Coast Conservation and Coastal ResourCe Management ACT

Arrangement of Sections

1. Short title.

PART I

ADMINISTRATION

2. Administration of coastal zone vested in the Republic.

3. Section-3.

4. Duties and functions of the Director-General.

5. Director-General may delegate any of his powers under the Act to Divisional Secretaries or to prescribed officers.

6. Coast Conservation and Coastal Resource Management Advisory Council.

7. Functions of the Council.

8. Term of office of appointed members of the Council.

9. Acts or proceedings of the Council deemed not to be invalid by reason of any vacancy or defect in the appointment of a member.

10. Meeting of the Council.

PART II

COASTAL ZONE MANAGEMENT

11. Survey of resources within the Coastal Zone.

12. Coastal Zone Management.

13. Minister to prescribe criteria to issue permits.

PART III

PERMIT PROCEDURE

14. Issue of permits.

15. Conditions for issue of permits.

16. Environmental impact assessment.

17. Conditions attached to permits.

18. Duration and renewal of permits.

19. Variation of conditions of permit.

20. Execution of schemes of Coast Conservation and Coastal Resource Management.

21. Appeals.

22. Provision of this Part not to apply to the maintenance or dredging of existing navigation channels.

22A. Application of the Mines and Minerals Act.

PART III A

AFFECTED AREAS

22B. Declaration of affected areas.

PART III B

BEACH PARKS AND CONSERVATION AREAS

22C. Beach Parks.

22D. Conservation Areas.

PART III c

SPECIAL MANAGEMENT AREAS

22E. Special Management areas.

PART III D

COASTAL ACCESS PLAN

22F. Coastal Access Plan.

22G. Application of the provisions of Act to Parts IIIA, IIIB, IIIC and IIID.

PART IV

GENERAL

23. Transitional provisions.

24. Permits for the occupation of the foreshore or sea bed.

25. Director-General to give directions for prevention or intrusion of waste or foreign matter the Coastal Zone.

26. Powers of entry.

26A. Issue of directions to abate activity.

27. Returns.

27A. Seizure of vehicles upon contravention of provisions of section 14.

28. Contravention of the provisions of section 14 an offence under this Act.

29. Offences.

30. Additional fine.

31. Demolition of unauthorised structures.

31A. Prohibition on mining collecting of coral within Coastal Zone.

31B. Certificate by Director-General as to place where offence was committed to be prima facie evidence.

31BB. Sea Corals.

31C. Demolition of kilns within the Coastal Zone.

31D. Title to beaches cannot be acquired by possession or use.

31E. Transport and storage of sand or sea shells.

31F. Fifty per centum of fines to be credited to the Police Reward.

31G. Filling of land or water bodies without a permit to be an offence.

31H. Bail not to be allowed.

32. Regulations.

33. Savings.

34. Savings as to the rights of the Republic.

35. Protection for action taken in good faith.

35A. Power of police officer to arrest without warrant.

35AA. Offences under the Act to be cognisable offences.

35AAA. Immunity from suit.

35B. Power of police officer to prevent commission of offence.

35C. Penalty for obstructing or interfering with police officers.

PART V

AMENDMENT AND MODIFICATION OF CERTAIN WRITTEN LAWS

36. Applications of certain written laws to the Coastal Zone.

37. Amendment to section 56 of the Housing and Town Improvement Ordinance.

38. Amendment to section 29 of the Town and Country Planning Ordinance.

39. Repeal of section 7 and 8 of the Tourist Development Act, No. 14 of 1968.

40. Amendment of section 13 of the Mines and Minerals Law, No. 4 of 1973.

41. Insertion of new section 11A in the Soil Conservation Act.

42. Interpretation.

57 of 1981,

64 of 1988,

49 of 2011.

AN ACT to make provision for a survey of the coastal zone and the preparation of a coastal zone management plan; to regulate and control development activities within the coastal zone; to make provision for the formulation and execution of schemes of work for Coast Conservation and Coastal Resource Management within the coastal zone; to make consequential amendments to certain written laws; and to provide for matters connected therewith or incidental thereto.

[Am by s 2 of Act 49 of 2011.]

[Date of Commencement: 9th September, 1981]

1. Short title.

This Act may be cited as the Coast Conservation and Coastal Resource Management Act.

PART I

ADMINISTRATION

2. Administration of coastal zone vested in the Republic.

The administration, control, custody and management of the Coastal Zone are hereby vested in the Republic.

3. —

For the purposes of this Act.

(a) there shall be appointed a Director-General of Coast Conservation and Coastal Resource Management (hereinafter referred to as "the Director-General”);

(b) there may be appointed—

(i) such number of Director-Generals, Deputy Directors and Assistant Directors; and

[3(b)(i) subs by s 4 of Act 49 of 2011.]

(ii) such other officers.

as may be necessary to assist the Director-General in the administration and implementation of the provisions of this Act.

4. Duties and functions of the Director-General.

The Director-General shall be responsible—

(a) for the administration and implementation of the provisions of this Act;

(b) for the formulation and execution of schemes of work for Coast Conservation and Coastal Resource Management within the Coastal Zone; and

[4(b) am by s 5(1) of Act 49 of 2011.]

(c) for the co-ordination of activities of other departments, institutions and agencies in connection with activities being carried out within the Coastal Zone;

[4(c) subs by s 5(2) of Act 49 of 2011.]

(d) for the preparation and implementation of the Coastal Zone Management Plan prepared under section 12;

[4(d) ins by s 5(2) of Act 49 of 2011.]

(e) for the dissemination of information on coast conservation and coastal resource management, to the public and to other departments, agencies and institutions and where necessary to tender advice and guidance;

[4(e) ins by s 5(2) of Act 49 of 2011.]

(f) for the conduct of research in collaboration with other departments, agencies and institutions for the purpose of ensuring effective coast conservation and coastal resource management;

[4(f) ins by s 5(2) of Act 49 of 2011.]

(g) for the implementation of the coast conservation and coastal resources management programmes specified in the National Fisheries Policy.

[4(g) ins by s 5(2) of Act 49 of 2011.]

5. Director-General may delegate any of his powers under the Act to Divisional Secretaries or to prescribed officers.

The Director-General may, delegate by an authorization in writing in that behalf to any Divisional Secretary of a Division within which any part of the coastal zone in situated or to any prescribed public officer, as the case may be, any power, duty and function conferred or imposed on, or assigned to, the Director-General, by this Act, other than any power, duty or function falling within Part III of the Act. The Divisional Secretary or the prescribed public officer shall within such Divisional Secretary's Division or other area of authority exercise, perform and discharge the power, duty or function so delegated subject to the general direction and control of the Director-General.

[S 5 subs by s 6 of Act 49 of 2011.]

6. Coast Conservation and Coastal Resource Management Advisory Council.

(1) There shall be established a Coast Conservation and Coastal Resource Management Advisory Council (hereinafter referred to as "the Advisory Council”) consisting of the following members—

[S 6(1) subs by s 7 of Act 49 of 2011.]

(a) the Secretary to the Ministry of the Minister to whom the subject of Coast Conservation and Coastal Resource Management is assigned, who shall be the Chairman;

[S 6(1)(a) subs by s 7 of Act 49 of 2011.]

(b) the Secretary to the Ministry of the Minister to whom the subject of Plan Implementation is assigned or his representative;

[S 6(1)(b) subs by s 7 of Act 49 of 2011.]

(c) the Secretary to the Ministry of the Minister to whom the subject of Tourism is assigned or his representative;

[S 6(1)(c) subs by s 7 of Act 49 of 2011.]

(d) the Secretary to the Ministry of the Minister to whom the subject of Urban Development is assigned or his representative;

[S 6(1)(d) subs by s 7 of Act 49 of 2011.]

(e) the Secretary to the Ministry of the Minister to whom the subject of Public Administration is assigned or his representative;

[S 6(1)(e) subs by s 7 of Act 49 of 2011.]

(f) the Secretary to the Ministry of the Minister to whom the subject of Industries is assigned, or his representative;

[S 6(1)(f) subs by s 7 of Act 49 of 2011.]

(g) the Secretary to the Ministry of the Minister to whom the subject of Provincial Councils is assigned, or his representative;

[S 6(1)(g) subs by s 7 of Act 49 of 2011.]

(h) the Secretary to the Ministry of the Minister to whom the subject of Environment is assigned, or his representative;

[S 6(1)(h) subs by s 7 of Act 49 of 2011.]

(i) the Director-General of Fisheries and Aquatic Resources, appointed under the Fisheries and Aquatic Resources Act, No. 2 of 1996, or his representative;

[S 6(1)(i) subs by s 7 of Act 49 of 2011.]

(j) the Director-General of the National Aquatic Resources Research and Development Agency, appointed under the National Aquatic Resources, Research and Development Agency Act, No. 54 of 1981, or his representative;

[S 6(1)(j) subs by s 7 of Act 49 of 2011.]

(k) the Director-General of the Urban Development Authority appointed under the Urban Development Authority Law, No.41 of 1978, or his representative;

[S 6(1)(k) subs by s 7 of Act 49 of 2011.]

(l) the Director-General of the Central Environmental Authority appointed under the National Environmental Authority Act, No. 47 of 1980, or his representative;

[S 6(1)(l) subs by s 7 of Act 49 of 2011.]

(m) The Director-General of the Geological Survey and Mines Bureau appointed under the Mines and Minerals Act, No. 33 of 1992, or his representative;

[S 6(1)(m) ins by s 7 of Act 49 of 2011.]

(n) the Land Commissioner or his representative;

[S 6(1)(n) ins by s 7 of Act 49 of 2011.]

(o) the Director-General appointed under section 3, who shall be the Secretary to the Council; and

[S 6(1)(o) ins by s 7 of Act 49 of 2011.]

(p) three other persons appointed by the Minister, one from among persons who will represent the academic staff of the Universities, one representing the nongovernmental organizations concerned with the protection of the coastal environment and the other who shall be a representative of the fishing industry.

[S 6(1)(p) ins by s 7 of Act 49 of 2011.]

(2) The Advisory Council may where in its opinion it appears to be necessary for the effective discharge of its functions, co-opt any other Secretary to serve as a member of the Advisory Council for so long as may be necessary for such purpose. A Secretary coopted in terms of this subsection shall be present at meetings of the Advisory Council only when the specific matter, which necessitated his presence, is being discussed. He shall not be entitled to vote at such meetings.

[S 6(2) ins by s 7 of Act 49 of 2011.]

7. Functions of the Council.

The functions of the Council shall be to—

(a) advise the Minister on all development activities proposed to be commenced in the Coastal Zone;

(b) review the Coastal Zone Management Plan prepared in accordance with the provisions of Part II of this Act and furnish recommendations, if any, thereon to the Director-General;

(c) review the environmental impact assessments furnished to the Director-General in connection with applications for permits under section 14, and make comments if any, thereon to the Director-General;

(d) inform the Director-General of the need for schemes of work within the Coastal Zone, whenever such need arises; and

(e) advise the Minister or the Director-General, as the case may be on any other matter relating to Coast Conservation and Coastal Resource Management that may be referred to the Council by the Minister or the Director-General, as the case may be.

8. Term of office of appointed members of the Council.

(1) Every appointed member of the Council shall hold office for a period of three years, unless he earlier vacates office by death, resignation or removal.

(2) The Minister may, if he considers it expedient to do so, by Order published in the Gazette, remove from office any appointed member of the Council without assigning any reason therefor and such removal shall not be called in question in any court.

(3) An appointed member may at any time resign his office by letter to that effect addressed to the Minister.

(4) If an appointed member of the Council dies or resigns or is removed from office, the Minister may, having regard to the provisions of paragraph (1) of section 6, appoint any other person to be a member in place of the member who dies, resigns or is removed from office.

(5) A member who has been appointed under subsection (4) shall, unless he earlier vacates his office by death, resignation or removal, hold office for the unexpired period of the term of office of his predecessor.

(6) Where an appointed member of the Council is by reason of illness, infirmity or absence from Sri Lanka for a period of not less than three months, temporarily unable to perform the duties of his office, it shall be the duty of such member to so inform the Minister in writing. The Minister may, having regard to the provisions of paragraph (1) of section 6, appoint another person to act in the place of such member.

(7) Any appointed member of the Council who vacates office other than by removal shall be eligible for reappointment.

9. Acts or proceedings of the Council deemed not to be invalid by reason of any vacancy or defect in the appointment of a member.

No act or proceeding of the Council shall be invalid by reason only of the existence of any vacancy in the Council or any defect in the appointment of a member of the Council.

10. Meeting of the Council.

(1) A meeting of the Council shall be held at least once in every six months.

[S 10(1) subs by s 3 of Act 64 of 1988.]

(2) The Chairman or in his absence, the Director-General or in the case of the absence of both, a member elected by the members present, shall preside at meetings of the Council.

(3) All questions for decision at any meeting of the Council shall be decided by the vote of a majority of the members present. In the case of an equality of votes, the member presiding shall have a casting vote.

(4) The quorum for any meeting of the Council shall be seven members and subject to the provisions of this section, the Council may regulate its own procedure.

PART II

COASTAL ZONE MANAGEMENT

11. Survey of resources within the Coastal Zone.

(1) The Director-General shall as soon as practicable cause a survey of all the resources and activities within the Coastal Zone to be conducted and thereafter prepare a report based on the results of such survey.

(2) In preparing the report required under subsection (1), the Director-General shall have regard to the relevant data and information collected or compiled by government departments, institutions and agencies. It shall be the duty of the Heads of such Departments, institutions and agencies to furnish any such data or information as may be reasonably required by the Director-General for the purpose of preparing such report.

[S 11 subs by s 8 of Act 49 of 2011.]

12. Coastal Zone Management.

(1) The Director-General shall, not later than three years from the date of operation of this Act, prepare and submit to the Advisory Council, a Coastal Zone and Coastal Resource Management Plan (hereinafter referred to as "the Plan”) based on the results of the survey conducted in terms of section 11. The Plan shall include guidelines for the management of coastal resources and a comprehensive programme for conservation of coastal resources for sustainable development and also—

[S 12(1) am by s 9(1)(a) of Act 49 of 2011.]

(a) the guidelines to be used in determining the suitability of particular development activities in the Coastal Zone;

(b) proposals which deal with the following subjects—

(i) land use;

(ii) transport facilities;

(iii) preservation and management of the scenic and other natural resources;

(iv) recreation and tourism;

(v) public works and facilities, including waste disposal facilities, harbours and power plants;

(vi) mineral extraction;

(vii) living resources;

(viii) human settlements;

(ix) agriculture;

[S 12(1)(b)(ix) am by s 9(1)(b) of Act 49 of 2011.]

(x) industry,

[S 12(1)(b)(x) am by s 9(1)(b) of Act 49 of 2011.]

(xi) availability of coastal resources;

[S 12(1)(b)(xi) ins by s 9(1)(b) of Act 49 of 2011.]

(xii) coastal erosion management;

[S 12(1)(b)(xii) ins by s 9(1)(b) of Act 49 of 2011.]

(xiii) coastal water quality;

[S 12(1)(b)(xiii) ins by s 9(1)(b) of Act 49 of 2011.]

(xiv) zoning of coastal water usage; and

[S 12(1)(b)(xiv) ins by s 9(1)(b) of Act 49 of 2011.]

(xv) any other matters which in the opinion of the Director-General is relevant to coast conservation and coastal resource management,

[S 12(1)(b)(xv) ins by s 9(1)(b) of Act 49 of 2011.]

within the Coastal Zone;

(c) proposals for the reservation of land or water in the Coastal Zone for certain uses, or for the prohibition of certain activities in certain areas of the Coastal Zone;

(d) a comprehensive programme for the utilisation of manpower displaced as a direct result of more effective Coastal Zone regulation;

[S 12(1)(d) am by s 9(1)(c) of Act 49 of 2011.]

(e) recommendations for strengthening Governmental policies and powers and the conduct of research for the purposes of Coast Conservation and Coastal Resource Management;

[S 12(1)(e) am by s 9(1)(d) of Act 49 of 2011.]

(f) recommendations identifying Special Area Management sites, rating such sites in terms of the severity of resource management issues, bio diversity, viability and economic significance;

[S 12(1)(f) ins by s 9(1)(e) of Act 49 of 2011.]

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