WILDLIFE CONSERVATION ENACTMENT 1997
(Enactment No. 6 of 1997)
In exercise of the powers conferred upon him by section 105 of the Wildlife Conservation Enactment 1997, the Minister of Tourism and Environmental Development has made the following regulations:
PART I
1. Title and commencement.
These regulations may be cited as the Wildlife Regulations 1998 and shall come into force on such date as the Minister may by notification in the Gazette appoint. [c.i.f. 01.08.1998]
2. Interpretation.
In these regulations, unless the context otherwise requires the terms and phrases used herein shall have the same meanings as assigned to them in the Enactment –
"animal farming establishment" means any area, enclosure, impoundment, premises or structure set up or used on land or water for the breeding, hatching, rearing and keeping of animals;
"Enactment" means the Wildlife Conservation Enactment 1997;
"open part of a Wildlife Sanctuary" means such part of a Wildlife Sanctuary as shall be open to members of the public pursuant to the Enactment; and
"plant cultivation establishment" means any area, enclosure, premises or structure set up or used on land or water for the propagation and cultivation of plants.
PART II
LICENSING AND SERVICES OF WILDLIFE GUIDES
3. Wildlife guide to be issued with and wear number and badge.
(1) The licence of a wildlife guide shall be in a form approved by the Director and shall bear a number.
(2) Each wildlife guide shall in addition to a licence be issued with a badge of the Wildlife Department bearing the number of the licence of that guide.
(3) A wildlife guide shall, whenever practicable, wear the badge issued to him when exercising functions under the Enactment.
4. Identification card.
(1) The Director shall cause each Wildlife Officer, Honorary Warden and wildlife guide to be issued with an identification card in a form approved by the Director.
(2) Where a person in possession of an identification card issued to him under subregulation (1) ceases to be a Wildlife Officer, Honorary Wildlife Warden or wildlife guide, as the case may be, he shall forthwith surrender the identification card to the Director or his representative.
(3) A Wildlife Officer, an Honorary Wildlife Warden or a wildlife guide shall, whenever practicable and if so requested, produce his identification card when exercising any powers under section 88 or 89 of the Enactment.
5. Fees for services of wildlife guides.
(1) Fees for the services of a licensed wildlife guide shall be calculated at either a seven-day rate, a daily rate or an hourly rate, where in the latter case a guide is employed for less than eight hours.
(2) Fees for services of a licensed wildlife guide shall be as prescribed in Schedule 3.
PART III
ADMINISTRATION OF WILDLIFE SANCTUARIES
6. Entry into Wildlife Sanctuaries.
(1) No person shall enter the open part of a Wildlife Sanctuary except if that person –
(a) lawfully resides in the Sanctuary;
(b) is acting in the course of his duties; or
(c) has been issued with a permit so to enter or is one of the permitted number of occupants of a motor vehicle in respect of which a motor vehicle permit has been issued.
(2) The permit referred to in subregulation (1) shall be in such form as the Director shall decide and shall be issued subject to the payment of the fees set out in item 1 of Schedule 2 which may be waived or reduced by the officer in charge of a Wildlife Sanctuary in accordance with the written instructions of the Director.
(3) A Wildlife Officer may refuse to permit a person to enter or to be within a Wildlife Sanctuary if in the opinion of the officer the presence of such person would be detrimental to the proper management and control of the Sanctuary and any such person if found in the Sanctuary may be ordered to leave the Sanctuary.
7. Approved entrances and exits.
(1) Except with the approval of the Director or officer in charge of a Wildlife Sanctuary, no person shall enter or leave a Wildlife Sanctuary except at an approved entrance or exit.
(2) The officer in charge of a Wildlife Sanctuary shall cause each approved entrance and exit to be clearly marked.
8. Closure of open parts of Wildlife Sanctuaries.
(1) The Director or officer in charge of a Wildlife Sanctuary may for such period as he shall consider fit, for the protection of animals or plants, for safety of the public, for the protection of a road or track or for climatic or any other reason, close to –
(a) the public the whole or any part of the open part of a Wildlife Sanctuary or a road or track or part of a road or track therein; or
(b) any class of people or traffic the whole or any part of the open part of a Wildlife Sanctuary or a road or track or part of a road or track therein.
(2) For the purpose of this regulation, any portion of a Wildlife Sanctuary or any road or part of a road whereon there has been placed a notice, sign, mark, gate, fence or barricade indicating that it has been closed to the public or any class of persons or traffic shall be considered to be closed in accordance with this regulation.
9. Disturbing animals in Wildlife Sanctuaries.
(1) Except where authorised under the Enactment, no person shall molest, provoke or disturb any animal within a Wildlife Sanctuary.
(2) For the purpose of this regulation, any person, who approaches or follows any animal or makes any sudden movement or noise or flashes a light or does anything else in such manner as intentionally to cause any animal to move away from where it is or to change its direction of travel or to increase its pace or speed of travel or to become frightened or to stampede shall be considered to have disturbed the animal.
10. Killing or wounding animals to be reported.
Any person who kills or wounds an animal within a Wildlife Sanctuary, except as authorised under the Enactment, shall, without delay report such killing or wounding and the circumstances thereof to the officer in charge of the Wildlife Sanctuary.
11. Acts prohibited within the open part of a Wildlife Sanctuary.
No person shall in the open part of a Wildlife Sanctuary -
(a) camp other than at an approved camping site;
(b) other than a person with a right to reside, be there, except between the hours of 7 a.m. and 6 p.m., other than within the confines of a tourist village, hotel, lodge or camping site;
(c) except with the written permission of the Director or if accompanied by a Wildlife Officer or wildlife guide –
(i) be in any place within that open part except at an approved stopping place or in a motor vehicle designed to travel on not less than four wheels;
(ii) alight from a motor vehicle or boat except at an approved stopping place, tourist village, hotel, lodge, camping site, designated picnic site or an animal hide; or
(iii) travel within that open part on foot at any place not included in paragraph (ii);
(d) light any fire except within the confines of an approved camping site;
(e) unless specifically authorised in writing by the Director, drive a motor vehicle other than on an approved track or road;
(f) drive a motor vehicle with a defective or wholly or partly inoperative silencing system or exhaust or a motor vehicle producing such noise as may cause alarm, annoyance or disturbance to any animal or person;
(g) sound a motor horn;
(h) exceed a speed of forty kilometres per hour in a motor vehicle;
(i) cause a motor vehicle to be stopped on any track or road in such manner as to obstruct or impede the passage of any other motor vehicle;
(j) except with the written permission of the Director, tow a caravan or trailer;
(k) get out of, stand up in or on a motor vehicle except at an approved stopping place or if authorised by a Wildlife Officer or wildlife guide;
(l) enter any part thereof that has been closed to the public;
(m) travel, except in the company of a wildlife Officer or wildlife guide;
(n) introduce or entice or remove or entice therefrom any animal, including a domestic animal, or introduce or remove any plant;
(o) destroy or damage any object; or
(p) on or immediately outside the boundary thereof, move, interfere with, damage or destroy any notice, fence, bollard, cone, boundary marker or other such thing.
12. Permits to fish in a Wildlife Sanctuary.
(1) No person shall fish in the open part of a Wildlife Sanctuary except in such place or places as may be specified in a –
(a) permit issued to him; or
(b) block permit issued pursuant to subregulation (3) by or on behalf of the officer in charge of the Wildlife Sanctuary.
(2) A permit referred to in subregulation (1)(a) may be issued by or on behalf of the officer in charge of the Wildlife Sanctuary at his discretion subject to the payment of the fee set out in item 2 of Schedule 2 and to such terms and conditions including the number and species of fish that may be taken as may be endorsed thereon.
(3) The officer in charge of a wildlife Sanctuary may issue a block fishing permit to an angling society or club approved by the Director or to a licensed wildlife tour operator which shall entitle a paid-up member of the society or club or a bona fide nominated customer of the operator to fish subject to the terms and conditions of the permit and the limit on the number and species of fish which shall be fixed in relation to the permit from time to time by the officer in charge of the Wildlife Sanctuary.
(4) A person fishing under the authority of a block fishing permit shall produce proof, satisfactory to a Wildlife Officer, if so requested, of that person's membership of a society or club or of nomination by a wildlife tour operator to which or to whom a block fishing permit has been issued.
13. Restrictions on fishing gear.
Except where any traditional gear has been authorised pursuant to the Enactment, no person may use any gear for fishing in a Wildlife Sanctuary other than a rod and line or a handline to which:
(a) not more than three single hooks are attached; or
(b) not more than one lure having not more than three single, three double or three treble hooks is attached.
14. Returns to be made by fishermen in Wildlife Sanctuaries.
A person who fishes in a Wildlife Sanctuary under the authority of a permit granted to him or of a block fishing permit shall, if required under the conditions of the permit or by a Wildlife Officer, make a return in writing to a Wildlife Officer stating the number, weight and species of fish caught and removed from the waters in the Sanctuary and giving any other relevant information that may be so required.
15. Prohibition of possession of and discharge of weapons.
(1) No person shall, except with the written permission of the Director or officer in charge –
(a) bring into the open part of a Wildlife Sanctuary any weapon, ammunition, explosive, trap, snare, or poison or be in possession of any such article within such open part; or
(b) intentionally discharge any weapon so that a projectile therefrom passes over any portion of or falls within such open part.
(2) A permission granted under subregulation (1)(a) shall be subject to such conditions as the Director or officer in charge shall impose including a requirement that any such weapon or article be deposited with a Wildlife Officer.
16. Discarding litter or causing a nuisance.
No person shall within the open part of a Wildlife Sanctuary –
(a) discard any litter except in a place provided therefor or in any way disfigure the Wildlife Sanctuary;
(b) discard any lighted cigarette or other smoking material, match or any other article or material likely to cause fire: or
(c) unnecessarily cause or make any noise or do any act which is likely to disturb or annoy any other person or any animal.
17. Trading in a Wildlife Sanctuary.
No person shall, except with the permission of the Director –
(a) display any notice or advertisement within the open part of a Wildlife Sanctuary or at any entrance to or on the boundary of that open part; or
(b) collect any money from members of the public or sell or offer any goods for sale or carry on any trade or business within that open part.
18. Visitors to comply with lawful orders.
(1) A wildlife Officer or a wildlife guide in charge of a visitor or party of visitors may issue orders, notices or directions either orally or in writing for the purpose of –
(a) preventing within any Wildlife Sanctuary any damage or any injury to any animal or plant or any behaviour on the part of any visitor which is likely to cause damage or injury or disturb or provoke any animal;
(b) ensuring the safety of visitors within a Wildlife Sanctuary;
(c) preventing any nuisance within a Wildlife Sanctuary: and
(d) ensuring that the provisions of the Enactment are complied with.
(2) It shall be a condition of entry of any person into the open part of a Wildlife Sanctuary that he shall comply with any lawful order, notice or direction, whether oral or written, given or issued pursuant to subregulation (1) while within the Wildlife Sanctuary.
(3) If any person fails to comply with or contravenes any order, notice or direction lawfully given or issued to him under this regulation, a Wildlife Officer or wildlife guide may either orally or in writing cancel the entry permit of such person, without refund of any fee paid, and may require such person to leave the Wildlife Sanctuary forthwith and if such person refuses to leave he may be removed from the Sanctuary with such force as may be reasonable.
19. Removal from and prohibition of re-entry of persons into Wildlife Sanctuaries.
(1) Notwithstanding the issue of any permit or authority, a Wildlife Officer may order a person to leave a Wildlife Sanctuary if that person contravenes any of the provisions of this Part.
(2) A person ordered to leave a Wildlife Sanctuary pursuant to this regulation or regulation 18(3) shall comply with such order forthwith and shall not be entitled to a refund of the whole or part of any fee paid in respect of that person's entry into the Sanctuary.
(3) A person who refuses to leave a Wildlife Sanctuary when ordered to leave under subregulation (1) may be removed therefrom with such force as may be reasonable.
(4) A person who has been ordered under these regulations to leave a Wildlife Sanctuary may, by notice in writing served on him, be prohibited by the Director for a period not exceeding twelve months from entering the Wildlife Sanctuary from which that person was ordered to leave or, where that person has committed an offence, from entering any Wildlife Sanctuary.
(5) A person who is aggrieved by a prohibition made under subregulation (4) may appeal within thirty days of being notified of the prohibition under subregulation (4) to the Minister whose decision shall be final.
(6) A person who enters a Wildlife Sanctuary contrary to a subsisting prohibition made under this regulation commits an offence against these regulations.
PART IV
PROHIBITED WEAPONS AND HUNTING LICENCES
20. Prohibited weapons.
The classes of weapons listed in the first column of Schedule 4 shall be prohibited weapons for the purpose of hunting animals of the species listed opposite these weapons in the second column of that Schedule.
21. Sub-categories of hunting licences.
All hunting licences shall be divided into the following sub-categories for the purpose of the payment of fees:
(a) resident's licence; and
(b) non-resident's licence.
22. Application for hunting licence.
(1) An application for a hunting licence shall be made in Form 1 in Schedule 1.
(2) All applications shall be made to the Director and lodged, together with the requisite application fee, with the Wildlife Officer in charge of the wildlife area within which application is made to hunt.
(3) No licence, although approved, shall be issued to an applicant until the applicant has paid the fee for such licence.
23. Forms of hunting licences.
Hunting licences shall be in the Forms set out in Schedule 1, namely -
(a) sporting licence in Form 2;
(b) commercial licence in Form 3; and
(c) animal kampung licence in Form 4.
24. Hunting licence fees.
The fees payable on applications for a hunting licences shall be set out in item 3 of Schedule 2.
25. Employment of Wildlife Officer, Honorary Wildlife Warden or wildlife guide.
(1) Subject to subregulation (3), persons entitled to hunt under a sporting or commercial licence shall not hunt unless accompanied, if a non-Honorary resident of the State, by a Wildlife Officer, Honorary Wildlife Warden or wildlife guide and, if a resident of the State, by any such persons if so stipulated in the licence.
(2) A person required to be accompanied in accordance with subregulation (1) shall –
(a) supply the daily rations of the officer, warden or guide; and
(b) make such daily payment to the Government, warden or guide as may be stipulated by the Director.
(3) The Director may after such test of competence or inquiry as he shall consider fit exempt any person from the requirement of subregulation (1) generally or in relation to a specific wildlife area or specific species of animal and subject to such conditions as he may impose.
26. Animal product fees and permit fees.
(1) In addition to the licence fee, the holder of a sporting or commercial licence shall pay an animal product fee for each animal in respect of which he applies for a certificate of legal ownership.
(2) In addition to the licence fee, the holder of a sporting or commercial licence shall pay a fee for each animal or animal product fee in respect of which he is granted a permit pursuant to section 53(1) of the Enactment.
(3) The animal product fees payable under subregulation (1) shall be as set out in item 4 of Schedule 2 and the fees payable under subregulation (2) shall be as set out in item 5 of Schedule 2.
27. Requirement to have knowledge of the Enactment.
(1) An applicant for a licence, if a non-resident of the State, shall not be issued with a sporting or commercial licence unless such applicant satisfies the officer issuing the licence that the applicant has a copy of the Enactment and regulations made thereunder.
(2) An applicant for a licence, if a resident of the State, shall not be issued with a sporting or commercial licence unless such applicant satisfies the officer issuing the licence that the applicant has a basic knowledge of the Enactment and regulations made thereunder.
(3) A person who is issued a hunting licence shall not be entitled to plead in defence of a prosecution for an offence against the Enactment that the issuing officer failed to satisfy himself of the defendant's knowledge pursuant to subregulation (1) or (2).
28. Registers of animals, ammunition card and census forms.
Unless otherwise stated in the licence, every person issued with a hunting licence except for an animal kampung licence shall be issued with a register of animals killed, captured or wounded in Form 5 in Schedule 1, an ammunition card in Form 6 in Schedule 1 and a wildlife census form in Form 7 in Schedule 1 and shall complete such forms in accordance with section 35 of the Enactment.
29. Restriction on butchering of animals in the field.
(1) Subject to subregulation (2), a person who kills an animal under the authority of a hunting licence shall not butcher or cut the animal or remove any part therefrom within the wildlife area specified in the licence.
(2) A person who does not require the meat from an animal killed under the authority of a hunting licence and offers it to a kampung pursuant to section 52(2) of the Enactment may remove and retain a skin, claw, tooth or other animal product from the animal provided that, while in the hunting area, it is kept separate from the animal product of any other animal for the time being in the possession of that person and it is possible on inspection to identify the animal product as coming from a particular animal.
PART V
POSSESSION OF AND TRADE IN ANIMALS
30. Certificates of legal ownership.
A certificate of legal ownership shall be in Form 8 in Schedule 1 and, when no animal product fee is payable in accordance with regulation 26, the fee set out in item 6 of Schedule 2 shall be payable on the issue of the certificate.
31. Application to keep an animal in captivity.
(1) A person who wishes to keep an animal in captivity may apply to the Director for an animal captivity permit in Form 9 in Schedule 1.
(2) An application under subregulation (1) and the requisite application fee set out in item 7 of Schedule 2 shall be lodged with the Wildlife Officer in charge of the wildlife area within which it is intended to keep the animal, the subject of the application.
(3) An application under this regulation shall be accompanied by details, including plans where appropriate, of the arrangements that will be made to accommodate and confine the animal.
(4) The intended accommodation of the animal shall comply with the standard specifications for accommodation of an animal of that species issued from time to time by the Director or, if no such general standard has been issued, with such specifications as shall be given by the Director to the applicant on request.
32. Inspection of animal accommodation.
(1) If, in all other respects, an application made under regulation 31 is approved, the Director shall cause an inspection to be made of the intended accommodation for the animal prior to the issue of a permit and shall suspend the issue of such permit if the accommodation, in the opinion of the inspecting officer, does not meet the required specifications.
(2) If the applicant fails to bring the accommodation up to the required specifications within thirty days of an inspection under subregulation (1) or such longer period, not exceeding thirty days, as the Director may allow, the animal, the subject of the application under regulation 31, shall be confiscated and any temporary permit granted under regulation 33 cancelled.
33. Temporary animal captivity permit.
(1) Where a person makes an application under regulation 31 and that person has lawfully acquired the animal, the subject of the application, the Director may grant that person a temporary captivity permit allowing that person to keep the animal while the application is being considered.
(2) A permit granted under subregulation (1) shall be valid for not more than sixty days or until the permit is granted or refused, whichever is the shorter period, but may be extended if the Director considers fit.
34. Form of animal captivity permit and fees.
An animal captivity permit shall be in Form 10 in Schedule 1 and a temporary animal captivity Permit shall be in a form approved by the Director from time to time and the fees payable on the grant of an animal captivity permit and or a temporary animal captivity permit or renewals thereof shall be as set out in item 7 of Schedule 2.
35. Animal dealer's permit.
(1) An application for an animal dealer's permit shall be made in Form 11 in Schedule 1 and shall be accompanied by the fee set out in item 8 of Schedule 2.
(2) An animal dealer's permit shall be in Form 12 in Schedule 1 and shall be issued on payment of the fee set out in item 8 of Schedule 2.
(3) An animal dealer's permit shall be valid until the 31st day of December in the year of issue but may be renewed on application being made therefor accompanied by the fee set out in item 8 of Schedule 2 not later than the thirtieth day of November during the currency of the licence.
(4) An animal dealer's permit shall be issued on payment of the fee set out in item 8 of Schedule 2 in the name of the owner or manager of the dealer's firm or corporate body.
36. Activities authorised under an animal dealer’s permit.
(1) An animal dealer's permit shall authorise a person –
(a) to purchase animals or animal products -
(i) from any person with authority under the Enactment to sell dealer's animals or animal products;
(ii) born or hatched or obtained from animals horn or hatched in captivity;
(b) within the premises to which the permit relates, to preserve, prepare, mount, carve, embellish or otherwise process or use in manufacturing any animal products which have been lawfully obtained; and
(c) within the premises to which the permit relates and in such other places as the permit may specify, to sell animals and animal products which have been lawfully obtained.
(2) An animal product for the purposes of this regulation may include an animal product traditionally believed to have medicinal properties but no permit issued under regulation 35 shall be taken to endorse such belief nor exempt a dealer from any requirement to obtain a permit under any pharmaceutical or health laws.
37. Registers of animals and animal products.
(1) The holder of an animal dealer's permit shall –
(a) maintain or cause to be maintained a register of all animals and animal products received, possessed and traded in the course of his business in a form approved by the Director;
(b) keep adequate records and books of account relating to the preservation, manufacture from and sale of animal products by him:
(c) on being requested to do so during business hours, immediately make the records and books referred to in paragraph (b) available for inspection by a Wildlife Officer; and
(d) within seven days after the end of each month, furnish to the Director a return giving details of the transactions (if any) relating to the acquisition of animals or animal products for preservation, manufacture or sale during the preceding month.
(2) If a dealer is found to be in possession of animals or animal products in excess of the amount shown to be in his possession by his records he shall be in illegal possession of such excess.
38. Game meat dealer’s permits.
(1) An application for a game meat dealer's permit shall be made in Form 13 in Schedule 1 and be accompanied by the fee set out in item 9 of Schedule 2.
(2) An applicant under subregulation (1) shall satisfy the Director that the applicant has such other permits and approvals as shall be required under any law for the time being in force for the sale or serving of meat.
(3) A game meat dealer's permit shall be in Form 14 in Schedule 1 and may be issued on payment of the fee set out in item 9 of Schedule 2.
(4) A holder of a game meat dealer's permit shall maintain such records and books of account and make such returns to the Director as the Director may require.
(5) Nothing in this regulation shall make it lawful for a person to sell meat of an animal which has been hunted in contravention of the Enactment.
PART VI
PROTECTION OF PLANTS
39. Plant collection licences.
(1) Each commercial plant collection licence shall be limited to such part of a plant as shall be stipulated in the licence.
(2) All plant collection licences shall be divided into the following sub-categories for the purpose of the payment of fees:
(a) resident's licence; and
(b) non-resident's licence.
40. Application for plant collection licences.
(1) An application for a plant collection licence shall be made in Form 15 in Schedule 1.
(2) All applications shall be made to the Director and lodged, together with the requisite application fee, with the Wildlife Officer in charge of the wildlife area within which application is made to harvest plants.
(3) No licence, although approved, shall be issued to an applicant until the applicant has paid the fee for such licence.
41. Forms of plant collection licences.
Plant collection licences shall be in the Forms in Schedule 1, namely -
(a) collector's plant collection licence in Form 16; and
(b) commercial plant collection licence in Form 17.
42. Plant collection licence fees.
The fees payable on applications for and for plant collection licences shall be as set out in item 10 of Schedule 2.
43. Employment of Wildlife Officer, Honorary Wildlife Warden or wildlife guide.
(1) Subject to subregulation (3), a person entitled to harvest plants under a collector's or commercial plant collection licence shall not harvest plants unless accompanied, if a non-resident of the State, by a Wildlife Officer, Honorary Wildlife Warden or wildlife guide and, if a resident of the State, by any such persons if so stipulated in the licence.
(2) A person required to be accompanied in accordance with subregulation (1) shall –
(a) supply the daily rations of the officer, warden or guide; and
(b) make such daily payment to the Government, warden or guide as may be stipulated by the Director.
(3) The Director may after such test of competence or inquiry as he shall consider fit exempt any person from the requirement of subregulation (1) generally or in relation to a specific area or specific species of plant and subject to such conditions as he may impose.
44. Plant dealer's permit.
(1) An application for a plant dealer's permit shall be made in Form 18 in Schedule 1 and shall be accompanied by the fee set out in item 11 of Schedule 2.
(2) A plant dealer's permit shall be in Form 19 in Schedule 1 and shall be issued on payment of the fee set out in item 11 of Schedule 2 in the name of the owner or manager of the dealer's firm or corporate body.
(3) A plant dealer's permit shall be valid until the 31st day of December in the year of issue but may be renewed on application being made therefor accompanied by the fee set out in item 11 of Schedule 2 not later than the thirtieth day of November during the currency of the licence.
45. Activities authorised under a plant dealer's permit.
(1) A plant dealer's permit shall authorise a person –
(a) to purchase plants –
(i) from any person with authority under the Enactment to sell plants;
(ii) artificially propagated or obtained from plants that have been artificially propagated;
(b) within the premises to which the permit relates, to hold and care for plants that have been lawfully obtained: and
(c) within the premises to which the permit relates and in such other places as the permit may specify, to sell plants which have been lawfully obtained.
(2) A plant or part thereof or product therefrom for the purposes of this regulation may include a plant, part thereof or product therefrom traditionally believed to have medicinal properties but no permit issued under regulation 44 shall be taken to endorse such belief nor exempt a dealer from any requirement to obtain a permit under any pharmaceutical or health laws.
46. Registers of plants.
(1) The holder of a plant dealer's permit shall –
(a) maintain or cause to be maintained a register of all plants received, possessed and traded in the course of his business in a form approved by the Director;
(b) on being requested to do so during business hours, immediately make the records and books referred to in paragraph (b) available for inspection by a Wildlife Officer; and
(c) within seven days after the end of each month, furnish to the Director a return giving details of the transactions (if any) relating to the acquisition of plants for retention and sale during the preceding month.
(2) If a dealer is found to be in possession of plants in excess of the amount shown to be in his possession by his records he shall be presumed to be in illegal possession of such excess.
47. Temporary plant sale or transfer permit.
(1) A person in lawful possession of any protected plant may apply to the Director in Form 20 in Schedule 1 for a temporary plant sale or transfer permit where that person wishes to dispose of such plant or any of them by way of sale, gift or otherwise.
(2) A temporary plant sale or transfer permit shall be in Form 21 in Schedule 1 and the fee payable prior to the issue thereof shall be that set out in item 12 of Schedule 2.
48. Certificate of sale or transfer of plant.
(1) Any person who sells or transfers a protected plant to a person who does not hold either a plant dealer's permit or a plant cultivation permit shall, on or before delivery of the plant to the purchaser or recipient, deliver to the purchaser or recipient a certificate of sale or transfer in a form approved by the Director, signed by himself and setting out the number of his licence or permit, particulars of the plant and the name and address of the purchaser or recipient.
(2) No person who does not hold a plant dealer's permit or plant cultivation permit shall accept a protected plant from a person unless he receives a certificate of sale or transfer from that person.
PART VII
CONTROL OF MOVEMENT OF ANIMALS AND PLANTS INTO OR OUT OF THE STATE
49. Issue of permits to take out animal etc.
(1) An application for a permit to take an animal, animal product or plant out of the State shall be made in Form 22 in Schedule 1 and be accompanied by the fee set out in item 13 of Schedule 2.
(2) In the case of a live animal, a permit shall not be issued unless the Director is satisfied that the animal is to be prepared and shipped in accordance with the IATA Live Animals Regulations for Transport by Air and the CITES Guidelines for Transport of Live Specimens by Marine or Terrestrial Shipments.
(3) A permit issued under subregulation (2) shall he in Form 23 in Schedule 1 and, subject to subregulation (2), may be issued on payment of the fee set out in item 13 of Schedule 2.
50. Issue of permits to bring in animal etc.
(1) An application for a permit to bring any animal, animal product or plant into the State shall be made in Form 24 in Schedule 1 and shall be accompanied by the fees set out in item 14 of Schedule 2.
(2) In the case of a live animal, a permit shall not be issued unless the Director is satisfied that the animal is to be prepared and shipped in accordance with IATA Live Animals Regulations for Transport by Air and the CITES Guidelines for Transport of Live Specimens by Marine and Terrestrial Shipments.
(3) A permit issued under subregulation (2) shall be in Form 25 in Schedule 1 and, subject to subregulation (2), may be issued on payment of the fee set out in item 14 of Schedule 2.
51. Certificates of origin.
(1) A person who requires a certificate of origin for the purpose of export of any animal, animal product or plant may apply to the Director therefor in writing, accompanied by the fee set out in item 15 of Schedule 2.
(2) The Director, upon being satisfied that the animal, animal product or plant for which the certificate is required originates from the State and upon payment of the fee set out in item 15 of Schedule 2, shall issue a certificate of origin in Form 26 in Schedule 1.
PART VIII
UTILIZATION OF WILDLIFE
52. Entry into Wildlife Hunting Areas.
(1) No person shall enter a Wildlife Hunting Area except if that person -
(a) lawfully resides in the area;
(b) is acting in the course of his duties; or
(c) has been issued with a permit so to enter.
(2) The permit referred to in subregulation (1) shall be in such form as the Director shall decide and shall be issued subject to the payment of the fees set out in item 16 of Schedule 2.
(3) A Wildlife Officer may refuse to permit a person to enter or to be within a Wildlife Hunting Area if in the opinion of the officer the presence of such person would be detrimental to the proper management and control of the area and any such person if found in the area may be ordered to leave the area.
53. Application of certain regulations to Wildlife Hunting Areas.
Part III of these regulations, except regulations 6 and 11, shall apply to Wildlife Hunting Areas and for that purpose the expression "Wildlife Hunting Area" shall be substituted, in those regulations, for the expression “Wildlife Sanctuary” or “open part of a Wildlife Sanctuary” wherever it occurs.
54. Acts prohibited within a Wildlife Hunting Areas.
No person shall in a Wildlife Hunting Area –
(a) camp other than at an approved camping site;
(b) except with the written permission of the Director or if accompanied by a Wildlife Officer or wildlife guide -
(i) be in any place within that open part except at an approved stopping place or in a motor vehicle designed to travel on not less than four wheels;
(ii) alight from a motor vehicle or boat except at an approved stopping place, tourist village, hotel, lodge, camping site, designated picnic site or an animal hide; or
(iii) travel within that open part on foot at any place not included in paragraph (ii);
(c) light any fire except within the confines of an approved camping site;
(d) unless specifically authorised in writing by the Director, drive a motor vehicle other than on an approved track or road;
(e) drive a motor vehicle with a defective or wholly or partly inoperative silencing system or exhaust or a motor vehicle producing such noise as may cause alarm, annoyance or disturbance to any animal or person;
(f) sound a motor horn:
(g) exceed a speed of forty kilometres per hour in a motor vehicle;
(h) cause a motor vehicle to be stopped on any track or road in such manner as to obstruct or impede the passage of any other motor vehicle;
(i) except with the written permission of the Director, tow a caravan or trailer;
(j) enter any part thereof that has been closed to the public;
(k) travel, except in the company of a Wildlife Officer or wildlife guide;
(l) introduce or entice into or remove or entice therefrom any animal, including a domestic animal, or introduce or remove any plant;
(m) destroy or damage any object; or
(n) on or immediately outside the boundary thereof, move, interfere with, damage or destroy any notice, fence, bollard, cone, boundary marker or other such thing.
55. Wildlife tour operators.
(1) An application for a wildlife tour operator's permit shall be made in Form 27 in Schedule 1 and shall be accompanied by the fee set out in item 17 of Schedule 2.
(2) A wildlife tour operator's permit shall be in Form 28 in Schedule 1 and shall be issued on payment of the fee set out in item 17 of Schedule 2 in the name of the owner or manager of the dealer's firm or corporate body.
56. Commercial filming, sound recording and photography.
(1) Subject to subregulation (7), an application for a permit to undertake any filming, video recording, sound recording or still photography of wildlife for commercial purposes in any protected area shall be made in writing to the Director not less than thirty days before the applicant desires to undertake the activity for which a permit is sought.
(2) An applicant shall furnish the Director with the names and nationalities of any or all persons who will partake in the activity for which a permit is sought and the name of an agent based in the State and provide all such references and other information as the Director may request.
(3) A permit granted under this regulation shall be subject to such conditions as the Director may attach thereto.
(4) Prior to the issue of a permit granted under this regulation, the Director may require the applicant to enter into a bond or make a cash deposit, acceptable to the Director, to secure the due performance of the conditions attached to the permit and the observance of the Enactment, including this regulation.
(5) An applicant shall, prior to the issue of a permit under this regulation pay the fee set out in item 18 of Schedule 2.
(6) A permit granted under this regulation shall not exempt the person authorised to carry out any activity hereunder from the requirement to obtain any other permit under the Enactment or any other law.
(7) The Director may reduce the period referred to in subregulation (1) if he considers that such reduction is appropriate.
57. Application for animal farming permit or plant cultivation permit.
(1) An application for an animal farming permit or plant cultivation permit shall be made to the Director in Form 29 in Schedule 1 not less than sixty days before the licence is required to come into effect unless the Director shall allow a lesser period.
(2) The application, which shall be signed by the applicant, shall be accompanied by the application fee set out in item 19 of Schedule 2, and shall contain all the information, including documents, required under the Enactment, and any other information required by the Director.
58. Conditions on issue and renewal of animal farming permit or plant cultivation permit.
No animal farming permit or plant cultivation permit shall be issued or renewed unless –
(a) an application has been made in accordance with regulation 57 and is true and correct in every way:
(b) any information requested by the Director and relevant to the proposed operation has been provided in the manner requested;
(c) the fee prescribed under regulation 59 has been paid; and
(d) the Director is satisfied that the animal farming or plant cultivation establishment satisfies or will satisfy, when established, the conditions applicable to it that the Director proposes to attach to the grant of the permit in accordance with section 81 of the Enactment.
59. Form of and fees for animal farming permit and plant cultivation permit.
An animal farming permit or a plant cultivation permit shall be in Form 30 in Schedule 1 and the fees for an animal farming permit and plant cultivation permit shall be payable at the rates specified in item 19 of Schedule 2.
60. Conditions applicable to animal farming permit and plant cultivation permit.
Every animal farming permit or plant cultivation permit shall be subject to the following conditions:
(a) the animal farming establishment or plant cultivation establishment specified in the permit shall be so operated as to minimise the risk of the development of diseases and the occurrence of pests in the animals or plants of the establishment and the spread of such diseases or pests and in particular shall be maintained and operated in accordance with such code of practice for the maintenance and operation of animal farming establishment or plant cultivation establishments as the Director may publish from time to time in the Gazette;
(b) animals slaughtered and meat therefrom and plants harvested from the establishment shall be handled in a sanitary manner and shall be transported in the containers required under the code of practice referred to in paragraph (a) to be used for the transport of animal meat and animal products or plants or plant products or sale of any of them;
(c) notification shall be given to the Director of such diseases affecting the stock of the animal farming establishment or plant cultivation establishment as the Director shall declare by notice given from time to time in the Gazette to be notifiable diseases;
(d) accurate registers and other records, in forms approved by the Director, shall be maintained relating to the operations of the plant cultivation establishment or animal farming establishment which shall be open to inspection by the Director or any officer acting under his authority;
(e) returns concerning the operation of the plant cultivation establishment or animal farming establishment shall be made to the Director as he shall from time to time require;
(f) the applicant shall insure and keep insured with an insurer approved by the Director against loss to the applicant occasioned by measures taken in accordance with regulation 61 and shall maintain such insurance; and
(g) such other conditions as may be attached to or endorsed on the permit.
61. Measures for dealing with outbreak of diseases.
(1) The holder of an animal farming permit or plant cultivation permit shall take such measures as shall be advised to such holder by the Director for the prevention of the spread of diseases or pests to or from the stock of the holder's establishment.
(2) Measures taken under subregulation (1) may include the destruction and disposal of the stock or part of the stock of the animal farming establishment or plant cultivation establishment by the permit holder under the supervision of the Director or, with the consent of the permit holder to such destruction and disposal, by the Director.
62. Captive breeding certificate and certificate of artificial propagation.
(1) Where the Director is satisfied that an animal has been bred in the State in captivity or that an animal product was acquired from such an animal he may, upon application being made therefor, issue a captive breeding certificate in respect of that animal or animal product.
(2) Where the Director is satisfied that a plant has been artificially propagated in the State he may, upon application being made therefor, issue a certificate of artificial propagation in respect of that plant.
(3) A captive breeding certificate shall be in Form 31 in Schedule 1 and a certificate of artificial propagation shall be in Form 32 in Schedule 1.
(4) An applicant for a captive breeding certificate or a certificate of artificial propagation shall on the application therefor pay the application fee set out in item 20 of Schedule 2 and prior to the issue of the relevant certificate, pay the fee set out in item 20 of Schedule 2.
(5) A certificate may be issued under this regulation in lieu of a permit issued under regulation 49(3) except in respect of an animal, animal product or plant of a species listed in Schedule 1 to the Enactment or Appendix 1 to the Convention.
(6) Where a certificate is issued under this regulation for the purposes of export, regulation 49(2) shall apply to the issue of that certificate.
63. Zoological and botanical gardens.
(1) Any person, society or association of persons that desires to establish and maintain a zoological or botanical garden shall apply in writing to the Director for a permit giving authority to establish and maintain such a garden.
(2) An applicant under subregulation (1) shall forward with the application –
(a)