Malaysia legislation

Section 37

of Sabah Biodiversity Enactment 2000

Section 37

(a)

the payment of fees, honorarium, allowances and benefits to members of the

Council, or adviser or consultants appointed under section 11;

(b)

the management and control of the Biodiversity Centre;

(c)

the terms and conditions for access to and use of the biological resources or traditional knowledge associated with biological resources in the State or such resources, data, exhibit, information or materials kept, stored or maintained in the Biodiversity Centre;

(d)

prescribing the terms and conditions including fees for the access licence to be issued under this Enactment;

(e)

prescribing the amount of security deposit for any licence issued under this Enactment or any of its subsidiary legislation;

(f)

the exercise of the Council's powers and functions under the provisions of this

Enactment;

(g)

prescribing rewards to persons or body of persons for giving relevant information for the illegal activities that is being carried out;

(h)

prescribing incentives to persons or body of persons for carrying out measures which are necessary to protect and conserve natural resources for the protection and enhancement of the biodiversity;

(i)

prescribing the offence which may be compounded, the person who may compound, the limit of the sum of money to be collected for compounding such offences and the procedure and forms to be complied with in compounding;

(j)

prescribing rate of compensation that the Director may require any person to pay for damages caused to the biodiversity by the act, omission, neglect or default of that person;

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(k)

prescribing the mode and manner of benefit sharing for access to biological resources or traditional knowledge associated with biological resources;

(l)

prescribing the terms and conditions for the licence to export the biological resources or traditional knowledge associated with biological resources;

(la) prescribing the terms and conditions for the licences to transfer the biological resources or traditional knowledge associated with biological resources;

(lb) prescribing the fees payable in respect of licences and of any other thing done under the provisions of this Enactment or any of its subsidiary legislation;

(lc)

prescribing any forms to be used for the purposes of this Enactment or any of its subsidiary legislation; and

(m)

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

(2)

The regulations made under subsection (1) may prescribe any act in contravention of the regulations to be an offence and may prescribe penalties –

(a)

where such person is an individual, to a fine not exceeding thirty thousand ringgit or to imprisonment for a term not exceeding one year or to both; or

(b)

where such person is a body corporate, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Amendment of Schedule