Protection of Wild Life Act 1972 Part VI — Offences and penalties

s 64

(1) Every person who unlawfully shoots kills or takes Unlawfully a totally protected wild animal or a totally protected wild etc. totally bird (other than an immature totally protected wild animal wild life or or immature totally protected wild bird or the female of a mere possession totally protected wild animal or of a totally protected wild thereof. bird) is guilty of an offencę, and shall on conviction be liable ot a apit onene codtio ele me rane nr to bo to a corm fruggiet 160 of imprisonment not exceeding te years or to both. (2) Every, person (other than the persons described in sections 64 (1), 65, 66 and 67) who is in possession of or who carries on the business of a dealer or a taxidermist in respect of-* a) a totally protected wild anımai gr a totally protecte vild birdTor a trobley thereo A 337 (b) the nest or the egg of a totally protected wild animal or a totally protected. wild bird, is guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand dollars or to a tern Lruiggit of imprisonment not exceeding sif mohtls or to both. _AA697

IPt. VI, C. 1, S. 65-71] shooting etc.

s 65

Every person who unlawfully shoots kills or takes an immature immature totally protected wild animal or an immature otally protected wild bird is gulity of an oftençe and sha ( ruiggrto n conviction be liable to a fine not exceeding thiée thousane ave-hundree do ars or to a term of imprisonment not exceeding two and a h half years or to both. shooting etc.

s 66

Every person who unlawfully shoots kills or takes the female of temale of a totally protected wild animal or of a totally protected Wlld bird is guilty of an offence and shall on wild life. conviction be liable to a fine not exceeding fout thousand 1 suiggaetl6 eass or to both. sobars or to a term of imprisonment not exceeding thiet Damaging etc. nest

s 67

Every person who unlawfully takes or damages or or egg of destroys the nest or egg of a totally protected wild animal or a totally protected wild bird is guilty of an offence and wild life. shall on conviction be liable to a fine not exceeding twofive <ruiggit thousand fve hundred /dollars or to a term of imprisonment AeA 160 not exceedingfone and a half years or to both. shooting etc.

s 68

Every person who unlawfully shoots kills or takes a protected wild animal or a protected wild bird (other than wild life. an immature protected wild animal or an immature protected wild bird or the female of a protected wild animal b. AA697 or of a protected wild bird) is guilty of an offence and reviggit shall on conviction be liable to a fine not exceeding one thousand/dollars or to a term of imprisonment not exceeding +c7(60 one year or to both. shooting etc.

s 69

Every person who unlawfally shoots kills or takes the female of female of a protected wild animal or of a protected wild wild life. ird is gutlty of an offence and shall on conviction be liabl ireuggli to a fine not exceeding two thousand/dellars or to a term o 2016c imprisonment not exceeding one and a half years or to both. shooting etc. immature

s 70

Every person who unlawfflly shoots kills or takes an immature protected Wild animal or an immature protected wild life. wild bird is guilty of an offence and shall on conviction be lable to a fine not exceeding one thousand seven hundred (suigget (dollars or to a term of imprisonment not exceeding fifteen Aef l60 months or to both. Damaging etc. nest

s 71

Every person who unlawiully takes or damages or or egg of destroys the nest or egg of a protected wild animal or a wild life. rotected wild bird is gullty of an ottence, ana shalo onviction be liable to a fine not exceeding tweive hündre 'suicgit (sollars or to a term of imprisonment not exceeding wree Aet 160 grantho or to both. (1 [Pt. VI, C. 1, S. 72-74]

s 72

Every person who- (a) unawuly shots kills or takes a wild animal or a penaly (b) unlawtully takes or damages or destroys the nest or aa a wild bird in a wild life sanctuary; egg of a wild animal or a wild bird in a wild (c)life sanctuary; or in a wild is guilty of an offence and shall on conviction be liable (in sanctuary, A4697 oftencej to a tine not excpeninty,froygesd/ otlay ot to d ruiggit a term of imprisonment not exceeding six menths or to both.

s 73

(1) Every person who- (a) unlawfully shoots kills or takes a wild animal or a penalty where wild bird in a wild life reserve; or person (b) unlawfully takes or damages or destroys the nest damages etc. nest or or egg of a wild animal or a wild bird in a wild life egg of reserve, / in a wild life reserve. is gullty of an ofience and shall on conviction be liable 2 ruiggif (2) For the purposes of this section any licensed hunter who enters a wild 'life reserve without a permit authorizing him to do so and commits either of the acts described in subsection (1) shall be deemed to be guilty of an offence pursuant to that subsection.

s 74

(1) Every person who shoots kills or takes a totally Addittonal protected wen/aptmal at aitot and psix eedole in the peao o tened to t ana ontcr planal rorided, shoots etc.f thirty (2) Save-as provided in subsection (3), every person (whether he is a licensed hunter or otherwise) who shoots kilis or takes a protected wild animal or a protected wild bird other than during the hours permitted and prescribed by the Minister in respect of the specified protected wild animal or protected wild bird pursuant to an order made under paragraph (f) of section 31, is guilty of an offence and shall on conviction be liable (in addition to any other [Pt. VI, C. 1-2, S. 74-77] 1A69Y Lreagget eot exceding sieer edoiae or ro aferm) i prisnment Schedule Two as flying fox (Pteropus vampyrus and phypomelanus) (Kluang) between six o'clock in the morning and eleven o'clock at night. Presumption 75. Every person who shoots kills or takes a wild animal of unlawfully or a wild bird shooting, etc. wild (a) without a licence permit or special permit to do so; life (b) during the close season (in the case of a protected wild animal or a protected wild bird) declared for the protected wild animal or the protected wild bird; or (c) in excess of the number permitted and authorised in the licence permit or special permit, in the case of protected wild animal or protected wild bird, shall be deemed to have unlawfully shot killed or taken the wild animal or the wild bird (totally protected or protected as the case may require). d/1337 Setting of jerat or possession thereof, etc. A697 (rugait jèrat Setting etc. poison etc. • bait (AR691) 1A697 Aseiggst Aet 160

s 76

(1) Every person who sets places or uses any jerat, spring gun or explosive for the purpose of shooting killing or taking any wild animal or wild bird is guilty of an offence and shall on conviction be liable to a fine not exceeding reě thousand dollars or to a term of imprisonment not (2) Every person (unless in possession of a written authorty from the Chief Game Warden) who is in possession of a metał-wire-jerat of-drop-spear is guilty of an offence and shall on conviction be liable to the same penalty prescribed ynder subsection (1). (7. (1) Every person who sets places or uses any poiso: volsoned bait or birdlime (subiect to the provisions of Part 1 relating to birdlime) or net for the purpose of killing or taking any wild animal or wild bird is guilty of an offence shall ony conviction be liable to a fine not exceeding red dollars or to a term of imprisonment not exceeding tfreo mrntas ot to both. year [Pt. VI, C. 2, S. 77-80] (2) Ihis section shall not apply to any public servant who places or uses any poison in the course of his official duties for the purpose of destroying agricultural pests or noxious Ae ie etreor ue te peio. vegetation subject to the supervision of the Game Warden

s 78

Every person who shoots kills or takes a protected wild Shooting animal or a protected wild bird with a weapon other than prodited any weapon which is specified by the Minister pursuant to section 31 as being a weapon for the shooting killing or weapoable taking of a specified wild animal or wild bird is guilty of an AAG9T

s 79

Every person who— Shooting etc. wild (a) shoots kills or takes any wild animal or wild bird life within a quarter of within a quarter of a mile of any salt lick; a mile of a salt lick. (b) is in possession of any firearm bow and arrow blowpipe spear catapult or any other weapon (whether of the same genus or not) which is capable of shooting killing or taking any wild animal or wild bird within a quarter of a mile of any salt lick; or (c) waits in any place, builds any platform or shelter or sets or places any unlawful snare poison poisoned bait birdlime or net for the purpose of shooting killing or taking any wild animal or wild bird within a quarter of a mile of any salt lick or within a , quarter of a mile of any approach to any salt lick, is guilty of an offence and shall on conviction be liable (in addition to any other penaltyth peovided for any other 4A697 offenice) to a fine riot exceeding Ond thousand /dollars or to / rugget a term of imprisonment not exceeding stx montas or to both.

s 80

Every person who shoots kills or takes any wild animal Shooting or wild bird from any vehicle is guilty of an offence and shall on conviction be liable (in addition to any other AA.697 eoain re ea olane o co a erto of impr noe / ruiggif ment not exceeding one mohth or to both. Acfl60 [Pt. VI, C. 3, S. 81-86]

igget

s 83

(1) Every person who carries on the business of a dealer without a licence or licences is guilty of an offence and shall or to a term of imprisonment not exceeding st* ruiggit Act i60 or to both in respect of each licence where more than one licence is required. (2) Every person who carries on the business of a taxidermist without a licence or licences is guilty of an offence rggix Lct 160 exe- thns ane oeriaet or o bible no ar ingp noo naeoc ingd exceeding site hs or to both in respect of each licence where more than one licence is required Dealer or taxidermist

s 84

Every dealer or taxidermist (as the case may be) who ourchasing purcnases trom or seils on behalt of an unlicensed hunter, rom etc any protected wild animal or protected wild bird live or dead unlicensed hunter. or part thereot is gullty of an otience and shall on convictior Anto ruiggit be liable to a fine not exceeding five hundred dollars or te a term of imprisonment not exceeding threl mottbs or Selling to an

s 85

Every person who sells any protected wild animal or unlicensed protected wild bird live or dead or part thereof to an aler i xidermis unlicensed dealer or an unlicensed taxidermist is guilty of ueor wuiggit excefing eane fallocons orion a tein bof to pa snmeot Purchasing / 86. Every person (other than a dealer or taxidermist) who purchases a protected wild animal or a protected wild bird live or dead or part thereof from an unlicensed dealer or an unlicensed hunter or a trophy from an unlicensed taxidermist is guilty of an offence and shall on conviction be IPt. VI, C. 3-4, S. 86-91] liable to a fine not exceeding tiedfeuard ruiggi or to a term of imprisonment not exceeding one adbfitft or to both. Aet 160 4A697 section) is guilty of an offence and shall on conviction be lable to a fine not exceeding f7ththarea term of imprisonment not exceeding three months or to both. meiggit n0 8. Every licensed hunter who faiis to record in the appro- Luntese oriate space provided for in his licence either of the particulars prescribed by section 36 (whenever the circum- feiingto stances so require pursuant to that section) is guilty of an anfonviction be liable to a fine not ted dollars or to a term of imprisonment ruiggut not exceeding thren

s 89

Every dealer or taxidermist who fails to display his licence authorizing him to carry on the business of a dealer failing to or taxidermist, in a conspicuous portion of his place of licence. business, is guilty of an oftence fibd Shausai conviction be liable to a fine not exceeding five hilhared collars or to prfgek a term of imprisonment not exceeding thiee months or to both.

s 90

Every person who on a demand or request made by an Failureto officer or-an--authorizedmofficer, refuses to produce for Picenceon inspection any licence granted to him under this Act is imprisonment not exceeding threo months or to both.

s 91

(1) Save as otherwise provided in this section, every Disturbing person who knowingly disturbs any salt lick or the land in the immediate vicinity of any salt lick (which land if disturbed would render the salt lick unattractive or unsafe to any wild anamal to a inte oot exceffence gad shousand ruigget conviction be liable to a fine not exceeding corars or to a term of imprisonment not exceeding sito months or to both. Cruelty to ruiqat Aetilo [Pt. VI, C. 4, S. 91-92] (2) For the purposes of this section "disturb" includes to remove or agitate any soll mineral water tree undergrowth or other vegetation in or on the salt lick or in or on the land in the immediate vicinity of the salt lick. (3) This section shall not apply to- (a) the Government of the Federation; Malaysia (b) the Government of any State; oI c) any corporation company firm or individua uthorized or permitted by the Government of the Federation or of any State, acting or to act (as the case may require) in pursuance of any rural development scheme, urban development scheme or industrial undertaking.

s 92

(1) Save as otherwise provided in this section every person who- (a) beats kicks infuriates terrifies or tortures any wild animal or wild bird; (b) neglects to supply sufficient food or water to any wild animal or wild bird which he houses confines or breeds; (c) houses confines or breeds any wild animal or wild bird in such a manner so as to cause it unnecessary pain or suffering including the housing confining breeding of any wild animal or wild bird in ansngage enclosure or hut which is not suitable: conducive to the comfort or health of tk animal or wild bird; / (d) uses any wild animal for performing or assisting in the performance of any work or labour which by reason of any infirmity wound disease or any (e) uses incites provokes or infuriates any wild animal or wild bird for the purpose of baiting it or tor fighting with any other wild animal or wild bird or manages any premises or place for any of these purposes; (f) wilfully does or wilfully omits to do anything which ifscomtort to asns aryd aniceas or sud erird, pain or a suiltooeacectieeindiooasanodellzio oneer nne not exceeding • imprisonment not exceeding six months or to both tiree year. Holaysia [Pt. VI, C. 4, S. 92-96] (2) This section shall not apply to any person who wounds any wild animal or wild bird in the course of lawfully shooting killing or taking it under and subject to this Act.

s 93

Where a person is found guilty of an offence under Court section 97 (where it relates to section 14) the court may in may order, addition to imposing any penalty or in lieu of any penalty to pay offender orderexpenses (a) that the person be probibited from housing confining bim trom r breeding any protected wild animal or protected housing et vild bird for a period not exceeding nive years commencing on the date of the order; and (b) that any expenses incurred including veterinary treatment and the transporting feeding contining o1 burying the wild animal or the wild bird be borne by the person.

s 94

Save as otherwise provided in section 56, every person Abusing who wounds or provokes any wild animal with the object exception conferred by of availing himself of the exception conferred by section 56, section 56 is guilty of an offence and shall on conviction be liable (in / daition to any other penalty provided ior any other ottenc AA 697 o a fine not exceeding fne thousand dollars or to a teri of imprisonment not exceeding six metiths or to bí чeugget Aetlee

s 95

Where any person other than- (a) (i) members of the armed forces; penalty for carrying (ii) members of the visiting forces (as defined in the weapon in Visiting Forces Act, 1960); or a wild life sanctuary. (ili) police officers, 23/60. acting in the course of their official duties; or (b) officers or authorized officers, carries a firearm blowpipe bow and arrow or spear in a wild ute sanctuary he is guilty of an oftence and shall or conviction be liable (in addition to any other penalty eedine on ara e ro oten o img non monr bol 44697 ruiggit

s 96

Where any person other than- (a) (i) members of the armed forces; penalty for carrying (ii) members of the visiting forces (as defined in the weapon in Visiting Forces Act, 1960); or a wild life reserve. (iii) police officers; 23/60. acting in the course of their official duties; IPL VIICA4-VII, S. 96-99] (b) officers or authorized-officers; or (c) licensed hunters authorized to enter a wild life reserve, Cite rese ferearis blotypi aboand arnd s or ocon a yil ruiggit bey obie ofencey tn to fane not es peadily lre isafbeand dellars or to a term of imprisonment not.exceeding three AA697 Acf/60 ienera enalts

s 97

Every person who contravenes— (a) the provisions of this Act; (b) any order made by a Magistrate or the Minister pursuant to this Act; (c) any direction given by the Chief Game Warden, a Game Warden or an authorized offieer pursuant to AA691 ruigit Abetment attempt. (d) the provisions of any regulation made under this (e) the condi spasia perengirements prescribed in his where no penalty is provided, is guilty of an offence and Shaouson, conviction be liable to a fine not exceeding threêne hundred dollars or to a term of imprisonment not exceeding one taonth or to both.

s 98

Every person who abets or attempts to commit an offence under this Act is guilty of an offence and shall n conviction be liable to the same penalty provided fo he principal offence