Section 3

meat, bones, hide, skin, leather, tusk, horn, antler, gland, feathers, hair, teeth, claws, shell, scales, nest and eggs;

tissue, blood, fat, oil, milk, venom, saliva, urine and faeces;

any compound derived from anything mentioned in paragraph (a) or (b); or

any thing which is claimed by any person, or which appears from an accompanying document, the packaging, a label or mark or from any other circumstances, to contain a part or derivative of wildlife;

―immediate danger to human life‖ means a danger in which there is reason to believe that if any wildlife is not captured or killed, it may cause loss of human life;

―export‖ means to take or cause to be taken out of Malaysia by land, sea or air, any wildlife or any part or derivative of wildlife;

―re-export‖ means the export of any wildlife or any part or derivative of any wildlife which has been previously imported;

―hybrid‖ means the result of cross-breeding of—

any wildlife with any other animal; or

Wildlife Conservation 13

any wildlife with other species of wildlife;

―wildlife‖ means any species of wild animal or wild bird,whether totally protected or protected, vertebrate or invertebrate,live or dead, mature or immature and whether or not may be tamed or bred in captivity;

―protected wildlife‖ means any wildlife specified in the First

Schedule;

―totally protected wildlife‖ means any wildlife specified in the

Second Schedule;

―immature wildlife‖ means any wildlife which does not satisfy the standard of maturity specified in the Third Schedule;

―permanent reserved forest‖ has the meaning assigned to it in the

National Forestry Act 1984 [Act 313];

―import‖ means to bring in or cause to be brought into Malaysia by land, sea or air, any wildlife or any part or derivative of any wildlife;

―salt lick‖ includes any mineral spring or ground containing or bearing salt or any other mineral, the consumption of which is conducive to the health or well being of wildlife;

―snare‖ means a snare as specified in the Seventh Schedule;

―wildlife sanctuary‖ means an area declared under Part V as a wildlife sanctuary;

―Director General‖ means the Director General for Wildlife and

National Parks;

―licence‖ means a licence granted under this Act;

―hunting‖ includes pursuing, trapping, capturing, taking or killing any wildlife by any prescribed means, whether or not the wildlife is then or subsequently taken, trapped, captured or killed;

14 Laws of Malaysia

―Minister‖ means the Minister charged with the responsibility for the protection of wildlife;

―open season‖ means a period during which a protected wildlife may be hunted as prescribed under this Act;

―aborigine‖ has the meaning assigned to it in the Aboriginal

Peoples Act 1954 [Act 134];

―officer‖ means an officer appointed under subsection 4(1);

―licensing officer‖—

in relation to a licence, means a Director, a Deputy Director or an Assistant Director; and

in relation to a permit or special permit, means the Director

General;

―enforcement officer‖ means–

any officer;

any police officer not below the rank of Inspector as provided for in the Police Act 1967 [Act 344];

any proper officer of customs as defined in section 2 of the

Customs Act 1967 [Act 235]; and

any public officer authorized under section 90;

―commercial captive breeding‖ means breeding of wildlife in a controlled environment of parents that mated or otherwise transmitted their gametes in a controlled environment for commercial purposes;

―licensed hunter‖ means a person who is granted a licence to hunt any protected wildlife under this Act;

―birds’ nest collector‖ means a person who is granted a licence to collect birds’ nest under this Act;

Wildlife Conservation 15

―conveyance‖ means any vehicle, vessel, ship, aircraft and any other mode of transport whether by air, sea or land;

―Director‖ means the Director for Wildlife and National Parks;

―licensed dealer‖ means a person who is granted a licence to carry on the business of dealing under this Act;

―Assistant Director‖ means an Assistant Director for Wildlife and

National Parks;

―permit‖ means a permit granted under this Act;

―special permit‖ means a special permit granted under this Act;

―taxidermy business‖ means a business involving the carrying out of the following activities:

preparing, preserving, stuffing or mounting any wildlife or any part or derivative of any wildlife; or

manufacturing or creating an article or thing from any wildlife or any part or derivative of any wildlife;

―controlled environment‖ includes an environment that is manipulated for the purpose of producing specimen of a particular species of wildlife that has boundaries designed to prevent the wildlife, eggs or gametes of the wildlife from entering or leaving that particular environment, and the general characteristics of which may include but are not limited to artificial housing, waste removal, health care, protection from predators, and artificially supplied food;

―premises‖ includes any house, building, hut, shed, structure, platform and land whether or not enclosed or built upon;

―poison‖ means any of the substances which are poisonous to any wildlife as specified in the Fourth Schedule or any other substances which are certified by a Government chemist to be poisonous to any wildlife;

16 Laws of Malaysia

―Ranger‖ means a Ranger for Wildlife and National Parks;

―wildlife reserve‖ means an area declared under Part V as a wildlife reserve;

―nest‖ means any abode, den or any other structure which is being constructed or is being used by any wildlife for—

procreation;

the laying of eggs;

the incubation of eggs;

the protection of eggs or immature offspring; or

the nurture of immature offspring;

―arms‖ has the meaning assigned to it in the Arms Act 1960

[Act 206];

―controlled species‖ means any species specified in the Fifth

Schedule which poses a risk to the health or safety of any person or poses a risk to property, wildlife or wildlife habitat;

―State land‖ means a State land within the meaning of the National

Land Code [Act 56/1965];

―Deputy Director General‖ means a Deputy Director General for

Wildlife and National Parks;

―Deputy Director‖ means a Deputy Director for Wildlife and

National Parks;

―bait‖ includes any sound equipment or audio-visual device, lamp, salt or sulphur used for the purpose of trapping any wildlife;

―poisoned bait‖ means any bait attractive to any wildlife which is coated with, immersed in, powdered with or otherwise impregnated with, poison;

Wildlife Conservation 17

―business of dealing‖ means a business involving the carrying out of the following activities:

selling any protected wildlife or any part or derivative of any protected wildlife as food or for medicinal purposes;

selling or purchasing for resale any part or derivative of any protected wildlife; or

housing, confining or breeding any wildlife for sale.