FAUNA AND FLORA PROTECTION ORDINANCE

Arrangement of Sections

1. Short title.

PART I

National Reserves and Sanctuaries

2. Constitution of National Reserves, Strict Natural Reserves, National Parks, Nature Reserves, Jungle Corridors, Refuges, Marine Reserves, Buffer Zones and Sanctuaries.

2A. Management Plans for National Reserves and Sanctuaries.

2B. Assessment of impacts of activities within National Reserves and Sanctuaries

2C. Services and facilities within National Reserves or Sanctuaries

2D. Nature Trails

3. Essential features of Strict Natural Reserves, Jungle Corridors, National Parks, Refuges, Marine Reserves, Buffer Zones and Sanctuaries.

3A. Ban on tourist hotels within one mile of National Reserve.

4. Restriction of entry into Strict Natural Reserves.

5. Restriction of entry into National Parks.

5A. Restriction of entry into Nature Reserves.

5B. Causing nuisance or disturbance within a National Reserve.

6. Acts prohibited in Strict Natural Reserves, National Parks, Nature Reserves and Jungle Corridors.

6A. Acts prohibited in National Reserves and Sanctuaries.

7. Acts regulated in Sanctuaries.

8. Acts prohibited in vicinity of National Reserve.

8A. Repealed.

9. Special regulations for Part I.

9A. Restriction on development activity within one mile of a National Reserve

10. Offences and penalties under Part I.

11. Interpretation of Part I.

PART II

Elephants and Buffalo

12. Protection of elephants in areas outside National Reserves and Sanctuaries.

13. Declaration of areas in which damage by elephant or buffalo is apprehended.

14. Repealed.

15. Repealed.

16. Killing or taking of elephants and buffaloes to be reported forthwith.

17. Property in elephants killed or taken under Part II.

18. Director authorised to dispose of tusks and car cases of dead elephants.

19. Royalties payable on elephants.

19A. Prohibition of export of any part of an elephants.

20. Offences-Elephants.

21. Offences-Dead elephants.

22. Repealed.

22A. Registration and licensing of elephants.

23. Penalty for unlawful possession of elephant.

24. Tusks and tushes to be registered.

24A. Tusks and tushes to be licenced.

24B. Inspection of places where tusks and tushes are kept.

25. Power of Director to seize elephant, tusk or tush on suspicion.

26. Repealed.

27. Special regulations for Part II.

28. Interpretation Part II.

29. Elephant orphanages.

PART III

Vertebrates and Invertebrates

30. Offences relating to mammals and reptiles not included in Schedule I.

31. Offence relating to birds.

31A. Offences relating to amphibians and fishes included in Schedules III and IV.

31B. Offences relating to invertebrates included in Schedule IV A.

32. Repealed.

33. Repealed.

34. Alteration of Schedules I, II, III and IV.

35. Proof of species of mammals, birds, reptiles, amphibians, fishes or invertebrates.

36. Temporary prohibition against killing or taking of birds in specified areas.

37. Prohibition of import of mammals' birds, reptiles, fishes and invertebrate's without permits.

38. Regulations may be made.

39. Penalties for unlawful import or release of mammals, birds, reptiles, amphibians, fishes and invertebrates.

40. Prohibition of export of mammals, birds, reptiles, amphibians, fishes, corals and invertebrates without a permit.

41. Penalty for unlawful export or re-export of mammals, birds, reptiles, amphibians, fishes, and invertebrates.

PART IV

Flora

Protection of Plants Included In Schedule V.

42. Protection of plants included in schedule V.

43. Protected trees.

44. Alteration of Schedules V and VI.

45. Regulations relating to flora.

46. Offences under Part IV.

46A. Certificate of proof.

47. Savings—Part IV.

48. Interpretation of Part IV.

PART V

Miscellaneous Provisions

49. Taxidermists and traders in animals skins to be licensed.

49A. Registration of animals in the possession of individuals.

50. No gun to be discharged on a prohibited road.

51. Prohibition of shooting from vehicles.

52. Prohibition of use of artificial lights.

52A. Prohibition of shooting in vicinity of water holes.

52B. No food or substance to be used for inducing any animal.

53. Regulation of hunting, shooting on State land or public thoroughfare outside National Reserves.

53A. Prohibition of the poison on animals.

53B. Prohibition on the possession of the flesh of any animal killed or taken by the use of poison.

53C. Proof in case of identification of flesh of animals.

54. Prohibition on serving as food the flesh of any animal the killing of which is prohibited.

55. Circumstances in which acts otherwise prohibited may be authorised.

55A. Interpretation of Part V.

55B. Powers of Director-General to confiscate timber felled in a National Reserve or Sanctuary.

55C. Seizure of timber felled within a National Reserve or Sanctuary.

55D. Transportation of timber seized in terms of sections 55B and 55C.

PART VI

General Licences and Permits

56. Refusal and revocation of licences and permits.

57. Licences and Permits not to the transferred.

57A. Power to recover charges and fees.

Offences and Penalties

58. General penalty.

58A. Special penalty for offences against elephants.

59. Attempts and abetment.

60. General exceptions to liability.

60A. Certificate in respect of inability to produce.

60B. Indemnity for acts done in good faith.

60C. Presumption of ownership of plants and animals.

60D. Director-General's certificate to be prima facie evidence.

60E. Public Litigation.

61. Repealed.

62. Repealed.

63. Offences to be triable summary by Magistrates Courts.

64. Power of Magistrate's Court to make order of confiscation.

65. Wildlife Preservation Fund.

66. Powers of arrest and search.

66A. Offences by officers.

66B. Power to ascertain name and address of an offender.

66C. Special powers in respect of unlicensed guns.

66D. Director to control roads within the boundaries of any National Reserve.

67. Erection of barriers and search of vehicles on roads adjoining National Reserve.

67A. Jurisdiction over offences committed at sea.

67B. Offences under the Ordinance to be cognizable and bailable.

67C. The Director and prescribed officers to be peace officers.

67D. Power of Director and prescribed officers to hold inquiries.

67E. Arrests, searches how to be made.

67F. Ejectment from Crown Land.

Appointment of Officers and Advisory Committee

68. Appointment of officers.

68A. Plans and programmes for Wildlife Conservation.

68B. Guidelines to be framed by the Director.

69. Delegation of Powers of Director.

70. Advisory committee.

General Regulations

71. General regulations.

Interpretation and Savings

72. Interpretation.

73. Savings Licenses.

74. Savings Proclamations notifications.

75. Operation of Fisheries Ordinance.

SCHEDULES

2 of 1937,

31 of 1942,

12 of 1944,

12 of 1945,

38 of 1949,

44 of 1964,

1 of 1970,

49 of 1993,

12 of 2005,

22 of 2009.

AN ORDINANCE to provide for the protection and conservation of the Fauna and Flora of Sri Lanka and their habitats; for the prevention of commercial and other misuse of such Fauna and Flora and their habitats, for the conservation of the biodiversity of Sri Lanka; and to provide for matters connected therewith or incidental thereto.

[Subs by s 2 of Act 22 of 2009.]

[Date of Commencement: 1st March, 1938]

1. Short title.

This Ordinance may be cited as the Fauna and Flora Protection Ordinance.

PART I

National Reserves and Sanctuaries

2. Constitution of National Reserves, Strict Natural Reserves, National Parks, Nature Reserves, Jungle Corridors, Refuges, Marine Reserves, Buffer Zones and Sanctuaries.

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

(a) a Strict Natural Reserve; or

(b) a National Park; or

(c) a Nature Reserve; or

(d) a Jungle Corridor; or

(e) Marine National Park;

[S 2(1)(e) subs by s 3(1) of Act 22 of 2009.]

(f) a Marine Reserve; or

[S 2(1)(f) ins by s 3(1) of Act 49 of 1993.]

(g) a Buffer Zone.

[S 2(1)(g) ins by s 3(1) of Act 49 of 1993.]

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

[S 2(2) am by s 3(2) of Act 22 of 2009.]

(2A) An Order made under subsection (1) and subsection (2) of this section, shall have no effect unless it has been approved by Parliament and the notification of such approval is published in the Gazette.

[S 2(2A) ins by s 3(3) of Act 22 of 2009.]

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

[S 2(3) am by s 3(4) of Act 22 of 2009.]

(4) —

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

[S 2(4) re-numbered as s 2(4)(a) by s 3(5)(a) of Act 22
of 2009.]

(i) the limits of any National Reserve or Sanctuary may be altered or varied;

[S 2(4)(a) re-numbered as S 2(4)(i); am by s 3(5) of Act 22 of 2009.]

(ii) any National Reserve or part thereof shall cease to be a National Reserve;

[S 2(4)(b) re-numbered as S 2(4)(ii) by s 3(5)(b) of Act 22 of 2009.]

(iii) any Sanctuary or part thereof shall cease to be a Sanctuary;

[S 2(4)(c) re-numbered as S 2(4)(iii) by s 3(5)(b) of Act 22 of 2009.]

(iv) that a National Reserve of one class shall be a National Reserve of another class.

[S 2(4)(d) re-numbered as S 2(4)(iv) by s 3(5)(b) of Act 22 of 2009.]

(b) an Order made by the Minister under this subsection shall have no effect unless it has been approved by Parliament and the notification of such approval is published in the Gazette.

[S 2(4)(b) ins by s 3(5)(d) of Act 22 of 2009.]

(5) In the case of any change of boundaries or the disestablishment of a National Reserve or Sanctuary or Managed Elephant Reserve, a study shall be conducted and such study shall include an investigation of the ecological consequences of the proposed change.

[S 2(5) subs by s 3(6) of Act 22 of 2009.]

(6) the Minister may make regulations relating to any Managed Elephant Reserve or any Sanctuary.

[S 2(6) ins by s 3(6) of Act 22 of 2009.]

2A. Management Plans for National Reserves and Sanctuaries.

(1) A Management Plan may be prepared by a Management Planning Committee appointed by the Director-General for every National Reserve, based on such guidelines as may be prescribed.

(2) The Minister may by Order specify any Nation Reserve, Sanctuary or any Managed Elephant Reserve for which a Management Plan is required, taking into consideration the prevailing circumstances.

(3) The Secretary to the Ministry of the Minister shall endorse the Management Plan as being prepared in accordance with the provisions of the Ordinance.

(4) (a) A Management Plan may be amended or altered subject to the approval of the Director-General—

(b) The implementation of all Management Plans shall be monitored according to an approved plan, made by the Director-General and be subject to an evaluation within five years of the date of adoption of such Management Plan.

(c) Where a new Management Plan has to be prepared, it shall be prepared in accordance with the provisions of this section and be endorsed prior to the lapsing of the five years mentioned in paragraph (b).

[S 2A subs by s 4 of Act 22 of 2009.]

2B. Assessment of Impacts of activities within National Reserves and Sanctuaries.

(1) The Director-General may, prior to carrying out and giving effect to any activity under a Management Plan, require an assessment of the impact of such activity on the fauna and flora and their habitat to be made.

(2) The report on the assessment of the impacts of such activity shall included, but shall not be limited to—

(a) a statement of the existing or anticipated impact upon the fauna and flora, including an account of the species and habitats affected and extent to which they are or may be threatened;

(b) a statement of the existing or anticipated social and economic impact of such activity;

(c) a statement of where rare, endangered or endemic species are or may be affected;

(d) a list of alternative actions, including inaction which might be taken to remove or lessen any adverse impact; and

(e) any recommendation for subsequent action.

(3) The Minister may from time to time issue guidelines for the purposes of the implementation section.

[S 2B ins by s 4 of Act 22 of 2009.]

2C. Services and facilities within National Reserves or Sanctuaries.

(1) The Director-General may provide visitor services and facilities in National Reserves and Sanctuaries. The Director-General shall however ensure that the provision of such services and facilities do not damage the ecosystem concerned. Such services and facilities shall be provided according to the Management Plan, where applicable.

(2) The Director-General shall administer, control and manage the facilities and services which are to be provided within any National Reserve or Sanctuary.

[S 2C ins by s 4 of Act 22 of 2009.]

2D. Nature Trails.

(1) The Director-General may provide for roads and tracks within a National Reserve or a Sanctuary on State land to be nature trails for the use of any person who desires to travel on foot or otherwise as permitted, to study or observe the fauna and flora therein:

Provided that the State shall not be liable for any injury or damage sustained or incurred by any person using such trail.

(2) No person shall use any such nature trial unless he has obtained a permit issued by the Director-General upon the payment of the prescribed fee.

(3) Regulations may be made specifying the manner in which any person may use such nature trial.

(4) The Director-General, giving effect to the provisions of this section, shall consider the advice and recommendations of the Advisory Committee established under this Ordinance.

[S 2D ins by s 4 of Act 22 of 2009.]

3. Essential features of Strict Natural Reserves, Jungle Corridors, National Parks, Refuges, Marine Reserves, Buffer Zones and Sanctuaries.

(1) Save as hereinafter provided—

(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;

[S 3(1)(a)subs by s 5(1) of Act 49 of 1993.]

(b) no person shall be entitled to enter any National Park or any Marine National Park except for the purpose of observing the fauna and flora therein;

[S 3(1)(b) am by s 5(1)(a) of Act 22 of 2009.]

(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.

[S 3(1)(c) subs by s 5(1) of Act 49 of 1993.]

(d) no person shall hunt, shoot, kill or take any wild animal, or take or destroy any egg of any bird or reptile or any nest of any bird, in any Sanctuary.

[S 3(1)(d) am by s 3 Act 44 of 1964.]

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

[S 3(1A) ins by s 4(1) Act 1 of 1970.]

(2) .

[S 3(2) rep by s 5(2) of Act 49 of 1993]

(3) —

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

(b) For the purpose of this subsection, the Minister shall prescribe the customs, usages and traditional practices which may be exercised in or over any land situated within the limits of any National Park, Nature Reserve, Marine National Park, Jungle Corridor or in or over any state land in any sanctuary.

[S 3(3) subs by s 5(1)(c) of Act 22 of 2009.]

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

[S 3(4) ins by s 4(2) of Act 1 of 1970.]

3A. Ban on tourist hotels within one mile of National Reserve.

(1) 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.

[S 3A ins by s 6 of Act 4 of 1993; re-numbered as s 3A(1) by s 6(1) of Act 22 of 2009.]

(2) No person shall commence or cause to be commenced any expansion to any tourist hotels situated within a one mile radius of the outer boundary of a National Reserve.

[S 3A(2) ins by s 6(2) of Act 22 of 2009.]

(3) The owner or occupier of any building or any other similar construction situated within one mile radius outside the boundary of any National Reserve shall when required to do so by any authorised officer, submit for the inspection of such officer, the plans of such building, or such construction and the plans of the land on which such building or construction stands.

[S 3A(3) ins by s 6(2) of Act 22 of 2009.]

(4) Any person who fails to comply with the provisions of this section shall be guilty of an offence.

For the purpose of this section, "relevant authority” means the Director-General of Wildlife Conservation or any wildlife officer duly authorised by the Director-General in that behalf.

[S 3A(4) ins by s 6(2) of Act 22 of 2009.]

4. Restriction of entry into Strict Natural Reserves.

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

(a) for the purpose of discharging any official duty on the instructions or with the written permission of the Director; or

(b) under the authority and in accordance with the conditions of a written permit from the Director.

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

5. Restriction of entry into National Parks.

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

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

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

(4) Any person who enters and remains within any National Park without obtaining a permit issued under subsection (1) or contravenes any condition in the permit, shall be guilty of an offence under this Act.

[S 5(4) ins by s 7 of Act 22 of 2009.]

(5) Any person who having been issued a permit under subsection (1), uses such permit for any purpose other than the purpose for which it has been issued, shall be guilty of an offence under this Act.

[S 5(5) ins by s 7 of Act 22 of 2009.]

(6) Any person who on detection by a wildlife officer not below the rank of a Wildlife Ranger, admits liability for any of the offences under subsection (4) or subsection (5) may make a payment of such sum as may be prescribed in respect of the offence for which he has admitted liability in place of being prosecuted for the commission of such offence. The payment made shall be credited to the Wildlife Preservation Fund.

[S 5(6) ins by s 7 of Act 22 of 2009.]

5A. Restriction of entry into Nature Reserves.

(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.

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

[S 5A subs by s 7 of Act 49 of 1993.]

5B. Causing nuisance or disturbance within a National Reserve.

Where it appears to the prescribed officer that the person who has been granted permission to enter or remain in a National Park, Nature Reserve or Marine National Park or any Sanctuary which is on State land is a potential threat or a nuisance or is found to be causing a nuisance or disturbance therein, such person may be refused entry or ordered to leave or be removed from such National Park, Nature Reserve, Marine National Park, or Sanctuary forthwith.

[S 5B ins by s 8 of Act 22 of 2009.]

6. Acts prohibited in Strict Natural Reserves, National Parks, Nature Reserves and Jungle Corridors.

(1) No person shall, in a National Reserve—

[S 6(1) am by s 9(1) of Act 22 of 2009.]

(a) hunt, shoot, kill, wound or take any wild animal or have in his possession or under his control any wild animal, whether dead or alive, or any part of such animal; or

[S 6(1)(a) am by s 5(1) of Act 1 of 1970.]

(b) take or destroy any egg of any bird or reptile, or any nest of any bird; or

(c) fire any gun or do any other act which disturbs or is likely to disturb any wild animal or do any act which interferes or is likely to interfere with the breeding place of any such animal; or

(d) fell, girdle, lop, tap, burn or in any way damage or destroy any plant, or take, collect, or remove any plant therefrom; or

(e) clear or break up any land for cultivation, mining or for any other purpose; or

(f) kindle or carry any fire; or

(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

[S 6(1)(g) subs by s 8(1)(ii) of Act 49 of 1993.]

(h) make any fresh clearing; or

[S 6(1)(h) ins by s 5(3) of Act 1 of 1970.]

(i) except under the authority of a permit issued in that behalf by the prescribed officer, erect any building, whether permanent or temporary, or occupy any building so erected; or

[S 6(1)(i) ins by s 5(3) of Act 1 of 1970.]

(j) construct or use any road or path so constructed by him; or

[S 6(1)(j) ins by s 5(3) of Act 1 of 1970; am by s 8(1)(iii) of Act 49 of 1993.]

(k) construct or manage any tourist hotel or provide any services or facilities similar to the services or facilities provided by a tourist hotel; or.

[S 6(1)(k) ins by s 8(iv) of Act 49 of 1993; am by s 9(2) of Act 22 of 2009.]

(l) construct or use any canal except under the authority of a permit issued for the purpose by a prescribed officer; or

[S 6(1)(l) ins by s 9(3) of Act 22 of 2009.]

(m) introduce any poison, waste material, garbage or any other material which is likely to pollute the water on any land, or in stream, river or water course flowing through any National Reserve; or

[S 6(1)(m) ins by s 9(3) of Act 22 of 2009.]

(n) carry on any activity which may pollute waters or cause an adverse impact on the existence of the fauna and flora therein or the ecosystem thereof; or

[S 6(1)(n) ins by s 9(3) of Act 22 of 2009.]

(o) dive or use a boat except under the authority of a permit issued by the prescribed officer on payment of the prescribed fee.

[S 6(1)(o) ins by s 9(3) of Act 22 of 2009.]

(2) —

(a) Unless authorised by the Director-General or a prescribed officer, no person shall introduce any animal or plant into any National Reserve or Sanctuary which is on State Land or tether, liberate or release any animal therein;

(b) Any Wildlife Officer authorised in that behalf may dispose of such animal or plant in a suitable manner as he deems fit.

[S 6(2) subs by s 9(4) of Act 22 of 2009.]

(3) No person shall lead or allow any domestic animal to stray in any National Reserve.

[S 6(3) subs by s 9(5) of Act 22 of 2009.]

(4) Any person who acts in contravention of the provisions of subsection (1) of this section 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 one hundred 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, and for any subsequent conviction for the same offence shall be liable to a fine not less than forty thousand rupees and not more than two hundred thousand rupees or to an imprisonment of either description for a term not less than five years and not more than ten years, or to both such fine and imprisonment.

[S 6(4) subs by s 9(6) of Act 22 of 2009.]

6A. Acts prohibited in National Reserves and Sanctuaries.

(1) —

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

[S 6A(1) re-numbered as s 6A(1)(a); am by s 10(1) of Act 22 of 2009.]

(b) in the case of a permit issued in respect of fishing, the prescribed officer may, taking into consideration any adverse impact on the fauna and flora and their habitats caused by such fishing, limit the number of permits so issued.

[S 6A(1)(b) ins by s 10(1)(c) of Act 22 of 2009.]

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

[S 6A(2) am by s 6(a) of Act 1 of 1970; re-numbered as S 6A(2); am by s 10(2) of Act 22 of 2009.]

(b) The Director-General may issue a permit to remove any object of archaeological, pre-historical, historical or other scientific interest only upon the production of a Certificate from the Competent Authority certifying that such object is of archaeological, per-historical, historical or other scientific interest and may be removed by the person named in the Certificate.

[S 6A(2)(b) ins by s 10(2)(c) of Act 22 of 2009.]

(c) For the purpose of this section the Competent Authority shall be—

(i) the Director-General of the Department of Archaeology; or

(ii) the Director of National Museums.

[S 6A(2)(c) ins by s 10(2)(c) of Act 22 of 2009.]

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

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

[S 6A ins by s 6 of Act 44 of 1964; S 6A(4) ins by s 6(b) of Act 1 of 1970.]

7. Acts regulated in Sanctuaries.

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

(a) .

[S 7(1)(a) omitted by s 9(1)(i) of Act 49 of 1993.]

(b) in any in any Sanctuary—

(i) fire any gun, or do any other act which disturbs or is likely to disturb any wild animal or do any act which interferes or is likely to interfere with the breeding place of any such animal; or

[S 7(1)(b)(i) am by s 9(1)(ii) of Act 49 of 1993.]

(ii) hunt, shoot, kill, or take any wild animal, or have in his possession or under his control any wild animal, whether dead or alive, or any part of any such animal; or

[S 7(1)(b)(ii) am by s 7(b)(i) of Act 1 of 1970.]

(iii) take or destroy any egg of any bird or reptile or any nest of any bird; or

(iv) construct or use any hide or ambush on the ground or on any tree for hunting, shooting, injuring or wounding any wild animal, bird or reptile; or

[S 7(1)(b)(iv) ins by s 7(b)(ii) of Act 1 of 1970.]

(v) set, lay or spread any pitfall, trap, snare or other instrument for the purpose of killing or capturing any wild animal, bird or reptile; or

[S 7(1)(b)(v) ins by s 7(b)(ii) of Act 1 of 1970.]

(c) in any on any State land within any Sanctuary—

[S 7(1)(c) am by s 9(1)(iii) of Act 49 of 1993.]

(i) fell, girdle, lop, tap, burn or in any way damage or destroy any plant, or take, collect, or remove any plant therefrom; or

(ii) clear or break up any land for cultivation, mining or for any other purpose; or

(iii) kindle or carry any fire; or

(iv) possess or use any trap or any explosive or poisonous substance capable of being used for the purpose of injuring or destroying any animal or plant; or

[S 7(1)(c)(iv) am by s 7(c)(ii) of Act 1 of 1970.]

(v) make any fresh clearing; or

[S 7(1)(c)(v) ins by s 7(c)(iii) of Act 1 of 1970.]

(vi) erect or cause to so be erected any building whether permanent or temporary or occupy any building so erected unless such person is the holder of a permit issued in that behalf by the prescribed officers; or

[S 7(1)(c)(vi) subs by s 11(1) of Act 22 of 2009.]

(vii) construct or cause to be constructed or use any road or path so constructed by him; or

[S 7(1)(c)(vii) subs by s 11(1) of Act 22 of 2009.]

(viii) dispose or cause the dispose of any garbage therein; or

[S 7(1)(c)(viii) ins by s 11(1) of Act 22 of 2009.]

(ix) engage in the filling of or cause the filling of any land; or

[S 7(1)(c)(ix) ins by s 11(1) of Act 22 of 2009.]

(x) discharge or cause the discharge of waste. and

[S 7(1)(c)(x) ins by s 11(1) of Act 22 of 2009.]

(2) The Minister may for the purpose of this section, make regulations restricting the carrying out of any specified activity or activities in any Sanctuary or in any prescribed Sanctuary where he deems such restriction is necessary or essential taking into consideration the prevailing circumstances.

[S 7(2) ins by s 11(2) of Act 22 of 2009.]

8. Acts prohibited in vicinity of National Reserve.

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.

[S 8 subs by s 10 of Act 49 of 1993.]

8A. .

[S 8A rep by s 12 of Act 22 of 2009.]

9. Special regulations for Part I.

Regulations may be made—

(a) .

[S 9(a) omitted by s 12(1) of Act 49 of 1993.]

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

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

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

[S 9(d) am by s 12(2) of Act 49 of 1993; s 13(1) of Act 22 of 2009.]

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

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

(g) declaring that all or any of the provisions of this Part shall apply to any specified plant species in any specified area.

[S 9(g) ins by s 13(2) of Act 22 of 2009.]

9A. Restriction on development activity within one mile of a National Reserve.

(1) Subject to the provisions of section 3A, 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-General.

(2) Upon receipt of an application for a permit to carry out a development activity or trade or business within the area specified in subsection (1), the Director-General may require the applicant to furnish an Initial Environmental Examination Report or an Environmental Impact Assessment Report, as the case may be, relating to such development activity or trade or business. It shall be the duty of the applicant to comply with such requirement. Every Initial Environmental Examination Report or an Environmental Impact Assessment Report shall contain such particulars as may be prescribed.

(3) The Director-General shall, on receipt of an Environmental Impact Assessment Report or an Initial Environmental Examination Report, as the case may be, furnished to him by an applicant in compliance with any requirement imposed on such applicant under subsection (2)—

(a) submit a copy of such assessment or examination, as the case may be, to the Committee appointed by the Director-General in that behalf, for its comments, if any; and

(b) by notice published in the Gazette, notify the place and time at which such assessment or examination, as the case may be, will be available for inspection by the public and invite the public to make comments, if any, thereon.

(4) The Committee shall within sixty days of an Environmental Impact Assessment or an Initial Environmental Examination, as the case may be, being submitted to it under subsection (3), make its comments, if any, thereon, to the Director-General.

(5) Any member of the public may within thirty days from the date on which a notice under subsection (3) relating to such assessment or examination, as the case may be, is published in the Gazette make his comments, if any, thereon, to the Director-General.

(6) In deciding whether to issue a permit under subsection (2) authorising a person to carry out a development activity or trade or business within the area specified in subsection (1), the Director-General shall have regard to any comments made under subsections (4) and (5) on the environment impact assessment or examination, as the case may be, if any, relating to such activity, trade or business.

(7) the Director-General shall, within sixty days of the receipt by him of any comments made under subsections (4) and (5), make the decision referred to in subsection (6).

[S 9A subs by s 14 of Act 22 of 2009.]

10. Offences and penalties under Part I.

Any person who acts in contravention of—

(a) any provision of this Part of this Ordinance other than the provisions of section 6;

[S 10(a) subs by s 14(1) of Act 49 of 1993.]

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

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

[S 10(c) am by s 14(2) of Act 49 of 1993; s 15(1) of Act 22 of 2009.]

(d) any provision of this Part of this Ordinance which has by regulation been extended, with or without modification, to any specified insect,

shall be guilty of an offence and shall on conviction be liable to a fine not less than fifteen 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 more than five years or to both such fine and imprisonment.

[S 10(d) am by s 14(3) of Act 49 of 1993; First Sch of
Act 12 of 2005; s 15(2) of Act 22 of 2009.]

11. Interpretation of Part I.

In this Part of this Ordinance, unless the context otherwise requires—

"animal” means any vertebrate or invertebrate animal;

"domestic animal” means—

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

(b) any domestic fowl reared by man as poultry; and

(c) when domesticated by man, any pig;

"plant” means a member of the plant kingdom;

"wild animal” means any animal which is not a domestic animal.

[Subs by s 15 of Act 49 of 1993.]

"animal” means any vertebrate or invertebrate animal and includes a bird, fish, or reptile;

[Am by s 8 of Act 1 of 1970.]

"domestic animal” means—

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

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

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

"plant” means any member of the vegetable kingdom and includes the seed or any other part of any plant; "wild animal” means any animal which is not a domestic animal.

PART II

Elephants and Buffalo

[Subs by s 16 of Act 49 of 1993; Am by s 16 of Act 22
of 2009.]

12. Protection of elephants in areas outside National Reserves and Sanctuaries.

Save as is hereinafter provided, no person shall in any area outside a National Reserve or Sanctuary hunt, shoot, kill, injure or take any elephant.

[S 12 subs by s 17 Act 22 of 2009.]

13. Declaration of areas in which damage by elephant or buffalo is apprehended.

(1) —

(a) Whenever it appears to the Director that in any area outside a National Reserve damage to any person or to any house, crop, plantation or other property is likely to be caused by any elephant or buffalo, he may by notices affixed in conspicuous places within that area declare that area to be one within which damage by elephant or buffalo is apprehended and he may take such steps as may be necessary or expedient to have the elephant or buffalo driven off or captured and may issue licences subject to such conditions as he may deem necessary on payment of the prescribed fee, or of such fee not exceeding the prescribed fee, if any, as he may consider adequate, authorising the licensee to capture such elephant or buffalo within that area while the declaration is in force.

[S 13(1)(a) am by s 18 of Act 49 of 1993.]

(b) Whenever it appears to the Director that there is serious danger to life or property in the area referred to in subsection (1)(a), he may issue licences subject to such conditions as he may deem necessary or expedient either free or on payment of the prescribed fee or of such fee not exceeding the prescribed fee, if any, as he may consider adequate, authorising the licensee to shoot, kill or take the elephant or buffalo, as the case may be, within that area while the declaration is in force.

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

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

[S 13 am by s 9 of Act 9 of 1964.]

14. .

[S 14 rep by s 18 of Act 22 of 2009.]

15. .

[S 15 rep by s 19 of Act 49 of 1993.]

16. Killing or taking of elephants and buffaloes to be reported forthwith.

Any person who in the exercise of any right conferred by or under section 13 or section 14, kills or takes any elephant or buffalo, 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.

[S 16 subs by s 20 of Act 49 of 1993.]

17. Property in elephants killed or taken under Part II.

(1) Any elephant killed or taken by any person in the exercise of any right conferred by or under section 13 shall be the property of that person unless otherwise provided for in the licence.

(2) Where the elephant killed or taken under section 13 is not the property of any person, the Director-General shall dispose of such elephant in such manner as is appropriate in the circumstances.

[S 17 subs by s 19 of Act 22 of 2009.]

18. Director authorised to dispose of tusks and car cases of dead elephants.

Subject to such restrictions or conditions as may be prescribed, the Director may, by sale or otherwise, dispose of the tusks or the car case, or any part of the car case, of any dead elephant which is the property of the State.

[S 18 subs by s 10 of Act 1 of 1970.]

19. Royalties payable on elephants.

(1) .

[S 19(1) rep by s 20 of Act 22 of 2009.]

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

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

19A. Prohibition of export of any part of an elephants.

(1) Notwithstanding the provisions of section 40, no person shall export from Sri Lanka—

(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

(b) any other part of an elephant, or any article made our of or containing any part of an elephant.

(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 fifty thousand rupees and not exceeding 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.

[S 19A(2) am by First Sch of Act 12 of 2005.]

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

[S 19A ins by s 22 of Act 49 of 1993.]

20. Offences-Elephants.

(1) Any person who—

(a) in contravention of this Part of this Ordinance or contrary to the tenor of any licence issued to him thereunder, hunts, shoots, kills, injures, takes, follows, or pursues any elephant or uses any electric wire to kill, injure or take any elephant or uses any device of any description to harm any elephant;

[S 20(a) am by s 11 of Act 1 of 1970; re-numbered as
s 20(1); am by s 21 of Act 22 of 2009.]

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

shall on conviction be liable to a fine not less than one hundred and fifty thousand rupees and not more than five hundred thousand rupees. and not exceeding five 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, 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.

[S 20(b) am by s 23 of Act 49 of 1993; First Sch of Act 12 of 2005; s 21(2)(b) of Act 22 of 2009.]

(2) any offence committed under the Act involving an elephant shall be a non-bailable offence and the provisions of the Bail Act, No. 30 of 1997 and the Code of Criminal Procedure Act, No. 15 of 1979 shall apply in respect of such offence.

[S 20(2) ins by s 21(3) of Act 22 of 2009.]

21. Offences-Dead elephants.

(1) Subject to the provisions of subsection (2), any person who takes, dismembers, removes, sells or purchases the car case, or any part of the car case, of any dead elephant which is the property of the State shall be guilty of an offence and shall on conviction be liable to a fine not less than one hundred and fifty thousand rupees and not exceeding 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.

[S 21(1) subs by s 12 Act 1 of 1970; am by First Sch of
Act 12 of 2005.]

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

[S 21(2) subs by s 12 Act 1 of 1970.]

22. .

[S 22 rep by s 22 of Act 22 of 2009.]

22A. Registration and licensing of elephants.

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

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

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

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

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

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

(7) Any person who owns, has in his custody or makes use of an elephant which is not registered, and in respect of which a licence has not 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 and fifty thousand rupees and not exceeding 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.

[S 22A(7) subs by s 26(1) of Act 49 of 1993;
am by First Sch of Act 12 of 2005.]

(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.

[S 22A(8) ins by s 26(3) of Act 49 of 1993.]

(9) In the event of a pregnancy of a registered she elephant, the owner or the person having the custody of such she elephant shall inform the Director-General of such pregnancy together with details of the sire.

[S 22A(9) ins by s 23(2) of Act 22 of 2009.]

(10) It shall be the duty of the owner or the person having custody of a registered she elephant to inform the Director-General or any authorised officer of the fact of any birth, miscarriage or still birth of elephants within seven days of the date of the occurrence of any of the said events.

[S 22A(10) ins by s 23(2) of Act 22 of 2009.]

(11) Where any registered elephant dies, the owner or the person having custody of such elephant shall report such death to the Director-General, before the remains are destroyed.

[S 22A(11) ins by s 23(2) of Act 22 of 2009.]

(12) Any elephant which has not been registered under this section shall be presumed to be taken or removed from the wild without lawful authority or approval and such elephants shall be deemed to be public property. The provisions of the Offences Against Public Property Act, No. 12 of 1982 shall accordingly apply in respect of such elephants

[S 22A(12) ins by s 23(2) of Act 22 of 2009.]

(13) Regulations may be made—

(a) specifying the officers to whom applications for registration of, and licences in respect of, elephants shall be made, and who shall have power to register and issue licences in respect of elephants;

(b) specifying the particulars to be set out in any such application, in the document certifying such registration and in such licence, including reference to identification marks and other details of the elephant to which the application, document certifying registration or licence relates;

(c) specifying the conditions subject to which such registration shall be made and licence issued and the fees payable for such registration and licence;

(d) specifying the form in which prescribed officers shall maintain registers under this section; and

(e) specifying the manner in which any such registration or licence shall be cancelled and a fresh registration made and a fresh licence issued.

[S 22A ins by s 16 of Act 44 of 1964; S 22A(9)
re-numbered as S 22A(13) by s 23(1) of Act 22 of 2009.]

23. Penalty for unlawful possession of elephant.

(1) 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 and fifty thousand rupees and not exceeding two hundred and fifty 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; and the court may on the conviction of any such person make order for the disposal of the elephant in respect of which the offence was committed, having regard to the rights of any other person who may appear to the court to be lawfully entitled to the possession of such elephant.

[S 23(1) am by s 27 of Act 49 of 1993; First Sch of Act 12 of 2005.]

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

(a) he is the captor of that elephant under the authority of a licence issued under this Ordinance or under any written law repealed by Ordinance No. 2 of 1937; or

(b) he is the successor in title to such captor; or

(c) he is in possession on behalf of such captor or his successor in title.

[S 23(2)(c) am by s 24(1) of Act 22 of 2009.]

(d) he has registered and licensed the elephant in terms of section 22A of the Ordinance.

[S 23 am by s 17 of Act 44 of 1964; S 23(2)(d) ins by
s 24(2) of Act 22 of 2009.]

24. Tusks and tushes to be registered.

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

[S 24(1) am by s 25(1) of Act 22 of 2009.]

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

(3) Any person who has in his possession a "tusk or tush or any part of 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 not exceeding one 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.

[S 24(3) subs by s 28 of Act 49 of 1993; am by First Sch of Act 12 of 2005; s 25(2) of Act 22 of 2009.]

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

(4A)

(a) A tusk or tush or any part of a tusk or tush which is not registered under the Act, shall be presumed to have been taken from the wild without lawful authority. Such tusk or tush or part of a tusk or tush shall be presumed to be public property. The provisions of the Offences Against Public Property Act, No. 12 of 1982 shall accordingly apply in respect of such tusk or tush or part of such tusk or tush, as the case may be.

(b) Where a tusk or tush or part of a tusk or tush is deemed to be public property, it shall be handed over to the custody of the Director-General of Wildlife Conservation.

(c) The Minister may by Order published in the Gazette, specify the date from which the provisions of this subsection shall come into operation.

[S 24(4A) ins by s 25(3) of Act 22 of 2009.]

(5) Regulations may be made—

(a) specifying the officer who shall have power to register tusks and tushes, and

(b) specifying the form in which prescribed officers shall maintain registers under this section.

[S 24 am by s 18 of Act 44 of 1964.]

24A. Tusks and tushes to be licenced.

(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.

(2) The licence shall be obtained on application made to the prescribed officer, in the prescribed form, on payment of the prescribed fee.

(3) Every prescribed officer shall maintain a register in respect of the licensing of tusks and tushes.

(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 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.

[S 24A ins by s 29 of Act 49 of 1993; am by First Sch of Act 12 of 2005.]

24B. Inspection of places where tusks and tushes are kept.

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.

[S 24B ins by s 29 of Act 49 of 1993.]

25. Power of Director to seize elephant, tusk or tush on suspicion.

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

[S 25(1) am by s 20 of Act 44 of 1964.]

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

[S 25(2) am by s 20 of Act 44 of 1964.]

26 .

[S 26 rep by s 30 of Act 49 of 1993.]

27. Special regulations for Part II.

Regulations may be made prescribing the circumstances in which and the conditions subject to which the Director may waive or reduce the fee prescribed for the issue of any licence under this Part of this Ordinance.

28. Interpretation Part II.

In this Part of this Ordinance, unless otherwise expressly provided or unless the of context otherwise requires—

.

["buffalo” omitted by s 26(1) of Act 22 of 2009.]

"elephant” means a wild elephant and includes a tusker and for the purposes of section 22A, includes a tame or domestic elephant or tusker;”

[Subs by s 26(2) of Act 22 of 2009.]

"tusk” means the tusk of a tusker;”

[Subs by s 26(3) of Act 22 of 2009.]

"tush " means the tush of a tusker;

"tusker” means a wild elephant with a pair of incisors (teeth) or a single incisor.

[Subs by s 14(3) of Act 1 of 1970.]

.

["deer” and "fowl” omitted by s 31 of Act 49 of 1993.]

29. Elephant orphanages.

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.

[S 29 subs by s 32 of Act 49 of 1993.]

PART III

Vertebrates and Invertebrates

[Subs by s 34 of Act 49 of 1993.]

30. Offences relating to mammals and reptiles not included in Schedule I.

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

[S 30 subs by s 34 of Act 49 of 1993; re-numbered as
s 30(1) by s 27 of Act 22 of 2009.]

(a) kills, wounds, injures or take any mammal or reptile not included in Schedule I; or

(b) takes or destroys the eggs or nest of any such reptile; or

(c) uses any boat or any time, 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

(d) has in his possession or under his control any such mammal or reptile killed, dead or taken or any article made out of any part of such mammal or reptile killed, dead or taken or the meat or flesh of any such mammal or reptile killed, dead or taken or the meat or flesh of any such mammal or reptile killed, dead or taken or the eggs of any such reptile; or

[S 30(1)(d) subs by s 27(2) of Act 22 of 2009.]

(e) has in his possession or under his control, the hide or skin of any such mammal or reptile killed, dead or taken, or the horns or antlers of such mammal; or

[S 30(1)(e) am by s 27(3) of Act 22 of 2009.]

(f) exposes for sale, any such mammal or reptile or any part of such mammal or reptile, or the eggs of any such reptile; or

[S 30(1)(f) subs by s 27(4) of Act 22 of 2009.]

(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;

(h) transports any protected mammal or reptile not included in Schedule I or any part of such mammal or reptile including the nest or eggs of any such reptile.

[S 30(1)(h) ins by s 27(5) of Act 22 of 2009.]

shall be guilty of an offence and shall on conviction be liable to a fine "not less than twenty thousand rupees and not exceeding 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.

[S 30 am by First Sch of Act 12 of 2005; am by s 27(6) of Act 22 of 2009.]

The provisions of this section shall not apply to any domestic animal as defined in section 11.

(2) Any person who commits any act prohibited under this section, against any mammal or reptile specified in Schedule II of this Ordinance, 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 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.

[S 30(2) ins by s 27(7) of Act 22 of 2009.]

(3) The Minister may by regulation add to, rescind, vary, or amend the matters specified in Schedule II.

[S 30(3) ins by s 27(7) of Act 22 of 2009.]

31. Offence relating to birds.

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

(a) kills, wounds, injures or take any bird; or

[S 31(a) am by s 23 of Act 44 of 1964.]

.

[‘‘knowingly” omitted by s 15(1) of Act 1 of 1970.]

(b) takes or destroys the eggs or nest of any bird; or

(c) uses any boat, or any time, 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

(d) has in his possession or under his control , any bird killed, dead or taken skin of any bird killed, dead or taken, or the feather or any other par of any bird killed, dead or taken, or the eggs of any bird; or

[S 31(1)(d) am by s 28(2) of Act 22 of 2009.]

(e) exposes or offers for sale, of any bird or the eggs of any bird or any part of any bird or the eggs of any bird,

[S 31(1)(e) am by s 28(3) of Act 22 of 2009.]

(f) transports any bird, any part of a bird or eggs of any bird,

[S 31(1)(f) ins by s 28(4) of Act 22 of 2009.]

shall be guilty of an offence and shall on conviction be liable to a fine not less than ten thousand rupees and not exceeding 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.

[S 31 am by s 28(5) of Act 22 of 2009.]

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.

The provisions of this section shell not apply to any domestic animal as defined in section 11.

[S 31 subs by s 34 of Act 49 of 1993; re-numbered as
s 31(1) by s 28(1) of Act 22 of 2009.]

(2) Any person who commits an act prohibited under this section against any bird specified in Schedule IV of this Ordinance, 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 forty 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.

[S 31(2) ins by s 28(6) Act 22 of 2009.]

(3) The Minister may by regulation add to, rescind, vary, or amend the matters specified in Schedule IV.

[S 31(3) ins by s 28(6) Act 22 of 2009.]

31A. Offences relating to amphibians and fishes included in Schedules III and IV.

Any person who in any area outside a National Reserve or a Sanctuary—

(a) knowingly kills, wounds, injures, takes or collects any amphibian or fish not included in Schedule V but included in Schedule VI; or respectively; or

[S 31A(a) am by s 29(1) of Act 22 of 2009.]

(b) takes or destroys the eggs, spawn, or nest of any such amphibian or fish; or

(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

(d) has in his possession, under his control, any such amphibian or fish killed, dead or taken or any part of any such amphibian or fish; or

[S 31A(d) am by s 29(2) of Act 22 of 2009.]

(e) exposes of offers for sale or transports, any part or any part of the life cycle of any such amphibian or any part or eggs fish or part of any such amphibian or fish; or

[S 31A(e) am by s 29(3) of Act 22 of 2009.]

(f) purchases such amphibian or fish for the purposes of drying, curing or any other purpose; or

[S 31A(f) am by s 29(4) of Act 22 of 2009.]

(g) transports any such amphibian or fish or any part of such amphibian or fish or the eggs of any amphibian or fish

[S 31A(g) ins by s 29(5) of Act 22 of 2009.]

shall be guilty of an offence and shall on conviction be liable to a fine not less than fifteen thousand rupees and not exceeding twenty five 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.

[S 31A ins by s 35 of Act 49 of 1993.]

31B. Offences relating to invertebrates included in Schedule IV A.

Any person who in any area outside a National Reserve or Sanctuary—

(a) knowingly kills, wounds, injures, takes or collects any invertebrate included for the time being in Schedule IVA; or

(b) takes or destroys the eggs, spawn, larva or nest of such invertebrate; or

(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

(d) has in his possession or under his control, any such invertebrate killed, dead or taken or any part or the eggs, spawn or larva of such invertebrate;

[S 31B(d) subs by s 30(1) of Act 22 of 2009.]

(e) exposes or offers for sale, or transports any such invertebrate or part of suck invertebrate; or

(f) purchases such invertebrate for the purpose of drying, curing or for "any other purpose; or

[S 31B(f) am by s 30(2) of Act 22 of 2009.]

(g) transport any such invertebrate or any part of such invertebrate or the eggs, spawn, larva, or nest of any such invertebrate

[S 31B(g) ins by s 30(3) of Act 22 of 2009.]

shall be guilty of an offence and shall on conviction be liable to a fine not less than twenty five thousand rupees and not exceeding one hundred thousand rupees or 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.

[S 31B ins by s 35 of Act 49 of 1993; am by s 30(4) of
Act 22 of 2009.]

32. .

[S 32 rep by s 36 of Act 49 of 1993.]

33. .

[S 33 rep by s 16 of Act 1 of 1970.]

34. Alteration of Schedules I, II, Ill and IV.

The Minister may by regulation add to, rescind, vary, or amend any of the provisions of Schedule I, III, V, VI and VII.

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.


Recent Updates

PROVINCIAL COUNCILS ELECTIONS (AMENDMENT) ACT, No. 17 OF 2017


FISHERIES AND AQUATIC RESOURCES(AMENDMENT) ACT, No. 11 OF 2017


NATION BUILDING TAX (AMENDMENT)ACT, No. 13 OF 2017


SUGATHADASA NATIONAL SPORTS COMPLEX AUTHORITY (AMENDMENT) ACT, No. 14 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


PROVINCIAL COUNCILS ELECTIONS (AMENDMENT) ACT, No. 17 OF 2017


FISHERIES AND AQUATIC RESOURCES(AMENDMENT) ACT, No. 11 OF 2017


NATION BUILDING TAX (AMENDMENT)ACT, No. 13 OF 2017


SUGATHADASA NATIONAL SPORTS COMPLEX AUTHORITY (AMENDMENT) ACT, No. 14 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


PROVINCIAL COUNCILS ELECTIONS (AMENDMENT) ACT, No. 17 OF 2017


FISHERIES AND AQUATIC RESOURCES(AMENDMENT) ACT, No. 11 OF 2017


NATION BUILDING TAX (AMENDMENT)ACT, No. 13 OF 2017


SUGATHADASA NATIONAL SPORTS COMPLEX AUTHORITY (AMENDMENT) ACT, No. 14 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


PROVINCIAL COUNCILS ELECTIONS (AMENDMENT) ACT, No. 17 OF 2017


FISHERIES AND AQUATIC RESOURCES(AMENDMENT) ACT, No. 11 OF 2017


NATION BUILDING TAX (AMENDMENT)ACT, No. 13 OF 2017


SUGATHADASA NATIONAL SPORTS COMPLEX AUTHORITY (AMENDMENT) ACT, No. 14 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


PROVINCIAL COUNCILS ELECTIONS (AMENDMENT) ACT, No. 17 OF 2017


FISHERIES AND AQUATIC RESOURCES(AMENDMENT) ACT, No. 11 OF 2017


NATION BUILDING TAX (AMENDMENT)ACT, No. 13 OF 2017


SUGATHADASA NATIONAL SPORTS COMPLEX AUTHORITY (AMENDMENT) ACT, No. 14 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


PROVINCIAL COUNCILS ELECTIONS (AMENDMENT) ACT, No. 17 OF 2017


FISHERIES AND AQUATIC RESOURCES(AMENDMENT) ACT, No. 11 OF 2017


NATION BUILDING TAX (AMENDMENT)ACT, No. 13 OF 2017


SUGATHADASA NATIONAL SPORTS COMPLEX AUTHORITY (AMENDMENT) ACT, No. 14 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


PROVINCIAL COUNCILS ELECTIONS (AMENDMENT) ACT, No. 17 OF 2017


FISHERIES AND AQUATIC RESOURCES(AMENDMENT) ACT, No. 11 OF 2017


NATION BUILDING TAX (AMENDMENT)ACT, No. 13 OF 2017


SUGATHADASA NATIONAL SPORTS COMPLEX AUTHORITY (AMENDMENT) ACT, No. 14 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


PROVINCIAL COUNCILS ELECTIONS (AMENDMENT) ACT, No. 17 OF 2017


FISHERIES AND AQUATIC RESOURCES(AMENDMENT) ACT, No. 11 OF 2017


NATION BUILDING TAX (AMENDMENT)ACT, No. 13 OF 2017


SUGATHADASA NATIONAL SPORTS COMPLEX AUTHORITY (AMENDMENT) ACT, No. 14 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015