Protection of Wild Life and Wild Plants and Conservation of Natural Areas Law (Law No. __/94, 1994)

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PROTECTION OF WILD LIFE AND WILD PLANTS
AND CONSERVATION OF NATURAL AREAS LAW
State Law and Order Restoration Council Law No. __/94

The State Law and Order Restoration Council hereby enacts the following Law:

CHAPTER I
TITLE AND DEFINITION

2.    The following expressions contained in this Law shall have the meaning given hereunder:

• Wild Life and Wild Plants mean the wild life and wild plants in their habitats;
• Wild Life means naturally bred animals, birds, insects, aquatic animals and their spawns, larvae, frys and seeds within their habitats;
• Wild Plant means trees, shrubs, climbers, bamboos, canes, orchids, fungus, aquatic plants and their seeds growing in their natural state within their habitats;
• Natural Area means the area determined under this Law for the purpose of preserving wild life, wild plants, living and non-living organisms or significant landscape for their sustainment;
• Living and Non-living Organisms mean the evolving ecosystem constituting the living and non-living organisms and plants living in symbiosis and the natural environment evolved from such system;
• Habitat means the area in which wild life live in their natural state and the area where plants grow in their natural state;
• Zoological Garden means a place where animals are kept in captivity for research and where the public may visit for recreation, on payment of a fee;
• Botanical Garden means an arboretum where wild plants and cultivated plants are preserved for research and where the public may visit for recreation, on payment of a fee;
• Forest Land means reserved forest formed under the Forest Law and protected public forest notified under the said Law;
• Committee means the Committee for the protection of Wild Life and Wild Plants and Conservation of Natural Areas formed under this Law;
• Supervisory Body means the Zoological Garden or Botanical Garden Supervisory Body established under this Law;
• Minister means the Minister of the Ministry of Forestry;
• Director General means the Director General of the Forest Department;
• Forest Officer means the officers at different levels from the Head of Township Forest Department to the Director General of the Forest Department who have been assigned to carry out the functions and duties under this Law;
• Forest Staff means the staff at different levels from a Forest Guard to the Director General of the Forest Department who have been assigned to carry out the functions and duties under this Law.

CHAPTER II
OBJECTIVES

3.    The objectives of this Law are as follows:

1. to implement the policy of protecting wild life and wild plants of the Government;
2. to implement the policy of conserving the natural areas of the Government;
3. to carry out in accordance with International Conventions adopted by the State in respect of the preservation of wild life and wild plants, living and non-living organisms and migratory birds;
4. to protect wild life and wild plants liable to the danger of extinction and the habitats thereof;
5. to contribute towards works of natural scientific research;
6. to protect wild life and wild plants by the establishment of zoological gardens and botanical gardens.

CHAPTER III
FORMATION OF THE COMMITTEE AND FUNCTIONS AND DUTIES THEREOF

4.    The Government:

1. shall form the Committee for the Protection of Wild Life and Wild Plants and Conservation of Natural Areas consisting of the following persons:

i.	Minister, Ministry of Forestry	Chairman
ii.	representative from the relevant Government departments and Government Organizations	Members
iii.	relevant luminaries and experts	Members
iv.	a person assigned responsibility by the Chairman	Secretary

 

2. The Government may determine the Vice-Chairman and Joint Secretary when necessary.

6.    The duties and functions of the Committee are as follows:

1. giving guidance to enable implementation of the objectives of this Law;
2. submitting suggestions to enable the Government to lay down policies relating to protection of wild life and wild plants;
3. submitting suggestions to enable to the Government to lay down policies relating to the conservation of natural areas;
4. co-ordinating with relevant Government department and Government organizations for determination of natural areas and establishment of the zoological garden and botanical garden;
5. supervising the performance of functions relating to protection of wild life and wild plants and conservation of natural areas;
6. giving guidance for the protection of wild life and wild plants which are liable to the danger of extinction;
7. giving guidance in respect of the conducting of works of research relating to natural science;
8. communicating and co-operating with foreign countries, international organizations and regional organizations.

CHAPTER IV
DETERMINATION OF NATURAL AREAS AND ESTABLISHMENT OF
ZOOLOGICAL GARDENS AND BOTANICAL GARDENS

7.    The categories of natural areas are as follows:

1. Scientific Nature Reserve;
2. National Park;
3. Marine National Park;
4. Nature Reserve;
5. Wild Life Sanctuary;
6. Geo-physically Significant Reserve;
7. other Nature Reserve determined by the Minister.

1. may in any area, with the approval of the Government and for the purpose of the objective of this Law, by notification if necessary

1. determine the natural areas according to the categories;
2. establish the zoological garden and botanical gardens;

2. if desirous of determining and establishing under sub-section a in any land under the administration of a Government department or Government organization with the exception of forest land shall do so after prior co-ordination with the relevant Government department or Government organization;
3. if desirous of determining and establishing under sub-section a in any land in which an individual or a private organization has the right of cultivation, right of possession, right of use and occupancy, beneficial enjoyment, heritable right or transferable right shall do so after prior co-ordination with the relevant Ministry for acquiring land in accordance with the existing Land Acquisition Laws;
4. shall notify in advance the land on which and the boundary within which it is proposed to determine and establish under sub-section a;
5. shall form and assign duties to a Preliminary Scrutiny Body to inquire into and determine in the manner prescribed the affected rights of the public in the relevant area within which it is proposed to determine and establish under sub-section a and to carry out the work of demarcation.

1. revise, alter the category or cancel the whole or a portion of the area of a natural area determined under section 8;
2. revise or cancel the whole or a portion of the area of the zoological garden or botanical garden established under section 8.

1. shall form a Supervisory Body to supervise each zoological garden or botanical garden established under section 8 and the functions and duties thereof;
2. may alter the formation of or abolish the Supervisory Body, as may be necessary.

12.    The Director General may, with the approval of the Minister:

1. allow, after stipulating conditions scientific research, study of natural environment and recreation in the natural area, with the exception of the totally prohibited area;
2. carry out by providing necessary measures to prevent external environmental dangers and disturbances within the natural areas;
3. exchange wild life and wild plants with foreign countries.

1. may carry out measures to capture and kill in order to preserve the balance of animals for the sustainment of wild life within the natural areas;
2. shall stipulate and notify for public information conditions to be abided by people visiting for recreation the zoological garden and botanical garden established under section 8.

1. preservation to enable the conduct of research on natural evolution system within the scientific nature reserve;
2. preservation of living and non-living organisms and permitting research to be conducted and the public to visit for recreation within the National Park without causing damage to the natural state;
3. preservation of naturally bred animals and coral reefs, planktons, moss and algae which are their habitats, wild life breeding along the coast and in deltaic areas and their habitats within the Marine National Park, in order that they may exist in their natural state;
4. preservation of species of rare wild plants and the natural evolution of living and non-living organisms, for their sustainment within the Nature Reserve;
5. communicating and co-operating with international organizations for the preservation of wild life within a sanctuary and for conserving wetland where migratory birds dwell;
6. conservation of regions which are distinguished for their picturesque landscape and traditional customs within the Geo-physically significant reserve.

CHAPTER V
PROTECTED WILD LIFE AND WILD PLANTS

1. declare according to the following category wild life which are to be protected from the danger of extinction;

1. completely protecting wild life;
2. normally protected wild life;
3. seasonally protected wild life;

2. declare the variety and area of wild plants which are to be protected from the danger of extinction;
3. lay down and carry out measures for the preservation of protected wild life and wild plants;
4. co-ordinate with the relevant department or organization if the wild life and wild plants which are to be determined for protection are under the administration of another Government department or Government organization.

1. allow the right of capture and possession by stipulating conditions to Government departments, Government organizations or non-governmental organizations which have been permitted to conduct research on completely protected wild life to enable scientific research;
2. allow the right of extraction, transportation and possession from the protected natural area to enable experiment and reproduction to a person who has been permitted to conduct research on protected wild plants to enable scientific research.

1. declare the category of wild life which can be raised on a commercial basis from among the normally protected wild life and seasonally protected wild life;
2. allow the right of capture, raising or transfer, by stipulating conditions wild life which can be raised on a commercial basis and which have been declared under sub-section a;
3. allow by stipulating conditions raising normally protected wild life and seasonally protected wild life as a hobby and as a traditional custom;
4. lay down appropriate measures or directives to prevent contagion and in-breeding within the natural area to persons breeding any kind of animal, if necessary within the vicinity of the natural area.

1. The Director General may, with the approval of the Minister made recommendations for the export of wild life permitted to be raised on a commercial basis or any part thereof;
2. The Forest officer assigned by the Director General may permit removal or transportation from one part to another of wild life which is permitted to be hunted or to be raised on a commercial basis or any part thereof.

CHAPTER VI
HUNTING

19.    The Director General may grant a hunting licence, stipulating conditions to a hunter to hunt wild life other than wild life and protected wild life within a natural area.

20.    A person who has been granted a hunting licence shall:

1. pay the hunting licence fees as may be prescribed;
2. abide by the conditions of the hunting licence;
3. submit to the inspection of the Forest Department.

CHAPTER VII
RIGHT TO ESTABLISH ZOOLOGICAL GARDEN AND BOTANICAL GARDEN

21.    The Minister may, with the approval of the Government:

1. allow by stipulating conditions the application in the manner prescribed to operate the zoological garden or botanical garden established under section 8 in joint venture between the Government and any individual or any organization or by any individual or any economic organization in the interest of the State;
2. allow by stipulating conditions the application in the manner prescribed of the desire to establish a private zoological garden or botanical garden.

1. shall form a Supervisory Body and prescribe the functions thereof to supervise each of the zoological garden or botanical garden permitted to be established under section 21 sub-section a, if necessary;
2. may re-constitute or abolish the Supervisory Body as may be necessary.

24.    The Director General:

1. may, in respect of the application for a licence to operate a zoological garden or botanical garden scrutinize as to whether it is in conformity with the prescribed requirement of work and grant or refuse the licence;
2. shall determine the conditions of the licence to operate the zoological garden or botanical garden;
3. may revoke the licence, subject to a time limit or cancel the licence with the approval of the Minister, in case of violation of the conditions to be abided by a person who has obtained a licence to operate.

1. shall abide by the conditions of the licence to operate, prescribed by the Director General;
2. shall pay in Myanmar kyats or in foreign currency taxes relating to the licence to operate, in the prescribed manner;
3. shall, if he dies before the expiry of the tenure of the licence to operate be represented by his legal representative, who shall apply to the Director General in the prescribed manner.

CHAPTER VIII
REGISTRATION

26.

1. A person who possesses as a souvenir or wears as a traditional custom any part of a completely protected animal, before this Law comes into force shall register at the relevant Township Forest Department in the manner prescribed by the Ministry of Forestry;
2. With the exception of a person who has inherited under a traditional custom from a person registered under sub-section (a), a person who has received in any other manner shall register at the relevant Township Forest Department in the manner prescribed by the Ministry of Forestry;
3. For the purpose of research of a completely protected animal after this Law comes into force, a Government department, a Government organization or a non-governmental organization which has been permitted to capture or possess under section 16 sub-section a and which is desirous of possessing any part thereof to conduct research or as a souvenir shall register in the manner prescribed by the Ministry of Forestry.

1. may scrutinize the application for registration under section 26 in the prescribed manner and register or refuse registration;
2. if registration is effected under sub-section a shall issue a certificate of registration to the applicant.

CHAPTER IX
TAKING ADMINISTRATIVE ACTION

28.    In order to date administrative action, the Forest Staff shall, in respect of search, seizure and disposal of exhibits carry out in the manner prescribed.

29.    A Forest Officer may pass an administrative order causing a fine which may extend to kyats 1,000 to be paid, on a person who commits any of the following acts within a natural area or within the zoological garden or botanical garden which is administered by the Government or towards which the Government has subscribed share capital:

1. entering a place where the public is permitted to visit for recreation without conforming to the conditions stipulated;
2. trespassing a prohibited place other than a place where the public is permitted to visit for recreation without permission;
3. grazing or free grazing or permitting domestic animals to trespass;
4. beating or willfully disturbing protected wild life;
5. plucking or breaking without permission wild plants and any variety of cultivated plant.

1. entering a totally prohibited area without permission;
2. filming or video recording without permission;
3. digging on the land, cultivating or carrying out any work;
4. extracting, collecting or injuring in any manner any variety of cultivated plant.

32.    A Forest Officer shall:

1. when passing an administrative order, confiscate the produce of a natural area or of the zoological garden or botanical garden which is administered by the Government or towards which the Government has subscribed share capital;
2. dispose of the confiscated produce in the manner prescribed.

CHAPTER X
APPEAL

33.    A person dissatisfied with an administrative order passed by a Forest Officer may file an appeal to the Director General within 30 days from the date of such order.

34.    The decision of the Director General shall be final and conclusive.

CHAPTER XI
OFFENCES AND PENALTIES

1. hunting without a licence;
2. violation of any condition of the hunting licence;
3. breeding without permission, for commercial purposes normally protected wild animals and seasonally protected wild animals;
4. causing water and air pollution, causing damage to a water-course or putting poison in the water;
5. possessing or disposing of pollutants or mineral pollutants in a natural area;
6. establishing and creating a zoological garden or a botanical garden without a licence to operate.

1. killing, hunting or wounding a normally protected wild life or seasonally protected wild life without permission; possessing, selling, transporting or transferring such wild life or any part thereof without permission;
2. extracting, collecting or destroying in any manner any variety of protected wild plant within the prescribed area without permission;
3. destroying living and non-living organisms or any natural state in the natural area;
4. altering, removing, destroying or obliterating without permission any boundary marker of a natural area or any boundary marker of a zoological garden or botanical garden administered by the Government or in which the Government has subscribed shares.

1. killing, hunting or wounding a completely protected wild life without permission; possessing, selling, transporting, or transferring such wild life or any part thereof without permission;
2. exporting without the recommendation of the Director General a completely protected wild life or a protected wild plant or any part thereof.

1. the possessing as a souvenir or wearing as a traditional custom of any part of a normally protected wild life or a seasonally protected wild life;
2. the possessing or wearing with a certificate of registration issued under section 27 sub-section b of any part of a completely protected animal;
3. the possession, use, sale, transport or transfer of a drug prepared from a part of a protected wild life.

• may pass order for the value of the loss and damage to the Forest Department caused by the offender, to be paid by way of compensation to the Forest Department;
• shall confiscate the wild life, wild plants and parts thereof involved in the commission of the offence and hand over the same to the Forest Department;
• may pass an order for confiscation of vehicles/vessels, animals and other machinery and implements involved in the commission of the offence.

CHAPTER XII
MISCELLANEOUS

41.    If an exhibit relating to any legal proceeding instituted under this Law is not easily produceable before the Court, such exhibit need not be produced before the Court. However, a report or other relevant documentary evidence as to the manner of custody of the same may be submitted. Such submission shall be deemed as if it were a submission of the exhibit before the Court and the relevant Court may dispose of the same in accordance with law.

42.    In instituting legal proceedings under this Law prior sanction of the Ministry of Forestry shall be obtained.

43.    In a case where administrative action is taken or where a legal proceeding is instituted under this Law, the burden of proving lawful ownership or lawful right of possession in respect of the exhibit seized shall lie on the person against when action is taken.

44.    When a request is made by the Forest Staff for assistance in the performance of their duties, the People’s Police Force shall render necessary assistance.

45.    All money payable to the Forest Department under this Law shall be recovered as if it were an arrear of land revenue. A Forest Officer who has been assigned responsibility by the Ministry of Forestry for this purpose shall exercise the powers of a Collector under the existing laws.

46.    Before the issuance of rules, procedures, notifications, orders and directives under this Law, rules, notifications, orders, directives and circulars issued under the Wild Life Protection Act, 1936 may continue to be applicable in so far as they are not inconsistent with this Law.

47.    For the purpose of carrying out the provisions of this Law:

1. the Ministry of Forestry may issue such rules and procedures as may be necessary with the approval of the Government;
2. the Ministry of Forestry or the Forest Department may issue such notifications, orders and directives as may, by necessary.

(signed) Than Shwe
Senior General
Chairman, The State Law and Order Restoration Council

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last updated 1st August, 1998
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© 1998