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2.4   RELEVANT WILDLIFE                            2.4.1  Wildlife Conservation Act
                       LEGISLATION                                        (WCA) 2010 (ACT 716)


                                                                          Previously Peninsular Malaysia’s main
                     Federal laws relating to the
                     wildlife and its habitat in                   law on wildlife protection was the Protection
                     Peninsular Malaysia are                       of Wildlife Act [Act 76] enacted in  1972.  In
                     as follows: -
                                                                   2010, the 1972’s Act was revoked and replaced
                                                                   by the Wildlife Conservation Act (WCA) 2010
                      a. Wildlife Conservation Act                 [Act 716].
                          (WCA), 2010 (Act 716)
                          and       its      subsidiary                   The WCA was formulated to protect,
                          Regulations and Orders –
                          applicable to all states                 manage and conserve the wildlife population
                          and  is administered  by                 in Peninsular Malaysia. This Act applies to
                          the      Department         of           Peninsular Malaysia and the Federal Territory
                          Wildlife and National Park               of Labuan and does not apply to any wildlife
                          (PERHILITAN) Peninsular                  falling within List II of the Ninth Schedule of
                          Malaysia.                                the Federal Constitution and the Fisheries Act
                      b. Federal Constitution and                  1985 [Act 317]. Regulations and Orders have
                          the Fisheries Act, 1985
                          [Act      317]     and      its          been made under the WCA to manage various
                          subsidiary       Regulations             wildlife aspects.
                          and Orders – applicable to
                          all     states      and      is                 The  administration of  the  WCA is
                          administered        by     the           entrusted to the Department of Wildlife and
                          Malaysia's Department of                 National  Parks  (PERHILITAN)  Peninsular
                          Fisheries.
                      c. Forestry  Act,  1984  (Act                Malaysia. The PERHILITAN, an agency of the
                          313) and its subsidiary                  Ministry of  Energy  and  Natural  Resources
                          Regulations and Orders –                 (KeTSA), plays a key role in the enforcement
                          applicable to all states                 of the provisions of WCA and its subsidiary
                          and  is administered  by                 regulations.
                          the Forestry Department
                          Peninsular Malaysia.                            The WCA is comprised of seven
                      d. Taman Negara Enactment                    schedules and all protected species under this
                          (Kelantan) No. 14, 1938
                      e. Taman Negara Enactment                    Act are listed  in First Schedule  (Protected
                          (Pahang) No. 2, 1939                     Wildlife) and Second Schedule (Totally
                      f. Taman Negara Enactment                    Protected Wildlife). These schedules can be
                          (Terengganu) No. 6, 1939                 referred     at     Wildlife    Conservation
                      g. Johor       National       Park           (Amendment of Schedule) Order 2014.
                          Corporation Enactment,
                          1989
                      h. Perak         State        Park
                          Corporation Enactment,
                          2001









                                                                                       GUIDANCE DOCUMENT ON  WILDLIFE   9
                                                                                       IMPACT STUDY FOR IN ENVIRONMENTAL
                                                                                                 IMPACT ASSESSMENT (EIA)
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