Sri Lanka Consolidated Acts

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Coast Conservation (Amendment) Act (No. 64 of 1988) - Sect 8

Insertion of new sections 31A, 31B, 31C, 31D,31E and 3lF in the principal enactment

8. The following new sections are hereby inserted immediately after section 31, of the principal enactment and shall have effect as sections 31A. 31B, 31C, 31D, 31E and 31F thereof:
31A.
(1) No person shall within the Coastal Zone
(a) engage in the mining, collecting, possessing, processing, storing, burning and transporting in any form whatsoever, of coral;
(b) own, possess, occupy, rent, lease, hold or operate kilns for the burning and processing of coral;
(c) use or possess any equipment, machinery article or substance for the purpose of breaking up coral; and
(d) use any vehicle, craft, or boat in, or in connection with, the breaking up or transporting of any coral:
(2) Where any vehicle, vessel, boat, craft, machinery or other equipment is used in contravention of the provisions of subsection (1) any police officer shall have the power to seize any such vehicle, vessel, craft, boat, equipment or machinery along with any article or substance found thereon.
(3) No vehicle, vessel, craft, boat, equipment or machinery seized under the provisions of subsection (2), shall be released unless an order of court permitting such release has. been obtained.
(4) Any police officer shall have the power to confiscate any coral, found stored or stacked within the Coastal Zone in contravention of the provisions of subsection (1) and any such coral so found shall be handed over to the Director or his representative or disposed of in any manner as may be deter mined by the Director.
31B. A certificate issued under the hand of the Director, containing a statement that the acts referred to in section 31A, took place within the Coastal Zone, shall be prima facie evidence of the facts stated therein.
31C. Every person, who within the Coastal Zone, owns, or possesses or occupies one or more kilns, shall within thirty days of the coming into operation of this section, demolish; or cause such kilns to be demolished.
31D.
(1) No person shall, by reason of possession or use of any specific portion of the beach claim to have acquired title to such portion of the beach as against the State.
(2)
(a) In any dispute concerning the area comprising the beach in any part of the island a certificate signed by the Director or a person authorized by him in that behalf containing a statement that a particular area forms part of the beach, shall be prima. facie evidence of the facts stated therein.
(b) In arriving at a determination for the purpose of issuing a certificate under paragraph (a), the Director or any other person authorized by him in that behalf, shall take into consideration the extent of accretion along the coastline which is caused by deposition of sand brought in by long shore transport from other areas along the coast line, or by the transport of material along the rivers.
(c) For the purpose of this Act accretions adjoining private property shall be deemed to belong to the State.
(3) Notwithstanding the provisions of paragraph (2) of this section, the public shall have the right to use or enjoy any portion of the beach.
31E.
(1) Any police officer shall have the power to examine any vehicle, vessel, boat or craft transporting or suspected of transporting sand and sea shells.
(2) The onus of proving that such sand or sea sheik were lawfully obtained, shall lie on the person transporting such sand and sea shells.
31F. There shall be credited to the Police Reward Fund established under the Police Ordinance, fifty per centum of the moneys received by way of fines"


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