WILDLIFE CONSERVATION ACT 2010

PMT558 PLANNING & ENVIRONMENTAL LAWS

INTRODUCTION

An act to provide for the protection and conservation of wildlife and for matters connected therewith. ENACTED by the Parliament of Malaysia. Applies to Peninsular Malaysia and the Federal territory of Labuan.

Does not apply to any wildlife falling within List II of the Ninth Schedule of the Federal Constitution and the Fisheries Act 1985.

Wildlife Conseravtion Act 2010

INTERPRETATION

Licensed taxidermist Part of derivatives Immediate danger to human life Export Re-export Hybrid Wildlife Protected wildlife Totally protected wildlife
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Immature wildlife Permanent reserve forest Import Salt lick Snare Wildlife sanctuary Director General License Hunting Minister

Wildlife Conseravtion Act 2010

INTERPRETATION (contd)

Open season Aborigine Officer Taxidermy business Controlled environment Premises Poison Ranger Wildlife reserve Nest Arms

Controlled species State Land Deputy Director General Deputy Director Bait Poisoned bait Business of dealing

Wildlife Conseravtion Act 2010

APPOINTMENT OF OFFICERS

For the purpose of this act, appointment of Director General, Deputies Director General, Directors, Deputy Directors, Assistant Directors and Rangers may be necessary.

Delegation of powers: in writing, delegate any of the powers or duties assigned to him under this Act to any officer, subject to such terms and condition as he thinks fit.

Power of Minister to give directions: Director General consistent with this Act as to exercise of the powers conferred on, or the duties discharged by, the Director General or other officer.

Wildlife Conseravtion Act 2010

APPOINTMENT OF OFFICERS (contd)

Power of the Director General to issue orders: may issue administrative orders, consistence with the provision of this Act, in respect of the general control, training, duties and responsibilities of officers and for such matters as maybe necessary or expedient for the purpose of carrying out the provision of this Act.

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

Wildlife Conseravtion Act 2010

LICENSING PROVISION

Requirement for license (subject to provision).

Hunt-keep, take-keep any part of any protected wildlife Collect birds nest Carry on the business of dealing Carry on the taxidermy business Import, export or re-export any protected wildlife

Requirement for permit

Operate a zoo Operate a commercial captive breeding Operate a circus or wildlife exhibition Carry out research or study on a protected wildlife

Wildlife Conseravtion Act 2010

LICENSING PROVISION (contd)

Requirement for special permit Application for license Additional information or document Grant of license Power to impose additional conditions and to vary or revoke conditions Validity of license Carrying or displaying license Change of particulars

Loss of license Replacement of license Assignment of license Return of license (upon expiry) Suspension or revocation of license License (to be void) Appeals

Wildlife Conseravtion Act 2010

MISCELLANEOUS
Hunting by means of shooting No license during close season Prerequisites to operate zoo Prohibition of possessing Offspring of totally protected wildlife be deemed protected wildlife Barred from holding a license Limitation on granting license or permit Registers Power of Director General to prescribed rules Power of Director General to Wildlife Conseravtion Act 2010 prescribed conditions

DUTIES & OBLIGATIONS OF LICENSED HUNTER

Licensed hunter to record certain particulars

Number, sex, species, date, locality, methods of hunted, methods and date of disposal of wildlife

Licensed dealer to keep record Licensed taxidermist to keep record Receipt of wildlife to be prepared (by licensed taxidermist) Sale of protected wildlife by licensed hunter Sale of birds nest by birds nest collector Purchase of protected wildlife by licensed dealer or licensed taxidermist

Period during Period during which wildlife may be sold by licensed dealer
Issue of receipt Wildlife tagging Keeping wildlife at other premises
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WILDLIFE RESERVES & WILDLIFE SANCTUARIES

Declaration of wildlife reserves and wildlife sanctuaries Permits to enter wildlife reserves and wildlife sanctuaries Prohibition of certain acts in wildlife reserves and wildlife sanctuaries

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Wildlife Conseravtion Act 2010

GENERAL EXCEPTIONS & PRESUMPTIONS

Hunting, etc., for the purpose of conservation Aborigine may hunt certain wildlife Officers may hunt wildlife Owner or occupier of land may use birdlime to destroy grain-eating birds

Capturing or killing of wildlife for protection of crops

Wildlife which is an immediate danger to human life may be killed Presumption of attempting to hunt if decoy is used Presumption of using snare Presumption against occupier Presumptive evidence
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OFFENCES & PENALTIES - Relating to Licence

Hunting, etc., protected wildlife without licence

Hunting, etc., immature protected wildlife without licence Hunting, etc., female of protected wildlife without licence Carrying out business of dealing, etc., without licence Collecting birds nests without licence Importing, etc., protected wildlife without licence

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Wildlife Conseravtion Act 2010

OFFENCES & PENALTIES - Relating to Permit

Operating zoo, etc., without permit Carrying out research or study without permit

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Wildlife Conseravtion Act 2010

OFFENCES & PENALTIES - Relating to Special Permit

Hunting, etc., totally protected wildlife without special permit Hunting, etc., immature totally protected wildlife without special permit Hunting, etc., female of totally protected wildlife without special permit Importing, etc., totally protected wildlife without special permit Using, etc., totally protected wildlife without special permit Carrying out research or study without special permit

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Wildlife Conseravtion Act 2010

Types of Licence Game Animals Licence(KPM 14A)

Wildlife Involved Wild Pig

Barking Deer Malayan Flying Fox Malayan Porcupine/ Brush-tailed Porcupine Banded Leaf-Monkey/ Silvered Leaf-Monkey/ Dusky Leaf-Monkey Common Palm Civet/ Malay Civet Lesser Mouse-Deer Large Mouse-Deer Sambur Deer Pig-tailed Macaque Water Monitor Python Asiatic Cobra Long-tailed/Crab-eating Macaque Schedule Five, Protection of Wild Life Act 1972 [Act 76] Part I, Schedule Four, [Act 76] Part II, Schedule Four [Act 76]

Fees and Validity RM 20.00 for 1 month RM 50.00 for 3 months RM 100.00 for 6 months RM 200.00 for one year RM 100.00 each for 1 month RM 50.00 for 50 heads for 3 months RM 50.00 for 5 heads for 1 month RM 50.00 for 5 heads for 1 month

Open Season All Year

1st Nov -30th Nov 7.00 pm -12.00 am & 5.00 am - 7.00 am All Year All Year

RM 50.00 for 5 heads for 1 month RM 50.00 for 5 heads for 4 months RM 50.00 for 5 heads for 4 months RM 200.00 each for 1 month RM 50.00 for 5 heads for 1 month RM 50.00 for 50 heads for 3 months RM 50.00 for 50 heads for 3 months RM 50.00 for 50 heads for 3 months RM 50.00 for 5 heads for 1 month RM 1.00 for 1 head (alive) and RM 4.00 for 1 head (dead) for 1 month RM 50.00 RM 50.00 for 10 heads for 1 month RM 200.00 for 1 year RM 100.00 for 1 year RM 150.00 for 1 year RM 1.00 each RM 1.00 each RM 10.00 each RM 3.00 per kilogram RM 5.00 each RM 0.10 per gram RM 75.00 with a maximum of 3 heads per license for 6 months RM 75.00 with a maximum of 3 heads per licence for 5 months RM 25.00 each for 1 licence for 3 years RM 25.00 each for 1 licence for 3 years RM 10.00 for 1 year RM 10.00 per lifetime

All Year 1st May 31st Aug 1st May 31st Aug 1st Nov -30th Nov All Year All Year All Year All Year All Year All Year Only during Open Season & No Bag Limit All Year July - December August - December -

DWNP LICENSES AND FEES

Other Protected Animals Licence(KPM 15A)

Protected Insects Licence (KPM 16A) Game Birds Licence(KPM 17A) Other Protected Wild Birds Licence (KPM 18A) Licence To Carry On The Business Of A Dealer(KPM19A)

Wild Animals or Wild Birds Food/ Medicinal purposes inclusive Wild Animals or Wild Birds Licence To Carry On The Business Of A Taxidermy process involving Protected Taxidermist(KPM 20A) Wild Animals or Protected Wild Birds Licence to Import or Export Protected Wild Insects Animals and Wild Birds(KPM 21A) Skin Wild Animals Wild Life Meat Trophy Swiftlet Bird Nest Licence to Take Protected Wild Birds(KPM 22A) Common Shama Oriental White-eyes Licence To House Or Confine Protected Wild Birds Other Than As A Dealer (KPM 23A) Common Shama Oriental White-eyes Licence to House Or Confine Protected Wild Animals And Protected Wild Birds(KPM 24A) Licence to Keep The Trophy Of The Protected Wild Animal Or The Protected Wild Bird(KPM 25A) Licence to Harvest Birds Nest(KPM 26A) Part III, Schedule Two and Part II, Schedule 4 [Act 76] Part III, Schedule Two and dan Part II, Schedule 4 [Act 76] Black-nest Swiftlet Edible-nest Swiftlet

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Wildlife Conseravtion Act200.00 for 1 year RM 2010

MICELLANEOUS

Damaging, etc., nest or egg of protected wildlife Damaging, etc., nest or egg of totally protected wildlife Hunting, etc., wildlife in wildlife reserve or wildlife sanctuary Hunting wildlife during prohibited hours Hunting protected wildlife during close season Hunting wildlife with poison, etc. Hunting wildlife with arms or traps other than prescribed
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MICELLANEOUS (contd)

Hunting, etc., wildlife within four hundred metres of salt lick Hunting wildlife from conveyance Possession of licence, etc., bearing others name Licence, etc., kept at different address Disturbing salt lick or its vicinity Cruelty to wildlife Things containing derivative of totally protected wildlife Provocation of wildlife

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Wildlife Conseravtion Act 2010

POWERS RELATING TO ENFORCEMENT

Offences under Act to be seizable offences Authorization of public officer Authority card Power of investigation Power of arrest Search and seizure with warrant Search and seizure without warrant Search of person Power to enter land Power to enter premises Access to computerized data
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POWERS RELATING TO ENFORCEMENT (contd)

Setting up, etc., obstruction on road, etc. Power to stop, search and seize conveyance Warrant admissible notwithstanding defects List of things seized Temporary return of conveyance Disposal of seized wildlife Power to require attendance of person acquainted with case Examination of persons acquainted with case
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Admissibility of statements in evidence Release of things seized Forfeiture of wildlife, etc., seized Property in forfeited wildlife, etc. Cost of holding wildlife, etc., seized No costs or damages arising from seizure to be recoverable Obstruction to search Additional powers Joinder of offences

Wildlife Conseravtion Act 2010

GENERAL
Controlled species Hybrid deemed a controlled species Prohibition on hybridization activity Purchase of protected wildlife, etc., by persons other than licensed dealer, etc. Sale of wildlife unlawfully hunted Report on dangerous wildlife to be made Report made to public officer to be conveyed to officer Offence committed by body Wildlife Conseravtion Act 2010 corporate

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GENERAL (contd)

General offence Compounding of offences Institution of prosecution Protection against suit and legal proceedings Public Authorities Protection Act 1948 Protection of informers Rewards Regulations Power of the Minister to exempt Power to amend Schedules Repeal and saving provisions Transitional provision
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SCHEDULES

FIRST SCHEDULE

SECOND SCHEDULE

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Wildlife Conseravtion Act 2010

SCHEDULES (contd)

THIRD SCHEDULE

FOURTH SCHEDULE

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Wildlife Conseravtion Act 2010

SCHEDULES (contd)

FIFTH SCHEDULE

SIXTH SCHEDULE

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Wildlife Conseravtion Act 2010

SCHEDULES (contd)

SEVENTH SCHEDULE

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Wildlife Conseravtion Act 2010

CONCLUSION
WILDLIFE ARE EXTINCT!!!
Saves, protect wildlife & its habitat. Through science, global conservation, education & management, it could change our attitudes towards nature & help people imagine wildlife & humans living in harmony for ecological balance. When the buying stop, the killing can too.. WWF

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Wildlife Conseravtion Act 2010

End of lecture Sept2011-Jan2012

GOOD LUCK IN YOUR EXAMINATION

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