Protection of Wildlife and protected Areas Law No. 6/94

mya36295.max Tbe State Law and Order Restoration CoWicil The Protection of Wildlife and Protected Areas Law (The State Law and Order Restoration Council Law No. 6/94) The 15th Waning ofKason, 1356 ME. (8th June, 1994) The State Law and Order Restoration Council hereby enacts the following Law: - Chapter I Title and Definition 1. This Law shall be called the Protection ofWildlife and Protected Areas Law. 2. TI1e foilowing expressions contained in this Law shall have the meanings given hereunder; - (a) Wildlife means wild animals and wild plants in their natural habitats; (b) Wild animal means naturally bred animals such as mammals, reptiles, amphibians, birds, insects, aquatic animals and their spawns, larvae, frys and seeds in their natural habitats; (c) Wild Plant means trees, shrubs; climbers, bamboos, canes, orchids, fungus, aquatic plants, etc, and their seeds growing in their natural habitats; (d) Protected Area means a geographically defined area which is designated or regulated and managed to achieve specific conservation objectives~ (e) Ecosystem means a dynamic complex of plant, animal and micro-organisim communities and their non-living environment interacting as a fi.mctional unit; (f) Habitat means the place or type of site where an organism or population naturally occurs; (g) Zoological Garden means a place where captive animals are displayed for pubU.c education, recreation and research purposes; (h) Botanical Garden means a place where wild plants and cultivated plants are displayed for public education, recreation and research purposes; (i) Forest Land means land including reserved forest and protected public forest notified under the Forest Law; ) U) Committee means the Committee formed for the conservation of wildlife and protected aieas uriMr this Law~ (k) Supervisory Body means the Body formed for the supervision of Zoological Gardens and Botanical Gardens under this Law; (1) Minister means tl1e Minister of the Ministry of Forestry; (m) Director General means the Director General of the Forest Department; (n) Forest Officer/ Wildlife Officer means the officers at different levels from the Head of Township Forest Department/ Park Wardens to the Director of the Forest Departme1it / Director of Nature and Wildlife Conservation Division, who have been assigned to carry out the functions and duties under this Law; (o) Forest Staff/ Wildlife Staff rneans the staff at different levels from a Forest Guard / ~ildlife Guard to the Director General of the Forest Department who have been assigned to carry out the functions and duties under this Law; 2 Chapter Il Objectives 3. The objectives of this Law arc as follows~ ~ (a) to implement the policy of protecting wildlife of the State; (b} to implement the policy of conserving the protected areas of the State; (c} to carry out in accord~nce with lntemational Conventions agreed by the State in respect of the protectwn of wrld species of both flora and fauna and representative ecosystems occurring in the CQUntry; (d) to protect endangered species of wild flora :u1d fauna and their habitats· (e) to contribute for the development of research on natural science· ' (f) to establish zoological gardens and botanical gardens for the pr~tection of flora and fauna~ Chapter Ill Formation of the Committee and Functions and Duties Tl\ereof 4. The Government - (a) .shall fonn the Committee for the conservation of wildlife and protected aTeas consisting of the following persons; - (i) Minister Ministry of Forestry {ii) representatives from tl1e reievant Government Departments and Government Organizations (iii) relevant luminaries and experts (iv) a person assigned responsibiiity by the Chaim1an Chaim"\an Members Members Seeretary (b) The Govenmwnt may determine the Vice~Chairman and Joint Secretary whe\\. necess.1.ry. . . 5. A Committee member who is a nonwGovemment servant is entitled to recei:ve ~u\jh remune:ration as may be prescribed by Minister. 6. The duties and functions of tl1e Committee are as follows;- (a) giving guidance to enable implementation of the objectives of this Law~ (b) submitting suggestions to enable the Government to lay down policies relating to protection of wildlife; . (c) submitting suggestions to enable the Government to lay down policies retz.ting to the conservation of protected areas; (d) coordinating with · the relevant Government Departments and Governm.ent Organizations fur establishment of protected areas and establishment of the zoological gaTdeM and botanical gardens; (e) supervising the perfonnance of functions relating to protection of wi.ldH.fo and protected areas; (f) giving guidan~ for the protection of endangered species of both flora and fuuna~ (g) giving guidance in respect of contribution for the development of research {}tt. natural science; 3 (h) communicating and co-operating with foreign countries, international organizations and regional organizations; Chapter IV De,igns.ti.on of Protected Areas and Establishment of Zoological Gardens and Botanical Gardens 7. The categories of9rotected areas are as follows; - (a) Scientific Reserve (Strict Nature Reserve) (b) National Park; (c) Marine Park; ( d) Managed Nature Reserve; (e) Wildlife Sanctuary; (f) Protected Landscape (g) Other protected area detennined by the Minister; 8. The Mmister;- (a) ma-y iu any atea, with the approval of the Government and for the purpose of the objective of this Law, by notification if necessary- - {i) designate protected areas ae<:ording to the categories; (ii) establish zoological gardens and botanical gardens; (b) if desirous of designating and establishing under sub~section (a) in any land under the admmisttation of a Government department or Government organization with the ex.ception of forest land shalJ do so after prior co-ordination · with the relevant Government department or Government organization; (c) if desirous of designating and establishing under sub-section (a) in any land in which an individual or a private organization had the right of cultivation, right of possession, right of use and o«,upru,,~y. beneficial enjoyment, heritable right or transferable right shall do so after prior co­ ordination with the relevant. Ministry for acquiring land in accordance with the existing Land Acquisition Laws; (d) shall notify in advance the land on which and tl1e boundary within which it is proposed to designate and establish under sub-section (a); · .. (e). shall form and assign duties to a Preliminary Settlement Body to inquire into and detem1ine in the mam1er prescribed the affected rights of th.e public in the relevant area within which it is proposed to designate and establish under sub-section (a) and to carry out preliminary demarcation. 9. The Minister may, with the approval of the Government - (a) revise, alter the category or cancel the whole or a portion of the area of a. protected area designated under section 8; (b} revise or cancel the whole or a portion of the area of the zoological garden or botanical garde11 establisl1ed under section S. 10.The Minister;- (a} shall form a Supervisory Body for each zoological garden and botanical garden established under section 8 and the functions and duties thereof; (b) ma~ alter the fom1ation of or abolish the Supervisory Body, as may be necessary. 4 11.The Director General shall, with the approval of the Minister, make provisions for customary rights and privileges of the people in the region in <.nhi.cl\ it is proposed to establish under section 8. 12.The Director General may, with the approval of the Minister - (a) allow, after stipulating c011ditions, scientific research, envirorm1ental study and recreation in the protected area, wlth the exception of the t.Gtatly prohibited wildem~s areas; (b) provide necessary means and measures to protect the protected areas by regulating activities in adjacent areas; (c) exchange wildlife (wild animals and wild plants) with foreign countries. 13 .The Director General - {a} may carry out culling measures for sustainable wildlife nw.nagement in the protected areas; (b) shall notify rules and regulation to be abided by the public in the zoological gardens and botanical gardens established under section. 8. 14:nie Forest Department shall carry out the following functions and duties according to the category of protected area in conformity with the guidance laid dov,rn by the Committee or the Minister; (a) preservation to enable conducting res.eatcl, on naum,l evolutionary system of Scientific Reserve; (b) preservation of varied ecosystems and organisms, permitting research and recreation within the National Park without causing damage to the natural environment; (c) preservation of marine and related ecosystems and organisms and pemlitting research and recreation within the Marine National Park, without causing damage to the natural enviro1m1ent; (d) protection and sustainable management of significant ecosystems and rare wildlife species in the Managed Nature Reserve; (e) preservation of wildlife including migratory birds and habitats incorporation with international communities; (t) conservation of m1ique landscape and cultural heritage within the Protected Landscape; Chapter V Protected Wildlife and Wild Plants 15.111e Director General shall, with the approval of the Minister- (a) declare according to the following categories of wildlife species which are to be protected fom1 e:,,.iinction; (i) completely protectetl wildlife S~\!~12,, (ii) protected wildlife species; (iii} seasonally protected wildlife species; (b) declare endangered species of wild plants in designated areas from extinction; ( c) lay dovm and carry out rocasures for fue ronservation of protected wildlife species; (d) co--0rdi11.ate with the relevant departments and organizations if the wildlife-to be protected are under their management. . · l6.The Director General may, with the approval of the Minister- (a) pem1it the capture and possession of completely pr~tec~ed wildlife species by stip~lat!ng conditions to Government Department, Government Organization or non-Government Orgamzatmn to conduct scientific research on vn\dlife '3pecies; 5 (b) pennit the removal, transportation and possession of protected wild plants from the protected areas for the purpose of scientific research and reproduction; 17.Tiie Director General may- (a) declare the names of protected wildlife species and seasonally protected wildlife species for the purpose of commercial fanning; (b) pemut the capture, fanning or transfer, by stipulating conditions of wildlife species aUmved for the purpose of conunercial fantting as declared under sub-section (a); (c) allow by stipulating conditions raising protected. and seasonally protected wildlife species as pets and hobby for traditional custom; (d) lay down appropriate measures or directives from cor1tagious diseases and cross-breeding of the fam1ed species in the vicinity of the protected area; 18.(a) 111e Director General may, with the approval of the Minister make recommendations for the export of fanned wildlife species and any part thereof; (b) TI1e Forest Officer assigned by the Director General may pennit removal or transportation from one to another of wildlife species which is permitted to be hunted or to be raised on a commercial basis or any part thereof; Chapter VI Hunting 19.The Director General may grant a hunting lic,ense, by stipulating conditions to hunt wildlife other than protected wildlife species within a protected area, 20.A person who has been granted a hunting license shall-~ (a) pay the hunting license fees as may be presc.ribed; {b) abide by the conditions of the hunting licene; {c) submit to the inspection of the Forest Department. Chapter VII Right to Establish Zoological Garden and Botanical Garden 21.The Minister may, with the approval of the Govemment-- (a) allow by stipulating conditions the application in the manner prescribed to operate the zoological gardens and botanical gardens established under section 8 in joint venture between the Governm .. '.\t and any individual or any organization in the interest of the State; (b) allow by stipulating conditions the application in the manner prescribed to establish a Ilrivate zoological garden or botanical garden; 22,The Minister -- {a) shall fom1 a Supervisory Body and prescribe the functions thereof to supervise each of the zoological garden or botanical garden permitted to be established under section 21 sub-section (a), if necessaiy; {b) may re-constitute or abolish the Supervisory Body as may be necessary. 23. A person who has obtained permission to establish a zoological garden or botanical garden unde.r section 21 shall apply to the Director General in the prescribed manner for a license to operate. 6 24. The Director General -- (a) may, in respect of the application for a license to operate a zoological garden or botanical garden sc rutinize as to whether it is in confonnity with the prescribed requirement of work and grant or refuse the Hcense; (b) shall detennlne the conditions of the license to operate the zoological garden or botanical garden; (c) may revoke the license, subject to a time limit or cancel the license with the approval of the Minister, in case of violation of the conditions to be abided by a person wl10 has obtained.a license to operate. 25. A person who ltas obtained a !Lcense to operate a zoological garden or botanical garden-­ ( a} shall abide by the conditions of th.e license to operate by the Director General; (b} shall pay in Myanmar Kyats or in foreign currency taxes relating to the license to operate, in the prescribed manner; · (c) shall, if he di.es before the expiry of the license to operate be represented by his legal representative, who shall apply to the Dfrector General in the prescribed mrumer. Chapter VIII Registration 26. (a) A person who possesses as a souvenir or weaves as a traditional custQm any part of a completely protected wildlife species; before this Law comes into force shall registcr at the relevant TO\vnship Forest Department in the manner prescribed by the Minister of Forestry~ {b) with the exception of a person who has in heritage under a. traditional ~us.tom from a person registered under sub~section (a), a person who received in any other manner shall register at the relevant Township Forest Department in the manner of prescribed by the Ministry of Forestry; (c) For the purpose of research of a completely protected animal aft.er this Law comes into force, a Government department, a Government organization or a non--gcvenm1e1\tal organization which has been pennitted to capture or possess under section 16 sub-section {a)"an.d which is desirous of possessing any part of thereof to conduct research or as souvenir sha\\ register in the manner prescribed by the Ministry of Forestry. 27. A Forest Offi.cer who has been assigned to perfonn the functions of regi.stration by the Director Genentl (a) may scrutinize the application f~r registration under section 26 in the prescribed manner and register or refuse registration; (b) if registration is effected under sub-section (a) . shall issue a certif\catc of registration to the applicant Chapter IX Taking Administrative Actio11 n. In order to take administrative action, the Forest Staff/ Wildlife: Staff shall, in respect of seizure and disposal of exhibits carry out in the manner prescribed.. 29. A Forest Officer/ Wildlife Officer may pass an administrative order ca~sing, a fi~e which may e>..iend to Kyats 1,000 to be paid, on a 9etWJn who commits any of the followmg acts w1th111 a protected area 7 or \.Vithin the zoological garden or botanical garden \Vhich is administered by the Government or towards which the Government has subscribed share capital~ (a) entering a place where tl1e public is pem1itted to visit for recreation, without confonning to the condition stipulated; . (b) trespassing a prohibited place other than a place where the public is permitted to visit for recreation, without pennissioo; (c) grazing or free grazing or permitting domestic animals to trespass; {d) beating or willfully disturbing protected wildlife; (e) plucking or breaking without pcnnission of wild plants and any cultivated plant. 30. A Forest Officer may pass the administrative order Ca\lSing a fine which may extend to Kyats 5,000 to be paid on a person who conm1its any of the foUmving acts within the protected area or zoological garden or botanical garden which is administered fully by the Government or partly by the Government which has subscribed share capital; · (a) entering a totally prohibited area without pem1ission; (b) filming or video recording without pcnnission; (c) digging on the land, cultivating or carrying out any activity; (d) removing, collecting or injuring any cultivated plant in any manner. 31. A Forest Officer may pass an administrative order causing a fine which may extend to Kyats I 0,000 to be paid, on a person who kills, hunts, wounds or raises a seasonally protected wildlife without pennission during the close season; 32. A Forest Officer shall ~ (a) when passing an administrative order, confiscate the produce of a prctected area or of the zoological garden or botanical garden which is administered fully by the Govemrnent or partly by the Government which has subscribed; (b) dispose the confiscated produce in the manner prescribed. ChnpterX Appeal 33. A person dissatisfied with an administrative order passed by a Forest Officer may file an appeal to the · Director General witl1in 30 days froin the date of such order. 34. TI1e decision of the Director General shall be fina.1 and cmclusive. Chapter Xl Offenses and Penalties 35. Whoever conunits any of the following acts shall, on conviction be punished with imprisonment for a tenn which may extend to 3 years or with fine which may extend to kyats l 0,000 or with both; (a) hunting without a license; · (b) violation of any condition of the hunting license; . . (c) farming protected and seasonally protected wildlife species without permission for conunerc1al purposes; . (d) causing water and air pollution, causing damage to a water-course or poisoning water; - {e) possession or disposal of pollutants or mineral wastes in a protected area; 8 (t) establishing and operating a zoological garden or a botanical garden without a license;. 36. Whoever commits any of tlte fol1owi~g acts shall, on conviction be punished with imprisonment for a tcnn which may extend to 5 years or with fine which may extend to kyats 30,000 or with both; (a} kUling, hunting or wounding a protected wildlife species or seasonally protected wildlife species without penuission; poi-:;essing, selling, transporting or transferring such wildlife or any part there of; , (b) removing, collecting or destroying in any manner any protected wild plant within the designated area witl10ut pen11ission; (c) destroying ecosysten1s or any natural setting in the protecred area; (d) altering, removing, destroying or defacing without pennission any boundary mark of a protected area or any boundary mark of a zoological garden or botanical garden fully administered by the Government or partly by the Government which has subscribed shares. . 37, Whoever commits any of the following acts shall, on convictfon be punished with imprisonment for a tem1 which may extend to 7 years or with fine wllich may extend to Kyats 50,000 or with both~ (a) killing, hunting or wounding a completely protected wildlife species without permission; possessing, selling, transporting or transferring such wildlife or any part there of; (b) exporting without the recommendation of the Director General a rompletely protected wildlife or protected wild plant species or any part there of; 38. The provision of section 36 sub-section (a) or section 37 sub~section (a) shall not apply to - (a) the possessing as a souve11i1 01 wearing as a traditional custom of any part of a protected wildlife or a seasonally protected wildlife species; (b} the possessing or wearing with a certificate of registration issued under section 2? sub-section (b) of any part of a oompletely protected wildlife species; {c) the possession, use. sale, trau-spo-n or transfer of a drug prepared from a part of protected wildlife species. 39, Tlte Convicting Court shall, in. respect of any 1egal proceeding instituted under this law award punishment for relevant offense and in addition - (a) may pass order fur the value of the loss and damage to the Forest Department tzaused by the offender to be paid by way of compensation to the Forest Department. . (b) shaU confiscate the wildlife and parts tl1ereof involved in the commission of the .offense and hand ' over the same to the Forest Department. · (c) may pass an order for confiscation of vehicles/ vessels, animals and other mact,inery and implements involved m the commission of the offense. ChapterXIl Miscellaneous 40. Wildlife sanc.tuaries which have been declared under the Wi\dlife Protection Act, 1936 sltall be deemed to be wildlife sanctuaries determined. as a protected area under tlus Law. 4 1 If an exhibit relating to any legal proceeding instituted under thir. Law is not easily produce before tl1e · Court, such exhibit need not be produced before the Court. However, a report or other relevant 9 documentary evidence as to the manner of custody of the same may be submitted. Such submission shall be deemed as if it were a submission of the exhibit before the Court and the relevant Court may dispose of the same in accordance with law. 42. In instituting legal proceedings under this Law prior sanction of the Ministry of Forestry shall be obtained. 43. In a case \vhere admintstrativc action is taken or where a legal proceeding is instituted under this Law, the burden of proving lawful O\,vnership or lawful right of possession in respect of the exhibit seized shall lie on the person against whom action is taken. 44. When a request is made by the Forest Staff/ Wildlife Staff for assistance in the perfonnance of their duties, the People's Police Force shall render necessary assistance. 45. AU money payable to the Forest Depa1i111cut under this Law shall be recovered as if it ,vere an arrears of land revenue. A Forest Officer who has been assigned responsibility by the Ministry of Forestry for this purpose shall exercise the powers of a Collector under the existing laws. 46. Before the issuance of rufos, procedures, notifications, orders and directives under this Law, rules, notifications, orders, directives and circulars issued under the Wildlife Protection Act, 1936 may continue to be applicable in so far as they are not inconsistent. with this Law. 47. For the purpose of carrying out the provisions of this Laww (a} the Ministry of Forestry may issue such rules and procedures as may be necessary, with the approval of the Government; (b) the Ministry of Forestry or the Forest Department may issue such notifications, orders and directives as may be necessary, 48. TI1e Wildlife Protection Act, 1936 is hereby repealed. (Sd) Than Shwe Senior General Chairman TI1e State Law and Order Restoration Council