Articles Of Law Obtained By: Mohd Fauzi
Date: 30 October 2007
Summary By: David
Below is a summary of Government laws and regulations that relate to the conservation of Nepenthes in Malaysia. The original PDF files with regards to laws in Malaysia were obtained by Mohd Fauzi.
Please note that the summary on Malaysia Conservation Laws and Regulations that I have done shall not be taken as conclusive of the law as it is based on my interpretation as a layman and subject to human error and misinterpretation. Please refer to the original files on the laws and the respective Government agencies for a conclusive interpretation of the law.
The laws and regulations governing wildlife protection and conservation in Malaysia are separated between Peninsular Malaysia, Sabah and Sarawak. Each of these 3 geographical segment has its own laws and penalties that varies from each other. Each geographical segment is governed by different Act/Enactment/Ordinance/Rules:
Peninsula Malaysia
Forestry Act 1993 (Akta Perhutanan Negara 1993)
akta-perhutanan-negara-1984-pin-19931
Sabah
Wildlife Conservation Enactment 1997
sabah-wildlife-conservation-enactment-1997
Sarawak
Wildlife Protection Ordinance 1998 and The Sarawak Government Gazette
sarawak-wildife-protection-ordinance-1998
sarawak-wildife-protection-rules-1998
Some of these laws serves only as a macro guideline to the States in Malaysia. Every State would have its own by-laws made by the Badan Perundangan Negeri under the Federal Constitution.
All Nepenthes are listed as “Protected Plants” while species like N. rajah is listed under “Totally Protected Plants”. Nepenthes species listed in Appendices I and II of the Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES) are also protected by the law. Check out the CITES website at http://www.cites.org/ for more information.
No person shall harvest a plant protected by the law unless he/she obtains a Plant Collection License. However, this license is only applicable to plants under the “Protected Plants” section. No one may harvest plants in the “Totally Protected Plants” section and no license will be issued for this reason. The only exception is when it is a special request that requires approval from the Director of the Government agency (in the respective states) responsible for issuing the license.
Any person who contravenes these laws commits an offense and shall be liable upon conviction to a fine of up to RM50,000.00 or imprisonment for 5 years or both, depending on the State in Malaysia. The penalty for harvesting plants from the wild in the “Totally Protected Plants” section carries a heavier sentence.
No person shall bring into the State or take out of the State any protected/wild plant except with an import/export permit/license. Any person who contravenes these laws commits an offense and shall be liable upon conviction to a fine of not more than RM50,000.00 or not more than 5 years imprisonment or both depending on whether the offense is commited in Sabah, Sarawak or Peninsular Malaysia. In some states, the penalty includes a fine of RM2,000.00 or five times the value of the plant imported or exported.
Further updates from Fauzi:
I have checked the matter with Pn Nor Mah Bt Hj Ahmad of Jabatan Kawalan dan Kuarantin Tumbuhan, Ibu Pejabat Jabatan Pertanian, Kuala Lumpur.
According to her, permit and phytosanitary certificate is required if you are transporting the plants within Sabah & Sarawak to Peninsular Malaysia as Sabah and Sarawak are considered a different geographycal area from Peninsular Malaysia. To transport the plant within Peninsular Malaysia no permit is required. Since Sarawak have its own wildlife Ordinance and Rules, and Sabah its Enackment, to transport plants within this two state also require permit and phytosanitary certificates.
No permit is required to keep Nepenthes. According to her, it has not been the department’s policy to carry out raids on individual premise unless they have prior information that plants are being smuggled. Their main concern is at the entry point such as airport and other checkpoints where plants can be brought in illegally without the import permit.
In Sarawak, you need to have a permit for each of your Nepenthes. The cost is (RM10/annually/plant) as stated in the Sarawak Wildlife Protection Rules (1998). You also need to have a permit to sell Nepenthes and etc.
According to my friend who works in Jabatan Hutan Sarawak, Wisma Sumber Alam, Kuching, todate they have yet to enforce the rules on the RM10.00 annual permit on individual. What they are more concern about is the collection of wild plants. Previously they have caught people trying to smuggled wild Nepenthes, Orchids etc. at the airport. The rule has been set up in 1998 but they have yet to enforce it.
The rule states:
” To keep in captivity or to possess protected animal or protected plant” the fee is RM10.00 per annum per animal, plants or part thereof.
Quote from the 2nd Schedule of the Wildlife Protection Rules 1998, Fees for License and Permit (pg 16)
There is no mentioned of wild or artificial propagated plants - so it is back to our own interpretation. But for export permit, no permit will be issued for wild plant. It is only for research purposes or by government agencies on a special request.
Comment by David — July 16, 2008 @ 8:47 am