2. Sections 39, 40, 41, 42 and 43 of the Fisheries and Aquatic Resources Act, No. 2 of 1996 (hereinafter referred to as the " principal enactment") are hereby repealed and the following sections substituted therefor :-
| 39.
| | (1) No person shall set up, operate or engage in any aquaculture operation except under the authority of a licence issued by the Director-General for that purpose. | | |
| | (2) The Director-General shall have the power to delegate in writing to any Licensing Officer appointed under section 40, his authority under subsection (1) to issue licences in respect of aquaculture operations. | | |
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| 40.
| | (1) The Director-General shall appoint in respect of each Administrative District, one or more persons as Licensing Officers, from among persons who are nominated for that purpose under section 14A of the National Aquaculture Development Authority of Sri Lanka Act, No. 53 of 1998, by the Director- General of the Authority. | | |
| | (2) An officer appointed as a Licensing Officer under subsection (1) shall perform such duties as may be delegated to such officer in writing by the Director-General under subsection (2) of section 39. The Licensing Officer shall in the performance of his duties, be subject to the general direction and supervision of the Director-General. | | |
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| 41.
| | (1) Every application for the issue of a licence under section 39 shall be made in the prescribed form to the appropriate Licensing Officer appointed for the Administrative District within which the aquaculture operation is proposed to be set-up, operated or engaged in. | | |
| | (2) Every application submitted under subsection (1) shall contain complete and accurate information of all required particulars and be accompanied by the prescribed fee. | | |
| | (3) The Licensing Officer may, having considered the information and particulars contained in an application submitted under subsection (1), and where the applicant has fulfilled the requirements as prescribed pertaining to suitability to be issued with a licence under section 39, issue such licence to the applicant. | | |
| | (4) An application found to contain false, misleading or incorrect information or particulars shall be rejected. | | |
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| 42. A licence issued under section 41, shall-
| | (a) be in such form as the Director-General may determine in consultation with the Authority; | | |
| | (b) be subject to such terms and conditions as specified in the licence; | | |
| | (c) become operative from such date as shall be specified in the licence; and | | |
| | (d) unless earlier revoked, be in force for the period as specified in the licence. | | |
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| 43.
| | (1) A licence issued under section 41 may be renewed upon an application being submitted for that purpose in the prescribed form to the appropriate Licensing Officer, accompanied by the prescribed renewal fee, not less than thirty days prior to the date of expiration of the licence previously issued. | | |
| | (2) The Licensing Officer may renew a licence on receipt of an application under subsection (1), where-
| | | (a) the licensee has not violated or done anything in contravention of the terms and conditions of the licence issued; |
| (b) the licensee has not contravened any provisions of this Act or any regulations made thereunder; |
| (c) the licensee has not contravened any provisions of the National Aquaculture Development Authority of Sri Lanka Act, No. 53 of 1998 or any regulations made thereunder; or |
| (d) the continuation of the aquaculture operation concerned will not have any adverse impact on the environment. |
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| | (3) The provisions of section 42 shall apply in respect of a licence issued on renewal under this section.". | | |
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Sri Lanka Consolidated Acts