/akn/my/act/amendment_act/2022/A1646
The full official text, structured for quick navigation. Copy any provision or jump straight to a section.
Quick answer
WILDLIFE CONSERVATION (AMENDMENT) ACT 2022 is Malaysia Amendment Act, cited as Amendment Act A1646 2022, currently marked in force and first recorded in 2022.
Opening note
This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette and the Minister may appoint different dates for the coming into operation of different provisions of this Act.
Amendment of section 3
The Wildlife Conservation Act 2010 [Act 716], which is referred to as the “principal Act” in this Act, is amended in section 3—
by substituting for the definition of “export” the following definition:
‘ “export” means to take or cause to be taken out of Peninsular Malaysia or the Federal Territory of
Labuan, by land, sea or air, any wildlife or any part or derivative of any wildlife;’;
in the definition of “wildlife”, by substituting for the words
“or protected” the words “, protected or controlled”;
by inserting after the definition of “wildlife” the following definition:
‘ “controlled wildlife” means any wildlife specified in the Fifth Schedule;’;
by substituting for the definition of “import” the following definition:
‘ “import” means to bring or cause to be brought into Peninsular Malaysia or the Federal Territory of
Labuan, by land, sea or air, any wildlife or any part or derivative of any wildlife;’;
by inserting after the definition of “aborigine” the following definition:
‘ “wildlife exhibition” means an activity of temporarily displaying wildlife and open to the public;’;
by inserting after the definition of “enforcement officer”
the following definition:
‘ “captive breeder” means a person who is granted a permit to operate a commercial captive breeding under this Act;’;
by substituting for the definition of “commercial captive breeding” the following definition:
‘ “commercial captive breeding” means a process of wildlife breeding in captivity through parents that mated, or through any reproduction methods, in a controlled environment for commercial purposes;’;
Wildlife Conservation (Amendment)
by substituting for the definition of “business of dealing”
the following definition:
‘ “business of dealing” means a business involving the carrying out of the following activities:
selling or purchasing for resale any protected wildlife or totally protected wildlife, or any part or derivative of any protected wildlife, totally protected wildlife or controlled wildlife, as food or for medicinal purposes;
selling or purchasing for resale any part or derivative of any protected wildlife, totally protected wildlife or controlled wildlife;
selling or purchasing for resale any protected wildlife or totally protected wildlife as pets; or
selling or purchasing for resale any offspring of any protected wildlife or totally protected wildlife from commercial captive breeding including any part or derivative of such offspring.’.
Amendment of section 9
Section 9 of the principal Act is amended—
in paragraph (b), by inserting after the words
“protected wildlife” the words “or controlled wildlife”;
by substituting for paragraph (d) the following paragraph:
“(d) carry out the business of dealing involving any protected wildlife or any part or derivative of any protected wildlife”;
in paragraph (f), by substituting for the words
“derivative of any protected wildlife,” the words
“derivative of any protected wildlife or controlled wildlife;”; and
by inserting after paragraph (f) the following paragraph:
“(g) carry out the business of dealing involving any part or derivative of any controlled wildlife,”; and
in subsection (3), by deleting the words “or taxidermy business”.
Amendment of section 10
Section 10 of the principal Act is amended—
by substituting for the comma at the end of the paragraph a semi colon; and
by inserting after paragraph (d) the following paragraphs:
“(e) carry out research or study in a wildlife reserve or wildlife sanctuary;
use any wildlife in the performance of any religious, customs or cultural activities,”; and
by substituting for subsection (2) the following subsection:
“(2) Where any activity under paragraph (1)(a), (b),
or (f) involves any protected wildlife or totally protected wildlife, the person shall obtain a licence to keep the protected wildlife pursuant to section 9 or a special permit to keep the totally protected wildlife pursuant to section 11, as the case may be.”.
Amendment of section 11
Section 11 of the principal Act is amended—
by deleting paragraph (d);
by inserting after paragraph (e) as deleted the following paragraph:
“(f) carry out the business of dealing involving any totally protected wildlife or any part or derivative of any totally protected wildlife,”; and
by inserting after subsection (1) as renumbered the following subsection:
“(2) For the purposes of paragraph (1)(f), a separate special permit is required for each activity of dealing.”.
Amendment of section 17
Section 17 of the principal Act is amended—
by substituting for paragraph (a) the following paragraph:
“(a) carry the licence, permit or special permit while hunting any wildlife, taking any part or derivative of any wildlife, carrying out research or study in a wildlife reserve or wildlife sanctuary, carrying out wildlife competition, carrying out wildlife control services or using any wildlife in the performance of any religious, customs or cultural activities; or”; and
by substituting for paragraph (b) the following paragraph:
“(b) display the licence, permit or special permit at a conspicuous place at his premises, if he is a licensed dealer, captive breeder or a holder of a permit to operate a zoo, wildlife exhibition, wildlife rehabilitation facility, wildlife training facility or wildlife boarding facility; or”; and
by substituting for the words “ten thousand ringgit”
the words “fifty thousand ringgit”; and
by substituting for the words “six months”
the words “three years”.
Wildlife Conservation (Amendment)
9
Amendment of section 21
Subsection 21(2) of the principal Act is amended—
by substituting for the words “ten thousand ringgit”
the words “fifty thousand ringgit”; and
by substituting for the words “six months” the words
“three years”.
Amendment of section 22
Subsection 22(2) of the principal Act is amended—
by substituting for the words “ten thousand ringgit”
the words “fifty thousand ringgit”; and
by substituting for the words “six months” the words
“three years”.
New section 25a
The principal Act is amended by inserting after section 25
the following section:
knowingly use any licence, permit or special permit which has been so altered, forged, mutilated or defaced.
Any person who contravenes subsection (1) commits an offence and shall, on conviction—
where such person is an individual, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding seven years or to both; or
where such person is a body corporate, be liable to a fine not exceeding two hundred thousand ringgit.”.
Amendment of section 28
“Altering, etc., licence, permit or special permit 25a. (1) No person shall—
Section 28 of the principal Act is amended by substituting for the words “or wildlife exhibition” wherever appearing the words “, wildlife exhibition, wildlife rehabilitation facility, wildlife training facility or wildlife boarding facility”.
Substitution of section 29
The principal Act is amended by substituting for section 29
the following section:
Quoted provision
Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine of not less than fifty thousand ringgit and not more than one hundred thousand ringgit and to imprisonment for a term not exceeding ten years.”.
Deletion of section 30
“Prohibition of possessing, etc., snares
The principal Act is amended by deleting section 30.
Wildlife Conservation (Amendment)
11
Amendment of section 34
Section 34 of the principal Act is amended by substituting for the words “or wildlife exhibition” the words “, wildlife exhibition, wildlife rehabilitation facility, wildlife training facility, wildlife boarding facility or a holder of a permit to carry out wildlife control services”.
Amendment of section 36
in the shoulder note, by inserting after the words
“Licensed hunter” the words “or holder of special permit to hunt”;
in subsection (1), by inserting after the words “a holder of a special permit” the words “to hunt”; and
by inserting after the words “licensed hunter”
the words “or holder of a special permit to hunt”;
by substituting for the words “ten thousand ringgit”
the words “fifty thousand ringgit”; and
by substituting for the words “six months” the words
“three years”.
Amendment of section 37
Section 37 of the principal Act is amended—
in the shoulder note, by inserting after the words
“Licensed dealer” the words “, etc.,”;
by inserting after the words “licensed dealer”
the words “, holder of a special permit to carry out the business of dealing or captive breeder”;
in paragraph (e), by substituting for the full stop at the end of the paragraph the words “; and”; and
by inserting after paragraph (e) the following paragraph:
“(f) the record of birth, mortality and loss of commercial captive bred wildlife.”; and
by inserting after the words “licensed dealer”
the words “, holder of a special permit to carry out the business of dealing or captive breeder”;
by substituting for the words “ten thousand ringgit”
the words “fifty thousand ringgit”; and
by substituting for the words “six months” the words
“three years”.
Deletion of sections 38 and 39
The principal Act is amended by deleting sections 38 and 39.
Amendment of section 40
by substituting for the shoulder note the following shoulder note:
“Sale of wildlife by licensed hunter or holder of special permit to hunt”;
by inserting after the words “licensed hunter”
the words “or holder of a special permit to hunt”;
Wildlife Conservation (Amendment)
by substituting for the words “protected wildlife”
the words “any wildlife”; and
by substituting for the words “or licensed taxidermist”
the words “, holder of a special permit to carry out the business of dealing, captive breeder or holder of a permit to operate a zoo”; and
by inserting after the words “licensed hunter”
the words “or holder of a special permit to hunt”;
by substituting for the words “twenty thousand ringgit” the words “fifty thousand ringgit”; and
by substituting for the words “one year” the words
“three years”.
Amendment of section 41
Section 41 of the principal Act is amended—
by substituting for the words “twenty thousand ringgit” the words “fifty thousand ringgit”; and
by substituting for the words “one year” the words
“three years”.
Amendment of section 42
Section 42 of the principal Act is amended—
by substituting for the shoulder note the following shoulder note:
“Purchase of wildlife by licensed dealer or captive breeder”;
by substituting for subsection (1) the following subsection:
“(1) A licensed dealer or captive breeder shall purchase or acquire any protected wildlife, or any part or derivative of any protected wildlife or controlled wildlife, only from—
a licensed hunter, holder of a special permit to hunt, licensed dealer or captive breeder; or
the Director General, the Director or any officer authorized by the Director General, where it is sold by the Director General, the Director or the officer authorized by the Director General pursuant to this Act.”;
by inserting after subsection (1) the following subsection:
“(1a) A holder of a special permit to carry out the business of dealing or captive breeder shall purchase or acquire any totally protected wildlife or any part or derivative of any totally protected wildlife only from—
a holder of a special permit to hunt, holder of a special permit to carry out the business of dealing or captive breeder; or
the Director General, the Director or any officer authorized by the Director General, where it is sold by the Director General, the Director or the officer authorized by the Director General pursuant to this Act.”;
by substituting for the words “licensed taxidermist”
the words “captive breeder”;
by substituting for the words “twenty thousand ringgit” the words “fifty thousand ringgit”; and
by substituting for the words “one year” the words
“three years”; and
Wildlife Conservation (Amendment)
by inserting after subsection (2) the following subsection:
“(3) Any holder of a special permit to carry out the business of dealing or captive breeder who contravenes subsection (1a) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.”.
Amendment of section 43
Section 43 of the principal Act is amended—
in the shoulder note, by inserting after the words
“licensed dealer” the words “or holder of special permit to carry out business of dealing”;
by inserting after subsection (1) the following subsection:
“(1a) A holder of a special permit to carry out the business of dealing may sell any totally protected wildlife during open season until the first thirty days of the close season and shall not henceforth sell any totally protected wildlife unless an open season is subsequently declared for the totally protected wildlife.”;
by substituting for the words “twenty thousand ringgit” the words “fifty thousand ringgit”; and
by inserting after subsection (2) the following subsections:
“(3) Any holder of a special permit to carry out the business of dealing who contravenes subsection (1a) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.
This section shall not apply to the sale of any offspring of any wildlife from a commercial captive breeding or any part or derivative of any offspring of any wildlife from a commercial captive breeding.”.
Amendment of section 44
Section 44 of the principal Act is amended—
in subsection (1), by substituting for the words “licensed taxidermist” the words “holder of a special permit to carry out the business of dealing, captive breeder”; and
by substituting for the words “licensed taxidermist”
the words “holder of a special permit to carry out the business of dealing, captive breeder”;
by substituting for the words “ten thousand ringgit”
the words “fifty thousand ringgit”; and
by substituting for the words “six months” the words
“three years”.
Amendment of section 45
Section 45 of the principal Act is amended—
by inserting after the words “re-export”
the words “any wildlife or part or derivative of any wildlife”;
by inserting after the words “such wildlife”
the words “or part or derivative of the wildlife, with a different tagging number”; and
Wildlife Conservation (Amendment)
by inserting after the word “wildlife”
the words “or part or derivative of the wildlife”;
by inserting after subsection (2) the following subsection:
“(2a) The holder of a licence, permit or special permit shall not alter or replace the tag or label without prior consent of the licensing officer.”; and
by substituting for the words “twenty thousand ringgit” the words “fifty thousand ringgit”; and
by substituting for the words “one year” the words
“three years”.
Amendment of section 46
Subsection 46(2) of the principal Act is amended—
by substituting for the words “twenty thousand ringgit”
the words “fifty thousand ringgit”; and
by substituting for the words “one year” the words
“three years”.
Amendment of section 48
Section 48 of the principal Act is amended by inserting after subsection (2) the following subsection:
“(2a) A written application under subsection (2) shall be made in such manner as determined by the Director General and shall be accompanied by prescribed fees.”.
Substitution of section 49
The principal Act is amended by substituting for section 49
the following section:
Quoted provision
take, disturb, damage or destroy the nest or egg of any wildlife, animal or bird; or
Notwithstanding subsection (1), a holder of a permit to carry out research or study in any wildlife reserve or wildlife sanctuary or any person who has been granted a written permission under section 48 to enter a wildlife reserve or a wildlife sanctuary for the purposes of science may, with prior approval of the Director General, hunt any wildlife, animal or bird, or take or disturb the nest or egg of any wildlife, animal or bird, or take any other form of samples, in a wildlife reserve or wildlife sanctuary for the purposes of research, study or science.
Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one million ringgit or to imprisonment for a term not exceeding ten years or to both.”.
Amendment of section 50
“Prohibition of certain acts in wildlife reserves and wildlife sanctuaries
by inserting after the words “export,” the words
“re-export, carry out research on,”; and
by inserting after the word “wildlife” the words “or any part or derivative of any wildlife”.
Wildlife Conservation (Amendment)
19
Amendment of section 51
Subsection 51(3) of the principal Act is amended—
by substituting for the words “ten thousand ringgit”
the words “fifty thousand ringgit”; and
by substituting for the words “six months” the words
“three years”.
Amendment of section 53
Subsection 53(5) of the principal Act is amended—
by substituting for the words “ten thousand ringgit”
the words “fifty thousand ringgit”; and
by substituting for the words “six months” the words
“three years”.
Amendment of section 54
Subsection 54(4) of the principal Act is amended—
by substituting for the words “ten thousand ringgit”
the words “fifty thousand ringgit”; and
by substituting for the words “six months” the words
“three years”.
Amendment of section 55
Subsection 55(4) of the principal Act is amended—
by substituting for the words “ten thousand ringgit”
the words “fifty thousand ringgit”; and
by substituting for the words “six months” the words
“three years”.
Amendment of section 60
Section 60 of the principal Act is amended—
in subsection (1), by substituting for the words “two years”
the words “three years”; and
by substituting for subsection (2) the following subsection:
“(2) Any person who commits an offence under subsection (1) and which offence involves any protected wildlife from the same species specified in the Eighth
Schedule, exceeding five heads, shall, on conviction, be punished with a fine of not less than fifty thousand ringgit or with imprisonment for a term not exceeding three years or with both.”.
New section 60a
The principal Act is amended by inserting after section 60
the following section:
“Taking or keeping part or derivative of controlled wildlife without licence 60a. Any person who takes or keeps any part or derivative of any controlled wildlife without a licence commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.”.
Amendment of section 61
by substituting for the words “not exceeding one hundred thousand ringgit” the words “of not less than twenty thousand ringgit”; and
by substituting for the words “five years” the words
“seven years”.
Wildlife Conservation (Amendment)
21
Amendment of section 62
Section 62 of the principal Act is amended—
by substituting for the words “not exceeding one hundred thousand ringgit” the words “of not less than twenty thousand ringgit”; and
by substituting for the words “five years” the words
“seven years”.
Substitution of section 63
The principal Act is amended by substituting for section 63
the following section:
Quoted provision
Any person who carries out the business of dealing involving any protected wildlife, or any part or derivative of any protected wildlife or controlled wildlife, without a licence commits an offence and shall, on conviction—
where such person is an individual, be liable to a fine of not less than thirty thousand ringgit and not more than one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both; or
where such person is a body corporate, be liable to a fine of not less than fifty thousand ringgit and not more than one hundred thousand ringgit.”.
Amendment of section 64
“Carrying out business of dealing without licence
by substituting for the words “a fine of not less than twenty thousand ringgit and not more than fifty thousand ringgit” the words “a fine not exceeding fifty thousand ringgit”; and
by substituting for the words “two years” the words
“three years”.
Amendment of section 65
Section 65 of the principal Act is amended—
in the shoulder note, by inserting after the words
“protected wildlife” the words “or controlled wildlife”;
by inserting after the words “any part or derivative of a protected wildlife” the words “or controlled wildlife”;
by substituting for the words “a fine of not less than twenty thousand ringgit and not more than fifty thousand ringgit” the words “a fine of not less than fifty thousand ringgit”; and
by substituting for the words “one year” the words
“fifteen years”.
Substitution of section 66
The principal Act is amended by substituting for section 66
the following section:
Quoted provision
Any person who operates—
a zoo without a permit commits an offence and shall, on conviction, be liable to a fine of not less than fifty thousand ringgit and not more than one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both;
a wildlife exhibition, commercial captive breeding or wildlife rehabilitation facility without a permit commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both; or
Wildlife Conservation (Amendment)
a wildlife training facility or wildlife boarding facility without a permit commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.”.
Amendment of section 67
“Operating zoo, etc., without permit
by substituting for the words “two years” the words
“three years”.
Amendment of section 68
Section 68 of the principal Act is amended—
in subsection (1), by substituting for the words
“not exceeding one hundred thousand ringgit” the words
“of not less than fifty thousand ringgit and not more than five hundred thousand ringgit”; and
by substituting for paragraph (a) the following paragraph:
“(a) any totally protected wildlife specified in the Ninth Schedule or any part or derivative of such wildlife, shall, on conviction, be punished with a fine of not less than thirty thousand ringgit for each wildlife or part or derivative of such wildlife and to imprisonment for a term not exceeding fifteen years;”;
by substituting for paragraph (c) the following paragraph:
“(c) any totally protected wildlife specified in the
Tenth Schedule or any part or derivative of such wildlife shall, on conviction, be punished with a fine of not less than one hundred and fifty thousand ringgit for each wildlife or part or derivative of such wildlife and to imprisonment for a term not exceeding fifteen years.”.
Amendment of section 69
Section 69 of the principal Act is amended—
by substituting for the words “not exceeding two hundred thousand ringgit” the words “of not less than twenty thousand ringgit for each immature totally protected wildlife”; and
by substituting for the words “one hundred and fifty thousand ringgit and not more than five hundred thousand ringgit” the words “two hundred thousand ringgit for each wildlife”; and
by substituting for the words “five years” the words
“fifteen years”.
Amendment of section 70
Section 70 of the principal Act is amended—
in subsection (1), by substituting for the words
“not exceeding three hundred thousand ringgit”
the words “of twenty thousand ringgit for each female of a totally protected wildlife but such fine shall not exceed in the aggregate of five hundred thousand ringgit”; and
Wildlife Conservation (Amendment)
by substituting for the words “two hundred thousand ringgit and not more than five hundred thousand ringgit” the words “two hundred and fifty thousand ringgit for each wildlife”; and
by substituting for the words “five years” the words
“fifteen years”.
Amendment of section 71
Section 71 of the principal Act is amended—
by substituting for the words “a fine of not less than thirty thousand ringgit and not more than one hundred thousand ringgit” the words “a fine of twenty thousand ringgit for each totally protected wildlife or part or derivative of totally protected wildlife but such fine shall not exceed in the aggregate of one million ringgit”; and
by substituting for the words “three years” the words
“fifteen years”.
Deletion of sections 72 and 73
The principal Act is amended by deleting sections 72 and 73.
New section 73a
The principal Act is amended by inserting after section 73
the following section:
“Carrying out business of dealing without special permit 73a. Any person who carries out the business of dealing involving any totally protected wildlife or any part or derivative of any totally protected wildlife without a special permit commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.”.
Amendment of section 74
by substituting for the words “twenty thousand ringgit”
the words “fifty thousand ringgit”; and
by substituting for the words “one year” the words
“three years”.
Amendment of section 75
Section 75 of the principal Act is amended by substituting for the words “two years” the words “three years”.
Deletion of section 76
The principal Act is amended by deleting section 76.
Amendment of section 77
by substituting for the words “thirty thousand ringgit”
the words “fifty thousand ringgit”; and
by substituting for the words “one year” the words
“three years”.
Amendment of section 78
Section 78 of the principal Act is amended—
by substituting for the words “twenty thousand ringgit”
the words “one hundred thousand ringgit”; and
by substituting for the words “one year” the words
“three years”.
Wildlife Conservation (Amendment)
27
Amendment of section 79
Subsection 79(1) of the principal Act is amended—
by substituting for the words “not exceeding fifty thousand ringgit” the words “of not less than twenty thousand ringgit and not more than one hundred thousand ringgit”; and
by substituting for the words “two years” the words
“three years”.
Amendment of section 80
Section 80 of the principal Act is amended—
by substituting for the words “twenty thousand ringgit”
the words “fifty thousand ringgit”; and
by substituting for the words “one year” the words
“three years”.
Amendment of section 81
Section 81 of the principal Act is amended—
by substituting for the words “not exceeding fifty thousand ringgit” the words “of not less than twenty thousand ringgit and not more than one hundred thousand ringgit”; and
by substituting for the words “two years” the words
“three years”.
Amendment of section 82
Section 82 of the principal Act is amended—
by substituting for the words “thirty thousand ringgit”
the words “fifty thousand ringgit”; and
by substituting for the words “one year” the words
“three years”.
Amendment of section 83
Section 83 of the principal Act is amended—
by substituting for the words “twenty thousand ringgit”
the words “fifty thousand ringgit”; and
by substituting for the words “one year” the words
“three years”.
Amendment of section 84
Section 84 of the principal Act is amended—
by substituting for the words “twenty thousand ringgit”
the words “fifty thousand ringgit”; and
by substituting for the words “one year” the words
“three years”.
Amendment of section 85
Subsection 85(1) of the principal Act is amended—
by substituting for the words “not exceeding fifty thousand ringgit” the words “of not less than twenty thousand ringgit and not more than one hundred thousand ringgit”;
and
by substituting for the words “two years” the words
“three years”.
Amendment of section 86
Subsection 86(1) of the principal Act is amended—
by substituting for the words “five thousand ringgit”
the words “fifty thousand ringgit”;
Wildlife Conservation (Amendment)
by substituting for the words “fifty thousand ringgit”
the words “one hundred thousand ringgit”; and
by substituting for the words “one year” the words
“three years”.
Substitution of section 87
The principal Act is amended by substituting for section 87
the following section:
Quoted provision
Any person who sells or promotes for sale any thing which is claimed to contain any part or derivative of any wildlife which in fact has no such part or derivative commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.”.
Amendment of section 88
“Things containing part or derivative of wildlife
by substituting for the words “thirty thousand ringgit”
the words “fifty thousand ringgit”; and
by substituting for the words “one year” the words
“three years”.
New sections 88a and 88b
The principal Act is amended by inserting after section 88
the following sections:
“Organizing wildlife show 88a. (1) No person shall organize a wildlife show unless he is a holder of a permit to operate a zoo.
Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.
For the purposes of this section, “wildlife show” means an activity based on the natural behaviour of wildlife which involves performance of wildlife at a special site or stage within the zoo premises and conducted by a wildlife trainer.
Promotion of wildlife 88b. (1) No person shall promote any wildlife or any part or derivative of any wildlife for a business of dealing unless he is a licensed dealer or a holder of a special permit to carry out the business of dealing.
Any person who contravenes subsection (1) commits an offence and shall, on conviction—
where such person is an individual, be liable to a fine of not less than fifty thousand ringgit and not more than one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both; or
where such person is a body corporate, be liable to a fine of not less than eighty thousand ringgit and not more than one hundred and fifty thousand ringgit.”.
Amendment of section 101
Subsection 101(4) of the principal Act is amended—
by substituting for the words “thirty thousand ringgit”
the words “fifty thousand ringgit”; and
by substituting for the words “one year” the words
“three years”.
Wildlife Conservation (Amendment)
31
Amendment of section 114
Section 114 of the principal Act is amended—
by substituting for the words “thirty thousand ringgit”
the words “fifty thousand ringgit”; and
by substituting for the words “one year” the words
“three years”.
Amendment of section 115
Subsection 115(2) of the principal Act is amended—
by substituting for the words “thirty thousand ringgit”
the words “fifty thousand ringgit”; and
by substituting for the words “one year” the words
“three years”.
Amendment of section 117
Section 117 of the principal Act is amended—
in the shoulder note, by substituting for the word “species”
the word “wildlife”;
by substituting for the words “or export” the words
“, export or re-export”;
by inserting after the words “Fifth Schedule”
the words “except any part or derivative of any controlled wildlife”; and
by substituting for the words “thirty thousand ringgit” the words “fifty thousand ringgit”; and
by substituting for the words “one year” the words
“three years”.
Deletion of section 118
The principal Act is amended by deleting section 118.
Amendment of section 119
by substituting for the words “not exceeding fifty thousand ringgit” the words “of not less than twenty thousand ringgit and not more than one hundred thousand ringgit”;
and
by substituting for the words “two years” the words
“three years”.
Amendment of section 120
Section 120 of the principal Act is amended—
by substituting for subsection (1) the following subsection:
“(1) Any person, other than a licensed dealer, holder of a special permit to carry out a business of dealing, captive breeder or holder of a permit to operate a zoo shall purchase or acquire any wildlife or any part or derivative of any wildlife only from—
a licensed dealer, holder of a special permit to carry out business of dealing or captive breeder; or
Wildlife Conservation (Amendment)
the Director General, a Director or any officer authorized by the Director General, where it is sold by the Director General, the Director or the officer authorized by the Director
General pursuant to this Act.”; and
by substituting for the words “twenty thousand ringgit” the words “fifty thousand ringgit”; and
by substituting for the words “one year” the words
“three years”.
Amendment of section 122
Section 122 of the principal Act is amended—
in the national language text, by substituting for the word
“haiwan” wherever appearing the word “hidupan”; and
in subsection (4), by substituting for the words “elephant
(Elephas maximus), gaur (Bos gaurus), bear (Helarctos malayanus), tiger (Panthera tigris), leopard (Panthera pardus), panther, wild pig (sus scrofa)” the words
“wildlife as specified in the Eleventh Schedule”.
New section 123a
The principal Act is amended by inserting after section 123
the following section:
“False information 123a. Any person who makes, orally or in writing, signs or furnishes any document or information required under this Act which is untrue, inaccurate or misleading in any particular commits an offence and shall, on conviction, be liable—
where such person is an individual, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding seven years or to both; or
where such person is a body corporate, to a fine not exceeding two hundred thousand ringgit.”.
Substitution of section 124
The principal Act is amended by substituting for section 124
the following section:
Quoted provision
Where any person who commits an offence under this Act or any of its subsidiary legislation is a company, limited liability partnership, firm, society or other body of persons, a person who at the time of the commission of the offence was a director, compliance officer, partner, manager, secretary or other similar officer of the company, limited liability partnership, firm, society or other body of persons or was purporting to act in any such capacity or was in any manner or to any extent responsible for the management of any of the affairs of the company, limited liability partnership, firm, society or other body of persons or was assisting in its management—
may be charged severally or jointly in the same proceedings with the company, limited liability partnership, firm, society or other body of persons;
and
if the company, limited liability partnership, firm, society or other body of persons is found guilty of the offence, shall be deemed to be guilty of that offence and shall be liable to the same punishment or penalty as an individual unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves—
that the offence was committed without his knowledge; and
that the offence was committed without his consent or connivance and that he had taken all reasonable precautions and exercised due diligence to prevent the commission of the offence.”.
Wildlife Conservation (Amendment)
35
Amendment of section 125
“Liability of director, etc., of company, etc.
by substituting for the words “ten thousand ringgit”
the words “fifty thousand ringgit”; and
by substituting for the words “one year” the words
“three years”.
Amendment of section 132
Subsection 132(2) of the principal Act is amended—
in paragraph (e), by substituting for the words “or wildlife exhibitions” the words “, wildlife exhibitions, wildlife rehabilitation facility, wildlife training facility or wildlife boarding facility”;
in paragraph (h), by substituting for the full stop at the end of the paragraph a semicolon; and
by inserting after paragraph (h) the following paragraphs:
“(i) regulating wildlife competitions and wildlife control services; and
regulating the use of any wildlife in the performance of any religious, customs or cultural activities.”.
New Schedules
The principal Act is amended by inserting after the Seventh
Schedule the following schedules:
“Eighth Schedule
[Subsection 60(2)]
PROTECTED WILDLIFE FOR THE PURPOSES OF
SUBSECTION 60(2)
Quoted provision
Species included in this Schedule are referred to—
as being all of the species included in a higher taxon or designated part thereof.
Quoted provision
The abbreviation “spp.” is used to denote all species of a higher taxon.
Quoted provision
Other references to taxa higher than species are for the purposes of information or classification only. The common names included after the scientific names of families are for reference only. They are intended to indicate the species within the family concerned that are included in this Schedule.
In most cases this is not all of the species within the family.
Quoted provision
Where there is conflict between a scientific name and a local name and a common name in the use of the name of any species in this Schedule, the scientific name shall prevail.
Scientific Name
Local Name
Common Name
CLASS AVES
Copsychus malabaricus
Murai Batu
White-rumped Shama
Gracula religiosa
Tiong Mas
Hill Myna
Zosterops palpebrosus
Kelicap Kunyit
Oriental White Eye
Ninth Schedule
[Paragraph 68(2)(a)]
TOTALLY PROTECTED WILDLIFE FOR THE PURPOSES OF
PARAGRAPH 68(2)(a)
Interpretation of the Ninth Schedule
Quoted provision
Species included in this Schedule are referred to—
as being all of the species included in a higher taxon or designated part thereof.
Quoted provision
The abbreviation “spp.” is used to denote all species of a higher taxon.
Quoted provision
Other references to taxa higher than species are for the purposes of information or classification only. The common names included after the scientific names of families are for reference only. They are intended to indicate the species within the family concerned that are included in this Schedule.
In most cases this is not all of the species within the family.
Quoted provision
Wildlife Conservation (Amendment)
Where there is conflict between a scientific name and a local name and a common name in the use of the name of any species in this Schedule, the scientific name shall prevail.
Scientific Name
Local Name
Common Name
CLASS REPTILIA
Varanus rudicollis
Biawak Serunai
Harlequin Monitor
Varanus dumerilii
Biawak Kudung
Dumeril’s Monitor
Varanus nebulosus
Biawak Puru
Clouded Monitor
Python brongersmai
Ular Sawa Darah
Blood Python
Tomistoma schlegelii
Buaya Julung-Julung
False Gharial
Geoclemys hamiltonii
Kura-kura Kolam
Hitam
Black Pond Turtle
Indotestudo elongata
Baning Lonjong
Elongated Tortoise
Manouria impressa
Baning Bukit
Impressed Tortoise
CLASS AVES
Aceros subruficollis
Enggang Belantara
Plain-pouched Hornbill
Argusianus argus
Kuang Raya
Great Argus
Buceros bicornis
Enggang Papan
Great Hornbill
Buceros rhinoceros
Enggang Badak
Rhinoceros Hornbill
Pavo muticus
Merak Hijau
Green Peafowl
Polyplectron inopinatum Kuang Cermin
Mountain Peacock
Pheasant
Pycnonotus zeylanicus
Barau-Barau
Straw-headed Bulbul
Rheinardia ocellata
Kuang Raya Gunung
Crested Argus
Rhynoplax vigil
Enggang Tebang
Mentua
Helmeted Hornbill
Tenth Schedule
[Paragraph 68(2)(c)]
TOTALLY PROTECTED WILDLIFE FOR THE PURPOSES OF
PARAGRAPH 68(2)(c)
Interpretation of the Tenth Schedule
Quoted provision
Species included in this Schedule are referred to—
as being all of the species included in a higher taxon or designated part thereof.
Quoted provision
The abbreviation “spp.” is used to denote all species of a higher taxon.
Quoted provision
Other references to taxa higher than species are for the purposes of information or classification only. The common names included after the scientific names of families are for reference only. They are intended to indicate the species within the family concerned that are included in this Schedule.
In most cases this is not all of the species within the family.
Quoted provision
Where there is conflict between a scientific name and a local name and a common name in the use of the name of any species in this Schedule, the scientific name shall prevail.
Scientific Name
Local Name
Common Name
CLASS MAMMALIA
Arctictis binturong
Binturong
Binturong
Bos gaurus
Seladang
Gaur
Capricornis sumatraensis
Kambing Gurun
Serow
Catopuma temminckii
Kucing Tulap
Asian Golden Cat
Dicerorhinus sumatrensis
Badak Sumatera
Sumatran Rhinoceros
Helarctos malayanus
Beruang Matahari
Malayan Sun Bear
Manis javanica
Tenggiling
Pangolin
Neofelis nebulosa
Harimau Dahan
Clouded Leopard
Panthera pardus
Harimau Kumbang
Leopard
Panthera tigris
Harimau Belang
Tiger
Pardofelis marmorata
Kucing Dahan
Marbled Cat
Wildlife Conservation (Amendment)
39
Scientific Name
Local Name
Common Name
Prionailurus planiceps
Kucing Hutan
Flat-headed Cat
Prionodon linsang
Linsang
Banded Linsang
Prionodon pardicolor
Linsang Berbintik
Spotted Linsang
Pongo abelii
Orang Utan Sumatra
Sumatran Orang Utan
Pongo pygmaeus
Orang Utan Borneo
Bornean Orang Utan
Rhinoceros sondaicus
Badak Raya
Javan Rhinoceros
Eleventh Schedule
[Subsection 122(4)]
DANGEROUS WILDLIFE
Interpretation of the Eleventh Schedule
Quoted provision
Species included in this Schedule are referred to—
as being all of the species included in a higher taxon or designated part thereof.
Quoted provision
The abbreviation “spp.” is used to denote all species of a higher taxon.
Quoted provision
Other references to taxa higher than species are for the purposes of information or classification only. The common names included after the scientific names of families are for reference only. They are intended to indicate the species within the family concerned that are included in this Schedule.
In most cases this is not all of the species within the family.
Quoted provision
Where there is conflict between a scientific name and a local name and a common name in the use of the name of any species in this Schedule, the scientific name shall prevail.
Scientific Name
Local Name
Common Name
CLASS MAMMALIA
Sus scrofa
Babi Hutan
Wild Pig
Macaca nemestrina
Beruk
Pig-tailed Macaque
Macaca fascicularis
Kera
Long-tailed Macaque
CLASS REPTILIA
Ophiophagus hannah
Ular Tedung Selar
King Cobra
”.
Savings and transitional
Interpretation of the Eighth Schedule
Pending the determination of an application under subsection (1), the person may continue to carry out or undertake the activity.
An application to enter a wildlife reserve or wildlife sanctuary made before the date of coming into operation of this
Act shall be dealt with under the principal Act as if the principal
Act had not been amended by this Act.
Any person who holds a licence to carry on the taxidermy business before the date of coming into operation of this Act, shall, on the date of the coming into operation of this Act, be deemed to be a licensed dealer and may continue to carry out the business until the expiry of the licence.
Any person who holds a special permit to carry out research on any totally protected wildlife before the date of coming into operation of this Act, shall, on the date of the coming into operation of this Act, be deemed to be a holder of a permit to carry out research or study on any wildlife under paragraph 10(1)(d)
of the principal Act as amended in this Act until the expiry of the special permit.
Any person who holds a special permit to use any totally protected wildlife for a zoo, wildlife exhibition or commercial captive breeding before the date of coming into operation of this
Act, shall, on the date of the coming into operation of this Act, be deemed to be a holder of a special permit to keep the totally protected wildlife under paragraph 11(a) of the principal Act until the expiry of the special permit.