Section 3

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

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

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

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 an animal;

“readily recognizable part or derivative of a plant” means any substantially complete or part, tissue or derivative of a plant, in natural

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form, preserved, dried, processed or otherwise treated or prepared which may or may not be contained in preparations, and includes —

seed, stem, leaf, bark, root, log, flower, fruit or pod;

any chemical compound derived from such part, tissue or extract; and

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 a plant;

“in transit” has the same meaning assigned to it by the Customs Act 1967 [Act 235];

“bred in captivity” refers only to offspring, including eggs, born or otherwise produced in a controlled environment of parents that mated or otherwise transmitted their gametes in a controlled environment;

“artificially propagated” in reference to any —

plant, means the plant is grown under controlled conditions from seeds, cuttings, divisions, callus tissues or other tissues, spores or other propagules that either are exempt or have been derived from cultivated parental stock; and

animal, means the animal is propagated under controlled environment by way of cuttings and divisions;

“prescribed” means prescribed by regulations made under this Act;

“export” means to take or cause to be taken out of Malaysia by land, sea, inland waters or air any scheduled species, but does not include re-export;

“re-export” means the export of any scheduled species that has previously been imported;

“animal” means any member of the animal kingdom, and includes —

10 Laws of Malaysia

any mammal (other than man), bird, reptile, amphibian, fish, mollusc, arthropod, or other vertebrate or invertebrate, whether alive or dead, and the egg, young or immature form thereof; and

any readily recognizable part or derivative of an animal;

“import” means bring or cause to be brought into Malaysia by land, sea, inland waters or air any scheduled species other than any scheduled species in transit in Malaysia;

“controlled conditions” means a non-natural environment that is intensively manipulated by human intervention for the purpose of plant production and may include but is not limited to tillage, fertilization, weed and pest control, irrigation, or nursery operations such as potting, bedding or protection from weather;

“Convention” means the Convention on International Trade in

Endangered Species of Wild Fauna and Flora;

“quota” means a prescribed number or quantity of any scheduled species that can be exported or otherwise used over a specific period of time;

“introduction from the sea” means transportation into Malaysia of any scheduled species which was taken from the marine environment not under the jurisdiction of any country, including the air space above the sea, sea-bed and subsoil beneath the sea;

“advertise” in relation to scheduled species, means to describe, make reference to or allude in any way, by any means or in any form, to that scheduled species —

whether directly or indirectly;

whether orally, in writing, diagrammatically, pictorially, by the use of symbols or photographs, or in any combination thereof; or

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whether by the common name or the scientific name of that scheduled species or otherwise;

“Minister” means the Minister charged with the responsibility for natural resources and environment;

“enforcement officer” means—

an enforcement officer specified in the first column of the

Second Schedule;

any police officer not below the rank of Inspector, including an Inspector on probation; or

any Officer of customs as defined in section 2 of the

Customs Act 1967;

“owner” includes any person for the time being in charge of any scheduled species or any person for the time being in occupation of any premises;

“registration” means the registration allowed by a Management

Authority under subsection 16(2);

“conveyance” means any vehicle, vessel, ship, aircraft or any other mode of transport whether by air, sea or land;

“certificate” means a certificate issued by a Management Authority under subsection 16(2);

“permit” means a permit issued by a Management Authority under subsection 16(2);

“controlled environment” includes an environment that is manipulated for the purpose of producing specimen of a particular species of an animal that has boundaries designed to prevent the animal, eggs or gametes of the animal 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;

12 Laws of Malaysia

“Management Authority” means the Management Authority specified in the First Schedule;

“Scientific Authority” means a person or body appointed by the Lead

Scientific Authority under subsection 8(2);

“premises” includes any hut, shed, structure, platform, house, building, conveyance and land whether or not enclosed or built upon;

“Rescue Centre” means a premises designated by a Management

Authority to look after the welfare of any living scheduled species, particularly those that have been confiscated;

“species” includes subspecies, or geographically separate population of the species or subspecies of a scheduled species;

“scheduled species” means any animal or plant, including any readily recognizable part or derivative of the animal or plant specified in the

Third Schedule;

“cultivated parental stock” means the ensemble of a plant grown under controlled conditions that are used for reproduction, in a manner not detrimental to the survival of the species of plant in the wild or natural habitat and maintained in sufficient quantities for propagation so as to minimize or eliminate the need for augmentation from the wild or natural habitat, with such augmentation occurring only as an exception and limited to the amount necessary to maintain the vigour and productivity of the parent material;

“plant” means any member of the plant kingdom, whether live or dead, and any readily recognizable part or derivative of a plant.

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