National Heritage Wilderness Areas Act (No. 3 of 1988)

National Heritage Wilderness Areas Act, No. 3 of 1988 [Certified on 4th March, 19881 L. D.-O. 23/85. ANAcT~ MAKE PROVISION FOR THEDECLARATION OF NATIONAL HERITAGE WILDERNESS AREAS; FOR THE PROTJXTION AND PRESERVATION OF SUCH AREAS; AND FOR =TTE=S CONNECTED THEREWITH OR INCIDENTAL 'I2IEXETO. 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 Heritage Short title. Wilderness Areas Act, No. 3 ti 1988. 2. (1) For the purpose of preserving in their natural De&ration state, unique eco-systems, genetic resources ; or physical of National IIeritage and biological formations and precisely delineated areas wilderness which constitute the habitat df threatened species of animals Areas. and plants of outstanding universal value from the point of view of science or conservation ; for enhancing the natural beauty of the wilderness of Sri Lanka and for pro moting the scientific study and enjoyment thereof by the public, the Minister may, after consultation with (a) the Minister in charge of the subject of Environment ; (b) the Minister in charge of the subject of Wild Life Conservation ; (c) the Minister in charge of the subject of Fisheries ; (d) the Minister in charge of the subject of Agriculture ; (e) the Minister in charge of the subject of Cultural Affairs ; and (f) the Minister in charge of the subject of Indigenous Medicine, by Order published in the Gazette, declare any area of State land which in his opinion has unique em-systems, genetic resources or any outstanding natural features, to be a National Heritage Wilderness Area. (2) No Order made under subsection (1) shall have effect until it is approved by the President and confirmed by Parliament and notification of such approval and confirma tion is published in the Gazette. 2 National Jieritage Wilderness Areas Act, No. 3 of 1988 (3) Every area to be declared as a National Heritage Wilderness Area shall be identified and mapped out by the Surveyor-General and any Order made under subsection (1) shall refer to the map prepared by the Surveyor General in respect of the area to which such Order refers. (4) Where any immovable property not being State land, with any of the features referred to in subsection (1) is required to be acquired for the purposes of this Act, and the Minister shall by Order published in the Gazette approve of that proposed acquisition, that property shall be deemed to be required for a public purpose and may a.ccordingly be acquired under the Land Acquisition Act. 3. (1) No person other than the Competent Authority ;;&;ic&ion shall enter, or remain, within, any National Heritage into National Wilderness Area except- Heritage wilderness (u) for the purpose of discharging any official duty on the Amas. instruction, or with the written permission, of the Competent Authority ; or (b) under the authority and in accordnace with the conditions of a written permit from the Competent Authority. (2) A permit referred to in paragraph (b) of subsection (1) shall be issued by the Competent Authority on an application made therefor, only for the purpose 012 obser ving the fauna or flora therein or for conducting such scientific studies as are specified in such permit. 4. (1) No ierson shall in a National Heritage Wilderness Area- National Heritage (a) cut, mark, lop, girdle, saw, convert, collect or remove any plant, tree or any part thereof or any other ~~grIles forest produce ; (b) awilfully strip off the bark or leaves from, or other wise damage or interfere with, any tree ; (c) cut grass or pasture cattle ; (d) pollute water ; (e) remove, uproot or destroy, or cause any damage or injury to, any plant ; (f) sell, expose or offer for sale, any plant ; National Heritage Wilderness Areas Act, No. 3 of 1988 3 (g) shoot, trap or snare, molest or disturb, any bird or animal ; (h) sell, expose or offer for sale, any bird, beast or reptile or any part of any such bird, beast or reptile ; (i) take or destroy any egg of any bird or reptile or nest of any bird ; (j) fire any gun or do any other act which disturbs or is likely to distrub, any wild animal or do any act which interferes, or is likely to interfere with, the breeding place of any such animal ; (k) 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 ; (2) erect any building, whether permanent or temporary, or occupy any buiIding so erected : (m) make any fresh clearing ; (n) kindle or keep or carry any fire ; to) remove any forest produce in any form ; 01) clear or break 11p any land for cultivation or any other purpose ; (q) construct any road ; or (T) damage, alter or remove any wall, ditch, embark ment, fence, hedge, railing or other boundary mark. (2) Nothing in paragraph (1) of subsection (1) shall be read’or construed as prohibiting the Competent Authority, from erecting and occuy,ing any building with;n National Heritage Wilderness Area, for the purposes of this Act. 5 . (1) The Minister may make regulations in respect of- %Zulations. (a) the administraticn and management of National Heritage Wildernes Areas ; (b) the implementation of the co-ordinated management plan prepared under section l@ in respect of a National Heritage Wilderness Area ; and (c) every matter which is required by this Act to be pres cribed or in respect of which regulations are required or authorized to be made. 4 099124 @8/03) 4 National Heritage Wilderness Areas Act, No. 3 of 1988 (2) Every regulation made by the Minister shall be published in the Gazette and shall come intc operation on the date of publkation or on such later date as may be specified in the regulations. (3) Every regulation made by the Minister shall as soon as convenient after its publication in the Gazette be brought before Parliament for approval. (4) Any regulation which is not so approved shall be deemed to be rescinded as from the date of disirpproval but without prejudice to anything previously done thereunder. (5) The date on which any regulation shall be deemed to be so rescinded shall be published in the Gazette. 6. Nothing in this Act shal? effect the exercise. discharge Ndthilng or performance by a member of the Armed Forces or the in this Act to Police Force, of any power function or duty conferred or $~$$ imposed on, or assigned to, such member by any written dischar& 01’ perfornianc., law : of anyI power, function or ciuty of a member of the Armed Forces snd the PF::: Provided that where a member of the Armed Forces or the Police Force in the exercise, discharge or performance cf any such power, function or duty comununits any of the acts prohibited by this Act within any National Heritage Wilderness Area, it shall be the duty of the Competent Authority to take such steps as are necessary against such acts. 7. The Conservator of Forests shall be the Competent TIW Authority for the purposes of this Act. ConservatOi ..foyerests the Conip3ent Authority. 8. Notwithstanding anything in contrary to any other Duty ofthc law, the Competent Authority shall in relation to a National Conbetcnt Autfiorify, Heritage Wilderness Area, be charged with the duty of (a) discharging the functions assigned to him b:; the provisions oi this Act : and National Heritage Wilderness Areas Act, No. 3 of 1988’ 5 (b) !for encouraging the provisio?~ or improvement of facilities for obseryation, study and enjoyment, of such National Heritage Wilderness Arer~. 9. The Minister may give to the Competent Authority such directions of a general character as may appear to the Minister expendient in relation to the discharge of the functions of the Competent Authority and the Competent Authority shall comply with such. directions. 10 (1) As soon as may be after the coming lint0 opera lion of an Order made under section 2, the Competent Authority shall prepare, in the prescribed manner, a co ordinated management plan in respect of the National Heri tage Wilderness Area declared by such Order with the assistance of (u) the Forest Department ; (b) the Department of ?Gild Life Conservation : (c) the Department of Fisheries : (d) the Department of Agriculture , (e) the Central Environment Authority ; (0 the Department of Cultural Affairs ; and (g) the Department of Ayurveda. (2) The co-ordinated management plan shall be imple mented in the prescribed manner within the National Heritage Wilderness Area in respect of which such plan was made. 11. The provisions oi this Act shall have effect notwith standing anything to the contrary in the provisions of tny other written law other than the Constitution and acct?: dingly, in the event of arly conflict of inconsistency between tille provisions of this Act and iLfi~ provisions -3f sr!ch other written law, the provisiens of this Act shall pre?&: over the provisions of such other written law. 12. Any person who acts in contravention of any pr+ visions of this Act, or any regulation made thereunder shall be guilty of an- offence and shall on conviction by a Magis trate be liable to a fine not less than two hundred rupees and not exceeding twenty thousand rupees or to imprison ment of either description for a term which may extend to six months or to both such fine and imprisonment. PowLT of Minktcr to .give directions to the Competent Authority. Co-ordinated management plan. This Ofknce.5 and penalties. National Heritage Wilderness Areas Act, No. 3 of 1988 13. In this Act unless the context otherwise requires- ~$~~~ *‘ Conservator of Forests ” means the Conservator of Forests appointed under section 58 of the Forests Ordinance (Chapter 451) ; “ forests produce ” shall have the same meaning as in the Forests Ordinance (Chapter 451) ; ‘tree” shall have the same meaning as in the Forests Ordinance (Chapter 451) ; and ‘. timber” shall have the same meaning as in the Forests Ordinance (Chapter 451.).