The New Wildlife Act :
118. Hybrid deemed a controlled wildlife
Requirement for permit
10. (1) Subject to the provisions of this Act, no person shall—
(b) operate a commercial captive breeding;
unless he holds a permit granted under this Act.
(2) Where the zoo, commercial captive breeding, circus or
wildlife exhibition operation involves any totally protected wildlife,
the person shall obtain a special permit pursuant to section 11 in
respect of the totally protected wildlife.
Requirement for licence
9. (1) Subject to the provisions of this Act, no person shall—
(a) hunt or keep any protected wildlife;
(b) take or keep any part or derivative of any protected
wildlife;
© collect birds’ nests;
(d) carry on the business of dealing;
(e) carry on the taxidermy business;
(f) import, export or re-export any protected wildlife or any
part or derivative of any protected wildlife,
unless he holds a licence granted under this Act.
Collecting birds’ nests without licence
64. Any person who collects birds’ nests without a licence
commits an offence and shall, on conviction, be liable to a fine
of not less than twenty thousand ringgit and not more than fifty
thousand ringgit or to imprisonment for a term not exceeding
two years or to both.
Sale of birds’ nest by birds’ nest collector
41. (1) A birds’ nest collector shall sell birds’ nest collected by
him only to a licensed dealer or licensed taxidermist.
(2) Any birds’ nest collector who contravenes subsection (1)
commits an offence and shall, on conviction, be liable to a fine
not exceeding twenty thousand ringgit or to imprisonment for a
term not exceeding one year or to both.
Power of arrest
93. (1) An enforcement officer may arrest without warrant
any person whom he reasonably believes has committed or is
attempting to commit an offence under this Act or any of its
subsidiary legislation.
(2) An enforcement officer making an arrest under subsection
(1) shall, without unnecessary delay, bring the person arrested
to the nearest police station, and thereafter the person shall be
dealt in accordance with the law relating to criminal procedure
for the time being in force.
Search and seizure with warrant
94. (1) If it appears to a Magistrate, upon written information
on oath from an enforcement officer and after such inquiry as
the Magistrate considers necessary, that there is reasonable cause
to believe that—
(a) any premises has been used; or
(b) there is in any premises evidence necessary to the conduct
of an investigation into,
the commission of an offence under this Act or any of its subsidiary
legislation, the Magistrate may issue a warrant authorizing the
enforcement officer named in the warrant, at any reasonable time
by day or by night and with or without assistance, to enter the
premises and if need be by force.
Search and seizure without warrant
95. If an enforcement officer is satisfied upon information received
that he has reasonable cause to believe that by reason of delay
in obtaining a search warrant under section 94 the investigation
would be adversely affected or evidence of the commission of
an offence is likely to be tampered with, removed, damaged or
destroyed, the enforcement officer may enter the premises and
exercise in, upon and in respect of the premises all the powers
referred to in section 94 in as full and ample a manner as if
he were authorized to do so by a warrant issued under that
section.
Power to enter premises
98. Notwithstanding sections 94 and 95, an enforcement officer
may at any time enter any premises for the purposes of—
(a) inspecting any wildlife, part or derivative of any wildlife,
conveyance, book, record, document or thing as he
considers necessary;
(b) verifying the accuracy of records or statements or any
information given to an enforcement officer; or
© collecting samples of any wildlife or part or derivative
of any wildlife.
Issue of receipt
44. (1) A licensed dealer, licensed taxidermist and birds’ nest
collector shall, at the time of each sale, issue a receipt of sale
to the purchaser.
(2) Any licensed dealer, licensed taxidermist or birds’ nest
collector who contravenes subsection (1) commits an offence
and shall, on conviction, be liable to a fine not exceeding ten
thousand ringgit or to imprisonment for a term not exceeding six
months or to both.
Limitation on granting licence or permit
32. (1) The licensing officer may grant licences or permits
according to the prescribed quota.
(2) Notwithstanding subsection (1), the licensing officer with
the approval of the Minister may, from time to time, grant licences
or permits in addition to the prescribed quota.
Setting up, etc., an obstruction on road, etc.
100. (1) The Director may, if he suspects that an offence under
this Act or any of its subsidiary legislation has been committed,
give directions to any enforcement officer to get the assistance
of the police to set up or place an obstruction or roadblock on
any public road or highway or any public place, for the purpose
of stopping any vehicle for examination.
(2) An enforcement officer who stops any vehicle under
subsection (1) may exercise all the powers referred to in
section 101.
Power to stop, search and seize conveyance
Well it looks to me as if the Honourable Prime Minister is unable to control his Government, as this act will destroy his ability to expand the Swiflets Industry as is his purported wish from earlier speeches. If I were in the Governments of neighbouring countries I would be celebrating. once again, the stupidity of the Malaysian Government and it's ability to curtail it's own countries economic success, to their financial benefit.
Petition your local YB's to stop this act from becoming law without excluding the Swiflet Industry from it's Draconian conditions, or continue trading at your own peril..
Mar 21 2010, 03:36 PM
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