Sri Lanka Consolidated Acts

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Forest (Amendment) Act (No. 23 of 1995) - Sect 4

Insertion of new section 3A, 3B, 3C and 3D in the principal enactment

4. The following new sections are hereby inserted immediately after section 3 and shall have effect as sections 3A, 3B , 3C, 3D of the principal ' "enactment : -
3A
(1) The Minister may be Order publish in the Gazette declare that any specified area of state land or the whole or any specified part of any reserved forest which has unique ecosystems , genetic resource or is the habitat of rare and endemic species of flora, fauna and micro organism and of threatened species, or which needs to be preserved in order to achieve an ecological balance in the area by preventing Stalinization or drying up of rivers, ensuring adequate rainfall, preventing landslides and fires hazardous to human life, shall from such date as may be specified in the Order be a conservation forest.
(2)From and after the date specified in the Order made under subsection (1), such state land or whole or part of such reserved forest shall become a conservation forest and shall be under the control of the Conservator of Forests subject to such conditions and restrictions as may be prescribed.
3B. The Divisional Secretary or Secretaries as the case may be of the Divisional Secretary's division or divisions, in which the conservation forest is situated shall, prior to the date specified in the Order declaring the conservation forest, take all steps as may be necessary to give sufficient publicity to such Order within the respective Divisional Secretary divisions in which any portion of the conservation forest is situated and in every town or village in the immediate neighborhood of such conservation forest, by-
(a) specifying as far as possible the situation and the boundaries of the proposed conservation forest; and
(b) explaining the consequences which will ensue on the declaration of the proposed conservation forest.
3C.
(1) The Minister may by Order published in the Gazette, declare that the limits of any conservation forest shall be altered or varied.
(2) An Order made by the Minister under subsection (1) shall have no effect until it has been approved by the President and confirmed by Parliament and notification of such confirmation is published in the Gazette.
3D. Where in any prosecution instituted under this Act, a question arises as to whether any land is within a conservation forest, a certificate issued under the hand of the Conservator of Forests to the effect that the land described in the certificate is within a conservation forest, shall l be admissible in evidence and shall be prime facie proof of the facts stated therein.".


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