Fisheries and Aquatic Resources (Amendment) Act, No. 4 of 2004

PARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA FISHERIES AND AQUATIC RESOURCES (AMENDMENT) ACT, No. 4 OF 2004 [Certified on 21st January. 2004] Printed on the Order of Govemment Published as a Supplement to Part n of the Gazette of the Democratic Socialist Republic of Sri Lanka of January 23, 2004 MUN'fl:I) ,\T TIii: 1>1:rAM.TMl!NT <U:CiOV(:RNMENT l'IU~iJNCi. SMI f.ANKA TO UE PllRCIIASEI) An111, !a)VERNMliNT P\JIII .ICATIONS nl;RCAlJ, (~>LOMHO I Price : Rs. 5.50 Postage : Rs. 4.50 Fisheries and Aq11aric Reso11rce.1· ( A111e11d111e11f) Acr. No. -l of 2004 [Certified on 21st January, 20041 L.D.-0. 65/2002 AN Acr TO AMEND THE F lSHEIHES ANO AQUATIC RESOURCJ;S Acr, No. 2 OF 1996 BE it'enacted by the Parl'iamcnt of the Democratic Socialist Republic of Sri Lanka as follows : 1. This Act may be cited as the Fisheries and Aquatic Resources (Amendment) Act. No. 4 of 2004. 2. Section 27 of the Fisheries and Aquatic Resources Act. No. 2 of' 1996 (hereinafter referred to as the "principal enactment") is hereby amended as follows (I) in subsection (I) of that section (a) in paragraph (al of that subsection hy the substitution for the words ··any poisonous, explosive or stupefying substance" of the words "any poisonous, explosive or stupefying substance (including dynamite)" ; (b) by the repeal of paragraph (h) of that subsection and the substitution, therefor. of the following paragraph : "(h) carry, or have in his possession any poisonous, explosive or stupefying substan.ce (including dynamite) or other noxio~s or harmful material (not being a fishing net) or any substa oce for any purpose rcl'crrcd 10 in paragraph (a)"; and (2) in subsections (2) and (3) of that section. by the substitution for the words "poisonous, explosive or stupefying substance" of the words ··poisonous. explosive or stupefying substance ( i nduding dynamite)" . 2-H 18817- 5.650 (07/200J) Short Title. Amendment or section 27 or Ac1 No. 2 of 1996. lnscnion or new SCClion 29 A in the principal cnactmcnl. lnscnion or new scc1ion 46" jn the principal enactment 1cntlmcn1 or tion 49 of the ncipal ICIIIICOI . 2 Fisheries a11d Aq11aric RC'.\'(Jlt/"C'es (Ame11dme11t) Acr, No. 4 of 2004 3. The following new section is hereby inserted immediately after section 29 of the principal enactment and shall have effect as section 29A of that enactment : "Presumption. 29A. In any prosecution for an offence referred to in section 27 ii shall be presumed, unless the contrary is proved, that such poisonous, explosive or stupefying suhstancc (including dynamite) or other noxious m harmful material or substance was used, carried or possessed for any of the purposes referred lo in section 27.". 4. The following new section is hereby inserted immediately after section 46 of the prindpal enactment and shall have the eL'·ec1 as section 46A of that enactment : "Gran1ing of bnil. " 46A. No hail shall he allowed by a Magistrale to any person who is accused of an offence under paragraph (u) or (b) of subsection (I) or suhsection (3) of section 27 of !his Act : Provided however, the High Court of the Province established under Article I 54r of the Consritution may, for exceptional circumstances shown to the satisfaction of the Court, allow bail to such person who is accused of an offence under paragraphs (a) or (/,) of subsection (I) or subsection (3) of section 27 of this Act.". S. Section 49 of the principal cnacrment is hereby amended by the repeal of subsection (3) or that section and the substitution therefor of the follow ing subsections : "(3) Any person who contravenes the provisions or paragraph (a) of subsection (I) or subsection (3) of sccticin 27. of this Act shall be guilty of an offcncc'ah<l shall on conviction after summary trial heforc a Magistrate, be liable to FislieriC's and Aqumic Resources (A111e11dme11I) 3 Act. No. 4 of2004 imprisonment or either description for a team not less than three years and not exceeding five years or to a fine not less than one hundred thousand rupees and on a second or subsequent conviction Lo imprisonment of either description for a term not less than five years and not exceeding seven years or to a fine not less than five hundred thousand rupees. (3A) Ariy person who contravenes the provisions of paragraph (b) of subsection ( I) or subsection (2) of section 27 of this Act, shall be guilty of an offence under this Act and shall on conviction after summary trial before a Magistrate. be liable to imprisonment of either description for a Lem, not less than one year and not exceeding three years or 10 a line not less than fifty thousand rupees and on a second or subsequent conviction to imprisonment of either description for a term not less than three years and not exceeding live years or to a fine not less than one hundred thousand rupees". 6. The following new section is hereby inserted immediately after section 49 or the principal enactment and shall have effect as section 49A of that enactment "Sanc1ion of lhc Dircc1or­ Gcncral. 49A. No prosecu1Ion shall be commenced in respect of an offence under section 27 except with the prior wriltcn approval of the Director­ General.". lnsenion of new section 49A in the principal enactment. 7. In the event of any inconsistency between the Sinhala Sinhllla text to and Tamil texts of this Act, the Sinhala text shall prevail. prevail in case of inconsistency. Annual subscription of English Bills and Acts of1he Parliament Rs. RR.'i(Local). Rs. I, I 80(Foreign). payable to the SUPERllm,Nl>ENT. Govr:Rl'IMEr-rf PtlBLICATIONS BtlRl:All, No. 32. TRANSWORKS HOUSE, LoTVS RoAU. COLOMBO 01 before 151h D.:ccmbcr each year in l'espcct ul' the year following.