Sagah: Amendment bill proposes stiffer penalties for biodiversity offences in Sarawak
KUCHING (May 20): The proposed Sarawak Biodiversity Centre (Amendment) Bill, 2025 provides for increase penalties for offences committed under the Sarawak Biodiversity Centre Ordinance, 1997, said Dato Sri Roland Sagah Wee Inn.
The Education, Innovation and Talent Development Minister said the amendment to Section 22 for example, would increase the penalty for the collection or removal of any protected resources from their habitat for research and development purposes without permit from the Sarawak Biodiversity Council.
This, he said, would lead to a fine of not less than RM50,000 and not exceeding RM500,000 or to imprisonment for a term of not less than two years and not exceeding 10 years or to both, for individual offenders.
'In the case of a body corporate, a fine of not less than RM1 million and not exceeding RM5 million,' he said when tabling the proposed amendment Bill at the State Legislative Assembly (DUN) Sitting here today.
On enforcement provisions, he said the powers of seizure and arrest are enhanced by allowing the disposal and temporary release of anything seized under the Ordinance by the chief executive officer and the release of any person arrested under the Ordinance or regulations on a personal bond.
He also said that that a new Section 33A on Financial Penalty is included in the Bill where the Council may impose a financial penalty of up to RM20 million for any breach or non-compliance.
'For repeated offences, the penalty increases tenfold. Any unpaid financial penalty may be recovered as civil debt, where the Court may impose additional late payment penalties of up to twice the unpaid amount, along with costs of recovery, and all financial penalties collected will be deposited into the State Consolidated Fund.'
Sagah told the august House that the the amendment will also introduce a new definition of 'microorganism' to include viruses, viroids, and sterile organisms; a revised definition of 'minister' to reflect the minister responsible for Sarawak Biodiversity Centre (SBC); and the inclusion of 'native' to have the same meaning assigned to it under the Interpretation Ordinance, 2005 [Cap.61].
'In synchronising the functions of the Centre with the powers of the Council, an additional purpose is added, which is providing facilities for commercial or any other purposes incidental to the powers of the Council,' he said.
He said Section 6 of the Ordinance on Powers of the Council is enhanced with new provisions that empowers the Council to apply for external funding; to own and commercialise intellectual property rights or to license its use for commercial and non-commercial purposes; and to provide or develop facilities for research and development for scientific, commercial and any other purposes incidental thereto.
He also said that the Biodiversity Centre Fund is expanded to include monetary benefits obtained from a benefit sharing agreement.
'Sarawak's rich biodiversity presents untapped economic opportunities in pharmaceutical, nutraceutical and cosmeceuticals sectors, and the bioindustry.
'The amendment ensures stronger commercialisation mechanisms through SBC; and uniformity with national laws and harmonisation with international protocols, reinforcing Sarawak's leadership in biodiversity governance,' he said.
He added that by strengthening the Ordinance, the Bill empowers Sarawak to harness its rich biological resources, ensuring scientific progress translates into economic benefits through commercial ventures.
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