WILDLIFE CONSERVATION ACT 2010

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 716 WILDLIFE CONSERVATION ACT 2010 As at 1 October 2014 2 WILDLIFE CONSERVATION ACT 2010 Date of Royal Assent … … 21 October 2010 Date of publication in the Gazette … … … 4 November 2010 Latest amendment made by P.U.(A)108/2014 which came into operation on ... ... ... ... … … … … 18 April 2014 3 LAWS OF MALAYSIA Act 716 WILDLIFE CONSERVATION ACT 2010 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 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 4 Laws of Malaysia ACT 716 Section 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 Wildlife Conservation Section 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 5 6 Laws of Malaysia ACT 716 Section 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 Wildlife Conservation Section 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 wildlife 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, etc., 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 7 8 Laws of Malaysia ACT 716 Section 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., 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 species 119. Prohibition on hybridization activity 120. Purchase of protected wildlife, etc., by persons other than licensed dealer, etc. Wildlife Conservation Section 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 FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE FOURTH SCHEDULE FIFTH SCHEDULE SIXTH SCHEDULE SEVENTH SCHEDULE 9 11 LAWS OF MALAYSIA Act 716 WILDLIFE CONSERVATION ACT 2010 An Act to provide for the protection and conservation of wildlife and for matters connected therewith. ENACTED by the Parliament of Malaysia as follows: [28 December 2010, P.U.(B) 542/2010] PART I PRELIMINARY Short title and commencement 1. (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. Application 2. (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]. 12 Laws of Malaysia ACT 716 Interpretation 3. In this Act, unless the context otherwise requires — ―licensed taxidermist‖ means a person who is granted a licence to carry on taxidermy business under this Act; ―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, bones, hide, skin, leather, tusk, horn, antler, gland, feathers, hair, teeth, claws, shell, scales, 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 a 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 Wildlife Conservation 13 (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; 14 Laws of Malaysia ACT 716 ―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 h