Annual Report 2008 - Ministry of Finance and Planning

4. Reform Initiatives
181
National Thoroughfares Act, No. 40 of 2008
The Government having recognized the importance of formulating a policy in relation to national highways and the need to
develop a modern and integrated public road network within the country to ensure connectivity among regions and promote
accelerated development, introduced the National Thoroughfares Act, No. 40 of 2008, to provide a legal framework necessary
to facilitate the realization of such objectives.
The Act inter alia provides a legal framework to enable private sector investment and participation in road construction,
development and maintenance, and to extend assistance to Provincial Councils and Local Authorities, in relation to
such activities. It also provides that community based organizations could engage in the construction, maintenance and
management of roads/public roads.
The Act enables the establishment of a Road Network Development Advisory Council, to provide advisory support for the
formulation of the Hierarchical Public Road Network Policy for Sri Lanka and to develop a hierarchical road network strategy
that would facilitate improvements of the quality of roads, identify steps required to be taken in relation to road research,
planning and development technology and road safety as well as planning of roads, national highways, expressways and
restricted access highways.
The Act recognizes that lands required for the construction of new roads or to widen roads could be acquired. The Road
Development Authority is entrusted with the powers to acquire lands as specified in the National Thoroughfares Act, No. 40 of
2008, Land Acquisition Act and the Crown Lands Ordinance. Further, there is provision that the Authority may purchase any
land with the approval of the Minister and with the consent of owners, for the purpose of resettlement of persons displaced or
affected due to the implementation of any of the provisions of this Act.
The Act contains provisions for the protection of different categories of roads, their maintenance, to specify building limits
alongside such roads. It also provides a valuation mechanism to be followed in determining compensation for any land
acquired with buildings on it being authorized structures, notwithstanding anything to the contrary contained in the Land
Acquisition Act. The Act also provides for the imposition of a fee from vehicles used in a user fee national highway, as may be
prescribed by the Minister.
Ministry of Finance and Planning Sri Lanka
Annual Report 2008