(1) This Act may -be cited as the Protection of Wild Life Short title, application Act, 1972. and commencement.
(2) This Act shall apply only to West Malaysia:
(3) This Act shall come into force on such date as the Minister may by notification in the*Gazette appoint. 2: (1): The Wild Animals and Birds Protection Ordinance, savings and 1955 is hereby iepealed. transitional.
(2) Save as provided in this Act expressly or by necessary 2/55. implication-
(a) all persons , things and circumstances appointed or created by or under any of the repealed law or existing or continuing under any of the repealed law immediately before the commencement of this Act shall under and subject to this Act continue to have the same status, operation and effect as they respectively would have had if such law had not been so repealed; and
(b) in particular and without affecting the generality of paragraph: (a): such repeal shall not disturb the continuity of status operation of etect of any order/
[Pt. I, S. 2-3] Interpretation. D/AA69T
In this Act unless the context otherwise requires— 21/60. /Ims.AAC9T subbaition: "close season" means a period (declared by the Minister rom time to time by order in the Gazette pursuant to section 31) during which specified protected wild animals o. protected wild birds shall not be shot killed or taken; "dealer" means any person who carries on the business of a dealer in wild animals or wild birds by—
(a) housing confining or breeding any wild animal or wild bird for sale; or
(b) selling any wild animal or wild bird live or dead or part thereof as food or for medicinal purposes whether the same is imported or not; "frearm" means arm within the meaning of the Arms Act, 1960; "immature wild animal" means the offspring of a wild animal which does not satisfy the standard of maturity prescribed in Schedule Six for the wild animal and which may not be shot;killed or taken; "immature wild bird" means the offspring of a wild bird which owing to its immature state has not developed the capacity for flight, and which may not be shot killed or taken; / "'erat" means any snare which is used for, and capable of, taking or killing any wild animal or wild bird, "licensed hunter" means any person who is granted ? licence under this Act to shoot kill or take a protected wild animal or a protected wild bird as specified in the licence, other than an immature wild animal or immature wild bird;
IPt. I, S. 3] :. "Minister" méans the Minister responsible for protection of wild life; "nest" means-
(a) in relation to a wild animal, any abode den or lair or any other structure (whether of the same genus or not) which is being constructed or is being used by wild animals for-
(i) the procreation or spawning;
(ii) the protection; or
(iii) the nurture; of immature wild animals or the eggs of wild animals: and
(b) in relation to a wild bird, any structure or device which is being constructed or is being used. by wild birds for-
(i) the laying of their eggs;
(ii) the incubation of their eggs; or
(ii) the protection or nurture of immature wild birds; "officer" means an officer appointed under subsection (1) of section 4; "open season" means a period (declared by the Minister from time to time by order in the Gazette pursuant to section 31) during which specified protected wild animals . or taken by licensed hunters or other persons as provided in this Act; "poison" means any of the substances which are poisonous to wild animals or wild birds as described in Schedule Seven or any other substances which are certified by a Chemist of the Government to be poisonous to wild animals or wild birds unless the contrary is proved; "poisoned bait" means any bait attractive to wild animals or wild birds which is coated with, immersed in, powdered with or otherwise impregnated with poison; "protected wild animal" or "protected wild bird" means a wild animal or wild bird described in Schedule Two and Schedule Five ór Schedule Four respectively which may be shot/killed or taken or be held in possession by a licensed hunter, a licensed dealer or other persons as provided in this Act and the conditions prescribed in the licenice; /
56/65. [Pt. I, S. 3] • "reserved forest" means any land which under the provisions of any written law in force in West: Malaysia relating to forests is for the time being reserved forest; "reserved land" m'anierved le N*t ional Landy oeserved land within the "salt lick" includes any mineral spring or ground containing or bearing salt or any other mineral (whether of the ame genus or not), the consumption of which is conduciv o the health or well being of wild animals "shoot" includes to shoot or shoot at, with any blow-pipe, arrow, spear catapult or with any other missile or projectile (whether of the same genus or not) which is capable of being discharged, launched or directed by any means what- "State land" means State land within the meaning of the 56/65. National Land Code; .: "take" incluides to snare; net or capture by any means whatsoever; "taxidermist" means any person who carries on the business of a taxidermist by—
(a) preparing or preserving the skin or feathers of, or stuffing or mounting, any wild animal or wild bird or part thereof for sale;
(b) manufacturing or creating any article or thing from any wild animal or wild bird or part thereof for sale; or
(c) purchasing for resale such manufactured article or thing; "totally protected wild animal" or "totally protected wild bird" means a wild animal or wild bird described in Schedule One or Schedule Three respectively which shall not be shot, killed or taken or be held in possession by any person excépt as provided in Part V of this Act; "trophy" means—
(a) the skin or feathers of any wild animal or wild bird (Sub.AA697 as the case may be) /which have been prepared e wreserved: 1 (b) any wild animal or wild bird/or part thereof whieh L Sub.AA697 has been stuffed or mounted; or
[Pt. I-II, C. 1, S. 3-4] 'fe) any horn task tooth or nail-which has not been sub.A1697 prepared of preserved; "vehicle" includes—
(a) aircraft;
(b) floating craft of every description; and
(c) any other structure (whether of the same genus or not)=
(i) capable of moving or being moved; or
(ii) used for the conveyance of any person or thing, and which maintains contact with the ground when in motion; "wild animal" means the mammals, reptiles and insects (protected or totally protected) described in Schedulés One, Îwo and Five whatever their state of maturity or immaturity notwithstanding that they may be tamed or bred in captivity; / wild bird" means the birds (protected or totally protected) described in Schedules Three and Four whatever their state of maturity or immaturity notwithstanding that they may be tamed or bred in captivity; "wild life reserve" means any area declared under Part IV to be reserved for the purposes mentioned in that Part; Pait ild to oe reseraed or tneparposes ndecad nner Part. PART II: ADMINISTRATION
(1) There shall be appointed a Chief Game Warden, such ment ofpe (3) 574/77 number of Game Wardens, Deputy Game Wardens, officers, etc. Assistant Game Wardens and Game Rangers as may be sub.AA697 considered necessary for the proper carrying out of the provisions of this Act.
(2) The Chief Game Warden may from time to time authorize any fit and proper person to exercise in an honorary capacity all or any oi the powers conterred on a Game Warden under this Act for such period as may be specified in the authorization. * Change of litle fffice -See (Pu(B) 574/22)
D/AAG97 [Pt. II, C. 1-2, S. 4-6] F.M.S. ap. 45 4.35 Declaration of authority.
(3) Subject to subsection (4) the Chief Game Warden shall have the superintendence over all other officers appointed or authorizeg under this section. /
(4) The Minister may from time to time give to the Chief same Warden directions of a general character and no nconsistent with the provisions of this Act as to the exercis of the powers conferred on or the duties to be discharged by the Chief Game Warden or any other officer appointed or authorized under this section. 5) Every appointment and authorzation under thi section shall be published in the Gazette
(6) All officers appointed of authorized under this section shall be deemed to be public servants within the meaning of the Penal Code. /
(7)>
(1) When any officer-or-authorized officer exercises any of his powers or performs any of his duties under this Act he shall declare his office ex authority (as-the easemay-be) and produce for inspection an authority card (describing his office or authority) to be prescribed by the Chicf Game Warden if-
(a) his act oi office or authority are challenged;
(b) he is acting against any person; or c) he exercises his powers oi search seizure or arres vithout a warrant to do so
(2) Notwithstanding anything to the contrary in this Act it shall not be an offence for any person to refuse to comply with any directions given by an officer-or authorized officer if the officer-or-authorized officer fails to comply with the requirements of subsection (1). .. CHAPTER 2 Search, Seizure and Arrest Search with
Where it appears to a Magistrate upon written informawarrant. tion under oath by any officer or authorized officer that— a) there is reasonable cause to suspect that an offenc ınder this Act is being committed
(b) any wild animal or "vild bird live or dead or part thereof is being housed confined kept concealed or bred (as the case may be); oI (:)
[Pt. II, C. 2, $. 6-8]
(c) any books or records required to be kept under this Act, trophy/poison or net capable of being used <Ins. AA697 to take any wild animal or wild bird, is kept or concealed in any vehicle or dwelling house shop business premisés or other building, he may issue a search warrant authorizing any officer at authorized officer named in the warrant to enter and search by day or night the dwelling house shop business premises or other building/ and to seize... A. 337
Notwithstanding anything to the contrary in section 6 a Search Game Warden/er-an quthorized offieer may without a search warrant. warrant/enter and search any vehicle or dwelling house <Sub.AA697 shop business premises or other building where—,
(a) acting under a warrant of arrest or exercising his 2 „ Дepиby бate iace Acd, he has reson to tispect tfa t the peso dea duy, oaae to be arrested is in the vehicle or dwelling house Game Wardeu shop business premises or other building; '
(b) the, Game Warden or the authorzed ofhcer finds any person committing or attempting to commit an offence or suspected of having committed an offence under this Act and follows or pursues that person ..: to the vehicle or dwelling house shop business premises or other building; or
(c) Sati Ced on Waritten Tinformateo Feceived that ån offence under this Act is being committed in the vehicle or dwelling house shop business premises or *and other building or land, A.337 check-point stop search and detain for a period not exceeding 24 hours any vehicle without a search warrant | (a) he finds any wild animal or wild bird in the vehicle;
(b) he has reason to suspect or satisfied that the vehicle is being used to convey the wild animal or wild bird . into or out of West Malaysia, and may seize such wild animal or wild bird.
Entry on land other than dwelling house, etc., to prevent offence. powers of search and seizure etc. consequent on search. [Pt. II, C. 2, S. 9-10] • py poson affaet u euder dector 1a) purpose of preventing of detecting any offence under this pbait (AA691) dwelling house shop business premises or other building.
(1) Where an officer or-anr-authorized afficer exercises the powers under sections 6 and 7, he may in addition—
(a) search any person in the vehicle or dwelling house shop business premises or other building but a female may be searched only by another female;
(b) detain any person found in the dwelling house shop business premises or other building unțil the search has been.completed;
(c) break open any door or any window of the dwelling house shop business premises or other building and forcibly enter therein; and
(d) inspect or make extract from or take possession of any books documents or papers kept for the purposes of this Act.
(2). Where an officer or an authorized-officer exercises the powers under section 9, he may-
(a) seize any wild animal or wild bird live or dead or part thereof trophy • firearm ammunition snare poison/poisoned bait nest or egg or any other object appliance weapon or material which is the subject. matter subpected of being used in ithe commssion of an offence under this Act;
(b) remove the objects appliances weapons or materials necessary, to the nearest police, station pending eventual removal to the office of the Game Warden to be retained in his custody for a period not sonared for an olenc or ay of ar ypocdi e under this Act in respect of the objects appliances weapons or materials are taken, in which case they may. be further cetäined urfi) the proceedings are finally concludedçand
(c) remove by force any obstruction impeding the exercise of his powers under that section.
[Pt. II, C. 2, S. 11-15]
Where an officer-or an authorized officer exercises the List of powers of search pursuant to sections 6, 7, 9 and 18 he shall prepare a list (signed by him) of all objects seized in the course of the search and a copy of the list shall without undue delay be sent to the owner or the person in charge of the véhicle or to the owner or occupier of the dwelling house shop business premises or other building or to his representative, personally or by post.
The officer or authorized offieer shall permit the occupier fo winers of the dwelling house shop business premises or other building or his representative, if either is present, to witness the search.
(1) Every search warrant granted under this Act shall Fenewanof search
(a) in the form prescribed by Schedule Eight; and
(b) remain in force for a reasonable period.
(2) A search warrant granted under this Act may be exécuted in any part of Malaysia and if not executed, may be renewed by a Magistrate. the po ers of sarohunder this chatrer, it ofice be xereises aleation, notice direct the owner of any cage enclosure or hut in in which which any wild animal or wild bird is housed confined or wild animal or wild bird bred to alter reconstruct or repair the cage enclosure or hut, is enclosed. if the officer or-authorized officer is satisfied that the cage enclosure or hut is not suitable for the comfort or well being of the wild animal or wild bird:
(2) The written notice shall specify
(a) the nature and extent to which an alteration reconstruction or repair is required; and
(b) the period within which the owner shall comply with the requirements of the written notice.
(1) Where it appears to a Magistrate upon written Arrest with information under oath by an officer or anauthorized warrant. officer that there is reasonable cause to suspect that a person has committed an offence under this Act, he may issue a warrant of arrest authorizing the officer-or-authorized officer to arrest the person..
(2) The officer or-authorized officer shall—
(a) show the warrant of arrest or a copy thereof to the person; Au.,z5 -Seli 1(6)
[Pt. II, C. 2, S. 15-18] Form and Arrest without warrant. powers of search and seizure consequent on arrest.
(b) notify the substance thereof to the person; and
(c) without unnecessary delay bring the person before a Magistrate to be dealt with according to law.
(1) Every warrant of arrest granted under this Act shall-
(a) be in the form prescribed by Schedule Nine; and
(b) remain in force for a reasonable period.
(2) A warrant of arrest granted under this Act may be executed in any part of Malaysią and, if not executed, may be renewed by a Magistrate. /
(1) Where an officer or-an-authorized-offieer-—.
(a) finds any person committing, attempting to commit or abetting the commission of an offence under this Act; or
(b) is satisfied on a demand or request by him that a person who is granted a licence permit or special permit under this Act, refuses to comply with the demand or request to produce the licence permit or special permit, he may arrest the person without a warrant of arresy
(2) Where a person-
(a) liable to be arrested without a warrant of arrest, is not arrested pursuant to subsection (1); or
(b) escapes while under arrest, he may subsequently be arrested or re-arrested (as the case may require) without a warrant of arrest. vor e ueaod not ekecing nwanlgiloe boume aner wicnh he shall forthwith bring the person before a Magistrate to Pfadealt with according to law.
Where an officer or an authorized officer arrests a person (with or without a warrant of arrest) under this Chapter, he may in addition search the person and if the person is arrested in a dwelling house shop business premises or other building, or on the land (described in section 9) search the dwelling house shop business premises or other building or the land (described in section 9).
[Pt. II, C. 2-4, S. 19-21] Sub, AA697
(1) Subject to subsections property seized under this Chapter is subject to speedy and property natural decay, a Game Warden or an authorized officer perishable. shall forthwith produce the property before a Magistrate who shall order that the property be sold forthwith or otherwise disposed of.
(2) Notwithstanding anything to the contrary in subsection (1) when no Magistrate is immediately avallable, a Game Warden shall subject to subsection (3) sell or otherwise dispose of the property as he thinks fit. sections (f) and na) the Gamme Wde en shoil nor fort wib. sell or otherwise dispose of the property it there are sufficient cold storage facilities in his office to preserve the property from decaying or perishing.
CHAPTER 3 — Investigation
(1) All offences under this Act shall be deemed to be Powersof seizable offences within the meaning of the Criminal Procedure Code; and a/Game Warden shall have all the i.Ms 28ub.4A697 special powers in relation to police investigations in seizable F.M.S. offences conferred on a police officer by Chapter XIII of 575-0up2t the Code. AtA324
(2) The provisions of sections 112 to 114 of the Criminal Procedure Code (F.M.S:Cap.-6) ar-seetions 123-10-125-0f ActA, 324 the Griminal Procedure Code-(S:S:-Cap:-2l)=as=theziease mayube shall apply to statements made by persons examined in the course of any investigation made under this section.
CHAPTER 4 — Court Proceedings etc
ox a Depuhy Garne Warden
(1) Save as provided in this section a Game Warden Compoundmay compound any offence under this Act but only theing of A357 Chief Game Warden may compound an offence under this Act in respect of a totally protected wild animal or a totally
(2) Protected Wild bird. 13X2) Wherethe Chief Game Warden-or-a Game Warden campounds an offence pursuant to subseetion-(1) he shall do so for a sum not moré than one half of the fine prescribed for the offence. I an alfices authorised under sub-section (1) a0 ds au offence pursuant so this seore
LPto: Entry on * land other than dielling house, etc., to prevent offence. powers of search and seizure etc. consequent on search. .. .. pbait (AA [Pt. II, C. 4, S. 22-25] ACT, 76 or a Seputy Game Wardeis Prosecutions.
A Game Warden/may conduct a prosecution in respect oi any otlence under this Act. Payment of rewards.
TheChief Game Warden may order such rewards as he may deem fit to be paid to any person for services rendered in connection with the detection of cases of oflences under this Act, or in connection with any seizures made under this Act. Protection of informer unless Court orders otherwise. soier or pemted o dta eini poeing sair te
(a) the name address and occupation (if any) of an informer; :(b) the substance of the information received from the informer; or
(c) any matter which might lead to the informer's discovery.
(2) Save as otherwise provided in subsection (3) if any books documents or papers which are in evidence or liable to inspection in any civil or criminal proceeding contain any entry in wnich any informer is named or described or which might lead to his discovery, the Court shall cause the entry or passage in which any informer is described or named to be concealed from view or obliterated so far only as may be necessary to protect the informer from discovery. y
(3) Notwithstanding anything to the contrary in subsections (1) and (2) the Court may require the production of the original information or complaint of thè informer (if in writing) permit enquiry and order full disclosure of the informer if after full 'enquiry into the case on a trial for any offence under this Act or in any other proceeding the Court is satisfied that—
(a) the informer wilfully made in his information or complaint a material statement which he knew or believed to be false or did not believe to be true; or
(b) substantial justice cannot be done without the disclosure of the informer. Mandatory order for orfeiture 1sub. AA69
On an application made by a /Game Warden, a Magistrate shall make an order for forfeiture, in respect of the following which is seized notwithstanding that no person is charged or convicted of an offence under this Act:
(a) any jerat, spring gun or drop spear;
[Pt. II C. 4-III, S. 25-29] :(b) any firearm (licensed or unlicensed) or any other weapon, poison/or poisoned bait which is- Kibait (AA697)
(1) used tor shooting killing or taking/a totally Xwild biramal or protected wild animal or a totally proteeted (Sub. AA697) wild bird; or
(ii) found in the possession of a person who is found in a wild life reserve or in a wild life sanctuary without the written permission of the/ Game Warden; or
(c) any wild animal or wild bird which is
(i) shot killed or taken or housed confined or bred in contravention of the provisions of this Act; or
(ii) the subject matter of an offence relating to cruelty to wild life.
A Magistrate may make an order for forfeiture in any Discreother case where any of the objects appliances weapons or materials which were seized pursuant to section 10 or forfeiture. 18, are the subject matter of or were used in the commission of an offence under this Act.
(1) When a Magistrate makes an order for forfeiture Order of pursuant to sections 25 and 26, he shall order that the subject matter of the order be delivered to the Game Warden. of the State in which the subject matter was seized.
(2) The Game Warden shall pursuant to subsection (1) dispose of the subject matter of the order as he deems fit subject to any directions (if any) given by the Magistrate as to the manner of disposal.
Nothing in this Act shall be construed so asto affectPowers of the powers conferred on a police officer or a Magistrate Magistrates under the Criminal Procedure Code. F.M.S. Cap. 6 ad бnS»€ap
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
