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DR 16/2010

WILDLIFE CONSERVATION BILL 2010

ARRANGEMENT OF CLAUSES

PART I

PRELIMINARY

Clause

1. Short title and commencement

2. Application

3. Interpretation

PART II

APPOINTMENT OF OFFICERS, ETC.

4. Appointment of officers, etc

5. Delegation of powers

6. Power of Minister to give directions

7. Power of the Director General to issue orders

8. Carrying and use of arms

PART III

LICENSING PROVISIONS

Chapter 1

Requirement for licence, etc

9. Requirement for licence

10. Requirement for permit

11. Requirement for special permit

Chapter 2

Application for licence, etc

12. Application for licence, etc

13. Additional information or document

14. Grant of licence, etc

15. Power to impose additional conditions and to vary or revoke conditions

16. Validity of licence, etc

17. Carrying or displaying licence, etc

18. Change of particulars

19. Loss of licence, etc

20. Replacement of licence, etc

21. Assignment of licence, etc

22. Return of licence, etc, upon expiry

23. Suspension or revocation of licence, etc

24. Licence, etc, to be void

25. Appeals

Chapter 3

Miscellaneous

26. Hunting by means of shooting

27. No licence during close season

28. Prerequisites to operate zoo, etc

29. Prohibition of possessing, etc, snares

30. Offspring of totally protected wildlife be deemed protected wildlife

31. Barred from holding licence, etc

32. Limitation on granting licence or permit

33. Registers

34. Power of Director General to prescribe rules

35. Power of Director General to prescribe conditions

PART IV

DUTIES AND OBLIGATIONS OF LICENSED HUNTER, ETC

36. Licensed hunter to record certain particulars

37. Licensed dealer to keep record

38. Licensed taxidermist to keep record

39. Receipt of wildlife to be prepared, etc., by licensed taxidermist

40. Sale of protected wildlife by licensed hunter

41. Sale of birds’ nest by birds’ nest collector

42. Purchase of protected wildlife by licensed dealer or licensed taxidermist

43. Period during which wildlife may be sold by licensed dealer

44. Issue of receipt

45. Wildlife tagging

46. Keeping wildlife at other premises

PART V

WILDLIFE RESERVES AND WILDLIFE SANCTUARIES

47. Declaration of wildlife reserves and wildlife sanctuaries

48. Permits to enter wildlife reserves and wildlife sanctuaries

49. Prohibition of certain acts in wildlife reserves and wildlife sanctuaries

PART VI

GENERAL EXCEPTIONS AND PRESUMPTIONS

50. Hunting, etc, for the purpose of conservation

51. Aborigine may hunt certain wildlife

52. Officers may hunt wildlife

53. Owner or occupier of land may use birdlime to destroy grain-eating birds

54. Capturing or killing of wildlife for protection of crops

55. Wildlife which is an immediate danger to human life may be killed

56. Presumption of attempting to hunt if decoy is used

57. Presumption of using snare

58. Presumption against occupier

59. Presumptive evidence

PART VII

OFFENCES AND PENALTIES

Chapter 1

Offences relating to licence

60. Hunting, etc, protected wildlife without licence

61. Hunting, etc, immature protected wildlife without licence

62. Hunting, etc, female of protected wildlife without licence

63. Carrying out business of dealing, etc, without licence

64. Collecting birds’ nests without licence

65. Importing, etc, protected wildlife without licence

Chapter 2

Offences relating to permit

66. Operating zoo, etc, without permit

67. Carrying out research or study without permit

Chapter 3

Offences relating to special permit

68. Hunting, etc, totally protected wildlife without special permit

69. Hunting, etc, immature totally protected wildlife without special permit

70. Hunting, etc, female of totally protected wildlife without special permit

71. Importing, etc, totally protected wildlife without special permit

72. Using, etc, totally protected wildlife without special permit

73. Carrying out research or study without special permit

Chapter 4

Miscellaneous

74. Damaging, etc, nest or egg of protected wildlife

75. Damaging, etc, nest or egg of totally protected wildlife

76. Hunting, etc, wildlife in wildlife reserve or sanctuary

77. Hunting wildlife during prohibited hours

78. Hunting protected wildlife during close season

79. Hunting wildlife with poison, etc

80. Hunting wildlife with arms or traps other than prescribed

81. Hunting wildlife within four hundred metres of salt lick

82. Hunting wildlife from conveyance

83. Possession of licence, etc, bearing other’s name

84. Licence, etc, kept at different address

85. Disturbing salt lick or its vicinity

86. Cruelty to wildlife

87. Things containing derivative of totally protected wildlife

88. Provocation of wildlife

PART VIII

POWERS RELATING TO ENFORCEMENT

89. Offences under Act to be seizable offences

90. Authorization of public officer

91. Authority card

92. Power of investigation

93. Power of arrest

94. Search and seizure with warrant

95. Search and seizure without warrant

96. Search of person

97. Power to enter land

98. Power to enter premises

99. Access to computerized data

100. Setting up, etc., an obstruction on road, etc

101. Power to stop, search and seize conveyance

102. Warrant admissible notwithstanding defects

103. List of things seized

104. Temporary return of conveyance

105. Disposal of seized wildlife

106. Power to require attendance of person acquainted with case

107. Examination of persons acquainted with case

108. Admissibility of statements in evidence

109. Release of things seized

110. Forfeiture of wildlife, etc, seized

111. Property in forfeited wildlife, etc

112. Cost of holding wildlife, etc, seized

113. No costs or damages arising from seizure to be recoverable

114. Obstruction to search

115. Additional powers

116. Joinder of offences

PART IX

GENERAL

117. Controlled species

118. Hybrid deemed a controlled wildlife

119. Prohibition on hybridization activity

120. Purchase of protected wildlife, etc, by persons other than licensed dealer, etc

121. Sale of wildlife unlawfully hunted

122. Report on dangerous wildlife to be made

123. Report made to public officer to be conveyed to officer

124. Offence committed by body corporate

125. General offence

126. Compounding of offences

127. Institution of prosecution

128. Protection against suit and legal proceedings

129. Public Authorities Protection Act 1948

130. Protection of informers

131. Rewards

132. Regulations

133. Power of the Minister to exempt

134. Power to amend Schedules

135. Repeal and saving provisions

136. Transitional provision

A BILL

i n t i t u l e d

An Act to provide for the protection and conservation of wildlife and for matters connected therewith.

ENACTED by the Parliament of Malaysia as follows:

PART I

PRELIMINARY

1. Short title and commencement

(1) This Act may be cited as the Wildlife Conservation Act 2010.

(2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

2. Application

(1) This Act applies to Peninsular Malaysia and the Federal Territory of Labuan.

(2) This Act does not apply to any wildlife falling within List II of the Ninth Schedule of the Federal Constitution and the Fisheries Act 1985 [Act 317].

3. Interpretation

In this Act, unless the context otherwise requires:-

"part or derivative" means any substantially complete or part or derivative of wildlife, in natural form, stuffed, chilled, preserved, dried, processed or otherwise treated or prepared which may or may not be contained in preparations, and includes:-

(a) meat, bone, hide, skin, leather, tusk, horn, antler, gland, feathers, hair, teeth, claw, shell, scale, nest and eggs;

(b) tissue, blood, fat, oil, milk, venom, saliva, urine and faeces;

(c) any compound derived from anything mentioned in paragraph (a) or (b); or

(d) any thing which is claimed by any person, or which appears from an accompanying document, the packaging, a label or mark or from any other circumstances, to contain any part or derivative of wildlife;

"immediate danger to human life" means a danger in which there is reason to believe that if any wildlife is not captured or killed, it may cause loss of human life;

"export" means to take or cause to be taken out of Malaysia by land, sea or air, any wildlife or any part or derivative of wildlife;

"re-export" means the export of any wildlife or any part or derivative of any wildlife which has been previously imported;

"hybrid" means the result of cross-breeding of:-

(a) any wildlife with any other animal; or

(b) any wildlife with other species of wildlife;

"wildlife" means any species of wild animal or wild bird, whether totally protected or protected, vertebrate or invertebrate, live or dead, mature or immature and whether or not may be tamed or bred in captivity;

"protected wildlife" means any wildlife specified in the First Schedule;

"totally protected wildlife" means any wildlife specified in the Second Schedule;

"immature wildlife" means any wildlife which does not satisfy the standard of maturity specified in the Third Schedule;

"permanent reserved forest" has the meaning assigned to it in the National Forestry Act 1984 [Act 313];

"import" means to bring in or cause to be brought into Malaysia by land, sea or air, any wildlife or any part or derivative of any wildlife;

"salt lick" includes any mineral spring or ground containing or bearing salt or any other mineral, the consumption of which is conducive to the health or well being of wildlife;

"snare" means a snare as specified in the Seventh Schedule;

"wildlife sanctuary" means an area declared under Part V as a wildlife sanctuary;

"Director General" means the Director General for Wildlife and National Parks;

"licence" means a licence granted under this Act;

"hunting" includes pursuing, trapping, capturing, taking or killing any wildlife by any prescribed means, whether or not the wildlife is then or subsequently taken, trapped, captured or killed;

"Minister" means the Minister charged with the responsibility for the protection of wildlife;

"open season" means a period during which a protected wildlife may be hunted as prescribed under this Act;

"aborigine" has the meaning assigned to it in the Aboriginal Peoples Act 1954 [Act 134];

"officer" means an officer appointed under subsection 4(1);

"licensing officer":-

(a) in relation to a licence, means a Director, a Deputy Director or an Assistant Director; and

(b) in relation to a permit or special permit, means the Director General;

"enforcement officer" means:-

(a) any officer;

(b) any police officer not below the rank of Inspector as provided for in the Police Act 1967 [Act 344];

(c) any proper officer of customs as defined in section 2 of the Customs Act 1967 [Act 235]; and

(d) any public officer authorized under section 90;

"commercial captive breeding" means breeding of wildlife in a controlled environment of parents that mated or otherwise transmitted their gametes in a controlled environment for commercial purposes;

"licensed hunter" means a person who is granted a licence to hunt any protected wildlife under this Act;

"birds’ nest collector" means a person who is granted a licence to collect birds’ nest under this Act;

"conveyance" means any vehicle, vessel, ship, aircraft and any other mode of transport whether by air, sea or land;

"Director" means the Director for Wildlife and National Parks;

"licensed taxidermist" means a person who is granted a licence to carry on taxidermy business under this Act;

"licensed dealer" means a person who is granted a licence to carry on the business of dealing under this Act;

"Assistant Director" means an Assistant Director for Wildlife and National Parks;

"permit" means a permit granted under this Act;

"special permit" means a special permit granted under this Act;

"taxidermy business" means a business involving the carrying out of the following activities:

(a) preparing, preserving, stuffing or mounting any wildlife or any part or derivative of any wildlife; or

(b) manufacturing or creating an article or thing from any wildlife or any part or derivative of any wildlife;

"business of dealing" means a business involving the carrying out of the following activities:

(a) selling any protected wildlife or any part or derivative of any protected wildlife as food or for medicinal purposes;

(b) selling or purchasing for resale any part or derivative of any protected wildlife; or

(c) housing, confining or breeding any wildlife for sale;

"controlled environment" includes an environment that is manipulated for the purpose of producing specimen of a particular species of wildlife that has boundaries designed to prevent the wildlife, eggs or gametes of the wildlife from entering or leaving that particular environment, and the general characteristics of which may include but are not limited to artificial housing, waste removal, health care, protection from predators, and artificially supplied food;

"premises" includes any house, building, hut, shed, structure, platform and land whether or not enclosed or built upon;

"poison" means any of the substances which are poisonous to any wildlife as specified in the Fourth Schedule or any other substances which are certified by a Government chemist to be poisonous to any wildlife;

"Ranger" means a Ranger for Wildlife and National Parks;

"wildlife reserve" means an area declared under Part V as a wildlife reserve;

"nest" means any abode, den or any other structure which is being constructed or is being used by any wildlife for:-

(a) procreation;

(b) the laying of eggs;

(c) the incubation of eggs;

(d) the protection of eggs or immature offspring; or

(e) the nurture of immature offspring;

"arms" has the meaning assigned to it in the Arms Act 1960 [Act 206];

"controlled species" means any species specified in the Fifth Schedule which poses a risk to the health or safety of any person or poses a risk to property, wildlife or wildlife habitat;

"State land" means a State land within the meaning of the National Land Code [Act 56/1965];

"Deputy Director General" means a Deputy Director General for Wildlife and National Parks;

"Deputy Director" means a Deputy Director for Wildlife and National Parks;

"bait" includes any sound equipment or audio-visual device, lamp, salt or sulphur used for the purpose of trapping any wildlife;

"poisoned bait" means any bait attractive to any wildlife which is coated with, immersed in, powdered with or otherwise impregnated with, poison.

PART II

APPOINTMENT OF OFFICERS, ETC

4. Appointment of officers, etc

(1) There shall be appointed a Director General, such number of Deputies Director General, Directors, Deputy Directors, Assistant Directors and Rangers as may be necessary for the purpose of this Act.

(2) The Director General shall have general control of officers appointed under this section.

(3) Every appointment under this section shall be published in the Gazette.

(4) All officers appointed under this section shall be deemed to be public servants within the meaning of the Penal Code [Act 574].

(5) The Director General and Deputies Director General shall have all the powers and discretions vested in the Director by this Act.

5. Delegation of powers

(1) The Director General may, in writing, delegate any of the powers or duties assigned to him under this Act to any officer, subject to such terms and conditions as he thinks fit.

(2) A delegation under this section shall not preclude the Director General himself from performing or exercising at any time any of the powers or duties so delegated.

6. Power of Minister to give directions

The Minister may give general directions to the Director General consistent with this Act as to the exercise of the powers conferred on, or the duties to be discharged by, the Director General or any other officer.

7. Power of the Director General to issue orders

The Director General may issue administrative orders, consistent with the provisions of this Act in respect of the general control, training, duties and responsibilities of officers and for such other matters as may be necessary or expedient for the purpose of carrying out the provisions of this Act.

8. Carrying and use of arms

Subject to the administrative orders of the Director General, an officer may carry and use arms in the exercise of the powers and duties under this Act.

PART III

LICENSING PROVISIONS

Chapter 1

Requirement for licence, etc

9. Requirement for licence

(1) Subject to the provisions of this Act, no person shall:-

(a) hunt or keep any protected wildlife;

(b) take or keep any part or derivative of any protected wildlife;

(c) collect birds’ nests;

(d) carry on the business of dealing;

(e) carry on the taxidermy business;

(f) import, export or re-export any protected wildlife or any part or derivative of any protected wildlife,

unless he holds a licence granted under this Act.

(2) For the purpose of paragraph (1)(d), a separate licence is required for each activity of dealing.

(3) A person who intends to carry on the business of dealing or taxidermy business at more than one place of business shall apply for a separate licence for each of the place of business.

10. Requirement for permit

(1) Subject to the provisions of this Act, no person shall:-

(a) operate a zoo;

(b) operate a commercial captive breeding;

(c) operate a circus or wildlife exhibition;

(d) carry out research or study on any protected wildlife,

unless he holds a permit granted under this Act.

(2) Where the zoo, commercial captive breeding, circus or wildlife exhibition operation involves any totally protected wildlife, the person shall obtain a special permit pursuant to section 11 in respect of the totally protected wildlife.

11. Requirement for special permit

Subject to the provisions of this Act, no person shall:-

(a) hunt or keep any totally protected wildlife or take or keep any part or derivative of any totally protected wildlife;

(b) import, export or re-export any totally protected wildlife or any part or derivative of any totally protected wildlife;

(c) hunt any protected wildlife during the close season;

(d) carry on research or study on any totally protected wildlife;

(e) use any totally protected wildlife for his zoo, circus or wildlife exhibition operation or commercial captive breeding,

unless he holds a special permit granted under this Act.

Chapter 2

Application for licence, etc

12. Application for licence, etc

(1) A person may apply for a licence or permit to be granted to him by submitting to the licensing officer an application in such form and manner as determined by the Director General.

(2) A person may apply for a special permit to be granted to him by submitting a written application to the licensing officer stating the grounds for making the application.

(3) An application under this section may be withdrawn at any time before it is approved or refused.

13. Additional information or document

(1) The licensing officer may, at any time after the receipt of an application under section 12, request the applicant to give to the licensing officer, within the period specified in the request, additional information or document on the application.

(2) If the additional information or document required under subsection (1) is not provided by the applicant within the period specified in the request or any extension of time granted by the licensing officer, the application shall be deemed to be withdrawn and shall not be further proceeded with, but without affecting the right of the applicant to make a fresh application.

14. Grant of licence, etc

(1) The licensing officer may, after considering the application made under section 12, approve or refuse the application.

(2) In the case of an application for a special permit, the licensing officer may approve the application only after obtaining the approval of the Minister.

(3) Where an application for a licence, permit or special permit is approved, the licence, permit or special permit shall be granted upon payment of the prescribed fee.

(4) A licence, permit or special permit may be granted subject to such conditions or restrictions as the licensing officer thinks fit to impose.

(5) The decision of the licensing officer to grant or not to grant a licence, permit or special permit shall be communicated to the applicant by notice in writing as soon as practicable.

15. Power to impose additional conditions and to vary or revoke conditions

(1) The licensing officer may at any time:-

(a) impose any additional conditions on the licence, permit or special permit; or

(b) vary or revoke any conditions imposed on the licence, permit or special permit.

(2) Where the licensing officer intends to take action under subsection (1), he shall give the holder of a licence, permit or special permit a written notice of his intention to do so and an opportunity to make written representations within the period specified in the written notice.

(3) After the expiry of the period specified in the notice, and after considering any representation made by the holder of a licence, permit or special permit, the licensing officer shall decide whether to impose, vary or revoke any condition under subsection (1).

(4) The licensing officer shall give the holder of a licence, permit or special permit a written notice of his decision under subsection (3) as soon as practicable and the decision shall take effect on a date to be specified in the written notice.

16. Validity of licence, etc

A licence, permit or special permit, unless sooner suspended or revoked, shall be valid for such period as may be specified in the licence, permit or special permit.

17. Carrying or displaying licence, etc

(1) A holder of a licence, permit or special permit shall, as the case may be:-

(a) carry the licence or special permit while hunting any wildlife or taking any part or derivative of any wildlife;

(b) display the licence at a conspicuous place at his place of business, if he is a licensed dealer or licensed taxidermist; or

(c) on demand by an officer, produce the licence, permit or special permit for inspection.

(2) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.

18. Change of particulars

A holder of a licence, permit or special permit shall, when there is any change of any particulars recorded in his licence, permit or special permit, immediately inform the licensing officer of such change.

19. Loss of licence, etc

Where a licence, permit or special permit is lost, the holder of the licence, permit or special permit shall:-

(a) immediately lodge a police report of the loss;

(b) immediately inform the licensing officer of the loss; and

(c) stop any activity authorized under the licence, permit or special permit until he obtains a copy of the licence, permit or special permit under section 20.

20. Replacement of licence, etc

(1) Where a licence, permit or special permit is lost, defaced or damaged, the holder of the licence, permit or special permit may apply for a copy of the licence, permit or special permit from the licensing officer and the application shall be accompanied with a prescribed fee and:-

(a) in the case of a lost licence, permit or special permit, a copy of the police report pertaining to the loss; or

(b) in the case of a defaced or damaged licence, permit or special permit, the original licence, permit or special permit.

(2) The licensing officer may approve or refuse the application under subsection (1).

(3) Where the licensing officer approves the application, he shall issue a copy of the licence, permit or special permit with the word "DUPLICATE" endorsed on the copy of the licence, permit or special permit.

21. Assignment of licence, etc

(1) A holder of a licence, permit or special shall not assign any right, duty, liability or obligation under his licence, permit or special permit to any other person.

(2) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.

22. Return of licence, etc, upon expiry

(1) A holder of a licence, permit or special permit shall return his licence, permit or special permit to the licensing officer within fourteen days after the date of its expiry.

(2) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.

23. Suspension or revocation of licence, etc

(1) Subject to subsection (2), a licensing officer may suspend or revoke a licence, permit or special permit if he is satisfied that:-

(a) the holder of the licence, permit or special permit has breached any conditions specified in the licence, permit or special permit;

(b) the holder of the licence, permit or special permit has failed to comply with any provisions of this Act or any of its subsidiary legislation;

(c) the holder of the licence, permit or special permit has been convicted of an offence under this Act or any of its subsidiary legislation; or

(d) the granting of the licence, permit or special permit was induced by a false representation of fact by or on behalf of the holder of licence, permit or special permit.

(2) The licensing officer shall not suspend or revoke the licence, permit or special permit unless the licensing officer is satisfied, after giving the holder of the licence, permit or special permit an opportunity of making any representation in writing he may wish to make, that the licence, permit or special permit should be suspended or revoked.

(3) Where a licence, permit or special permit is suspended or revoked, it shall have no effect during the period of suspension or from the date of revocation, as the case may be.

(4) Where a licence, permit or special permit is revoked under subsection (1), the holder of the licence, permit or special permit shall immediately surrender the licence, permit or special permit to the licensing officer.

(5) The decision of the licensing officer to suspend or revoke a licence, permit or special permit or not to suspend or revoke a licence, permit or special permit shall be communicated to the holder of the licence, permit or special permit by notice in writing as soon as practicable.

24. Licence, etc, to be void

Any licence, permit or special permit granted in contravention of the provisions of this Act shall be void.

25. Appeals

(1) A person who is aggrieved:-

(a) by the refusal of the licensing officer to grant a licence, permit or special permit; or

(b) by the suspension or revocation of his licence, permit or special permit,

may, within thirty days after being informed in writing of the refusal, suspension or revocation, appeal in writing against such decision to the Minister.

(2) The Minister may, after considering an appeal made under subsection (1), confirm or set aside the decision appealed against, and the decision of the Minister shall be final.

Chapter 3

Miscellaneous

26. Hunting by means of shooting

A licence or special permit to hunt any wildlife by means of shooting shall only be granted if the person applying for the licence or special permit holds an arms licence issued under the Arms Act 1960 and the arms licence is produced when applying for the licence or special permit.

27. No licence during close season

Save as provided in section 11, no licence shall be granted to hunt any protected wildlife during close season.

28. Prerequisites to operate zoo, etc

The licensing officer shall not grant a permit to operate a zoo, commercial captive breeding, circus or wildlife exhibition, unless he is satisfied that:-

(a) the establishment or continuity of the establishment of the zoo, commercial captive breeding, circus or wildlife exhibition will not bring ill effects to the health or safety of any person or community in the surrounding area;

(b) there is prepared an emergency plan relating to plague, natural disaster and accidental release of any wildlife; and

(c) the person has never been previously convicted of an offence under this Act or any of its subsidiary legislation or any other written law related to cruelty to animals.

29. Prohibition of possessing, etc, snares

(1) No person shall:-

(a) possess or keep any snare; or

(b) set, place or use any snare for the purpose of hunting any wildlife.

(2) Any person who contravenes subsection (1) commits an offence and shall, on conviction:-

(a) in relation to an offence under paragraph (a), be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both; and

(b) in relation to an offence under paragraph (b), be liable to a fine of not less than fifty thousand ringgit and not more than one hundred thousand ringgit and to imprisonment for a term not exceeding two years.

30. Offspring of totally protected wildlife be deemed protected wildlife

An offspring of a totally protected wildlife which is bred in captivity for commercial purposes shall be deemed a protected wildlife and shall be subject to a licence or permit, as the case may be.

31. Barred from holding licence, etc

Where a person has been convicted of an offence under this Act or any of its subsidiary legislation, he may be barred from holding any licence, permit or special permit for a period not exceeding five years commencing on the date when the proceedings in respect of the conviction is finally concluded.

32. Limitation on granting licence or permit

(1) The licensing officer may grant licences or permits according to the prescribed quota.

(2) Notwithstanding subsection (1), the licensing officer with the approval of the Minister may, from time to time, grant licences or permits in addition to the prescribed quota.

33. Registers

The Director General shall keep and maintain registers of licences, permits and special permits granted under this Act.

34. Power of Director General to prescribe rules

The Director General may, by rules published in the Gazette, prescribe the methods and means of disposal, disease control or quarantine of, any wildlife, to be complied with by an operator of a zoo, commercial captive breeding, circus or wildlife exhibition.

35. Power of Director General to prescribe conditions

The Director General may, with the approval of the Minister, by order published in the Gazette, prescribe conditions with respect to the granting of licences, permits and special permits and without prejudice to the generality of the foregoing may in particular prescribe:-

(a) the open season and close season in respect of protected wildlife;

(b) the number of:-

(i) wildlife which may be hunted; and

(ii) part or derivative of wildlife which may be taken;

(c) the methods or means by which any wildlife may be hunted, including the type of arm or trap to be used;

(d) the times during which, and the places where, any wildlife may be hunted, or the nest or egg of any wildlife may be taken;

(e) the quota of licences and permits to be granted for:-

(i) each of the activities specified under sections 9 and 10;

(ii) each year or open season; and

(iii) each State, in respect of each protected wildlife or any part or derivative of wildlife; and

(f) the standard of maturity of wildlife which may be hunted.

PART IV

DUTIES AND OBLIGATIONS OF LICENSED HUNTER, ETC

36. Licensed hunter to record certain particulars

(1) A licensed hunter who hunts any protected wildlife or a holder of a special permit who hunts any totally protected wildlife, where applicable, shall record in the appropriate space provided in the licence or special permit:-

(a) the number, sex and species of the wildlife which was hunted;

(b) the date on which, and the locality in which, the wildlife was hunted;

(c) the methods or means by which the wildlife was hunted; and

(d) the methods and date of disposal, including the licence, permit or special permit number of the purchaser should the wildlife be sold.

(2) Any licensed hunter who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.

37. Licensed dealer to keep record

(1) A licensed dealer shall keep and maintain a record consisting of the following particulars:

(a) the number and species of wildlife (live or dead), the number of parts or derivatives of wildlife and the number of articles manufactured from any wildlife or part or derivative of any wildlife, which were purchased, acquired or sold;

(b) the name, address and licence number, of the person from whom the wildlife, parts or derivatives of wildlife or articles were bought or acquired;

(c) the name, address and licence number, if any, of the person to whom the wildlife, parts or derivatives of wildlife or articles were sold;

(d) the receipt number issued for any sale or purchase; and

(e) the date of any purchase, acquisition or sale.

(2) Any licensed dealer who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.

38. Licensed taxidermist to keep record

(1) A licensed taxidermist shall keep and maintain a record consisting of the following particulars:

(a) the date, time and person from whom the wildlife or part or derivative of the wildlife was received;

(b) the name, address and licence number of the owner of the wildlife or part or derivative of the wildlife; and

(c) the date and time the wildlife or part or derivative of wildlife is returned to the owner.

(2) Any licensed taxidermist who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.

39. Receipt of wildlife to be prepared, etc, by licensed taxidermist

(1) A licensed taxidermist shall not receive any wildlife or any part or derivative of any wildlife to be prepared, preserved, stuffed or mounted unless the person delivering the wildlife or part or derivative of the wildlife furnishes proof to the licensed taxidermist that the wildlife or part or derivative of the wildlife was lawfully taken or acquired pursuant to this Act or any of its subsidiary legislation.

(2) Any licensed taxidermist who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding than ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.

40. Sale of protected wildlife by licensed hunter

(1) A licensed hunter shall sell protected wildlife hunted or taken by him only to a licensed dealer or licensed taxidermist.

(2) Any licensed hunter who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding one year or to both.

41. Sale of birds’ nest by birds’ nest collector

(1) A birds’ nest collector shall sell birds’ nest collected by him only to a licensed dealer or licensed taxidermist.

(2) Any birds’ nest collector who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding one year or to both.

42. Purchase of protected wildlife by licensed dealer or licensed taxidermist

(1) A licensed dealer or licensed taxidermist shall purchase or acquire protected wildlife or any part or derivative of protected wildlife only from a licensed hunter, licensed dealer, licensed taxidermist, or the Director where it is sold by the Director pursuant to this Act.

(2) Any licensed dealer or licensed taxidermist who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding one year or to both.

43. Period during which wildlife may be sold by licensed dealer

(1) A licensed dealer may sell any protected wildlife during open season until the first thirty days of the close season and shall not henceforth sell the protected wildlife unless an open season is subsequently declared for the protected wildlife.

(2) Any licensed dealer who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding one year or to both.

44. Issue of receipt

(1) A licensed dealer, licensed taxidermist and birds’ nest collector shall, at the time of each sale, issue a receipt of sale to the purchaser.

(2) Any licensed dealer, licensed taxidermist or birds’ nest collector who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.

45. Wildlife tagging

(1) A holder of a licence, permit or special permit who keeps, sells, imports, exports, re-export or breeds any wildlife, as the case may be, shall tag or label such wildlife in the following manner:

(a) implantation of a scannable device in the wildlife;

(b) placement of a band on any part of the wildlife;

(c) placement, whether by piercing or otherwise, of a tattoo or ring on any part of the wildlife; or

(d) labelling or marking of a container in which the wildlife is kept.

(2) The tagging or labelling referred to in paragraphs (1)(a) to (c) shall only be performed by a person who is registered with the Director General to do so.

(3) Any person who contravenes this section commits an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding one year or to both.

46. Keeping wildlife at other premises

(1) A holder of a licence, permit or special permit who intends to keep his wildlife at any premises other than the premises specified in his licence, permit or special permit shall first obtain an approval from the licensing officer.

(2) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding one year or to both.

PART V

WILDLIFE RESERVES AND WILDLIFE SANCTUARIES

47. Declaration of wildlife reserves and wildlife sanctuaries

The State Authority may, after consultation with the Minister, from time to time by notification in the Gazette:-

(a) declare any State land to be a wildlife reserve or a wildlife sanctuary and designate the officer for the time being having the control of such reserve or sanctuary;

(b) define and alter the boundaries of the wildlife reserve or the wildlife sanctuary;

(c) in the case of a wildlife reserve, specify certain animals and birds (which are not wildlife according to this Act) as totally protected wildlife or protected wildlife (as the case may require) which shall be in addition to the lists of any wildlife specified in the Schedules to this Act.

48. Permits to enter wildlife reserves and wildlife sanctuaries

(1) No person shall enter a wildlife reserve or a wildlife sanctuary unless he first obtains a written permit from the Director authorizing him to do so.

(2) No person shall be granted a written permit authorizing him to enter a wildlife reserve or a wildlife sanctuary unless he satisfies the Director by way of a written application that he intends to enter the wildlife reserve or wildlife sanctuary for the purposes of art, science or recreation.

(3) A written permit granted under this Part shall specify the period during which the holder of the permit is authorized to enter the wildlife reserve or the wildlife sanctuary, which period shall not exceed one month but may be renewed for periods of up to one month at a time.

(4) Where a person permitted to enter a wildlife reserve or a wildlife sanctuary enters the wildlife reserve or the wildlife sanctuary, he may be required to be accompanied by a Director or by any other officer.

49. Prohibition of certain acts in wildlife reserves and wildlife sanctuaries

No person shall:-

(a) in a wildlife reserve, disturb, cut, remove or take any soil, timber or vegetation;

(b) in a wildlife sanctuary:-

(i) hunt any animal or bird;

(ii) take, disturb, damage or destroy the nest or egg of any animal or bird; or

(iii) disturb, cut, remove or take any soil, timber or vegetation.

PART VI

GENERAL EXCEPTIONS AND PRESUMPTIONS

50. Hunting, etc, for the purpose of conservation

(1) Notwithstanding anything in this Act, for the purpose of carrying any conservation activity, the Director General or any officer authorized by him may breed, keep, hunt, import, export, sell or purchase any wildlife.

(2) "A conservation activity" means an activity that relates to the protection, management and sustainable use of wildlife.

51. Aborigine may hunt certain wildlife

(1) Notwithstanding anything in this Act, an aborigine may hunt any protected wildlife as specified in the Sixth Schedule for his sustenance or the sustenance of his family members.

(2) Any protected wildlife hunted under subsection (1) shall not be sold or exchanged for food, monetary gains or any other thing.

(3) Any aborigine who contravenes this section commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.

52. Officers may hunt wildlife

Notwithstanding anything in this Act, an officer acting in good faith in the exercise of his powers under this Act may hunt any wildlife if:-

(a) the wildlife is a danger to human life or property; or

(b) it is necessary or expedient to prevent undue suffering on the part of the wildlife.

53. Owner or occupier of land may use birdlime to destroy grain-eating birds

(1) Notwithstanding anything in this Act, an owner or occupier of land may, with the written approval of the Director, use birdlime for the good faith destruction of grain-eating birds found damaging or destroying growing cereals during the period when the crop is ripe or ripening.

(2) The Director may, when giving his approval under this section, give directions:-

(a) as to the setting of the birdlime; and

(b) as to the adequate supervision and control over the use of the birdlime.

(3) An owner or occupier of land authorized to use birdlime shall comply with the directions under subsection (2).

(4) The owner or occupier of land shall, when the crop is reaped, destroy any birdlime and any container, stick or other material upon which birdlime has been used.

(5) An owner or occupier of land who contravenes this section commits an offence and shall, on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.

54. Capturing or killing of wildlife for protection of crops

(1) Notwithstanding anything in this Act, where any wildlife is causing, or there is reason to believe that it is about to cause, serious damage to crops, vegetables, fruits, growing timber, domestic fowls or domestic animals in the possession of an owner or occupier of land, the owner or occupier or his servants or any officer may capture or kill the wildlife after first using reasonable efforts to frighten away the wildlife and failing to do so.

(2) Where any wildlife has caused serious damage under subsection (1) but has ceased to do so, it shall not be captured or killed.

(3) The owner or occupier of land shall, without unnecessary delay, report to any officer the details of the occurrence, including the species of the wildlife, the damage and weapon which has been used (if any) and whether the wildlife has been captured or killed.

(4) Any person who contravenes this section commits an offence and shall, on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.

(5) Any wildlife captured or killed under this section shall be the property of the State and shall without delay be handed to an officer.

55. Wildlife which is an immediate danger to human life may be killed

(1) Notwithstanding anything in this Act, any person may kill any wildlife if the wildlife constitutes an immediate danger to human life.

(2) Where the immediate danger to human life is a result of provocation or wounding of the wildlife by the person who kills the wildlife, the person shall be absolved from guilt only in respect of killing the wildlife but he may be charged in respect of such provocation or wounding under section 88.

(3) Any person who kills any wildlife pursuant to this section shall, without unnecessary delay, report to any officer the details of the occurrence, including the species of the wildlife which has been killed and the weapon which has been used.

(4) Any person who contravenes subsection (3) commits an offence and shall, on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.

(5) Any wildlife killed under this section shall be the property of the State and shall without delay be handed to any officer.

56. Presumption of attempting to hunt if decoy is used

Where any person is found setting, placing, using or is otherwise in possession of any animal or bird, wild or otherwise, in such circumstances that there is reason to suspect that the person is using the animal or bird as decoy or bait for the purpose of attracting any wildlife, it shall be presumed that the person is attempting to hunt any wildlife.

57. Presumption of using snare

Where a person is found in possession of a snare, it shall be presumed that the snare is being used by the person for the purpose of hunting any wildlife.

58. Presumption against occupier

(1) Where any wildlife or any part or derivative of any wildlife or snare is found in any premises, it shall be presumed that the occupier of the premises is in possession of the wildlife or part or derivative of the wildlife or snare.

(2) Where there is more than one occupier in the premises, the occupier of the portion in which the wildlife, part or derivative of wildlife or snare is found shall be presumed to be the occupier for the purpose of subsection (1).

59. Presumptive evidence

Where the Director General or any person certified in writing by him to have special knowledge or skill in wildlife testifies in court under oath that any thing or object, as the case may be, is a wildlife, part or derivative of any wildlife, wildlife’s flesh, trophy, spring gun, sharpened stake, pit, drop spear, snare, bait or poisoned bait, it shall be presumed until the contrary is proven that the thing or object, as the case may be, is a wildlife or part or derivative of any wildlife, wildlife’s flesh, trophy, spring gun, sharpened stake, pit, drop spear, snare, bait or poisoned bait.

PART VII

OFFENCES AND PENALTIES

Chapter 1

Offences relating to licence

60. Hunting, etc, protected wildlife without licence

(1) Subject to subsection (2), any person who:-

(a) hunts or keeps any protected wildlife (other than immature protected wildlife or the female of a protected wildlife); or

(b) takes or keeps any part or derivative of any protected wildlife,

without a licence commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.

(2) Any person who commits an offence under subsection (1) and which offence involves Common Shama (Copsychus malabaricus), Oriental White Eye (Zosterops palpebrosa) or Hill Myna (Gracula religiosa) exceeding twenty heads, shall be punished with a fine of not less than twenty thousand ringgit and not more than fifty thousand ringgit or with imprisonment for a term not exceeding three years or to both.

61. Hunting, etc, immature protected wildlife without licence

Any person who hunts or keeps an immature protected wildlife without a licence commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.

62. Hunting, etc, female of protected wildlife without licence

Any person who hunts or keeps the female of a protected wildlife without a licence commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.

63. Carrying out business of dealing, etc, without licence

Any person who carries out business of dealing or taxidermy business without a licence commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.

64. Collecting birds’ nests without licence

Any person who collects birds’ nests without a licence commits an offence and shall, on conviction, be liable to a fine of not less than twenty thousand ringgit and not more than fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.

65. Importing, etc, protected wildlife without licence

Any person who imports, exports or re-exports any protected wildlife or any part or derivative of a protected wildlife without a licence commits an offence and shall, on conviction, be liable to a fine of not less than twenty thousand ringgit and not more than fifty thousand ringgit and to imprisonment for a term not exceeding one year.

Chapter 2

Offences relating to permit

66. Operating zoo, etc, without permit

Any person who operates a zoo, commercial captive breeding, circus or wildlife exhibition without a permit commits an offence and shall, on conviction, be liable to a fine not exceeding seventy thousand ringgit or to imprisonment for a term not exceeding three years or to both.

67. Carrying out research or study without permit

Any person who carries out a research or study on any protected wildlife without a permit commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Chapter 3

Offences relating to special permit

68. Hunting, etc, totally protected wildlife without special permit

(1) Subject to subsection (2), any person who:-

(a) hunts or keeps any totally protected wildlife (other than an immature totally protected wildlife or the female of a totally protected wildlife); or

(b) takes or keeps any part or derivative of a totally protected wildlife,

without a special permit commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.

(2) Any person who commits an offence under subsection (1) and which offence involves:-

(a) Pangolin (Manis javanica), Blood Python (Python brongersmai), Harlequin Monitor (Varanus rudicollis), Dumeril’s Monitor (Varanus dumerilli) or Clouded Monitor (Varanus bengalensis), exceeding twenty heads, shall be punished with a fine of not less than fifty thousand ringgit and not more than one hundred thousand ringgit or with imprisonment for a term not exceeding three years or to both;

(b) Crested Argus (Rheinardia ocellata), Mountain Peacock Pheasant (Polyplectron inopinatum), Great Argus (Argusianus argus), Green Peafowl (Pavo muticus), Straw-headed Bulbul (Pycnonotus zeylanicus), Rhinoceros Hornbill (Buceros rhinoceros), Great Hornbill (Buceros bicornis), Plain-pouched Hornbill (Aceros subruficollis) or Helmeted Hornbill (Rhynoplax vigil), shall be punished with a fine of not less than thirty thousand ringgit and not more than one hundred thousand ringgit and with imprisonment for a term not exceeding two years; or

(c) Serow (Capricornis sumatrensis), Gaur (Bos gaurus), Javan Rhinoceros (Rhinoceros sondaicus), Sumatran Rhinoceros (Dicerorhinus sumatrensis), Tiger (Panthera tigris), Leopard (Panthera pardus), Clouded Leopard (Neofelis nebulosa) or False Gharial (Tomistoma schlegelii), shall be punished with a fine of not less than one hundred thousand ringgit and not more than five hundred thousand ringgit and with imprisonment for a term not exceeding five years.

69. Hunting, etc, immature totally protected wildlife without special permit

Any person who hunts or keeps any immature totally protected wildlife without a special permit commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding ten years or to both.

70. Hunting, etc, female of totally protected wildlife without special permit

Any person who hunts or keeps the female of a totally protected wildlife without a special permit commits an offence and shall, on conviction, be liable to a fine not exceeding three hundred thousand ringgit or to imprisonment for a term not exceeding ten years or to both.

71. Importing, etc, totally protected wildlife without special permit

Any person who imports, exports or re-exports a totally protected wildlife or any part or derivative of a totally protected wildlife without a special permit commits an offence and shall, on conviction, be liable to a fine of not less than thirty thousand ringgit and not more than one hundred thousand ringgit and to imprisonment for a term not exceeding three years.

72.Using, etc, totally protected wildlife without special permit

 Any person who:-

(a) uses any totally protected wildlife for his zoo, circus or wildlife exhibition operation; or

(b) uses any totally protected wildlife for his commercial captive breeding operation,

without a special permit commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.

73. Carrying out research or study without special permit

Any person who carries out research or study on any totally protected wildlife without a special permit commits an offence and shall, on conviction, be liable to a fine not exceeding seventy thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Chapter 4

Miscellaneous

74. Damaging, etc, nest or egg of protected wildlife

Any person who damages or destroys the nest or egg of a protected wildlife commits an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding one year or to both.

75. Damaging, etc, nest or egg of totally protected wildlife

Any person who damages or destroys the nest or egg of a totally protected wildlife commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.

76. Hunting, etc, wildlife in wildlife reserve or sanctuary Any person who, whether he is a holder of a licence or special permit or otherwise:-

(a) hunts any wildlife; or

(b) takes, destroys or damages the nest or egg of any wildlife,

in a wildlife reserve or a wildlife sanctuary commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.

77. Hunting wildlife during prohibited hours

Any person who, whether he is a licensed hunter, holder of a special permit or otherwise, hunts any wildlife other than during the hours prescribed commits an offence and shall, on conviction, be liable to a fine not exceeding thirty thousand ringgit or to imprisonment for a term not exceeding one year or to both.

78. Hunting protected wildlife during close season

Any person who, whether is a licensed hunter or otherwise, hunts any protected wildlife during the close season commits an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding one year or to both.

79. Hunting wildlife with poison, etc

(1) Any person who, whether he is a licensed hunter, a holder of a special permit or otherwise, sets, places or uses any poison, bait, poisoned bait, birdlime or net for the purpose of hunting any wildlife commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.

(2) This section shall not apply to any public officer who places or uses any poison in the course of his official duties for the purpose of destroying agricultural pest or noxious vegetation subject to the supervision of the Director as to the setting or use of the poison.

80. Hunting wildlife with arms or traps other than prescribed

Any person, whether he is a licensed hunter, a holder of a special permit or otherwise, who hunts any wildlife with any arms or traps other than prescribed commits an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding one year or to both.

81. Hunting, etc, wildlife within four hundred metres of salt lick

Any person, whether he is a licensed hunter, a holder of a special permit or otherwise, who:-

(a) hunts any wildlife within four hundred metres of a salt lick;

(b) is in possession of any arms, bow and arrow, blowpipe, spear, catapult or any other article, which is capable of being used in hunting any wildlife within four hundred metres of a salt lick; or

(c) waits in any place, builds any platform or shelter or sets or places any trap, poison, poisoned bait, birdlime or net for the purpose of hunting any wildlife within four hundred meters of any salt lick or within any access road to a salt lick, commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.

82. Hunting wildlife from conveyance

Any person, whether he is a licensed hunter, a holder of a special permit or otherwise, who hunts any wildlife from any conveyance commits an offence and shall, on conviction, be liable to a fine not exceeding thirty thousand ringgit or to imprisonment for a term not exceeding one year or to both.

83. Possession of licence, etc, bearing other’s name

Any person who, without any reasonable cause, is in possession of, or is found to have in his premises, another person’s licence, permit or special permit, commits an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding one year or to both.

84. Licence, etc, kept at different address

A holder of a licence, permit or special permit who, without any reasonable cause, keeps his licence, permit or special permit at an address other than the address stated in his licence, permit or special permit, commits an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding one year or to both.

85. Disturbing salt lick or its vicinity

(1) Save as otherwise provided in this section, any person who disturbs:-

(a) any salt lick; or

(b) the land in the immediate vicinity of any salt lick, which land if disturbed would render the salt lick unattractive or unsafe to any wildlife, commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.

(2) For the purposes of this section, "disturb" includes to remove or agitate any soil, mineral, water, tree, shrubs, undergrowth or other vegetation in or on the salt lick or in or on the land in the immediate vicinity of the salt lick.

(3) This section shall not apply to:-

(a) the Federal Government; or

(b) any State Government,

acting, as the case may require, in pursuance of any rural development scheme, urban development scheme, forestry management scheme or industrial undertaking.

86. Cruelty to wildlife

(1) Save as otherwise provided in this section, any person who:-

(a) beats, kicks, infuriates, terrifies, tortures, declaws or defangs any wildlife;

(b) neglects to supply sufficient food or water to any wildlife which he houses, confines or breeds;

(c) keeps, houses, confines or breeds any wildlife in such manner so as to cause it unnecessary pain or suffering including the housing, confining or breeding of any wildlife in any premises which is not suitable for or conducive to the comfort or health of the wildlife;

(d) uses any wildlife for performing or assisting in the performance of any work or labour which by reason of any infirmity, wound, disease or any other incapacity it is unfit to perform;

(e) uses, provokes or infuriates any wildlife for the purpose of baiting it or for fighting with any other wildlife or animal, or manages any premises or place for any of these purposes; or

(f) wilfully does or wilfully omits to do anything which causes any unnecessary suffering, pain or discomfort to any wildlife,

commits an offence and shall, on conviction, be liable to a fine of not less than five thousand ringgit and not more than fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both.

(2) This section shall not apply to any person who wounds any wildlife in the course of lawfully hunting it under this Act.

87. Things containing derivative of totally protected wildlife

Any person who sells any thing which contains or is claimed to contain any derivative of any totally protected wildlife commits an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding one year or to both.

88. Provocation of wildlife

Any person who provokes or wounds any wildlife which consequently becomes an immediate danger to human life commits an offence and shall, on conviction, be liable to a fine not exceeding thirty thousand ringgit or to imprisonment for a term not exceeding one year or to both.

PART VIII

POWERS RELATING TO ENFORCEMENT

89. Offences under Act to be seizable offences

Every offence under this Act shall be a seizable offence for the purposes of the Criminal Procedure Code [Act 593].

90. Authorization of public officer

The Director General may, in writing, authorize any public officer to exercise the powers of enforcement under this Act.

91. Authority card

(1) The Director General shall issue to each enforcement officer and public officer authorized under section 90 an authority card which shall be signed by the Director General.

(2) Whenever such officer exercises any of the powers under this Act, he shall, on demand, produce to the person against whom the power is being exercised the authority card issued to him under subsection (1).

92. Power of investigation

(1) An enforcement officer shall have all the powers to detect and investigate the commission of any offence or suspected offence under this Act.

(2) For the avoidance of doubt, it is declared that for the purposes of this Act, an enforcement officer shall have all or any of the powers of a police officer of whatever rank in relation to police investigations in seizable cases as provided for under the Criminal Procedure Code, and such powers shall be in addition to the powers provided for under this Act and not in derogation thereof.

93. Power of arrest

(1) An enforcement officer may arrest without warrant any person whom he reasonably believes has committed or is attempting to commit an offence under this Act or any of its subsidiary legislation.

(2) An enforcement officer making an arrest under subsection (1) shall, without unnecessary delay, bring the person arrested to the nearest police station, and thereafter the person shall be dealt in accordance with the law relating to criminal procedure for the time being in force.

94. Search and seizure with warrant

(1) If it appears to a Magistrate, upon written information on oath from an enforcement officer and after such inquiry as the Magistrate considers necessary, that there is reasonable cause to believe that:-

(a) any premises has been used; or

(b) there is in any premises evidence necessary to the conduct of an investigation into,

the commission of an offence under this Act or any of its subsidiary legislation, the Magistrate may issue a warrant authorizing the enforcement officer named in the warrant, at any reasonable time by day or by night and with or without assistance, to enter the premises and if need be by force.

(2) Without affecting the generality of subsection (1), a warrant issued by the Magistrate may authorize the enforcement officer to:-

(a) search the premises for, and to seize or remove from the premises any wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing that is reasonably believed to furnish evidence of the commission of such offence;

(b) take samples of any wildlife, part or derivative of any wildlife or thing found in the premises for the purposes of ascertaining, by testing or otherwise, whether the offence has been committed; and

(c) make copies of or take extracts from any book, record, document or thing found in the premises.

(3) An enforcement officer entering any premises under this section may take with him such other person and equipment as may appear to him to be necessary.

(4) An enforcement officer conducting a search under subsection (1) may, for the purpose of investigating into the offence, search any person who is in or on the premises.

(5) An enforcement officer making a search of person under subsection (4) or section 95 may seize or take possession of, and place in safe custody all things, other than the necessary clothing found upon the person, and any of those things, which there is reason to believe were the instruments or other evidence of the offence may be detained until the discharge or acquittal of the person.

(6) An enforcement officer may, in the exercise of his powers under this section, if it is necessary so to do:-

(a) break open any outer or inner door or window of the premises or any fence, enclosure, gate or other obstruction to the premises in order to effect entry into the premises and every part thereof;

(b) remove by force any obstruction to entry, search, seizure and removal as he is empowered to effect under this section; and

(c) detain any person found in the premises until the search has been completed.

(7) Where, by reason of its nature, size or amount, it is not practicable to remove any wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing seized under this section, the enforcement officer shall, by any means, seal such wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing in the premises or container in which it is found.

(8) A person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (7) or removes the wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing under seal, or attempts to do so commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

95. Search and seizure without warrant

If an enforcement officer is satisfied upon information received that he has reasonable cause to believe that by reason of delay in obtaining a search warrant under section 94 the investigation would be adversely affected or evidence of the commission of an offence is likely to be tampered with, removed, damaged or destroyed, the enforcement officer may enter the premises and exercise in, upon and in respect of the premises all the powers referred to in section 94 in as full and ample a manner as if he were authorized to do so by a warrant issued under that section.

96. Search of person

No person shall be searched except by another person of the same gender, and such search shall be conducted with strict regard to decency.

97. Power to enter land

Notwithstanding sections 94 and 95, an enforcement officer may enter without warrant any State land, reserved land, permanent reserved forest, alienated land and mining land for the purpose of preventing or detecting any offence under this Act or any of its subsidiary legislation.

98. Power to enter premises

Notwithstanding sections 94 and 95, an enforcement officer may at any time enter any premises for the purposes of:-

(a) inspecting any wildlife, part or derivative of any wildlife, conveyance, book, record, document or thing as he considers necessary;

(b) verifying the accuracy of records or statements or any information given to an enforcement officer; or

(c) collecting samples of any wildlife or part or derivative of any wildlife.

99. Access to computerized data

(1) An enforcement officer conducting a search under this Act shall be given access to computerized data whether stored in a computer or otherwise.

(2) For the purposes of this section, "access":-

(a) includes being provided with the necessary password, encryption code, decryption code, software or hardware and any other means required to enable comprehension of the computerized data; and

(b) has the meaning assigned to it by subsections 2(2) and (5) of the Computer Crimes Act 1997 [Act 563].

100. Setting up, etc, an obstruction on road, etc

(1) The Director may, if he suspects that an offence under this Act or any of its subsidiary legislation has been committed, give directions to any enforcement officer to get the assistance of the police to set up or place an obstruction or roadblock on any public road or highway or any public place, for the purpose of stopping any vehicle for examination.

(2) An enforcement officer who stops any vehicle under subsection (1) may exercise all the powers referred to in section 101.

101. Power to stop, search and seize conveyance

(1) If an enforcement officer has reasonable cause to suspect that any conveyance is carrying any wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, book, record, document or thing in respect of which an offence under this Act or any of its subsidiary legislation is being or has been committed, he may stop and search the conveyance and may, if on examination he has reasonable cause to believe that such conveyance is or has been used for the commission of such offence, seize such conveyance and any wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, book, record, document or thing found in the conveyance that is reasonably believed to furnish evidence of the commission of such offence.

(2) The person in control or in charge of the conveyance shall, if required to do so by the enforcement officer:-

(a) stop the conveyance and allow the enforcement officer to search it; and

(b) open all parts of the conveyance for search and take all measures necessary to enable or facilitate the carrying out of the search as the enforcement officer considers necessary.

(3) The enforcement officer may, in the exercise of his powers under this section, if it is necessary so to do, detain any person found in the conveyance until the search has been completed.

(4) Any person who contravenes subsection (2) commits an offence and shall, on conviction, be liable to a fine not exceeding thirty thousand ringgit or to imprisonment for a term not exceeding one year or to both.

102. Warrant admissible notwithstanding defects

A search warrant issued under this Act shall be valid and enforceable notwithstanding any defect, mistake or omission therein or in the application for such warrant, and any wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing seized under such warrant shall be admissible in evidence in any proceedings under this Act.

103. List of things seized

(1) Where any seizure is made under this Act, the enforcement officer making the seizure shall prepare a list of the wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing seized and of the place in which the wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing is found and shall sign the list.

(2) The list prepared in accordance with subsection (1) shall be delivered immediately to:-

(a) the occupier of the premises where the seized wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or other article is found; or

(b) the person in control or in charge of the conveyance where the seizure is made under section 100 or 101.

(3) Where the seizure is made in or from any premises which is unoccupied, the enforcement officer shall whenever possible post a list of things seized conspicuously at or on the premises.

104. Temporary return of conveyance

(1) Where any conveyance is seized under this Act, the court may temporarily return the conveyance to the owner of the conveyance or the person from whose possession, custody or control it was seized, subject to such terms and conditions as the court may impose, and subject in any case to sufficient security being furnished to the satisfaction of the court that the conveyance shall be surrendered to the court on demand and that such terms and conditions, if any, shall be complied with.

(2) Where any seized conveyance is temporarily returned under subsection (1), a person who:-

(a) fails, on demand, to surrender the conveyance to the court; or

(b) contravenes any of the terms or conditions imposed under subsection (1), commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.

105. Disposal of seized wildlife

(1) Where an enforcement officer in exercising his powers under this Part seizes any wildlife or part or derivative of any wildlife, he may immediately produce the wildlife or part or derivative of any wildlife before a Magistrate who shall order that the wildlife or part or derivative of any wildlife be released or disposed of.

(2) Notwithstanding subsection (1), where by reason of:-

(a) the nature, size or amount of the wildlife or part or derivative of any wildlife; or

(b) distance or circumstances,

it is not practicable to bring the wildlife or part or derivative of any wildlife before a Magistrate, the Director may order the wildlife or part or derivative of any wildlife to be released or disposed of as he thinks fit.

106. Power to require attendance of person acquainted with case

(1) The enforcement officer making an investigation under this Act or any of its subsidiary legislation may, by order in writing, require the attendance before himself of any person who appears to him to be acquainted with the facts and circumstances of the case, and such person shall attend as required.

(2) If any such person refuses or fails to attend as required by an order made under subsection (1), the enforcement officer may report his refusal or failure to a Magistrate who shall issue a summons to secure the attendance of such person as may be required by the order.

107. Examination of persons acquainted with case

(1) An enforcement officer making an investigation under this Act or any of its subsidiary legislation may examine orally any person supposed to be acquainted with the facts and circumstances of the case.

(2) Such person shall be bound to answer all questions relating to such case put to him by the enforcement officer, but he may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty or forfeiture.

(3) A person making a statement under this section shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to questions.

(4) The enforcement officer examining a person under subsection (1) shall first inform that person of the provisions of subsections (2) and (3).

(5) A statement made by any person under this section shall, wherever possible, be reduced into writing and signed by the person making it or affixed with his thumb print, as the case may be, after:-

(a) it has been read to him in the language in which he made it; and

(b) he has been given an opportunity to make any correction he may wish.

108. Admissibility of statements in evidence

(1) Except as provided in this section, no statement made by any person to an enforcement officer in the course of an investigation made under this Act shall be used in evidence.

(2) When any witness is called for the prosecution or for the defence, other than the accused, the court shall, on the request of the accused or the prosecutor, refer to any statement made by that witness to the enforcement officer in the course of investigation under this Act and may then, if the court thinks fit in the interest of justice, direct the accused to be furnished with a copy of it and the statement may be used to impeach the credit of the witness in the manner provided by the Evidence Act 1950 [Act 56].

(3) Where the accused had made a statement during the course of an investigation, such statement may be admitted in evidence in support of his defence during the course of the trial.

(4) Nothing in this section shall be deemed to apply to any statement made in the course of an identification parade or falling within section 27 or paragraphs 32(1)(a), (i) and (j) of the Evidence Act 1950.

(5) When any person is charged with any offence in relation to:-

(a) the making; or

(b) the contents,

of any statement made by him to an authorized officer in the course of an investigation made under this Act, that statement may be used as evidence in the prosecution’s case.

109. Release of things seized

(1) If any wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing has been seized under this Act, the enforcement officer who effected the seizure may, after referring to the Public Prosecutor, release the wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing to the person as he determines to be lawfully entitled to it, if the wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing is not liable to forfeiture under this Act, and is not otherwise required for the purpose of any proceedings under this Act or for the purpose of any prosecution under any other written law.

(2) A record in writing shall be made by the enforcement officer effecting the release of the wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing under subsection (1) specifying in detail the circumstances of and the reason for the release, and he shall send a copy of the record to the Public Prosecutor within seven days of the release.

(3) For the purpose of this section, the enforcement officer effecting the seizure, the Federal Government or any person acting on behalf of the Federal Government shall not be liable to any proceedings by any person if the seizure and the release of the wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing had been effected in good faith.

110. Forfeiture of wildlife, etc, seized

(1) Any wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing seized in the exercise of any powers under this Act shall be liable to forfeiture.

(2) An order for the forfeiture of any wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing seized and liable to forfeiture under this Act shall be made by the court before which the prosecution with regard thereto has been held and an order for the forfeiture of the things seized shall be made if it is proved to the satisfaction of the court that an offence under this Act or any of its subsidiary legislation has been committed and that the wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing was the subject matter of or was used in the commission of the offence, even though no person has been convicted of such offence.

(3) If there is no prosecution with regard to any wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing seized under this Act, such wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing shall be taken and deemed to be forfeited at the expiration of a period of one calendar month from the date of service of a notice to the last-known address of the person from whom the wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing was seized indicating that there is no prosecution in respect of such wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing, unless before the expiration of that period a claim to it is made in the manner set out in subsections (4), (5), (6) and (7).

(4) Any person asserting that he is the owner of the wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing referred to in subsection (3) and that the wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing is not liable to forfeiture may personally or by his agent authorized in writing, give written notice to the enforcement officer in whose possession such wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing is held that he claims the wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing.

(5) On receipt of the notice referred to in subsection (4), the enforcement officer shall refer the claim to a Magistrate of the First Class for his decision.

(6) The Magistrate to whom a matter is referred under subsection (5) shall issue a summons requiring the person asserting that he is the owner of the wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing and the person from whom it was seized to appear before the Magistrate, and when they appear or they fail to appear, due service of the summons having been proved, the Magistrate shall proceed to the examination of the matter.

(7) If it is proved that an offence under this Act or any of its subsidiary legislation has been committed and that such wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing referred to in subsection (6) was the subject matter of or was used in the commission of such offence, the Magistrate shall order the wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing to be forfeited, and shall, in the absence of such proof, order its release.

(8) Any wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing forfeited or deemed to be forfeited shall be delivered to the Director General and shall be disposed of in such manner as the Director General thinks fit.

111. Property in forfeited wildlife, etc

Any wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or other article forfeited or deemed to be forfeited under this Act shall be the property of the Government.

112. Cost of holding wildlife, etc, seized

Where any wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing seized under this Act is held in the custody of the Government pending completion of any proceedings in respect of an offence under this Act, the cost of holding it in custody shall, in the event of any person being convicted of such offence, be a debt due to the Government, by such person and shall be recoverable accordingly.

113. No costs or damages arising from seizure to be recoverable

No person shall, in any proceedings before any court in respect of any wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing seized in the exercise or the purported exercise of any power conferred under this Act, be entitled to the costs of such proceedings or to any damages or other relief unless such seizure was made without reasonable cause.

114. Obstruction to search

Any person who:-

(a) refuses any enforcement officer access to any premise which the enforcement officer is entitled to have under this Act or any of its subsidiary legislation or in the execution of any duty imposed or power conferred by this Act;

(b) assaults, obstructs, hinders or delays any enforcement officer in effecting any entry which the enforcement officer is entitled to effect under this Act or in the execution of any duty imposed or power conferred by this Act; or

(c) refuses any enforcement officer any information relating to an offence or suspected offence under this Act or any of its subsidiary legislation or any other information which may reasonably be required of him and which he has in his knowledge or power to give, commits an offence and shall, on conviction, be liable to a fine not exceeding thirty thousand ringgit or to imprisonment for a term not exceeding one year or to both.

115. Additional powers

(1) An enforcement officer shall, for the purposes of the execution of this Act or any of its subsidiary legislation, have power to do all or any of the following acts:-

(a) to require the production of records and documents and to inspect, examine and copy any of them;

(b) to require the production of any identification document from any person in relation to any case or offence under this Act or any of its subsidiary legislation;

(c) to make such inquiry as may be necessary to ascertain whether the provisions of this Act or any of its subsidiary legislation have been complied with.

(2) A person who fails to comply with a request made under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding thirty thousand ringgit or to imprisonment for a term not exceeding one year or to both.

116. Joinder of offences

Notwithstanding anything contained in section 164 of the Criminal Procedure Code, where a person is accused of more than one offence under this Act or any of its subsidiary legislation, he may be charged with and tried at one trial for any number of such offences committed within the space of any length of time.

PART IX

GENERAL

117. Controlled species

(1) No person shall keep, sell, purchase, import or export any controlled species specified in the Fifth Schedule.

(2) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding thirty thousand ringgit or to imprisonment for a term not exceeding one year or to both.

118. Hybrid deemed a controlled wildlife

For the purposes of this Act, a hybrid shall be deemed to be a controlled wildlife and shall be subject to section 117.

119. Prohibition on hybridization activity

(1) No person shall carry out any hybridization activity without prior written permission of the Director General.

(2) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.

120. Purchase of protected wildlife, etc, by persons other than licensed dealer, etc

(1) A person, other than a licensed dealer or licensed taxidermist, shall purchase or acquire any protected wildlife or any part or derivative of any protected wildlife from:-

(a) a licensed dealer or licensed taxidermist; or

(b) a Director where it is sold by the Director pursuant to this Act.

(2) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding one year or to both.

121. Sale of wildlife unlawfully hunted

(1) Any wildlife:-

(a) which is hunted under section 53, 54 or 55 or in contravention of the provisions of this Act or any of its subsidiary legislation; or

(b) whose unclaimed carcass is found in any State land or permanent reserved forest or any other land,

may be sold or disposed of by the Director as he thinks fit.

(2) All moneys received under this section shall be paid into and form part of the Consolidated Fund of the State where the wildlife was hunted or whose unclaimed carcass was found.

122. Report on dangerous wildlife to be made

(1) Any person who wounds a dangerous wildlife shall, without unnecessary delay, make a report to any officer or the district officer of the district in which the dangerous wildlife was wounded.

(2) The report shall specify the dangerous wildlife, weapon which inflicted the wound, time, date and place where it was wounded.

(3) Where the person wounding the dangerous wildlife is, by reason of serious injury, unable to make a report, he shall at the first reasonable opportunity request any other person to make a report as specified under this section.

(4) For the purpose of this section, "dangerous wildlife" means elephant (Elephas maximus), gaur (Bos gaurus), bear (Helarctos malayanus), tiger (Panthera tigris), leopard (Panthera pardus), panther, wild pig (sus scrofa) and any other wildlife which constitutes an immediate danger to human life pursuant to section 55.

123. Report made to public officer to be conveyed to officer

Where:-

(a) any report or complaint concerning any matter relating to this Act is made;

(b) any information concerning any matter relating to this Act is conveyed; or

(c) any wildlife or any part or derivative of any wildlife is delivered,

to any public officer, he shall, without unnecessary delay, inform any officer of the matter.

124. Offence committed by body corporate

(1) Where a body corporate commits an offence under this Act or any of its subsidiary legislation, any person who at the time of the commission of the offence was a chief executive officer, director, manager, secretary or other similar officer of the body corporate or was purporting to act in any such capacity or was in any manner or to any extent responsible for the management of any of the affairs of the body corporate or was assisting in such management:-

(a) may be charged severally or jointly in the same proceedings with the body corporate; and

(b) where the body corporate is found guilty of the offence, shall be deemed to be guilty of that offence unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves:-

(i) that the offence was committed without his knowledge, consent or connivance; and

(ii) that he took all reasonable precautions and had exercised due diligence to prevent the commission of the offence.

(2) Where any person would be liable under this Act or any of its subsidiary legislation to any punishment or penalty for any act, omission, neglect or default, he shall be liable to the same punishment or penalty for every such act, omission, neglect or default of any employee or agent of his, or of the employee of such agent, if such act, omission, neglect or default was committed:-

(a) by his employee in the course of his employment;

(b) by the agent when acting on his behalf; or

(c) by the employee of such agent in the course of his employment by such agent or otherwise on behalf of the agent.

125. General offence

Any person who contravenes or fails to comply with:-

(a) the provisions of this Act or any of its subsidiary legislation;

(b) any order made by a Magistrate or the Minister pursuant to this Act;

(c) any order or direction given by the Director General under this Act; or

(d) the conditions or requirements specified in a licence, permit or special permit,

commits and offence and shall, where no penalty is expressly provided, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.

126. Compounding of offences

(1) The Director General may, with the consent of the Public Prosecutor, offer to compound any offence committed by any person under this Act or any of its subsidiary legislation and prescribed to be a compoundable offence by regulations made under this Act by making a written offer to such person to compound the offence upon payment of such amount of money not exceeding fifty per centum of the amount of the maximum fine for that offence, within such time as may be specified in the offer.

(2) An offer under subsection (1) may be made at any time after the offence has been committed, but before any prosecution for it has been instituted.

(3) If the amount specified in the offer under subsection (1) is not paid within the time specified in the offer or within such extended period as the Director General may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.

(4) Where an offence has been compounded under subsection (1), no prosecution shall after that be instituted in respect of such offence against the person to whom the offer to compound was made and any wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing seized in connection with the offence may be released or forfeited by the Director General, subject to such terms and conditions as the Director General thinks fit to impose in accordance with the conditions of the compound.

127. Institution of prosecution

No prosecution for or in relation to an offence under this Act shall be instituted except by or with the written consent of the Public Prosecutor.

128. Protection against suit and legal proceedings

No action shall lie or prosecution shall be brought, instituted or maintained in any court against:-

(a) an enforcement officer or officer; and

(b) any other person for or on account of or in respect of any act done or purported to be done by him under the order, direction or instruction of an enforcement officer or officer,

if the act was done in good faith and in a reasonable belief that it was necessary for the purpose intended to be served by it and for the carrying into effect the provisions of this Act.

129. Public Authorities Protection Act 1948

The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against an enforcement officer or officer in respect of any act, neglect or default done or omitted to be done by him.

130. Protection of informers

(1) Except as provided in subsections (2) and (3), no witness in any civil or criminal proceedings shall be obliged or permitted to disclose the name or address of an informer or the substance of the information received from him or to state any matter which might lead to his discovery.

(2) If any record, document or computerized data which is in evidence or liable to inspection in any civil or criminal proceedings contains any entry in which any informer is named or described or which might lead to his discovery, the court shall cause all such passages to be concealed from view or to be obliterated so far only as may be necessary to protect the informer from discovery.

(3) If on the trial for any offence under this Act or any of its subsidiary legislation the court after full inquiry into the case believes that the informer wilfully made in his complaint a material statement which he knew or believed to be false or did not believe to be true, or if in any other proceedings the court is of the opinion that justice cannot be fully done between the parties in that proceedings without the discovery of the informer, the court may require the production of the original complaint, if in writing, and permit inquiry and require full disclosure, concerning the informer.

131. Rewards

The Director General may order such rewards as he thinks fi t to be paid to any person for services rendered in connection with the detection of any offence under this Act or any of its subsidiary legislation, or in connection with any seizures made under this Act.

132. Regulations

(1) The Minister may make such regulations as may be expedient or necessary for the better carrying out the provisions of this Act or for prescribing anything that may be, or is required to be, prescribed under this Act.

(2) Without prejudice to the generality of subsection (1), regulations may be made in respect of the following:-

(a) disseminating information on wildlife including their breeding habits, habitat, species and ways and means of helping to conserve them;

(b) the administration and management of wildlife reserves and wildlife sanctuaries;

(c) the conditions under which totally protected wildlife and protected wildlife may be kept and bred;

(d) the means of disposing any wildlife;

(e) regulating the operation of zoo, commercial captive breeding, circus or wildlife exhibitions;

(f) the specifications of containers for importing and exporting live wildlife;

(g) the fees payable under this Act;

(h) the offences which may be compounded.

(3) Regulations made under this section may prescribe any act or omission in contravention of the regulations to be an offence and may prescribe penalties of a fine not exceeding one hundred thousand ringgit or imprisonment for a term not exceeding five years or to both.

133. Power of the Minister to exempt

The Minister may, by order published in the Gazette, exempt any person or class of persons or any activity or class of activities relating to wildlife from all or any of the provisions of this Act and any of its subsidiary legislation.

134. Power to amend Schedules

The Minister may, by order published in the Gazette, amend the Schedules to this Act.

135. Repeal and saving provisions

(1) The Protection of Wildlife Act 1972 [Act 76] (the "repealed Act") is repealed.

(2) All declarations of wildlife reserves and wildlife sanctuaries under the repealed Act shall continue to have effect as if they had been made under the provisions this Act.

(3) The persons who were appointed under the repealed Act shall continue to be officers under this Act as if those persons had been appointed under section 4 of this Act.

(4) All regulations, directions and orders made, licences, permits and special permits granted and records kept, under the repealed Act, shall continue to be in force and have effect as if they had been made, granted and kept under this Act.

(5) All pending applications, approvals and decisions, on appeal or otherwise, relating to a licence, permit or special permit shall, on the commencement of this Act, be dealt with under this Act.

(6) Any inquiry, trial and proceedings done, taken or commenced under the repealed Act immediately before the commencement of this Act shall be continued or concluded under and in accordance with the provisions of the repealed Act.

136. Transitional provision

(1) Any person who, on the date of the coming into operation of this Act, is undertaking an activity to which this Act applies shall, within six months from the date of the coming into operation of this Act, apply for a licence, permit or special permit under this Act, as the case may be.

(2) Upon receipt of an application under subsection (1), the licensing officer shall issue an acknowledgment of receipt to such person.

(3) Pending the determination of such application, such person may continue to undertake the activity.

(4) Any person who keeps or has in his possession any controlled species shall, on the coming into operation of this Act, report to the Director General on the controlled species and the Director General shall, upon receiving the report, consider whether or not to permit the person to keep or possess the species.

(5) Permission granted under subsection (4) may be subject to such conditions as the Director General thinks fit to impose.

(6) Where the Director General does not grant permission under subsection (4), the Director General may seize and dispose of the controlled species and no compensation shall be payable by the Director General for the disposal of the controlled species.

FIRST SCHEDULE

[section 3]

PROTECTED WILDLIFE

1. Interpretation of the First Schedule

Species included in this Schedule are referred to:-

(a) by the name of the species; or

(b) as being all of the species included in a higher taxon or designated part thereof.

2. The abbreviation "spp." is used to denote all species of a higher taxon.

3. Other references to taxa higher than species are for the purposes of information or classification only. The common names included after the scientific names of families are for reference only. They are intended to indicate the species within the family concerned that are included in this Schedule. In most cases this is not all of the species within the family.

4. Where there is conflict between a scientific term and a common term in the use of the name of any species in this Schedule, the scientific term shall prevail.

PART I

(HUNTED SPECIES)

PART 2

(OTHER)

SECOND SCHEDULE

[section 3]

TOTALLY PROTECTED WILDLIFE

Interpretation of the Second Schedule

1. Species included in this Schedule are referred to:-

(a) by the name of the species; or

(b) as being all of the species included in a higher taxon or designated part thereof.

2. The abbreviation "spp." is used to denote all species of a higher taxon.

3. Other references to taxa higher than species are for the purposes of information or classification only. The common names included after the scientific names of families are for reference only. They are intended to indicate the species within the family concerned that are included in this Schedule. In most cases this is not all of the species within the family.

4. Where there is conflict between a scientific term and a common term in the use of the name of any species in this Schedule, the scientific term shall prevail.