2008-10-17

為阿燕發火!

  上兩個月應詩巫中華商會為慶祝30週年而撰寫的燕屋文章,參考一些相關條例,其實按law來說,在市區就是不能養燕的......今天報章仍以燕事為大標題!

砂拉越的養燕業除了天然的尼亞石洞之外,大概是始於2000年之間,當時有人試驗性的養燕。目前若以拉讓江流域而言,可能已有上千間的燕屋了,不過實際數目有待統計。

砂拉越的採燕窩活動可能早在150年前就已開始。一路來,採燕窩是需要准證的,以便確保燕子數目的不致受損害。砂拉越森林局在1998年所通過的第19條法令下明文規定,若沒有森林局長的發出的准證(lincense),沒有人可以經營一個商業性質的野生動物(wild life)農場。燕子就是屬於保護野生動物的一種。

2003年修改的保護野生動物法令,若沒有局長發出的准證,沒有人可以建設一個供給天然燕子築窩及從中收集燕窩充商業用途。(參Wild Life protection(Ammendment) Ordinance 2003

雖然有條令的限制,不過森林局明白燕業是一種有利可圖的行業,州內閣也沒有反對燕業的發展,若農業地有健康地發展。因為在2006年的市區土地法典之下,若是被土地局允許轉換為農業用途。一般上市區的店屋因為噪音,衛生的問題,不受鼓勵充作燕屋的。但是該局歡迎在郊外或鄉區合法地發展燕業。

與此同時,除了經營燕屋需要准證,有關收集賣買或出入口燕窩也需要森林局所發的准證。問題是至今沒人申請到養燕的禮申的


下列是1998年及2006年所通過的修改後的有關法令:
Wild Life Protection Ordinance, 1998
The following Ordinance passed by the Dewan Undangan Negeri on 5th May, 1998, and assented to by Tuan Yang Terutama Yang di-Pertua Negeri on 15th May, 1998, is hereby published pursuant to Article 26(3) of the Constitution of the State:

35.-(1) No person shall breed, rear or keep any wild mammal, bird, reptile or amphibian for the purpose of trade, sale or commercial usage without a licence from the Controller.
(2) The sale or offer for sale of any wild mammal, bird, reptile or amphibian which is bred, reared or kept pursuant to subsection (1) shall be regulated –
(a) by conditions imposed in the licence issued thereunder; or
(b) where the sale or offer for sale is not carried out by the holder of a licence issued under subsection (1), in accordance with a licence for the sale thereof issued bt the Controller.
(3) Any person who contravenes subsection (1) or any condition of a licence issued for the purpose stipulated thereunder shall be guilty of an offence: Penalty, imprisonment for one year and a fine of then thousand ringgit.

WILDLIFE PROTECTION RULES 1998 PART IV
COMMERCIAL WILDLIFE FARM
Part IV - Rules with its numerous subsections/sub-rules provide the guidelines for the establishment, owning and maintaining a Commercial Wildlife Farm

2006年 通過修改後的法令:
THE WILD LIFE PROTECTION ORDINANCE, 1998
THE WILD LIFE PROTECTION (EDIBLE BIRD’S NEST)
(AMENDMENT) RULES, 2006

(Made under section 55(1)(j)
In exercise of the powers conferred by section 55(1)(j) of the Wild Life Protection Ordinance, 1998 [Cap. 26], the Majlis Mesyuarat Kerajaan Negeri has made the following Rules:
Citation and commencement
1. These Rules may be cited as the Wild Life Protection (Edible Birds’ Nests) (Amendment) Rules, 2006 and shall come into force on 10th day of August, 2006.
Amendment of Rule 2
2. Rule 2 of the Wild Life Protection (Edible Birds’ Nests) Rules, 1998 [Swk. L.N. 95/98] (“the Principal Rules”) is amended –
(a) by adding immediately after the word “birds” at the end of the definition of “collection” the words “or any building or structure which is use for harbouring or providing facilities for birds to make nests”;
(b) by inserting immediately after the definition of “collection” the following:
“ “Controller of Environmental Quality” means the person appointed to that office pursuant to section 3(9) of the Natural Resources and Environment Ordinance [Cap. 84 (1985 Ed,)];”;
(c) by substituting a semicolon for the full stop at the end of the definition of “sell”; and
(d) by inserting immediately after that the following definition of “swiftlets farming”;
“ swiftlets farming” includes the rearing or harbouring of swiftlets or providing facilities for swiftlets, to make or create nests to be collected for the purpose of sale or trade as edible birds’ nests.”.
Amendment of Rule 6
3. Rule 6 of the Principal Rules is amended by inserting immediately after the word “place” in the paragraph (5) the words “or building”.
New rules 17, 18, 19, 20 and 21
4. The Principal Rules are amended by adding immediately after rule 16 the following:
“Licence to build, erect or maintain any building or structure for swiftlets farming
17. (1) A licence to build, erect or maintain any building or structure for the purpose of swiftlets farming as required under section 33(2)(b) of the Ordinance shall be in the Form 3 of the First Schedule .
(2) No such licence shall be issued by the Controller unless the State Planning Authority has given its approval for the land or building or structure to which the licence relates to be used for such purpose.

Site permitted for swiftlets farming
18. Notwithstanding rule 17, no land or building shall be used for swiftlets farming if the land or building is –
(a) within an area of land declared to be town land under section 11(1) of the Land Code [Cap. 81 (1958 Ed.)]; or
(b) within the area of land declared to be suburban land under section 11(1) of the Land Code [Cap. 81 (1958 Ed.)] unless the special condition of the title for the land allows it to be used for agricultural and written approval has been obtained from the Superintendent of Lands and Surveys of the Division for the erection of the building to be used for swiftlets farming
Environment Impact Assessment Report
19.-(1) Before approving an application for a licence required under section 33(2)(b) of the Ordinance, the Controller may, after consultation with the Controller of Environmental Quality, direct the applicant to submit an environmental impact assessment report on the impact of which the proposal would have on the environment and the measures required to mitigate against any adverse environment impact that can arise if the application for the licence were to be approved.
(2) Upon evaluation of the report, the Controller may after consultation with the Controller of the Environmental Quality specify such measures as may be required to be undertaken by the licensee for the protection of the environment as conditions in the licence.
Guidelines for environmental protection
20. Notwithstanding rule 19, the holder of any licence issued by the Controller shall comply with such guidelines as may be issued from time to time by the Controller of Environmental Quality, and shall also ensure that the effluent discharged from the licensed premises shall comply with Standard B of the Environmental Quality (Sewage and Industrial Effluents) Regulations 1979 [P.U.(A) 12/79].


5 条评论:

Toh Chee Leong's Collections 说...

Sekiranya mahu rancang dan buat sesuatu kenalah minta kebenaran dari pihak atasan terlebih dahulu. Kelulusan belum dapat rumah burung layang-layang sudah siap dibina bagaikan cendawan tumbuh selepas hujan. Akibat hati manusia yang rakus & tamak. Siapa ingin kasihankan para penteknak burung layang-layang? Fakta yang paling nyata ialah kena ada lesen.

Tony Hii 说...

Meng Lei, your information is valuable.

Orang Sibu 说...

Why only in Mukah?What about those in Sibu?Our chairman know for sure there are swiftlets rearing in Sibu town...illegally.

匿名 说...

A good start to tackle birdnest farming in Mukah. Other towns shall follow. It is wrong to breed birdnests in shophouses in town areas. Go to agricultural lands in the outskirt to do so. No shophouse has been built to rear birds, none to say to breed birdnest for sale. One wrong, two wrong, many wrongs cannot gain one right. It is wrong to carry on birdnest farming in town areas. Disciplinary action in Mukah is a good start. Other towns should take note and stop or else to face the music. Law is law. Law is made to be obeyed, unless amended.

天鵝江畔 说...

It is true that law is law but in Asian, law always leaking like sibu trench......
I wonder the enforcement can last how long?