Trade of Wild Fauna and Flora Act, 2021
Act 27 of 2021
- Published in Supplement to Official Gazette 52 on 16 July 2021
- Assented to on 15 July 2021
- Commenced on 16 July 2021
- [This is the version of this document from 16 July 2021.]
Part 1 – Preliminary
1. Short tileThis Act may be cited as the Trade of Wild Fauna and Flora Act, 2021.
2. InterpretationIn this Act, unless the context otherwise requires—“advertise” in relation to endangered species, means to describe, make reference to or allude in any way, by any means or in any form, to that endangered species—(a)whether directly or indirectly;(b)whether orally, in writing, diagrammatically, pictorially, by the use of symbols or photographs, or in any combination thereof; or(c)whether by the common name or the scientific name of that endangered species or otherwise;“animal” means any member of the animal kingdom, and includes—(a)any mammal (other than a human being), bird, reptile, amphibian, fish, mollusc, arthropod, or other vertebrate or invertebrate, whether alive or dead, and the egg, young or immature form thereof; and(b)any derivative of an animal;“artificially propagated” in reference to any—(a)plant, means the plant is grown under controlled conditions from seeds, cuttings, divisions, callus tissues or other tissues, spores or other propagules that either are exempt or have been derived from cultivated parental stock; and(b)animal, means the animal is propagated under controlled environment by way of cuttings and divisions;“Appeals Board” means the Appeals Board established under the Environment Protection Act, 2016;“bred in captivity” refers only to offspring, including eggs, born or otherwise produced in a controlled environment of parents that mated or otherwise transmitted their gametes in a controlled environment;“certificate” means a certificate issued by a Management Authority under section 16(2) and includes a pre-Convention certificate;“controlled conditions” means a non-natural environment that is intensively manipulated by human intervention for the purpose of plant production and may include but is not limited to tillage, fertilization, weed and pest control, irrigation, or nursery operations such as potting, bedding or protection from weather;“controlled environment” includes an environment that is manipulated for the purpose of producing specimen of a particular species of an animal that has boundaries designed to prevent the animal, eggs or gametes of the animal from entering or leaving that particular environment, and the general characteristics of which may include but are not limited to artificial housing, waste removal, health care, protection from predators, and artificially supplied food;“Convention” means the Convention on International Trade in Endangered Species of Wild Fauna and Flora;“conveyance” means any vehicle, vessel, ship, aircraft or any other mode of transport whether by air, sea or land;“competent authority” means the national administrative body of a foreign country designated in accordance with article IX, paragraph 1(a), of the Convention as its Management Authority;“cultivated parental stock” means the ensemble of a plant grown under controlled conditions that are used for reproduction, in a manner not detrimental to the survival of the species of plant in the wild or natural habitat and maintained in sufficient quantities for propagation so as to minimize or eliminate the need for augmentation from the wild or natural habitat, with such augmentation occurring only as an exception and limited to the amount necessary to maintain the vigour and productivity of the parent material;“derivative of a plant” means any substantially complete or readily recognizable part, tissue or derivative of a plant, in natural form, preserved, dried, processed or otherwise treated or prepared which may or may not be contained in preparations, and includes—(a)seed, stem, leaf, bark, root, log, flower, fruit or pod;(b)any chemical compound derived from such part, tissue or extract; and(c)any thing which is claimed by any person, or which appears from an accompanying document, the packaging, a label or mark or from any other circumstances, to contain a part or derivative of a plant;“derivative of an animal” means any substantially complete or readily recognizable part or derivative of an animal, in natural form, stuffed, chilled, preserved, dried, processed or otherwise treated or prepared which may or may not be contained in preparations, and includes—(a)meat, bones, hide, skin, leather, tusk, horn, antler, gland, feathers, hair, teeth, claws, shell, scales and eggs;(b)tissue, blood, fat, oil, milk, venom, saliva, urine and faeces;(c)any chemical compound derived from anything mentioned in paragraph (a) or (b); and(d)any thing which is claimed by any person, or which appears from an accompanying document, the packaging, a label or mark or from any other circumstances, to contain a part or derivative of an animal;“derivative of the endangered species” means a derivative of an animal or a plant;“endangered species” means an animal or plant listed in appendix I, II or III to the Convention, including any derivative of the animal or plant;“enforcement officer” or “officer” means an enforcement officer specified in Schedule 1 to this Act;“export” means to take or cause to be taken out of Seychelles by sea or air any endangered species, but does not include re-export;“import” means to bring or cause to be brought into Seychelles by sea or air any endangered species other than any endangered species in transit in Seychelles;“introduction from the sea” and “introduced from the sea” means transportation into Seychelles of any endangered species which was taken from the marine environment not under the jurisdiction of any country, including the air space above the sea, sea-bed and subsoil beneath the sea;“licence” means a licence issued by a Management Authority under section 16(2);“Management Authority” means the Management Authority established under section 6;“Minister” means the Minister responsible for environment;“Ministry” means the Ministry responsible for environment;“non-detriment finding” means a finding by the Scientific Authority that a proposed export or introduction from the sea of appendix I or II to the Convention specimens will not be detrimental to the survival of that species and that a proposed import of an appendix I specimen is not for purposes that would be detrimental to the survival of the species;“owner” includes any person for the time being in charge of any endangered species or any person for the time being in occupation or possession of any premises containing an endangered species;“pre-Convention certificate” means a certificate issued by the Management Authority in relation to a specimen that was taken from the wild, bred in captivity or artificially propagated before the species was specified in an appendix to the Convention;“permit” means a permit issued by a Management Authority under section 16(2);“plant” means any member of the plant kingdom, whether live or dead, and any derivative of a plant;“premises” includes any structure, platform, house, building, conveyance and land whether or not enclosed or built upon;“property” includes any conveyance, machinery, contrivance, equipment, book, record, document or other article;“quota” means a prescribed number or quantity of any endangered species that can be exported or otherwise used over a specific period of time;“re-export” means the export of any endangered species that has previously been imported;“registration” means the registration allowed by a Management Authority under section 16(2);“rescue centre” means a premises designated by a Management Authority to look after the welfare of any living endangered species, particularly those that have been confiscated;“Scientific Authority” means a person or an authority appointed under section 8;“species” includes sub-species, or geographically separate population of the species or sub-species of an endangered species;“specimen” means—(a)any animal or plant, whether alive or dead, of a species listed in appendix I, II or III to the Convention;(b)any derivative of the animal or plant;“trade” means to export, re-export, import or introduce from the sea an endangered species whether or not for commercial purposes;“transit or transhipment” means where a species is brought into Seychelles solely for the purpose of taking the species out of Seychelles and—(a)remains at all times in or on the conveyance in or on which the species are brought into Seychelles;(b)is removed from the conveyance that the species is brought into Seychelles and either intended to be returned to that conveyance or transferred directly to another conveyance before leaving Seychelles, but is kept under the control of an enforcement officer or an authorized person while being so removed, returned or transferred;(c)is removed from the conveyance that the species is brought into Seychelles and kept under the control of an enforcement officer or an authorized personnel for a period not exceeding 10 working days or such longer period that the Management Authority may permit pending the removal of the species from Seychelles.
4. Certain specimens in appendix I may be deemed to be appendix II specimensA specimen in appendix I to the Convention that is artificially propagated for commercial purposes or bred in captivity for commercial purposes is deemed to be a specimen of appendix II to the Convention for the purposes of this Act.
5. Act to be read with other lawsThis Act shall be read together with any other written law relating to import and export, or conservation of, endangered species, and the provisions of this Act shall be in addition to, and not in derogation of, such other written laws.
Part 2 – Management Authority and Scientific Authority
6. Management Authority
7. Functions and powers of the Management Authority
8. Scientific Authority
9. Functions of the Scientific AuthorityThe Scientific Authority shall provide advice to the Management Authority on international trade in endangered species on—
Part 3 – Trade of endangered species
10. Import and export of endangered speciesAny person who imports or exports any endangered species without a permit commits an offence and is liable on conviction to a fine not exceeding SCR 100,000 for each endangered species or derivative of the endangered species but such fine shall not exceed SCR 1,000,000, or to imprisonment for a term not exceeding 5 years, or to both such fine and term of imprisonment.
11. Re-export and introduction from the seaAny person who re-exports or introduces from the sea any endangered species without a certificate commits an offence and is liable on conviction to a fine not exceeding SCR 100,000 for each endangered species or derivative of the endangered species but such fine shall not exceed SCR 1,000,000, or to imprisonment for a term not exceeding 5 years, or to both such fine and term of imprisonment.
12. Possession of endangered speciesAny person who—
13. Endangered species in transit
14. Breeding or propagation of endangered species
15. Power to require endangered species to be marked, branded or labelled
Part 4 – Permit, certificate, licence and registration
16. Permit, certificate, licence and registration
17. Cancellation of permit, certificate, licence or registration
18. Captive breeding or artificial propagation
19. AppealAny person aggrieved by a decision of the Management Authority, in respect of section 16 or 17, may appeal to the Appeals Board by adhering to the relevant procedure and paying the prescribed fee.
Part 5 – Enforcement powers and proceedings
20. Enforcement officersAn officer specified in Schedule 1 shall be the enforcement officer for the purposes of this Act.
21. Power of investigation
22. Power of arrest
23. Search and seizure with warrant
24. Power to enter premisesNotwithstanding section 23, an enforcement officer may at anytime enter any premises of the holder of a permit, certificate, licence or registration for the purposes of—
25. Power to stop, search and seize conveyances
26. Forfeiture of seized endangered species
27. Release of seized endangered speciesNotwithstanding section 25, the Management Authority may, where it thinks fit, at any time direct that any endangered species or property seized under this Act be released to the person from whose possession, custody or control it was seized.
28. Supreme Court may order costs of holding seized endangered species
29. Obstruction of enforcement officersAny person who—
Part 6 – General
30. Compounding of offences
31. False declarations
32. Penalty where no penalty is providedIn respect of proceedings for offences under this Act, the Supreme Court may award the Government such other costs and expenses incurred in relation to those proceedings as the Supreme Court may deem proper.
33. Protection against suit and legal proceedingsNo action shall lie or prosecution shall be brought, instituted or maintained in any court against—
34. Rescue centresThe Minister may establish rescue centres for the purposes of looking after the welfare of any living endangered species that was seized, confiscated, forfeited or abandoned.
35. RewardsThe Management Authority may order such rewards as it thinks fit to any person for services rendered in connection with the detection of any offence, or in connection with any seizures made under this Act.
36. Power to make regulations
History of this document
16 July 2021 this version
15 July 2021