English - Convention on Biological Diversity

laws concerning access to genetic resources, the existing legal framework arsing from the Flora and Fauna ProtectionOrdinance and the Forest Ordinance covers the granting or denial of a legitimate application made to the Governmentof Sri Lanka for Transfer/Access of Genetic Resources by another Country Party to the CBD as well as natural and legalpersons from these countries. This also covers similar requests from other “non-CBD Party” countries.TABLE 3.2: The main legislation relating to environmental conservation and management inSri La nk aLegislationConservation measuresThe Forest Ordinance No. 16 of1907, and its subsequentamendments, including Act no 23 of1995.(a new Forest ConservationAct is in the draft stage).The Fauna and Flora ProtectionOrdinance No. 2 of 1937, andsubsequent amendments includingAct of 2009.Felling of Trees Control Act No. 9 of1951.The National Heritage WildernessArea Act No. 3 of 1988.Soil Conservation Act, No. 25 of1951; amended in 1996.The Forest Department is responsible for the implementation of this law(FO) which has been subject to many revisions to make provision for theprotection of state forests from unlawful felling, clearing, encroachment,removal of produce, etc; the declaration of forests as Reserve Forests: thecontrol of felling and other forms of exploitation in forests; and thetransportation of timber. The 1995 amendment has created ConservationForests. While encroachment and illicit felling of timber from Wet Zoneforests has been largely controlled, some illicit activities continue in Stateforests.The Department of Wildlife Conservation is primarily responsible for theimplementation of this law (FFPO) which recognises six categories ofwildlife reserves. This Act, besides protecting animal and plant life withinthe national reserves, has provision to protect certain categories of animalsand plants wherever they are found and states the penalties for violation ofthe law. For post faunal groups there is negative listing so that mostspecies un the vertebrate groups are protected. The Act also lists penaltiesfor violation of the law. However, enforcement of this Act remains weakwith respect to protection of all species listed under this Act. In contrast,the Act requires a permit for export of any wild plant or animal or theirparts, and this is enforced by the Customs Department at ports of exit fromthe country.The Forest Department is the implementing agency for this act, whichmakes provision for the prohibition, regulation or control of the felling ofspecified valuable tree species, including cultivated species such as jakfound in home gardens. This Act is largely ineffective with respect tocultivated species, particularly in urban areas.The Forest Department is the implementing agency for this act, which wasenacted to enable the preservation of unique natural ecosystems under thejurisdiction of the Forest Department and the genetic resources in them.Only the Sinharaja forest has been declared under this Act.This Act empowers the Director of Agriculture to undertake surveys andinvestigations for the purposes of ascertaining the nature and extent ofland degradation due to various factors including floods, droughts,salinisation, desertification, siltation and soil erosion measures on awatershed basis. Implementation of this Act is weak.Coast Conservation Act No. 57 of1981, and the amendment ActNo.64 of 1988.This Act requires the Coast Conservation Department to survey the CoastalZone and inventory the resources available therein, including coastalecosystems and material regularly removed for commercial or industrialpurposes from this area, and to draw up Coastal Zone Management Plansperiodically. The Act vests the administration, custody and management ofthe coastal zone in the island, while the responsibility of administering andimplementing the Act devolves on the Director of the Coast ConservationDepartment who has to issue permits for all development activitiesundertaken within the area designated by law as the coastal zone. Thisrequires calling for an Environmental Impact Assessment (EIA) beforepermitting any such activities.Fourth National Report to the CBD: Sri Lanka 59