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Beaches belong to all: Coast Conservation Act to be amended to curb private encroachments
View(s):By Dilushi Wijesinghe
The country’s current Coast Conservation Act has not kept pace with new developments such as surfing, paragliding and other recreational activities that have become hugely popular over the past two decades.
The Coast Conservation and Coastal Resource Management Department is therefore now working on amendments to update the Act and close legal gaps, Director General and Professor in Oceanography Terney Pradeep Kumara said.
Among other concerns, the department’s Director General stressed that Sri Lanka’s beaches cannot be claimed by hotels or individuals, as beaches are public property protected under law.
Prof. Terney explained that despite the existence of legislation since 1981 awareness among the public and enforcement against encroachments have been limited. He noted that some hotels and private parties continue to fence off or control access to beach areas, often using security personnel to restrict entry.
Sri Lanka’s beaches cannot be claimed by hotels or individuals, as beaches are public property protected under law. Pic by Eshan Fernando
“The public must first know their rights,” he said. “The law is clear that the beaches are for everyone, and no one can market or fence it off for private use.” The Conservation Act states, “The administration, control, custody and management of the coastal zone are hereby vested in the republic.”
However, under existing provisions, hotels or private parties may hire sections of a beach temporarily for events such as weddings or functions, typically for a day or half a day, provided prior approval is obtained from the department and payments are made.
Additionally, strictly short-term arrangements can also be made, but permanent restrictions are illegal. “A government agent or other prescribed officer may issue permits for the occupation for any period not exceeding one year of any part of the foreshore or bed of the sea,” the Crown Lands Ordinance states.
Special provisions are being considered for high-level visitors, including foreign dignitaries and celebrities, who may require privacy and security in remote areas. In such cases, limited access may be permitted for a specified period, subject to payments and strict conditions. “If a celebrity visits, there must be measures for their privacy. But this will not affect local communities and will apply only to selected resorts in isolated areas,” he clarified.
When encroachments are reported, the department notifies the hotel or individual to remove barriers. If they fail to comply, the department is empowered to initiate legal proceedings. “At first we use minimum power. If they continue, we can go to court. We also have authority to forcefully reopen beaches if they remain blocked without permission,” Prof. Terney said.
A structured awareness campaign by the department to inform both the public and hoteliers is currently underway. The campaign includes distribution of brochures, public notices, and detailed guidelines on permissible beach use.
Notably, this will stress environmental protection, with some coastal stretches reserved as turtle nesting zones and others maintained as “no dumping” areas. “If you have a party on the beach, you must clean up and leave it exactly as it was,” he said. “Beaches are not dumping grounds. Whatever you bring in, you must take out.”
Prof. Terney emphasised that misusing beaches threatens ecosystems and undermines sustainable tourism. “We want beaches that are clean, healthy and safe for all. They must serve tourism, fisheries, development and the environment but always remain accessible to the people,” he said.
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