Section 2
Interpretation
(1)
In this Act, unless the context otherwise requires —
“aircraft” means any machine that can derive support in the atmosphere from the reaction of the air;
“airport” means any place which has been prescribed under the
Customs Order, 2006 (S 39/2006) as a customs airport;
“animal” means any member of the animal kingdom, including without limitation any mammal, fish, bird, amphibian, reptile, mollusc, arthropod or other invertebrate, but does not include human beings;
“Appendix” means the Appendix I, II or III to the Convention and any amendment thereto which may come into force;
“Appendix I” means the Appendix I to the Convention which lists all species threatened with extinction which are or may be affected by trade;
“Appendix II” means the Appendix II to the Convention which lists all species that are not threatened with extinction but may become so if trade is not regulated;
“Appendix III” means the Appendix III to the Convention which lists all species identified by any party to the Convention that require regulation in its jurisdiction for the purpose of preventing
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or restricting exploitation and require the cooperation of other parties in the control of trade;
“authorised officer” means —
(a)
any police officer;
(b)
any officer of customs, as defined in section 2(1) of the
Customs Order, 2006 (S 39/2006); or
(c)
any public officer appointed by the Minister under section 5;
“Convention” means the Convention on International Trade in
Endangered Species of Wild Fauna and Flora signed at
Washington, District of Columbia on the 3rd day of March 1973
and any amendment made thereto which has come into force and has been accepted by the Government;
“country” includes a territory;
“cruel treatment” in relation to any animal, means the infliction upon that animal of pain or suffering that in its kind or degree, or in its object, or in the circumstances in which it is inflicted, is unreasonable or unnecessary;
“Director” means the Director of the Department of Agriculture and Agrifood, and includes the Deputy Director of Agriculture and Agrifood;
“dwelling house” means any building or part of a building that is suitable for residential accommodation of any kind; and includes every garage, shed and other building used in connection therewith, but does not include the land appurtenant to a dwelling house;
“export” means the shipment of any specimen in any vehicle to a country outside Brunei Darussalam; but does not include the re-export of any specimen or the shipment in transit of any specimen outside Brunei Darussalam;
“import” means the shipment of any specimen in any vehicle into the territorial limits of Brunei Darussalam; but does not include the introduction from the sea of any specimen or the shipment in transit of any specimen into the territorial limits of
Brunei Darussalam;
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“introduce from the sea” means introduce into Brunei Darussalam a specimen from any marine environment not under the jurisdiction of any country;
“management authority” means —
(a)
in relation to Brunei Darussalam, the Director;
(b)
in relation to any other country, the management authority appointed by that country for the purposes of the
Convention;
“Minister” means the Minister of Primary Resources and Tourism, and includes the Deputy Minister of Primary Resources and
Tourism;
“personal or household effect” means —
(a)
personally owned or possessed for non-commercial purposes;
(b)
legally acquired; and
(c)
at the time of import, export or re-export —
(i)
worn, carried or included in personal baggage; or
(ii)
included in goods which are part of a household move;
“plant” means any angiosperm, gymnosperm, fern or fern ally;
and includes any moss, liverwort, alga, including cyanophyte, lichen, fungus or related organism;
“port” means any area declared to be a port under section 3 of the
Maritime and Port Authority of Brunei Darussalam Act
(Chapter 222);
[S 22/2017]
“re-export” means the export of any specimen that has previously been imported, whether or not in the same form as at the time of its importation;
“Scientific Authority” means the Scientific Authority specified in section 6(1);
“species” means any species, sub-species, variety, form or geographically separate population thereof;
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“specimen” means —
(a)
any animal or plant, whether alive or dead; or
(b)
any recognisable part or derivative thereof which appears from an accompanying document, the packaging or a mark or label, or from any other circumstances, to be a recognisable part or derivative of an animal or plant of species included in the Appendix, unless such part or derivative is specifically exempted from the Convention;
“trade” means export, import, re-export or introduce from the sea;
“vehicle” means any means of transport, whether or not self-propelled, that may travel by land, sea or air, and includes any aircraft or vessel;
“vessel” includes any ship or boat or any other description of vessel used in navigation.
(2)
Every specimen of any species listed in Appendix I —
(a)
in the case of an animal, bred in captivity; or
(b)
in the case of a plant, artificially propagated, shall, for the purposes of this Act, be deemed a specimen of a species listed in Appendix II.
(3)
Any reference to the appropriate management authority or to the appropriate scientific authority shall be read as a reference to the management authority or scientific authority determined by the Director to have the scientific competence to comment on the species under consideration.
(4)
Any reference to the relevant authority of a country shall be read as a reference —
(a)
where that country is a party to the Convention, to the appropriate management authority of that country; or
(b)
where that country is not a party to the Convention, to the competent authority of that country within the meaning of Article X of the Convention.
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(5)
For the avoidance of doubt, it is hereby declared that sections 14 to 17 apply to specimens of species listed in Appendix I that are deemed, by virtue of subsection (2), to be specimens of species listed in
Appendix II.