Wild Fauna and Flora Act · 2024 Revised Edition · Part · Trade in Species
12. Certificate to re-export species
Official textFrom Attorney General's Chambers, unchanged
The Director may, after consultation with the appropriate management authority and scientific authority grant a certificate to re-export any specimen of any species listed in Appendix I to an applicant, if those authorities are satisfied that —
Director
“Director” means the Director of the Department of Agriculture and Agrifood, and includes the Deputy Director of Agriculture and Agrifood;
in the case of that specimen being imported —
specimen
“specimen” means — (a) any animal or plant, whether alive or dead; or (b) any recognisable part or derivative thereof which appears from an accompanying document, the packaging or a mark or label, or from any other circumstances, to be a recognisable part or derivative of an animal or plant of species included in the Appendix, unless such part or derivative is specifically exempted from the Convention;
before the commencement of this Act, it was not imported in contravention of any written law; or
after the commencement of this Act, it was imported in accordance with this Act;
it is to be prepared and shipped so that the risk of —
injury to the specimen;
adverse effect on the health of the specimen; and
in the case of an animal, cruel treatment of the specimen, is minimised; and
permission to import that specimen has been granted by the relevant authority of the country of import.
import
“import” means the shipment of any specimen in any vehicle into the territorial limits of Brunei Darussalam; but does not include the introduction from the sea of any specimen or the shipment in transit of any specimen into the territorial limits of Brunei Darussalam;
Terms defined in s 2
animal
Defined · s 2“animal” means any member of the animal kingdom, including without limitation any mammal, fish, bird, amphibian, reptile, mollusc, arthropod or other invertebrate, but does not include human beings;
Appendix I
Defined · s 2“Appendix I” means the Appendix I to the Convention which lists all species threatened with extinction which are or may be affected by trade;
Director
Defined · s 2“Director” means the Director of the Department of Agriculture and Agrifood, and includes the Deputy Director of Agriculture and Agrifood;
import
Defined · s 2“import” means the shipment of any specimen in any vehicle into the territorial limits of Brunei Darussalam; but does not include the introduction from the sea of any specimen or the shipment in transit of any specimen into the territorial limits of Brunei Darussalam;
management authority
Defined · s 2“management authority” means — (a) in relation to Brunei Darussalam, the Director; (b) in relation to any other country, the management authority appointed by that country for the purposes of the Convention;
re-export
Defined · s 2“re-export” means the export of any specimen that has previously been imported, whether or not in the same form as at the time of its importation;
Scientific Authority
Defined · s 2“Scientific Authority” means the Scientific Authority specified in section 6(1);
species
Defined · s 2“species” means any species, sub-species, variety, form or geographically separate population thereof;
specimen
Defined · s 2“specimen” means — (a) any animal or plant, whether alive or dead; or (b) any recognisable part or derivative thereof which appears from an accompanying document, the packaging or a mark or label, or from any other circumstances, to be a recognisable part or derivative of an animal or plant of species included in the Appendix, unless such part or derivative is specifically exempted from the Convention;