Wild Fauna and Flora Act · 2024 Revised Edition · Part · Authorised Officers
36. Seizure of species traded in contravention of Act
Official textFrom Attorney General's Chambers, unchanged
Where an authorised officer finds, in or on any vessel or aircraft or at any port or airport, any specimen of any species listed in the Appendix that —
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;
is being traded otherwise than in accordance with this Act; or
is not listed on the inward or outward report in respect of that vessel or aircraft,
Wild Fauna and Flora 28
that specimen shall be forfeited to the Government, and shall be seized by him and disposed of in accordance with section 44.
Any authorised officer who has reasonable cause to believe that any specimen of such species has been imported or introduced from the sea into Brunei Darussalam otherwise than in accordance with this Act, may seize that specimen and —
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;
in the case of an animal, any descendant of that specimen; or
in the case of a plant, any propagation of that specimen, and shall deliver it into the custody of the Director.
Any authorised officer who has reasonable cause to believe that any specimen of such species is intended to be exported or re-exported from
species
“species” means any species, sub-species, variety, form or geographically separate population thereof;
Brunei Darussalam otherwise than in accordance with this Act, may seize that specimen and shall deliver it into the custody of the Director.
Director
“Director” means the Director of the Department of Agriculture and Agrifood, and includes the Deputy Director of Agriculture and Agrifood;
Any authorised officer seizing any specimen under this section may also seize —
any container, packing case, crate, box, or any other form of receptacle (not being a bulk cargo container or a pallet) holding that specimen; and
any other thing which the authorised officer has reason to believe will be evidence of a breach of the provisions of this Act or of any regulations made hereunder, and shall deliver it into the custody of the Director:
Provided that the owner or the person entitled to the possession of the items seized under this subsection may apply to the court at any time for the return of those items not being items that are required for evidential purposes in a hearing of any court, and the court may order the retention of those items or their return on such conditions as it thinks fit
No compensation shall be payable in respect of any specimen seized under subsection (1).
Wild Fauna and Flora
Terms defined in s 2
aircraft
Defined · s 2“aircraft” means any machine that can derive support in the atmosphere from the reaction of the air;
airport
Defined · s 2“airport” means any place which has been prescribed under the Customs Order, 2006 as a customs airport;
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
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;
Director
Defined · s 2“Director” means the Director of the Department of Agriculture and Agrifood, and includes the Deputy Director of Agriculture and Agrifood;
plant
Defined · s 2“plant” means any angiosperm, gymnosperm, fern or fern ally; and includes any moss, liverwort, alga, including cyanophyte, lichen, fungus or related organism;
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;
vessel
Defined · s 2“vessel” includes any ship or boat or any other description of vessel used in navigation.
Part