Section 2
Interpretation
of Wild Life Protection Ordinance, 1998
—
(1)
In this Ordinance—
“animal” means any species of animal, and includes mammals, birds, reptiles, amphibians, fish, 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;
6
“Chief Wild Life Warden” means a Chief Wild Life Warden appointed under section 3(2);
“CITES” means the Convention on International Trade in
Endangered Species of Wild Flora and Fauna signed at
Washington D.C. on 3rd March, 1973, and which came into force on 1st July, 1975;
“Controller” means the Controller of Wild Life appointed under section 3(1), and includes a Deputy Controller;
“cultivated plant” means any plant which has been brought into cultivation and has been selectively bred;
“export” means export from the State of Sarawak;
“forest produce” has the meaning assigned to it in the Forests
Ordinance [Cap. 126 (1958 Ed.)];
“forest reserve” means a forest reserve constituted under Part
II of the Forests Ordinance[Cap. 126 (1958 Ed.)];
“Honorary Wild Life Ranger” means an Honorary Wild Life
Ranger appointed under section 8(1);
“hunt”, “kill” or “capture” means hunting, killing or capturing by any method, and includes attempts to kill or capture, and the taking or disturbing of nests or eggs;
“import” means import into the State of Sarawak;
“Minister” means the Minister for the time being having the responsibility for wild life protection;
“national park” and “nature reserve” shall have the same meanings assigned to these expressions in the National Parks and
Nature Reserves Ordinance, 1998 [Cap. 27];
“nest” means—
(a)
in relation to a wild mammal, reptile or amphibian, any abode, den, lair or any other structure which is being constructed or is being used by such wild mammal, reptile or amphibian for—
(i)
the procreation or spawning;
(ii)
the protection; or
(iii)
the nurture, of immature wild mammal, reptile or amphibian, or their eggs; and
(b)
in relation to a wild bird, any structure or device which is being constructed or is being used by wild birds for—
(i)
the laying of their eggs;
(ii)
the incubation of their eggs; or
(iii)
the protection or nurture of immature wild birds;
“occupier” means any person in actual occupation of land, and, in the case of land reserved or allocated for the use of a native community, includes the head of the community;
“owner” means the person in whose name the title to any land is registered, and includes any person, other than the
Government, who receives or is entitled to receive the rent or profits of any land whether on his own account or on behalf of himself and others or as agent;
“plant” means any species of plant, including all flowering and non-flowering species, or any recognizable part or derivative thereof;
8
“protected animal” means any animal specified in Part II of the First Schedule;
“protected plant” means any plant specified in Part II of the
Second Schedule;
“Ranger” means a Wild Life Ranger appointed under section 3(2);
“shoot” includes shooting at;
“State” means the State of Sarawak;
“State land” has the meaning assigned to it in the Land Code
[Cap. 81 (1958 Ed.)] ;
“this Ordinance” includes any subsidiary legislation made under this Ordinance;
“totally protected animal” means any animal specified in Part
I of the First Schedule;
“totally protected plant” means any plant specified in Part I of the Second Schedule;
“transport” means carry in, by or on a bicycle or any form of motorized vehicle or craft, including lorry, articulated lorry, truck, van, 4-wheel drive, car, motorbike, motor scooter, express boat or any other type of boat, aeroplane or helicopter;
“Warden” means a Wild Life Warden appointed under section 3(2);
“wild animal” means any species of animal which exists or occurs in the wild state in Sarawak or elsewhere in the world;
“wild life” means any species of wild animal or wild plant;
“Wild Life Officer” means any officer appointed under section 3(1) and (2), and includes an Honorary Wild Life Ranger appointed under section 8;
“Wild Life Sanctuary” means any area of land (including any marine, estuarine or freshwater areas) constituted as Wild Life
Sanctuaries under the provisions of Part III;
“wild plant” means any species of plant which exists or occurs in the wild state in Sarawak or elsewhere in the world.
(2)
A reference in this Ordinance to the “Yang di-Pertua
Negeri” shall be construed as a reference to the Yang di-Pertua Negeri acting in accordance with the advice of the Majlis Mesyuarat Kerajaan
Negeri or of a member thereof acting under the general authority of the Majlis.