Section 109
Release of things seized
of Wildlife Conservation Act 2010
If any wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing has been seized under this Act, the enforcement officer who
64 Laws of Malaysia effected the seizure may, after referring to the Public Prosecutor, release the wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing to the person as he determines to be lawfully entitled to it, if the wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing is not liable to forfeiture under this Act, and is not otherwise required for the purpose of any proceedings under this Act or for the purpose of any prosecution under any other written law.
(2)
A record in writing shall be made by the enforcement officer effecting the release of the wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing under subsection (1) specifying in detail the circumstances of and the reason for the release, and he shall send a copy of the record to the Public Prosecutor within seven days of the release.
(3)
For the purpose of this section, the enforcement officer effecting the seizure, the Federal Government or any person acting on behalf of the Federal Government shall not be liable to any proceedings by any person if the seizure and the release of the wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing had been effected in good faith.