SRI LANKA LAND RECLAMATION AND DEVELOPMENT CORPORATION ACT

Arrangement of Sections

1. Short title.

PART I

POWER OF MINISTER TO DECLARE RECLAMATION AND DEVELOPMENT AREAS

2. Declaration of Reclamation and Development Areas by Order of the Minister and effect of such declaration.

2A. Prohibition against filling or developing a Reclamation and Development Area.

2B. Declaration of an area as low lying marshy, waste or swampy.

VESTING AND ACQUISITION OF LAND

3. Vesting in the Corporations of lands which are situated within the jurisdiction of local authorities and which comprise Reclamation and Development Areas.

3A. Vesting of State Land in the Corporation.

4. Compulsory acquisition of any kind which comprises a Reclamation and Development Area and which is not vested in the local authority within the jurisdiction of which that land is situated.

PART IA

SALE OF LAND BY THE CORPORATION

4A. Declaration of canal reservations.

4B. Right to sell land vested in or acquired by the Corporation.

4C. The Corporation shall pay to the local authority or the Land Commissioner the reclaimed value of land vested.

PART II

ESTABLISHMENT OF THE COLOMBO DISTRICT (LOW-LYING AREAS)

RECLAMATION AND DEVELOPMENT CORPORATION

5. Establishment of the Sri Lanka Land Reclamation and Development Corporation.

6. Members of the Corporation.

7. Chairman of the Corporation.

8. Objects of the Corporation.

9. General powers of the Corporation.

9A. Corporation to carry out any activity entrusted to it by the Cabinet or Ministers.

10. Borrowing powers of the Corporation.

11. Capital of the Corporation.

12. Seal of the Corporation.

13. Procedure at meetings of the Corporation.

PART III

STAFF OF THE CORPORATION

14. Appointment of officers and servants.

PART IV

FINANCE AND ACCOUNTS

15. Fund of the Corporation.

16. Accounts of the Corporation.

17. Audit.

18. Documents to be transmitted to the Minister and to be placed before Parliament.

PART V

MISCELLANEOUS

19. Compulsory acquisition of any land other than land referred to in section 4 or any interest in such land for any purpose of the Corporation.

20. Special grant or lease of State property to the Corporation.

20A. Procedure for application for restraining Order.

20B. Certificate of chief executive officer to be prima facie evidence of the facts therein.

20C. Pollution of canals an offence.

21. Minister's directions to the Corporation.

22. Power to enter land or premises.

22A. Penalty for offence for which no penalty is prescribed.

23. Power of Minister to modify certain written laws.

24. Effect of other laws.

25. Amendment of schedules.

26. Revocation by Parliament of Orders under section 23 and section 25.

26A. Officers and servants of the Corporation deemed to be public servants within the meaning of the Penal Code.

26B. Corporation deemed to be a scheduled institution within the meaning of the Bribery Act.

27. Regulations.

28. Interpretation.

SCHEDULES

27 of 1978,

15 of 1968,

52 of 1982,

35 of 2006,

49 of 2011.

AN ACT to provide for the establishment of a Corporation, to be known as the Sri Lanka Land Reclamation and Development Corporation for the development and reclamation in accordance with the National policy relating to land Reclamation and Development of such areas as may be declared by order of the Minister; for such Corporation to undertake construction work and consultancy assignments in the field of engineering; and for matters connected therewith or incidental thereto.

[Subs by s 2 of Act 35 of 2006.]

[Date of Commencement: 22nd September, 1968]

1. Short title.

This Act may be cited as the Sri Lanka Land Reclamation and Development Corporation Act.

[S 1 am by s 3 of Act 52 of 1982.]

PART I

POWER OF MINISTER TO DECLARE RECLAMATION AND DEVELOPMENT AREAS

2. Declaration of Reclamation and Development Areas by Order of the Minister and effect of such declaration.

(1) Where the Minister is satisfied that any area of land is a low-lying, marshy, waste or swampy area and where such land is situated within the Jurisdiction of any local authority, he shall in consultation with the Minister in charge of the subject of Local Government and the local authority or authorities within which such land is situated, or where such land is in an area for which a local authority has not been created but is in an area for which any other authority has been created and established by or under any law, then with the concurrence of the Minister in charge of such authority, by Order published in the Gazette, declare such area to be a Reclamation and Development Area for the purposes of this Act.

[S 2(1) subs by s 4 of Act 52 of 1982.]

(2) An Order declaring a Reclamation and Development Area under subsection (1) shall define the area by setting out the metes and bounds of the land or lands comprised in the Area.

(3) Upon the publication of an Order declaring a Reclamation and Development Area under subsection (1) it shall be the duty of the Corporation hereinafter established by this Act to reclaim and develop that Area.

[S 2(3) am by s 4 of Act 52 of 1982.]

(4) Parliament may by resolution revoke any Order made by the Minister under this section within fifty days of the publication of such Order in the Gazette, and in the computation of such period of fifty days no account shall be taken of any period during which Parliament is prorogued. Such revocation shall be without prejudice to anything previously done thereunder.

(5) Nothing contained in this Act shall be deemed to confer on the Minister the power to declare any area within the Coastal Zone as a "Reclamation and Development Area” without the concurrence of the Minister to whom the subject of Coast Conservation and Coastal Resource Management is assigned.

In this subsection "Coastal Zone” shall have the same meaning as is assigned to it in the Coast Conservation and Coastal Resource Management Act, No. 57 of 1981.

[S 2(5) ins by sch of Act 49 of 2011.]

2A. Prohibition against filling or developing a Reclamation and Development Area.

(1) No person shall without the written approval of the Corporation, fill or develop in any manner whatsoever, any extent of land situated within any area of land declared to be a Reclamation and Development Area under section 2.

(2) The Corporation may, on a written application made by any person seeking approval for filling or developing any extent of land within any area declared to be a Reclamation and Development Area, grant approval for the same, subject to such terms and conditions as it may consider necessary.

(3) Every person who acts in contravention of the provisions of subsection (1) or fails to comply with the terms and conditions subject to which an approval has been granted under subsection (2), shall be guilty of an offence under this Act.

(4) Where the chief executive officer of the Corporation is informed that any person is contravening the provisions of subsection (1) he shall take all appropriate measures to prevent such person from carrying on the unlawful activity, and may where necessary, obtain the assistance of the officer-in-charge of the Police Station within whose area of authority the extent of land or any part thereof in which the alleged unlawful activity is being carried on, is situated. It shall be the duty of such Police Officer to provide all necessary assistance to the chief executive officer or any officer or servant authorised in that behalf by the chief executive officer, to prevent such person, his agents or servants from carrying on the unlawful activity, in contravention of the provisions of subsection (1). Officer to provide all necessary assistance to the chief executive officer or any officer or servant authorised in that behalf by the chief executive officer, to prevent such person, his agents or servants from carrying on the unlawful activity, in contravention of the provisions of subsection (1).

(5) Where under subsection (4), the chief executive officer of the Corporation or the officer or servant authorised by such chief executive officer, fails to prevent any person from carrying on an unlawful activity in contravention of the provisions of subsection (1), he may make an application to the Magistrate's Court within whose local jurisdiction the extent of land or any part thereof in which the alleged unlawful activity is being carried on, is situated, for the issue of an order restraining him or his agents or servants from acting in contravention of the provisions of subsection (1) and where necessary for an order granting him authority either to demolish any building or construction whether wholly or partly built which may have been erected on such extent of land or of taking such buildings or construction into his custody.

(6) If on the conclusion of the inquiry under subsection (5) the Magistrate is not satisfied that the person showing cause has lawful authority to fill or develop the extent of land, he shall—

(a) make an order restraining such person or his agents and servants from doing any act in contravention of this section; and

(b) where necessary, make order authorising the demolition of any building or construction built thereon.

(7) Where any person to whom approval has been granted under subsection (2) has failed to comply with the terms and conditions subject to which such approval was granted, the chief executive officer of the Corporation may direct such person to comply with the same and where such person fails to do so, he may make an application to the Magistrate's Court within whose jurisdiction the extent of land or any part thereof is situated, and obtain an order—

(a) restraining such person, his agents and servants from acting in contravention of the terms and conditions imposed; and

(b) enabling the Corporation to carry out or cause to be carried out the work in compliance with the terms and conditions imposed and charge the cost of such operation on that person.

(8) The provisions of section 20A of this Act shall apply in respect of an application made under subsection (5) and subsection (7) respectively.

[S 2A ins by s 3 of Act 35 of 2006.]

2B. Declaration of an area as low lying marshy, waste or swampy.

(1) The Minister may with the concurrence of the Minister in charge of the subject of Lands, by Order published in the Gazette determine any area of land other than an area declared to be a Reclamation and Development Area under section 2, as a low lying, marshy, waste or swampy and specify in such Order the requirements to be complied with in filling or developing any such area.

(2) An Order under subsection (1) declaring an area as low lying, marshy, waste or swampy shall define such area by setting out the metes and bounds of such area.

(3) It shall be the duty of every person who proposes to carry out any filling or development activity in any area declared under subsection (1), to comply with the requirements specified in the Order made under that subsection and any person who acts in contravention, thereof shall be guilty of an offence under this Act.

(4) Where an Order under subsection (1) is made, the local authorities or any authorities within the area declared by such Order, whose approval is required for the purpose of construction of buildings or sub-division, shall, in granting such approval, ensure that the requirements specified in that Order are complied with and where such requirements are not complied with, notwithstanding anything to the contrary in any other written law, have the power to refuse to approve such construction of buildings or sub-division as the case may be, until such requirements are complied with to its satisfaction.

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