Law

Net

For Reference Only

LAWS OF SARAWAK
ONLINE VERSION OF
UPDATED TEXT OF REPRINTak

Chapter 24

aw

SARAWAK BIODIVERSITY CENTRE
ORDINANCE, 1997

Sar

Incorporating all amendments up to 30th September, 2015

PREPARED AND PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, SARAWAK
UNDER THE AUTHORITY OF THE REVISION OF LAWS ORDINANCE, 1992

2007

For Reference Only

Date ofAssent … … … …

Date of

Publication

Gazetteakaw
Sar

17th November, 1997
27th November, 1997

4th December, 1997

Law

in

Ne

Date Passed by Dewan
Undangan
Negeri … … … … … …

t

SARAWAK BIODIVERSITY CENTRE
ORDINANCE, 1997

For Reference Only

1
LAWS OF SARAWAK_______________Ne

SARAWAK BIODIVERSITY CENTRE
ORDINANCE, 1997t

Chapter 24

ARRANGEMENT OF SECTIONS_______________

Law

PART IPRELIMINARY
Section1.

Short title and commencement

2.

Interpretation

PART II

THE SARAWAK BIODIVERSITY COUNCIL
AND BIODIVERSITY CENTRE
Establishment of Sarawak Biodiversity Council

4.

Constitution of the Council

5.

Sarawak Biodiversity Centre

6.

Powers of the Council

7.

Appointment of officers and employees

9.
10.

Members and officers of the Council deemed to be public servants
Directions of the Minister
Appointment of committees and advisers
Delegation of powers, functions and duties

Sar

11.

aw

8.

ak

3.

12.

Protection from personal liability

13.

Execution of documents
PART IIIFINANCE AND ACCOUNTING PROCEDURE

14.

Grants to the Council

For Reference Only

2

CAP. 24

SectionBiodiversity Centre Fund

16.

Purposes of the Fund

17.

Vesting of property

18.

Annual report

19.

Accounts of the Council

20.

Annual estimates

Law

PART IV

Ne

t

15.

LEGAL PROCEEDINGS, OFFENCES AND PENALTIES, ETC.
21.

Protection of biological resources22.

Penalty for collection of protected resources

22A. Compliance with other laws

22B. Delivery of report of scientific study or research on biological resources inSarawak
Conditions for permit

24.

Duration of permit

25.

Unauthorized taking of exhibits, data or resources from the Biodiversity
Centre26.

Powers of entry and investigation

27.

Powers of search

28.

Powers of seizure

30.
31.

Powers of arrest
Obstruction

Liability of director, etc.
Conduct of prosecution

Sar

32.

aw

29.

ak

23.

33.

Legal representation

34.

Compounding of offences

35.

Regulations

PART VREGULATIONSFor Reference Only

3
LAWS OF SARAWAKNeSARAWAK BIODIVERSITY CENTRE
ORDINANCE, 1997t

Chapter 24

An Ordinance to establish the Sarawak Biodiversity Centre andthe Sarawak Biodiversity Council and for purposes incidental thereto.

Law[1st January, 1998]

Enacted by the Legislature of Sarawak—
PART IPRELIMINARY
Short title and commencement

Interpretation

In this Ordinance—

aw

2.

ak

1.
This Ordinance may be cited as the Sarawak Biodiversity
Centre Ordinance, 1997, and shall come into force on the 1st day ofJanuary, 1998.

Sar“biodiversity” means biological diversity, being thevariability among living organisms from all sources, including
plant materials, terrestrial, marine and other aquatic ecosystems
and the ecological complexes of which they are part, and thediversity within species, between species and ecosystem, andincludes biological resources;“Biodiversity Centre” means the Sarawak Biodiversity
Centre established under section 5;“biological resources” includes genetic resources, organisms
or microorganisms or parts thereof, population and any otherbiotic components of an ecosystem with actual or potential use orvalue for humanity and derivatives therefrom, and information in
relation thereto;[Sub. Cap A163/2014.]

For Reference Only

4

CAP. 24Chairman” means the Chairman of the Council appointed
under section 4, and includes any temporary Chairman so
appointed;

Net“Chief Executive Officer” means the Chief Executive Officerof the Council appointed under section 7(1), and includes his
Deputy or any person temporarily discharging the duties of his
office;[Sub. Cap A163/2014.]
Sarawak

Biodiversity

Law“Council” means theestablished under section 3;

Council“Deputy Chairman” means the Deputy Chairman of theCouncil appointed under section 4, and includes any temporary
Deputy Chairman so appointed;

ak“derivatives” includes a naturally occurring chemicalcompound derived, developed or synthesized, from a biologicalresource or resulting from the genetic expression or metabolismof the biological or genetic resource, or part, tissue or extract,whether it contains functional units of heredity or otherwise, andinformation in relation to the chemical compound;[Ins. Cap A163/2014.]

aw“financial year” means a period of twelve months beginningon 1st January in any year;“genetic resources” means any material of plant, animal,
microbial or other origin that contains functional units of heredity
and that has actual or potential use or value for humanity;[Ins. Cap A163/2014.]

Sar“Government” means the Government of the State ofSarawak;“Minister” means the Minister in the Government having
responsibility for natural resources;“premises” includes any building, store, shed, vehicle, vesselor structure, whether enclosed or otherwise.
[Am. Cap A106.]For Reference Only

5

SARAWAK BIODIVERSITY CENTRE

Net“research and development” includes any form of study,
analysis, evaluation, isolation, testing, experiment, examinationor screening of biological resources to determine their medicinal,
pharmaceutical, therapeutic, nutritional, industrial, agriculturalproperties or qualities, or their functional ingredient for any
purpose including potential commercial development.
[Ins. Cap A163/2014.]
PART IILaw

THE SARAWAK BIODIVERSITYCOUNCIL AND BIODIVERSITY CENTRE
Establishment of Sarawak Biodiversity Council

3.—(1) There is established in accordance with the provisionsof this Ordinance a body corporate to be called the Sarawak
Biodiversity Council.
The Council—(a)shall have perpetual succession;(b)

shall have a common seal; and(c)may, subject to the provisions of this Ordinance—

ak

(2)

aw

(i)
acquire, hold and dispose of property, both
movable and immovable;(ii)

enter into contracts;(iii)

sue and be sued in its corporate name; andSar(iv) perform such other acts as bodies corporate
may by law perform.

Constitution of the Council
4.—(1)The Council shall consist of—(a)a Chairman;(b)a Deputy Chairman;

For Reference Only

6

CAP. 24(c)a Secretary; and(d)not less than six but not more than ten other members,

Net

all of whom shall be appointed by the Majlis Mesyuarat Kerajaan
Negeri.

(2) Subject to the provision of this Ordinance, the members of
the Council shall hold office for such term and subject to suchconditions as the Majlis Mesyuarat Kerajaan Negeri may determine.

Law(3) The Majlis Mesyuarat Kerajaan Negeri may appoint any
person to be temporary member of the Council during the temporary
incapacity from illness or otherwise, or during the temporary absencefrom Malaysia, of any member of the Council.

ak(4) The Majlis Mesyuarat Kerajaan Negeri may appoint any
member of the Council to be a temporary Chairman or temporary
Deputy Chairman during the temporary incapacity from illness orotherwise, or during the temporary absence from Malaysia, of the
Chairman or the Deputy Chairman, as the case may be.
(5) The Majlis Mesyuarat Kerajaan Negeri may, at any time,
accept the resignation of any member of the Council.

aw(6) The Majlis Mesyuarat Kerajaan Negeri may, at any time,
revoke the appointment of the Chairman, the Deputy Chairman, theSecretary and any other member of the Council.
(7) The Council may act notwithstanding any vacancy in its
membership.

Sar

Sarawak Biodiversity Centre
5.
The Council shall establish, manage and maintain abiodiversity centre to be named the Sarawak Biodiversity Centre for the
purpose of—(a) providing the Government and other institutions
approved by the Government with accurate information or data on
the status, magnitude, distribution, usage and value of thebiodiversity in the State;

For Reference Only

7

SARAWAK BIODIVERSITY CENTRE

Net(b) the management and sustainable utilization of thebiodiversity of the State, including determining policies andguidelines for scientific research or experiment related to the use of
biological resources of Sarawak for pharmaceutical, medicinal,
therapeutic, and other specific purposes;(c) maintaining a library of extracts of biological resources
collected by the Sarawak Biodiversity Centre available forresearch and development and for maintaining records of anddatabases for biological resources found in the State;

Law[Am. Cap A163/2014.](d) ensuring that all collections of biodiversity and related
data are maintained for the purposes of inventory and study of thebiodiversity of Sarawak;(e) formulating programmes for systematic surveys of
biodiversity and the collection and analysis of data relating
thereto;[Am. Cap A163/2014.]awak(f) undertaking
researchanddevelopment
anddocumentation of the traditional uses of biological resources by
the native communities in the State, including ethnobotany or
ethnobiology;(g) identifying new natural and biotechnological products
derived from the biodiversity of the State;Sar(h) providing facilities for research and development
including the characterization of chemical compounds, of genes
and of proteins;[Am. Cap A163/2014.](i) establishing linkages and partnership with otherinstitutions or bodies, within or outside Malaysia to undertake
research and development from the biological resources of theState; and[Am. Cap A163/2014.]

For Reference Only

8

CAP. 24(j) generally to promote education and knowledge of thebiodiversity of the State.

Net[Am. Cap. A106.]
Powers of the Council

6.
The Council shall have the following powers for thedischarge of its functions and duties under this Ordinance:Law(a) to carry out all activities, the carrying on of whichappears to the Council to be necessary, advantageous orconvenient for or in connection with the discharge of its duties;(b) to undertake the collection of biological resources forresearch and development, and for the establishment of a libraryof extracts of biological resources for the purposes referred to in
section 5(c);ak(bb) to ensure that prior informed consent is obtained fromthe natives where traditional knowledge associated with abiological resource is accessed and an agreement that includes
benefit sharing based upon mutually agreed terms is entered into;aw[Sub. Cap. A106, Am. Cap. A163/2014.](c) to promote the carrying on of any such activities byother bodies or persons or jointly with such other bodies or
persons;

Sar(d) to carry on such activities in association orcollaboration or in joint venture with other bodies or persons
including the departments or agencies of the Government or of
the Government of Malaysia;(e) with the approval of the Minister, to acquire, purchase,lease, take, hold and enjoy movable and immovable property of
every description and sell, convey, assign, surrender and yield up,
mortgage, demise, reassign, transfer or otherwise dispose of any
movable or immovable property vested in the Council upon suchterms as the Council thinks fit;For Reference Only

9

SARAWAK BIODIVERSITY CENTRE(f) to erect and maintain all necessary buildings for the
purposes of the Biodiversity Centre;t(g) to manage the Biodiversity Centre or to appoint any
person or body to manage the same on its behalf;Ne(h) to acquire, install and maintain exhibits for the
Biodiversity Centre;(i) to establish systems for maintaining and updating of
databases of biodiversity in the Biodiversity Centre;

Law(j) to receive donations, grants, gifts of movable or
immovable property from any source or to raise funds by any
lawful means;(k) to regulate and control public access to the Biodiversity
Centre or the exhibits or resources maintained therein, and to
charge fees for such access;ak(l) to make provision for the specialized training of
officers or employees of the Council and in that connection may
offer scholarships to intending trainees or otherwise pay for thecourse of such training and all expenditure incidental thereto;(m) to enter into contracts, establish trusts and generally toregulate transaction of all business connected with the Council;
andaw(n) to discharge such other functions as may be assigned to
the Council by the Majlis Mesyuarat Kerajaan Negeri.
Appointment of officers and employeesSar

7.—(1) The Council may from time to time appoint andemploy a Chief Executive Officer and such other officers andemployees as may be necessary to assist the Council in carrying out its
functions and duties and may, subject to terms and conditions
determined by the Council under subsection (3), dismiss them:
Provided that the approval of the Minister shall be obtained in
respect of the appointment of the Chief Executive Officer of theCouncil.
(2) All officers and employees of the Council shall be under
the administrative control of the Chief Executive Officer.

For Reference Only

10

CAP. 24Net(3) The Council may, with the approval of the Minister, makestanding orders to provide for the terms and conditions of service,including loans and allowances and the conduct and discipline of
officers and employees of the Council.
Members and officers of the Council deemed to be public servants

Directions of the Minister

Law

8.
All members, officers and employees of the Council shallbe deemed to be public servants within the meaning of the Penal Code[Act 574].

9.—(1) The Minister may give to the Council such directions,
not inconsistent with the provisions of this Ordinance, as he thinks fit,
as to the exercise and performance by the Council of its powers, duties
and functions under this Ordinance, and the Council shall give effectto all such directions.

ak(2) The Council shall furnish the Minister with suchinformation with respect to its property and activities as he may fromtime to time require.
Appointment of committees and advisersaw

10.—(1) The Council may, in its discretion, appoint from amongits own members or other persons who are not members of theCouncil one or more committees consisting of persons who may or
may not be members of the Council for purposes which, in the opinionof the Council, would be better regulated and managed by means ofsuch committees.

Sar(2) The Council may appoint any person with the requisite
experience, expertise and knowledge in biological or genetic
resources, as adviser or consultant for the Council, and may form aPanel of Advisers or Consultants to advise the Council on the
discharge of its functions or duties.

For Reference Only

11

SARAWAK BIODIVERSITY CENTRE

Delegation of powers, functions and duties

Law

Ne

t

11.—(1) The Council may, subject to such conditions or
restrictions as it thinks fit, delegate to any committee referred to in
section 10(1) or the chairman thereof or any officer of the Council allor any of the powers, functions and duties vested in the Council by
this Ordinance, (other than the power to delegate conferred by thissection) and any power, function or duty so delegated may be
exercised or performed by that committee or the chairman thereof or
the officer in the name and on behalf of the Council.
[Am. Cap. A106.](2) The Council may continue to exercise any power conferred
upon it, or perform any function or duty under this Ordinance,
notwithstanding the delegation of that power, function or duty under
this section.

ak

Protection from personal liabilityaw

12.—(1) No action, suit, prosecution or proceedings shall be
brought or instituted against any member of the Council in respect of
any act done bona fide in pursuance or execution or intended
execution of this Ordinance.
(2) Where any member of the Council is exempt from liability
by reason only of this section, the Council itself is liable only to theextent that it would be if that member of the Council were an
employee or agent of the Council.

Sar

Execution of documents

13. All deeds, documents or other instruments requiring theseal of the Council shall be sealed with the common seal of theCouncil in the presence of the Chairman or the Deputy Chairman and
the Chief Executive Officer, who shall sign every such deed,
document or other instrument to which the common seal is affixed andtheir signing shall be sufficient evidence that the seal was duly andproperly affixed and that it is the lawful seal of the Council.

For Reference Only

12

CAP. 24PART IIIFINANCE AND ACCOUNTING PROCEDUREt

Grants to the Council

Ne

14. For the purpose of enabling the Council to carry out its
functions under this Ordinance, the Government may, from time totime, make grants to the Council of such sums of money as it may
determine.

Law

Biodiversity Centre Fund

15. All moneys received or raised by the Council shallforthwith be paid into such banks or other financial institutions as mayfrom time to time be decided by the Council to the credit of a fund tobe called the Biodiversity Centre Fund (referred to in this Ordinanceas “the Fund”) which shall be controlled and administered by theCouncil, subject to the directions of the Minister.
Investment of moneysaw

ak

15A. All moneys not immediately required to be expended in themeeting of any obligations or the discharge of any functions of theCouncil may be invested in any bank or financial institution licensed
under the Financial Services Act 2013 [Act758] or Islamic Financial
Services Act 2013 [Act 759], or in such other investments or securities
as may from time to time be approved by the Council.
[Ins. Cap. A163/2014.]

Application of the FundSar

16. The moneys standing to the credit of the Fund may be
applied for the following purposes:(a) the payment of the expenses of, or connected with, theadministration of the Council;(b) the administration, management and operation of the
Biodiversity Centre;(c) the salaries, fees, provident fund contributions,superannuation allowances and gratuities of the officers andemployees of the Council.

For Reference Only

13

SARAWAK BIODIVERSITY CENTRE(d) the granting of loans to the officers and employees of
the Council;
the repayment of loans made to the Council; and

t

(e)

Ne

(f) the payment of all expenses necessary for carrying out
the provisions of this Ordinance.
[Sub. Cap. A163/2014.]
Vesting of property

Law

17. The Majlis Mesyuarat Kerajaan Negeri may, by
notification in the Gazette, vest in the Council any property as may beconsidered necessary to enable the Council to carry out its functions
and duties under this Ordinance.
Annual reportak

18. The Council shall, as soon as possible after the close ofeach financial year, submit to the Majlis Mesyuarat Kerajaan Negeri
an annual report on the activities of the Council during that financial
year, and the Minister shall present a copy of the report to the Dewan
Undangan Negeri.
Accounts of the Council

aw

19.—(1) The Council shall keep proper accounts and otherrecords of its own and shall prepare in respect of each financial year astatement of its accounts in a form approved by the Majlis Mesyuarat
Kerajaan Negeri.

Sar(2) The accounts of the Council shall be audited by a qualified
auditor appointed annually by the Council with the approval of theState Financial Authority and the auditor shall make a report on theaccounts examined by him.
(3) As soon as the accounts of the Council have been audited
in accordance with subsection (2), a copy of the statement of accounts
together with a copy of any report made by the auditor shall be
submitted to the Majlis Mesyuarat Kerajaan Negeri, for its
examination and approval, and thereafter the Minister shall present to
the Dewan Undangan Negeri a copy of every such statement andreport.

For Reference Only

14

CAP. 24(4) The Statutory Bodies (Financial and Accounting
Procedure) Ordinance, 1995 [Cap. 15], shall apply to the Council.

tAnnual estimates

PART IVNe

20. The Council shall obtain in advance the approval of the
Minister for its annual estimates of expenditure and for any
supplementary estimates of its expenditure.

Law

LEGAL PROCEEDINGS, OFFENCES AND PENALTIES, ETC.
Protection of biological resources21.—(1) The Council may, with the approval of the Minister, by
notification in the Gazette, declare any biological resources asprotected resources (“protected resources”) by reason that suchbiological resources—ak(a) upon research and development conducted by theSarawak Biodiversity Centre or parties collaborating with theSarawak Biodiversity Centre, have properties of medicinal,
pharmaceutical, therapeutic, industrial or agricultural or theirfunctional ingredients or nutritional values; oraw(b) are required for the purpose of research anddevelopment undertaken by the Sarawak Biodiversity Centre forthe purposes of this Ordinance; or(c) have to be protected for the conservation orpreservation thereof.

Sar(2) No person shall, without a permit issued by the Council
and subject to such terms and conditions as may be stipulated in suchpermit—(a) collect or take away any protected resources from theirnatural habitat or place where they are found or grown; or(b)take any protected resources out of the State,

for the purpose of any research and development.
[Sub. Cap. A106, Am. Cap A163/2014.]

For Reference Only

15

SARAWAK BIODIVERSITY CENTRE

Penalty for collection of protected resources

Law

Ne

t

22. Any person who, without a permit from the Council,
collects or takes away any protected resources from their habitat orplace where they are found or grown for the purpose of research anddevelopment or take such resources out of the State, shall be guilty or
an offence: Penalty, (a) where such person is an individual, to a fine of
not less than fifty thousand ringgit and not more than two hundred
thousand ringgit, or to imprisonment for a term of not exceeding five
years or to both; (b) where such person is a body corporate, to a fine of
not less than one hundred thousand ringgit and not more than five
hundred thousand ringgit.
[Sub. Cap. A106, Sub. Cap A163/2014.]

Compliance with other lawsak

22A. Nothing in this Ordinance shall be deemed to have relieved
a person from compliance with other relevant written laws pertaining
to the collection, removal, taking away of or removal of biologicalresources from any State land forest, protected forest, forest reserve,
national park, nature reserve or wild life sanctuary.
[Ins. Cap. A106.]aw

Delivery of report of research and development on biologicalresources in SarawakSar

22B. Any person who conducts or carries out any research anddevelopment on biological resources found in Sarawak shall, subject
to and in accordance with regulations made under section 35(1),deliver, at his own expense, a copy of the final report of such researchand development to the Sarawak Biodiversity Centre.
[Ins. Cap. A106, Am. Cap A163/2014.]

Conditions for permit
23. No permit shall be issued by the Council except inaccordance with rules made under section 35, and subject to thecondition that the applicant enters into an agreement stipulating—For Reference Only

16

CAP. 24(a) the terms and conditions for research into and the useof the protected resources; andt[Am. Cap. A106.]Ne(b) the manner and mode of protection of any patent or
intellectual property rights related to any invention or discovery
made consequent upon such study or research,

Duration of permit

Law

and that the applicant deposits such sum or provides such bond as may
be determined by the Council, to secure the due observance orcompliance by the applicant of the terms and conditions of the permit,
the agreement aforesaid and the provisions of this Ordinance.

ak

24. No permit issued under section 23 shall be for a period of
exceeding three years and shall stipulate the locality or area whereincollection, under the permit may be made, or from which protectedresources may be removed, or for the taking away of such resourcesfrom Sarawak.
[Am. Cap. A106.]

Unauthorized taking of exhibits, data or resources from the
Biodiversity Centre

Sar

aw

25. Any person who without the written authority from the
Chief Executive Officer or a person duly authorized by him, takes
away, removes from or makes use of any biological resource, exhibit,
data, material or information kept, stored or maintained in the
Biodiversity Centre shall be guilty of an offence: Penalty a fine oftwenty thousand ringgit or imprisonment for three years or both suchfine and imprisonment.
Powers of entry and investigation
26. The Chief Executive Officer, any police officer or customs
officer or any other officer authorized in writing in that behalf by the
Chief Executive Officer may without warrant enter any land or
premises upon which any collection, study, research or experiment isbeing carried out on biological resources of the State with a view toascertaining whether the provisions of this Ordinance or theFor Reference Only

17

SARAWAK BIODIVERSITY CENTRE

Netconditions of any permit granted under this Ordinance are being
complied with, and may make such investigation and inspectionof the land or premises or the activities described above, and callany person to produce such materials, books, records, reports or otherdocuments or things and to furnish any information as the Chief
Executive Officer or such officer authorized by him or a police officer
or customs officer may consider necessary for the purpose of
conducting such investigation:

Law

Provided that any person not in uniform purporting to exercise
any powers under this section shall on demand produce his written
authority to the owner or occupier of such land or premises demanding
the same.
[Am. Cap A163/2014.]

Powers of searchawak

27. The Chief Executive Officer, any police officer or customs
officer or any other officer authorized to exercise the powers of entry
or investigation under section 26 may, without warrant and with orwithout assistance, enter any land or premises if he considers it to benecessary if he has reason to believe that an offence under thisOrdinance has been committed and may search any place and any
person whom he reasonably believes to be concerned in the control ormanagement or use of such land or premises, or to be an employee,
servant or agent of the owner or occupier thereof:
Provided that no woman shall be searched under this section
except by a woman.

Sar

Powers of seizure28.—(1) The Chief Executive Officer, any police officer orcustoms officer or any other officer authorized to exercise the powersof entry or investigation under section 26 may seize, remove anddetain any goods, tool, equipment, document, material or any otherthing which is used or employed in relation to any collection, study,
research or experiment being carried out on biological resources of theState, which he reasonably believes to be or has been used, in theFor Reference Only

18

CAP. 24

commission of an offence or to contain evidence relating to such an
offence under this Ordinance.

Net(2) No claim or action shall lie against the Chief Executive
Officer, police officer, customs officer or any other officer authorized
in writing by the Chief Executive Officer in that behalf in respect of
the seizure, removal or detention of any such goods, tool, equipment,
document, material or other thing under subsection (1).

Powers of arrest

Law(3) Any goods, tool, equipment, document, material or otherthing seized, removed or detained under subsection (1) may be sold by
the Chief Executive Officer by public auction or otherwise disposed ofas the court may order, and the proceeds thereof shall, after being
applied to cover the costs of such seizure, removal or detention andsale, be returned to the rightful owner.

(a)

ak

29.—(1) The Chief Executive Officer or any other officer
authorized to exercise the powers of entry or investigation under
section 26 may arrest without warrant any person whom he reasonably
suspects of committing or attempting to commit or aiding any person
to commit any offence under this Ordinance and—who refuses to furnish his name and address; oraw(b) who furnishes a name or address reasonably suspectedof being false or who furnishes an address outside Malaysia; or(c)

who is reasonably suspected of being likely to abscond.

Sar(2) Every person so arrested shall as soon as possible bedelivered into the custody of a police officer to be dealt with according
to law.
Obstruction

30. Any person who obstructs the Chief Executive Officer, any
police officer or customs officer or any other authorized officer
lawfully exercising any powers conferred on him by or under thisOrdinance shall be guilty of an offence: Penalty, a fine of fiveFor Reference Only

19

SARAWAK BIODIVERSITY CENTRE

Sar

aw

ak

Law

Ne

t

thousand ringgit or imprisonment for two years, or both such fine andimprisonment.

For Reference Only

20

CAP. 24

Liability of director, etc.

Law

Ne

t

31. Where an offence under this Ordinance has beencommitted by a body of persons, corporate or unincorporate, any
person who at the time of the commission of such offence was a
director, manager, secretary or other similar officer of the body of
persons or who was purporting to act in any such capacity, shall bedeemed to be guilty of that offence unless he proves that the offence
was committed without his consent or connivance, and that heexercised such diligence to prevent the commission of the offence as
he ought to have exercised having regard to the nature of his functionsin that capacity and to all the circumstances and shall, on conviction,
be liable to the penalty applicable to an individual.
[Ins. Cap. A163/2014.]

Conduct of prosecution

ak

32. Prosecution of any offence under this Ordinance or its
regulations may be conducted by the Public Prosecutor or any person
duly authorized in writing by him under section 377 of the Criminal
Procedure Code [Act 593].
[Sub. Cap. A106.]aw

Legal representation

Sar

33. In regard to any suit, action or proceedings of a civil natureby or against the Council or any member thereof or any officer of theCouncil in his official capacity, the State Attorney-General, or a State
Legal Officer duly authorized by him, or an Advocate appointed by
the Council, may represent, appear and plead on behalf of the Council
or its member or officer in any court having jurisdiction over such
suit, action or proceedings.
Compounding of offences
34. The Chief Executive Officer or any other officer of theCouncil authorized in writing in that behalf by him may compound
any offence under this Ordinance by accepting from the person

For Reference Only

21

SARAWAK BIODIVERSITY CENTRE

reasonably suspected of having committed such offence a sum ofmoney not exceeding one half of the fine stipulated for the offence.

Regulations

Ne

REGULATIONStPART V

35.—(1) The Majlis Mesyuarat Kerajaan Negeri may makeregulations for or in respect of—Law(a) the convening of meetings of the Council and theprocedure to be followed;(b) the payment of fees, honorarium, allowances andbenefits to members of the Council, or advisers or consultants
appointed under section 10(2);(c)

the management and control of the Biodiversity Centre;

(e)

ak

(d) the terms and conditions for access to and use of
biological resources (including protected resources) of the Stateor such resources, data, exhibit, information or materials kept,
stored or maintained in the Biodiversity Centre;[Sub. Cap. A163/2014.]

permits to be issued under this Ordinance;aw(f) the exercise of the Council’s powers and functions
under the provisions of this Ordinance; and(g) such other purposes which may be considered to benecessary for carrying out the provisions of this Ordinance.

All regulations made under this Ordinance—

Sar

(2)

[Am. Cap. A106.](a) may prescribe that any act or omission in contravention
thereof is an offence; and(b) may provide for the imposition of a penalty, (i) wheresuch person is an individual, to a fine of not less than fifty
thousand ringgit and not more than two hundred thousand ringgit,
or to imprisonment for a term of not exceeding five years or toboth; (ii) where such person is a body corporate, to a fine of notFor Reference Only

22

CAP. 24less than one hundred thousand ringgit and not more than five
hundred thousand ringgit.

Sar

aw

ak

Law

Ne

t

[Am. Cap. A106, Sub. Cap. A163/2014.]

For Reference Only
[List of Amendments]
23

SARAWAK BIODIVERSITY CENTRE

LAWS OF SARAWAK

Amending Law

Short Title

Cap. A106

Sarawak Biodiversity Centre(Amendment) Ordinance, 2003

Ne

SARAWAK BIODIVERSITY CENTRE
ORDINANCE, 1997t

Chapter 24(a) The whole of Cap. A106
except section 11

1st April, 2004
(Swk. L.N. 9/2004)(b) Section 11 of Cap. A106

1st January, 1999

Sarawak Biodiversity Centre(Amendment) Ordinance, 2014

1st June, 2015
(Swk. L.N. 295/2015)

In force from

Law

LIST OF AMENDMENTS

Sar

aw

ak

Cap. A163

DICETAK OLEH PERCETAKAN NASIONAL MALAYSIA BERHAD, KUCHING, SARAWAK

BAGI PIHAK DAN DENGAN KUASA PERINTAH KERAJAAN SARAWAK