Sarawak Biodiversity Centre Ordinance, 1997

The Council—

a Chairman;

a Deputy Chairman;

a Secretary; and

not less than six but not more than ten other members, all of whom shall be appointed by the Majlis Mesyuarat Kerajaan

Negeri.

Subject to the provision of this Ordinance, the members of the Council shall hold office for such term and subject to such conditions as the Majlis Mesyuarat Kerajaan Negeri may determine.

The Majlis Mesyuarat Kerajaan Negeri may appoint any person to be temporary member of the Council during the temporary incapacity from illness or otherwise, or during the temporary absence from Malaysia, of any member of the Council.

The Majlis Mesyuarat Kerajaan Negeri may appoint any member of the Council to be a temporary Chairman or temporary

Deputy Chairman during the temporary incapacity from illness or otherwise, or during the temporary absence from Malaysia, of the

Chairman or the Deputy Chairman, as the case may be.

The Majlis Mesyuarat Kerajaan Negeri may, at any time, accept the resignation of any member of the Council.

The Majlis Mesyuarat Kerajaan Negeri may, at any time, revoke the appointment of the Chairman, the Deputy Chairman, the

Secretary and any other member of the Council.

The Council may act notwithstanding any vacancy in its membership.

providing the Government and other institutions approved by the Government with accurate information or data on the status, magnitude, distribution, usage and value of the biodiversity in the State;

the management and sustainable utilization of the biodiversity of the State, including determining policies and guidelines for scientific research or experiment related to the use of biological resources of Sarawak for pharmaceutical, medicinal, therapeutic, and other specific purposes;

maintaining a library of extracts of biological resources collected by the Sarawak Biodiversity Centre available for research and development and for maintaining records of and databases for biological resources found in the State;

ensuring that all collections of biodiversity and related data are maintained for the purposes of inventory and study of the biodiversity of Sarawak;

formulating programmes for systematic surveys of biodiversity and the collection and analysis of data relating thereto;

undertaking research and development and documentation of the traditional uses of biological resources by the native communities in the State, including ethnobotany or ethnobiology;

identifying new natural and biotechnological products derived from the biodiversity of the State;

providing facilities for research and development including the characterization of chemical compounds, of genes and of proteins;

establishing linkages and partnership with other institutions or bodies, within or outside Malaysia to undertake

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research and development from the biological resources of the

State;

[Am. Cap. A163, Cap. A220]

generally to promote education and knowledge of the biodiversity of the State; and

[Am. Cap. A106, Cap. A220]

providing facilities for commercial or any other purposes incidental to the powers of the Council.

[Add. Cap. A220]

to carry out all activities, the carrying on of which appears to the Council to be necessary, advantageous or convenient for or in connection with the discharge of its duties;

to undertake the collection of biological resources for research and development, and for the establishment of a library of extracts of biological resources for the purposes referred to in section 5(c);

(bb) to ensure that prior informed consent is obtained from the natives where traditional knowledge associated with a biological resource is accessed and an agreement that includes benefit sharing based upon mutually agreed terms is entered into;

[Sub. Cap. A106, Am. Cap. A163]

to promote the carrying on of any such activities by other bodies or persons or jointly with such other bodies or persons;

to carry on such activities in association or collaboration or in joint venture with other bodies or persons including the departments or agencies of the Government or of the Government of Malaysia;

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with the approval of the Minister, to acquire, purchase, lease, take, hold and enjoy movable and immovable property of every description and sell, convey, assign, surrender and yield up, mortgage, demise, reassign, transfer or otherwise dispose of any movable or immovable property vested in the Council upon such terms as the Council thinks fit;

to erect and maintain all necessary buildings for the purposes of the Biodiversity Centre;

to manage the Biodiversity Centre or to appoint any person or body to manage the same on its behalf;

to acquire, install and maintain exhibits for the

Biodiversity Centre;

to establish systems for maintaining and updating of databases of biodiversity in the Biodiversity Centre;

to receive donations, grants, gifts of movable or immovable property from any source or to raise funds by any lawful means;

to regulate and control public access to the Biodiversity

Centre or the exhibits or resources maintained therein, and to charge fees for such access;

to make provision for the specialized training of officers or employees of the Council and in that connection may offer scholarships to intending trainees or otherwise pay for the course of such training and all expenditure incidental thereto;

to enter into contracts, establish trusts and generally to regulate transaction of all business connected with the Council;

to apply for and seek loans, grants, funds and other financial assistance from the Government of Malaysia and other corporation, institution or body, whether within or outside

Sarawak, for the purposes of this Ordinance;

[Sub. Cap. A220]

to create, develop, apply for, own and hold intellectual property rights arising out of research and development under this

Ordinance, including those intellectual property rights transferred to and vested in the Council, and to enter into arrangements with

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any person, organization or institution for the commercial application of such intellectual property rights on such terms as to royalty, commission, fee, profit sharing scheme, or other tangible benefits or rewards as the Council may deem fit or to be commercially advantageous to the Council;

to license the use, whether for commercial or non-commercial purposes, of any intellectual property rights, whether belonging to the Council or the Government, as may be authorized by the Government, on such terms and conditions as the Council deems fit;

to provide or develop facilities for research and development for scientific, commercial or any other purposes incidental to the functions of the Council; and

to discharge such other functions as may be assigned to the Council by the Majlis Mesyuarat Kerajaan Negeri.

[Add. Cap. A220]

to perform any of its functions, carry out or exercise any of its powers; and

to carry out and have the charge, conduct and management of any activity which has been planned or undertaken by the Council in the performance of its functions or the discharge of its duties.

The company incorporated by the Council under this section shall be managed in accordance with such regulations and directions as may, from time to time, be made by the Council or written law.

[Add. Cap. A220]

All officers and employees of the Council shall be under the administrative control of the Chief Executive Officer.

The Council may, with the approval of the Minister, make standing orders to provide for the terms and conditions of service, including loans and allowances and the conduct and discipline of officers and employees of the Council.

The Council shall furnish the Minister with such information with respect to its property and activities as he may from time to time require.

The Council may appoint any person with the requisite experience, expertise and knowledge in biological or genetic resources, as adviser or consultant for the Council, and may form a

Panel of Advisers or Consultants to advise the Council on the discharge of its functions or duties.

The Council may continue to exercise any power conferred upon it, or perform any function or duty under this Ordinance, notwithstanding the delegation of that power, function or duty under this section.

Where any member of the Council is exempt from liability by reason only of this section, the Council itself is liable only to the extent that it would be if that member of the Council were an employee or agent of the Council.

the payment of the expenses of, or connected with, the administration of the Council;

the administration, management and operation of the

Biodiversity Centre;

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the salaries, fees, provident fund contributions, superannuation allowances and gratuities of the officers and employees of the Council.

the granting of loans to the officers and employees of the Council;

the repayment of loans made to the Council; and

the payment of all expenses necessary for carrying out the provisions of this Ordinance.

[Sub. Cap. A163]

The accounts of the Council shall be audited by a qualified auditor appointed annually by the Council with the approval of the

State Financial Authority and the auditor shall make a report on the accounts examined by him.

As soon as the accounts of the Council have been audited in accordance with subsection (2), a copy of the statement of accounts together with a copy of any report made by the auditor shall be submitted to the Majlis Mesyuarat Kerajaan Negeri, for its

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examination and approval, and thereafter the Minister shall present to the Dewan Undangan Negeri a copy of every such statement and report.

The

Statutory

Bodies

(Financial and

Accounting

Procedure) Ordinance, 1995 [Cap. 15], shall apply to the Council.

upon research and development conducted by the

Sarawak Biodiversity Centre or parties collaborating with the

Sarawak Biodiversity Centre, have properties of medicinal, pharmaceutical, therapeutic, industrial or agricultural or their functional ingredients or nutritional values; or

are required for the purpose of research and development undertaken by the Sarawak Biodiversity Centre for the purposes of this Ordinance; or

have to be protected for the conservation or preservation thereof.

No person shall, without a permit issued by the Council and subject to such terms and conditions as may be stipulated in such permit—

where such person is an individual, to a fine of not less than fifty thousand ringgit and not exceeding five hundred thousand ringgit or to imprisonment for a term of not less than two years and not exceeding ten years, or to both; or

where such person is a body corporate, to a fine of not less than one million ringgit and not exceeding five million ringgit.

[Sub. Cap. A106, Sub. Cap A163, Sub. Cap. A220]

the terms and conditions for research into and the use of the protected resources; and

the manner and mode of protection of any patent or intellectual property rights related to any invention or discovery made consequent upon such study or research, and that the applicant deposits such sum or provides such bond as may be determined by the Council, to secure the due observance or compliance by the applicant of the terms and conditions of the permit, the agreement aforesaid and the provisions of this Ordinance.

No claim or action shall lie against the Chief Executive

Officer, police officer, customs officer or any other officer authorized in writing by the Chief Executive Officer in that behalf in respect of the seizure, removal or detention of any such goods, tool, equipment, document, material or other thing under subsection (1).

Any goods, tools, equipment, documents, materials or other things seized, removed or detained under subsection (1) may be disposed of by the Chief Executive Officer, as he deems fit, or otherwise disposed of as the Court may order, and the proceeds of the disposal shall be held to abide by the result of any prosecution.

[Sub. Cap. A220]

Where any thing has been seized under this Ordinance, an authorized person may, subject to terms and conditions as the Chief

Executive Officer deems fit to impose, temporarily release such thing to the owner upon application and upon security (as assessed by the Chief

Executive Officer) being furnished that such thing shall be surrendered to him on demand or to produce it before a Court of competent jurisdiction.

[Add. Cap. A220]

who refuses to furnish his name and address; or

who furnishes a name or address reasonably suspected of being false or who furnishes an address outside Malaysia; or

who is reasonably suspected of being likely to abscond.

Every person so arrested shall as soon as possible be delivered into the custody of a police officer to be dealt with according to law.

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Where person may be released on personal bond

Any unpaid financial penalty under this section may be recovered as a civil debt due to the Council in a court of competent jurisdiction and the Court may order for a payment of a penalty for late payment up to an amount equivalent to twice the amount of the financial penalty unpaid and costs of recovering the amount including any costs of legal proceedings.

The financial penalty paid under this section shall be deposited into the State Consolidated Fund.

[Add. Cap. A220]

Compounding of offences

the convening of meetings of the Council and the procedure to be followed;

the payment of fees, honorarium, allowances and benefits to members of the Council, or advisers or consultants appointed under section 10(2);

the management and control of the Biodiversity Centre;

the terms and conditions for access to and use of biological resources (including protected resources) of the State or such resources, data, exhibit, information or materials kept, stored or maintained in the Biodiversity Centre;

[Sub. Cap. A163]

permits to be issued under this Ordinance;

the exercise of the Council’s powers and functions under the provisions of this Ordinance; and

such other purposes which may be considered to be necessary for carrying out the provisions of this Ordinance.

All regulations made under this Ordinance—