Wild Fauna and Flora Act · 2024 Revised Edition · Part · Trade in Species
17. Certificate to introduce from sea 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 introduce from the sea any specimen of any species listed in Appendix II 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;
the introduction of it is not detrimental to the survival of that species;
species
“species” means any species, sub-species, variety, form or geographically separate population thereof;
that specimen is to be handled so that the risk of —
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;
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
it was not obtained in contravention of any written law.
Authority to trade in species in Appendix III
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 II
Defined · s 2“Appendix II” means the Appendix II to the Convention which lists all species that are not threatened with extinction but may become so if trade is not regulated;
Appendix III
Defined · s 2“Appendix III” means the Appendix III to the Convention which lists all species identified by any party to the Convention that require regulation in its jurisdiction for the purpose of preventing or restricting exploitation and require the cooperation of other parties in the control of 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;
introduce from the sea
Defined · s 2“introduce from the sea” means introduce into Brunei Darussalam a specimen from any marine environment not under the jurisdiction of any country;
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;
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;