FAUNA AND FLORA PROTECTION ORDINANCE
Arrangement of Sections
1. Short title.
PART I
National Reserves and Sanctuaries
2. Constitution of National Reserves, Strict Natural Reserves, National Parks, Nature Reserves, Jungle Corridors, Refuges, Marine Reserves, Buffer Zones and Sanctuaries.
2A. Management Plans for National Reserves and Sanctuaries.
2B. Assessment of impacts of activities within National Reserves and Sanctuaries
2C. Services and facilities within National Reserves or Sanctuaries
2D. Nature Trails
3. Essential features of Strict Natural Reserves, Jungle Corridors, National Parks, Refuges, Marine Reserves, Buffer Zones and Sanctuaries.
3A. Ban on tourist hotels within one mile of National Reserve.
4. Restriction of entry into Strict Natural Reserves.
5. Restriction of entry into National Parks.
5A. Restriction of entry into Nature Reserves.
5B. Causing nuisance or disturbance within a National Reserve.
6. Acts prohibited in Strict Natural Reserves, National Parks, Nature Reserves and Jungle Corridors.
6A. Acts prohibited in National Reserves and Sanctuaries.
7. Acts regulated in Sanctuaries.
8. Acts prohibited in vicinity of National Reserve.
8A. Repealed.
9. Special regulations for Part I.
9A. Restriction on development activity within one mile of a National Reserve
10. Offences and penalties under Part I.
11. Interpretation of Part I.
PART II
Elephants and Buffalo
12. Protection of elephants in areas outside National Reserves and Sanctuaries.
13. Declaration of areas in which damage by elephant or buffalo is apprehended.
14. Repealed.
15. Repealed.
16. Killing or taking of elephants and buffaloes to be reported forthwith.
17. Property in elephants killed or taken under Part II.
18. Director authorised to dispose of tusks and car cases of dead elephants.
19. Royalties payable on elephants.
19A. Prohibition of export of any part of an elephants.
20. Offences-Elephants.
21. Offences-Dead elephants.
22. Repealed.
22A. Registration and licensing of elephants.
23. Penalty for unlawful possession of elephant.
24. Tusks and tushes to be registered.
24A. Tusks and tushes to be licenced.
24B. Inspection of places where tusks and tushes are kept.
25. Power of Director to seize elephant, tusk or tush on suspicion.
26. Repealed.
27. Special regulations for Part II.
28. Interpretation Part II.
29. Elephant orphanages.
PART III
Vertebrates and Invertebrates
30. Offences relating to mammals and reptiles not included in Schedule I.
31. Offence relating to birds.
31A. Offences relating to amphibians and fishes included in Schedules III and IV.
31B. Offences relating to invertebrates included in Schedule IV A.
32. Repealed.
33. Repealed.
34. Alteration of Schedules I, II, III and IV.
35. Proof of species of mammals, birds, reptiles, amphibians, fishes or invertebrates.
36. Temporary prohibition against killing or taking of birds in specified areas.
37. Prohibition of import of mammals, birds, reptiles, fishes and invertebrates without permits.
38. Regulations may be made.
39. Penalties for unlawful import or release of mammals, birds, reptiles, amphibians, fishes and invertebrates.
40. Prohibition of export of mammals, birds, reptiles, amphibians, fishes, corals and invertebrates without a permit.
41. Penalty for unlawful export or re-export of mammals, birds, reptiles, amphibians, fishes, and invertebrates.
PART IV
Flora
Protection of Plants Included In Schedule V.
42. Protection of plants included in schedule V.
43. Protected trees.
44. Alteration of Schedules V and VI.
45. Regulations relating to flora.
46. Offences under Part IV.
46A. Certificate of proof.
47. Savings—Part IV.
48. Interpretation of Part IV.
PART V
Miscellaneous Provisions
49. Taxidermists and traders in animals skins to be licensed.
49A. Registration of animals in the possession of individuals.
50. No gun to be discharged on a prohibited road.
51. Prohibition of shooting from vehicles.
52. Prohibition of use of artificial lights.
52A. Prohibition of shooting in vicinity of water holes.
52B. No food or substance to be used for inducing any animal.
53. Regulation of hunting, shooting on State land or public thoroughfare outside National Reserves.
53A. Prohibition of the poison on animals.
53B. Prohibition on the possession of the flesh of any animal killed or taken by the use of poison.
53C. Proof in case of identification of flesh of animals.
54. Prohibition on serving as food the flesh of any animal the killing of which is prohibited.
55. Circumstances in which acts otherwise prohibited may be authorised.
55A. Interpretation of Part V.
55B. Powers of Director-General to confiscate timber felled in a National Reserve or Sanctuary.
55C. Seizure of timber felled within a National Reserve or Sanctuary.
55D. Transportation of timber seized in terms of sections 55B and 55C.
PART VI
General Licences and Permits
56. Refusal and revocation of licences and permits.
57. Licences and Permits not to the transferred.
57A. Power to recover charges and fees.
Offences and Penalties
58. General penalty.
58A. Special penalty for offences against elephants.
59. Attempts and abetment.
60. General exceptions to liability.
60A. Certificate in respect of inability to produce.
60B. Indemnity for acts done in good faith.
60C. Presumption of ownership of plants and animals.
60D. Director-General’s certificate to be prima facie evidence.
60E. Public Litigation.
61. Repealed.
62. Repealed.
63. Offences to be triable summary by Magistrates Courts.
64. Power of Magistrate’s Court to make order of confiscation.
65. Wildlife Preservation Fund.
66. Powers of arrest and search.
66A. Offences by officers.
66B. Power to ascertain name and address of an offender.
66C. Special powers in respect of unlicensed guns.
66D. Director to control roads within the boundaries of any National Reserve.
67. Erection of barriers and search of vehicles on roads adjoining National Reserve.
67A. Jurisdiction over offences committed at sea.
67B. Offences under the Ordinance to be cognizable and bailable.
67C. The Director and prescribed officers to be peace officers.
67D. Power of Director and prescribed officers to hold inquiries.
67E. Arrests, searches how to be made.
67F. Ejectment from Crown Land.
Appointment of Officers and Advisory Committee
68. Appointment of officers.
68A. Plans and programmes for Wildlife Conservation.
68B. Guidelines to be framed by the Director.
69. Delegation of Powers of Director.
70. Advisory committee.
General Regulations
71. General regulations.
Interpretation and Savings
72. Interpretation.
73. Savings Licenses.
74. Savings Proclamations notifications.
75. Operation of Fisheries Ordinance.
SCHEDULES
2 of 1937,
31 of 1942,
12 of 1944,
12 of 1945,
38 of 1949,
44 of 1964,
1 of 1970,
49 of 1993,
12 of 2005,
22 of 2009,
7 of 2022.
AN ORDINANCE to provide for the protection and conservation of the Fauna and Flora of Sri Lanka and their habitats; for the prevention of commercial and other misuse of such fauna and flora and their habitats; for the conservation of biodiversity of Sri Lanka; to make such measures to give effect to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES); and to provide for matters connected therewith or incidental thereto.
[Long title subs by s 2 of Act 22 of 2009; s 2 of Act 7 of 2022.]
[Date of Commencement: 1st March, 1938]
1. Short title.
This Ordinance may be cited as the Fauna and Flora Protection Ordinance.
PART I
National Reserves and Sanctuaries
2. Constitution of National Reserves, Strict Natural Reserves, National Parks, Nature Reserves, Jungle Corridors, Refuges, Marine Reserves, Buffer Zones and Sanctuaries.
(1) The Minister may by Order published in the Gazette declare that any specified area of State land shall for the purposes of this Ordinance be a National Reserve and may by that Order or by any Order subsequently published in the Gazette declare that the whole or any specified part of any such National Reserve shall be—
(a) a Strict Natural Reserve; or
(b) a National Park; or
(c) a Nature Reserve; or
(d) a Jungle Corridor; or
(e) Marine National Park;
[S 2(1)(e) subs by s 3(1) of Act 22 of 2009.]
(f) a Marine Reserve; or
[S 2(1)(f) ins by s 3(1) of Act 49 of 1993.]
(g) a Buffer Zone.
[S 2(1)(g) ins by s 3(1) of Act 49 of 1993.]
(2) The Minister may by Order published in the Gazette declare that any specified area of land within Sri Lanka (other than land declared to be a National Reserve) shall be a Sanctuary or a Managed Elephant Reserve for the purposes of this Ordinance.
[S 2(2) am by s 3(2) of Act 22 of 2009.]
(2A) An Order made under subsection (1) and subsection (2) of this section, shall have no effect unless it has been approved by Parliament and the notification of such approval is published in the Gazette.
[S 2(2A) ins by s 3(3) of Act 22 of 2009.]
(3) An area declared to be a Sanctuary or a Managed Elephant Reserve may include both State land and land other than State land.
[S 2(3) am by s 3(4) of Act 22 of 2009.]
(4) —
(a) The Minister may by Order published in the Gazette declare that from a specified date—
[S 2(4) re-numbered as s 2(4)(a) by s 3(5)(a) of Act 22
of 2009.]
(i) the limits of any National Reserve or Sanctuary may be altered or varied;
[S 2(4)(a) re-numbered as S 2(4)(i); am by s 3(5) of Act 22 of 2009.]
(ii) any National Reserve or part thereof shall cease to be a National Reserve;
[S 2(4)(b) re-numbered as S 2(4)(ii) by s 3(5)(b) of Act 22 of 2009.]
(iii) any Sanctuary or part thereof shall cease to be a Sanctuary;
[S 2(4)(c) re-numbered as S 2(4)(iii) by s 3(5)(b) of Act 22 of 2009.]
(iv) that a National Reserve of one class shall be a National Reserve of another class.
[S 2(4)(d) re-numbered as S 2(4)(iv) by s 3(5)(b) of Act 22 of 2009.]
(b) an Order made by the Minister under this subsection shall have no effect unless it has been approved by Parliament and the notification of such approval is published in the Gazette.
[S 2(4)(b) ins by s 3(5)(d) of Act 22 of 2009.]
(5) In the case of any change of boundaries or the disestablishment of a National Reserve or Sanctuary or Managed Elephant Reserve, a study shall be conducted and such study shall include an investigation of the ecological consequences of the proposed change.
[S 2(5) subs by s 3(6) of Act 22 of 2009.]
(6) the Minister may make regulations relating to any Managed Elephant Reserve or any Sanctuary.
[S 2(6) ins by s 3(6) of Act 22 of 2009.]
2A. Management Plans for National Reserves and Sanctuaries.
(1) A Management Plan may be prepared by a Management Planning Committee appointed by the Director-General for every National Reserve, based on such guidelines as may be prescribed.
(2) The Minister may by Order specify any Nation Reserve, Sanctuary or any Managed Elephant Reserve for which a Management Plan is required, taking into consideration the prevailing circumstances.
(3) The Secretary to the Ministry of the Minister shall endorse the Management Plan as being prepared in accordance with the provisions of the Ordinance.
(4) (a) A Management Plan may be amended or altered subject to the approval of the Director-General—
(b) The implementation of all Management Plans shall be monitored according to an approved plan, made by the Director-General and be subject to an evaluation within five years of the date of adoption of such Management Plan.
(c) Where a new Management Plan has to be prepared, it shall be prepared in accordance with the provisions of this section and be endorsed prior to the lapsing of the five years mentioned in paragraph (b).
[S 2A subs by s 4 of Act 22 of 2009.]
2B. Assessment of Impacts of activities within National Reserves and Sanctuaries.
(1) The Director-General may, prior to carrying out and giving effect to any activity under a Management Plan, require an assessment of the impact of such activity on the fauna and flora and their habitat to be made.
(2) The report on the assessment of the impacts of such activity shall included, but shall not be limited to—
(a) a statement of the existing or anticipated impact upon the fauna and flora, including an account of the species and habitats affected and extent to which they are or may be threatened;
(b) a statement of the existing or anticipated social and economic impact of such activity;
(c) a statement of where rare, endangered or endemic species are or may be affected;
(d) a list of alternative actions, including inaction which might be taken to remove or lessen any adverse impact; and
(e) any recommendation for subsequent action.
(3) The Minister may from time to time issue guidelines for the purposes of the implementation section.
[S 2B ins by s 4 of Act 22 of 2009.]
2C. Services and facilities within National Reserves or Sanctuaries.
(1) The Director-General may provide visitor services and facilities in National Reserves and Sanctuaries. The Director-General shall however ensure that the provision of such services and facilities do not damage the ecosystem concerned. Such services and facilities shall be provided according to the Management Plan, where applicable.
(2) The Director-General shall administer, control and manage the facilities and services which are to be provided within any National Reserve or Sanctuary.
[S 2C ins by s 4 of Act 22 of 2009.]
2D. Nature Trails.
(1) The Director-General may provide for roads and tracks within a National Reserve or a Sanctuary on State land to be nature trails for the use of any person who desires to travel on foot or otherwise as permitted, to study or observe the fauna and flora therein:
Provided that the State shall not be liable for any injury or damage sustained or incurred by any person using such trail.
(2) No person shall use any such nature trial unless he has obtained a permit issued by the Director-General upon the payment of the prescribed fee.
(3) Regulations may be made specifying the manner in which any person may use such nature trial.
(4) The Director-General, giving effect to the provisions of this section, shall consider the advice and recommendations of the Advisory Committee established under this Ordinance.
[S 2D ins by s 4 of Act 22 of 2009.]
3. Essential features of Strict Natural Reserves, Jungle Corridors, National Parks, Refuges, Marine Reserves, Buffer Zones and Sanctuaries.
(1) Save as hereinafter provided—
(a) no person shall be entitled to enter any Strict Natural Reserve or Nature Reserve, or in any way to disturb the fauna and flora therein;
[S 3(1)(a)subs by s 5(1) of Act 49 of 1993.]
(b) no person shall be entitled to enter any National Park or any Marine National Park except for the purpose of observing the fauna and flora therein;
[S 3(1)(b) am by s 5(1)(a) of Act 22 of 2009.]
(c) no animal shall be hunted, killed or taken, and no plant shall be damaged, collected or destroyed in a Strict Natural Reserve destroyed, in a Strict Natural Reserve.
[S 3(1)(c) subs by s 5(1) of Act 49 of 1993.]
(d) no person shall hunt, shoot, kill or take any wild animal, or take or destroy any egg of any bird or reptile or any nest of any bird, in any Sanctuary.
[S 3(1)(d) am by s 3 Act 44 of 1964.]
(1A) No person shall, on any State land or any part thereof within any Sanctuary, carry, or have in his possession or under his control, a gun, or a cartridge or other explosive of any description except under the authority, and in accordance with the terms or conditions, of a permit issued by the prescribed officer upon the payment of the prescribed fee. The preceding provisions of this subsection shall be in addition to, and not in derogation of, the provisions of the Firearms Ordinance.
[S 3(1A) ins by s 4(1) Act 1 of 1970.]
(2) …
[S 3(2) rep by s 5(2) of Act 49 of 1993]
(3) —
(a) Nothing in the preceding provisions of this section shall be deemed or construed to prohibit or restrict the exercise by any person of any right acquired by him, whether by law or custom or usage, or traditional practice, in or over any land situated within the limits of any National Park, Nature Reserve, Marine National Park, Jungle Corridor, or in or over any State land in any Sanctuary, being a right which was so acquired by such person prior to the date of the establishment of such National Park, Nature Reserve, Marine National Park, Jungle Corridor or Sanctuary.
(b) For the purpose of this subsection, the Minister shall prescribe the customs, usages and traditional practices which may be exercised in or over any land situated within the limits of any National Park, Nature Reserve, Marine National Park, Jungle Corridor or in or over any state land in any sanctuary.
[S 3(3) subs by s 5(1)(c) of Act 22 of 2009.]
(4) Any right referred to in subsection (3) which has not been, or is not exercised by the person entitled thereto for a continuous period of two years shall be deemed to have lapsed, or to lapse, and to have been, or to be, ceded to the State.
[S 3(4) ins by s 4(2) of Act 1 of 1970.]
3A. Ban on tourist hotels within one mile of National Reserve.
(1) No person shall, within one mile of the boundary at a National Reserve, construct a tourist hotel or provide any services or facilities similar to the services or facilities provided by a tourist hotel.
[S 3A ins by s 6 of Act 4 of 1993; re-numbered as s 3A(1) by s 6(1) of Act 22 of 2009.]
(2) No person shall commence or cause to be commenced any expansion to any tourist hotels situated within a one mile radius of the outer boundary of a National Reserve.
[S 3A(2) ins by s 6(2) of Act 22 of 2009.]
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