Malaysia legislation
Section 2
Section 2
In this Enactment, unless the context otherwise requires –
"aircraft" means any type of fixed or rotary winged aircraft, hovercraft, airship, balloon, or kite whether or not controlled by human agency;
"animal" means any vertebrate or invertebrate and the eggs thereof but does not include any domestic animal or the eggs thereof;
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"animal bred in captivity" means an animal including eggs born or otherwise produced in a controlled environment, either of parents that mated or otherwise transferred gametes in a controlled environment, if reproduction is sexual, or of parents that were in a controlled environment when development of the animal began, if reproduction is asexual;
"animal product" means -
(a)
an ovum, embryo or sperm of an animal or any other part or product of an animal from which another animal could be produced;
(b)
any dung, cocoon, eggshell, nest, honey, beeswax or other product or thing produced by or from or built by an animal;
(c)
any dead animal or part thereof whether or not included in a manufactured or processed article which is labelled as containing or claims to contain animal products except where it has ceased to be in a readily identifiable form as a result of such manufacturing or processing;
or
(d)
anything having animal connections declared by the Minister by notice in the Gazette to be an animal product;
"Appendix I" or "Appendix II or Appendix III" means Appendices I or II or III of the
Convention respectively including any amendment thereof;
"area" means an area of land and land includes land covered by water;
"artificially propagated plant" means a plant grown by man from seeds, cuttings, callus tissues, spores or other propagules under controlled conditions;
"ASEAN" means the Association of South-East Asian Nations;
"authorised officer" means a Wildlife Officer, an Honorary Wildlife Warden, a Park
Officer, a forest officer, a veterinary authority, an Inspecting Officer of the
Department of Agriculture, a police officer, a Malaysian Maritime Enforcement
Agency Officer, a proper officer of customs, or any person designated as an authorised officer by the Director;
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"botanical garden" means an area reserved or used for the propagation and cultivation of exotic and indigenous plants for the enjoyment, education and benefit of the public;
"building" includes any house, hut, shed, platform, wall, fence, gate, bridge or any other structure;
"Collector" shall have the same meaning as in the Land Ordinance [Cap. 68.];
"compensation" includes the grant of land, rights or privileges;
"competent authority" means a national management authority designated pursuant to Article IX of the Convention by a party to the Convention or such other authority of a country understood by the Director to be competent to grant licences, permits, or certificates relating to animals, animal products or plants or having general responsibility for matters relating to wildlife in that country;
"Conservation Area" means a Conservation Area declared under section 21;
"Convention" means the Convention on International Trade in Endangered
Species of Wild Fauna and Flora;
"dealer" means any person who, in the course of any business or trade, exports, imports, preserves, processes, buys or sells any animal, animal product or plant, whether on his own behalf or on behalf of any other person;
"designated road" means a road designated under section 20 (5);
"Director" means the Director of Wildlife appointed under section 3 and includes any person to whom he delegates functions under section 6;
"domestic animal" means an animal of any species that is generally accepted as domesticated by man and does not include any animal regarded as of a wild species which has been bred in captivity or taken from the wild and tamed;
"exotic animal" or "exotic plant" means an animal or a plant that is not generally accepted as indigenous to the State;
"Forest Reserve" means a forest reserve declared as such under the Forest
Enactment 1968 [En. No. 2 of 1968.] or constituted as such by any State law;
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"harvest" means to gather, collect, take, pick, uproot, cut down, lop, prune any plant or take a cutting from any plant;
"hunt" means to pursue, molest, wound, kill or capture any animal by any method and includes any attempt so to do or the taking or destroying or attempting to take or destroy or disturb any egg or nest;
"kampung area" means the area specified in an animal kampung licence or if no area has been specified the area throughout which members of a kampung hunt or collect animal products or plants whether or not such area is used by members of any other kampung for such purposes;
"member of a kampung" means a person recognised as such by Headman of a kampung and who has been resident in that kampung for a continuous period of not less than twelve months prior to the time when such person exercises a right granted under this Enactment to a member of a kampung;
"Minister" means the Minister for the time being responsible for matters relating to wildlife;
"mud wallow" means a place habitually visited by animals of one or more species for the purpose of wallowing in mud or cooling themselves therein;
"Park" means an area declared as such under the Parks Enactment 1984 [En. No.
6 of 1984.];
"plant" means any species of plant or any part thereof whether living or dead and includes the stem, branch, tuber, bulb, corn, stock, budwood, cutting, layer, slip, sucker, root, leaf, flower, fruit, seed, or any other part or product whatsoever of a plant whether severed or attached but does not include any plant product that has undergone a process of heat and drying treatment;
"proposal" means a proposal referred to in section 9 (1);
"protected animal" means an animal of a species specified in Appendix I or II or
III of the Convention, Part I of Schedule 1, Part I of Schedule 2 or Schedule 3;
"protected area" means a Wildlife Sanctuary, a Conservation Area or a Wildlife
Hunting Area;
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"protected plant” means a plant of a species specified in Appendix I or II or III of the Convention, Part II of Schedule 1 or Part II of Schedule 2;
"public officer" means a member of the public service of the State;
"reserved land" means land reserved for a public or residential purpose under the provisions of the Land Ordinance [Cap. 68.];
"salt lick" includes a mineral spring or any ground containing salt or another mineral sought by animals as a part of their diet;
"Scientific Authority" means the Ministerial Committee on Wildlife in the Ministry for the time being responsible for matters relating to wildlife or any other agencies as the Minister may designate by notice published in the Gazette;
"sell" includes to barter, exchange, hawk and offer, keep, possess or expose for sale;
"species" means any species, sub-species or geographically separate population thereof;
"timber" means any tree that has been felled or which has fallen and any part of any tree that has been cut or has fallen off and all round, sawn, split or hewn wood;
"wildlife" includes animals and plants;
"wildlife area" means a wildlife area declared by the Director under section 108;
"Wildlife Hunting Area" means an area declared as a Wildlife Hunting Area under section 64;
"Wildlife Officer" means the Director or any other officers referred to in section 3
(1)
;
"Wildlife Sanctuary" means a Wildlife Sanctuary declared under section 9 (6);
"zoological garden" means an area reserved for the breeding, rearing and keeping in captivity of exotic and indigenous animals for the enjoyment, education and benefit of the public.
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