Wild Fauna and Flora Act · 2024 Revised Edition · Part · Trade in Species
25. Disposal and release of specimens seized from persons arriving from overseas
Official textFrom Attorney General's Chambers, unchanged
Where a citizen of Brunei Darussalam or a permanent resident surrenders a specimen of any species under section 24(1), that specimen shall be forfeited to the Government and disposed of in accordance with section 44.
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;
Any visitor to Brunei Darussalam who surrenders a specimen under section 24(2) may apply to the Director for the return of that specimen to him when he leaves Brunei Darussalam.
Director
“Director” means the Director of the Department of Agriculture and Agrifood, and includes the Deputy Director of Agriculture and Agrifood;
Subject to subsection (4), the Director shall consider any application under subsection (2) as expeditiously as possible and the specimen shall be dealt with as follows —
if the Director grants the application, he shall cause all reasonable steps to be taken to enable the applicant to take the specimen from the airport or port at which the visitor surrendered the specimen, if and when he leaves Brunei Darussalam;
Wild Fauna and Flora
if the Director declines the application, that specimen shall be forfeited to the Government and disposed of in accordance with section 44.
Any specimen that has been surrendered in accordance with this section shall not be released under subsection (2) or (3)(a) to the person who had possession of it at the time of surrender, until he has paid all costs and expenses incurred by the Government in relation to the custody of the specimen, including any costs of transporting the specimen.
Terms defined in s 2
airport
Defined · s 2“airport” means any place which has been prescribed under the Customs Order, 2006 as a customs airport;
Director
Defined · s 2“Director” means the Director of the Department of Agriculture and Agrifood, and includes the Deputy Director of Agriculture and Agrifood;
port
Defined · s 2“port” means any area declared to be a port under section 3 of the Maritime and Port Authority of Brunei Darussalam Act;
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;