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International Trade (Fauna and Flora) (Amendment) Act 2003 (No. 33 of 2003).

Type of law
Legislation
Source

Abstract
This Act makes significant amendments in the principal Act. The long title of the Principal Act is amended as "Being an Act to further the conservation of the natural environment of Papua New Guinea and its native animals and plants by promoting their sustainable use, and to implement the State's obligations as a party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora by controlling and regulating the trade, possession, transport, exportation and importation of certain species of fauna and flora, and for related purposes". In Section 1 of the principal Act, this Act updates the definitions of animal, certificate, certificate of origin, CITES-listed species, the Convention, export, export license, import permit, and inserts new definitions of exotic species and exotic specimen, inspector, introduction from the sea, Management Authority, native species, primarily commercial purposes, re-export, Schedule 1 species/specimens, Schedule 2 species/specimens, Schedule 3 species/specimens, Schedule 4 species/specimens, Schedule 5 species/specimens, Scientific Authority, Secretariat to the Convention, species and specimen.
The amendment in Section 2 of the principal Act highlights that Schedules 1, 2, 3 or 6 may be amended by the Minister in conformity with any amendments made to the Convention that are adopted by Papua New Guinea, and species listed in Schedule 1, 2 or 3 shall not be listed in Schedule 4 or Schedule 5. Furthermore, the scope of the principal Act covers trade with any country, whether or not that country is a party to the Convention.
New Part IA on the regulation of trade in fauna and flora is inserted immediately before Part II. It lays down rules relating to the functions of the Management Authority and Scientific Authorities, appointment of inspectors, and the issuance of authorizations for import, export and re-export. This Act makes amendments the Principal Act in Section 8 on exportation, Section 9 on importation, Section 10 on re-exportation, Section 11 on the introduction from the sea, and Section 15 on immunity of officers. Section 17 on regulations of the principal Act is amended and new paragraphs are inserted.
Part IV of the Principal Act is amended and sets out provisions on export and import of Schedule 3 specimens. This Act inserts new Parts IVA - exportation of controlled native specimens, IVB - importation of living exotic specimens, and IVC - enforcement. New Part IVC lays down the powers and functions of inspectors, obstruction of inspectors, and offences relating to import, export, re-export, possession, Customs, falsifying information, seizure and disposal and their prosecutions. Updated Schedules 1 to 6 are annexed to this Act.
Long title of text
Being an Act to amend the International Trade (Fauna and Flora) Act (Chapter 391).
Date of text
Repealed
No
Source language

English

Legislation Amendment
No