Amendment Act · As enacted
Wildlife Conservation (Amendment) Act 2022
Feedback & supportAmends the Wildlife Conservation Act 2010Official textFrom Laws of Malaysia Online, unchanged
This Act may be cited as the Wildlife Conservation
(Amendment) Act 2022.
This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette and the Minister may appoint different dates for the coming into operation of different provisions of this Act.
s 2Amendment of section 3
The Wildlife Conservation Act 2010 [Act 716], which is referred to as the “principal Act” in this Act, is amended in section 3—
by deleting the definition of “licensed taxidermist”;
by substituting for the definition of “export” the following definition:
‘ “export” means to take or cause to be taken out of Peninsular Malaysia or the Federal Territory of
Labuan, by land, sea or air, any wildlife or any part or derivative of any wildlife;’;
in the definition of “wildlife”, by substituting for the words
“or protected” the words “, protected or controlled”;
by inserting after the definition of “wildlife” the following definition:
‘ “controlled wildlife” means any wildlife specified in the Fifth Schedule;’;
by substituting for the definition of “import” the following definition:
‘ “import” means to bring or cause to be brought into Peninsular Malaysia or the Federal Territory of
Labuan, by land, sea or air, any wildlife or any part or derivative of any wildlife;’;
by inserting after the definition of “aborigine” the following definition:
‘ “wildlife exhibition” means an activity of temporarily displaying wildlife and open to the public;’;
by inserting after the definition of “enforcement officer”
the following definition:
‘ “captive breeder” means a person who is granted a permit to operate a commercial captive breeding under this Act;’;
by substituting for the definition of “commercial captive breeding” the following definition:
‘ “commercial captive breeding” means a process of wildlife breeding in captivity through parents that mated, or through any reproduction methods, in a controlled environment for commercial purposes;’;
Wildlife Conservation (Amendment)
by deleting the definition of “taxidermy business”;
by deleting the definition of “controlled species”; and
by substituting for the definition of “business of dealing”
the following definition:
‘ “business of dealing” means a business involving the carrying out of the following activities:
selling or purchasing for resale any protected wildlife or totally protected wildlife, or any part or derivative of any protected wildlife, totally protected wildlife or controlled wildlife, as food or for medicinal purposes;
selling or purchasing for resale any part or derivative of any protected wildlife, totally protected wildlife or controlled wildlife;
selling or purchasing for resale any protected wildlife or totally protected wildlife as pets; or
selling or purchasing for resale any offspring of any protected wildlife or totally protected wildlife from commercial captive breeding including any part or derivative of such offspring.’.
s 3Amendment of section 9
Section 9 of the principal Act is amended—
in subsection (1)—
in paragraph (b), by inserting after the words
“protected wildlife” the words “or controlled wildlife”;
by substituting for paragraph (d) the following paragraph:
“(d) carry out the business of dealing involving any protected wildlife or any part or derivative of any protected wildlife”;
by deleting paragraph (e);
in paragraph (f), by substituting for the words
“derivative of any protected wildlife,” the words
“derivative of any protected wildlife or controlled wildlife;”; and
by inserting after paragraph (f) the following paragraph:
“(g) carry out the business of dealing involving any part or derivative of any controlled wildlife,”; and
in subsection (3), by deleting the words “or taxidermy business”.
s 4Amendment of section 10
Section 10 of the principal Act is amended—
in subsection (1)—
in paragraph (d)—
by deleting the word “protected”; and
by substituting for the comma at the end of the paragraph a semi colon; and
by inserting after paragraph (d) the following paragraphs:
“(e) carry out research or study in a wildlife reserve or wildlife sanctuary;
operate a wildlife rehabilitation facility;
Wildlife Conservation (Amendment)
operate a wildlife training facility;
operate a wildlife boarding facility;
carry out wildlife competition;
carry out wildlife control services; or
use any wildlife in the performance of any religious, customs or cultural activities,”; and
by substituting for subsection (2) the following subsection:
“(2) Where any activity under paragraph (1)(a), (b),
or (f) involves any protected wildlife or totally protected wildlife, the person shall obtain a licence to keep the protected wildlife pursuant to section 9 or a special permit to keep the totally protected wildlife pursuant to section 11, as the case may be.”.
s 5Amendment of section 11
Section 11 of the principal Act is amended—
by renumbering the existing provision as subsection (1);
in subsection (1) as renumbered—
by deleting paragraph (d);
by deleting paragraph (e); and
by inserting after paragraph (e) as deleted the following paragraph:
“(f) carry out the business of dealing involving any totally protected wildlife or any part or derivative of any totally protected wildlife,”; and
by inserting after subsection (1) as renumbered the following subsection:
“(2) For the purposes of paragraph (1)(f), a separate special permit is required for each activity of dealing.”.
s 6Amendment of section 17
Section 17 of the principal Act is amended—
in subsection (1)—
by substituting for paragraph (a) the following paragraph:
“(a) carry the licence, permit or special permit while hunting any wildlife, taking any part or derivative of any wildlife, carrying out research or study in a wildlife reserve or wildlife sanctuary, carrying out wildlife competition, carrying out wildlife control services or using any wildlife in the performance of any religious, customs or cultural activities; or”; and
by substituting for paragraph (b) the following paragraph:
“(b) display the licence, permit or special permit at a conspicuous place at his premises, if he is a licensed dealer, captive breeder or a holder of a permit to operate a zoo, wildlife exhibition, wildlife rehabilitation facility, wildlife training facility or wildlife boarding facility; or”; and
in subsection (2)—
by substituting for the words “ten thousand ringgit”
the words “fifty thousand ringgit”; and
by substituting for the words “six months”
the words “three years”.
Wildlife Conservation (Amendment)
s 7Amendment of section 21
Subsection 21(2) of the principal Act is amended—
by substituting for the words “ten thousand ringgit”
the words “fifty thousand ringgit”; and
by substituting for the words “six months” the words
“three years”.
s 8Amendment of section 22
Subsection 22(2) of the principal Act is amended—
by substituting for the words “ten thousand ringgit”
the words “fifty thousand ringgit”; and
by substituting for the words “six months” the words
“three years”.
s 9New section 25a
The principal Act is amended by inserting after section 25
the following section:
“Altering, etc., licence, permit or special permit 25a. (1) No person shall—
alter, forge, mutilate or deface any licence, permit or special permit; or
knowingly use any licence, permit or special permit which has been so altered, forged, mutilated or defaced.
Any person who contravenes subsection (1) commits an offence and shall, on conviction—
where such person is an individual, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding seven years or to both; or
where such person is a body corporate, be liable to a fine not exceeding two hundred thousand ringgit.”.
s 10Amendment of section 28
Section 28 of the principal Act is amended by substituting for the words “or wildlife exhibition” wherever appearing the words “, wildlife exhibition, wildlife rehabilitation facility, wildlife training facility or wildlife boarding facility”.
s 11Substitution of section 29
The principal Act is amended by substituting for section 29
the following section:
s 29“Prohibition of possessing, etc., snares
No person shall possess, keep, set, place or use any snare except for the purposes of carrying out wildlife research or study on any wildlife.
Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine of not less than fifty thousand ringgit and not more than one hundred thousand ringgit and to imprisonment for a term not exceeding ten years.”.
s 12Deletion of section 30
The principal Act is amended by deleting section 30.
Wildlife Conservation (Amendment)
s 13Amendment of section 34
Section 34 of the principal Act is amended by substituting for the words “or wildlife exhibition” the words “, wildlife exhibition, wildlife rehabilitation facility, wildlife training facility, wildlife boarding facility or a holder of a permit to carry out wildlife control services”.
s 14Amendment of section 36
Section 36 of the principal Act is amended—
in the shoulder note, by inserting after the words
“Licensed hunter” the words “or holder of special permit to hunt”;
in subsection (1), by inserting after the words “a holder of a special permit” the words “to hunt”; and
in subsection (2)—
by inserting after the words “licensed hunter”
the words “or holder of a special permit to hunt”;
by substituting for the words “ten thousand ringgit”
the words “fifty thousand ringgit”; and
by substituting for the words “six months” the words
“three years”.
s 15Amendment of section 37
Section 37 of the principal Act is amended—
in the shoulder note, by inserting after the words
“Licensed dealer” the words “, etc.,”;
in subsection (1)—
by inserting after the words “licensed dealer”
the words “, holder of a special permit to carry out the business of dealing or captive breeder”;
in paragraph (d), by deleting the word “and”;
in paragraph (e), by substituting for the full stop at the end of the paragraph the words “; and”; and
by inserting after paragraph (e) the following paragraph:
“(f) the record of birth, mortality and loss of commercial captive bred wildlife.”; and
in subsection (2)—
by inserting after the words “licensed dealer”
the words “, holder of a special permit to carry out the business of dealing or captive breeder”;
by substituting for the words “ten thousand ringgit”
the words “fifty thousand ringgit”; and
by substituting for the words “six months” the words
“three years”.
s 16Deletion of sections 38 and 39
The principal Act is amended by deleting sections 38 and 39.
s 17Amendment of section 40
Section 40 of the principal Act is amended—
by substituting for the shoulder note the following shoulder note:
“Sale of wildlife by licensed hunter or holder of special permit to hunt”;
in subsection (1)—
by inserting after the words “licensed hunter”
the words “or holder of a special permit to hunt”;
Wildlife Conservation (Amendment)
by substituting for the words “protected wildlife”
the words “any wildlife”; and
by substituting for the words “or licensed taxidermist”
the words “, holder of a special permit to carry out the business of dealing, captive breeder or holder of a permit to operate a zoo”; and
in subsection (2)—
by inserting after the words “licensed hunter”
the words “or holder of a special permit to hunt”;
by substituting for the words “twenty thousand ringgit” the words “fifty thousand ringgit”; and
by substituting for the words “one year” the words
“three years”.
s 18Amendment of section 41
Section 41 of the principal Act is amended—
in subsection (1), by deleting the words “or licensed taxidermist”; and
in subsection (2)—
by substituting for the words “twenty thousand ringgit” the words “fifty thousand ringgit”; and
by substituting for the words “one year” the words
“three years”.
s 19Amendment of section 42
Section 42 of the principal Act is amended—
by substituting for the shoulder note the following shoulder note:
“Purchase of wildlife by licensed dealer or captive breeder”;
by substituting for subsection (1) the following subsection:
“(1) A licensed dealer or captive breeder shall purchase or acquire any protected wildlife, or any part or derivative of any protected wildlife or controlled wildlife, only from—
a licensed hunter, holder of a special permit to hunt, licensed dealer or captive breeder; or
the Director General, the Director or any officer authorized by the Director General, where it is sold by the Director General, the Director or the officer authorized by the Director General pursuant to this Act.”;
by inserting after subsection (1) the following subsection:
“(1a) A holder of a special permit to carry out the business of dealing or captive breeder shall purchase or acquire any totally protected wildlife or any part or derivative of any totally protected wildlife only from—
a holder of a special permit to hunt, holder of a special permit to carry out the business of dealing or captive breeder; or
the Director General, the Director or any officer authorized by the Director General, where it is sold by the Director General, the Director or the officer authorized by the Director General pursuant to this Act.”;
in subsection (2)—
by substituting for the words “licensed taxidermist”
the words “captive breeder”;
by substituting for the words “twenty thousand ringgit” the words “fifty thousand ringgit”; and
by substituting for the words “one year” the words
“three years”; and
Wildlife Conservation (Amendment)
by inserting after subsection (2) the following subsection:
“(3) Any holder of a special permit to carry out the business of dealing or captive breeder who contravenes subsection (1a) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.”.
s 20Amendment of section 43
Section 43 of the principal Act is amended—
in the shoulder note, by inserting after the words
“licensed dealer” the words “or holder of special permit to carry out business of dealing”;
by inserting after subsection (1) the following subsection:
“(1a) A holder of a special permit to carry out the business of dealing may sell any totally protected wildlife during open season until the first thirty days of the close season and shall not henceforth sell any totally protected wildlife unless an open season is subsequently declared for the totally protected wildlife.”;
in subsection (2)—
by substituting for the words “twenty thousand ringgit” the words “fifty thousand ringgit”; and
by substituting for the words “one year” the words
“three years”; and
by inserting after subsection (2) the following subsections:
“(3) Any holder of a special permit to carry out the business of dealing who contravenes subsection (1a) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.
This section shall not apply to the sale of any offspring of any wildlife from a commercial captive breeding or any part or derivative of any offspring of any wildlife from a commercial captive breeding.”.
s 21Amendment of section 44
Section 44 of the principal Act is amended—
in subsection (1), by substituting for the words “licensed taxidermist” the words “holder of a special permit to carry out the business of dealing, captive breeder”; and
in subsection (2)—
by substituting for the words “licensed taxidermist”
the words “holder of a special permit to carry out the business of dealing, captive breeder”;
by substituting for the words “ten thousand ringgit”
the words “fifty thousand ringgit”; and
by substituting for the words “six months” the words
“three years”.
s 22Amendment of section 45
Section 45 of the principal Act is amended—
in subsection (1)—
by inserting after the words “re-export”
the words “any wildlife or part or derivative of any wildlife”;
by inserting after the words “such wildlife”
the words “or part or derivative of the wildlife, with a different tagging number”; and
Wildlife Conservation (Amendment)
in paragraph (d)—
by inserting after the word “container”
the words “or enclosure”; and
by inserting after the word “wildlife”
the words “or part or derivative of the wildlife”;
in subsection (2), by deleting the words “or labelling”;
by inserting after subsection (2) the following subsection:
“(2a) The holder of a licence, permit or special permit shall not alter or replace the tag or label without prior consent of the licensing officer.”; and
in subsection (3)—
by substituting for the words “twenty thousand ringgit” the words “fifty thousand ringgit”; and
by substituting for the words “one year” the words
“three years”.
s 23Amendment of section 46
Subsection 46(2) of the principal Act is amended—
by substituting for the words “twenty thousand ringgit”
the words “fifty thousand ringgit”; and
by substituting for the words “one year” the words
“three years”.
s 24Amendment of section 48
Section 48 of the principal Act is amended by inserting after subsection (2) the following subsection:
“(2a) A written application under subsection (2) shall be made in such manner as determined by the Director General and shall be accompanied by prescribed fees.”.
s 25Substitution of section 49
The principal Act is amended by substituting for section 49
the following section:
s 49“Prohibition of certain acts in wildlife reserves and wildlife sanctuaries
No person shall in a wildlife reserve and wildlife sanctuary—
hunt any wildlife, animal or bird;
take, disturb, damage or destroy the nest or egg of any wildlife, animal or bird; or
disturb, cut, remove or take any soil, timber or vegetation.
Notwithstanding subsection (1), a holder of a permit to carry out research or study in any wildlife reserve or wildlife sanctuary or any person who has been granted a written permission under section 48 to enter a wildlife reserve or a wildlife sanctuary for the purposes of science may, with prior approval of the Director General, hunt any wildlife, animal or bird, or take or disturb the nest or egg of any wildlife, animal or bird, or take any other form of samples, in a wildlife reserve or wildlife sanctuary for the purposes of research, study or science.
Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one million ringgit or to imprisonment for a term not exceeding ten years or to both.”.
s 26Amendment of section 50
Subsection 50(1) of the principal Act is amended—
by inserting after the words “export,” the words
“re-export, carry out research on,”; and
by inserting after the word “wildlife” the words “or any part or derivative of any wildlife”.
Wildlife Conservation (Amendment)
s 27Amendment of section 51
Subsection 51(3) of the principal Act is amended—
by substituting for the words “ten thousand ringgit”
the words “fifty thousand ringgit”; and
by substituting for the words “six months” the words
“three years”.
s 28Amendment of section 53
Subsection 53(5) of the principal Act is amended—
by substituting for the words “ten thousand ringgit”
the words “fifty thousand ringgit”; and
by substituting for the words “six months” the words
“three years”.
s 29Amendment of section 54
Subsection 54(4) of the principal Act is amended—
by substituting for the words “ten thousand ringgit”
the words “fifty thousand ringgit”; and
by substituting for the words “six months” the words
“three years”.
s 30Amendment of section 55
Subsection 55(4) of the principal Act is amended—
by substituting for the words “ten thousand ringgit”
the words “fifty thousand ringgit”; and
by substituting for the words “six months” the words
“three years”.
s 31Amendment of section 60
Section 60 of the principal Act is amended—
in subsection (1), by substituting for the words “two years”
the words “three years”; and
by substituting for subsection (2) the following subsection:
“(2) Any person who commits an offence under subsection (1) and which offence involves any protected wildlife from the same species specified in the Eighth
Schedule, exceeding five heads, shall, on conviction, be punished with a fine of not less than fifty thousand ringgit or with imprisonment for a term not exceeding three years or with both.”.
s 32New section 60a
The principal Act is amended by inserting after section 60
the following section:
“Taking or keeping part or derivative of controlled wildlife without licence 60a. Any person who takes or keeps any part or derivative of any controlled wildlife without a licence commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.”.
s 33Amendment of section 61
Section 61 of the principal Act is amended—
by substituting for the words “not exceeding one hundred thousand ringgit” the words “of not less than twenty thousand ringgit”; and
by substituting for the words “five years” the words
“seven years”.
Wildlife Conservation (Amendment)
s 34Amendment of section 62
Section 62 of the principal Act is amended—
by substituting for the words “not exceeding one hundred thousand ringgit” the words “of not less than twenty thousand ringgit”; and
by substituting for the words “five years” the words
“seven years”.
s 35Substitution of section 63
The principal Act is amended by substituting for section 63
the following section:
s 63“Carrying out business of dealing without licence
Any person who carries out the business of dealing involving any protected wildlife, or any part or derivative of any protected wildlife or controlled wildlife, without a licence commits an offence and shall, on conviction—
where such person is an individual, be liable to a fine of not less than thirty thousand ringgit and not more than one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both; or
where such person is a body corporate, be liable to a fine of not less than fifty thousand ringgit and not more than one hundred thousand ringgit.”.
s 36Amendment of section 64
Section 64 of the principal Act is amended—
by substituting for the words “a fine of not less than twenty thousand ringgit and not more than fifty thousand ringgit” the words “a fine not exceeding fifty thousand ringgit”; and
by substituting for the words “two years” the words
“three years”.
s 37Amendment of section 65
Section 65 of the principal Act is amended—
in the shoulder note, by inserting after the words
“protected wildlife” the words “or controlled wildlife”;
by inserting after the words “any part or derivative of a protected wildlife” the words “or controlled wildlife”;
by substituting for the words “a fine of not less than twenty thousand ringgit and not more than fifty thousand ringgit” the words “a fine of not less than fifty thousand ringgit”; and
by substituting for the words “one year” the words
“fifteen years”.
s 38Substitution of section 66
The principal Act is amended by substituting for section 66
the following section:
s 66“Operating zoo, etc., without permit
Any person who operates—
a zoo without a permit commits an offence and shall, on conviction, be liable to a fine of not less than fifty thousand ringgit and not more than one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both;
a wildlife exhibition, commercial captive breeding or wildlife rehabilitation facility without a permit commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both; or
Wildlife Conservation (Amendment)
a wildlife training facility or wildlife boarding facility without a permit commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.”.
s 39Amendment of section 67
Section 67 of the principal Act is amended—
by deleting the word “protected”; and
by substituting for the words “two years” the words
“three years”.
s 40Amendment of section 68
Section 68 of the principal Act is amended—
in subsection (1), by substituting for the words
“not exceeding one hundred thousand ringgit” the words
“of not less than fifty thousand ringgit and not more than five hundred thousand ringgit”; and
in subsection (2)—
by substituting for paragraph (a) the following paragraph:
“(a) any totally protected wildlife specified in the Ninth Schedule or any part or derivative of such wildlife, shall, on conviction, be punished with a fine of not less than thirty thousand ringgit for each wildlife or part or derivative of such wildlife and to imprisonment for a term not exceeding fifteen years;”;
by deleting paragraph (b); and
by substituting for paragraph (c) the following paragraph:
“(c) any totally protected wildlife specified in the
Tenth Schedule or any part or derivative of such wildlife shall, on conviction, be punished with a fine of not less than one hundred and fifty thousand ringgit for each wildlife or part or derivative of such wildlife and to imprisonment for a term not exceeding fifteen years.”.
s 41Amendment of section 69
Section 69 of the principal Act is amended—
in subsection (1)—
by substituting for the words “not exceeding two hundred thousand ringgit” the words “of not less than twenty thousand ringgit for each immature totally protected wildlife”; and
by substituting for the words “ten years” the words
“fifteen years”; and
in subsection (2)—
by substituting for the words “one hundred and fifty thousand ringgit and not more than five hundred thousand ringgit” the words “two hundred thousand ringgit for each wildlife”; and
by substituting for the words “five years” the words
“fifteen years”.
s 42Amendment of section 70
Section 70 of the principal Act is amended—
in subsection (1), by substituting for the words
“not exceeding three hundred thousand ringgit”
the words “of twenty thousand ringgit for each female of a totally protected wildlife but such fine shall not exceed in the aggregate of five hundred thousand ringgit”; and
Wildlife Conservation (Amendment)
in subsection (2)—
by substituting for the words “two hundred thousand ringgit and not more than five hundred thousand ringgit” the words “two hundred and fifty thousand ringgit for each wildlife”; and
by substituting for the words “five years” the words
“fifteen years”.
s 43Amendment of section 71
Section 71 of the principal Act is amended—
by substituting for the words “a fine of not less than thirty thousand ringgit and not more than one hundred thousand ringgit” the words “a fine of twenty thousand ringgit for each totally protected wildlife or part or derivative of totally protected wildlife but such fine shall not exceed in the aggregate of one million ringgit”; and
by substituting for the words “three years” the words
“fifteen years”.
s 44Deletion of sections 72 and 73
The principal Act is amended by deleting sections 72 and 73.
s 45New section 73a
The principal Act is amended by inserting after section 73
the following section:
“Carrying out business of dealing without special permit 73a. Any person who carries out the business of dealing involving any totally protected wildlife or any part or derivative of any totally protected wildlife without a special permit commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.”.
s 46Amendment of section 74
Section 74 of the principal Act is amended—
by substituting for the words “twenty thousand ringgit”
the words “fifty thousand ringgit”; and
by substituting for the words “one year” the words
“three years”.
s 47Amendment of section 75
Section 75 of the principal Act is amended by substituting for the words “two years” the words “three years”.
s 48Deletion of section 76
The principal Act is amended by deleting section 76.
s 49Amendment of section 77
Section 77 of the principal Act is amended—
by substituting for the words “thirty thousand ringgit”
the words “fifty thousand ringgit”; and
by substituting for the words “one year” the words
“three years”.
s 50Amendment of section 78
Section 78 of the principal Act is amended—
by substituting for the words “twenty thousand ringgit”
the words “one hundred thousand ringgit”; and
by substituting for the words “one year” the words
“three years”.
Wildlife Conservation (Amendment)