Malaysia legislation

Section 24

of Wild Life Protection Ordinance, 1998

Section 24

(2)

No person shall in a Wild Life Sanctuary—

(a)

hunt, kill or capture any animal;

(b)

keep or carry any weapon, contrivance or material of any kind used for the taking, shooting or killing of any animal;

(c)

be in possession of, or use, any form of trap, snare, net or other contrivance for trapping or snaring animals; the only exception are nets being used for fishing by people with subsisting rights or privileges;

(d)

cut, collect, remove or be in possession of any wild plant or any part thereof;

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(e)

be in possession of any wild animal or any recognizable part or derivative thereof;

(f)

quarry stone, burn lime or charcoal, or search for, collect or remove any minerals, stone, or any other material;

(g)

erect any building or structure, or break up any land for cultivation or for any other purpose; or

(h)

kindle or ignite any fire or leave a fire burning.

(3)

Whoever does any act in contravention of paragraph (a) or

(e)

of subsection (2) shall be guilty of an offence: Penalty—

(a)

if the animal concerned is a rhinoceros, imprisonment for five years and a fine of fifty thousand ringgit;

(b)

if the animal concerned is an orang-utan or proboscis monkey, imprisonment for two years and a fine of thirty thousand ringgit;

(c)

if the animal concerned is a totally protected animal other than those mentioned in paragraph (a) or (b), imprisonment for two years and a fine of twenty-five thousand ringgit;

(d)

if the animal concerned is a protected animal, imprisonment for one year and a fine of ten thousand ringgit;

(e)

in the case of any other animal not mentioned in paragraphs (a), (b), (c) and (d), imprisonment for one year and a fine of two thousand ringgit or five times the sum which appears to the court to be the value of the wild animal hunted, killed or captured, whichever is the greater.

(4)

Whoever does any act in contravention of paragraph (d) of subsection (2) shall be guilty of an offence: Penalty—

(a)

if the plant concerned is a totally protected plant, imprisonment for two years and a fine of twenty-five thousand ringgit;

(b)

if the plant concerned is a protected plant, imprisonment for one year and a fine of ten thousand ringgit;

(c)

in the case of other wild plant not being a totally protected plant or protected plant, imprisonment for one year and a fine of two thousand ringgit or five times the sum which appears to the court to be the value of the wild plant cut or removed, whichever is the greater.

(5)

Whoever does any act in contravention of subsection (1), or paragraphs (b), (c), (f), (g) and (h) of subsection (2), shall be guilty of an offence: Penalty, imprisonment for one year and a fine of five thousand ringgit.

(6)

No road or railway shall be built within the boundaries of a

Wild Life Sanctuary, except with the written permission of the

Minister.

(7)

Before any written permission is given under subsection

(6)

, the Minister shall be satisfied that—

(a)

the construction of such road or railway through a Wild

Life Sanctuary is essential and in the public interests;

(b)

there is no alternative route or site for such road or railway outside the Wild Life Sanctuary;

(c)

an environmental impact assessment of such road or railway through a Wild Life Sanctuary has been undertaken and approved by the Natural Resources and Environment Board constituted under the Natural Resources and Environment

Ordinance [Cap. 84 (1958 Ed.)], and that all conditions and measures to mitigate against any adverse environmental impact have been complied with, or implemented, in the construction of the roads or railways.

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