WILDLIFE CONSERVATION ENACTMENT 1997
(Enactment No. 6 of 1997)
WILDLIFE REGULATIONS 1998
In exercise of the powers conferred upon him by section 105 of the Wildlife Conservation Enactment 1997, the Minister of Tourism and Environmental Development has made the following regulations:
PART I
PRELIMINARY
1. Title and commencement.
These regulations may be cited as the Wildlife Regulations 1998 and shall come into force on such date as the Minister may by notification in the Gazette appoint. [c.i.f. 01.08.1998]
2. Interpretation.
In these regulations, unless the context otherwise requires the terms and phrases used herein shall have the same meanings as assigned to them in the Enactment –
"animal farming establishment" means any area, enclosure, impoundment, premises or structure set up or used on land or water for the breeding, hatching, rearing and keeping of animals;
"Enactment" means the Wildlife Conservation Enactment 1997;
"open part of a Wildlife Sanctuary" means such part of a Wildlife Sanctuary as shall be open to members of the public pursuant to the Enactment; and
"plant cultivation establishment" means any area, enclosure, premises or structure set up or used on land or water for the propagation and cultivation of plants.
PART II
LICENSING AND SERVICES OF WILDLIFE GUIDES
3. Wildlife guide to be issued with and wear number and badge.
(1) The licence of a wildlife guide shall be in a form approved by the Director and shall bear a number.
(2) Each wildlife guide shall in addition to a licence be issued with a badge of the Wildlife Department bearing the number of the licence of that guide.
(3) A wildlife guide shall, whenever practicable, wear the badge issued to him when exercising functions under the Enactment.
4. Identification card.
(1) The Director shall cause each Wildlife Officer, Honorary Warden and wildlife guide to be issued with an identification card in a form approved by the Director.
(2) Where a person in possession of an identification card issued to him under subregulation (1) ceases to be a Wildlife Officer, Honorary Wildlife Warden or wildlife guide, as the case may be, he shall forthwith surrender the identification card to the Director or his representative.
(3) A Wildlife Officer, an Honorary Wildlife Warden or a wildlife guide shall, whenever practicable and if so requested, produce his identification card when exercising any powers under section 88 or 89 of the Enactment.
5. Fees for services of wildlife guides.
(1) Fees for the services of a licensed wildlife guide shall be calculated at either a seven-day rate, a daily rate or an hourly rate, where in the latter case a guide is employed for less than eight hours.
(2) Fees for services of a licensed wildlife guide shall be as prescribed in Schedule 3.
PART III
ADMINISTRATION OF WILDLIFE SANCTUARIES
6. Entry into Wildlife Sanctuaries.
(1) No person shall enter the open part of a Wildlife Sanctuary except if that person –
(a) lawfully resides in the Sanctuary;
(b) is acting in the course of his duties; or
(c) has been issued with a permit so to enter or is one of the permitted number of occupants of a motor vehicle in respect of which a motor vehicle permit has been issued.
(2) The permit referred to in subregulation (1) shall be in such form as the Director shall decide and shall be issued subject to the payment of the fees set out in item 1 of Schedule 2 which may be waived or reduced by the officer in charge of a Wildlife Sanctuary in accordance with the written instructions of the Director.
(3) A Wildlife Officer may refuse to permit a person to enter or to be within a Wildlife Sanctuary if in the opinion of the officer the presence of such person would be detrimental to the proper management and control of the Sanctuary and any such person if found in the Sanctuary may be ordered to leave the Sanctuary.
7. Approved entrances and exits.
(1) Except with the approval of the Director or officer in charge of a Wildlife Sanctuary, no person shall enter or leave a Wildlife Sanctuary except at an approved entrance or exit.
(2) The officer in charge of a Wildlife Sanctuary shall cause each approved entrance and exit to be clearly marked.
8. Closure of open parts of Wildlife Sanctuaries.
(1) The Director or officer in charge of a Wildlife Sanctuary may for such period as he shall consider fit, for the protection of animals or plants, for safety of the public, for the protection of a road or track or for climatic or any other reason, close to –
(a) the public the whole or any part of the open part of a Wildlife Sanctuary or a road or track or part of a road or track therein; or
(b) any class of people or traffic the whole or any part of the open part of a Wildlife Sanctuary or a road or track or part of a road or track therein.
(2) For the purpose of this regulation, any portion of a Wildlife Sanctuary or any road or part of a road whereon there has been placed a notice, sign, mark, gate, fence or barricade indicating that it has been closed to the public or any class of persons or traffic shall be considered to be closed in accordance with this regulation.
9. Disturbing animals in Wildlife Sanctuaries.
(1) Except where authorised under the Enactment, no person shall molest, provoke or disturb any animal within a Wildlife Sanctuary.
(2) For the purpose of this regulation, any person, who approaches or follows any animal or makes any sudden movement or noise or flashes a light or does anything else in such manner as intentionally to cause any animal to move away from where it is or to change its direction of travel or to increase its pace or speed of travel or to become frightened or to stampede shall be considered to have disturbed the animal.
10. Killing or wounding animals to be reported.
Any person who kills or wounds an animal within a Wildlife Sanctuary, except as authorised under the Enactment, shall, without delay report such killing or wounding and the circumstances thereof to the officer in charge of the Wildlife Sanctuary.
11. Acts prohibited within the open part of a Wildlife Sanctuary.
No person shall in the open part of a Wildlife Sanctuary -
(a) camp other than at an approved camping site;
(b) other than a person with a right to reside, be there, except between the hours of 7 a.m. and 6 p.m., other than within the confines of a tourist village, hotel, lodge or camping site;
(c) except with the written permission of the Director or if accompanied by a Wildlife Officer or wildlife guide –
(i) be in any place within that open part except at an approved stopping place or in a motor vehicle designed to travel on not less than four wheels;
(ii) alight from a motor vehicle or boat except at an approved stopping place, tourist village, hotel, lodge, camping site, designated picnic site or an animal hide; or
(iii) travel within that open part on foot at any place not included in paragraph (ii);
(d) light any fire except within the confines of an approved camping site;
(e) unless specifically authorised in writing by the Director, drive a motor vehicle other than on an approved track or road;
(f) drive a motor vehicle with a defective or wholly or partly inoperative silencing system or exhaust or a motor vehicle producing such noise as may cause alarm, annoyance or disturbance to any animal or person;
(g) sound a motor horn;
(h) exceed a speed of forty kilometres per hour in a motor vehicle;
(i) cause a motor vehicle to be stopped on any track or road in such manner as to obstruct or impede the passage of any other motor vehicle;
(j) except with the written permission of the Director, tow a caravan or trailer;
(k) get out of, stand up in or on a motor vehicle except at an approved stopping place or if authorised by a Wildlife Officer or wildlife guide;
(l) enter any part thereof that has been closed to the public;
(m) travel, except in the company of a wildlife Officer or wildlife guide;
(n) introduce or entice or remove or entice therefrom any animal, including a domestic animal, or introduce or remove any plant;
(o) destroy or damage any object; or
(p) on or immediately outside the boundary thereof, move, interfere with, damage or destroy any notice, fence, bollard, cone, boundary marker or other such thing.
12. Permits to fish in a Wildlife Sanctuary.
(1) No person shall fish in the open part of a Wildlife Sanctuary except in such place or places as may be specified in a –
(a) permit issued to him; or
(b) block permit issued pursuant to subregulation (3) by or on behalf of the officer in charge of the Wildlife Sanctuary.
(2) A permit referred to in subregulation (1)(a) may be issued by or on behalf of the officer in charge of the Wildlife Sanctuary at his discretion subject to the payment of the fee set out in item 2 of Schedule 2 and to such terms and conditions including the number and species of fish that may be taken as may be endorsed thereon.
(3) The officer in charge of a wildlife Sanctuary may issue a block fishing permit to an angling society or club approved by the Director or to a licensed wildlife tour operator which shall entitle a paid-up member of the society or club or a bona fide nominated customer of the operator to fish subject to the terms and conditions of the permit and the limit on the number and species of fish which shall be fixed in relation to the permit from time to time by the officer in charge of the Wildlife Sanctuary.
(4) A person fishing under the authority of a block fishing permit shall produce proof, satisfactory to a Wildlife Officer, if so requested, of that person's membership of a society or club or of nomination by a wildlife tour operator to which or to whom a block fishing permit has been issued.
13. Restrictions on fishing gear.
Except where any traditional gear has been authorised pursuant to the Enactment, no person may use any gear for fishing in a Wildlife Sanctuary other than a rod and line or a handline to which:
(a) not more than three single hooks are attached; or
(b) not more than one lure having not more than three single, three double or three treble hooks is attached.
14. Returns to be made by fishermen in Wildlife Sanctuaries.
A person who fishes in a Wildlife Sanctuary under the authority of a permit granted to him or of a block fishing permit shall, if required under the conditions of the permit or by a Wildlife Officer, make a return in writing to a Wildlife Officer stating the number, weight and species of fish caught and removed from the waters in the Sanctuary and giving any other relevant information that may be so required.
15. Prohibition of possession of and discharge of weapons.
(1) No person shall, except with the written permission of the Director or officer in charge –
(a) bring into the open part of a Wildlife Sanctuary any weapon, ammunition, explosive, trap, snare, or poison or be in possession of any such article within such open part; or
(b) intentionally discharge any weapon so that a projectile therefrom passes over any portion of or falls within such open part.
(2) A permission granted under subregulation (1)(a) shall be subject to such conditions as the Director or officer in charge shall impose including a requirement that any such weapon or article be deposited with a Wildlife Officer.
16. Discarding litter or causing a nuisance.
No person shall within the open part of a Wildlife Sanctuary –
(a) discard any litter except in a place provided therefor or in any way disfigure the Wildlife Sanctuary;
(b) discard any lighted cigarette or other smoking material, match or any other article or material likely to cause fire: or
(c) unnecessarily cause or make any noise or do any act which is likely to disturb or annoy any other person or any animal.
17. Trading in a Wildlife Sanctuary.
No person shall, except with the permission of the Director –
(a) display any notice or advertisement within the open part of a Wildlife Sanctuary or at any entrance to or on the boundary of that open part; or
(b) collect any money from members of the public or sell or offer any goods for sale or carry on any trade or business within that open part.
18. Visitors to comply with lawful orders.
(1) A wildlife Officer or a wildlife guide in charge of a visitor or party of visitors may issue orders, notices or directions either orally or in writing for the purpose of –
(a) preventing within any Wildlife Sanctuary any damage or any injury to any animal or plant or any behaviour on the part of any visitor which is likely to cause damage or injury or disturb or provoke any animal;
(b) ensuring the safety of visitors within a Wildlife Sanctuary;
(c) preventing any nuisance within a Wildlife Sanctuary: and
(d) ensuring that the provisions of the Enactment are complied with.
(2) It shall be a condition of entry of any person into the open part of a Wildlife Sanctuary that he shall comply with any lawful order, notice or direction, whether oral or written, given or issued pursuant to subregulation (1) while within the Wildlife Sanctuary.
(3) If any person fails to comply with or contravenes any order, notice or direction lawfully given or issued to him under this regulation, a Wildlife Officer or wildlife guide may either orally or in writing cancel the entry permit of such person, without refund of any fee paid, and may require such person to leave the Wildlife Sanctuary forthwith and if such person refuses to leave he may be removed from the Sanctuary with such force as may be reasonable.
19. Removal from and prohibition of re-entry of persons into Wildlife Sanctuaries.
(1) Notwithstanding the issue of any permit or authority, a Wildlife Officer may order a person to leave a Wildlife Sanctuary if that person contravenes any of the provisions of this Part.
(2) A person ordered to leave a Wildlife Sanctuary pursuant to this regulation or regulation 18(3) shall comply with such order forthwith and shall not be entitled to a refund of the whole or part of any fee paid in respect of that person's entry into the Sanctuary.
(3) A person who refuses to leave a Wildlife Sanctuary when ordered to leave under subregulation (1) may be removed therefrom with such force as may be reasonable.
(4) A person who has been ordered under these regulations to leave a Wildlife Sanctuary may, by notice in writing served on him, be prohibited by the Director for a period not exceeding twelve months from entering the Wildlife Sanctuary from which that person was ordered to leave or, where that person has committed an offence, from entering any Wildlife Sanctuary.
(5) A person who is aggrieved by a prohibition made under subregulation (4) may appeal within thirty days of being notified of the prohibition under subregulation (4) to the Minister whose decision shall be final.
(6) A person who enters a Wildlife Sanctuary contrary to a subsisting prohibition made under this regulation commits an offence against these regulations.
PART IV
PROHIBITED WEAPONS AND HUNTING LICENCES
20. Prohibited weapons.
The classes of weapons listed in the first column of Schedule 4 shall be prohibited weapons for the purpose of hunting animals of the species listed opposite these weapons in the second column of that Schedule.
21. Sub-categories of hunting licences.
All hunting licences shall be divided into the following sub-categories for the purpose of the payment of fees:
(a) resident's licence; and
(b) non-resident's licence.
22. Application for hunting licence.
(1) An application for a hunting licence shall be made in Form 1 in Schedule 1.
(2) All applications shall be made to the Director and lodged, together with the requisite application fee, with the Wildlife Officer in charge of the wildlife area within which application is made to hunt.
(3) No licence, although approved, shall be issued to an applicant until the applicant has paid the fee for such licence.
23. Forms of hunting licences.
Hunting licences shall be in the Forms set out in Schedule 1, namely -
(a) sporting licence in Form 2;
(b) commercial licence in Form 3; and
(c) animal kampung licence in Form 4.
24. Hunting licence fees.
The fees payable on applications for a hunting licences shall be set out in item 3 of Schedule 2.
25. Employment of Wildlife Officer, Honorary Wildlife Warden or wildlife guide.
(1) Subject to subregulation (3), persons entitled to hunt under a sporting or commercial licence shall not hunt unless accompanied, if a non-Honorary resident of the State, by a Wildlife Officer, Honorary Wildlife Warden or wildlife guide and, if a resident of the State, by any such persons if so stipulated in the licence.
(2) A person required to be accompanied in accordance with subregulation (1) shall –
(a) supply the daily rations of the officer, warden or guide; and
(b) make such daily payment to the Government, warden or guide as may be stipulated by the Director.
(3) The Director may after such test of competence or inquiry as he shall consider fit exempt any person from the requirement of subregulation (1) generally or in relation to a specific wildlife area or specific species of animal and subject to such conditions as he may impose.
26. Animal product fees and permit fees.
(1) In addition to the licence fee, the holder of a sporting or commercial licence shall pay an animal product fee for each animal in respect of which he applies for a certificate of legal ownership.
(2) In addition to the licence fee, the holder of a sporting or commercial licence shall pay a fee for each animal or animal product fee in respect of which he is granted a permit pursuant to section 53(1) of the Enactment.
(3) The animal product fees payable under subregulation (1) shall be as set out in item 4 of Schedule 2 and the fees payable under subregulation (2) shall be as set out in item 5 of Schedule 2.
27. Requirement to have knowledge of the Enactment.
(1) An applicant for a licence, if a non-resident of the State, shall not be issued with a sporting or commercial licence unless such applicant satisfies the officer issuing the licence that the applicant has a copy of the Enactment and regulations made thereunder.
(2) An applicant for a licence, if a resident of the State, shall not be issued with a sporting or commercial licence unless such applicant satisfies the officer issuing the licence that the applicant has a basic knowledge of the Enactment and regulations made thereunder.
(3) A person who is issued a hunting licence shall not be entitled to plead in defence of a prosecution for an offence against the Enactment that the issuing officer failed to satisfy himself of the defendant's knowledge pursuant to subregulation (1) or (2).
28. Registers of animals, ammunition card and census forms.
Unless otherwise stated in the licence, every person issued with a hunting licence except for an animal kampung licence shall be issued with a register of animals killed, captured or wounded in Form 5 in Schedule 1, an ammunition card in Form 6 in Schedule 1 and a wildlife census form in Form 7 in Schedule 1 and shall complete such forms in accordance with section 35 of the Enactment.
29. Restriction on butchering of animals in the field.
(1) Subject to subregulation (2), a person who kills an animal under the authority of a hunting licence shall not butcher or cut the animal or remove any part therefrom within the wildlife area specified in the licence.
(2) A person who does not require the meat from an animal killed under the authority of a hunting licence and offers it to a kampung pursuant to section 52(2) of the Enactment may remove and retain a skin, claw, tooth or other animal product from the animal provided that, while in the hunting area, it is kept separate from the animal product of any other animal for the time being in the possession of that person and it is possible on inspection to identify the animal product as coming from a particular animal.
PART V
POSSESSION OF AND TRADE IN ANIMALS
30. Certificates of legal ownership.
A certificate of legal ownership shall be in Form 8 in Schedule 1 and, when no animal product fee is payable in accordance with regulation 26, the fee set out in item 6 of Schedule 2 shall be payable on the issue of the certificate.
31. Application to keep an animal in captivity.
(1) A person who wishes to keep an animal in captivity may apply to the Director for an animal captivity permit in Form 9 in Schedule 1.
(2) An application under subregulation (1) and the requisite application fee set out in item 7 of Schedule 2 shall be lodged with the Wildlife Officer in charge of the wildlife area within which it is intended to keep the animal, the subject of the application.
(3) An application under this regulation shall be accompanied by details, including plans where appropriate, of the arrangements that will be made to accommodate and confine the animal.
(4) The intended accommodation of the animal shall comply with the standard specifications for accommodation of an animal of that species issued from time to time by the Director or, if no such general standard has been issued, with such specifications as shall be given by the Director to the applicant on request.
32. Inspection of animal accommodation.
(1) If, in all other respects, an application made under regulation 31 is approved, the Director shall cause an inspection to be made of the intended accommodation for the animal prior to the issue of a permit and shall suspend the issue of such permit if the accommodation, in the opinion of the inspecting officer, does not meet the required specifications.
(2) If the applicant fails to bring the accommodation up to the required specifications within thirty days of an inspection under subregulation (1) or such longer period, not exceeding thirty days, as the Director may allow, the animal, the subject of the application under regulation 31, shall be confiscated and any temporary permit granted under regulation 33 cancelled.
33. Temporary animal captivity permit.
(1) Where a person makes an application under regulation 31 and that person has lawfully acquired the animal, the subject of the application, the Director may grant that person a temporary captivity permit allowing that person to keep the animal while the application is being considered.
(2) A permit granted under subregulation (1) shall be valid for not more than sixty days or until the permit is granted or refused, whichever is the shorter period, but may be extended if the Director considers fit.
34. Form of animal captivity permit and fees.
An animal captivity permit shall be in Form 10 in Schedule 1 and a temporary animal captivity Permit shall be in a form approved by the Director from time to time and the fees payable on the grant of an animal captivity permit and or a temporary animal captivity permit or renewals thereof shall be as set out in item 7 of Schedule 2.
35. Animal dealer's permit.
(1) An application for an animal dealer's permit shall be made in Form 11 in Schedule 1 and shall be accompanied by the fee set out in item 8 of Schedule 2.
(2) An animal dealer's permit shall be in Form 12 in Schedule 1 and shall be issued on payment of the fee set out in item 8 of Schedule 2.
(3) An animal dealer's permit shall be valid until the 31st day of December in the year of issue but may be renewed on application being made therefor accompanied by the fee set out in item 8 of Schedule 2 not later than the thirtieth day of November during the currency of the licence.
(4) An animal dealer's permit shall be issued on payment of the fee set out in item 8 of Schedule 2 in the name of the owner or manager of the dealer's firm or corporate body.
36. Activities authorised under an animal dealer’s permit.
(1) An animal dealer's permit shall authorise a person –
(a) to purchase animals or animal products -
(i) from any person with authority under the Enactment to sell dealer's animals or animal products;
(ii) born or hatched or obtained from animals horn or hatched in captivity;
(b) within the premises to which the permit relates, to preserve, prepare, mount, carve, embellish or otherwise process or use in manufacturing any animal products which have been lawfully obtained; and
(c) within the premises to which the permit relates and in such other places as the permit may specify, to sell animals and animal products which have been lawfully obtained.
(2) An animal product for the purposes of this regulation may include an animal product traditionally believed to have medicinal properties but no permit issued under regulation 35 shall be taken to endorse such belief nor exempt a dealer from any requirement to obtain a permit under any pharmaceutical or health laws.
37. Registers of animals and animal products.
(1) The holder of an animal dealer's permit shall –
(a) maintain or cause to be maintained a register of all animals and animal products received, possessed and traded in the course of his business in a form approved by the Director;
(b) keep adequate records and books of account relating to the preservation, manufacture from and sale of animal products by him:
(c) on being requested to do so during business hours, immediately make the records and books referred to in paragraph (b) available for inspection by a Wildlife Officer; and
(d) within seven days after the end of each month, furnish to the Director a return giving details of the transactions (if any) relating to the acquisition of animals or animal products for preservation, manufacture or sale during the preceding month.
(2) If a dealer is found to be in possession of animals or animal products in excess of the amount shown to be in his possession by his records he shall be in illegal possession of such excess.
38. Game meat dealer’s permits.
(1) An application for a game meat dealer's permit shall be made in Form 13 in Schedule 1 and be accompanied by the fee set out in item 9 of Schedule 2.
(2) An applicant under subregulation (1) shall satisfy the Director that the applicant has such other permits and approvals as shall be required under any law for the time being in force for the sale or serving of meat.
(3) A game meat dealer's permit shall be in Form 14 in Schedule 1 and may be issued on payment of the fee set out in item 9 of Schedule 2.
(4) A holder of a game meat dealer's permit shall maintain such records and books of account and make such returns to the Director as the Director may require.
(5) Nothing in this regulation shall make it lawful for a person to sell meat of an animal which has been hunted in contravention of the Enactment.
PART VI
PROTECTION OF PLANTS
39. Plant collection licences.
(1) Each commercial plant collection licence shall be limited to such part of a plant as shall be stipulated in the licence.
(2) All plant collection licences shall be divided into the following sub-categories for the purpose of the payment of fees:
(a) resident's licence; and
(b) non-resident's licence.
40. Application for plant collection licences.
(1) An application for a plant collection licence shall be made in Form 15 in Schedule 1.
(2) All applications shall be made to the Director and lodged, together with the requisite application fee, with the Wildlife Officer in charge of the wildlife area within which application is made to harvest plants.
(3) No licence, although approved, shall be issued to an applicant until the applicant has paid the fee for such licence.
41. Forms of plant collection licences.
Plant collection licences shall be in the Forms in Schedule 1, namely -
(a) collector's plant collection licence in Form 16; and
(b) commercial plant collection licence in Form 17.
42. Plant collection licence fees.
The fees payable on applications for and for plant collection licences shall be as set out in item 10 of Schedule 2.
43. Employment of Wildlife Officer, Honorary Wildlife Warden or wildlife guide.
(1) Subject to subregulation (3), a person entitled to harvest plants under a collector's or commercial plant collection licence shall not harvest plants unless accompanied, if a non-resident of the State, by a Wildlife Officer, Honorary Wildlife Warden or wildlife guide and, if a resident of the State, by any such persons if so stipulated in the licence.
(2) A person required to be accompanied in accordance with subregulation (1) shall –
(a) supply the daily rations of the officer, warden or guide; and
(b) make such daily payment to the Government, warden or guide as may be stipulated by the Director.
(3) The Director may after such test of competence or inquiry as he shall consider fit exempt any person from the requirement of subregulation (1) generally or in relation to a specific area or specific species of plant and subject to such conditions as he may impose.
44. Plant dealer's permit.
(1) An application for a plant dealer's permit shall be made in Form 18 in Schedule 1 and shall be accompanied by the fee set out in item 11 of Schedule 2.
(2) A plant dealer's permit shall be in Form 19 in Schedule 1 and shall be issued on payment of the fee set out in item 11 of Schedule 2 in the name of the owner or manager of the dealer's firm or corporate body.
(3) A plant dealer's permit shall be valid until the 31st day of December in the year of issue but may be renewed on application being made therefor accompanied by the fee set out in item 11 of Schedule 2 not later than the thirtieth day of November during the currency of the licence.
45. Activities authorised under a plant dealer's permit.
(1) A plant dealer's permit shall authorise a person –
(a) to purchase plants –
(i) from any person with authority under the Enactment to sell plants;
(ii) artificially propagated or obtained from plants that have been artificially propagated;
(b) within the premises to which the permit relates, to hold and care for plants that have been lawfully obtained: and
(c) within the premises to which the permit relates and in such other places as the permit may specify, to sell plants which have been lawfully obtained.
(2) A plant or part thereof or product therefrom for the purposes of this regulation may include a plant, part thereof or product therefrom traditionally believed to have medicinal properties but no permit issued under regulation 44 shall be taken to endorse such belief nor exempt a dealer from any requirement to obtain a permit under any pharmaceutical or health laws.
46. Registers of plants.
(1) The holder of a plant dealer's permit shall –
(a) maintain or cause to be maintained a register of all plants received, possessed and traded in the course of his business in a form approved by the Director;
(b) on being requested to do so during business hours, immediately make the records and books referred to in paragraph (b) available for inspection by a Wildlife Officer; and
(c) within seven days after the end of each month, furnish to the Director a return giving details of the transactions (if any) relating to the acquisition of plants for retention and sale during the preceding month.
(2) If a dealer is found to be in possession of plants in excess of the amount shown to be in his possession by his records he shall be presumed to be in illegal possession of such excess.
47. Temporary plant sale or transfer permit.
(1) A person in lawful possession of any protected plant may apply to the Director in Form 20 in Schedule 1 for a temporary plant sale or transfer permit where that person wishes to dispose of such plant or any of them by way of sale, gift or otherwise.
(2) A temporary plant sale or transfer permit shall be in Form 21 in Schedule 1 and the fee payable prior to the issue thereof shall be that set out in item 12 of Schedule 2.
48. Certificate of sale or transfer of plant.
(1) Any person who sells or transfers a protected plant to a person who does not hold either a plant dealer's permit or a plant cultivation permit shall, on or before delivery of the plant to the purchaser or recipient, deliver to the purchaser or recipient a certificate of sale or transfer in a form approved by the Director, signed by himself and setting out the number of his licence or permit, particulars of the plant and the name and address of the purchaser or recipient.
(2) No person who does not hold a plant dealer's permit or plant cultivation permit shall accept a protected plant from a person unless he receives a certificate of sale or transfer from that person.
PART VII
CONTROL OF MOVEMENT OF ANIMALS AND PLANTS INTO OR OUT OF THE STATE
49. Issue of permits to take out animal etc.
(1) An application for a permit to take an animal, animal product or plant out of the State shall be made in Form 22 in Schedule 1 and be accompanied by the fee set out in item 13 of Schedule 2.
(2) In the case of a live animal, a permit shall not be issued unless the Director is satisfied that the animal is to be prepared and shipped in accordance with the IATA Live Animals Regulations for Transport by Air and the CITES Guidelines for Transport of Live Specimens by Marine or Terrestrial Shipments.
(3) A permit issued under subregulation (2) shall he in Form 23 in Schedule 1 and, subject to subregulation (2), may be issued on payment of the fee set out in item 13 of Schedule 2.
50. Issue of permits to bring in animal etc.
(1) An application for a permit to bring any animal, animal product or plant into the State shall be made in Form 24 in Schedule 1 and shall be accompanied by the fees set out in item 14 of Schedule 2.
(2) In the case of a live animal, a permit shall not be issued unless the Director is satisfied that the animal is to be prepared and shipped in accordance with IATA Live Animals Regulations for Transport by Air and the CITES Guidelines for Transport of Live Specimens by Marine and Terrestrial Shipments.
(3) A permit issued under subregulation (2) shall be in Form 25 in Schedule 1 and, subject to subregulation (2), may be issued on payment of the fee set out in item 14 of Schedule 2.
51. Certificates of origin.
(1) A person who requires a certificate of origin for the purpose of export of any animal, animal product or plant may apply to the Director therefor in writing, accompanied by the fee set out in item 15 of Schedule 2.
(2) The Director, upon being satisfied that the animal, animal product or plant for which the certificate is required originates from the State and upon payment of the fee set out in item 15 of Schedule 2, shall issue a certificate of origin in Form 26 in Schedule 1.
PART VIII
UTILIZATION OF WILDLIFE
52. Entry into Wildlife Hunting Areas.
(1) No person shall enter a Wildlife Hunting Area except if that person -
(a) lawfully resides in the area;
(b) is acting in the course of his duties; or
(c) has been issued with a permit so to enter.
(2) The permit referred to in subregulation (1) shall be in such form as the Director shall decide and shall be issued subject to the payment of the fees set out in item 16 of Schedule 2.
(3) A Wildlife Officer may refuse to permit a person to enter or to be within a Wildlife Hunting Area if in the opinion of the officer the presence of such person would be detrimental to the proper management and control of the area and any such person if found in the area may be ordered to leave the area.
53. Application of certain regulations to Wildlife Hunting Areas.
Part III of these regulations, except regulations 6 and 11, shall apply to Wildlife Hunting Areas and for that purpose the expression "Wildlife Hunting Area" shall be substituted, in those regulations, for the expression “Wildlife Sanctuary” or “open part of a Wildlife Sanctuary” wherever it occurs.
54. Acts prohibited within a Wildlife Hunting Areas.
No person shall in a Wildlife Hunting Area –
(a) camp other than at an approved camping site;
(b) except with the written permission of the Director or if accompanied by a Wildlife Officer or wildlife guide -
(i) be in any place within that open part except at an approved stopping place or in a motor vehicle designed to travel on not less than four wheels;
(ii) alight from a motor vehicle or boat except at an approved stopping place, tourist village, hotel, lodge, camping site, designated picnic site or an animal hide; or
(iii) travel within that open part on foot at any place not included in paragraph (ii);
(c) light any fire except within the confines of an approved camping site;
(d) unless specifically authorised in writing by the Director, drive a motor vehicle other than on an approved track or road;
(e) drive a motor vehicle with a defective or wholly or partly inoperative silencing system or exhaust or a motor vehicle producing such noise as may cause alarm, annoyance or disturbance to any animal or person;
(f) sound a motor horn:
(g) exceed a speed of forty kilometres per hour in a motor vehicle;
(h) cause a motor vehicle to be stopped on any track or road in such manner as to obstruct or impede the passage of any other motor vehicle;
(i) except with the written permission of the Director, tow a caravan or trailer;
(j) enter any part thereof that has been closed to the public;
(k) travel, except in the company of a Wildlife Officer or wildlife guide;
(l) introduce or entice into or remove or entice therefrom any animal, including a domestic animal, or introduce or remove any plant;
(m) destroy or damage any object; or
(n) on or immediately outside the boundary thereof, move, interfere with, damage or destroy any notice, fence, bollard, cone, boundary marker or other such thing.
55. Wildlife tour operators.
(1) An application for a wildlife tour operator's permit shall be made in Form 27 in Schedule 1 and shall be accompanied by the fee set out in item 17 of Schedule 2.
(2) A wildlife tour operator's permit shall be in Form 28 in Schedule 1 and shall be issued on payment of the fee set out in item 17 of Schedule 2 in the name of the owner or manager of the dealer's firm or corporate body.
56. Commercial filming, sound recording and photography.
(1) Subject to subregulation (7), an application for a permit to undertake any filming, video recording, sound recording or still photography of wildlife for commercial purposes in any protected area shall be made in writing to the Director not less than thirty days before the applicant desires to undertake the activity for which a permit is sought.
(2) An applicant shall furnish the Director with the names and nationalities of any or all persons who will partake in the activity for which a permit is sought and the name of an agent based in the State and provide all such references and other information as the Director may request.
(3) A permit granted under this regulation shall be subject to such conditions as the Director may attach thereto.
(4) Prior to the issue of a permit granted under this regulation, the Director may require the applicant to enter into a bond or make a cash deposit, acceptable to the Director, to secure the due performance of the conditions attached to the permit and the observance of the Enactment, including this regulation.
(5) An applicant shall, prior to the issue of a permit under this regulation pay the fee set out in item 18 of Schedule 2.
(6) A permit granted under this regulation shall not exempt the person authorised to carry out any activity hereunder from the requirement to obtain any other permit under the Enactment or any other law.
(7) The Director may reduce the period referred to in subregulation (1) if he considers that such reduction is appropriate.
57. Application for animal farming permit or plant cultivation permit.
(1) An application for an animal farming permit or plant cultivation permit shall be made to the Director in Form 29 in Schedule 1 not less than sixty days before the licence is required to come into effect unless the Director shall allow a lesser period.
(2) The application, which shall be signed by the applicant, shall be accompanied by the application fee set out in item 19 of Schedule 2, and shall contain all the information, including documents, required under the Enactment, and any other information required by the Director.
58. Conditions on issue and renewal of animal farming permit or plant cultivation permit.
No animal farming permit or plant cultivation permit shall be issued or renewed unless –
(a) an application has been made in accordance with regulation 57 and is true and correct in every way:
(b) any information requested by the Director and relevant to the proposed operation has been provided in the manner requested;
(c) the fee prescribed under regulation 59 has been paid; and
(d) the Director is satisfied that the animal farming or plant cultivation establishment satisfies or will satisfy, when established, the conditions applicable to it that the Director proposes to attach to the grant of the permit in accordance with section 81 of the Enactment.
59. Form of and fees for animal farming permit and plant cultivation permit.
An animal farming permit or a plant cultivation permit shall be in Form 30 in Schedule 1 and the fees for an animal farming permit and plant cultivation permit shall be payable at the rates specified in item 19 of Schedule 2.
60. Conditions applicable to animal farming permit and plant cultivation permit.
Every animal farming permit or plant cultivation permit shall be subject to the following conditions:
(a) the animal farming establishment or plant cultivation establishment specified in the permit shall be so operated as to minimise the risk of the development of diseases and the occurrence of pests in the animals or plants of the establishment and the spread of such diseases or pests and in particular shall be maintained and operated in accordance with such code of practice for the maintenance and operation of animal farming establishment or plant cultivation establishments as the Director may publish from time to time in the Gazette;
(b) animals slaughtered and meat therefrom and plants harvested from the establishment shall be handled in a sanitary manner and shall be transported in the containers required under the code of practice referred to in paragraph (a) to be used for the transport of animal meat and animal products or plants or plant products or sale of any of them;
(c) notification shall be given to the Director of such diseases affecting the stock of the animal farming establishment or plant cultivation establishment as the Director shall declare by notice given from time to time in the Gazette to be notifiable diseases;
(d) accurate registers and other records, in forms approved by the Director, shall be maintained relating to the operations of the plant cultivation establishment or animal farming establishment which shall be open to inspection by the Director or any officer acting under his authority;
(e) returns concerning the operation of the plant cultivation establishment or animal farming establishment shall be made to the Director as he shall from time to time require;
(f) the applicant shall insure and keep insured with an insurer approved by the Director against loss to the applicant occasioned by measures taken in accordance with regulation 61 and shall maintain such insurance; and
(g) such other conditions as may be attached to or endorsed on the permit.
61. Measures for dealing with outbreak of diseases.
(1) The holder of an animal farming permit or plant cultivation permit shall take such measures as shall be advised to such holder by the Director for the prevention of the spread of diseases or pests to or from the stock of the holder's establishment.
(2) Measures taken under subregulation (1) may include the destruction and disposal of the stock or part of the stock of the animal farming establishment or plant cultivation establishment by the permit holder under the supervision of the Director or, with the consent of the permit holder to such destruction and disposal, by the Director.
62. Captive breeding certificate and certificate of artificial propagation.
(1) Where the Director is satisfied that an animal has been bred in the State in captivity or that an animal product was acquired from such an animal he may, upon application being made therefor, issue a captive breeding certificate in respect of that animal or animal product.
(2) Where the Director is satisfied that a plant has been artificially propagated in the State he may, upon application being made therefor, issue a certificate of artificial propagation in respect of that plant.
(3) A captive breeding certificate shall be in Form 31 in Schedule 1 and a certificate of artificial propagation shall be in Form 32 in Schedule 1.
(4) An applicant for a captive breeding certificate or a certificate of artificial propagation shall on the application therefor pay the application fee set out in item 20 of Schedule 2 and prior to the issue of the relevant certificate, pay the fee set out in item 20 of Schedule 2.
(5) A certificate may be issued under this regulation in lieu of a permit issued under regulation 49(3) except in respect of an animal, animal product or plant of a species listed in Schedule 1 to the Enactment or Appendix 1 to the Convention.
(6) Where a certificate is issued under this regulation for the purposes of export, regulation 49(2) shall apply to the issue of that certificate.
63. Zoological and botanical gardens.
(1) Any person, society or association of persons that desires to establish and maintain a zoological or botanical garden shall apply in writing to the Director for a permit giving authority to establish and maintain such a garden.
(2) An applicant under subregulation (1) shall forward with the application –
(a) in the case of a society or association, a copy of the objects and rules of procedure of the society or association;
(b) the proposals for the establishment of the garden including a management plan for the first five years of its operation which shall include –
(i) estimates of capital and current expenditure and income;
(ii) proposed acquisitions, their sources and details of any hunting licence, plant collection licence or dealer's permit that may be required;
(iii) plans of the garden and specifications of buildings and enclosures which in the case of animals shall comply with the standard specifications issued by the Director from time to time or specifications issued to the applicant: and
(iv) proposals for by-laws that the applicant would desire that the Director imposes in respect of the proposed garden.
64. Form of, fees for, and regulations applicable to zoological or botanical garden permit.
(1) A zoological or botanical garden permit shall be in Form 33 in Schedule 1 and the fees therefor shall be payable at the rates specified in item 21 of Schedule 2.
(2) Regulations 60 and 61 shall apply to zoological and botanical gardens and for that purpose the expression “zoological or botanical garden” shall be substituted for the expression “animal farming establishment or plant cultivation establishment”, the expression “garden” shall be substituted for “establishment” and the expression “zoological or botanical garden permit” shall be substituted for “animal farming permit or plant cultivation permit”, where they occur.
PART IX
ENFORCEMENT
65. Use of firearms by Wildlife Officers.
Wildlife Officers who are issued with and licensed to use firearms shall carry the firearms for the carrying out of their functions under the Enactment and for no other purpose.
66. Disposal of forfeited animals, animal products, plants and other things.
(1) Where any animal, animal product, plant or thing is forfeited to the Government pursuant to the Enactment, the Director may, subject to subregulation (2), cause the animal, animal product, plant or other thing to be –
(a) sold by public action;
(b) destroyed;
(c) presented to a scientific or educational institution on permanent loan; or
(d) placed in a museum, zoological or botanical garden under the control of the Government.
(2) No animal, animal product, plant or other thing to which this regulation applies shall be disposed of by way of gift to nor acquired by a public officer in a private capacity except by way of purchase at public auction.
PART X
ADMINISTRATIVE PENALTIES
67. Administrative penalties.
For the purpose of section 101 of the Enactment –
(a) a notice under subsections (1) and (2) of that section shall be in Form 34 in Schedule 1;
(b) a notice under subsection (3) of that section shall be in Form 35 in Schedule 1; and
(c) a notice under subsection (7) of that section shall be in Form 36 in Schedule 1.
PART XI
GENERAL
68. Display of permits.
Every holder of an animal or plant dealer’s permit, a game meat dealer’s permit or a wildlife tour operator’s permit shall at all times display such permit in a prominent place in the part of the main business premises of the permit holder which is open to the public.
69. Notification of change of address or cessation of business of permit holder.
Every holder of a permit referred to in regulation 68 shall notify the Director in writing of the change or address or cessation of business of the permit holder within seven days of such change or cessation.
70. Issue of duplicate licence or permit.
Where the Director is satisfied that any licence or permit issued under these regulations has been lost or destroyed he shall issue a duplicate licence on payment of the fee set out in item 23 of Schedule 2.
71. Application for research permit.
(1) Subject to subregulation (7), an application for a research permit shall be made in writing to the Director not less than one hundred and eighty days before the applicant desires to undertake the activity for which a permit is sought.
(2) An applicant shall furnish the Director with –
(a) the names and nationalities of any or all persons who will partake in the activity for which a permit is sought;
(b) the name of an agent based in the State;
(c) evidence, satisfactory to the Director, of adequate financial support for the proposed activity;
(d) a description of the work to be carried out under the permit and, where relevant, a description of the technical aims of the work;
(e) all such references and other information as the Director shall request.
(3) A permit granted under this regulation shall be subject to such conditions as the Director may attach thereto.
(4) Prior to the issue of a permit granted under this regulation, the Director may require the applicant to enter into a bond, acceptable to the Director, to secure the due performance of the conditions attached to the permit and the observance of the Enactment, including this regulation.
(5) Subject to subregulation (7), an applicant shall, prior to the issue of a permit under this regulation, pay the fee specified in item 22 of Schedule 2.
(6) A permit granted under this regulation shall not exempt the persons authorised to carry out any activity hereunder from the requirement to obtain any other permit under the Enactment or any other law.
(7) The Director may allow a shorter period than stipulated in subregulation (1) where he considers it appropriate and may waive a fee provided for under subregulation (5) where he considers that the purpose for which a permit is required is to be undertaken for the benefit of the State or as a contribution to scientific cooperation between the State and another State of Malaysia or another country.
72. Performance Bonds.
(1) The Director may require that prior to the issue of a licence or permit under these regulations the applicant therefor shall enter into a bond upon such conditions acceptable to the Director as security for the due observance, during the term of the licence or permit, of the conditions of the licence or permit and the provisions of the Enactment.
(2) On the expiry of the licence or permit referred to in subregulation (1) or on the surrender thereof, the Director shall, if he is satisfied that the licence or permit holder has complied with the conditions of the licence and the provisions of the Enactment, discharge the liability of the licence or permit holder from the bond.
(3) When the Director is satisfied that a breach of the conditions of a licence or permit or the provisions of the Enactment has been committed by a licence or permit holder he may, not less than thirty days after giving notice of his intention to the licence or permit holder, forfeit the bond to the Government.
(4) A person aggrieved by the decision of the Director to forfeit the bond may within fifteen days of receiving a notice under subregulation (3) appeal to the Minister against such decision whose decision shall be final.
73. Charges for services.
The charges that the Director may levy for services undertaken by the Director or persons on his behalf or for any other acts for which he is empowered by the Enactment to levy charges shall be as stated in Schedule 3 or, where no charge is so stated, at such rate as the Director may consider appropriate.
74. Pre-Convention animals, animal products and plants.
(1) If the Director is satisfied that an animal, animal product or plant was removed from the wild or was first acquired by any person before the fifteenth day of July 1964, such animal, animal product or plant shall be a pre-Convention specimen for the purpose of the Enactment.
(2) A pre-Convention specimen shall, subject to subregulations (3) and (4), be exempted from the provisions of the Enactment.
(3) No pre-Convention specimen may be exported or re-exported unless the Director has issued a pre-Convention Certificate in such form as he shall decide in respect of that pre-Convention specimen,
(4) A person, who desires to bring into the State a pre-Convention specimen shall require to obtain a permit under regulation 50 which the Director shall grant if he is satisfied that the animal, animal product or plant is a pre-Convention specimen as provided in subregulation (1).
75. Offences and general penalty.
(1) Any person who contravenes, by act or omission, any of these regulations, any condition of any licence or permit issued under these regulations or any order, requisition or direction lawfully issued by any authorised officer under these regulations commits an offence and shall be liable on conviction to a fine of not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.
(2) Any person who commits an offence where no other penalty is provided shall be liable on conviction to a fine of not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.
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SCHEDULE 1FORMS FORM 1 (Reg. 22(1)) STATE OF SABAH WILDLIFE CONSERVATION ENACTMENT 1997
APPLICATION FOR HUNTING LICENCE
To the Director of Wildlife, Kota Kinabalu, Sabah,
1. Application is hereby made for the issue of the following licence: Sporting Licence/Commercial Hunting Licence* (*Delete where inapplicable)
2. Name in full .............................................................
3. State whether resident or non resident.........................................................
4. Residential Address ........................................................... …………………………………………………… …………………………………………………… ……………………………………………………
Non-residents give address in Sabah also .......................................………… …………………………………………………… …………………………………………………… ……………………………………………………
5. Particulars of firearms held and intended to be used for hunting under the licence applied for:
6. Firearms licence number or numbers ..................................................... Dates and places of issue .......................................…………................ [The applicant will be required to produce the licences before grant of a hunting licence and may be required to produce the relevant firearms].
7. List below the species, number of animals and area for which a licence or licences are sought. [Separate licences will be required for different areas if they are in different hunting areas] Species Number Area
8. In the case of a commercial hunting licence, state how many animals are to be captured and by what method. Species Number Method of capture
DECLARATION
I HEREBY DECLARE that the above particulars are correct and that I have a copy of and have studied the Wildlife Conservation Enactment 1997 and Regulations made thereunder / am aware of the provisions of the Wildlife Conservation Enactment 1997 and Regulations made thereunder.
I FURTHER DECLARE that I have not/I have:
(a) been convicted of (an) offence(s) under the wildlife or hunting laws of any country;
(b) had any licence or permit cancelled or suspended under the wildlife or hunting laws of any country;
(c) been refused a hunting licence or permit by the licensing authority of any country.
NOTES (1) The Regulations and the Director of Wildlife may divide hunting licences into sub-categories e.g. animal, bird, fish, birds nest. Advice should be sought from the licensing officer as to the category to be applied for. Different fees may apply to different categories.
(2) It is a serious offence under the Wildlife Conservation Enactment 1997 to make a false statement for the purpose of obtaining a licence.
(3) An application fee must be lodged with this application. If the application is approved the applicant will be informed of the fees to be paid and any information that will be required by the Director before a licence will be issued.
(4) An applicant may be required to undergo a test in proficiency in use of firearms, knowledge of Sabah's protected flora and fauna and knowledge of boundaries of wildlife protected areas.
Signature of applicant .................................................... Place ............................................................. Date ............................................................. Application fee enclosed RM ................................................
FOR OFFICIAL USE ONLY 1. Result of test 2. Issue of licence approved/not approved 3. Comments (if any)
……………………………………………. Signature and title of officerissuing licence on behalf of the Director.
Received application fee: RM Date:
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FORM 2 (Reg. 23(a)) STATE OF SABAH WILDLIFE CONSERVATION ENACTMENT 1997
SPORTING LICENCE
(Not transferable)
Licence Number .....…….....
Name in full .....................................……………………………..
Address in country of residence .................................................................………………………………………………………………………………………………….. The abovenamed person is authorised to hunt and kill animals of the species stated below in the area and of the number stated below subject to the above Enactment and Regulations made thereunder and the conditions endorsed on this licence.
……………………………………………………….. Signature and title of officer issuing licenceon behalf of the Director.
CONDITIONS
…………………………………………………………... Signature of issuing officer or officer endorsing amendment.
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FORM 3 (Reg. 23(b)) STATE OF SABAH WILDLIFE CONSERVATION ENACTMENT 1997
COMMERCIAL LICENCE
(Not transferable)
Licence Number ..........…………….
Name of licensee in full ........................……………………………… Address in country of residence .................……………………………………………................... Names of persons authorised to hunt under this licence ……………………………………………………………… ……………………………………………………………… ……………………………………………………………… The above-named persons are authorised to hunt animals of the species below in the area and number stated below and subject to the above Enactment and Regulations made thereunder and the conditions endorsed on this licence. Species Area Number
Fees paid: Date of issue: Date of expiry:
………………………………………………………..Signature and title of officer issuing licenceon behalf of the Director.
………………………………………………………………… Signature of issuing officer or officer endorsing amendment.
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FORM 4 (Reg. 23(c)) STATE OF SABAH WILDLIFE CONSERVATION ENACTMENT 1997
ANIMAL KAMPUNG LICENCE
Licence Number ....…………..........
The members of the kampung known as ......................................................................................................………..... represented by ...............................……………………………………………….………….. (Name of Native Chief/Headman) are authorised to hunt the animals of the species stated below in the number stated within a radius of ...............……………….. kilometres from ..................................…………... subject to the above Enactment and Regulations made thereunder and the conditions endorsed on this licence provided that they may only hunt with the following weapons or by the following methods:
Species Number
Date of issue: Date of expiry:
………………………………………………………..
Signature and title of officer issuing licence on behalf of the Director.
………………………………………………………………… Signature of issuing officer or officer endorsing amendment.
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FORM 5 (Reg. 28) STATE OF SABAH WILDLIFE CONSERVATION ENACTMENT 1997
REGISTER OF ANIMALS KILLED, WOUNDED OR CAPTURED
I ..................................... declare that the above is a true record in accordance with the Wildlife Conservation Enactment 1997 of all animals killed, wounded or captured under the licence(s) specified above.
Address: Date: …………………................................ Signature.
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FORM 6(Reg. 28) STATE OF SABAH WILDLIFE CONSERVATION ENACTMENT 1997
AMMUNITION CARD
Dates of expedition:
……………………………………………………… Signature of authorised officer who checked details.
Title: Date:
………………………………………………… Signature of authorised officer who checked details of ammunition still held.
Title: Date:
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FORM 7 (Reg. 28) STATE OF SABAH WILDLIFE CONSERVATION ENACTMENT 1997
WILDLIFE CENSUS FORM
Licence details: Name of licensee: Number and date of licence:
.................................................... Signature of authorised hunter.
Date:
NOTE: Licence holders/authorised hunters are requested to provide as much accurate information as possible in the interests of good animal management and the conservation of animals, plants and their habitats for the benefit of us all.
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FORM 8 (Reg. 30) STATE OF SABAH WILDLIFE CONSERVATION ENACTMENT 1997
CERTIFICATE OF LEGAL OWNERSHIP
Number:
(Name): ........................……..... of ...................………….........is hereby entitled to possess the following animal(s) or animal product(s):
Particulars of relevant hunting licence/permit or other permit:
Date:
……………………………………………………..
Signature and title of officer issuing certificate on behalf of the Director.
ENDORSEMENTS
...................................... Transferor.
...................................... Transferee.
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FORM 9 (Reg. 3 l (1)) STATE OF SABAH WILDLIFE CONSERVATION ENACTMENT 1997
APPLICATION FOR AN ANIMAL CAPTIVITY PERMIT
To the Director of Wildlife, Kota Kinabalu, Sabah,
1. Application is hereby made for the grant of an animal captivity permit:
2: Name in full:
3. Residential Address:
4. Details of other animal captivity permits held, (if any):
5. List below the species and number of animal for which a permit or permits are sought: (Separate permits are required for each animal).
6. Give brief details of the arrangements that will be made for the secure custody of the animal(s).
(Detailed plans and drawings will be required to be lodged with the Director. These will require to comply with the standard specifications for accommodation of the species of animal for which application is made. No permit will be issued until the accommodation has been inspected and approved on behalf of the Director. A temporary permit may be issued upon application.)
7. Give brief details of the diet that is proposed to be given to the animal(s):
(A diet plan will be given to the applicant, if successful, and it is likely that a condition of the licence will require that this plan is observed).
DECLARATION
I HEREBY DECLARE that the above particulars are correct and that I have a copy of and have studied the Wildlife Conservation Enactment 1997 and Regulations made thereunder/am aware of the provisions of the Wildlife Conservation Enactment 1997 and Regulations made thereunder.
I FURTHER DECLARE that I have not/I have*:
(a) been convicted of (an) offence(s) under the wildlife or hunting laws of any country;
(b) had any licence or permit cancelled or suspended under the wildlife or hunting laws of any country;
(c) been refused a licence or permit by the licensing authority of any country;
NOTES: (1) It is a serious offence under the Wildlife Conservation Enactment 1997 to make a false statement for the purpose of obtaining a permit.
(2) An application fee must be lodged with this application. If the application is approved the applicant will be informed of the fees to be paid and any information that will be required by the Director before a licence will be issued.
………………………………………………………… Signature of applicant.
Place:
Date:
Application fee enclosed: RM ...............................
FOR OFFICIAL USE ONLY
1. Result of inspection: 2. Issue of licence approved/not approved 3. Comments (if any):
…………………………………………………………….. Signature and title of officer issuing permit on behalf of the Director.
Received application fee: RM Date:
* Delete where inapplicable.
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FORM 10 (Reg. 34) STATE OF SABAH WILDLIFE CONSERVATION ENACTMENT 1997
ANIMAL CAPTIVITY PERMIT
Permit Number ........…………………….
(Name) ...............….…...........……... of ..............................……..... is hereby entitled to keep in captivity the following animal(s) or animal product(s):
Address where animal(s) is/are permitted to be kept:
CONDITIONS:
Date:
...……………………………………... Signature and title of officer issuing permit on behalf of the Director.
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FORM 11 (Reg. 35(1)) STATE OF SABAH WILDLIFE CONSERVATION ENACTMENT 1997
APPLICATION FOR ANIMAL DEALER'S PERMIT
To the Director of Wildlife, Kota Kinabalu, Sabah,
1. I....…........…........…...................of.......................…………................................ apply for a dealer's permit for ................................…………................................
2. Address of business premises in respect of which permit sought:
3. Number of employees:
4. Type of business (eg. taxidermist, trading, manufacturing, export and import):
5. Type(s) of animal(s) and animal product(s) to be dealt in:
6. Details of other licence(s) or permit(s) held and of previous trader's permit(s):
7. Date of last lodging of return in accordance with the Wildlife Regulations 1998:
8. A copy of my last return is enclosed herewith:
I hereby declare that the above particulars are correct.
Application fee enclosed: RM ...................
Date:
..................................... Signature of applicant.
NOTE: The Regulations and the Director of Wildlife may divide licences into sub-categories. Advice should be sought from the licensing officer as to the category to be applied for. Different fees may apply to different categories.
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FORM 12 (Reg. 35(2)) STATE OF SABAH WILDLIFE CONSERVATION ENACTMENT 1997
ANIMAL DEALER'S PERMIT
(Not transferable)
Permit Number ...…………….......
(Name) .................................... of (address) ....................................................……………........ is hereby authorised to carry on the business of an animal dealer at (address of business premises)............................................……………………...... in respect of the following animal(s)and animal product(s):
This permit is valid until the 31st December in the year of issue.
Date:
……………………………………………………. Signature and title of officer issuing permit on behalf of the Director.
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FORM 13 (Reg. 38(1)) STATE OF SABAH WILDLIFE CONSERVATION ENACTMENT 1997
APPLICATION FOR GAME MEAT DEALER'S PERMIT
To the Director of Wildlife, Kota Kinabalu, Sabah,
1. I ....................................…………... of ...................................................... apply for a game meat dealer's permit.
2. Address of business premises in respect of which permit sought:
3. Number of employees:
4. Type of business:
5. Type(s) of meat(s) to be dealt in:
6. Details of other licence(s) or permit(s) held under the Wildlife Conservation Enactment 1997 and of previous trader's/restaurant permit(s):
7. Details of all permits/licences held relating to sale of meat or other foods:
I hereby declare that the above particulars are correct.
Application fee enclosed: RM ..…………..........
………………………………………………….. Signature of applicant.
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FORM 14(Reg. 38(3)) STATE OF SABAH WILDLIFE CONSERVATION ENACTMENT 1997
GAME MEAT DEALER'S PERMIT
Permit Number .………...........
(Name) ..............………………………...................... of (address) ..………………..................................... is hereby authorised to carry out the business of a game meat dealer's at (address of business premises) ..............................................…………...
CONDITIONS
This permit is valid until the 3lst December in the year of issue.
Date:
……………………………………………………………….. Signature and title of officer issuing permit on behalf of the Director.
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FORM 15 (Reg. 40(1)) STATE OF SABAH WILDLIFE CONSERVATION ENACTMENT 1997
APPLICATION FOR PLANT COLLECTION LICENCE
To the Director of Wildlife, Kota Kinabalu, Sabah,
1. Application is hereby made for the issue of the following licence:
Collector's Plant Collection Licence/Commercial Plant Collection Licence*
2. Name in full:
3. State whether resident or non-resident:
4, Residential address:
Non-residents give address in Sabah also:
5. List below the species, number of plants and area(s) for which a licence or licences are sought:
[Separate licences will be required for different areas if they are in different hunting areas]
DECLARATION
I HEREBY DECLARE that the above particulars are correct and that I have a copy of and have studied the Wildlife Conservation Enactment 1997 and Regulations made thereunder/am aware of the provisions of the Wildlife Conservation Enactment 1997 and Regulations made thereunder.
I FURTHER DECLARE that I have not/I have*:
(a) been convicted of (an) offence(s) under the wildlife or hunting laws of any country:
(b) had any licence or permit cancelled or suspended under the wildlife or hunting laws of any country;
(c) been refused a plant collection licence or permit by the licensing authority of any country.
NOTES: (1) The Regulations and the Director of Wildlife may divide licences into sub-categories. Advice should be sought from the licensing officer as to the category to be applied for. Different fees may apply to different categories.
(2) It is a serious offence under the Wildlife Conservation Enactment 1997 to make a false statement for the purpose of obtaining a licence.
(3) An application fee must be lodged with this application.
(4) An applicant may be required to undergo a test in knowledge of Sabah's protected flora and fauna and knowledge of boundaries of wildlife protected areas.
………………………………………………. Signature of applicant.
Place:
Date:
Application fee enclosed: RM
FOR OFFICIAL USE ONLY
1. Result of test:
2. Issue of licence approved/not approved
3. Comments (if any):
………………………………………………………… Signature and title of officer issuing licence on behalf of the Director.
Received application fee: RM
Date:
*Delete where inapplicable.
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FORM 16 (Reg. 41(a)) STATE OF SABAH WILDLIFE CONSERVATION ENACTMENT 1997
COLLECTOR'S PLANT COLLECTION LICENCE
(Not transferable)
Licence Number:
(Name in full) …………………................................................................……….....of (address in Sabah)...................................residing at (address in country of residence)....…………..................................................is authorised to search for and harvest plant(s) of the species stated below in the area(s) and in the number stated below subject to the above Enactment and Regulations made thereunder and the conditions endorsed on this licence.
...................................................... Signature and title of officer issuing licence on behalf of the Director.
CONDITIONS
...................................................... Signature of issuing officer or officer endorsing amendment.
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FORM 17(Reg. 41(b)) STATE OF SABAH WILDLIFE CONSERVATION ENACTMENT 1997
COMMERCIAL PLANT COLLECTION LICENCE
(Not transferable)
Licence Number .......…...
Name and address in country of residence of licensee:
Address in Sabah:
Names of persons authorised to search for and harvest plant(s) under this licence.
The above-named persons are authorised to search for and harvest plants of the species stated below in the areas and numbers stated below and subject to the above Enactment and Regulations made thereunder and the conditions endorsed on this licence.
Application fees paid: RM ...................
Licence fee:
Date of issue:
Date of expiry:
………………………………………………… Signature and title of officer issuing licence on behalf of the Director.
………………………………………….. Signature of issuing officer or officer endorsing amendment.
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FORM 18 (Reg. 44(1)) STATE OF SABAH WILDLIFE CONSERVATION ENACTMENT 1997
APPLICATION FOR PLANT DEALER'S PERMIT
To the Director of Wildlife, Kota Kinabalu, Sabah,
1 . I...............................………………..................of........................…...........................apply for a plant dealer's permit for ...........................................................
2. Address of business premises in respect of which permit sought:
3. Number of employees:
4. Type(s) of plant(s) to be dealt in:
5. Details of other licence(s) or permit(s) held and of previous dealer’s permit(s):
6. Date of last return in accordance with the Wildlife Regulations 1998:
7. A copy of my latest return is enclosed herewith:
I hereby declare that the above particulars are correct.
Application fee enclosed: RM
Date:
……………………………………….. Signature of applicant.
NOTE: The Regulations and the Director of Wildlife may divide licences into sub-categories. Advice should be sought from the licensing officer as to the category to be applied for. Different fees may apply to different categories.
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FORM 19 (Reg. 44(2)) STATE OF SABAH WILDLIFE CONSERVATION ENACTMENT 1997
PLANT DEALER'S PERMIT
(Not transferable)
Permit Number ...…....................
(Name)..........................................................………………………..
is hereby authorised to carry on the business of a plant dealer at (address of business premises) ............................…………………………………………..in respect of the following wild plant(s):
This permit is valid until the 31st December in the year of issue.
Date:
…………………………………………………………… Signature and title of officer issuing permit on behalf of the Director.
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FORM 20 (Reg. 47(1)) STATE OF SABAH WILDLIFE CONSERVATION ENACTMENT 1997
APPLICATION FOR TEMPORARY PLANT SALE OR TRANSFER PERMIT
To the Director of Wildlife, Kota Kinabalu; Sabah,
1. I..................................................of................................................apply for a temporary plant sale/transfer permit.
2. Reason for sale/transfer:
(Full reason should be given e.g. disposal on leaving Sabah, gift to relative due to scaling down of own gardening activities, sale for charitable purposes).
3. Place where sale is taking place:
List of plant(s) to be sold/transferred:
Details of previous permit(s):
I hereby declare that the above particulars are correct.
Date:
…………………………………………………… Signature of applicant.
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FORM 21 (Reg. 47(2)) STATE OF SABAH WILDLIFE CONSERVATION ENACTMENT 1997
TEMPORARY PLANT SALE OR TRANSFER PERMIT
(Not transferable)
Permit Number ........................
(Name).........................……….....of (address)......................................................is hereby authorised to sell/transfer the following wild plant(s):
This permit is valid until:
Fees paid: RM ..................
Date:
………………………………………………………. Signature and title of officer issuing permit on behalf of the Director.
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FORM 22 (Reg. 49(1)) STATE OF SABAH WILDLIFE CONSERVATION ENACTMENT 1997
APPLICATION FOR PERMIT TO TAKE ANIMAL ETC. OUT OF THE STATE
To the Director of Wildlife; Kota Kinabalu, Sabah,
l. I (full name) …….......………………………...of (business or home address in country of residence) ......…………………………………………………hereby apply for a permit to take out of the State the animal(s)/animal product(s)/plant(s)* listed below:
2. Application has been made to the competent authority in.....................…………………….......... (country of import) for an import permit/An import permit has been granted by ............................................of.............................(competent authority of country of import)*
NOTE: A copy of the relevant application, the original permit or evidence of non requirement of a permit must be lodged with this application.
3. The animal(s)/animal product(s)/plant(s)* has/have been obtained under the following licences or has/have been purchased from the following persons (List relevant licences with numbers and persons):
4. The relevant licences and certificates of legal ownership are lodged herewith –
5. In the case of living animal(s) to be exported the following arrangements have been made for the transport and shipping of the animal(s) (Give brief details of caging and other arrangements. The containers will be inspected before export):
6. The animal(s)/animal product(s)/plant(s)* and the container(s) may be inspected at:
Living animal(s)
Species Number of each sex
NOTE: Indication should be made of those animals bred in captivity or parts therefrom for which a permit is sought.
I HEREBY DECLARE that the above particulars are correct and that I am aware of the provisions of the Wildlife Conservation Enactment 1997 and other written laws relating to possession, trade in, import and export of animal(s)/animal product(s)/plant(s)* and the requirements for the export and import of animal(s)/animal product(s)/plant(s)* under the Convention of International Trade in Endangered Species of Wild Fauna and Flora (CITES).
Application fee enclosed: RM....….................
Date:
....................................... Signature of applicant.
* Delete where inapplicable.
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FORM 23(Reg. 49(3)) STATE OF SABAH WILDLIFE CONSERVATION ENACTMENT 1997
PERMIT TO TAKE ANIMAL ETC. OUT OF THE STATE
(Not transferable)
Permit Number ....……………....
(Name)……………………………………...... of (address)............................................................................................................................................................................ is authorised to take out of the State the animal(s)/animal product(s)/plant(s)* listed in the Schedule below having satisfied the Director of Wildlife that the animal(s)/animal product(s)/plant(s)* is/are being taken out in compliance with the Wildlife Conservation Enactment 1997 and the Convention on International Trade in Endangered Species of Wild Fauna and Flora and that in the case of living animal(s) proper and adequate facilities are to be provided for the transit of the animals so as to ensure that the risk to such animal(s) of injury, damage to health or cruel treatments is minimised.
SCHEDULE
Living animals:
Species Number of each sex
Animal product(s) (parts or derivatives)/plant(s)*:
This permit is valid until:
Fees paid: RM :.....................
Date:
..............…………….. Signature and title of officer issuing permit on behalf of the Director.
*Delete where inapplicable.
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FORM 24 (Reg. 50(1)) STATE OF SABAH WILDLIFE CONSERVATION ENACTMENT 1997
APPLICATION FOR PERMIT TO BRING IN ANIMAL ETC.
To the Director of Wildlife, Kota Kinabalu, Sabah,
1. I (full name)....................................…….of (address).....................................hereby apply for the issue of a permit to bring into the State the animal(s)/animal product(s)/plant(s)* listed in the Schedule below.
2. The purposes for which the animal(s)/animal product(s)/plant(s)* are to be brought in are:
3. Satisfactory arrangements have been made for housing the live animal(s) listed in the Schedule which may be inspected at:
SCHEDULE
Living animals:
Species Number of each sex
Animal product(s) (parts or derivatives)/plant(s)*:
NOTE: An indication should be made of those animals bred in captivity or part therefrom for which a permit is sought.
I HEREBY DECLARE that the above particulars are correct and that I am aware of the provisions of the Wildlife Conservation Enactment 1997 and other written laws relating to possession, trade in, import and export of animal(s)/animal product(s)/plant(s)* and the requirements for export and import of animal(s)/animal product(s)/plant(s)* under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
Application fee enclosed: RM .....………............
Date:
....................................... Signature of applicant.
*Delete where inapplicable.
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FORM 25 (Reg. 50(3)) STATE OF SABAH WILDLIFE CONSERVATION ENACTMENT 1997
PERMIT TO BRING IN ANIMAL ETC.
(Not transferable)
Permit Number ………….........
(Name)..................…………………………………..of (address)...........................................................................................................................................……......................is authorised to bring into the State the animal(s)/animal product(s)/plant(s) listed in the Schedule below having satisfied the Director of Wildlife that the animal(s)/animal product(s)/plant(s)* is/are being brought in compliance with the Wildlife Conservation Enactment 1997 and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and that in the case of living animal(s) proper and adequate facilities are to be provided for the care of such animal(s).
SCHEDULE
Living animals:
Species Number of each sex
Animal product(s) (parts or derivatives)/plant(s)*:
Fees paid: RM
This permit is valid until:
Date:
…………………………………………………. Signature and title of officer issuing permit on behalf of the Director.
*Delete where inapplicable.
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FORM 26 (Reg. 51(2)) STATE OF SABAH WILDLIFE CONSERVATION ENACTMENT 1997
CERTIFICATE OF ORIGIN
Permit Number ...........................
I HEREBY CERTIFY that the…………............................................... has been produced by.....……......................................................... to an officer of the Wildlife Department for inspection..........................................................................………............. and that the said..............................................................................................................................…has been found on inspection to be ......................................…which originates from or is derived from............................................................…which originates from the State of Sabah.
Date:
…………………….. Director
Inspected on export by
……………………………………………………… Inspected by Wildlife Officer on behalf of the Director.
Date:
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FORM 27(Reg. 55(1)) STATE OF SABAH WILDLIFE CONSERVATION ENACTMENT 1997
APPLICATION FOR WILDLIFE TOUR OPERATOR'S PERMIT
To the Director of Wildlife, Kota Kinabalu, Sabah,
1. I………....................................…….........of…….............………...............................……........hereby apply for a wildlife tour operator's permit.
2. Number and date of issue of tour operator's permit:
3. Number of years in business as a tour operator:
4. Address of business premises in respect of which permit sought:
5. Number of employees:
6. Details of types of wildlife tours the applicant proposes to offer and the places where expeditions will be organised:
7. Details of other licence(s) or permit(s) held and of previous wildlife tour operators' permit held in the State and elsewhere:
I hereby declare that the above particulars are correct.
Application fee enclosed: RM
Date:
....................................... Signature of applicant.
NOTE: The applicant will be required to show that the applicant or staff of the applicant has a reasonable knowledge of the areas where the applicant proposes to organise expeditions, of the Wildlife Conservation Enactment 1997 and Regulations made thereunder, of the whereabouts of protected areas and a knowledge of protected fauna and flora.
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FORM 28 (Reg. 55(2)) STATE OF SABAH WILDLIFE CONSERVATION ENACTMENT 1997
WILDLIFE TOUR OPERATOR'S PERMIT
(Not transferable)
Permit Number....….....….....
(Name)....................................... of (address)......................................………....... is hereby authorised to carry on the business of wildlife tour operator in respect of the following types of expeditions:
In the following areas:
Permit valid until:
Fees paid: RM ..........................
Dated:
………………………………………………… Signature and title of officer issuing permit on behalf of the Director.
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FORM 29 (Reg. 57(1)) STATE OF SABAH WILDLIFE CONSERVATION ENACTMENT 1997
APPLICATION FOR AN ANIMAL FARMING PERMIT/PLANT CULTIVATION PERMIT *
To the Director of Wildlife, Kota Kinabalu, Sabah,
l. Application is hereby made for the issue of the following permit: Animal Farming/Plant Cultivation*
2. Name in full:
3. Residential address:
4. Details of other licence(s) or permit(s) held, (if any):
5. Address at which animal farming or plant cultivation* is to be undertaken:
6. Area to be used for farming or cultivation* (Give size and furnish map/plan):
7: Description of buildings on area to be used. Buildings will be required to comply with standard specifications issued by the Director which will be given on request. Plans must be submitted:
8. Details of arrangements for securing animals from escape:
9. Details of animal(s)/plant(s)* that it is intended to farm/cultivate:
Species Estimated Numbers/Quantities
10. Details of stock that will be used to commence farming/cultivation giving sources. Furnish all licences/permits obtained for the purpose of acquisition of stock:
11. Give brief details of the diet that is proposed to be given to the animal(s):
(A diet plan will be given to the applicant if successful and it is likely that a condition of the licence will require that this plan is observed).
12. Copies of financial projections for the intended business must be furnished with this application including cash flows and details of cash inputs:
13. Give the required length of permit:
14. The Director has a discretion to waive or reduce the permit fees payable (Give reasons why you would require a waiver or reduction):
NOTE: Where animals are to be kept, no permit will be issued until the accommodation has been inspected and approved on behalf of the Director. A temporary permit may be issued upon application.
DECLARATION
I HEREBY DECLARE that the above particulars are correct and that I have a copy of and have studied the Wildlife Conservation Enactment 1997 and Regulations made thereunder/am aware of the provisions of the Wildlife Conservation Enactment 1997 and Regulations made thereunder*.
I FURTHER DECLARE that I have not/I have*:
(a) been convicted of (an) offence(s) under the wildlife or hunting laws of any country;
(b) had any licence or permit cancelled or suspended under the wildlife or hunting laws of any country;
(e) been refused a licence or permit by the licensing authority of any country.
NOTES:
(1) The Regulations and the Director of Wildlife may divide licences into sub-categories. Advice should be sought from the licensing officer as to the category to be applied for. Different fees may apply to different categories.
(2) It is a serious offence under the Wildlife Conservation Enactment 1997 to make a false statement for the purpose of obtaining a permit.
(3) An application fee must be lodged with this application. If the application is approved the applicant will be informed of the fees to be paid and any information that will be required by the Director before a licence will be issued.
Place: Date: Application fee enclosed: RM
…………………………………………. Signature of applicant.
FOR OFFICIAL USE ONLY
I. Result of inspection:
2. Issue of licence approved/not approved*
3. Comment (if any):
....................................... Signature and title of officer acting for the Director.
Received application fee: RM Date:
*Delete where inapplicable.
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FORM 30 (Reg. 59) STATE OF SABAH WILDLIFE CONSERVATION ENACTMENT 1997
ANIMAL FARMING PERMIT/PLANT CULTIVATION PERMIT
(Not transferable)
Permit Number .......…........
(Name)………………................of (address)..........................................…………………............... is hereby authorised to carry on the business of an animal farmer/plant cultivator* at (place animal farming/plant cultivation*) in respect of the following animal(s)/ plant(s)*.
This permit is valid until:
Fees paid: RM Date:
……………………………………………. Signature and title of officer issuing permit on behalf of the Director.
Delete where inapplicable.
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FORM 31 (Reg. 62(3)) STATE OF SABAH WILDLIFE CONSERVATION ENACTMENT 1997
CAPTIVE BREEDING CERTIFICATE
Certificate Number ...........………….....
I HEREBY CERTIFY that the ...................................................………………..... has been produced by ......................................……………………..... to an officer of the Wildlife Department for inspection at ....................…………………………. and that the said .............…………….................. has been found on inspection to be .....…..........…...........…..... or to be derived from .….....…............. which was bred in captivity at ….............…....... in the State of Sabah by .....……………………….................... pursuant to Permit No. ........…………………………….
This certificate is valid until: Fees paid: RM Date:
…………………………………….. Director.
…………………………………… Inspected by Wildlife Officer on behalf of the Director.
Date:
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FORM 32 (Reg. 62(3)) STATE OF SABAH WILDLIFE CONSERVATION ENACTMENT 1997
CERTIFICATE OF ARTIFICIAL PROPAGATION
Certificate Number ........………….
I HEREBY CERTIFY that the .....................………………………………………... has been produced by...........………………………………………........ to an officer of the Wildlife Department for inspection .........…………………………..... and that the said…………………………..........has been found on inspection to be ....................................... or to be derived from ..................…..... which was artificially propagated at .....................................…......... in the State of Sabah by .................………......................... pursuant to Permit No. .............………..
This certificate is valid until: Fees paid: RM Date:
....................................... Director.
……………………………………………… Inspected by Wildlife Officer on behalf of the Director.
Date:
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FORM 33 (Reg. 64(1)) STATE OF SABAH WILDLIFE CONSERVATION ENACTMENT 1997
ZOOLOGICAL GARDEN/BOTANICAL GARDEN PERMIT*
(Not transferable)
Permit Number ........……............
(Name) .............................………………......... of (address) ...................……………………………………………………………………….............................. is hereby authorised to operate a zoological garden/botanical garden * at........................................................…................................. in respect of the animals/plants* listed in the Schedule attached hereto subject to the following conditions:
SCHEDULE
This permit is valid until:
Fees paid: RM
Date:
………………………………. Director.
* Delete where inapplicable.
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FORM 34(Reg.67(a)) STATE OF SABAH WILDLIFE CONSERVATION ENACTMENT 1997
NOTICE OF ALLEGED OFFENCE (SECTION 101(1) & (2))
No.
IN THE MATTER of Section 101 of the Wildlife Conservation Enactment 1997
To: ……………………………………………………. ……………………………………………………. …………………………………………………….
l. TAKE NOTICE that I have reasonable cause to believe that on the day of at you have committed an offence against (specify section or regulation applicable) in that you (specify brief details of offence) at (specify place where alleged offence committed) which I consider appropriate to be dealt with under section 101 of the above Enactment.
2. The following is a summary of the facts on which this allegation is based:
(Give a sufficient summary to fully and fairly inform the recipient of the allegations against him)
3. I consider the following matters to be relevant to the imposition of a penalty in this case:
4. This notice is served on you pursuant to section 101(1) of the Wildlife Conservation Enactment 1997. The provisions of the whole of that section are set out in full on the reverse side of this notice.
Dated this day of
……………………………….. Director of Wildlife.
(Reverse side: Section 101 of the Enactment to be set out in full)
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FORM 35 (Reg. 67(b)) STATE OF SABAH WILDLIFE CONSERVATION ENACTMENT 1997
NOTICE OF REQUIRING PROCEEDINGS TO BE DEALT WITH IN COURT (SECTION 101(3))
To the Director of Wildlife, Kota Kinabalu.
TAKE NOTICE that I require that any proceedings in respect of the alleged offence referred to in your Notice Number dated served on me under section 101(1) of the Wildlife Conservation Enactment 1997 shall be dealt with before a Court.
Dated this day of
.............…………………. (Signature)
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FORM 36 (Reg. 67(c)) STATE OF SABAH WILDLIFE CONSERVATION ENACTMENT 1997
NOTICE OF IMPOSITION OF COMPOUNDING FINE (SECTION 101(7))
IN THE MATTER of Section 10 T of the Wildlife Conservation Enactment 1997
To: ……………………………………………………… ……………………………………………………… ………………………………………………………
1. TAKE NOTICE that I have on the day of imposed on you a compounding fine of RM in respect of the offence committed by you on the day of 199 against (specify section or regulation applicable).
2. This fine must be paid to the Government within 30 days after this notice is served on you.
3. Payment should be made to the Director of Wildlife at Kota Kinabalu:
Dated this day of
…………………………… Director of Wildlife.
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SCHEDULE 2
FEES
1. Entry to a Wildlife Sanctuary (Reg. 6(2))
|
|
|
|
|
Single Entry |
|
|
|
Adult |
RM |
2.00 |
|
Child |
RM |
1.00 |
|
Season ticket one Sanctuary |
|
|
|
Adult |
RM |
5.00 |
|
Child |
RM |
2.00 |
|
Multiple Entry (One entry each Sanctuary) |
|
|
|
Adult |
RM |
10.00 |
|
Child |
RM |
5.00 |
|
Season, multiple entry |
|
|
|
Adult |
RM |
25.00 |
|
Child |
RM |
10.00 |
Child for the purpose of charges is a person of fourteen years or less.
Motor vehicle entry (Vehicle carrying driver and not more than four
passengers excluding babies in arms)
|
Single Entry |
RM |
1.00 |
|
Season |
RM |
5.00 |
|
Multiple entry |
RM |
5.00 |
|
Multiple entry season |
RM |
10.00 |
Vehicles carrying driver and more than four passengers - fees available
on application.
2. Licences to fish in Wildlife Sanctuaries (Reg. 12(2))
|
Ordinary permit - daily rate |
RM |
10.00 |
|
Block permit |
RM |
100.00 |
3. Hunting licence fees (Reg. 24)
|
All Applications - |
RM |
1.00 |
|
Sporting licences - |
|
|
|
Animals where specific fees payable |
|
|
|
1. |
Large Flying Fox |
RM |
3.00 per head |
|
2. |
Bearded Pig |
RM |
5.00 per head |
|
3. |
Lesser Mousedeer |
RM |
20.00 per head |
|
4. |
Greater Mousedeer |
RM |
20.00 per head |
|
5. |
Common Barking Deer |
RM |
50.00 per head |
|
6. |
Bornean Yellow Muntjac |
RM |
50.00 per head |
|
7. |
Sambar Deer |
RM |
100.00 per head |
Commercial licences
|
l. |
Large Flying Fox |
RM |
5.00 per head |
|
2. |
Common Porcupine |
RM |
10.00 per head |
|
3. |
Bearded Pig |
RM |
50.00 per head |
|
4. |
Sambar Deer |
RM |
150.00 per head |
|
5. |
Lesser Mousedeer |
RM |
35.00 per head |
|
6. |
Greater Mousedeer |
RM |
35.00 per head |
|
7. |
Common Barking Deer |
RM |
75.00 per head |
|
8. |
Borneon Yellow Muntjac |
RM |
75.00 per head |
|
9. |
Crocodile (Juvenile) |
RM |
30.00 per head |
|
10. |
Crocodile (Adult) |
RM |
150.00 per head |
|
11. |
Water Monitor |
RM |
2.00 per head |
|
12. |
Reticulated Python |
RM |
2.00 per head |
|
13. |
Blood Phyton |
RM |
2.00 per head |
|
14. |
All birds (Schedule 2 of the Enactment) |
RM |
5.00 per head |
|
15. |
Butterflies (Schedule 2 of the Enactment) |
RM |
5.00 per head |
4. Animal product fees (Reg. 26(3))
Animal from which animal product obtained
|
Animal product fee - |
RM |
10.00 per unit |
5. Permit to take out animal or animal product- (Reg. 26(3))
|
|
RM |
10.00 per unit/ head |
6. Certificate of legal ownership (Reg. 30)
|
Fee payable on issue of certificate - |
RM |
15.00 per unit |
7. Animal captivity permit (Reg. 31(2) and 34)
|
Application - |
RM |
1.00 |
|
Permit - |
RM |
15.00 per annum |
|
Temporary permit - |
RM |
1.00 |
|
Renewal of temporary permit - |
RM |
1.00 |
8. Animal dealer's permit (Reg. 35(l))
|
Application - |
RM |
1.00 |
|
Permit - |
RM |
100.00 per annum |
|
Renewal of permit (no application fee) |
RM |
100.00 per annum |
9. Game meat dealer's permit (Reg. 38(1))
|
Application - |
RM |
1.00 |
|
Game meat dealer's permit - |
RM |
100.00 per annum |
|
Annual renewal (no application fee) - |
RM |
100.00 per annum |
|
Game meat restaurant permit |
RM |
100.00 per annum |
|
Annual renewal (No application fee) |
RM |
100.00 per annum |
10. Plant collection licence (Reg. 42)
|
All applications - |
RM |
1.00 |
|
Collector's plant collection licence - |
RM |
100.00 |
Plants where specific fees payable
|
Orchid listed in Schedule 2 of the Enactment (excluding seed) |
RM |
10.00 per plant |
|
All other plants |
RM |
2.00 per plant |
|
Commercial plant collection licence |
RM |
500.00 |
|
Other plants listed in Schedule 2 of the Enactment |
RM |
5.00 per plant |
11. Plants dealer’s permit (Reg. 44)
|
Application - |
RM |
1.00 |
|
Permit - |
RM |
100.00 |
|
Renewal (no application fee) - |
RM |
100.00 |
12. Temporary plant sale or transfer permit (Reg. 47(2))
|
Permit (no application fee) - |
RM |
2.00 |
13. Permit to take out animal etc. (Reg. 49(1), 49(3))
|
Application - |
RM |
1.00 |
|
Permit - |
RM |
5.00 per animal/ plant |
14: Permit to bring in animal etc. (Reg. 50(1)), 50(3))
|
Application - |
RM |
1.00 |
|
Permit - |
RM |
5.00 per animal/ plant |
15. Certificate of origin (Reg. 51(1), (2))
|
Application - |
RM |
1.00 |
|
Issue of Certificate - |
RM |
7.00 |
16. Entry to a Wildlife Hunting Area (Reg. 52(2))
|
Single Entry - |
|
|
|
Adult - |
RM |
2.00 |
|
Child - |
RM |
1.00 |
|
|
|
|
|
Season ticket one Area |
|
|
|
Adult - |
RM |
5.00 |
|
Child - |
RM |
2.00 |
|
|
|
|
|
Multiple Entry (One entry each Area) |
|
|
|
Adult - |
RM |
10.00 |
|
Child - |
RM |
5.00 |
|
|
|
|
|
Season, multiple entry |
|
|
|
Adult - |
RM |
25.00 |
|
Child - |
RM |
10.00 |
Child for the purpose of charges is a person of fourteen years or less.
Motor vehicle entry (Vehicle carrying driver and not more than
four passengers excluding babies in arms)
|
Single Entry - |
RM |
1.00 |
|
Season - |
RM |
5.00 |
|
Multiple entry - |
RM |
5.00 |
|
Multiple entry season - |
RM |
10.00 |
Vehicles carrying driver and more than four passengers - fees available on application.
17. Wildlife tour operator's permit (Reg. 55(1), 55(2))
|
Application - |
RM |
1.00 |
|
Permit - |
RM |
100.00 per annum |
|
Renewal - |
RM |
100.00 per annum |
18. Commercial filming, sound recording and photography permit (Reg.56(5))
Non-commercial
|
1. |
Filming |
RM |
10.00 |
|
2. |
Sound recording |
RM |
1.00 |
|
3. |
Photography |
RM |
1.00 |
Commercial
|
1. |
Professional filming |
RM |
10,000.00 |
|
2. |
Professional sound recording |
RM |
100.00 |
|
3. |
Professional sound photography |
RM |
500.00 |
19. Animal farming/plant cultivation permit (Reg. 57(2), 59)
|
Application - |
RM |
1.00 |
|
Permit - |
RM |
200.00 per annum |
20. Captive breeding certificate and artificial propagation certificate (Reg. 62(4))
|
Application - |
RM |
1.00 |
|
Certificate - |
RM |
15.00 |
21. Zoological and botanical garden permits (Reg. 64(1))
|
Application - |
RM |
1.00 |
|
Permit - on issue |
RM |
500.00 per annum |
22. Research permits (Reg. 71(5))
|
Permit (no application fee) - |
RM |
100.00 |
23. Duplicate licences and permits (Reg. 70)
|
Duplicate licence or permit (no application fee) - |
RM |
5.00 |
SCHEDULE 3
CHARGES (Reg. 73)
1. Pound fee for holding animals impounded
|
Dogs/cats - |
RM |
10.00 per head per day |
|
Buffalo, cattle and horses - |
RM |
20.00 per head per day |
|
Other animals fee at discretion of the Director with a minimum of |
RM |
5.00 per head per day |
2. Services of Wildlife Officer –
|
Guide Services |
|
|
|
per seven days |
RM |
250.00 |
|
per day |
RM |
40.00 |
|
hourly rate when employed eight hours or less |
RM |
5.00 |
Animal Rescue Services
In accordance to the respective staff entitlement based on salary and allowances.
SCHEDULE 4
PROHIBITED WEAPONS (Reg. 20)
|
|
PROHIBITED WEAPONS |
ANIMALS
|
|
1. |
0.22 Rifle |
All animals |
|
2. |
Dart Gun |
All animals and birds |
|
3. |
Spear |
All animals |
|
4. |
Bow and arrow |
All animals |
|
5. |
Blow pipe |
All animals and birds |
|
6. |
Snare trap |
All animals and birds except crocodile and water monitor. |
Made this 31st day of July, 1998.
DATUK WILFRED BUMBURING,
Minister of Culture. Environment and Tourism.
October 2006