Protection of Wildlife (Amendment) Act 1976 (No. A337 of 1976)

LAWS OF MALAYSIA Act A337 PROTECTION OF WILD LIFE (AMENDMENT) ACT, 1976 2 Date of Royal Assent 25th February, 1976 Date of publication in Gazette . . . 26th February, 1976 LAWS OF MALAYSIA Act A337 PROTECTION OF WILD LIFE (AMENDMENTI. AC'I', I91G2 AR , .. Qt te amend the Protection of Wild Life Act, 1972. r 3 BE IT ENACTED by the Duli Yang Maha Mulia ·seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: 1. This Act ·may be cited as the Protection of Wild Life Short title. (Amendment) Act, 1976. 2. Section 4 of the Protection of Wild Life Act, 1972 (here- Amendment inafter referred to as "the principal Act") is hereby amended of section 4• by inserting immediately after section 4 ( 6) the following Act 76• new subsection "(?) The Chief Game Warden shall have all the powers and discretions vested in the Game Warden by this Act.". 3. Section 6 of the principal Act is hereby amended by Amen~ent inserting immediately after the word "building" appearing of section 6· in the last line the words "and to seize any wild animal or wild bird or part thereof or any book or record required to be kept under this Act, trophy, poison or net capable of being used to take any wild animal or wild bird or other article which was the subject matter of or was used or suspected to be used in the commission of any offence under· this Act". 4. Section 7 of the principal Act is hereby amended- Amen~ment of section 7. (a) by inserting the words ", Deputy Game Warden, Assistant Game Warden" immediately after the words "Game Warden" appearing in line 2 and in paragraphs (b) and (c); (b) by substituting for the full-stop appearing at the end of paragraph (c) thereof a comma; and 1s. 4-71 Amendment to section 9. 4 Acr A337 (c) by inserting · immediately below the last line of paragraph (c) the following "and may seize any wild animal or wild bird or part thereof or any book or record required to be kept under this Act, trophy, poison or net capable of being used to take any wild animal or wild bird or other article which was the subject matter of or was used or suspected to be used in the commission of any offence under this Act.". 5. Section 9 of the principal Act is hereby amended by substituting for the word "A Game Warden" the words "Any person appointed under section 4 (I)". " :t~1:;1 0 c~L 6. Section 21 of the principal Act is hereby amended (a) by inserting the words "or a Deputy Game Warden" immediately after the words "a Game Warden" in subsection (I); (b) by inserting the following new subsection (2) imme diately after subsection (1) "(2) The Chief Game Warden may when he deems it necessary delegate in writing the powers under subsection (1) other than in respect of a totally protected wild animal or a totally protected wild bird to any Assistant Game Warden either specifically or generally."; and (c) by renumbering the existing subsection (2) as sub section (3) and substituting for the words "the Chief Game Warden or a Game Warden compounds an offence pursuant to subsection (I)" appearing therein the words "an officer authorised under sub section (1) or (2) compounds an offence pursuant to this section". Amt en~mc 2 nt 7. Section 22 of the principal Act rs hereby amended o section 2. · (a) by renumbering it as subsection (1); (b) by inserting the words "or a Deputy Game Warden" immediately after the words "A Game Warden"; and (c) by inserting the following new subsection (2) "(2) The Chief Game Warden may when he deems it necessary delegate in writing the powers under subsection (1) to any Assistant Game Warden either specifically or generally.". [S. 8-11] PROTECTION OF Wll.D LIFE (AMENDMENT) 5 8. The principal Act is hereby amended by inserting imme- Ne~ diately after section 31 the following new section 3 lA- section 31 A "'No licence 3 lA. Save as provided in Part V no licence or to shoot, etc., during permit shall be granted to shoot, kill or take any close season. protected wild animal or protected wild bird during a close season.". 9. Section 32 of the principal Act is hereby amended by Amcn~mcnt deleting the words "not exceeding fl ve for each year or of scction 32· open season (as the case may require)". 10. The principal Act is hereby amended by inserting imme- New section diately after section 44 the following new section- 44A "Suspcnsion, 44A. (1) Without prejudice to the provisions of u~~~~~ or sections 43 and 44, the Minister or the Game permit. Warden may without assigning any reasons suspend, revoke or withdraw any licence or permit issued under this Act if he has reason to believe that any of the provisions of this Act or any regulations or rules made thereunder or condi tions of such licence or permit has been contra vened, or vary, add to or delete the conditions to which such licence or permit is subject: Provided that where a permit is issued by the Minister it may only be revoked or withdrawn by the Minister. (2) Where a licence or permit is suspended, revoked or withdrawn by the Game Warden the person thereby aggrieved may within a period of fourteen days from the date of the receipt of the notice of such suspension, revocation or with drawal appeal in \¾riting to the Minister whose decision shall be final.". 11. Section 48 of the principal Act is hereby amended (a) by substituting for the words "in respect of each year" appearing in subsection (3) the words "but may be renewed for periods of up to one month at a time"; and (b) by substituting for the words "shall" appearing in subsection (4) the words "may be required to". Amendment of section 48. [S.12-13] 6 Acr A337 Amendment of section 51. 12. The principal Act is hereby amended by substituting for section 51 the following new section "Special 51. ( L) Notwithstanding anything in this Act, the permits to shoot, Minister may export. etc., protected (a) grant not more than one special permit to wild life. each applicant for each year to shoot, kill, take, keep, import, export, house, confine or breed any totally protected wild animal or totally protected wild bird; (b) grant special permits to take, keep, import, export, house, confine or breed any totally protected wild animal or totally protected wild bird to any zoo to which admission by public is obtained by payment or to which public have access; and (c) grant not more than one special permit to each applicant for each close-season to shoot, kill or take any protected wild animal or protected wild bird during the close season, if the person or zoo (i) makes a written application for a special permit stating the grounds for making such application; and (ii) satisfies the conditions prescribed by order with respect to the payment of deposits fees and other conditions. (2) A special permit shall specify the wild animal or the wild bird and the period for which it is issued. (3) The Minister may impose any condition to the special permit not cohtrary to the provisions of this Act and any person who or zoo which contravenes any of the conditions imposed thereto or any conditions prescribed under paragraph (ii) of subsection (1) shall be deemed to have com mitted an offence under section 97 and shall be liable to have the permit revoked.". Amen~ment 13. Section 53 of the principal Act is hereby amended by of section 53· substituting for the words "pursuant to" appearing in paragraph (c) the words "issued under". [S. 14-20] PROTECTION OF WILD LIFE (AMENDMENT) 7 14. Section 55 of the principal Act is hereby amended- ~:~~:;nt (a) by substituting for the words "a Game Warden" 55• appearing in subsection (1) the words "any person appointed under section 4 (1)"; and (b) by substituting for the words "the Game Warden" appearing in subsection (4) the words "any person appointed under section 4 (1)". 15. Section 58 of the principal Act is hereby amended by Amen<!ment inserting the words "or part ' thereof" after the words of section 58· "protected wild bird" appearing in line 14 thereof. 16. Section 59 of the principal Act is hereby amended (a) by inserting immediately after the words "or a wild bird" appearing in line 3 of paragraph (a) the words "or part thereof"; and (b) by inserting immediately after the words "or a wild bird" appearing in line 2 of paragraph (b) the words "or part thereof". Amendment of section 59. 17. Section 60 of the principal Act is hereby amended by Amen<!ment inserting the words "or part thereof" after the words "wild of seeuon 60· bird" appearing in line 4 thereof. 18. Section 61 of the principal Act is hereby amended (a) by deleting the word "(jerat)"; and (b) by substituting for the word "snare" appearing in lines 4 and 5 the word "jerat". 19. Section 63 of the principal Act is hereby amended (a) by substituting for the words "or a wild bird" appearing in line I the words " , a wild bird or a jerat"; and (b) by substituting for the words "or the wild bird" appearing in lines 4 and 6 the words " , the wild bird or the jerat". Amendment of section 61. Amendment of section 63. 20. Section 64 (2) of the principal Act is hereby amended by Amen~mcnt inserting immediately after the word "bird" appearing in of section 64· paragraph (a) the words "or a trophy thereof". [S. 21) 8 Acr A337 Amendment 21. Section 76 of the principal Act is hereby amended of section 76. (a) by deleting the words ", spring gun" appearing in subset:tion ( 1 ); and (b) by substituting for the words "metal wire jerat or drop spear" appearing in subsection (2) the word "jerat". KUALA LUMPCll DICCTAIC OLEH PEMANC.KU KETtJA PENC.AAAH PERC1!TAK.AN DAN DITERBITK.AN DENC.AN PERINTAU PA04 26HB FEBRUARI, 1976 Harga: SO sen