Malaysia legislation
Section 35
Section 35
(2)
The sale or offer for sale of any wild mammal, bird, reptile or amphibian which is bred, reared or kept pursuant to subsection (1)
shall be regulated—
(a)
by conditions imposed in the licence issued thereunder;
or
(b)
where the sale or offer for sale is not carried out by the holder of a licence issued under subsection (1), in accordance with a licence for the sale thereof issued by the Controller.
(3)
Any person who contravenes subsection (1) or any condition of a licence issued for the purpose stipulated thereunder shall be guilty of an offence: Penalty, imprisonment for one year and a fine of ten thousand ringgit.
Display and production of licence 36.—
The holder of any licence issued under section 33(2) or 35 shall display the licence in a prominent place in his business premises where the public have access, and shall upon request by a
Wild Life Officer, a police officer or any person intending to make any purchase of wild animal or nest from him, produce his licence for inspection.
(2)
Upon request by a Wild Life Officer, a police officer or any person intending to make any purchase of wild animal, the holder of a licence referred to in subsection (1) must disclose and provide satisfactory proof of where he obtained the wild animal or nest or the origin thereof.
(3)
Any licence holder who contravenes subsection (1) or (2)
shall be guilty of an offence: Penalty, a fine of two thousand ringgit.
Possession of wild animal 37.—
No person shall, unless licensed under this Ordinance, have in his possession any species of wild animal:
Provided that—
(a)
a native residing within a Native Area Land or Native
Customary Land may have in his possession, for his own consumption or use, any wild animal or other recognizable part or derivative thereof; and
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(b)
any other person may have, for his own consumption, not more than five kilograms of wild animal.
(2)
Any person who contravenes subsection (1) shall be guilty of an offence: Penalty—
(a)
if the animal concerned is a totally protected species, the penalty shall follow those specified in subsection (1) of section 29 per individual animal and animal part in his possession;
(b)
if the animal concerned is a protected species, the penalty shall follow those specified in subsection (2) of section 29 per individual animal and animal part in his possession;
(c)
for all other species, the penalty shall be imprisonment for one year and a fine of two thousand ringgit per individual animal and animal part found in his possession.
(3)
Any person having in possession any wild animal exceeding the quantities stipulated in paragraph (b) of the proviso to subsection (1) shall be deemed to have intended to sell or offer for sale such wild animal, and be guilty of an offence under section 33(1).
(4)
The terms “Native Area Land” and “Native Customary
Land” in subsection (1) shall have the same meanings assigned thereto in the Land Code [Cap. 81 (1958 Ed.)].
Onus of proving lawful acquisition 38.
In any prosecution under section 29, 30, 33, 34 or 37, the onus of proving lawful acquisition or possession shall be upon the person in possession of the wild animal or wild plant or any recognizable part or derivative thereof.
Exemption 39.
The Minister may exempt any public officer acting in the course of his official or statutory duties and functions from the provisions of section 29, 30, 34 or 37 in regard to the taking, possession and transport of turtles or their eggs, or other wild animal or wild plant or any recognizable part or derivative thereof.
Licences 40.—
Licences required under this Ordinance may be issued by the Controller or any officer duly authorized in writing in that behalf by him, and subject to such conditions which the Controller or any such officer thinks fit to impose, and in such form as may be prescribed by the Controller.
(2)
Licences issued under this Ordinance shall be for a period not exceeding one year unless otherwise expressly stipulated in the licence.
(3)
Such licences shall not be transferred, sublet or assigned to any other person.
(4)
Fees at the rates prescribed by rules made under section 55
shall be payable when such licence is issued, and no fee shall be refunded if the act authorized by such licence is not performed.
(5)
The holder of any licence shall carry such licence on his person when performing any act authorized by it, and shall produce it for inspection on the demand of a Wild Life Officer.
(6)
Any licence issued under this Ordinance shall be available only for the locality specified therein.
(7)
The holder of any licence issued under this Ordinance shall, as soon as such licence expires or is otherwise determined, return it to a Wild Life Officer at the place where it was issued.
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(8)
Any person who fails to comply with subsection (3), or any condition of the licence issued under this Ordinance shall be guilty of an offence: Penalty, imprisonment for three months and a fine of one thousand ringgit.
Shooting, etc., of wild animals in certain circumstances 41.
Any Wild Life Officer (other than an Honorary Wild Life
Ranger) or any other person authorized by the Controller, acting bona fide in the exercise of his powers may shoot, kill, capture or take away any wild animal if—
(a)
the wild animal is a danger to human life or property;
or
(b)
it is necessary or expedient to prevent undue suffering on the part of the wild animal; or
(c)
it is established that the population of the wild animal in any area or place or river has grown to such an extent as to endanger that or any other species of wild animal or human beings thereat.
[Sub. Cap. A108.]
Shooting of wild animal causing immediate danger to human life 42.—
Notwithstanding anything to the contrary in this
Ordinance, if a wild animal, without provocation from any person, constitutes an immediate danger to human life, any person may shoot, kill, capture or take the wild animal.
(2)
For the purpose of this section, “an immediate danger to human life” arises where there is reason to believe that if the wild animal is not shot, killed, captured or taken, it may cause serious bodily injury to any person or cause loss of human life.
(3)
Where pursuant to this section any person shoots, kills, captures or takes any wild animal with the object of preventing serious body injury to any person or saving human life, he shall forthwith report the matter to the Controller or any other Wild Life Officer, and where the person wounds the wild animal, the provisions of section 42B shall apply.
(4)
Any wild animal shot, killed, captured or taken in pursuance of this section shall be the property of the State and shall without delay be handed over to a Wild Life Officer.
[Sub. Cap. A108.]
Shooting, etc., of wild animal for protection of crops 42A.—
Notwithstanding anything in any other provisions of this Ordinance and except as provided in this section, where a wild animal is causing or there is reason to believe that it is about to cause serious damage to crops, vegetables, fruits, growing timber, domestic fowls or domestic animals in the possession of an owner or occupier of land, the owner or occupier of land or his servants or any Wild Life
Officer (other than an Honorary Wild Life Ranger) may shoot, kill, capture or take the wild animal if—
(a)
he first uses reasonable efforts to frighten away the wild animal (including the firing into the air of a firearm); and
(b)
these reasonable efforts fail to frighten away the wild animal.
(2)
An owner or occupier of land shall report the details of the damage (if any) to his crops, animal or property and the species of the wild animal shot, killed, captured or taken under this section to a Wild
Life Officer.
[Ins. Cap. A108.]
Report on wounded animal to be made 42B.—
Any person who wounds a dangerous wild animal shall without unnecessary delay make a report (in this section referred to as a “danger report”) to—
(a)
any Wild Life Officer;
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(b)
any police officer; or
(c)
the District Officer of the District in which the dangerous wild animal was wounded, and the officer shall forthwith take down or record the danger report in writing.
(2)
For the purpose of this section, “dangerous wild animal”
means any wild animal which constitutes an immediate danger to human life.
(3)
The danger report shall specify or describe the dangerous wild animal, the time, date and place where it was wounded, and the weapon which inflicted the wound.
(4)
Where the person wounding the dangerous wild animal is by reason of serious injury unable to make a report, he shall at the first reasonable opportunity request some other person to make a danger report as prescribed by this section.
[Ins. Cap. A108.]
Sale of wild animal shot, etc.