WILD LIFE PROTECTION
ARRANGEMENT OF SE€TIONS
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Wild Life Protection Act is Brunei Act, cited as Act 102 1984, currently marked in force and first recorded in 1984.
Wild Life Protection
CAP. 102 1
Section
REVISED EDITION 1984
Chapter
ARRANGEMENT OF SE€TIONS
Short title 2.
Interpretation 3.
Appointment of Chief Game Warden and other officers
Wild Life Sanctuaries and acts prohibited therein 5.
Status of Land in sanctuary or game reserve 6.
Wild Life Sanctuary may include a Forest Reserve, etc.
B.L.R.O. 11/984
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Wild Life Protection
WILDLIFE
Protected animals 8.
Protected animals not be sold or kept 9.
Export of wild animals 10.
Licences 11.
Licences in respect of protected animals 12.
Right of person and property 13.
Destruction of dangerous or wounded animals 14.
Trophies and young animals fund
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Power of arrest and search 16.
Power to hold inquiry and attendance 17.
Power to compound offences 18.
Power to seize property 19.
Seizure of property when offender cannot be found 20.
Disposal of property by Court 21.
Who may prosecute 22.
Jurisdiction 23.
Protection of informers from discovery 24.
Reward for informers
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Wild Life Protection
PARTY
SCHEDULES AND RULES
Power to make rules and orders
SCHEDULES
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CAP. 102 3
B.L.R.O.Jil984
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Wild Life Protection
WILD LIFE PROTECTION ACT
Opening note
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This Act may be cited as the Wild Life Protection Short title
Act.
In this Act, unless the context otherwise requires
"Game Officer" means any officer appointed under section 3 to be Chief Game Warden, Depu-ty Chief Game Warden, a Game Warden or a
Game Ranger;
"State Land" has the meaning assigned to it by the
Land Code;
"hunt", "kill", "capture", mean hunting killing or capturing by any method, and includes attempts to kill or capture and the taking or disturbing of nests or eggs;
"protected animal" means any animal specified in the First Schedule;
"shoot" includes shooting at;
"trophy" means the head, horn, tooth, tusk, bore, claw, hoof, skin, hair, feather, egg or any durable portion of any animal or the nest of any animal.
Interpreta-tion
Cap. 40 5
6
Appointment of Chief
Game War-den and other officers
Wild Life
Sanctuaries and acts prohibited therein
Wild Life Protection
His Majesty the Sultan and Yang Di-Pertuan may appoint a Chief Game Warden, a Deputy Chief Game
Warden and such number of Game Wardens, Game Ran-gers and other officers as he may consider necessary for the carrying out of the provision of this Act.
All such officers when appointed shall be subject to the direction of the Chief Game Warden.
Subject to the provisions of section 6, no person shall in a Wild Life Sanctuary
sho9t, hunt, kill, capture or take any anim-al, bird, fish or reptile or take or disturb the nest or eggs of any bird;
keep or carry any weapon or contrivance of any kind used for the taking, shooting, or killing of any animal, bird; fish or reptile;
quarry stone, burn lime or charcoal, or search for, collect or remove any forest produce or minerals;
Wild Life Protection
erect any building, or clear or break up any land for cultivation or for any other purpose; or
Whoever does any act in contravention of para-graph (a) of subsection (2) shall be guilty of an offence:
Penalty, imprisonment for one year and a fine of $2,000.
( 4) Whoever does any act in contravention of para-graph (b), (c), (d), (e), (f) or (g) of subsection (2) shall be guilty of an offence: Penalty, imprisonment for 6 months and a fine of $1,000.
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Nothing in this section shall be deemed to pro-hibit or render punishable any act done with the permission in writing of the Chief Game Warden.
Any area declared to be a sanctuary under the pro vi-Status of sions of section 4 shall be deemed to be land reserved for ;:n~~~~ry or public purpose.
game reserve
A Wild Life Sanctuary may include the whole or any WildLife part of a Forest Reserve or a Protected Forest, in which case ~anyc~~~:Jde a nothing herein contained shall prohibit or restrict the man-Forest Re-serve, etc.
agement of the Forest or Protected Forest.
WILDLIFE
No person shall hunt, kill or capture any protected animal otherwise than under and in accordance with the conditions of a licence issued under this Act: Penalty, im-prisonment for one year and a fine of $2,000.
Protected animals
8
Protected animals not to be sold or kept
Export of wild animals
Licences
Wild Life Protection
No persons, other than the holder of an appropri-ate licence issued under this Act shall sell or offer for sale or have in his possession any protected animal or any trophy or flesh thereof; unless the same has been lawfully acquired:
Penalty, imprisonment for 6 months and a fine of $1,000.
In any prosecution under this section, the onus of proving lawful acquisition shall be upon the person in pos-session of the protected animal or trophy or flesh thereof.
The Director of Museums shall be exempted from the provisions of this section and of section 9 in respect of acts done by him in good faith for a scientific purpose.
No person shall export any animal specified in the
First Schedule, except under and in accordance with the conditions of a licence issued under this Act: Penalty, im-prisonment for one year and a fine of $2,000.
Licences shall not be valid for a period exceeding one year or such shorter period as the issuing officer may, in any particular case, determine and shall not be transferable.
Subject to the provisions of section 11 fees at the rates specified in the Second Schedule shall be payable when such licence is issued, and no fee shall be refunded if the act authorised by such licence is not performed.
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Wild Life Protection
( 4) The holder of any licence under this Act shall carry such licence on his person when performing any act authorised by it, and shall produce it for inspection at the demand of any Game Officer.
Any licence issued under this Act shall be avail-able only for the locality specified therein.
( 6) The holder of any licence issued under this Act shall, as soon as such licence expires or is otherwise deter-mined, return it to the Game Officer at the place where it was issued.
When a licence to hunt, kill,_,capture, sell or ex-port expires or is otherwise determined, the licence-holder shall, before returning it to the Game Officer, endorse upon it the number and kinds of animals killed, captured, sold or exported.
Any person who contravenes the provisions of subsection (4), (6) or (7) or fails to comply with any special condition imposed under this section, shall be guilty of an offence: Penalty, imprisonment for 3 months and a fine of
$500.
Licences authorising any act mentioned in section 7
may be issued only for a scientific purpose and no fee shall be charged therefor.
Nothing in this Act shall be deemed to affect the right of any person to act in defence of his person, or the person of others, or in the defence of the property of that person or others.
may
The Game Officer or any person authorised by him
hunt, kill or capture any animal which the
Chief Game Warden has declared to be dangerous to life or property; and
Licences in respect of protected animals
Right of person and property 9
Destruction of dangerous or wounded animals
10
Trophies and
. young
, animals found
Power of arrest and search
Wild Life Protection
hunt, kill or capture any anin1al in order to prevent unnecessary suffering on the part of such animal.
Any person finding the trophy of a protected animal shall as soon as may be deliver or give notice of the finding of such trophy or flesh to the nearest Game Officer and such trophy or flesh shall be disposed of in such manner as the Chief Warden may direct.
Any person who, upon finding the progeny of any protected animal, has reason to believe that this prog-eny should still be under the care of its mother but that such care is not being afforded, shall be as soon as may be either deliver the anin1al to the nearest Game Officer or furnish him with all such particulars as may be necessary to enable the Game Officer to effect capture, and the animal be dis-posed of in such manner as the Chief Game Warden may direct.
The contravention of any provisions of this sec-tion shall constitute an offence: Penalty, imprisonment for 3
months and a fine of $500.
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Every officer making an arrest under this section shall, without unnecessary delay, take or send the person arrested to the officer in charge of the nearest police station, or to an officer empowered to compound the offence in accordance with section 17.
Whenever a Game Officer or Police Officer has reasonable cause to suspect that an offence under this Act has been committed, he may enter upon any land or premis-es for the purposes of carrying out the provisions of this Act, or for the purpose of preventing or detecting offences against this Act, and may search any vessel, vehicle, build-ing, enclosure or place under the control of the person sus-pected, his agents or servants.
Any Game Officer not below the rank of Game
Warden may, by notice in writing, require the attendance before him for purposes of investigation, at a time and place to be specified in the notice, of any person suspected of being concerned in offence under this Act.
If any such person refuses to attend as so re-quired the Game Officer may report the refusal to a magis-trate who may thereupon if he thinks fit, issue a summons or warrant to secure the attendance of that person as required by that notice.
( 1) Any Game Officer not below the rank of Game
Warden may accept from any person who has committed an offence under this Act a sum of money, not exceeding $100, in compensation for the offence committed:
Provided that no offence against the provisions of para-graph (a) of subsection (2) of section 4 or section 7 shall be so compounded without the approval of the Chief Game
Warden.
On the payment of such sum of money the per-son shall be discharged and no further proceedings shall be 11
Power to hold inquiry and attendance
Power to compound offences
12
.'Power to seize property
Seizure of property when offender cannot be found
Cap. 7
Wild Life Protection taken against him, and such property, if any, (other than any protected animal or trophy or flesh thereof) which has been confiscated as provided in this Part shall be disposed of in such manner as the officer concerned shall think fit.
All sums of money received compensation under this section shall be credited to the general revenue of
Brunei.
When there is reason to believe that an offence under this Act has been committed, any animal or trophy or flesh thereof, together with all weapons, instrun1ents and contrivances used in the commission of such offence, may be seized by any Game Officer or police officer.
Every officer seizing any property under this sec-tion shall place on such property, or on the receptacle, if any, in which it is contained, a mark indicating that it has been so seized, and shall, without unnecessary delay, make a report of such seizure to a magistrate having jurisdiction to try the offence in respect of which the seizure has been made:
Provided that, in .any case where such property has been seized in connection with an offence compounded under section 17, it shall not be necessary to report to a magistrate the seizure thereof, and such property shall be disposed of in such manner as the officer concerned shall think fit.
Where there is reason to believe that an offence under this Act has been committed by a person who is un-known or cannot be found, all property seized under section 18 in respect of the offence shall be taken possession of by a
Game Officer not below the rank of Game Warden who shall report the seizure to a magistrate, and the magistrate shall deal with the property as if it were the subject of a report to him under section 363 of the Criminal Procedure
Code.
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Wild Life Protection
CAP. 102 13 20.
When the trial of any offence under this Act is con-Disposal of eluded, any property that has been seized under the provi-t~Jr~rty by sions of this Act shall be disposed of as the Court may order.
Prosecutions in respect of offences committed under this Act or any rule made hereunder may be conducted by a
Game Officer or by any other person specially authorised in writing in that behalf by the Chief Game Warden.
The Court of a Magistrate shall have jurisdiction over all offences under this Act and, notwithstanding anything to the contrary which may be contained in the Criminal Proce-dure Code, shall have power to impose t)le full penalty.
( 1) Except as hereinafter provided, no witness in any proceeding under this Act shall be obliged or permitted to disclose the name and address of any informer or the subst-ance of the information received from him, or to state any matter which might lead to his discovery.
If any books, document or papers which are in evidence or liable to inspection in any proceeding under this
Act contain any entry in which an informer is named or described, or which might lead to his discovery, the Court shall cause that entry to be concealed from view or be obliterated, but only to the extent that is necessary to pro-tect the informer from discovery.
If, in a trial for any offence against this Act or any rule made hereunder, the Court after full inquiry, be-lieves that the informer wilfully made in his complaint a material statement which he knew or believed to be false or did not believe to be true or, if the Court is of the opinion that justice cannot be done without the discovery of the informer, it shall be lawful for the court to require the pro-duction of the original complaint, if in writing, and permit inquiry and require full disclosure concerning the informer.
Who may prosecute
Jurisdiction
Cap. 7
Protection of informers from discovery
14
Reward for informers
Power to make rules and orders
Wild Life Protection 24.
Where, in any proceedings under this Act, any fine is imposed, the court may award any sum or sums not exceed-ing one-half the total fine collected to any informer or infor-mers:
Provided that no such sum may be awarded to any police officer or to any person appointed to assist in the adminis-tration of this Act.
PARTY
SCHEDULES AND RULES
( 1) His Majesty in Council may make rules generally for carrying out the provision of this Act, and, in particular, such rules may provide for:
maturity standards for taking, hunting, kill-ing or capturing any kind of wild life;
the type of weapons, instruments and contri-vances which n1ay be used in taking, shooting or killing of wild life;
(/) granting exemption from anything provided by such rules;
appeal against or review of the exercise of any discretion vested by the rules in any Game
Officer; and
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Wild Life Protection
His Majesty in Council may, by order signified in the Gazette, amend any of the Schedules.
FIRST SCHEDULE
(Sections 2, 7, 8 and 9)
LIST OF ANIMALS
PART A: PROTECTEDANIMALS
English N arne
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Scientific Name
Native Name 1.
Long-nosed
Nasalis Larratus
Bangkatan (Malay)
monkey
Orang Belanda (Malay)
2.
OrangUtan
Pongo Pygmeaus
Mayas (Mala(?
OrangUtan Malay)
3.
Rhinoceros
Rhinoceros sumatrensis
Badak Kerbau (Malay)
4.
Earless Monitor
Lanthanotus
Kukang (Malay)
Lizard
Borneonis 5.
Tarsier.
Tarsius bancanus
Tempelileh sMalay)
lngkat (Iban 6.
Clouded Leopard
Neofelis nebulosa
Harimau dahan (Malay)
Rimau dahan 7.
Slow Loris
Nycticebus coucang
Ukang (Malay)
Rengkang (I ban)
8.
Reef Egret
Egretta Sacrs
Ujoh Laut (Malay)
9.
Cattle Egret
Bubulcus
Kenawai (Malay)
Coromandus
Burong Apuh (Iban)
10.
Storm's stork
Ciconia Stormi
Bangau (Malay)
11.
Lesser Adjutant
Stork
Leptoptilos javanicus
Burong Botak (Malay)
Luhong 12.
White-bellied
Haliacetus
Helang Laut (Malay)
Sea Eagle
Leucogaster 15
B.L.R.O.l/1984
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Wild Life Protection
English N arne
Scientific Name
Native Name 13.
Grev-headed
Ichthyophaga
Helang (Malay)
Fish.ing Eagle ichthyaetus 14.
Black-naped
Sterna Sumatrana
Tara2 (Malay)
Tern
Burong Laut
Entala Puteh
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15.
Brown-Winged
Sterna Anaetheta
Burong Laut Entala
Tern
Hitam (Malay)
16.
Pied Imperial
Ducula Bicolor
Peragam Burong (Malay)
Pigeon
Rawa (lhan)
' 17.
Storked Billed
Pelargopsis Capensis
Burong Raja Udang
Kingfisher
Fraseri
(Malay)
18.
Ruddy Kingfisher
Halcyon Coromando
Bekaka (Malay)
Minor 19.
Black Capped
Halcyon Pileata
Bekaka Burong Buaya
Kingfisher
(Malay)
20.
Great Argus
Argusianus Argus
Keruai (Malay)
Pheasant
Grayi 21.
Bulwer's Pheasant
Lophura hulwari
Ayam Hutan (Malay)
22.
Malaysian Peacock
Polyplectron
Merak (Malay and than)
Pheasant
Malacense 23.
White-Crested
Berenicornis Comatus
Sentuku (Ihan)
Horn bill
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24.
Bushv-Crested
Anorrhinus Galeritus
Kekalua (lhan)
Hornhill 25.
Wrinkled Hornhill
Aceros leucoccephalus
Alau huloh (Malay)
Corrugatus
Kejakoh (lhan)
26.
Wrethcd Hornhull
Aceros Undulatus
Alau sangoh (Malay)
Undan (lhan)
27.
Black Hornbill
Anthracoccros
Alau bahi (Malay)
Malaya nus
Likap Gagak/Rcngak
(I han)
28.
Pied Hornbill
Anthracoceros
Alau Pedada (Malay)
Coronatus
Bruic (lban)
29.
Rhinoceros
Buccros rhinoccdros
Loklang!Sangang
Horn bill bornconsis
(Malay)
Kcnyalang (Iban)
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Wild Life Protection
English Name
Scientific Name
Native Name 30.
Helmeted
Rhinoplux vigil
Luntudon (Malay)
Horn hill
Tu.iui (lban)
31.
Dugong
Dugong dugon
Doyung (Malay)
Duyong (!han)
32.
Green (or Edible
Chelonia mydas
Penyu Palua (Malay)
Turtle)
Penyu emegit 33.
Hawksbill Turtle
Eretmochelxs
Penyu sisik (Malay)
imhricita 34.
Leatherback
Dermochelys
Penyu timbo (Malay)
Turtle coriacea
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PART 8: OTHER ANIMALS THE EXPORT OF WHICH IS
FORBIDDEN EXCEPT UNDER LICENCE
(i)
Apes and monkey
(ii)
Bears
(iii)
Deer
SECOND SCHEDULE
(Section 10 (3) )
FEES
A.
Fee for a licence to export animals specified in the First Sche~
dule ................................... $50.00 per head.
B.
Fee for a licence under section 9 .................... $30.00 per month.
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XI
B.L.R.O. l!l984
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Wild Life Protection
THIRD SCHEDULE
(Section 10)
FORM OF LICENCE
(Not transferable)
Permission is hereby given to ...................................................... .
of (address) ............................................................................. .
to hunt, kill or capture/possess/sell/export* the following animal, name-ly:
the kind ................................................................... .
the number ............................................................... .
within the District of ................................................... .
subject to the provisions of the Wild Life Protection Act, and any rules made thereunder, and to the following special conditions, namely:
Date of Issue ................................ : .......................................... .
Valid to (date) ......................................................................... .
Fee $ .................................. (paid)
.......... i ............................................................. ..
Chief Game Warden/Game Warden.
*Delete as appropriate.
N .B.:
Where the licence is to kill, capture. sell or export. this licence is to be returned to the Chief Game Warden or Game Warden on expiration endorsed with the number of.. ........................ killed, captured, sold or exported*.
*Delete as appropriate.
NOTE:
This licence must be carried on the person of the licensee when he is engaged in performing the acts authorised.
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