National Aquatic Resources Research and Development Agency (Amendment) Act (No. 32 of 1986)

National Aquatic Resources Research and Develop-ment Agency (Amendment) Act, No. 32 of 1996 L-D.-O. 4Z96. [Certified on 13th November, 19961 AN ACT TO AMEND THE NATIONAL AQUATK RESOURCES RESEARCH AND DEVELOPMENT AGENCY ACT, No. 54 OF 1981 BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows :-1 . This Act may be cited as the National Aquatic Resources Research and Development Agency (Amendment) Act, No. 32 of 1996. 2. Section 2 of the National Aquatic Resources Research and Development Agency Act, No. 54 of 1981 (hereinafter referred to as the “ principal enactment “) is hereby amended by the substitution for the words “ and management activities on the subject of aquatic resources “, of the words “ manage-ment and conservation activities on the subject of aquatic resources, hydrographic surveying and nautical charting “. 3. Section 4 of the principal enactment is hereby amended as follows :-( i) in paragraph (b) of that section-( a) by the substitution.for the words “ manage-ment and development “, of the words “ management, conservation and develop-ment ” ; (b) in subparagraph (i) of that paragraph by the substitution for the word “ oceano-graphy ; “. of the words “ oceanography and hydrography ; ” ; Short title. Amendment of section 2 of Act No. 54of 1981. Amendment of section 4 of the principal enactment. (c) in subparagraph (iv) of that paragraph by the substitution for the words “ fish and related products ” ,of the words “fish and aquatic products ” ; 2 -D 041394--7,355 (%/IO)./ ’ 2 National Aquatic Resources Research and Develop-ment Agency (Amendment)Act, No. 32 of I996 (ii) in paragraph (c)of that section by the substitution for the words ” management and development :‘, of the words “management, conservation and devel-opment ” ; (iii) in paragraph (d) of that section by the substitution for the. words “ control and management “, of the words “ conservation, control and manage-ment ” ; c (iv) in paragraph (e) of that section by the substitution for the words “ for the development “, of the words “ for the management, conservation and develop-ment ” ; (v) by the insertion, immediately after paragraph (e) of that section, of the following paragraph :-. “ (ee) to undertake the collection, processing and publication of hydrographic data and nau-tical information on the near shore and off shore areas and inland waters, and to have overall control of such activ:ties in Sri Lanka ; “. Amendment of section 5 of the principal enactment. 4. Section 5 of the principal enactment is hereby amended as follows :-( a) in paragraph (g) of that section, by the substitution for the words “ management and development “, of the words “ management, conservation and development ” ; (6) in paragraph (i) of that section, by the substitution in subparagraph (i) of that paragraph for the words “ to which the subject of Fisheries ‘*, of the words “ to whom the subject of Fisheries and Aquatic Resources Development ” ; (c) in paragraph 0) of.that section, by the substitution in subparagraph (ii) of that paragraph for the words “ management and development “, of the words “ management, conservation and development ” ;.National Aquatic Resources Research and Develop 3 ment Agency (Amendment)Act, No. 32 of 1996 (cf) in paragraph (k) of that section, by the substitution for the words “ Management, Development, ‘* of the words “ Management, Conservation, Development, ” ; (e) by the renumbering of paragraphs (m) and (n) of that section as paragraphs @) and (q) respectively, of that section ; and U, by the substitution for paragraph (I) of that section, of the following new paragraphs :-“ (f) to initiate and conduct surveys of national aquatic resources and off-shore areas of Sri Lanka ; (m) to establish standards and procedures for gathering, processing and presenting, of hydrogmphic data and nautical informa-t i o n ; (n) to train personnel, conduct examinations, establish national professional standards and issue licences to persons to function as hydographic surveyors ; (0) to control and co-ordinate all hydrographic surveying and nautical charting activities in Sri Lanka ; “, 5. Section 6 of the principal enactment is hereby amended in subsection (1) of that section as follows : ~~~~O~t~ principal enactment. : (a) by the substitution in paragraph (a)of that subsection for the words “ management, research “, of the words “ management, conservation, research ‘*, (b) by the substitution for paragraph (b) of that subsec-tion, of the following new paragraph :-7.4 NutiodA~‘c-‘ l&search aad Develop-~ ment A,gemy fAmemhtent)Act, No. 32 of&B% “ (b) &6following ex-omio mtmks (i) -~personfortheztimAeiihoiding office, as the Secretary to -the Ministry of the ‘Minister inf2we of the subject of Fkheries and Aquatic Sesources Dev&pmtmt orhis ~pwentativenominated by sucblblh~ter ; (ii) thepwson kWhe.time heing4&%ng office as the -Secretary to the Ministry of the %&ister :incharge ofthesubjectofPortsandShipping orhisrepresentativenominated by such Minister ; (iii) ~thwpwson forth6timebeingho!ding office as .the Secretary to the l&istry of-the Minister inckge of :xdx subject of Finance ‘or, his xepresentative .nominated by such ‘Minister; (iv) k-on forth6timebeing holding o&Ike as the Secretary to ,the I@Gstry of the l%n&er,Wge ohhei isubject dSeHi.Affiirs orhis reprww&tk6tina&&by su&Minister ; (v) -the+wsowfoHhetime being holding &iceas3heCkwnmanderotraranderof;thi-Sri Lanka Wavy, or ,his ,mpresentative nominated by-such Commander ; (vi) .kperson fort~timwbeing holding +Pffiiees-the t3uKveyorGenePal; *vii) ~parsoA-far&h6tibeir@Ad~g ,&es as,+the -Director+ Fisharies and Aquatic Resources .Deve-Jopment ;.and (viii) theperson forthetime+einghoMing dfiie as -the ‘Birector--eraI of the Agency. “..Natimal Aqwtic Resources Resew& r&l Develop- 5 nlent Agmcy (Antendnwnt)Act. No. 32 of I996 6. Section. 7 of the principal enac-tment is hereby Amendrr%Wot amended in subsection (1) of that section, by the substitution section 7 of the for paragraph. (g) of that subsection; of the follo.wing princim’ paragraphs : enactment. “ (g) advise and make recommendations to the Minister on matters relating to the management, develop-ment and conservatiottof aquatic resources in Sri .I . Lanka ; “. (h) prepareand4ceepundereontinualreview,theAquatic Resources. Management, Development, Conser-vation: and~Resaatch Plan; (i) appoint a competent person to’certify hydrographic surveys, hydrogmPhic fair&eta, charts andnauti-cal: publicatiofts ; (j) delegate to the Chairman or the Director-General, any .of its powers or duties relating to the appoint+ ment,.dismissai ordiscipbnary control of the staff of the Agency ; (k) administer and manage theaffairsoftbe Agency. “. . 7.. Sections 13,14,15and 16oftbeprincipalenactmentare Repealof hereby -I.rqpkd. seuieas- 13.14. I5 and 16 of&e 8. Section 17 of the principal enactment is hereby repealed at&be following section substituted therefor : zrEr & princi enactmmt. ” scientific and 17. (1) Tlte fdloawiag .sttall coaatitute TCChllii committee. a Standing Committee of the Agency knowuas the !hientSc and Technical Gem-mktee (her&&r -r&wed- $0.. as- the, ‘6 Q)iw ‘*):-.h Natiand Aqwtic Kesorrr-ccjs Hesecurl~ cm1 De~*clop-went Agency (AnlendmeruMct. No. 32 of 19% (c) the Heads of Research Divisions, and 01’ the Hydrographic Office, of the Agency ; (d) the Director of Coast Conservation ; (e) tworepresentativesfrom theMinistryot the Minister to be nominated by the Secretary to such Ministry ; U, two representatives from the aquatic industry to be appointed by the Minister ; (g) two eminent members of the scientific community to be appointed by the Minister ; and (h) two members of the Board to be nominated by the Board. (2) Every member of the Commitee appointed under paragraphs U, and (g) of subsection (1) shall, unless he earlier vacates office by death, resignation or removal, hold office for a period of two years and shall be eligible for reappointment. (3) Where any member appointed under paragraphs v) and (g) of subsection ( 1) vacates office prior to the expiration of his term of office, the Minister shall appoint another person in his place to hold office for the unexpired period of the term of office of the member whom he succeeds. **. Anmdment of section llofthe principal enactment. 9. Section 18 of the principal enactment is hereby amended in paragraph (c) of that section, by the substitution for the words “ Board or the Council, as the case may be *‘, of the word “ Board ‘*. Amendmnt of section 19 of the principal enactment. 10. Section 19 of the principal enactment is hereby amended in subsection (1) of that section, by the substitution for the word “ two “, of the word “ three ‘*..Nutional Ayrccrtic Resources Re.wwrcl~ md De~~4op- 7 went Agency (Amenhent)Act. No. 32 of 10% 11. Section 20 of the principal cnactmcnt is hcrchy Anm~dnicnt 01 amended as follows :- section 20 of the . principal (a) by the substitution for the word “ Council “, of the muctrncnt. word “ Committee ” ; and (b) in the marginal note to that section, by the substitution forthcword“Council”,ofthcword“Committee “. 12. Section 21 of the principal enactment is hereby Amendment of amended as follows :- section 2 I of the principal (a) by the substitution forthe word “Council.” wherever emctment. it occurs in that section, of the word “ Committee ‘* ; (b) by the substitution for the words and figures ‘* appointed under paragraph (a) of subsection (2) of section 13 “, of the words and figures “appointed under paragraphs u> and (g) of subsection (1) of section 17 ” ; and (c) in the marginal note to that section, by the substitution fortheword“Council’*,ofthe word”Committcc “. 13. Section 22. of the priticipal cvactment is hereby Amendment of amended as follows :- section 22 of the principal (a) by the substitution for the word “Council ‘* wherever enactment. it occurs in that section, of the word “ Commit-tee ” ; and (6) in the marginal note to that section, by the substitu-tion for the word “ Council “, of the word “ Committee I’.. 14. Section 23 of the principal enactment is hereby Amendment of mended as follows :- section 23 of the principal (a) by the substitution for the w&d “ Council ‘*, of the enactment’ word “ Committee *’ ; and (b) intbemarginalnotetotbatsection,bythesubstitution for the word “Council ‘*, ofthe word “Committee “..Insertion of new section 38~ in the principal enactment. Amendment of section 42 of the principal enactment. Sinhaltt text to prevail in case of inconsistency. 15. The following new section is hcrcby inscficd itnnmli-ately after section.38 of the principal onactmenl,and.shall have effect as section 38~ of,,the .prkipal~enaotmcnt :-* ’ Resttiction on 38~. No officer of the*Agency shall publish pntdication of reporui, &c. or cause to be pwMisbed, any report or research finding of the .Agency, wilfhouf obtaiaing fhe priorwritten permission of the Director-General. “. 16; Section ,42. of -the-principal’enactment is hereby amended as btlews :-( u) by the repeal of thedeGni&ms ~ti&yq of ,ti expressions (r Ceylon Fisheries Corpo&k ” and “ Ceylon Fishery. Harbours ,-ion ” ; (b) ,by,tbe insert& imma&t&y .af&r tkdefinition of theexpmssia. “ coastal wetlands ” of the follow-ing new d&&ion :-‘ “ Exchtsive Economic Zone *’ means the area da&red to <be tbeExclusk Economic Zone of Sri Lanka by ~lamatkn made undetseetion5ofthtMvitimeZonesLaw. NO.22ofW%; * ; (c) by the insertion immediat+ after the definition of the expression “ inland waters.“, of the follow-ing new definition, :-‘ W Minister ” means the Minister appointed under Arficle44ofthaCoastitutiontc&e in-charge of ,thc subject of Fisheries and Aquatic ResowKxts Deve*wt ; ’ ; (d) bg,tbc substitution in thede&&iwoftk~xpression . ” o@&ore-areas ” for the words “ Maritime Zones Law.sNo. 22 of WW’, of the words “ Maritime Zones Law, No. W of 1976 and includes the Exclusive Economic Zone ; ” ; l& In the event of any inconsistency bahvuaea tbeSinhala and Tami texts of this Act, the Sinbala text sbalkprevoil.