"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 lab

4 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 PART II APPOINTMENT OF OFFICERS, ETC.-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 PART II APPOINTMENT OF OFFICERS, ETC.-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 PART II APPOINTMENT OF OFFICERS, ETC.-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 PART II APPOINTMENT OF OFFICERS, ETC.-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.

9 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 PART III LICENSING PROVISIONS Chapter 1 - Requirement for licence, etc.-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 PART III LICENSING PROVISIONS Chapter 1 - Requirement for licence, etc.-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.

12 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 Chapter 2 - Application for licence, etc.-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 Chapter 2 - Application for licence, etc.-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 Chapter 2 - Application for licence, etc.-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

16 Chapter 2 - Application for licence, etc.-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 Chapter 2 - Application for licence, etc.-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 Chapter 2 - Application for licence, etc.-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 Chapter 2 - Application for licence, etc.-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 Chapter 2 - Application for licence, etc.-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 Chapter 2 - Application for licence, etc.-21. Assignment of licence, etc .

(1) A holder of a licence, permit or special permit 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 Chapter 2 - Application for licence, etc.-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 Chapter 2 - Application for licence, etc.-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 sati

24 Chapter 2 - Application for licence, etc.-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 Chapter 2 - Application for licence, etc.-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.

26 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 Chapter 3 - Miscellaneous-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 Chapter 3 - Miscellaneous-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 Chapter 3 - Miscellaneous-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 Chapter 3 - Miscellaneous-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 Chapter 3 - Miscellaneous-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 Chapter 3 - Miscellaneous-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 Chapter 3 - Miscellaneous-33. Registers.

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

34 Chapter 3 - Miscellaneous-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 Chapter 3 - Miscellaneous-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

36 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 PART IV DUTIES AND OBLIGATIONS OF LICENSED HUNTER, ETC.-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 purchased 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 li

38 PART IV DUTIES AND OBLIGATIONS OF LICENSED HUNTER, ETC.-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 PART IV DUTIES AND OBLIGATIONS OF LICENSED HUNTER, ETC.-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 PART IV DUTIES AND OBLIGATIONS OF LICENSED HUNTER, ETC.-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 PART IV DUTIES AND OBLIGATIONS OF LICENSED HUNTER, ETC.-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 PART IV DUTIES AND OBLIGATIONS OF LICENSED HUNTER, ETC.-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 PART IV DUTIES AND OBLIGATIONS OF LICENSED HUNTER, ETC.-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 PART IV DUTIES AND OBLIGATIONS OF LICENSED HUNTER, ETC.-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 PART IV DUTIES AND OBLIGATIONS OF LICENSED HUNTER, ETC.-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 PART IV DUTIES AND OBLIGATIONS OF LICENSED HUNTER, ETC.-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.

47 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 PART V WILDLIFE RESERVES AND WILDLIFE SANCTUARIES-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 PART V WILDLIFE RESERVES AND WILDLIFE SANCTUARIES-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.

50 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 PART VI GENERAL EXCEPTIONS AND PRESUMPTIONS-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 PART VI GENERAL EXCEPTIONS AND PRESUMPTIONS-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 PART VI GENERAL EXCEPTIONS AND PRESUMPTIONS-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

54 PART VI GENERAL EXCEPTIONS AND PRESUMPTIONS-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 any servant of the owner or occupier 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 owner or occupier of land or servant of owner or occupier of l

55 PART VI GENERAL EXCEPTIONS AND PRESUMPTIONS-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 s

56 PART VI GENERAL EXCEPTIONS AND PRESUMPTIONS-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 PART VI GENERAL EXCEPTIONS AND PRESUMPTIONS-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 PART VI GENERAL EXCEPTIONS AND PRESUMPTIONS-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 or part or derivative of wildlife or snare is found shall be presumed to be the occupier for the purpose of subsection (1).

59 PART VI GENERAL EXCEPTIONS AND PRESUMPTIONS-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.

60 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, on conviction, 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

61 PART VII OFFENCES AND PENALTIES Chapter 1 - Offences relating to licence-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 PART VII OFFENCES AND PENALTIES Chapter 1 - Offences relating to licence-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 PART VII OFFENCES AND PENALTIES Chapter 1 - Offences relating to licence-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 PART VII OFFENCES AND PENALTIES Chapter 1 - Offences relating to licence-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 PART VII OFFENCES AND PENALTIES Chapter 1 - Offences relating to licence-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.

66 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 Chapter 2 - Offences relating to permit-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.

68 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, on conviction, be punished with a fine of

69 Chapter 3 - Offences relating to special permit-69. Hunting, etc, immature totally protected wildlife without special permit.

(1) Subject to subsection (2), 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.

(2) Any person who commits an offence under subsection (1) and which offence involves wildlife specified in paragraph 68(2) (c) , shall, on conviction, be punished with a fine of not less than one hundred and fifty thousand ringgit and not more than five hundred thousand ringgit and with imprisonment for a term not exceeding five years.

70 Chapter 3 - Offences relating to special permit-70. Hunting, etc , female of totally protected wildlife without special permit.

(1) Subject to subsection (2), 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.

(2) Any person who commits an offence under subsection (1) and which offence involves wildlife specified in paragraph 68(2) (c) , shall, on conviction, be punished with a fine of not less than two hundred thousand ringgit and not more than five hundred thousand ringgit and with imprisonment for a term not exceeding five years.

71 Chapter 3 - Offences relating to special permit-71. Importing, etc, totally protected wildlife without special permit.

Any person who imports, exports or re-exports any 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 Chapter 3 - Offences relating to special permit-72. Using, etc , totally protected wildlife without special permit.

(1) Subject to subsections (2) and (3), 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.

(2) Any person who commits an offence under subsection (1), and which offence involves wildlife specified in paragraph 68(2) (b) , shall, on conviction, 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.

(3) Any person who commits an offence under subsection (1) and which offence involves wildlife specified in paragraph

73 Chapter 3 - Offences relating to special permit-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.

74 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 Chapter 4 - Miscellaneous-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 Chapter 4 - Miscellaneous-76. Hunting, etc , wildlife in wildlife reserve or wildlife 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 Chapter 4 - Miscellaneous-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 Chapter 4 - Miscellaneous-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 Chapter 4 - Miscellaneous-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 Chapter 4 - Miscellaneous-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 Chapter 4 - Miscellaneous-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 a 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 Chapter 4 - Miscellaneous-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 Chapter 4 - Miscellaneous-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 Chapter 4 - Miscellaneous-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 Chapter 4 - Miscellaneous-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 developm

86 Chapter 4 - Miscellaneous-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 plac

87 Chapter 4 - Miscellaneous-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 Chapter 4 - Miscellaneous-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.

89 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 PART VIII POWERS RELATING TO ENFORCEMENT-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 PART VIII POWERS RELATING TO ENFORCEMENT-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 PART VIII POWERS RELATING TO ENFORCEMENT-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 PART VIII POWERS RELATING TO ENFORCEMENT-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 PART VIII POWERS RELATING TO ENFORCEMENT-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, snar

95 PART VIII POWERS RELATING TO ENFORCEMENT-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 PART VIII POWERS RELATING TO ENFORCEMENT-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 PART VIII POWERS RELATING TO ENFORCEMENT-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 PART VIII POWERS RELATING TO ENFORCEMENT-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 PART VIII POWERS RELATING TO ENFORCEMENT-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 PART VIII POWERS RELATING TO ENFORCEMENT-100. Setting up, etc , 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 100.

101 PART VIII POWERS RELATING TO ENFORCEMENT-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 o

102 PART VIII POWERS RELATING TO ENFORCEMENT-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 PART VIII POWERS RELATING TO ENFORCEMENT-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 thing 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 pr

104 PART VIII POWERS RELATING TO ENFORCEMENT-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 yea

105 PART VIII POWERS RELATING TO ENFORCEMENT-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 PART VIII POWERS RELATING TO ENFORCEMENT-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 PART VIII POWERS RELATING TO ENFORCEMENT-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 w

108 PART VIII POWERS RELATING TO ENFORCEMENT-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 ap

109 PART VIII POWERS RELATING TO ENFORCEMENT-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

110 PART VIII POWERS RELATING TO ENFORCEMENT-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 n

111 PART VIII POWERS RELATING TO ENFORCEMENT-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 thing forfeited or deemed to be forfeited under this Act shall be the property of the Government.

112 PART VIII POWERS RELATING TO ENFORCEMENT-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 PART VIII POWERS RELATING TO ENFORCEMENT-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 PART VIII POWERS RELATING TO ENFORCEMENT-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 n

115 PART VIII POWERS RELATING TO ENFORCEMENT-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 PART VIII POWERS RELATING TO ENFORCEMENT-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.

117 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 PART IX GENERAL-118. Hybrid deemed a controlled species.

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

119 PART IX GENERAL-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 PART IX GENERAL-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 PART IX GENERAL-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 PART IX GENERAL-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 PART IX GENERAL-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 PART IX GENERAL-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 pr

125 PART IX GENERAL-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 PART IX GENERAL-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.

(2) Notwithstanding subsection (1), the offences specified under paragraphs 68(2) (b) and (c) , subsections 69(2), 70(2), 72(2) and 72(3) shall not be compoundable offences.

(3) An offer under subsection (1) may be made by accepting from the person reasonably suspected of having committed the offence a sum of money not exceeding fifty per centum of the maximum fine to which the person would have been liable to if he had been convicted of the offence, within such time as may be specified in the offer.

(4) An offer under subsection (3) may be made at any time after the offence has been committed, but before any prosecution for it has been instituted, and where

127 PART IX GENERAL-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 PART IX GENERAL-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 for or on account of or in respect of any act done or purported to be done by him; 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 PART IX GENERAL-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 PART IX GENERAL-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

131 PART IX GENERAL-131. Rewards.

The Director General may order such rewards as he thinks fit 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 PART IX GENERAL-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 or 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 or 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 imp

133 PART IX GENERAL-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 or any of its subsidiary legislation.

134 PART IX GENERAL-134. Power to amend Schedules.

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

135 PART IX GENERAL-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, tak

136 PART IX GENERAL-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 Direc