For the purposes of this Act, fauna is divided into the following classes:-. a) permanently protected fauna; (b) protected animal species. This Act is administered by the Minister and the Under Secretary and other officers depending on the Minister.
- Classification
- Exemption from liability in respect of injured or sick fauna
- Power to take protected fauna causing or likely to cause damage (1) Upon proof to his satisfaction that protected fauna-
- Taking non-protected fauna and keeping prohibited fauna
A person guilty of an offense against this Part is liable for a first offense to a fine of not less than $100 or not.
PART VI-OPEN SEASONS
2) (a) Application for open season fauna permit-. i) will be made to the guardian or an authorized official (ii) will be in the prescribed form;. iii) shall contain the specified data; (iv) shall be accompanied by the prescribed fee. in writing by him on his behalf;. The holder of (a) takes the protected fauna in or in a place that is outside (b) takes the protected fauna more than the number that is.
- Notices indicating sanctuary, refuge or reserve. ( 1 ) The Conservator or a person authorized by him in that behalf may from time
- Power to require persons to quit a sanctuary, refuge or reserve
- Power to carry out works for fauna conservation. The Minister
- Restriction of use of dogs or other animals. A person who for the purpose of-
This Part shall be read and construed so as not to derogate from any other provision of this Act with respect to the capture of fauna. Notwithstanding any other law or enactment, a person who except by or under the authority of this Act shall--. a) takes fauna or flora into a refuge;. Notwithstanding any other law or statute, a person who except by or under the authority of this Act shall-. a) takes fauna or flora into a reserve;.
OF an officer or person authorized in that order may perform works within a refuge or reserve or do any act or make such provision as he deems necessary or desirable for the conservation of fauna in that refuge or reserve. A submission by the Under-Secretary to the Governor in Council for the declaration of land as a refuge or reserve for the purposes of this Act shall not be made except in accordance with this section. A person who fails to make a submission within the prescribed time shall, for the purposes of this Part, be deemed to have agreed to the proposal.
- Application
- Power to permit taking or keeping of fauna for particular purposes
- Limitation of authority under licence. A licence granted and issued under this Division shall not authorize the taking of fauna of any
- Offences by fauna dealers and other persons dealing in fauna
- Prohibition of dealings in fauna other than permanently protected fauna. (1) A person who save by or under the authority of this Act-
- Recovery of royalty
- Power to detain fauna seized until royalty is gai
A person shall not take, keep or attempt to take or keep fauna of any kind unless he is the holder of a permit, permit, certificate or other authority issued and issued under this Act. b). A person shall not remove from the premises of a fauna dealer fauna or any part thereof for which the royalty payable under this Act remains unpaid. This section is in addition to and does not derogate from any other provision of this Act with respect to keeping, buying, selling or otherwise disposing of permanently protected fauna.
A person who buys or sells or attempts to buy or sell, holds for sale, prepares for sale, manufactures, accepts for sale, otherwise deals in, receives or forwards on consignment or otherwise permanently protected fauna or any part thereof or transfers an article made in whole or in part from the skin thereof or incorporates permanently protected fauna is guilty of an infringement of this law. I) The State Secretary or nature conservationist may, on application and after being satisfied that no violation of this Act has been established in relation to this Act, grant and issue a written permit to the holder of a wildlife trader's permit, in which he is authorized to: cordon off or otherwise remove protected fauna at a time other than during an open season in relation to that protected fauna. Power to detain wildlife until royalties are paid. in respect of which royalties due under this Act are not paid, which have been seized by a wildlife officer, may be retained by him until such royalties have been paid.
PROVISIONS
Power of court to revoke or suspend licence or other authority
This section shall not prejudice or affect any other provision of this Act relating to the revocation or suspension of a licence, permit, certificate or other authorization under this Act and failure by a Judge or judges to make an order under this Act otherwise not affected in any way. Section does not prevent the Minister from exercising the power conferred on him by section 76. 3) A copy of any order made in terms of this section shall be sent to the Under-Secretary by the proper officer of the court which recorded the conviction. Where a licence, permit, certificate or other authority under this Act is suspended, it shall be of no force or effect, authority under this Act is suspended, it shall be of no force or effect during the period of suspension, and remain from force only for the period during which it would have remained in force but for the suspension. Forgery and similar offenses in relation to a license or other (a) may not issue a licence, permit, certificate or.
4) Proceedings for an offense against this Act or for the recovery of royalties payable under this Act and unpaid, including by a body corporate, may be taken against a director, manager or secretary or public officer thereof and that person shall be personally responsible. in those proceedings for the criminal offense or, as the case may be, the payment of said royalty. This subsection applies so as not to affect in any way the liability of a body corporate for an offense against this Act or for the payment of royalties under this Act. the disposal of fauna, other plants, equipment or other items seized hereunder may be prohibited for a period of 12 months, unless-. a) it is soonest proved to the satisfaction of the Under-Secretary that, at the time of the seizure and detention, no offense against this law had been committed in relation to the fauna, equipment or other thing seized, in which case that fauna, equipment or other thing shall be returned to the person from whom it was received; or. i) proceedings for an offense against this law in relation to fauna, equipment or other seized items; or. ii) proceedings for an offense against this law in which the seized fauna, equipment or other thing can be used as evidence has been initiated, in which case the seized fauna, equipment or other thing will be prohibited until the final determination of these procedures. if this period exceeds 12 months. 2) (a) Where a person is convicted of an offense against this Act, any fauna, equipment or other thing in respect of which. committed pursuant to such conviction shall be forfeited.
A person who fails to comply with a term or condition imposed by the Minister under this subsection is guilty of an offense against this Act. 3) Notwithstanding this Act, the Minister may order that any fauna, equipment or other thing confiscated under this Act be forfeited to Her Majesty notwithstanding that proceedings have not been commenced for, nor any person convicted of an offense against this Act the law regarding this. The provisions of this Act relating to the seizure, detention or confiscation of fauna shall not prejudice or affect in any way the rights of the Crown in relation to fauna which by virtue of section 7 is the property of the Crown, and such rights may be exercised by In every time.
Saving of rights of Crown in respect of fauna
The provisions of this Act relating to the seizure, detention or confiscation of fauna shall not prejudice or affect in any way the rights of the Crown in relation to fauna which by virtue of section 7 is the property of the Crown, and such rights may be exercised by In every time. is or has been carried out, that officer believes that the procedures under this article are adequate, he may, after ascertaining the name and address of the habitual residence of-. In a procedure for the purposes of this law- of this law-. a) it is not necessary to prove the appointment of an officer or guardian of honor, nor the authority of an officer or guardian of honor to perform any action or to give any instructions or orders;. The Minister, Under-Secretary or Conservator may, generally or otherwise, as provided in the instrument of delegation, in writing signed by him, delegate to any person all or any of his powers, authorities, functions and duties under this Act, in addition to this delegation competence. .
Secretary, conservator or any other officer or honorary protector because of anything done under this Act or done in good faith and with the intention of doing so under this Act. (2) The provisions of this Act relating to offenses relating to fauna shall not apply to the Minister or any official acting for a purpose connected with the conservation of fauna, or to an honorary protector exercising his powers or fulfills the functions or duties. has been granted or imposed on him by or pursuant to this law. This section shall not prejudice or in any way affect any right or remedy which the owner or occupier of a business may have had against any offender thereof, independently of this Act. A notice, request or other written document authorized or required by this Act and required to be given to a person is duly given if: (a) it is personally served on the person to whom it is addressed;
I) The Governor in Council may make regulations (a) for the powers and duties of wildlife officers and other officers not inconsistent with this Act for or in relation to-. 0) fees (including royalties) payable under this Act; matters for which fees and royalties are due; methods of collecting it; method, time and place of payment thereof; persons by whom and the fauna for which compensation and royalties are payable; all matters related to the collection thereof; p) the production and delivery of tickets, invoices or delivery notes relating to wildlife shipped or sold; the information that these tickets, invoices or packing slips must contain;
