39. Sections 37, 38, 39, 40, 41 and 42 of the principal enactment are hereby repealed and the following sections substituted therefor:
| 37.
| | (1) No person shall import into Sri Lanka any mammal, bird, reptile, amphibian, fish, or invertebrate whether dead or alive, or any part of any such mammal, bird, reptile, amphibian, fish or invertebrate or the eggs, spawn or larva of any such mammal, bird, reptile, amphibian, fish or invertebrate except under the authority of a permit issued in the prescribed form obtained from the prescribed officer on payment of the prescribed fee. | | |
| | (2) This section shall have effect as if it formed part of the Customs Ordinance and the provisions of that Ordinance shall apply accordingly. | | |
| | (3) The provisions of this section shall not apply to any domestic animal as defined in section 11, or to any tropical aquarium fishes. | | |
| | (4) In case of doubt or dispute, a certificate purporting to be signed by the Director to the effect that any fish belongs to a species of tropical aquarium fish or that any species of fish is a species of tropical aquarium fish shall be admissible in evidence and shall be prima facie proof of the facts stated therein. | | |
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| 38. Regulations may be made-
| | (a) requiring may person who imports any mammal, bird, reptile, amphibian, fish or invertebrate on a permit issued under section 37, to provide a certificate from an approved authority that such mammal, bird, bird, reptile, amphibian, fish or invertebrate is free from disease or infection ; | | |
| | (b) prohibiting any mammal, bird, reptile, amphibian, fish or invertebrate imported under the authority of a permit issued under section 37, from being liberated or released in any part of Sri Lanka or prescribing any area or areas within which any such mammal, bird, reptile, amphibian, fish, or invertebrate may be liberated or released. | | |
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| 39.
| | (1) Any person who-
| | | (a) imports into Sri Lanka any mammal, bird, reptile, amphibian, fish or invertebrate in contravention of the provisions of section 37, or any regulation made under section 38; or |
| (b) contravenes any regulation made under section 38, |
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| | (2) Any person who liberates or releases any mammal, bird, reptile, amphibian, fish or invertebrate which has been imported into Sri Lanka in contravention of the provisions of section 37 shall be guilty of an offence and shall, in addition to any punishment to which he may be liable under subsection (1), be liable on conviction to a fine of two thousand rupees in respect of each mammal, bird, reptile, amphibian, fish or invertebrate so liberated or released. | | |
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| 40.
| | (1) No person shall export from Sri Lanka-
| | | (a) any mammal, bird, reptile, amphibian, fish, coral or invertebrate whether dead or alive ; or |
| (b) the eggs, feathers, or plumage of any bird, the horns, antlers, skin or hide of any mammal or reptile, or any part of any mammal, bird, reptile, amphibian, fish, coral or invertebrate, |
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| | (2) Such permit shall not be issued except for the promotion of scientific knowledge including supplies to foreign museums, foreign zoological gardens in exchange for supplies to local museums or local zoological gardens. | | |
| | (3) This section shall have effect as if it formed part of the Customs Ordinance, and the provisions of that Ordinance shall apply accordingly. | | |
| | (4) The preceding provisions of this section shall not apply to-
| | | (a) any domestic animal as defined in section 11 ; or |
| (b) any mammal, bird, reptile, amphibian, fish, coral or invertebrate of a species which is not indigenous to Sri Lanka. |
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| | (5) In case of doubt or dispute a certificate- purporting to be signed by the Director of Museums, Director of the National Zoological Gardens or Director of the National Aquatic Resources Authority to the effect that any mammal, bird, reptile, fish, amphibian, coral or invertebrate belongs to a species which is not indigenous to Sri Lanka, or that any species of any mammal, bird, reptile, fish, amphibian, coral or invertebrate is a species not indigenous to Sri Lanka, or that any part of any mammal, bird, reptile, fish, amphibian, coral or invertebrate- is a part of a mammal, bird, reptile-, fish, amphibian, coral, or invertebrate of a species which is not indigenous to Sri Lanka, or that any part of any reptile, or bird, is the egg of a reptile or bird of a species which is not indigenous to Sri Lanka be admissible in evidence and shall be prima fade proof of the facts stated therein. | | |
| | (6) Regulations may be made-
| | | (a) prescribing the officer who shall have power to inspect prior to its export any item referred to in this section ; |
| (b) prescribing the officer who shall have power to seal any such item after such inspection;- ; |
| (c) prescribing the documents to be furnished by the exporter of any such item, in proof of the circumstances under which such exporter obtained possession of such item. |
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| 41. Any person who exports from Sri Lanka any mammal, bird, reptile, amphibian, fish or invertebrate whether dead or alive or any part of any mammal, bird, reptile, amphibian, fish or invertebrate, or any eggs, feathers, plumage, horns, antlers, skins or hide of any such mammal, bird, reptile, amphibian, fish or invertebrate in contravention of the provisions of section 40, shall be guilty of an offence and shall on conviction be liable to a fine not less than twenty thousand rupees and not more than fifty thousand rupees or to imprisonment of either description for a term not less than five years and not exceeding ten years or to both such fine and imprisonment, |
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| 42. No person shall in any area-
| | (a) remove, uproot or destroy or cause any damage or injury. to, any plant which is for the time being included in Schedule V and-
| | | (i) is growing on the property of any other person : or |
| (ii) is growing in any public place ; or |
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| | (b)destroy any plant which is for the time being included in Schedule V, and growing on his own property ; or | | |
| | (c) sell or expose for sale any plant for the time being included in Schedule V ; or | | |
| | (d) remove ,uproot or destroy, or cause any damage or injury to any tree upon which any orchid or any other epiphytic plant is growing. '. | | |
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Sri Lanka Consolidated Acts