Protected Areas and Protected Places Act (Chapter 147)

LAWS OF BRUNEI Protected Areas and Protected Places CAP. 147 1 LAWS OF BRUNEI REVISED EDITION 1984 CHAPTER 147 PROTECTED AREAS AND PROTECTED PLACES ARRANGEMENT OF SECTIONS Section 1. Short title 2. Interpretation 3. Authorisation of guards and watchmen 4. Protected areas 5. Protected places 6. Notice of orders under sections 4 and 5 7. Penalty 8. Seizability and bailability of offences 9. Special powers in protected areas and protected places 10. Defensive measures at protected areas and protected places 11. Transitional provisions B.L.R.O. 1/1984 LAWS OF BRUNEI Protected Areas and Protected Places CAP. 147 3 PROTECTED AREAS AND PROTECTED PLACES ACT An Act to provide for protected areas and protected places 6 of 1983 :, i(J!'i'11 Commencement: 1st December 1983 S.23/83 1. This Act may be cited as the Protected Areas and Short title Protected Places Act. 2. (1) In this Act "armed force" means the Royal Brunei Armed Forces or any other armed force (other than the police force) for the time being of Brunei; "authorised officer" means (a) any police officer; (b) any person holding a comrrussion In any armed force or in any visiting force; (c) any member of any armed force or of any visiting force performing the duties of a guard or sentry in any protected area or protected place in accordance with orders issued by a person holding a commission in any armed force or visiting force; (d) any person performing the duties of a guard or watchman in a protected area or a protected place and specially authorised in that behalf under section 3; or (e) any member of the Gurkha Reserve Unit; "officer commanding a Police District" means the officer appointed to perform the duties of that Interpreta­ tion B.L.R.O.1/1984 LAWS OF BRUNEI 4 CAP. 147 Protected Areas and Protected Places Cap. 50 Authorisa­ tion of guards and watch­ men office and when such officer is unable through abs­ ence, illness or otherwise to perform his duties, means the police officer present and acting in the Police District who is next in rank below such officer appointed as aforesaid; "police force" has the same meaning as in the Royal Brunei Police Force Act, and includes (a) the Brunei Volunteer Police Force, or any part thereof, when on active service; and (b) any auxilliary or special police force consti­ tuted under any written law for the time being in force, or any part of any such force, when on active service; "police officer" means any member of the police force; "protected area" means any area declared to be a protected area under section 4; "protected place" means any place or premises de­ clared to be a protected place under section 5; "visiting force" means any visiting force for the time being in Brunei by virtue of any written law or by virtue of any lawful arrangement made by or on behalf of the Brunei Government. 3. The Commissioner of Police, any officer commanding a Police District and any police officer of or above the rank of assistant superintendent empowered in that behalf by the Commissioner of Police or an officer commanding a Police District, may authorise any person performing the duties of a guard or watchman in a protected area or a protected place to exercise the powers of an authorised officer under this Act. LAWS OF BRUNEI Protected Areas and Protected Places CAP. 147 5 'i ,\folnc \~, (""S 4. (1) If as respects any area it appears to the Minister/ Protected to be necessary or expedient that special measures should be areas taken to control the movements and conduct of persons therein he may by order declare such area to be a protected area for the purposes of this Act. (2) Any person who is in any protected area shall comply with such directions for regulating his movement and conduct as may be given by an authorised officer, and an authorised officer may search any person entering, or seeking to enter, or being in, a protected area, and may detain any such person for the purpose of searching him. (3) If any person while in a protected area fails to comply with any direction given under subsection (2) then, without prejudice to any proceedings which may be taken against him, he may be removed from the area by an autho­ rised officer. 5. (1) I!!"~,,f,~sl?l;£!~ any place or premises it appears to the Minister/to be necessary or expedient that special pre­ cautions should be taken to prevent the entry therein of unauthorised persons, he may by order declare such place or premises to be a protected place for the purposes of this Act; and so long as the order is in force no person shall, subject to any exemptions for which provision may be made in the order, be in that place or those premises unless he has received the permission of such authority or person as may be specified in the order or of an authorised officer on duty at those premises, to enter the same. (2) Where, in pursuance of this section, any person is granted permission to be in a protected place, that person shall, while acting under such permission, comply with such directions for regulating his conduct as may be given by the authority or person granting the permission; and an autho­ rised officer, or any person authorised in that behalf by the occupier of the premises, may search any person entering, Protected places j' (l/ rL"l, r;~) 6 .:" 7D B.L.R.O.l/1984 LAWS OF BRUNEI 6 CAP. 147 Protected Areas and Protected Places or seeking to enter, or being in, a protected place, and may detain any such person for the purpose of searching him. (3) If any person is in a protected place in contraven­ tion of this section, or while in such a place fails to comply with any direction given under this section, then, without prejudice to any proceedings which may be taken against him, he may be removed from the place by an authorised officer or any person authorised in that behalf by the occu­ pier of the premises. Notice of orders under sections 4 and 5 Penalty Seizability and bailabil­ ity of off­ ences Cap. 7 6. Whe9+~,~Y p~~er, is made under section 4 (1) or 5 (1), the Minister(shall cause notice of the effect of such order to be given in such manner as he thinks necessary for bringing it to the notice of all persons who in his opinion ought to have notice thereof; and such order shall have effect as soon as such notice has been given, without publication in the Government Gazette. 7. If any person contravenes or fails to comply with any of the provisions of sections 4 or 5 or any order made there­ under or any direction given or requirement imposed there­ under, he shall be guilty of an offence under this Act: Penal­ ty, imprisonment for 2 years and a fine of $2,000. 8. (1) An authorised officer, and any person authorised under section 3 to exercise the powers of an authorised officer under this Act, may without warrant arrest any per­ son found or reasonably suspected of committing or attemp­ ting to commit or of procuring or abetting any person to commit an offence against this Act; and for the purposes of the Criminal Procedure Code every offence against this Act shall be seizable. (2) Bail shall be discretionary in respect of every offence against this Act. LAWS OF BRUNEI Protected Areas and Protected Places CAP. 147 9. Any person who attempts to enter or who is in a protected area or a protected place and who fails to stop after being challenged 3 times by an authorised officer so to do may be arrested by force, which force may, if necessary to effect the arrest, extend to the voluntary causing of death. ~ "'\'.l. '. (,.""~. 10. (1) It shall be lawful for the Minister/to authorise the taking of such steps as he may deem necessary for the pro­ tection of any protected area or protected place, and such steps may extend to the taking of defensive measures which involve or may involve danger to the life of any person entering or attempting to enter a protected area or pro­ tected place. (2) Where any measures such as are referred to in subsection (1) are adopted, the CommiSSiQn~ of p~~·ce or 1/') ~ ("(lA( ( n "\ any person so authorised by the Minister/in th t beha shah cause such precautions to be taken, including the prominent display of warning notices, as he deems reasonably neces­ sary to prevent inadvertent or accidental entry into any such protected area or protected place; and where such precau­ tions have been duly taken, no person shall be entitled to compensation or damages in respect of any injuries received or death caused as a result of any unauthorised entry into any such protected area or protected place. 11. Any order in force immediately before the com­ mencement of this Act and made by the Commissioner of Police under Order 17 (1) of the Emergency Orders 1962 shall for the purposes. of this Act be deemed to have been made by the Ministe~~l~~lde~\ection 5 (1) (and to have been brought to the notice, pursuant to section 6, of all persons who in his opinion ought to have notice thereof) on such commencement; and any place or premises declared to be a protected place by such order shall be deemed to be a pro­ tected place for the purposes of this Act so long as such order continues in force as respects such protected place. 7 Special pow­ ers in pro­ tected areas and protected places Defensive measures at protected areas and protected places Transitional provisions 17 of 1962 B.L.R.O.1/1984