(t) Natwithstanding-anything in this Act, the-Minister animal or totally protected wild bird if the person—
(a) makes a written application for a special permit stating the grounds for-making the-application; :
[Pt. V, S. 51-54] ) satisfies the conditions prescribed by order wil espect to the payment of deposits fees and oth conditions. 2) A special permit shall be for a period not exceeain ne month and shall specify the totally protected wil animal or the totally protected wild bird to be shot killed or taken. 3) Any person to whom a special permit is grante ursuant to this section shall not shoot kill or take th totally profected wild animal or the totally protected wild bird specified in the special permit unless he is accompanied by an officer or an authorized officer and where the person contravenes the provisions of this section he shall be Siemed to-have committed-an-offence-under-section-97: <AA697
Notwithstanding anything in this Act, any member of Aborigines Peopboriginan ceo, 1954y ay shoot kinor tabe wid man animals and the wild birds described in Schedules Two and Four as deer, mouse deer, game birds and monkeys for the purpose of providing food for himselt or his family.
Any officer or an-authorized officer acting bona fide Wildlife in the exercise of his powers may shoot kill or take any may shoot, wild animal or wild bird if- / etc. any
(a) the wild animal or wild bird is a danger to human animals or life or property; wild birds
(b) stuteings osa fhe pare or die witd animat or wiid even if protected. bird; oI
(c) he is accompanying the holder of a special permit pursuant-to-section 51 A 337 issuccar mhcec
(1) Notwithstanding anything in this Act, any owner Owner or or occupier of land may use birdlime for the bona fide destruction of grain-eating birds found damaging may use Of birdlime destroying growing cereals during the period when the crop to destroy is ripe or ripening: grain-eating Provided that the owner or occupier shall when the crop is reaped effectively destroy any birdlime and any containers sticks, or other material upon which birdlime has been used.
[Pt. V, S. 54-55] •.
(2) A Game Warden oLau authorized offieer may give directions
(a) as to the setting of the birdlime; and
(b) as to ensure adequate supervision and control over the use of the birdlime.
(3) Any person authorized to use birdlime shall comply with the directions. Stogireied
(1) Notwithstanding anything in any other section and save as provided in this section where a wild animal or a protectior f crods wild bird is causing or there is reason to believe that it is about to cause serious damage to crops vegetables fruit growing timber domestic fowls or domestic animals in the possession of an owner or occupier of land, the owner or Lauy pesson occupier or his servants ora Game Wardez or an authorized appocrixed offieer may shoot kill or take the wild animal or the wild cucer sectin 4e bird if—
(a) he first uses reasonable efforts to frighten away the A 337 wild animal or the wild bird (including the firing into the air of a firearm); and
(b) these reasonable efforts fail to frighten away the wild animal or the wild bird.
(2) An owner or occupier of land pursuant to this section shall report the details of the damage (if any) and the species of the wild animal or the wild bird to any officer or to-an authorized officer notwithstanding that no wild animal or wild bird is shot killed or taken, and where the owner or occupier has shot killed or taken the wild animal or the wild bird he shall, unless he is licensed to do so, make the same report ama ge pursuani do simaction (i) birhas easeiedo ei0 s0 it shall not be shot killed or taken. /
(4) Any wild animal or wild bird shot killed or taken in pursuance of this section shall be the property of the auf pesson State and shall without delay be handed to/the Game rppocnted mucl Warden er-an authorized officer. • secttoi 4(1)
[Pt. V, s. 56-58]
(1) Notwithstanding anything in any section other than Wild human life, the person shall be absolved from guilt only in froteted. in respect of the second mentioned act pursuant to section 94.
(2) For the purposes of this section an "immediate danger to human lte arises when there is reason to believe that if the wild animal is not shot killed or taken it may cause loss of human life.
(3) Where pursuant to this section any person shoots kills or takes any wild animal with the object of saving human life he shall (unless he is licensed to shoot kill or take the wild animal) forthwith report the matter to any officer or an authorized officer and where the person wounds the wild animal the provisions of section 102 shall apply. /
(4) Any wild animal shot killed or taken in pursuance of his section shall be the property of the State and shall with• ut delay be handed to the-Game Warden or anauthorized an (AA697 officer.
Where any person is found setting placing using or Is Presumptior of attempotherwise in possession of any animal or bird (Wild Or ting t otherwise) in such circumstances that there is reason to sifdecoye. suspect that the person is using the animal or the bird as used. decoy or bait for the purpose of attracting any wild animal or wild bird, it shall be presumed until the contrary is proved that the person was attempting to shoot kill or take à wild animal of a wild bird.
Save as provided in sections 59 and 60 every person Preingpuion other than of posses-
(a) a licensed dealer in the course of his business; sion of
(b) a licensed taxidermist in the course of his business;
(c) a licensed hunter;
(d) a person who is licensed to house confine or breed a protected wild animal or a protected wild bird under paragraph (d) of section 29, other than as a dealer or taxidermist; or
[Pt. V, S.58-62]
(e) a person who is licensed to import and export protected wild animals or protected wild. birds pursuant to paragraph (e) of section 29, wild bird.
Where arising out of posses-
(a) any of the persons described in paragraphs (a), (b), sion of
(d) and (e) of section 58 is found to be in possession animal, of a wild animal or a wild bird in excess of the etc. by. authorized number of the wild animals or the wild authorized persons. birds specified in the licence granted to him pursuant hor paut heref țo section 31; or
(b) a licensea nunter is tound to be in possession of a wild animal or a wild bird Lo bact thereo
(i) in excess of the authorized humber of wild animals or wild birds specified in the licence granted to him pursuant to section 31; or
(ii) during the close season declared for the wild anımal or the wild bird, A4697 he shall be deemed until the contrary is proved to have shot killed or taken the wild animal or the wild bird.
Every person (including the persons described in paraarising out of posses- il graphs (a), (b), (d). and (e) of section 58) other than a sion of licensed hunter, who is in possession of a recently killed or recently killed wild wounded wild animal or wild bird shall bedeemed until (orpart the contrarv is proved to have shot killed or taken the wild Hhereof apresunied (An6n)animal or the wild bird. .
Where the Chief Game Warden or a Game Warden testifies in court under oath that any spring gun sharpened 1Sulo.AA697 stake pit drop spear (penurun) on metal wire snare fierat) is d/A337 L ferat a share, it shall be deemed untill the contrary is proved to be afstare.
Where a person is convicted of an offence under this of abetment. Act for shooting killing or taking a wild animal or a wild bird or for attempting to commit the offence it shall be presumed until the contrary is proved that any other person was abetting the convicted person if the other person at the time the offence was committed—
(a) was found in the company of the convicted person; and or
IPt. V-VI, C. 1, S. 62-64]
(b) was carrying a poison poisoned bait decoy net birdlime firearm blowpipe bow and arrow spear catapult or any other weapon (whether of the same genus or not) capable of shooting killing or taking any wild animal or wild bird. ona jercet
Where a wild animal ef,a wild bird is found in any building it shall be deemed until the contrary is proved that against ccuple the occupier of the building is in possession of the wild IPreslimed (MAGA animal or, the wild birg and where there is more than one "½or the jered occupier in the building the occupier of the portion in which A3B7 the wild animal or the wild bird is found shall be /deemed <Ins. AA697 'until the contrary is proved to be the occupier for the purposes of this section.
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).
