Protection of Endangered Animals, Plants and Articles (Removal and Possession) Ordinance, 1981 (No. 1 of 1981)

No. l or l<.l8l. Short title. Interpreta tion. Restrictions on the removal or pooaeseion of certain article. Schedule. .l'ro~ect1on ot J:.110:angerea Animals, Plants and Articles (Re1110val and Possession) Ordinance, 1981 v1rg1n J.SJ.ana.s VIl!GIN ISLANDS No, lo! 1981 An Ordinance to restrict the possession or r8l!loval of certain Animals, Plants and Articles and tor purposes connected therewith or incidental thereto. Glil.Z.et·l.ed 26111, &rch, 1981 1961 EWICTED by the Legislature of the Virgin Islands. l.. This Ordina.nc.9 may be ci.tAti as the Prntecti.on of Endangered Animals, Plants and Articles (Removal and Possession) Ordinance, 1981. 2. In this Ordinance, inless the context otherwise requires; 1rA.rticle" includes any animal or pla.ut or matter or thing principally derived from ouch animal ar plant; "Authorised Officer" means an Officer declare<i to be an authorised officer b? an Orde~ mada by- tne Miniatar and published in the Gazette; "licence" means a licence is!l\led by the Minister; "Miniater11 means the Minister ot the Govemment in charge or to whom the siib~ect matter of this Ordinance has 'boon asoign.ed; "retnove" means the removal from the natural or usual place of abode of. such article; "Schedule" means the Schedule to this Ordinance; "Territory" means the Territory of the V:l.rg:l.n Islanw,. 3. (l) uq person who re1110ves or has removed or has ill his possession or control any article apocitied. tor the t:im.o being in thA Se.hadu1e without a licence or in contravention of the terms and condll.tions of such licence, shall be guilty of an offence and shall on "'1111D1&17 coniliction liable to a fins of two thousand dollars or to imprisonment for twelve months. Schedu1e. Power to amend or modify, etc. Scherlu]P.~ Offences by Corporation. Forfeiture. 2 (2) A licence may be ~eneral or specific and shall be valid for such period as stated therein and may be modified or revoked at an;y time by the Minister. (~) An::, person who for the purpose of obtaining whether for himself or another the issue of a licence!• (a) makeo a otatcmont whioh he kuow~ Lu be false in• materil!.l partieular1 (b) furnishes a document or information which he knows to be false in a material particular; or (o) recklessly makes a statement which is false in a material particular, shall be guilty of en offence and liable on summary conviction to a fine of two thousand dollars or imprisomnent for twelve months. (4) An::, Police or Authorised Officer ma;y require any person in possession, or having the control o! or removing or has removed an article specified in the Schedule to furnish proof that such possession, control, or removal is or was not unlawrul, and where such proof is not !orth coming, such article shall be liable to be taken into the custody of such Otficer. 4. The Minister ma;y from time to ti.ma amend, add to or mal<e such modifications to the Schedule by Order published in the Gazette. h'vecy such Order shall ¢0lll8 in~o l'lp,e~tion on the date of such publication or such later date as ma;y be specified therein. ;. Where an offence under this Ordinance has been committed by a body corporate and it is proved that such commission is with the consent or convenience of or to be attributable to an;y request on the part of a director, manager, secretary or other similar o££icor Qf' the bod;y' copor~te or axq- peraon who waa purporting to act in such capacity, such director, manager, secretary or other similar officer or person as the case may be, as well as the body corporate Rhall be 'f!lilty of an nffencA, and AhR11 hA 1iahlA to be proceeded with and punished accordingly. 6. (1) Subject to subsection (2), the court by or before which a person is convicted of an offence unc:ter tb.i.s Ordinance .IIUlY order anytb.ing shown to the satisfaction of the court to relate to the offence, to be forfeited and either destroyed or dealt with in such other manner as the court may order .. (2) Tho court shall not order anything to be forfeitod wider this section, where a person claiming to be the owner of or otherwise interested in it has applied, before the making of the order, to be heard by the court, unless en opportunity has been given to him to show cause why the order should not be made. Prosecutions. 3 ? , No. proeeeution tor an otfenoe Wider thi• Ordillance shall be instituted without the sru,.etiOJ1 of the Attome;r General. SOl!EDULE All the Black Corals ot the Order 0 Antipatheria•. All th~ Oorala or Gwen Ant1pathes a.w1 DedrObranchia. J?aPoed the Lecgi.s1ati.vo C~ci1 thi!il 12th da;, o! March, 1981. Clerk ot the Legislat1ve OOWicil Printed at tb.e Go'1ernment Otfice, Road 'rown, Tortola, British Virgin Is1~ndo by A. Weutou. a Gov~r:rui!Ant Printer - by Autborit-y.