Explorations

Exploration and Documentation Division

Objectives

To identify the archeological heritage of Sri Lanka through exploration
To document movable and immovable archaeological properties in Sri Lanka
To implement the provisions of the Antiquities Ordinance
To implement the provisions of the cultural properties act
To protect the archaeological heritage of Sri Lanka

Main functions of the Exploration Division

To conduct special and urgent explorations
To declare archaeological reserves
To declare archaeological reserves and protected monuments
To prevent the destruction of antiquities
To conduct archaeological impact assessment surveys
To collect geographical information with regard to archaeological sites and monuments and prepare maps
To conduct oceanic explorations
To plan the exploration of the ancient irrigational heritage and to ensure its protection
To plan activities to be carried out
To provide solutions to problems regarding archaeological sites and monuments in various districts and maintain files related to quarries

Conducting Special and Urgent Explorations

It is of utmost importance to identify archaeologically significant locations to carry out activities such as conservation, exhibition, research or excavation. Ancient sites and monuments are documented in detail and reports are compiled in addition to making reports of sites that need to be reported urgently owing to urgent needs.

Role of the Exploration and Documentation Division

Archaeology Reserves

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Necessary steps are taken in terms of the provisions of Antiquities Ordinance No. 9 of 1940. Details are given in sections 33, 34 and 35. Section 33 of the Antiquities Ordinance specifies the details of archaeological reserves.

The Commissioner of Archaeology may with the approval of the Commissioner of Lands or if approval is refused by the Commissioner of Lands, with the approval of the Minister in charge of the subject of lands, declare by notification published in the gazette, any specified area of that land to be an archaeological reserve for the purpose of this ordinance. Any area of state land reserved for archaeological purpose before the date on which this Ordinance comes into operation, whether by notification in the gazette or otherwise, should be deemed as an archaeological reserve.

Under Section 33 of the Antiquities Ordinance, any person (other than the Commissioner of Archaeology or a person acting in accordance with his orders) who clears for cultivation or cultivates only part of an archaeological reserve or fells or otherwise destroys any tree standing on any such reserve or otherwise encroaches on any such reserve, shall be guilty of an offence after summary trial before a magistrate. This course of action is possible only with lands regarding which settlements have been reached or government acquired lands.

Where no appeal has been preferred against the conviction of any person of an offence under Section 34, or where an appeal has been preferred, after the final judgement or order of the court of Appeal or the Supreme Court, as the case may be, affirming the conviction, the Magistrate may on the application of the Commissioner of Archaeology make order to eject the person convicted from the Archaeological reserve and handover the possession of the reserve to the Commissioner of Archaeology or his representative. The fiscal or peace officer shall make due return to the Magistrate’s Court of the manner in which he executed the order.

The fiscal or peace officer or any officer authorized by either of them, may use such force as may be necessary to enter the archaeological reserve, to eject the person convicted and to deliver possession of the archaeological reserve to the Commissioner of Archaeology or his representative. Sections 33, 34 and 35 of the Antiquities Ordinance number 09 of 1940 specify the relevant procedures with regard to the acquisition of Archaeological site.

Declaring Archaeological Reserves

When a land is identified as having antiquities on it, such land, be it state or private owned, may be declared an archaeological reserve with a view to preventing unauthorized cultivations, settlements and constructions and to assure it’s sustainability.

Identification of the Site
- Obtaining an observation report from the regional office
- Sending for the relevant plans and survey plans
Ascertaining from the Divisional Secretariat Office, whether the land is a state or private land,
- In the event of a private land, ascertaining the ownership of the owner
- In the event of a state land, enquiring about the relevant land
- Sending for the plans and survey plans of the land from the said institution
- To acquire a private land, the owner's consent must be obtained
- He/ she has to be paid compensation
- For the above purpose, a valuation report must be obtained from the relevant Divisional Secretariat
- The Divisional Secretary has to issue a survey order
- Upon obtaining the valuation report from the Divisional Secretariat, approval must be obtained from the Secretary to the Ministry through the Head of the relevant institution
- For this, the relevant forms must be filled
- If it is valued at one million rupees or less, the approval of the relevant Minister, and beyond that the approval of the Cabinet of Ministers must be obtained
- Subsequently, the Divisional Secretary has to pay compensation and prepare the draft in all three languages, to declare that the relevant land is an archaeological reserve
- The draft, thereafter, has to be sent to the Legal draftsman and then have it printed by the Government printer
- If a protest is lodged, it too must be accommodated
- In the event of a State land, the approval of the Commissioner General of Land must be obtained following an agreement with the institution that owns the relevant land
- Then, it should be declared an archaeological reserve in the above way
- If there are unauthorized settlers on such a state land, they have to be evicted upon an eviction order

In the case of some state lands for which compensation has to be paid, the same procedure, set out above must be followed.

The following are the relevant government institutions

Divisional Secretariat
Provincial Council
Pradeshiya Sabha (Local Government bodies)
Mahaweli Authority
Department of Commissioner of lands
Department of Land Reclamation
Department of Forest Conservation
Department of Wildlife Conservation
Ministry of Land

Declaring of Ancient Monuments

In terns of Sections 16, 17 and 18 and 19 of the Antiquities Ordinance number 9 of 1940, the Minister in charge of the subject may declare ancient monuments by notification published in the Gazette.
In terms of the Provisions of the Antiquities (amendment) Act No. 24 of 1988, ancient erections with historical and archeological value which are over 100 years of age are declared as ancient monuments.
Under sections 16 and 17 of the Antiquities Ordinance of 1940 ancient buildings on State lands or ancient trees growing on state or private land, may be declared as ancient monuments to provide safety and protection to such buildings and trees.
Ancient constructions on private lands may, in terms of the section 19 of the ordinance, be declared as protected monuments upon calling of objections.
Section 21 states that formal approval of the Department of Archeology is inevitable to carry out any work of restoration, addition or conservation on those sites once they are declared as archeological monuments.
Any person who destroys, damages or distorts a declared monument, shall be guilty of offence under this ordinance and be liable to a punishment, following a trial before a magistrate, of a fine not less than 50,000 rupees and not exceeding 250,000 rupees or a jail term not less than 2 years and not exceeding 5 years or both. The law further defines that an offender may not be granted bail until the date of closure of the trail.
Orders have been made under section 24 (1) of the above ordinance with the objective of preventing threats to the antiquities and archeological value of the declared monuments, taking into consideration the sites and their neighboring environment. Further within a prescribed distance of 400 meters, the erection of buildings, quarrying, mining 01 blasting may be banned.

Archaeological Impact Assessment Surveys

It is mandatory for an archaeological impact assessment to be obtained with regard to any proposed development project to be carried out on a land of over 0.25 hectares in extent.

The archaeological impact assessment process checks if there are any artifacts on the land on which the development project is to be carried out, and if artifacts do exist, the impact on them by the due project should be described while stating the alternative studies to be carried out as well as the due reports to be provided.

The law in Sri Lanka with regard to the archaeological impact assessment survey is as follows :

The orders published in the gazette notification number 1152/14 dated 04.01.2004, made by the Minister of Cultural and Religious Affairs under Section 47, to be read with the Section 43(b) of the Antiquities (Amendment) act No. 24 of 1998, spells them out. These orders are called procedural orders of No. 01 Projects of 2000.

Accordingly, prior to carrying out all types of projects listed below, written permission of the Department of Archaeology must be obtained.

01.	(a)	To develop transport systems
		1.	To construct national or provincial roads
		2.	To construct railway tracks
		3.	To construct Airports and runways or to expand them

	(b)	To develop irrigational projects
		1.	To construct or repair tanks
		2.	To construct or repair waterways and streams

	(c)	To generate and transmit electricity
	(d)	To develop agricultural projects
	(e)	To re-settle projects
	(f)	To set up industrial machinery or develop industries and gardens
	(g)	To develop re-creation industry
	(h)	To fill lands or wetlands.
	(i)	To submerge lands or wetlands.
	(j)	To clear lands exceeding two hectares in extent.

02.	(a)	To construct housing complexes
	(b)	To construct hotels and all other commercial buildings as determined by the Urban Development Authority set up under the Urban Development Act No. 41 of 1978 of the National State Council
	(c)	To implement integrated multipurpose development activities including houses, industries and commercial infrastructure facilities
	(d)	To clear all lands exceeding two hectares in extent

03.	To clear natural cares, dens and the inner side of caves which have a natural land exceeding twenty five square meters and constructions

04.	To make excavations exceeding 500 meters for purposes of laying conduit pipes for drainage, water, gas, electricity and telephones

05.	To quarrying and blasting stones to leach stone, gravel, minerals, or soil
	(a)	To identify reserves the exceed 0.25 hectares on the crust of the land in the inner part of the country and do mining
	(b)	To do all kinds of mining and mineral leaching activities off the shore

06.	To clear lands and damage the sea bed to construct or expand harbors or ports

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Exploration and Documentation Division

Objectives

Main functions of the Exploration Division

Conducting Special and Urgent Explorations

Role of the Exploration and Documentation Division