile, amphibian, fish or invertebrate imported under the authority of a permit issued under section 37, from being liberated or released in any part of Sri Lanka or prescribing any area or areas within which any such mammal, bird, reptile, amphibian, fish, or invertebrate may be liberated or released.
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“Penalties for unlawful import or release of mammals, birds, reptiles, amphibians, fishes and invertebrates.
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39.
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(1) Any person who-
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(a) imports into Sri Lanka any mammal, bird, reptile, amphibian, fish or invertebrate in contravention of the provisions of section 37, or any regulation made under section 38; or
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(b) contravenes any regulation made under section 38,
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shall be guilty of an offence and shall on conviction be liable to be fine not less than five thousand rupees and not more than ten thousand rupees or to imprisonment of either description for a term not less than two years and not exceeding five years or to both such fine and imprisonment.
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(2) Any person who liberates or releases any mammal, bird, reptile, amphibian, fish or invertebrate 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 two thousand rupees in respect of each mammal, bird, reptile, amphibian, fish or invertebrate so liberated or released.
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“Prohibition of export of mammals, birds, reptiles, amphibians, fishes, corals and invertebrates without a permit.
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40.
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(1) No person shall export from Sri Lanka-
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(a) any mammal, bird, reptile, amphibian, fish, coral or invertebrate whether dead or alive ; or
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(b) the eggs, feathers, or plumage of any bird, the horns, antlers, skin or hide of any mammal or reptile, or any part of any mammal, bird, reptile, amphibian, fish, coral or invertebrate,
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except under the authority of a permit issued in the prescribed form obtained from the prescribed officer on payment of the prescribed fee.
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(2) Such permit shall not be issued except for the promotion of scientific knowledge including supplies to foreign museums, foreign zoological gardens in exchange for supplies to local museums or local zoological gardens.
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(3) This section shall have effect as if it formed part of the Customs Ordinance, and the provisions of that Ordinance shall apply accordingly.
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(4) The preceding provisions of this section shall not apply to-
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(a) any domestic animal as defined in section 11 ; or
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(b) any mammal, bird, reptile, amphibian, fish, coral or invertebrate of a species which is not indigenous to Sri Lanka.
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(5) In case of doubt or dispute a certificate- purporting to be signed by the Director of Museums, Director of the National Zoological Gardens or Director of the National Aquatic Resources Authority to the effect that any mammal, bird, reptile, fish, amphibian, coral or invertebrate belongs to a species which is not indigenous to Sri Lanka, or that any species of any mammal, bird, reptile, fish, amphibian, coral or invertebrate is a species not indigenous to Sri Lanka, or that any part of any mammal, bird, reptile, fish, amphibian, coral or invertebrate- is a part of a mammal, bird, reptile-, fish, amphibian, coral, or invertebrate of a species which is not indigenous to Sri Lanka, or that any part of any reptile, or bird, is the egg of a reptile or bird of a species which is not indigenous to Sri Lanka be admissible in evidence and shall be prima fade proof of the facts stated therein.
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(6) Regulations may be made-
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(a) prescribing the officer who shall have power to inspect prior to its export any item referred to in this section ;
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(b) prescribing the officer who shall have power to seal any such item after such inspection;- ;
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(c) prescribing the documents to be furnished by the exporter of any such item, in proof of the circumstances under which such exporter obtained possession of such item.
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“Penalty for unlawful export of mammals, birds, reptiles, amphibians, fishes, and invertebrates.
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41. Any person who exports from Sri Lanka any mammal, bird, reptile, amphibian, fish or invertebrate whether dead or alive or any part of any mammal, bird, reptile, amphibian, fish or invertebrate, or any eggs, feathers, plumage, horns, antlers, skins or hide of any such mammal, bird, reptile, amphibian, fish or invertebrate in contravention of the provisions of section 40, shall be guilty of an offence and shall on conviction be liable to a fine not less than twenty thousand rupees and not more than fifty thousand rupees or to imprisonment of either description for a term not less than five years and not exceeding ten years or to both such fine and imprisonment,
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“Protection of plants included in Schedule V.
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42. No person shall in any area-
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(a) remove, uproot or destroy or cause any damage or injury. to, any plant which is for the time being included in Schedule V and-
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(i) is growing on the property of any other person : or
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(ii) is growing in any public place ; or
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(b)destroy any plant which is for the time being included in Schedule V, and growing on his own property ; or
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(c) sell or expose for sale any plant for the time being included in Schedule V ; or
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(d) remove ,uproot or destroy, or cause any damage or injury to any tree upon which any orchid or any other epiphytic plant is growing. ‘.
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Amendment of section 45 of the principal enactment.
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40. Section 45 of the principal enactment is hereby amended, by the repeal of paragraph (c) of that section.
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Replacement of section 46 of the principal enactment.
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41. Section 46 of the principal enactment is hereby repealed and the following section substituted therefor:
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” Offences under Part IV.
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46. Any person who acts in contravention-
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(a) or the previsions of section 42 ; or
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(b) of the provisions of section 43 ; or
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|
(c) of any regulation made under section 45,
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shall be guilty of an offence and shall on conviction be liable to a fine not less than three thousand rupees and not more than ten thousand rupees or to imprisonment of either description for a term not less than two years and not exceeding five years or to both such fine and imprisonment.”.
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Replacement of section 48 of the principal enactment.
|
42. Section 48 of the principal enactment is hereby repealed and the following section substituted therefor:
|
“interpret on of Part IV.
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48. In this Part IV of this Ordinance unless the context otherwise requires-
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” plant ” means a member of the plant kingdom;
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” public place” means any State land or land at the disposal of the State or land belonging to, or vested in, a local authority or public corporation and includes any land which is not private property.’.
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Amendment of section 49 of the principal enactment.
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43. Section 49 of the principal enactment is hereby amended by the repeal of subsection (1) of that section and the substitution therefor of the following subsection :
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” (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, sale or exposure for sale or transport 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, issued in the prescribed form obtained from the prescribed officer on payment of the prescribed fee.”.
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Insertion of new section 49A in the principal enactment.
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44. The following section is hereby inserted immediately after section 49 and shall have effect as section 49A of the principal enactment:- ”
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Registration of animals in the possession of individuals.
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49A.
|
(1) No person shall after the date of the coming into force of this section, have in his possession or custody or under his control, any animal in excess of the prescribed number, except under the authority and in accordance with the conditions of a permit issued in the prescribed form, by the Director on payment of the prescribed fee :
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Provided that where any person has in his possession, or custody or under his control any animal, in excess of the prescribed number, prior to the date of the coming into force of this section, such person shall within a period of three months from the date of the coming into force of this section obtain a permit under subsection (1).
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(2) The Director or any prescribed officer shall have the power to-
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(a) enter, inspect and search any premises on which any animal is being kept under the authority of a permit issued under subsection(1) and satisfy himself that the conditions of the permit are being complied with ;
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(b)seize any animal found in such premises, in contravention of the provisions of the ‘ ‘permit issued under subsection (1).
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(3) The Director may order the confiscation of any animal seized under subsection (2) after such inquiry as he may deem necessary Any person aggrieved by the order of the Director may within fourteen days of the confiscation, give notice in writing to the Director that he intends to institute action in the appropriate court against such confiscation.
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(4) No order of confiscation made under subsection (3) shall take effect until the expiry of a period of fourteen days from the date of such order, or where an action has been instituted in respect of such order, until the final determination of such action by court.”.
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Amendment of section 50 of the principal enactment.
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45. Section 50 of the principal enactment is hereby amended in subsection (2) of that section, by the substitution for all the words from ” shall be guilty ” to the end of that subsection, of the words ” shall be guilty of an offence and shall on conviction be liable to a fine not less than five thousand rupees and not more than ten thousand rupees or to imprisonment of either description for a term not less than two years and not exceeding five years or to both such fine and imprisonment.
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Amendment of section 51 of the principal enactment.
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46. Section 51 of the principal enactment is hereby amended by the substitution for the words ” “bird or animal”, of the word ” animal “.
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Replacement of sections 52, 52A,53, 53A and 53B of the principal enactment.
|
47. Sections 52, 52A, 53, 53A and 53B of the principal enactment are hereby repealed and the following sections substituted therefor:
|
“Prohibition of use of artificial light.
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52. No person shall use any artificial light, for the purpose of enabling or facilitating the destruction or the capture of any animal whether by dazzling the vision of any such animal, or by attracting any such animal to such artificial light or otherwise.
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“Prohibition of shooting, &c. in vicinity of water holes.
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52A. No person shall shoot at, injure or kill any animal within a distance of one hundred yards from a water-hole or place where such animal usually goes to drink water.
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“Regulation of hunting, shooting &c. on State land or public thoroughfare outside National Reserves.
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53. Except in accordance with regulations, no person shall, on any State land or any public thoroughfare outside a National Reserve,-
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(a) hunt, shoot, kill or take any animal between sunset and sunrise :
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(b) set, lay or spread any net, pitfall, trap, snare or other instrument for the purposes of killing or taking any animal ; or
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|
(c) construct or use any ambush, or hide on the ground or on a tree for the purpose of shooting or injuring any animal.
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|
‘Prohibition of the poison &c. on animals.
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53A. No person shall use any poison, explosive or stupefying substance for the purpose of poisoning, killing or stupefying any animal.
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|
“Prohibition on the possession &c. of the flesh of any animal killed or taken by the use of poison, &c.
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53B. No person shall have in his possession, sell, expose for sale or transport the flesh of any animal which has been killed or taken by the use of any poison, explosive or stupefying substance :
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|
Provided that no person shall be convicted under this section if he proves that he did not know and had no reasonable cause to believe that the animal whose flesh he is charged with having in his possession selling, exposing for sale or transporting ,had been killed or taken by the use of any poison, explosive, or stupefying substance.”.
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|
|
Insertion of new section 53C in the principal enactment.
|
48. The following section is hereby inserted immediately section 53B of the principal enactment, and shall have effect as section 53C of that enactment.
|
“Proof in case of identification of flesh of animals.
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53C.
|
(1) In case of doubt or dispute, in a prosecution for an offence under section 53B, as to whether any flesh is the flesh of an animal taken or killed by the use of any poison, explosive or stupefying substance a certificate. purporting to the signed by a competent authority to the effect that the flesh in question is the flesh of an animal, which had been killed or taken by the use of any poison, explosive, or stupefying substance, shall on production in any court of law be sufficient evidence as to the facts stated in such certificate, until the contrary is proved.
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|
(2) In this section “competent authority ‘ means-
|
(a) a Government Medical Officer; or
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|
(b) a Government Veterinary Surgeon,
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|
|
|
|
Replacement of section 54 of the principal enactment.
|
49. Section 54 of the principal enactment is hereby repealed and the following section substituted therefor:-
|
Prohibition on serving as food the flesh of any animal, the killing of which is prohibited.
|
54.
|
(1) No person shall at any restaurant hotel, rest house or eating house, serve or authorize the serving of any food which constitutes or contains the flesh of animal, the billing of which is at that prohibited under this Ordinance.
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|
(2) Any person who contravenes the provisions of subsection (1) shall be guilty offence and shall on conviction be liable to a fine not less than ten thousand rupees and not more than twenty thousand rupees or to imprisonment of either description for a term not less than two years and not exceeding five years or both such fine and imprisonment.
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|
|
|
Amendment of section 55 of the principal enactment.
|
50. Section 55 of the principal enactment is hereby amended in subsection (1) of that section by the substitution for the words ” for a zoo, museum or similar institution of the fauna and flora of Ceylon. “, of the works a national zoo or national museum or for any university established or deemed to be established under the Universities Act, No. 18 of 1378, of the fauna and flora Sri Lanka. “.
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|
Insertion of new section 55A in the principal enactment.
|
51. The following section is hereby inserted immediately after section 55, and shall have effect as section 55A of that enactment:-
|
“Interpretation of Part V.
|
55A. in this Part of this Ordinance- “animal” means any mammal, bird, reptile, amphibian, fish, coral or invertebrate and does not include a domestic animal as defined in section 11, or any tropical aquarium fish as defined in section 37.”.
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|
|
Amendment of section 57 of the principal enactment.
|
52. Section 57 of the principal enactment is hereby amended by the repeal of subsection (2) of that section and the substitution therefor of the following subsection;-
|
” (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 less than one thousand rupees and not exceeding two thousand rupees or to imprisonment of either description for a term not less than one year and not exceeding two years or to both such fine and imprisonment. “.
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|
|
Replacement of sections 58 and 58A of the principal enactment.
|
53. Sections 58 and 58A of the principal enactment are hereby repealed and the following sections substituted therefor :
|
” General penalty.
|
58. Any person who does any act in contravention of any of the provisions of this Ordinance, or of any regulation, or of any condition inserted in any licence or permit issued under this Ordinance or any regulation, shall be guilty of an offence punishable, where no other penalty Is expressly provided by this Ordinance, with a fine not less than two thousand rupees and not more than five thousand rupees or with imprisonment of either description for a term not less than one year and not exceeding two years or to both such fine and imprisonment.
|
|
“Special penalty for offences against elephants.
|
58A. Notwithstanding anything in any other provisions of this Ordinance, where any person is convicted of the offence of killings hunting, shooting, injuring or taking, or having in his possession or under his control, any wild elephant within a Nature Reserve or Sanctuary, he shall be liable to be punished with a fine not less than one hundred thousand rupees and not more than two hundred thousand rupees or to imprisonment of either description for a term not less than five years and not exceeding ten years or to both such fine and imprisonment.”.
|
|
|
Amendment of section 60 of the principal enactment.
|
54. Section 60 of the principal enactment is hereby amended as follows:-
|
(1) by the repeal of subsections (1) and (2) thereof, and the substitution therefor of the following subsections:-
|
‘ (1) An act otherwise prohibited or penalised under this Ordinance or any regulation made thereunder, shall not be an offence, if it is done for the purpose of protecting any human being from any immediate danger or from injury by any wild animal.
|
|
(2) In this section “wild animal” means any wild animal as defined in section 11.’ ; and
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|
|
(2) by the repeal of subsection (4) thereof, and the substitution therefor of the following subsection :
|
” (4) Any person who fails to report the killing or taking of any wild animal to any police officer or Grama 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 less than one hundred thousand rupees and not more than two hundred thousand rupees or to imprisonment of either description for a term not less than, two years and not exceeding five years or to both, such fine and imprisonment.”.
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|
|
|
Repeal of section 62 of the principal enactment.
|
55. Section 62 of the principal enactment is hereby repealed.
|
|
Replacement of sections 63 and 64 of the principal enactment.
|
56. Sections 63 and 64 of the principal enactment are hereby repealed and the following new sections substituted therefor:
|
‘ Offences to be triable summarily by Magistrates’ Courts.
|
63. It shall be lawful for a Magistrate summarily to try any offence under this Ordinance or under any regulation made thereunder, notwithstanding that the punishment specified for such offence is in excess of the ordinary jurisdiction of such Magistrate.
|
|
‘ Power of Magistrates’ Court to make order of confiscation.
|
64.
|
(1) Except as hereinbefore expressly provided in regard to the disposal of any elephant or of the carcase of any elephant or the tusks or tushes of any elephant, 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, shall by reason of that conviction be forfeited to the State.
|
|
(2) Any property forfeited to the State under subsection (1) shall-
|
(a) if no appeal has been preferred to the Court of Appeal against the relevant conviction, vest in the State with effect from the date on which the period prescribed for preferring an appeal against such conviction expires;
|
|
(b) if an appeal has been preferred to the Court of Appeal against the relevant conviction, vest in the State with effect from the date on which such conviction is affirmed on appeal.
|
|
|
In this subsection, ” relevant conviction” means the conviction consequent to which any property is forfeited under subsection (1). The Director shall take possession, on behalf of the State, of any property vested in the State under this section.
|
|
(3) In this section “animal” means any mammal, bird, reptile, amphibian, fish or invertebrate but does not include a domestic animal as defined in section 11.’.
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|
|
Amendment of section 66 of the principal enactment.
|
57. Section 66 of the principal enactment is hereby amended as follows:
|
(1) in subsection (1) of that section-
|
(i) by the insertion immediately after paragraph (b), of the following paragraph:
|
“(bb) enter and search without warrant any hut, house, wadi or premises of any person, and question any person found in such hut, house, wadi or premises :”:
|
|
|
(ii) by the insertion, immediately after paragraph (c) thereof of the following paragraph:
|
” (cc) seize and take possession of any animal or the carcase or part of the carcase of any animal which may be produced in evidence of the offence ; ” ; and
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|
|
(iii) by the substitution for the words ” any animal or bird ” wherever they occur in that subsection of the words ” any animal ” ;
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|
|
(2) in subsection (3) of that section-
|
(i) by the substitution for the words ” of this Ordinance, ” in paragraph (c) thereof of the words ” of this Ordinance ; or ” ;
|
|
(ii) by the addition, immediately after paragraph (c) thereof of the following paragraph :
|
” (d) does not allow entry into, or the search of, any hut, house, wadi or premises by a police officer or prescribed officer in the exercise of the powers conferred on such police officer or prescribed officer by subsection (1) , ” ; and
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|
|
(iii) by the substitution for all the words from ” shall be guilty ” to the end of that subsection, of the following words:
|
|
” shall be guilty of an offence and shall on conviction be liable to a fine not less than five thousand rupees and not more than ten thousand rupees or to imprisonment of either description for a term not less than five years and not exceeding ten years or to both such fine and imprisonment.”; and
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|
|
(3) by the addition immediately after subsection (3) thereof, of the following new subsection:-
|
‘(4) In this section “animal” means any mammal, bird, reptile, amphibian, fish, or invertebrate but does not include any domestic animal as defined in section 11.’.
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|
|
|
Amendment of section 66A of the principal enactment.
|
58. Section 66A of the principal enactment is hereby amended by the substitution for all the words from ” shall be guilty ” to the end of that section, of the words ” shall be guilty of an offence and shall on conviction be liable to a fine not less than ten thousand rupees and not more than twenty thousand rupees or to imprisonment of either description for a term not less than one year and not exceeding two years or to both such fine and imprisonment.”.
|
|
Amendment of section 66B of the principal enactment.
|
59. Section 66B of the principal enactment is hereby amended by the substitution for the words ” not exceeding twenty rupees.”, of the words ” not less than five hundred rupees and not more than one thousand rupees. “.
|
|
Insertion of new section 66C and 66D in the principal enactment.
|
60. The following new sections are hereby inserted immediately after section 66B of the principal enactment and shall have effect as sections 66C and 66D of that enactment:
|
” Special powers in respect of unlicensed guns.
|
66C.
|
(1) It shall be lawful for an officer of the Department of Wild Life Conservation or police officer or prescribed officer-
|
(a) to require any person possessing, carrying or using a gun to produce the licence issued in respect of such gun under any written law;
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|
(b) to enter and search any premises in which he has reasonable grounds for believing, that any person is manufacturing, selling, repairing or has in his possession any unlicensed gun;
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|
(c) to stop and search any boat, vessel or conveyance in which he suspects that any unlicensed gun is being carried;
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|
(d) to take into custody any unlicensed gun and produce such gun at the nearest police station or divisional secretariat.
|
|
|
(2) Any person who-
|
(a) fails to produce a licence in respect of any gun in his possession; or
|
|
(b) refuses to allow the search of any premises ; or
|
|
(c) fails or refuses to stop any boat, vessel or conveyance when called upon to do so by an officer referred to in subsection (1), in contravention of the provisions of subsection (1),
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|
|
shall be guilty of an offence and shall on conviction be liable to a fine not less than five thousand rupees and not more than ten thousand rupees or to imprisonment of either description for a term not less than two years and not exceeding five years or to both such fine and imprisonment.
|
|
|
‘ Director to control roads within the boundaries of any National Reserve.
|
66D.
|
(1) Where any road is constructed within the boundaries of any National Reserve by any other agency, it shall be lawful for the Director or any officer of the Department of Wild Life Conservation to-
|
(a) erect barriers on any such road or any part of such road at any point within such National Reserve, in order to exercise control over access to the Reserve ;
|
|
(b) make such arrangements as may be necessary for the opening and closing of such barriers, to facilitate access to, and from, such Reserve ;
|
|
(c) stop and search, at such barriers, or on any read or part thereof any vehicle suspected to be connected with the commission of any offence under this Ordinance.
|
|
|
(2) No person shall, at any barrier erected under subsection (1) or on any road or part thereof within a National Reserve, fail to stop any vehicle when called upon to do so or fail to obey any direction lawfully given by the Director or other officer under subsection (1), and any person who fails to stop when so called upon or to obey any direction so given shall be guilty of an offence and shall on conviction be liable to a fine not less than five thousand rupees and not exceeding ten thousand rupees or to imprisonment of either description for a term not less than two years and not exceeding five years or to both such fine and imprisonment.”.
|
|
|
|
Amendment of section 67 of the principal enactment.
|
61. Section 67 of the principal enactment is hereby amended in subsection (1) of that section, by the substitution for the words ” Intermediate Zone, Nature Reserve, Jungle Corridor “, of the words ” Nature Reserve, Jungle Corridor, Refuge, Marine Reserve, Buffer Zone”.
|
|
Amendment of section 67A of the principal enactment.
|
62. Section 67A of the principal enactment is hereby amended by the substitution for the words “territorial Waters of Ceylon”, of the words “territorial sea”.
|
|
Amendment of section 67F of the principal enactment.
|
63. Section 67F of the principal enactment is hereby amended as follows :
|
(1) by the substitution for the words “the district director of the district or area “, wherever those words occur in that section, of the words “the district director of the district or area, or the officer of the Department of Wild Life Conservation in charge of the range “; and
|
|
(2) by the substitution for the word ” Crown ” wherever this word occurs in that section of the word ” State “.
|
|
|
Amendment of section 70 of the principal enactment.
|
64. Section 70 of the principal enactment is hereby amended as follows :-
|
(1) by the repeal of subsection (1) of that section and the substitution therefor of the following subsection :
|
” (1) The Minister may appoint an Advisory Committee which shall consist of the Secretary to the Ministry in charge of the subject of Wild Life Conservation as Chair-ten 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.”; and
|
|
|
(2) in subsection (2) of that section, by the substitution for the word ” twice ” of the words ” four times “.
|
|
|
Amendment of section 71 of the principal enactment.
|
65. Section 71 of the principal enactment is hereby amended as follows:-
|
(1) in subsection (2) of that section-
|
(i) by the substitution in paragraph (d) thereof, for the words ” the use of any head-gear “, of the wards ” the use of any spear gun or of any head-gear “;
|
|
(ii) by the omission of paragraph (f) of that subsection ; and
|
|
|
(2) by the repeal of subsections (3) and (4) thereof, and the substitution therefor, of the following subsections :
|
” (3) 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.
|
|
(4) Every regulation made by the Minister shall, as soon as convenient after its publication, be brought before Parliament for approval. Any regulation which is not so approved shall be deemed to be rescinded as from the date of disapproval but without prejudice to anything previously done thereunder, Notification of the date on which a regulation is deemed to be rescinded shall be published in the Gazette.”.
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Amendment of section 72 of the principal enactment.
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66. Section 72 of the principal enactment is hereby amended in subsection (1) of that section as follows:
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(1) by the insertion immediately before the definition. of the expression ” Ceylon” of the following definition:
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‘ ” Buffer Zone ” means a Buffer Zone constituted by Order under section 2 (1) ; ‘ ;
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(2) by the omission of the definitions respectively of the expressions ” Ceylon”, “close season” and “Crown land” ;
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(3) by the insertion immediately before the definition of the expression ” cultivated land ” of the following definition :
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” coast” means the border of land which is adjacent, to the sea and not covered by sea water;’;
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(4) by the omission of the definition of the expression ” Intermediate Zone ” and the substitution therefor, of the following definition :
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” Invertebrate ” means a member of the phyla, protozoa, porifera (Sponges), coelentreata, arthropoda, moilusca, annelida ;
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(5) by the omission of the definition of the expression “gun ” and the substitution therefor, of the following definition:
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‘” gun ” has the same meaning as in the Firearms Ordinance and includes a spear gun or a ” cap-chur ” gun ;’;
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(6) by the omission of the definition of the expression ” local authority ” and the substitution therefor, of the following definition :
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‘”local authority” means Municipal Council, Urban Council or Pradeshiya Sabha said includes any authority created and established by, or under, any law to exercise, perform or discharge powers, duties and functions corresponding to, or similar to powers, duties and functions exercised, performed and discharged by any such Council or Sabha ;’;
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(7) by the insertion, immediately after the definition of the expression ” local authority “, of the following new definition:
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‘” Marine Reserve” means a Marine Reserve constituted by order under section 2(1) ; ‘ ;
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(8) by the omission of the definition of the expression “open season”;
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(9) by the repeal of the definition of the expression “police officer” and the substitution therefor, of the following definition :
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‘ ” police officer ” means a member of an established police force and includes a police reservist;’;
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(10) by the insertion, immediately after the definition of the expression ” prescribed”, of the following definitions :
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‘” public corporation” means any corporation, board or other body which was, or is established, by or under any written law other than the Companies Act, with funds or capital wholly or partly provided by the Government by way of grant, loan or otherwise ;’;
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‘” Refuge” means a Refuge, constituted by Order under section 2 (1) ;’;
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(11) by the insertion, immediately after the definition of the expression “Sanctuary”, of the following definition:
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‘” Sri Lanka ” includes the territorial sea of Sri Lanka;’;
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(12) by the insertion immediately before the definition of the expression ” Strict Natural Reserve ” of the following definition:
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‘” State land ” means land to which the State is lawfully entitled or which may be disposed of by the State together with any building standing therein, and with all rights, interests and privileges attached or appertaining thereto, and shall be deemed to include land vested in, or under the control of the River Valley Development Board and the Mahaweli Development Board or any other authority charged with the function of developing State land, or in any local authority ;’ ; and
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(13) by the substitution for the definition of the expression ”territorial waters”, of the following definitions:
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“territorial sea” means the area declared as the territorial sea of Sri Lanka by Proclamation, made under the Maritime Zones Law, No. 22 of 1976;
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“tourist,” means any local or foreign visitor who enters any national park ;
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” tourist hotel” means an organization, institution or an enterprise which provides not less than ten rooms for accommodation;
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“vertebrate”, means a member of the class of pisces, amphibia, reptilia, aves or mammalia; and
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” wild life ” means, plants and animals which owe their existence to natural phenomena or processes that occur autonomously,’.
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Substitution of the words “Sri Lanka” for the word ” Ceylon “.
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67. In the principal enactment for the word ” Ceylon “, wherever that word occurs in that enactment there shall be substituted the words ” Sri Lanka “.
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Substitution of the words ” State land ” for the words ” Crown land “.
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68. In the principal enactment for the words “Crown land ” wherever those words occur in that enactment there shall be substituted the words ” State land “.
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Signing of international agreements or convention relating to wild life.
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69. The Minister or any person authorised by the President by instrument under his hand may sign, on behalf of the Government of Sri Lanka, any international agreement or convention relating to wild life.
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Sinhala text to prevail in case of inconsistency.
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70. In the event of any inconsistency between “the Sinhala and Tamil texts of this Act, the Sinhala test shall prevail.
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Replacement of Schedules I, II, III and IV to the principal enactment.
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71. Schedule I, II, III, and IV to the principal enactment are hereby repealed, and the following Schedules substituted therefor:-
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