Sri Lanka Consolidated Acts

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Fisheries (Regulation Of Foreign Fishing Boats) Act (No. 59 of 1979) - Sect 26

Minister's power to make regulations

26.
(1) The Minister may make regulations for the purpose of carrying out and giving effect to the principles and provisions of this Act.
(2) In particular, and without prejudice to the generality of the powers conferred by subsection (1), the Minister may make regulations for, or in respect of, all or any of the following matters : -
(a) the manner in which the fishing gear of foreign fishing boats shall be stowed, when prohibited from fishing in Sri Lanka waters;
(b) the form of applications for a permit under section 6, the particulars to be contained in such applications, and the manner in which such applications shall be made;
(c) the forms of permits issued under section 6 and the fees to be paid therefor ;
(d) the conditions to be attached to a permit issued under section 8, including conditions relating to
(i) the appointment by permit holders, of authorized local representatives or agents in Sri Lanka in respect of fishing operations;
(ii) the maintenance by permit holders, of bonds and other forms of security for the fulfilment of the conditions attached to the permit;
(iii) the requirements to be observed by the boat in respect of which the permit is issued, while such boat is in Sri Lanka waters ;
(iv) the maintenance by the boat in respect of which the permit is issued, of log books and other records of position, catch and fishing efforts and of the transporting and processing operations carried out by such boat;
(v) furnishing by the permit holder, of statistical and other information, including statistics relating to catch and effort and of reports as to the position of the boat;
(vi) the marking of the boat in respect of which the permit is issued, and the installation and maintenance on board such boat, of transponders and other equipment for the identification and location of boats and of adequate navigational equipment to enable boats to fix their positions themselves ;
(vii) the provision of facilities by the permit-holder, for the placing of trainees and other personnel on board the boat in respect of which the permit is issued ;
(viii) the employment of Sri Lanka citizens on board the boat in respect of which the permit is issued;
(ix) the placing the Sri Lanka observers on board the boat in respect of which the permit is issued ;
(x) the compliance by the boat in respect of which the permit is issued, with directions, instructions or other requirements given by authorised officers acting in pursuance of the powers conferred on them by this Act or by any other law.
(e) the procedures to be conformed to by foreign capital investment in fisheries, including joint-venture-proposals ;
(f) the conditions under which foreign fishing boats shall be allowed to enter into Sri Lanka ports, whether for inspection of the catch or for other purposes ;
(g) the Sri Lanka waters within which a foreign fishing- boat may be authorized by a permit issued under section 8, to be used for fishing and related activities;
(h) the procedures to be adopted by an authorized officers in effecting the seizure of a foreign fishing boat under section 13 ;
(I) provision that the contravention of, or failure to comply with, any regulation made under this section shall be an offence under this Act triable by a Judge of the High Court without a jury and punishable with a fine not exceeding one million rupees ;
(j) any other matter which is required or authorized by this Act to be prescribed.
(3) Every regulation made by the Minister shall be published in the Gazette and shall come into operation on the date of such publication or on such later date as may be specified in the regulation.
(4) Every regulation made by the Minister shall, as soon as convenient after its publication in the Gazette, be brought before Parliament for approval. Any regulation which is not so approved shall be deemed to be rescinded from the date of disapproval but without prejudice to anything previously done thereunder.
(5) Notification of the date on which any regulation is so deemed to be rescinded shall be published in the Gazette.


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