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National Parks and Nature Reserves Ordinance, 1998 is Malaysia State Ordinance, cited as State Ordinance Cap. 27 1998, currently marked in force and first recorded in 1998.
PREPARED AND PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, SARAWAK
UNDER THE AUTHORITY OF THE REVISION OF LAWS ORDINANCE, 1992 2008
Date Passed by Dewan Undangan
Negeri
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10th November, 1998
Date of Assent
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18th November, 1998
Date of Publication in Gazette
26th November, 1998
1st Reprint in 2007
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Opening note
Short title and commencement
This Ordinance may be cited as the National Parks and
Nature Reserves Ordinance, 1998, and shall come into force on the 1st day of January, 1999.
Interpretation
“animal” means any species of animal, and includes mammals, birds, fish, reptiles, amphibians, insects, invertebrates, or any recognizable part or derivative thereof;
“building” includes any house, hut, shed, or roofed enclosure, whether used for the purpose of human habitation or otherwise, and also any wall, fence, platform, staging, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, landing-stage or bridge, or any structure, support or foundation connected to the foregoing;
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“Chief Park Warden” means a Chief Park Warden appointed under section 3(2);
“Controller” means the Controller of National Parks and
Nature Reserves appointed under section 3(1), and includes a
Deputy Controller;
“historical monument” has the meaning assigned to it in the
Sarawak Cultural Heritage Ordinance, 1993 [Cap. 6];
“historical site” has the meaning assigned to it in the
Sarawak Cultural Heritage Ordinance, 1993 [Cap. 6];
“infrastructure” includes road, railway, dam, power transmission line, cable car and airfield;
“land” means unalienated State land and any other land held or registered in the name of the Government of Sarawak for the purpose of a national park or a nature reserve;
“Minister” means the Minister for the time being charged with the responsibility for national parks and nature reserves;
“national park” means any—
area within the territorial waters of the State, constituted as a national park under Part III for—
conservation and protection of wild life and their habitat;
preservation of geological or physiographical features of special interest on land and in areas beneath the territorial waters of the State;
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protection of the natural scenic beauty, and the historical sites and historical monuments on land and in the territorial waters of the State; and
affording opportunities for public appreciation, enjoyment and education of the natural scenic beauty, wild life habitat, flora and fauna, geological and physiographical features, historical sites and historical monuments of the State;
“nature reserve” means any—
area within the territorial waters of the State, constituted as a nature reserve under Part III for—
the preservation of specific natural features, landscape and site for archaeological, recreational, educational or conservation purposes;
the preservation and protection of any particular historical site or historical monument on account of their unique natural beauty or interest; and
enhancing public appreciation, interest and education in the features, landscape, historical site or historical monument mentioned in paragraphs (i) and (ii);
“park officer” means any officer appointed under section 3, and includes the Controller;
“Park Warden” and “Park Ranger” means a Park Warden and a Park Ranger appointed under section 3(2);
“plant” means any species of plant, including all flowering and non-flowering species, or any recognizable part or derivative thereof;
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“Sarawak Biodiversity Council” means the Sarawak
Biodiversity Council established under section 3 of the Sarawak
Biodiversity Centre Ordinance, 1997 [Cap. 24];
“weapon” includes any firearms, knives, blowpipes, spears, traps, snares, and any other type of weapon in common use by natives of Sarawak;
“wild life” means any species of wild animal or wild plant which exists, or whose habitat is, in the wild or natural state, in
Sarawak or elsewhere in the world.
Appointment of Controller of National Parks and Nature
Reserves, etc.
The Minister may appoint a Deputy Controller of National
Parks and Nature Reserves and such number of Chief Park Wardens,
Park Wardens, Park Rangers and such other officers as may be considered necessary for carrying out the purposes of this Ordinance.
All officers appointed under subsection (2), including a
Deputy Controller, shall be subject to the control, direction and supervision of the Controller.(4)
All officers appointed under this
Ordinance shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
Functions and duties of Controller
exercise supervision and control of, and manage, national parks and nature reserves;
institute measures for the protection of national parks and nature reserves and to promote public appreciation and enjoyment thereof;
protect and develop schemes and policies for the protection of wild life and their habitats within national parks and nature reserves which are not inconsistent with the provisions of the Wild Life Protection Ordinance, 1998 [Cap. 26];
provide such facilities as may be necessary for the accommodation, enjoyment and comfort of visitors to a national park and a nature reserve;
demarcate a national park or a nature reserve into various zones or areas to facilitate effective and proper management and control thereof;
subject to section 25, engage or appoint any person to manage on his behalf any facilities provided for the purpose stipulated in paragraph (e) or any historical site, historical monument, geological or physiographical features within a national park or a nature reserve, and to provide the services referred to in section 25(1)(b);
perform such other duties in relation to this Ordinance as the Minister may from time to time determine; and
carry on such other activities as may appear to the
Controller, requisite, advantageous or convenient for the purpose of carrying out the provisions of this Ordinance.
The functions and duties of the Controller shall, subject to the direction of the Controller, be exercisable by the Deputy
Controller.
The Minister may give the Controller such directions, not inconsistent with this Ordinance, as he thinks fit, as to the exercise and performance of his functions and duties under this Ordinance, and the Controller shall give effect to all such directions.
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Delegation of functions or duties by Controller
The Controller may, in writing, delegate to any officer under his control, direction and supervision the exercise or performance, subject to such conditions, limitations or restrictions as may be provided in the instrument of delegation, of any of his functions or duties assigned to him under this Ordinance:
Provided that any delegation under this section with respect to any function or duty shall not prevent the Controller from himself exercising or performing such delegated function or duty in any case where it appears expedient to do so.
Functions and duties of Chief Park Warden
A Chief Park Warden shall report to the Controller any matter in respect of which any action on the part of the Controller is necessary.
A Chief Park Warden shall be vested with the functions and duties of a Park Warden or Park Ranger.
Functions and duties of Park Warden, etc.
A Park Warden shall be assisted in the discharge of his functions and duties by such number of Park Rangers as may be determined by the Controller.
Special Park Committee
A Special Park Committee shall consist of not more than twelve members, and shall comprise park officers, Honorary Wild
Life Rangers appointed under section 8(1) of the Wild Life Protection
Ordinance, 1998 [Cap. 26], any other persons residing near a national park or a nature reserve and such other persons, who, in the opinion of the Controller, would be able to assist him in the protection and management of a national park or a nature reserve.
(a)
The Controller may designate any part of a national park for the exercise of subsisting rights or privileges which are recognized under section 11.
In the exercise of his powers under subsection (1), the
Controller shall take into account any recommendation which may be made to him by a Special Park Committee pertaining to the exercise of such rights and privileges within the national park.
Constitution of a national park or a nature reserve
any area of land, including land within a forest reserve or a Wild Life Sanctuary and land within a historical site or a historical monument;
Where a historical site or a historical monument is within a national park or a nature reserve, that historical site and historical monument shall be preserved and managed in accordance with the
Sarawak Cultural Heritage Ordinance, 1993 [Cap. 6].
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Procedure for constituting a national park or a nature reserve
specifying as accurately as possible the description and limits of the land intended to be constituted as a national park or a nature reserve;
directing any person claiming any rights or privileges in or over such land to submit, within sixty days from the date of publication of such notification, to the Chief Park Warden for the area in which the land is situated, his claim with evidence in support thereof; and
stating that upon the expiry of a period of sixty days from the date of publication of the notification, no claim to any rights or privileges in or over the area intended to be constituted a national park or a nature reserve shall be entertained and such rights or privileges, if any, shall be deemed to have been abandoned or the exercise thereof has been waived, by any person entitled thereto.
A copy of the notification shall be published in at least one newspaper circulating in Sarawak, and displayed at the District Office for the area to be constituted a national park or a nature reserve or be brought to the notice of the persons affected thereby in such a manner as the Minister thinks necessary.
Rights or privileges
Wild Life Sanctuary, the Minister shall publish in the Gazette a notification—
The rights or privileges that may be recognized in an area to be constituted as a national park or a nature reserve shall be only those rights or privileges which have been enjoyed or exercised by or accrued to a native or his forefathers or a native community for an uninterrupted period beginning from a date prior to 16th February,
1956, to the date of the notification referred to in section 10.
Claim
A claim to such right or privilege may be submitted to the
Chief Park Warden by a Headman on behalf of any person claiming such right or privilege.
Any person who fails to submit a claim to any right or privilege in or over the land to be constituted a national park or a nature reserve within the period stipulated in the notification, shall be deemed to have abandoned or waived such right or privilege and shall not be entitled to exercise the same after constitution of the national park or the nature reserve.
Inquiry into claim
In any such inquiry, the onus of proving the existence of any right or privilege claimed shall be on the claimant.
The Chief Park Warden may call for and receive any evidence to verify, confirm or support any claim from any claimant or any public officer or any other person having knowledge of such claim. In the conduct of such inquiry, the Chief Park Warden shall have the same powers to summon and examine witnesses as a
Magistrate.
Where it is considered necessary and expedient, any inquiry conducted pursuant to this section may be held in public at such time, on such date and at such location as may be specified in a notice to be issued by the Chief Park Warden.
Report
The report shall contain the notes of proceedings and evidence recorded at the inquiry together with such findings
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and recommendations as the Chief Park Warden may deem it fit or proper to make.
Rights or privileges admitted
Where any right or privilege is admitted or found to have subsisted at the time of the notification published under section 10, the
regulate the exercise or enjoyment of such rights or privileges including directing the areas or places within a national park or a nature reserve where the rights or privileges may be exercised or enjoyed and the manner of exercising or enjoyment thereof; or
with the approval of the Minister, proceed to extinguish such rights or privileges and pay adequate compensation to the lawful claimant thereof.
Assessment of compensation
Controller shall—
In assessing the compensation payable under this Part for the extinguishment of any right or privilege in or over the area constituted or to be constituted a national park or a nature reserve, the Controller shall take into account the following:
whether such right or privilege is still being exercised or enjoyed by the claimant at the date of notification published under section 10;
the degree of actual dependency, if any, of the claimant on such right or privilege, as a means of his livelihood;
if the right or privilege relates to the planting of any crop, whether alternative site or area has been provided by the
Government for the person or the community to which he belongs, for farming; and
any other relevant factors or circumstances pertaining to the enjoyment or exercise of such right or privilege.
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Decision on compensation
The decision of the Controller on the compensation payable to any claimant under this Part shall be served on the claimant at the address provided by him at the time of submission of his claim or if his claim is submitted through his Headman, the decision shall be served on the claimant by handing a copy thereof to the Headman.
Appeal
An appeal to a Sessions Court shall be by way of originating application and shall follow the procedures prescribed by the Subordinate Courts Rules 1980 [P.U. (A) 328/80].
Subject to the Subordinate Courts Rules 1980 [P.U. (A)
328/80], a Judge of the Sessions Court may give such direction as he may deem fit or necessary for the disposal or hearing of any appeal before him under this section.
Notification
Such notification shall—
declare whether all rights or privileges in the national park or the nature reserve have been extinguished; and
stipulate the special conditions, if any, governing the reservation thereof.
Constitution of a national park or a nature reserve within a forest reserve, etc.
The notification under subsection (1) shall—
state the date on which the national park or the nature reserve is constituted;
where the national park or the nature reserve is constituted within a forest reserve or a Wild Life Sanctuary, declare the area on which the national park or the nature reserve is constituted, shall cease to be a forest reserve or a Wild Life
Sanctuary;
provide a detailed description of the area to be constituted a national park or a nature reserve; and
limit or prohibit the exercise or enjoyment of any subsisting rights or privileges in the national park or the nature reserve.
Any area constituted a national park or a nature reserve pursuant to this section shall—
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be deemed to have ceased to be part of the forest reserve and section 24(2) and (3) of the Forests Ordinance [Cap.
126 (1958 Ed.)] shall apply; or
be deemed to have ceased to be a Wild Life Sanctuary and section 27 of the Wild Life Protection Ordinance, 1998 [Cap.
26], shall apply; or
be deemed to have ceased to be a special area under the
Public Parks and Greens Ordinance, 1993 [Cap. 3]; or
be managed, administered and controlled by the
Controller, subject to such direction as may be given to him, by the Minister.
Effect of notification
enter, reside or remain in a national park or a nature reserve without the permission of the Controller;
exercise and enjoy any right or privilege in the national park or the nature reserve, whether such right or privilege were awarded under licence, permit, or accrued or recognized under any written law, except in accordance with the written directive or guidelines issued by the Controller; and
undertake any activities, studies or research in the national park or the nature reserve without the prior written permission of the Controller, who shall, if such permission is to be given to a person who is not a member of the public service of the State, consult the Chief Executive Officer of the Sarawak
Biodiversity Council before granting such permission.
Any person who fails to comply with any of the provisions of subsection (1) may be removed or evicted from the national park or the nature reserve by the Park Warden or a police officer not below the rank of Inspector.
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Alienated land
Where alienated land has been acquired for the purposes specified in subsection (1), the Minister may include the land so acquired in the notification made under section 19.
National park and nature reserve be the property of the
Government of Sarawak
Nothing in this Part shall authorize the Controller to grant any permit or licence to any person who is not a member of the public service of the State to take away, remove any wild life for research purposes without the prior approval of the Chief Executive Officer the
Sarawak Biodiversity Council.
Minister may give directions to Controller
For the purpose of carrying out the duties and functions imposed upon him by subsection (1), the Controller may within a national park or a nature reserve—
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construct such trails, interpretive displays, bridges, buildings and fences, and provide water supplies and sewage and refuse disposal facilities as he considers necessary;
take such measures as may be necessary for the protection of the wild life, geological and physiographical features in a national park or a nature reserve and the preservation of such national park or such nature reserve and the wild life therein in their natural state;
reserve or set aside any portions of a national park or a nature reserve as breeding places for animals, and as nurseries for plants; and
provide such accommodation, amenities, facilities and services as are likely to attract visitors to the national park or the nature reserve and are not prejudicial to the proper care, control and management thereof.
No infrastructure shall be built within the boundaries of a national park or a nature reserve, except with the written permission of the Controller, in consultation with the Minister.
Before any permission is given under subsection (3), the
Controller shall be satisfied that—
the construction of such infrastructure in a national park or a nature reserve is essential and in the public interests;
there is no alternative route or site for such infrastructure outside the national park or the nature reserve;
an environmental impact assessment of such infrastructure in a national park or a nature reserve has been undertaken and that all conditions and measures to mitigate against any adverse environmental impact have been complied with, or implemented to the satisfaction of the Controller.
The Controller may, for the purpose of the proper maintenance of a national park or a nature reserve and for the
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protection of the safety of visitors thereto, direct any wild animal to be removed from or taken away to such place as he may direct:
Provided that he shall not direct the removal of a totally protected animal or a protected animal without consultation with the Controller of Wild Life.
Appointment of managing agent
any of the building and facilities referred to in section 24(2); or
any historical site or historical monument within a national park or a nature reserve; or
to undertake the provision of services, within a national park or a nature reserve, which a licensed tour operator may, under the Tourism Industry Act 1992 [Act 482], provide.
Such appointment shall be regulated by an agreement between the Controller and the person or company to be appointed under subsection (1). The agreement shall set out the duties and responsibilities of the managing agent and the terms, conditions and duration of his appointment.
Restriction on certain acts in a national park or a nature reserve
No person, other than a person acting under and in accordance with the permission of the Controller, shall—
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convey into a national park or a nature reserve or, within the confines thereof, be in possession of any weapon, explosive, poison or any contrivance of any kind used for the taking, capturing, shooting, killing or destroying of any animals;
within a national park or a nature reserve, kill, injure, capture or disturb any animal or take or destroy any plant, egg or nest;
cut or set fire to any plant or damage any object of geological, prehistoric, archaeological, historical or other scientific interest;
introduce any animal, or permit any domestic animal to stray, into a national park or a nature reserve, or introduce any plant into a national park or a nature reserve;
remove from a national park or a nature reserve any animal or plant, whether alive or dead, other than any animal or plant lawfully introduced into a national park or a nature reserve by the person removing it;
remove from a national park or a nature reserve any object of geological, prehistoric, archaeological, historical or other scientific interest;
without prejudice to any rights lawfully acquired before 16th day of February, 1956, and to the provisions of any law for the time being in force in Sarawak relating to mining, prospect for minerals in any national park or any nature reserve;
or
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place, dump, deposit, ease or throw any carcass, paper, boxes, bottles, tins, refuse of any kind, noxious liquid or other offensive or filthy matter of any kind in a national park or a nature reserve.
Power of arrest and search
Every officer making an arrest under this section shall, without unnecessary delay, take or send the person arrested to the officer-in-charge of the nearest police station or to the Controller or any other park officer empowered under section 28 to compound the offence:
Provided that in the latter case, if the arrested person refuses to compound the alleged offence, he shall forthwith be sent to the officer-in-charge of the nearest police station to be dealt with according to the law.
Whenever a park officer or a police officer has reasonable cause to suspect that an offence against this Ordinance or any regulations made hereunder, has been committed, he may search any conveyance, building or place under the control of the person suspected, his agents or servants.
Power to compound
On payment of such sum of money, the person shall be discharged and no further proceedings shall be taken against him, and such property, if any, (other than totally protected animal or plant or protected animal or plant or any recognizable part or derivative
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thereof) which has been confiscated as provided in this Part shall be disposed of in such manner as the officer shall think fit.
All sums of money received in compensation under this section shall be credited to the State Consolidated Fund.
Power to hold inquiry and require attendance
If any such person refuses to attend as so required, the park officer may report the refusal to a Magistrate who may thereupon if he thinks fit, issue a summons or warrant to secure the attendance of that person as required by that notice.
Power to seize property
Every officer seizing any property under this section shall place on such property, a mark or label indicating that it has been so seized and shall, without undue delay, make a report of such seizure to a Magistrate having jurisdiction to try the offence on account of which the seizure has been made:
Provided that, in any case where such property has been seized in connection with an offence dealt with under any regulations made under section 37(1) or committed by some person unknown or who cannot be found, it shall not be necessary to report to a Magistrate the seizure thereof and such property shall be taken possession of by the park officer who may after the expiration of one month, from the date of seizure thereof, dispose of the property in such manner as he shall think fit unless the property is subject to speedy or natural decay, in which case a Chief Park Warden may order its disposal immediately.
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When possession is taken of any property of a person which is unknown or who cannot be found under subsection (2), the park officer so taking possession shall either cause a notice thereof to be served upon any person whom he has reason to suspect to be interested in the property, or publish such notice in any way he thinks fit.
Disposal of confiscated property by court
When the trial of any offence under this Ordinance or any regulations made hereunder is concluded, any property that has been seized under this Ordinance shall, if they are the properties of the
Government, be delivered to such park officer as the court may order and, in any other case, may be forfeited to the Government or otherwise disposed of as the court may order.
Offences and penalties
any provision of this Ordinance or any regulations made hereunder, where no specific penalty is stipulated; or
any direction given by the Controller or a Chief Park
Warden, shall be guilty of an offence: Penalty, a fine of five thousand ringgit or imprisonment for one year or both fine and imprisonment.
Eviction from a national park or a nature reserve
An application under subsection (1) may be made without further process if made before the court recording a conviction adjourns but, if not so made, shall be made by summons before that court and the court shall make no further order unless proof of the service of such summons upon the person convicted is forthcoming.
Park officer to exercise powers of eviction, etc.
remove from the national park or the nature reserve any person whom he has reason to believe to be committing the offence;
seize any animal, plant, vehicle, vessel, machine, instrument, weapon, trap, snare or other implement or thing which he has reason to believe was used or is being used in the commission of the offence; and
demolish or remove any building or structure or take possession in the name of the Government all buildings, structure, machines, crops and other property.
No park officer or police officer shall be liable for any injury, loss or damage caused to any person consequent upon his taking the steps mentioned in subsection (1).
Every officer in the exercise of the powers conferred under subsection (1) may call upon any police officer or park officer for assistance and it shall be the duty of every such officer to comply with such request.
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Abetment and attempt
Any person who abets or attempts to commit an offence under this Ordinance is guilty of an offence and shall, on conviction, be liable to the same penalty provided for the principal offence.
Power to conduct prosecutions
Prosecutions for offences against this Ordinance or any regulations made hereunder may be conducted by the Public
Prosecutor or any person authorized in writing by him under section 377 of the Criminal Procedure Code [Act 593].
Regulations
the exclusion of members of the public from a national park or a nature reserve or any part thereof;
the killing, capturing or impounding of any animals within a national park or a nature reserve and the disposal of such animals;
the burning and cutting of plants within a national park or a nature reserve; and
the disposal of animal, plant, mineral or other product of the national park or the nature reserve;
regulating and controlling the taking, hunting, killing, snaring, trapping or capturing any kind of wild life by people with subsisting rights and privileges in a national park or a nature reserve, and regulating and controlling the type of weapons, instruments, contrivances and various other methods which may be used by such people in the taking, shooting or killing of wild life;
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regulating the activities which can be undertaken for research and other scientific or other purposes inside national parks and nature reserves;
prescribing the powers, duties, responsibilities and other activities of a Special Park Committee;
incentives by way of grants or other forms of monetary rewards, to any person or body of persons involved in the supervision, control, and management of a national park or a nature reserve and the protection of wild life, geological and physiographical features therein or to any person who provides information leading to the conviction of any person of any offence under this Ordinance;
compensation for any interference with the exercise of any rights or privileges recognized under section 11 within a national park;
the conditions subject to which permission to enter a national park may be granted, and the periods or times during which a national park or any part thereof shall be open to the public;
the conditions under which the services or attendance of park officers, or the services or attendance of any other person licensed by the Controller, may be obtained by any person entering, passing through so journeying within a national park or a nature reserve, and the fees to be paid for such services or attendance;
the fees for admission in respect of persons and vehicles entering a national park or a nature reserve, the taking of photographs therein and the circumstances and conditions under which such fees may be waived or reduced;
the protection and preservation of a national park or a nature reserve and the wild life therein;
the regulation of traffic in and over a national park or a nature reserve, the carriage of passengers, goods and weapons in a national park or a nature reserve and the points at which people may enter a national park or a nature reserve;
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the conditions under which, and the persons or officers by whom, in contravention of the provisions of this Ordinance or any regulations made hereunder may be compounded;
the demarcation of specific areas within a national park or a nature reserve for the exercise of any rights or privileges recognized under this Ordinance;
the role and responsibilities of a managing agent appointed under section 25(1);
Any regulations made under subsection (1) may provide for the punishment of any contravention thereof by penalties not exceeding a fine of five thousand ringgit or imprisonment not exceeding one year.
Repeal and saving
Nothing in this Ordinance shall affect the past operation of, or anything done under, the repealed Ordinance and any national park or nature reserve constituted under Part II thereof shall be deemed to have been constituted under and be subject to this Ordinance.
Any regulation, order, direction, notice, notification or proclamation made, issued, given or published under the repealed
Ordinance and is still in force immediately before the date of commencement of this Ordinance shall continue to be in force and have full effect until such regulation, order, direction, notice, notification or proclamation, as the case may be, is amended, revoked or replaced under any corresponding provision of this Ordinance.
Any action, suit, claim, proceedings or inquiry which has been instituted, filed, commenced or made under the repealed
Ordinance and is still pending or existing immediately before the date of commencement of this Ordinance shall be continued and be
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determined or completed in all respects under the provisions of the repealed Ordinance as if this Ordinance had not been enacted.
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Amending Law
Short Title
In force from
Swk. L.N. 92/2010
The National Parks and Nature
Reserves (Amendment) Regulations,
2010 1st July, 2011
[Swk. L.N. 7/2011]
[List of Amendments]