The Wild Life Protection (Amendment) Act, no. 01 of 2025

Convert to PDF JAMAICA [L.S.] NO.O\- 2025 I assent, Governor-General. AN ACT to Amend the Wild Life Protection Act. ~ [ \'3 Jaj o ~ Morc.h e..02.5 ] BE IT ENACTED by the Parliament of Jamaica, by and with the advice and consent of the Senate and House of Representatives of Jamaica, and by the authority of the same, as follows:- 1. This Act may be cited as the Wild Life Protection (Amendment) Short title Act, 2025, and shall be read and construed as one with the Wild Life and . construction. Protection Act (hereinafter referred to as the principal Act) and all amendments thereto. 2 [No. ] The Wild Life Protection (Amendment) Act, 2025 Amendment of section 2 of principal Act. Amendment of principal Act. Repeal and replacement of section 11 of principal Act. Amendment of section 14 of principal Act. 2. Section 2 of the principal Act is amended by deleting the definition of the term "vehicle" and substituting therefor the following- ( a) ''vehicle" includes a motor vehicle as defined in section (2) of the Road Traffic Act; (b) "an aircraft'' as defined in section (2)(1) of the Civil Aviation Authority Act; ( c) by inserting in the appropriate alphabetical order, the following definition; "Exclusive Economic Zone" 1neans the Zone established under section 3 of the Exclusive Economic Zone Act. 3. The principal Act is amended by deleting the words "shall be guilty of an offence against this Act" wherever they appear, and substituting therefor, in each case, the words "commits an offence". 4. The principal Act is amended by repealing section 11 and substituting therefor the following section- "Protection of waters containing fish from trade effluents. 11. Notwithstanding anything to the contrary, a person who causes or lmowingly permits to flow, or puts or knowingly permits to be put, whether directly or indirectly, into any harbour, river, stream, canal, lagoon or estuary, containing fish, any- (a) trade efiluent; (b) industrial waste; ( c) sewage; or ( d) noxious or polluting matter, commits an offence.". 5. Section 14 of the principal Act is amended- ( a) in subsection (3), by deleting the words "one hundred thousand dollars and imprisonment for two years" and substituting therefor the words "five million dollars and in default of payment of such fine to imprisonment for a tenn not exceeding five years";-and The Wild Life Protection (Amendment) Act, 2025 [No. ] 3 (b) by deleting subsection (4), and substituting therefor the following- " ( 4) The Minister may by Order, subject to affinnative resolution, amend any fine specified in subsection (3Y'. 6. Section 15 of the principal Act is amended in subsection (3) by Amendment deleting the words "or obstruct''. of section ts. 7. The principal Act is amended by repealing section 18 and Repeal and substituting therefor the following section- replacement of section 18 .. Persons found offending. 18.-( l) A constable may require a person whose of principal identity is unknown to the constable, to disclose that Act. persons full and correct name (including any alias) and that person's full and correct address where the constable has reasonable cause to suspect that the person is in the course of committing, has committed or is about to commit an offence under this Act or any regulation made under this Act or can assist in the investigation of any such offence. (2) A person who contravenes subsection (1) commits an offence.". 8. The principal Act is amended by repealing section 20 and substituting therefor the following section- Repeal and replacement of section 20 of principal Act. "Penalties. Fourth Schedule. 20.--(1) A person who commits an offence under any provision specified in Column l of the Fourth Schedule and described in Colwnn 2 of that Schedule, is liable, on swnmary conviction in a Parish Court, to- (a) a fine not exceeding the amount specified in Column 3 of that Schedule; or (b) imprisonment for a term not exceeding the term specified in Column 4 of that Schedule. (2) A body corporate who commits an offence under this Act shall be liable on indictment and conviction in a Circuit Court to a fine. 4 Insertion of new Fourth Schedule in principal Act. [No. ] The Wild Life Protection (Amendment) Act, 2025 (3) The Minister may by Order, subject to affinnative resolution, amend any fine imposed under this Act.". 9. The principal Act is amended by inserting next after the Third Schedule the following Schedule-- " FOURTH SCHEDULE (Section 20) Offences and Penalties Column I Column2 Column3 Column4 Maximum Description of Maximum Tennof Section Offence Fine Imprisonment 4(I)(a) Hunting any animal or $3million 3 years bird in a G3IDe Sanctuary. 4(l)(b) Taking the nest or egg $3million 3 years of any bird in a G3IDe Sanctuary. 4(l)(c) Being found within a $3million 3 years Grune Sanctuary under circumstances showing that the person was hunting any animal or bird or talcing or intending to taJce the nest or egg of any bird. 4(1)(d) Taking any dog into or $3million 3 years knowingly permitting any dog to enter or be in a Game Sanctuary. 4(l)(e) Carrying in a Grune $3million 3 years Sanctuary, any gun, catapult or other weapon. The Wild Life Protection (Amendment) Act, 2025 [No. ] Column I Section 6(2) 6A(a) 6A(b) 7(2XaXi) 7(2XaXii) 7(2)(b) Offences and Penalties Column2 Description of Offence capable of being used to hunt animals or birds. Hunting a protected animal or protected bird. Having in possession the whole or any part of any protected animal or protected bird. Taking or having in possession the nest or egg of any protected bird. Hunting any game bird during the close season. Hunting any game bird during the shooting season on any day other than the first day of the shooting season or a day prescribed under section 7(1). Taking or having in possession for sale, hawking, offering for sale, selling or storing in any commercial cold storage any game bird. Column3 Maximum Fine $3million $3million $3million $3million $3million $3million Column4 Maximum Termof Imprisonment 3 years 3 years 3 years 3 years 3 years 3 years 5 6 [No. ] The Wild Life Protection (Amendment) Act, 2025 Offences and Penalties Columnl Column2 Column3 Column4 Maximwn Description of Maxinnnn Tennof Section Offence Fine Imprisonment 8(a) Taking or attempting to $3million 3 years take any turtle eggs. 8(b) Selling or having in $3million 3 years possession for the purpose of sale, any turtle eggs. 8A Hunting any animal or $3million 3 years bird in or taking any eggs from the Exclusive Economic Zone without a licence issued under this Act. 9(1Xa) Taking or attempting to $3million 3 years take fish which is immature. 9(l)(b) Knowingly killing or $3million 3 years injuring or attempting to kill or injure fish which is immature. 9(1Xc) Knowingly buying, $3million 3 years selling, exposing for sale or having in possession, fish which is immature. lO(a) Using, or causing to be $3million 3 years used, dynamite or other explosive substance with intent thereby to take, kill, or injure fish in any water. The Wild Life Protection (Amendment) Act, 2025 [No. 1 7 Offences and Penalties Column 1 Column2 Column3 Column4 M.axinmm Description of Maximum Termof Section Offence Fine Imprisonment lO(b) Placing or causing to be $3million 3 years placed any poison, lime or noxious material in any water with intent thereby to talce, kill or injure fish that may then be or may thereafter be put therein. lO(c) Unlawfully and maliciously $3million 3 years cutting through, breaking down or otherwise damaging or destroying any d~ floodgate or sluice with intent thereby to talce, kill or injure fish. lO(d) Using or causing to be $3million 3 years used in any river, stream or canal any trap other than an authorized trap. 11 Causing or knowingly $5million 5 years permitting to flow, or putting or knowingly permitting to be put, whether directly or indirectly, into any harbour, river, str~ canal, lagoon or estuary, containing fish, any- (a) trade effluent; (b) industrial waste; 8 [No. ] The Wild Life Protection (Amendment) Act, 2025 Column 1 Section 12 15(3)(a) 15(3)(b) 18(2) 19(a) Offences and Penalties Column2 Description of Offence ( c) sewage; or ( d) noxious or polluting matter. Knowingly buying, selling or having in possession fishtaken,killedorinjured in contravention of the provisions of this Act or of any regulationsmade under thisAct. Refusing to admit any Fishery Inspector in theexerciseof any of the powers conferred by section 15(1 ). Refusing to admit any GameW arden, Fishery Inspector or Constable intheexerciseof any of thepowersconferred bysectionl5(2). Refusing to comply with arequirement under subsection (1 ). Assaulting, obstructing, hindering or resisting any Game Warden, Fishery Inspector or Constablein theexecution of hisduty under thisAct. Colwnn3 Maximum Fine $3m.illion $3m.illion $3million $lmillion $3million Column4 Maximmn Termof Imprisonment 3 years 3years 3years lyear 3years The Wild Life Protection (Amendment) Act, 2025 [No. ] Offences and Penalties Column 1 Column2 Column3 Description of Maximum Section Offence Fine 19(b) Aiding, abetting or $3 million inciting any other person to assault, obstruct, hinder or resist any Game Warden, Fishery Inspector or Constable in the execution of his duty under this Act. Column4 Maximmn Termof Imprisonment 3 years " Passed in the House of Representatives this 14th day of January, 2025. 9 JULIET HOLNESS Speaker. Passed in the Honourable Senate this 24th day of January, 2025. THOMAS TAVARES-PINSON, CD, QC, JP President. This printed impression has been carefully compared by me with the authenticated impression of the foregoing Act, and has been found by me to be a true and correct printed copy of the said Act. ~~. c~A~~\.vu eu~Cr\ ~ ct'erk to the Houses of Parliament.