Wild Fauna and Flora Act · 2024 Revised Edition · Part · Authorised Officers
35. Power of search
Official textFrom Attorney General's Chambers, unchanged
Subject to subsection (2), any authorised officer who has entered any vehicle, land, or premises (including a dwelling house) under section 34
authorised officer
“authorised officer” means — (a) any police officer; (b) any officer of customs, as defined in section 2(1) of the Customs Order, 2006; or (c) any public officer appointed by the Minister under section 5;
may search that vehicle, land or premises and open (by force if necessary)
vehicle
“vehicle” means any means of transport, whether or not self-propelled, that may travel by land, sea or air, and includes any aircraft or vessel;
any bulk cargo container, packing case, crate, box, or any other form of receptacle in or on that vehicle, land or premises.
A magistrate who, on application by an authorised officer in writing made on oath, is satisfied that there is in any dwelling house —
dwelling house
“dwelling house” means any building or part of a building that is suitable for residential accommodation of any kind; and includes every garage, shed and other building used in connection therewith, but does not include the land appurtenant to a dwelling house;
any specimen of any species listed in the Appendix that there is reasonable ground to believe —
has been traded otherwise than in accordance with this
Act; or
is intended to be traded otherwise than in accordance with this Act;
any thing which there is reasonable ground to believe may be evidence of the commission of any offence against this Act; or
any thing which there is reasonable ground to believe is intended to be used for the purpose of committing any such offence, may issue a search warrant to that officer and the provisions of sections 60, 62, 64, 65 and 66 of the Criminal Procedure Code (Chapter 7)
shall apply accordingly.
A search warrant is also required pursuant to subsection (2) in the case of entry to any other vehicle, land or premises for the exercise of the power under section 34(1)(d).
Terms defined in s 2
Appendix
Defined · s 2“Appendix” means the Appendix I, II or III to the Convention and any amendment thereto which may come into force;
authorised officer
Defined · s 2“authorised officer” means — (a) any police officer; (b) any officer of customs, as defined in section 2(1) of the Customs Order, 2006; or (c) any public officer appointed by the Minister under section 5;
dwelling house
Defined · s 2“dwelling house” means any building or part of a building that is suitable for residential accommodation of any kind; and includes every garage, shed and other building used in connection therewith, but does not include the land appurtenant to a dwelling house;
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;
vehicle
Defined · s 2“vehicle” means any means of transport, whether or not self-propelled, that may travel by land, sea or air, and includes any aircraft or vessel;
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