Sri Lanka Consolidated Acts

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Tourism Act (No. 38 of 2005) - Sect 29

Authority to be vested with powers under the National Environmental Act and the Antiquities Ordinance

29.
(1) Upon the declaration of an Area in terms of section 26, the Authority shall for a period of ten years, be vested with all the powers necessary for the environmental planning and preservation of archaeology under the National Environmental Act, No. 47 of 1980 and the Antiquities Ordinance (Chapter 188), to such extent on the same is necessary for the implementation of the development plan within the declared area.
(2) The Central Environmental Authority shall, in respect of any matter where the Authority is vested with the power in terms of subsection (1), be required to submit its recommendation to the Authority within the prescribed period.
(3)
(a) Upon the declaration of any Area in terms of section 26, it shall be lawful for the Minister, notwithstanding anything to the contrary in the National Environmental Act, No. 47 of 1980 to make regulations in consultation with the Minister in charge of the subject of Environment to prescribe the criteria to be followed in respect of environmental planning within such area. The procedure to be followed by the Central Environmental Authority in this respect and the time within which such recommendations have to be made shall be as prescribed.
(b) Where the Authority is not in agreement with a recommendation of the Central Environmental Authority, it shall refer to matter to the Minister in charge of the subject of Environment, whose decision thereon shall be final. A member of the respective Committee shall be required to be present at all times when any such matter is being considered.
(c) The Minister, with the concurrence of the Minister in charge of the subject of Environment, shall make such regulations as may be necessary prescribing the procedure to be followed in the making of recommendations and the time within which any such recommendation should be made.
(d) The Minister in charge of the subject of Environment shall make regulations prescribing the criteria to be followed in environmental planning within an Area as is declared under section 26.
(4)
(a) Upon the declaration of any area in terms of section 26, it shall be lawful for the Authority to exercise powers in respect of making available facilities to visitors at the sites of such antiquites, in terms of the Antiquities Ordinance (Chapter 188) within such area. In the exercise of these powers the Authority shall obtain the consent of the Commissioner of Archaeology. The procedure to be followed in obtaining such consent shall be as prescribed.
(b) The Minister shall, with the concurrence of the Minister in charge of the subject of Antiquities, make such regulations as may be necessary prescribing the procedure to be followed in the preservation of antiquities within any such Area as is declared under section 26.
(5) Regulations may be made specifying the extent to which and the manner in which and the persons by whom the provisions of any other written law shall be applied in relation there to. Any such regulation shall be made in consultation with the Minister in charge of the relevant subject.
(6) In this section "Central Environmental Authority" means the Central Environmental Authority established under the National Environmental Act, No. 47 of 1980.


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