Wild Fauna and Flora Act · 2024 Revised Edition · Part · General
48. Possession of specimens of species
Official textFrom Attorney General's Chambers, unchanged
Any person who has in his possession or has under his control though under the custody of another, any specimen of any species listed in the Appendix that he knows or has reasonable grounds for suspecting —
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;
has been imported or introduced from the sea into
Brunei Darussalam otherwise than in accordance with this Act; or
is intended to be exported or re-exported from
Brunei Darussalam otherwise than in accordance with this Act, is guilty of an offence.
Any person who commits an offence against subsection (1) in respect of a specimen of any species listed in Appendix I is liable on conviction —
species
“species” means any species, sub-species, variety, form or geographically separate population thereof;
in the case of an individual, to imprisonment for a term not exceeding 5 years, a fine not exceeding $100,000 or both;
in the case of a body corporate, to a fine not exceeding $200,000.
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Any person who commits an offence against subsection (1) in respect of a specimen of any species listed in Appendix II is liable on conviction —
Appendix II
“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;
in the case of an individual, to imprisonment for a term not exceeding 3 years, a fine not exceeding $50,000 or both;
in the case of a body corporate, to a fine not exceeding $100,000.
Any person who commits an offence against subsection (1) in respect of a specimen of any species listed in Appendix III is liable on conviction —
Appendix III
“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;
in the case of an individual, to a fine not exceeding $37,500;
in the case of a body corporate, to a fine not exceeding $75,000.
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;
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;
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;
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;