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Short title.
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1. This Act may be cited as the Soil Conservation Act.
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Establishment of the soil conservation Board.
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1A.
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(1) There shall be established a Board which shall be called the Soil Conservation Board (hereinafter referred to as the “Board.”).
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(2) The Board shall consist of the following members who shall be appointed by the Minister, appointed under Article 44 of the Constitution, to be in charge of the subject of Agriculture :-
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(a) the Secretaries of the Ministries of the Ministers appointed under Article 44 of the Constitution in charge respectively of the subjects of-
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(iii) Mahaweli development ;
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(iv) Housing and Construction ;
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(vi) Plantation Industries ;
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(ix) Provincial Councils ;
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(b) the Director General of Agriculture ;
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(c) Director of Coast Conservation ;
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(d) the Director General of the Board of Investment of Sri Lanka; established by the Board of Investment of Sri Lanka Law, No. 4 of 1978 ;
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(e) the Director General of the Urban Development Authority established by the Urban Development Authority Law, No. 41 of 1978 ;
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(f) the Chairman of the Central Environmental Authority established by the National Environment Act, No. 47 of 1980 ;
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(g) a representative each from two nongovernmental organizations engaged in activities related to soil conservation and land use (hereinafter referred to as appointed members”) ;
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(h) the Board may with the concurrence of the Minister co-opt a maximum of two persons or officers who have special knowledge in relation to the subjects referred to in paragraph (a)
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(3) Secretaries to the Ministries of the Ministers in charge of the subject of Agriculture in Provincial councils may be invited to attend moving of the Soil Conservation Board, when matters relating to a particular Provincial Council is taken up at the meetings of the Board.
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(4)
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(a) An appointed member may, at any time resign his office, by letter addressed to the Minister.
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(b) The Minister may, at any time remove an appointed member from office, without assigning any reason therefor.
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(c) Subject to the provisions of paragraphs (a) and (b) the term of office of an appointed member shall be three years.
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(d) Where an appointed member vacates office by death, resignation, removal from office or otherwise, the Minister may appoint another person from the non-governmental organization to which such member belong ed, in his place :
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Provided that a member appointed under this paragraph shall hold office for the remainder of the term of office of the member whom he succeeds.
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(e) Where an appointed member is by reason of illness or infirmity or absence from Sri Lanka temporarily unable to perform the duties of his office, the Minister may appoint another person from the non governmental organization to which such member belongs to act in his place.
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Chairman and secretary of the Board.
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1B.
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(1) The Secretary to the Minister appointed under Article 44 of the Constitution in charge of the subject of Agriculture shall act as Chairman of the Board.
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(2) The Director General shall act as the Secretary to the Board.
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1C.
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(1) The functions of the Board shall be-
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(a) to propose measures, and co-ordinate activities, research and programmes, relating to-
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(i) the enhancement and the sustenance of the productive capacity of the soil ;
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(ii) the restoration of the productive capacity of land which has been degraded due to the lack of proper conservation measures ;
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(iii) the protection of land vulnerable to degradation ;
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(iv) the conservation of water and watersheds, in so far as it is necessary for the conservation of the soil and the maintenance of its productivity ;
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(b) to prevent soil erosion resulting from non-agricultural activities leading to-
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(i) siltation or degradation of agricultural land of a degree likely to affect the productivity of such land ; and
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(ii) siltation of water bodies and irrigation systems capable of supporting agricultural productivity ;
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(c) to administer and manage the soil Conservation Fund established by section ID; and
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(d) to advise the Minister on the implementation of the provisions of this Act,
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(2) The Board may, for the purpose of facilitating the technical work of the Board, consult the Land Use Planning Committees at the Provincial District and Divisional Secretary levels constituted by the Ministry of the Minister in charge of the subject of Lands.
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1D.
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(1) There shall be established a Fund called the “soil Conservation Fund “.
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(2)
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(a) There shall be paid Into the Fund-
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(i) all such sums of money as may be voted from time to time by Parliament for the use of the Fund ;
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(ii) all sums of money required to be paid into the Fund under this Act or any other written law ;
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(iii) any donation or grant from local or foreign sources ; and
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(iv) all such sums of money as the Board may from time to time determine as being payable into the Fund “‘,
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(b) There shall be paid out of the Fund, all such sums of money required to defray any expenditure incurred by the Director-General in the exercise, discharge and performance of its powers, functions and duties under this Act or any other written law, and all such sums of money as are required to be paid out of such Fund by or under this Act.’.
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Surveys and investigations as to nature and extent of Land degradation.
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2.
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(1) It shall be the duty of the Director-General to cause, surveys and investigations to be made for the purposes of ascertaining the nature and extent of land degradation due to various factors including floods, droughts, salinisation, desertification, siltation and Land degradation and of enabling the Minister to determine the areas which should be declared under this Act to be conservation areas.
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(2) For the purposes of any survey or investigation carried out under subsection (1), it shall be lawful for any officer authorized in writing by the Director in that behalf to enter and inspect any land at any reasonable time, together with such other persons as he may require, and to carry out thereon all such examinations and inquiries as may be necessary.
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Declaration of conservation areas.
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3. The Minister may by Order published in the Gazette declare any area defined in the Order to be a conservation area for the purposes of this Act.
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Regulations for conservation areas.
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4. The Minister may make regulations, to be applicable either generally in all conservation areas, or specially in any specified credible areas-
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(a) requiring the owners of land to take measures designed to prevent or control soil erosion, including measures for the aforestation of sources of streams and of the banks of streams, for the reservation of a prescribed width of land free of cultivation along the banks of streams, for the conservation of vegetation along the banks of streams, for the training of streams by means of check dams or otherwise, and for the erection of contour ridges or terraces;
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(b) prohibiting or restricting the clean weeding of land or other agricultural practices conducive to soil erosion;
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(bb) prohibiting or restricting the extraction of any material from a stream course or stream bank or the disposal of any material on any stream bank or into any stream that may lead to the erosion of the stream bank;
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(c) restricting the use of land for agricultural or pastoral purposes, where such restriction is necessary for the purpose of preventing or controlling soil erosion or of protecting the sources and banks of streams;
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(d) prohibiting or controlling the exploitation of forest and grass land resources in the interests of soil conservation or for the purpose of reducing the danger of fires or of damage caused thereby;
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(e) authorizing any prescribed officer or person to give directions for seasonal or periodical changes in the type or nature of crops cultivated, or for the adoption or alteration of cultivation practices for the purpose of promoting soil conservation.
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(f) authorising any prescribed officer or person to give directions in respect of the procedure to be adopted to enhance the productivity of degraded lands ;
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(g) authorising any prescribed officer or person to give directions in respect of the procedure to be adopted for the conservation of water and watersheds.
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Acquisition of land required for carrying out measures to prevent degradation.
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5. Where the Minister is satisfied that any land in any conservation area should be withdrawn from cultivation or that any measures designed to prevent or reduce erosion should be taken on or with respect to any such land by the Government, the Minister may declare that the land is needed for a public purpose; and upon such declaration being made, the land shall be acquired under the Land Acquisition Act, and the provisions of that Act (other than the provisions of sections 2 and 3 thereof) shall apply accordingly.
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5A. the Director-General may delegate to of powers. the Divisional Secretary in charge of a Division, any power, duty or function conferred or imposed on or assigned to, him by of under this Act.
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6. The Minister may make regulations for or in respect of all or any of the following matters:-
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(a) the measures to be taken by owners of land for the purposes of the preservation and promotion of soil fertility and of facilitating the absorption of moisture by the soil;
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(b) the measures to be taken by owners of land for the purpose of preventing or reducing or remedying damage by soil erosion;
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(c) the control of the grazing of animals in so far as grazing interferes with the cultivation of land or is likely to reduce soil fertility or to be conducive to damage by soil erosion;
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(d) the control of floods and of the effects of drought by means of provision requiring the diversion of water or the storage of water, and the correlation of measures designed to control floods and conserve water with measures taken by local authorities for the purpose ;
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(e) the prohibition or restriction of the burning of grass land and of the spread of fire during the burning of chenas;
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(f) the specification of the times of tillage and irrigation and of the methods of irrigation in specified areas in order to ensure the economic use of available water;
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(g) the authorization of any prescribed officer or person to give directions for seasonal or periodical changes in the type or nature of crops cultivated, or for the adoption or alteration of cultivation practices for the purpose of promoting soil conservation;
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(h) the cambering and cross-draining of roads and paths under the control of any Government department or local authority and the prohibition or control of the scouring of drains and water-channels; or
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(hh) measures to be taken by owners of land to protect land vulnerable to degradation and to increase the productive capacity of such lands ;
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(hhh) the measures to be taken to conserve water and watersheds in so far as it is necessary for the conservation of the soil;
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(i) any matter in this Act stated required to be prescribed.
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Loan to owner of land who is required to take measures under the Act.
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7.
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(1) Where the owner of any land is required by any regulation made under this Act to take any measures upon or with respect to that land, the Director may, if authorized thereto by regulations made in that behalf and subject to such conditions or restrictions as may be prescribed by such regulations, grant a loan to the owner for the purpose of assisting him to defray the cost of such measures.
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(2) No loan shall be made under the preceding provisions of this section except out of moneys provided by Parliament for the purpose.
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(3) Regulations may be made prescribing the security upon which loans may be granted under this section and the rate of interest payable upon such loans, and providing for the time and manner of the repayment or recovery of the principal and interest due on such loans.
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Authority for Director to take measures where owner of land fails so to do.
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8.
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(1) In any case where any owner of any land fails to take on or with respect to the land any measures specified in that behalf in any regulation made under this Act, it shall be lawful for the Director, after giving to the owner notice of such duration as may be prescribed, to cause such measures to be taken on or with respect to that land by an officer authorized in writing by the Director in that behalf; and it shall be lawful for any officer so authorized to enter the land, together with such other persons as he may require, and to carry out thereon all such work as may be necessary for the purpose of taking the required measures.
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(2) The cost of carrying out any work on or with respect to any land in pursuance of the powers conferred by subsection (1) shall be payable by the owner in such installments as may be prescribed; and the amount of any such installment, if unpaid, shall be recoverable by civil action as a debt due to the State.
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General provisions as to regulations.
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9.
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(1) Every regulation made by the Minister under this Act shall be brought before Parliament for approval, and if so approved shall be published in the Gazette and come into operation upon the date of such publication.
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(2) Any regulations made under this Act may empower any such officer or person as may be specified therein to make such orders or issue such directions to owners of land, cultivators or other persons as may be necessary for securing compliance with or carrying out the objects and purposes of this Act or of any regulations made thereunder.
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Appointment of officers.
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10. There may be appointed all such officers and servants as may be necessary for carrying out or giving effect to the principles and purposes of this Act.
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11 Any person who contravenes or fails to comply with any regulation made under this Act or any order or direction made or given under any such regulation, or who resists or obstructs the Director or any other officer in the exercise or performance of any function or duty conferred or imposed on the Director or such officer by or under this Act, shall be guilty of an offence and liable on conviction after summary trial before a Magistrate to a fine not less than one thousand rupees and not exceeding five thousand rupees.
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‘Application of provisions
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11A.
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(1) Nothing in section 3 shall be read and construed as empowering the Minister to make any Order under that section in relation to any area of land situated within the Coastal Zone.
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(2) Every Order under section 3 relating to any area of land situated within the Coastal Zone and which is in operation on the date of coming into force of this section shall be deemed to be revoked.
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(3) Nothing in section 6 shall be read and construed as empowering the Minister to make regulations under that section to, or in relation to, any land situated within the Coastal Zone.
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(4) Every regulation made under section 6 and which is in operation on the date of coming into force of this section shall be deemed not to apply to, or in relation to, any land situated within the Coastal Zone.
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12. In this Act unless the context other-wise requires
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” Board” means the Soil Conservation Board established by section 1A ;
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“Director-General” means the Director-General of the Department of Agriculture ;
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” Fund ” means the Soil Conservation fund established by section ID ;
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” owner ” in relation to any land includes the lessee or mortgage of the land ;
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“water bodies” include reservoirs, artificial tanks, rivers, streams, canals and kandura,’,
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