Wild Life Protection Act

,LAWS OF BRUNEI •Wild Life Protection ,CAP. 102 WILD LIFE PROTECTION ACT An Act to make provision for the protection of wild life and 10 of 1978 for the establishment of wild life sanctuaries Commencement.,Jst August 1981 s.1301s1 PARTI PRELIMINARY 1. This Act may be cited as the Wild Life Protection Short title Act. 2. In this Act, unless the context otherwise requires "Game Officer" means any officer appointed under section 3 to be Chief Game Warden, Depu ty Chief Game Warden, a Game Warden or a Game Ranger; "State Land" has the··meaning assigned to it by the Land Code; "hunt", "kill", "capture", mean hunting killing or capturing by any method, and includes attempts to kill or capture and the taking or disturbing of nests or eggs; "protected animal'' means any animal specified in the First Schedule; "shoot" includes shooting at; "trophy" means the head, horn, tooth, tusk, bore, claw, hoof, skm, flair, feather,egg or anrdurable portion of any animal or the nest of any animal. Interpreta tion Cap. 40 B.L.R. 0. 111984 5 6 CAP. 102 LAWS OF BRUNEI Wild Life Protection Appointment 3. (1) His Majesty the Sultan and Yang Di-Pertuan of Chief Game war- may appoint a Chief Game Warden, a Deputy Chief Game den.and 0ther Warden and such number of Game Wardens Game Ran-officers , Wild Life Sanctuaries and acts prohibited therein gers and other officers as he may consider necessary for the carrying out of the provision of this Act. (2) All such officers when appointed shall be subject to the direction of the Chief Game Warden. PART II WILD LIFE SANCTUARIES 4. (1) His Majesty in Council may from time to time by order published in the Gazette declare any area in Brunei specified in such declaration to be a Wild Life Sanctuary exclusively reserved for the preservation of animals or birds, and may define or alter the limits of any such area. (2) Subject to the provisions of section 6, no person shall in a Wild Life Sanctuary (a) shoot, hunt, kill, capture or take any anim al, bird, fish or reptile or take or disturb the nest or eggs-of any bird; (b) keep or carry any weapon or contrivance of any kind used for the taking, shooting, or killing of any animal, bird, fish or reptile; (c) be in possession of the trophy or flesh of any mammal, bird, fish or reptile; (d) cut or remove any vegetable; (e) quarry stone, burn lime or charcoal, or ·1;earch for, collect ot"feinove any forest produce or minerals; LAWS OF BRUNEI Wild Life Protection CAP. 102 (f) erect any building, or clear or break up any land for cultivation or for any other purpose; or (g) kindle, keep or carry any fire or leave any fire burning. (3) Whoever does any act in contravention of para graph (a) of subsection (2) shall be guilty of an offence: Penalty, imprisonment for one year and a fine of $2,000. (4) Whoever does any act in contravention of para graph (b), (c), (d), (e), (/) or (g) of subsection (2) shall be guilty of an offence: Penalty, imprisonment for 6 months and a fine of $1,000. (5) Nothing in this section shall be deemed to pro hibit or render punishable any act done with the permission in writing of the Chief Game Warden. 5. Any area declared to be a sanctuary under the provi sions of section 4 shall be deemed to be land reserved for public purpose. 6. A Wild Life Sanctuary may include the whole or any part of a Forest Reserve or a Protected Forest, in which case nothing herein contained shall prohibit o·r restrict the man agement of the Forest or Protected Forest. PART III GENERAL PROVISIONS FOR THE PROTECTION OF WILDLIFE 7. No person shall hunt, kill or capture any protected animal otherwise than under and in accordance with the c0nditions-of- a· licence issued under this· Act: Penalty, -im prisonment for one year and a fine of $2,000. 7 Status of Landin sanctuary or game reserve Wild Life Sanctuary may include a Forest Re serve·, etc-: Protected animals B.L.R.O. J/1984 8 Protected animals not to be sold or kept Export of wild animals Licences CAP. 102 LAWS OF BRUNEI Wild Life Protection 8. (I) No persons, other than the holder of an appropri ate licence issued under this Act shall sell or offer for sale or have in his possession any protected animal or any trophy or flesh thereof; unless the same has been lawfully acquired: renalty, imprisonment for 6 months and a fine of $1,000. (2) In any prosecution under this section, the onus of proving lawful acquisition shall be upon the person in pos session of the protected animal or trophy or flesh thereof. (3) The Director of Museums shall be exempted from the provisions of this section and of section 9 in respect of acts done by him in good faith for a scientific purpose. 9. No person shall export any animal specified in the First Schedule, except under and in accordance with the conditions of a licence issued under this Act: Penalty, im prisonment for one year and a fine of $2,000. 10. (1) Licences to perform any act mentioned in sec tions 7, 8 and 9 shall be in the form in the Third Schedule and may be issued in his absolute discretion by the Chief Game Warden or any officer authorised in that behalf by him, and, subject to the direction of the Chief Game War den, by the Deputy Chief Game Warden or a Game War den, and shall be subject to such special conditions, if any, as the officer issuing the licence may subject to any such direction, think fit to impose. (2) Licences shall not be valid for a period exceeding one year or such shorter period as the issuing officer may, in any particular case, determine and shall not be transferable. (3) Subject to the provisions of section 11 fees at the rates specified in the Second Schedule shall be payable when such licence is issued, and no fee shall be refunded if the act authorised by such licence is not performed. LAWS OF BRUNEL Wild Life Protection CAP. 102 ( 4) The holder of any licence under this Act shall carry such licence on his person when performing any act authorised by it, and shall produce it for inspection at the demand of any Game Officer. (5) Any licence issued under this Act shall be avail able only for the locality specified therein. (6) The holder of any licence issued under this Act shall, as soon as such licence expires or is otherwise deter mined, return it to the Game Officer at the place where it was issued. (7) When a licence to hunt, kill, capture, sell or ex port expires or is otherwise determined, the licence-holder shall, before returning it to the Game Officer, endorse upon it the number and kinds of animals killed, captured, sold or exported. (8) Any person who contravenes the provisions of subsection ( 4), ( 6) or (7) or fails to comply with any special condition imposed under this section, shall be guilty of an offence: Penalty, imprisonment for 3 months and a fine of $500. 11. Licences authorising any act mentioned in section 7 may be issued only for a scientific purpose and no fee shall be charged therefor. 12. Nothing in this Act shall be deemed to affect the right of any person to act in defence of his person, or the person of others, or in the defence of the property of that person or others. 13. The Game Officer or any person authorised by him may (a) hunt, kill or capture any animal which the Chief Game Warden-haS'declared to be dangerous· to life or property; and Licences in respect of protected animals Right of person and properly Dc~truction of d.ingcrou~ m wounded animab 8.L.R.O. Jf/984 9 Trophies and young animals found Power of arrest and search CAP. 102 LAWS OF BRUNEI Wild Life Protection (b) hunt, kill or capture any animal in order to prevent unnecessary suffering on the part of such animal. 14. (1) Any person finding th e trophy of a protected animal shall as soon as may be deliver or give notice of the finding of such trophy or flesh to the nearest Game Officer and such trophy or flesh shall be disposed of in such manner as the Chief Warden may direct. (2) Any person who, upon finding the progeny of any protected animal, has reason to believe that this prog eny should still be under the care of its mother but that such care is not being afforded, shall be as soon as may be either deliver the animal to the nearest Game Officer or furnish him with all such particulars as may be necessary to enable the Game Officer to effect capture, and the animal be dis posed of in such manner as the Chief Game Warden may direct. (3) The contravention of any provisions of this sec tion shall constitute an offence: Penalty, imprisonment for 3 months and a fine of $500. PART IV PROVISION AS TO PROCEDURE AND TRIALS 15. (1) Any Game Officer or Police Officer may, without warrant, arrest any person reasonably suspected of having been concerned in an offence against this Act if such person refuses to give his name and address, or gives a name and address which such officer has reasonable grounds for be lieving to be false, or if such officer has reasonable grounds for believing that, unless such person is arrested, he may escape, o-r-th-at-an unreasonable amount~of delay, trouble or expense in making him answerable to justice will ensue. . LAWS OF BRUNEI .. Wild Life Protection CAP. 102 (2) Every officer making an arrest under this section shall, without unnecessary delay, take or send the person arrested to the officer in charge of the nearest police station, or to an officer empowered to compound the offence in accordance with section 17. (3) Whenever a Game Officer or Police Officer has reasonable cause to suspect that an offence under this Act has been committed, he may enter upon any land or premis es for the purposes of carrying out the provisions of this Act, or for the purpose of preventing or detecting offences against this Act, and may search any vessel, vehicle, build ing, enclosure or place under the control of the person sus pected, his agents or servants. 16. (1) Any Game Officer not below the rank of Game Warden may, by notice in writing, require the attendance before him for purposes of investigation, at a time and place to be specified in the notice, of any person suspected of being concerned in offence under this Act. (2) If any such person refuses to attend as so re quired the Game Officer may report the refusal to a magis trate who may thereupon if he thinks fit, issue a summons or warrant to secure the attendance of that person as required by that notice. 17. (1) Any Game Officer not below the rank of Game Warden may accept from any person who has committed an offence under this Act a sum of money, not exceeding $100, in compensation for the offence committed: Provided that no offence against the provisions of para graph (a) of subsection (2) of section 4 or section 7 shall be so compounded without the approval of the Chief Game Warden. .. .. (2). On the payment-of such-sum of .money the per son shall be discharged and no further proceedings shall be 11 Power to hold inquiry and attendance Powerto compound offences B.L.R.O. 111984 12 Power to seize property Seizure of property when offender cannot be found Cap. 7 CAP. 102 LAWS OF BRUNEI Wild Life Protection taken against him, and such property, if any, ( other than any protected animal or trophy or flesh thereof) which has been confiscated as provided in this Part shall be disposed of in such manner as the officer concerned shall think fit. (3) All sums of money received compensation under this section shall be credited to the general revenue of Brunei. 18. (1) When there is reason to believe that an offence under this Act has been committed, any animal or trophy or flesh thereof, together with all weapons, instruments and contrivances used in the commission of such offence, may be seized by any Game Officer or police officer. (2) Every officer seizing any property under this sec tion shall place on such property, or on the receptacle, if any, in which it is contained, a mark indicating that it has been so seized, and shall, without unnecessary delay, make a report of such seizure to a magistrate having jurisdiction to try the offence in respect of which the seizure has been made: Provided that, in any case where such property has been seized in connection with an offence compounded under section 17, it shall not be necessary to report to a magistrate the seizure thereof, and such property shall be disposed of in such manner as the officer concerned shall think fit. 19. Where there is reason to believe that an offence under this Act has been committed by a person who is un known or cannot be found, all property seized under section 18 in respect of the offence shall be taken possession of by a Game Officer not below the rank of Game Warden who shall report the seizure to a magistrate, and the magistrate shall deal with the property as if it were the subject of a report-t0· him-·under section 363 of- the Criminal Procedure Code. LAWS OF BRUNEI Wild LiJe Protection CAP. 102 20. When the trial of any offence under this Act is con cluded, any property that has been seized under the provi sions of this Act shall be disposed of as the Court may order. 21. Prosecutions in respect of offences committed under this Act or any rule made hereunder may be conducted by a Game Officer or by any other person specially authorised in writing in that behalf by the Chief Game Warden. 22. The Court of a Magistrate shall have jurisdiction over all offences under this Act and, notwithstanding anything to the contrary which may be contained in the Criminal Proce dure Code, shall have power to impose the full penalty. 23. (1) Except as hereinafter provided, no witness in any proceeding under this Act shall be obliged or permitted to disclose the name and address of any informer or the subst ance of the information received from him, or to state any matter which might lead to his discovery. (2) If any books, document or papers which are in evidence or liable to inspection in any proceeding under this Act contain any entry in which an informer is named or described, or which might lead to his discovery, the Court shall cause that entri-to be concealed from view or be obliterated, but only to the extent that is necessary to pro tect the informer from discovery. (3) If, in a trial for any offence against this Act or any rule made hereunder, the Court after full inquiry, be lieves that the informer wilfully made in his complaint a material statement which he knew or believed to be false or did not believe to be true or, if the Court is of the opinion that justice cannot be done without the discovery of the informer, it shall be lawful for the court to require the pro ductio.n .. af the original co.mplaint, ifin writing, and permit inquiry and require full disclosure concerning the informer. 13 Disposal of property by Court Who may prosecute Jurisdiction Cap. 7 Protection of informers from discovery B.L.R.O. 111984 14 Reward for informers Power to make rules and orders CAP. 102 LAWS OF BRUNEI Wild Life Protection 24. Where, in any proceedings under this Act, any fine is imposed, the court may award any sum or sums not exceed ing one-half the total fine collected to any informer or infor mers: Provided that no such sum may be awarded to any police officer or to any person appointed to assist in the adminis tration of this Act. PARTY SCHEDULES AND RULES 25. (1) His Majesty in Council may make rules generally for carrying out the provision of this Act, and, in particular, such rules may provide for: (a) a close season for any kind of wild life; (b) maturity standards for taking, hunting, kill ing or capturing any kind of wild life; (c) controlling the keeping of any kind of wild life in captivity; ( d) controlling the import or export of wild life; (e) the type of weapons, instruments and contri vances which may be used in taking, shooting or killing of wild life; (f) granting exemption from anything provided by such rules; (g) appeal against or review of the exercise of al!y ~i~cretion vested by the rules in any Gctme Officer; and LAWS OF BRUNEI Wild· Life Protection CAP.·102 (h) -anything which requires to be provided for by the rule. (2) His Majesty i!} Council may, by order signified in the Gazette, amend any ·of the Schedules. FIRST SCHEDULE (Sections 2, 7, 8 and 9) LIST OF ANIMALS PART A: PROTECTED ANIMALS English Name Scientific Name Native Name 1. Long-nosed Nasalis Larratus Bangkatan (Malay) monkey Orang Belanda (Malay) 2. Orang Utan Pongo Pygmeaus Mayas (Malat? Orang Utan Malay) 3. Rhinoceros Rhinoceros Badak Kerbau (Malay) sumatrensis 4. Earless Monitor Lanthanotus Kukang (Malay) Lizard Borneonis 5. Tarsier. Tarsius bancanus Tempelileh talay) Ingkat (Iban 6. Clouded Leopard Neofelis nebulosa Harimau dahan (Malay) Rimau dahan 7. Slow Loris Nycticebus coucang Ukang (Malay) Rengkang (Iban) 8. Reef Egret Egretta Sacrs Ujoh Laut (Malay) 9. Cattle Egret Bubulcus Kenawai (Malay) Coromandus Burong Apuh (!ban) 10. Storm's stork Ciconia Stormi Bangau (Malay) 11. Lesser Adjutant Leptoptilos javanicus Burong Botak (Malay) Stork Luhong ~~~hlte-bellied-· Rahacettis ffelang Laut (Malay) Sea Eagle Leucogaster 15 B.L.R. 0. 111984 LAWS OF BRUNEI 16 CAP. 102 Wild Life Protection English Name Scientific Name Native Name 13. Grey-headed Fishing Eagle Ichthyophaga ichthyaetus Helang (Malay) 14. Black-naped Sterna Sumatrana Tara2 (Malay) Tern Burong Laut Entala Puteh 15. Brown-Winged Sterna Anaetheta Burong Laut Entala Tern Hi tam ~(Malay) 16. Pied Imperial Ducula Bicolor Peragam Burong (Malay) Pigeon Rawa (Iban) 17. Storked Billed Pelargopsis Capensis Burong Raja Udang Kingfisher Fraseri (Malay) 18. Ruddy Kingfisher Halcyon Coromando Bekaka (Malay) Minor 19. Black Capped Halcyon Pileata Bekaka Burong Buaya Kingfisher (Malay) 20. Great Argus Argusianus Argus Keruai (Malay) Pheasant Grayi 21. Bulwer's Pheasant Lophura bulwari Ayam Hutan (Malay) 22. Malaysian Peacock Polyplectron Merak (Malay and I ban) Pheasant Malacense 23. White-Crested Berenicornis Comatus Sentuku (lban) Hornbill 24. Bushy-Crested Anorrhinus Galeritus Kekalua (lban) Hornbill 25. Wrinkled Hornbill Aceros leucoccephalus Alau buloh (Malay) Corrugatus Kejakoh (Iban) 26. Wrethed Hornbull Aceros Undulatus Alau sangoh (Malay) Undan (Iban) 27. Black Hornbill Anthracoceros Alau babi (Malay) Malayan us Likap Gagak/Rengak (lban) 28. Pied Hornbill Anthracoceros Alau Pedada (Malay) Coronatus Bruic (Iban) 29. Rhinoceros Buceros rhinocedros Loklang/Sangang Hornbill · · borneonsis (Malayt- · Kenyalang (Iban) LAWS OF BRUNEI Wild Life Protection CAP. 102 English Name Scientific Name Native Name 30. Helmeted Rhinoplax vigil Lantudon (Malay) Hornbill Tajai (Iban) 3 l. Dugong Dugong dugon Doyung (Malay) Duyong (Iban) ~ 32. Green (or Edible Chelonia mydas Penyu Palua (Malay) Turtle) Penyu emegit 33. HawksbilJ Turtle Eretmochelys Penyu sisik (Malay) imbricita 34. Leatherback Dermochelys Penyu timbo (Malay) Turtle coriacea PART B: OTHER ANIMALS THE EXPORT OF WHICH IS FORBIDDEN EXCEPT UNDER LICENCE (i) Apes and monkey (ii) Bears (iii) Deer SECOND SCHEDULE (Section 10 (3) ) FEES A. Fee for a licence to export animals specified in the First Sche dule ................................... $50.00 per head. B. Fee for a licence under section 9 .................... $3(LOO per month. 17 XI B.L.R.O. 1/1984 18 CAP. 102 LAWS OF BRUNEI Wild Life Protection THIRD SCHEDULE (Section 10) FORM OF LICENCE (Not transferable) Permission is hereby given to ...................................................... . of (address) ............................................................................ .. to hunt, kill or capture/possess/sell/export* the following animal, name ly: the kind ................................................................... . the number ............................................................... . within the District of.. ................................................. . subject to the provisions of the Wild Life Protection Act, and.any rules made thereunder, and to the following special conditions, namely: Date of Issue ........................................................................... . Valid to (date) ......................................................................... . Fee$ .................................. (paid) Chief Came Warden/Game Warden. •Delete as appropriate. N.B.; Where the licence is to kill, capture, sell or e)[port. this licence is to be returned to the Chief Game Warden or Game Warden on expiration endorsed with the number of.. ....................... , killed, captured. sold or exported•. 'Delete as appropriate. NOTE: This licence must be carried on the person of the licensee when he is engaged in performing the acts authorised.