INTERNATIONAL TRADE IN ENDANGERED SPECIES ACT 2008

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 686 INTERNATIONAL TRADE IN ENDANGERED SPECIES ACT 2008 As at 1 December 2021 This text is ONLY AN UPDATED TEXT of the International Trade in Endangered Species Act 2008 by the Attorney General’s Chambers. Unless and until reprinted pursuant to the powers of the Commissioner of Law Revision under subsection 14(1) of the Revision of Laws Act 1968 [Act 1], this text is NOT AN AUTHENTIC TEXT. 2 INTERNATIONAL TRADE IN ENDANGERED SPECIES ACT 2008 Date of Royal Assent… … … … … … … 5 February 2008 Date of publication in the Gazette… … … 14 February 2008 Latest amendment made by P.U. (A) 380/2021 which came into operation on ... ... ... ... … … … … 6 October 2021 PREVIOUS REPRINTS First Reprint … … … 2018 3 LAWS OF MALAYSIA Act 686 INTERNATIONAL TRADE IN ENDANGERED SPECIES ACT 2008 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Act to be read with other laws 3. Interpretation PART II AUTHORITIES 4. Lead Management Authority 5. Functions of the Lead Management Authority 6. Management Authority 7. Functions and powers of the Management Authority 8. Lead Scientific Authority and Scientific Authority 9. Functions of the Scientific Authority PART III TRADE OF SCHEDULED SPECIES 10. Import and export 4 Laws of Malaysia ACT 686 Section 11. Re-export and introduction from the sea 12. Possession of scheduled species 13. Scheduled species in transit 14. Breeding or propagation of scheduled species 15. Power to require scheduled species to be marked, etc. PART IV PERMIT, CERTIFICATE AND REGISTRATION 16. Permit, certificate and registration 17. Cancellation of permit, certificate or registration 18. Captive breeding or articial propagation PART V POWER RELATING TO ENFORCEMENT, SEIZURE, ARREST, ETC. 19. Enforcement officers 20. Power of investigation 21. Authority card 22. Power of arrest 23. Search and seizure with warrant 24. Search and seizure without warrant 25. Power to enter premises 26. Access to computerized data 27. Seizure of thing, etc. 28. Power to stop, search and seize conveyances 29. Notice of seizure 30. Temporary return of conveyance, etc. 31. Power to require attendance of persons acquinted with case 32. Examination of persons acquainted with case 33. Admissibility of statements in evidence International Trade in Endangered Species Section 34. Forfeiture of seized scheduled species, etc. 35. Property in forfeited scheduled species, etc. 36. Release of seized scheduled species, etc. 37. Cost of holding seized scheduled species, etc. 38. No cost or damages arising from seizure to be recoverable 39. Additional powers 40. Offence to assault or obstruct enforcement officer PART VI GENERAL 41. Payment into fund 42. Compounding of offences 43. Institution of prosecution 44. False declaration 45. Offence committed by body corporate 46. Offence by partner, agent or servant 47. Abetments and attempt 48. Public servant 49. Protection against suit and legal proceedings 50. Protection of informers 51. Rewards 52. Powers to exempt 53. Powers to amend Schedules 54. Powers to make regulations 55. Prevention of anomalies FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE 5 6 7 LAWS OF MALAYSIA Act 686 INTERNATIONAL TRADE IN ENDANGERED SPECIES ACT 2008 An Act to implement the Convention on International Trade in Endangered Species of Wild Fauna and Flora and to provide for other matters connected therewith. [28 December 2009, P.U. (B) 569/2009] WHEREAS the Convention on International Trade in Endangered Species of Wild Fauna and Flora was signed at Washington D.C. on 3 March 1973: AND WHEREAS Malaysia deposited her instrument of accession on 20 October 1977 and therefore in accordance with Article XXII of the Convention, the said Convention entered into force as far as Malaysia is concerned on 18 January 1978: NOW, THEREFORE, IT IS ENACTED by the Parliament of Malaysia as follows: PART I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the International Trade in Endangered Species Act 2008. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette. 8 Laws of Malaysia ACT 686 Act to be read with other laws 2. (1) This Act shall be read together with any other written law relating to import and export, conservation of plants, forests and animals and trade in scheduled species, and the provisions of this Act shall be in addition to, and not in derogation of, the provisions of such other written laws. (2) In the event of any inconsistencies between the provisions of this Act and any of the other written laws referred to in subsection (1), the provisions of this Act shall prevail. Interpretation 3. In this Act, unless the context otherwise requires — “this Act” includes any subsidiary legislation made under this Act; “readily recognizable part or derivative of an animal” means any substantially complete or part or derivative of an animal, 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, bones, hide, skin, leather, tusk, horn, antler, gland, feathers, hair, teeth, claws, shell, scales and eggs; (b) tissue, blood, fat, oil, milk, venom, saliva, urine and faeces; (c) any chemical compound derived from anything mentioned in paragraph (a) or (b); and (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 a part or derivative of an animal; “readily recognizable part or derivative of a plant” means any substantially complete or part, tissue or derivative of a plant, in natural International Trade in Endangered Species 9 form, preserved, dried, processed or otherwise treated or prepared which may or may not be contained in preparations, and includes — (a) seed, stem, leaf, bark, root, log, flower, fruit or pod; (b) any chemical compound derived from such part, tissue or extract; and (c) 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 a part or derivative of a plant; “in transit” has the same meaning assigned to it by the Customs Act 1967 [Act 235]; “bred in captivity” refers only to offspring, including eggs, born or otherwise produced in a controlled environment of parents that mated or otherwise transmitted their gametes in a controlled environment; “artificially propagated” in reference to any — (a) plant, means the plant is grown under controlled conditions from seeds, cuttings, divisions, callus tissues or other tissues, spores or other propagules that either are exempt or have been derived from cultivated parental stock; and (b) animal, means the animal is propagated under controlled environment by way of cuttings and divisions; “prescribed” means prescribed by regulations made under this Act; “export” means to take or cause to be taken out of Malaysia by land, sea, inland waters or air any scheduled species, but does not include re-export; “re-export” means the export of any scheduled species that has previously been imported; “animal” means any member of the animal kingdom, and includes — 10 Laws of Malaysia ACT 686 (a) any mammal (other than man), bird, reptile, amphibian, fish, mollusc, arthropod, or other vertebrate or invertebrate, whether alive or dead, and the egg, young or immature form thereof; and (b) any readily recognizable part or derivative of an animal; “import” means bring or cause to be brought into Malaysia by land, sea, inland waters or air any scheduled species other than any scheduled species in transit in Malaysia; “controlled conditions” means a non-natural environment that is intensively manipulated by human intervention for the purpose of plant production and may include but is not limited to tillage, fertilization, weed and pest control, irrigation, or nursery operations such as potting, bedding or protection from weather; “Convention” means the Convention on International Trade in Endangered Species of Wild Fauna and Flora; “quota” means a prescribed number or quantity of any scheduled species that can be exported or otherwise used over a specific period of time; “introduction from the sea” means transportation into Malaysia of any scheduled species which was taken from the marine environment not under the jurisdiction of any country, including the air space above the sea, sea-bed and subsoil beneath the sea; “advertise” in relation to scheduled species, means to describe, make reference to or allude in any way, by any means or in any form, to that scheduled species — (a) whether directly or indirectly; (b) whether orally, in writing, diagrammatically, pictorially, by the use of symbols or photographs, or in any combination thereof; or International Trade in Endangered Species 11 (c) whether by the common name or the scientific name of that scheduled species or otherwise; “Minister” means the Minister charged with the responsibility for natural resources and environment; “enforcement officer” means— (a) an enforcement officer specified in the first column of the Second Schedule; (b) any police officer not below the rank of Inspector, including an Inspector on probation; or (c) any Officer of customs as defined in section 2 of the Customs Act 1967; “owner” includes any person for the time being in charge of any scheduled species or any person for the time being in occupation of any premises; “registration” means the registration allowed by a Management Authority under subsection 16(2); “conveyance” means any vehicle, vessel, ship, aircraft or any other mode of transport whether by air, sea or land; “certificate” means a certificate issued by a Management Authority under subsection 16(2); “permit” means a permit issued by a Management Authority under subsection 16(2); “controlled environment” includes an environment that is manipulated for the purpose of producing specimen of a particular species of an animal that has boundaries designed to prevent the animal, eggs or gametes of the animal 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; 12 Laws of Malaysia ACT 686 “Management Authority” means the Management Authority specified in the First Schedule; “Scientific Authority” means a person or body appointed by the Lead Scientific Authority under subsection 8(2); “premises” includes any hut, shed, structure, platform, house, building, conveyance and land whether or not enclosed or built upon; “Rescue Centre” means a premises designated by a Management Authority to look after the welfare of any living scheduled species, particularly those that have been confiscated; “species” includes subspecies, or geographically separate population of the species or subspecies of a scheduled species; “scheduled species” means any animal or plant, including any readily recognizable part or derivative of the animal or plant specified in the Third Schedule; “cultivated parental stock” means the ensemble of a plant grown under controlled conditions that are used for reproduction, in a manner not detrimental to the survival of the species of plant in the wild or natural habitat and maintained in sufficient quantities for propagation so as to minimize or eliminate the need for augmentation from the wild or natural habitat, with such augmentation occurring only as an exception and limited to the amount necessary to maintain the vigour and productivity of the parent material; “plant” means any member of the plant kingdom, whether live or dead, and any readily recognizable part or derivative of a plant. International Trade