Ultra Vires

The Wildlife Protection Act 2015 (fictitious) confers power open local authorities to pass any suitable
regulations for the purpose of ensuring that the wildlife in their locality is protected. The Act came
into force in june 2015. The Singa Kecik Local Authority (SKLA) passed a regulation, namely the Illegal
Poaching Rules in september 2015 but the SKLA wanted the regulation to take effect from june
2014. The regulation has, inter alia, the following provisions:-

rule 3:- All hunter must be registered with the local authority and pay RM1500 to obtain a permit.

rule 4:- Permits must be renewed every six month. Late renewals can cause the permit to be
cancelled.

rule 9:- Group hunting is allowed on condition that all member in group are male hunter.

The Hunters Association are dissatisfied with the above regulations. Analyse the above fact and
advise the Association the extent to with it may challenge the validity of the regulations.

Akta Perlindungan Hidupan Liar 2015 (fiksyen) memberi kuasa kepada pihak berkuasa tempatan
untuk meluluskan sebarang peraturan yang sesuai bagi tujuan memastikan hidupan liar di kawasan
mereka dilindungi. Akta ini berkuat kuasa pada bulan june 2015. Pihak Berkuasa Tempatan Singa
Kecik (SKLA) meluluskan peraturan, iaitu Peraturan Perlombongan Haram pada September 2015
tetapi SKLA mahu peraturan itu mula berkuatkuasa pada bulan Jun 2014. Peraturan ini, antara lain,
mengikut peruntukan berikut: -

peraturan 3: - Semua pemburu mesti berdaftar dengan pihak berkuasa tempatan dan membayar
RM1500 untuk mendapatkan permit.peraturan 4: - Permit mesti diperbaharui setiap enam bulan.
Pembaharuan lewat boleh menyebabkan permit dibatalkan.

peraturan 9: - Pemburuan kumpulan dibenarkan dengan syarat semua anggota dalam kumpulan
adalah pemburu lelaki.Persatuan Pemburu tidak puas hati dengan peraturan di atas. Menganalisis
fakta di atas dan menasihati Persatuan sejauh mana dengannya boleh mencabar kesahihan
peraturan.

The regulations made should not have retrospective effect, unless the Parent Act expressly or by
necessary implication confers a power to that effect. Parliament can enact laws with retrospective
effect, but a subordinate legislator does not have such power.

Under Article 7 of the Federal Constitution, there is prohibition on enactment of ex post facto law.
This however subject to the qualification under Article 7 which provides that no person shall be
made or shall become liable to any penalty in respect of any act done before the date on which the
subsidiary legislation was published. The norm against retrospective regulations has been modified
by section 20 of the Interpretation Act 1948 and 1967, according to which subsidiary legislation may
be made to operate retrospectively to any date, which is not earlier than the commencement of the
Act, under which it is made.
 LW/MAR2016/LAW309/Part B/Q2

The issue here is that the Wildlife Protection Act has been approved in 2015 where
local authorities have approved the illegal poaching rule in June 2015 but local authorities
want the regulation to take effect in June 2014.

Whether the Association of Hunters with Local Authorities may challenge or not be
subject to existing regulations such as the following rules and may challenge the legality of
such regulations.

In Law, Section 23 of the interpretation Act 1967 provide state that Any Subsidiary
which is inconsistent with the Act of Parliament ( Including the Act under which the
subsidiary is made) shall be void to the extent of inconsistency..

Refer the case : AG v COLD STORAGE (SINGAPORE) PTE LTD [1979] 1 MLJ 277 On
19th March 1977, the Minister for Communications made the Port of Singapore authority
(Property Tax) Order 1977, which was published in the Gazette. The order was deemed to
have come into operation on 28th Oct 1976. The order was thus retrospective in nature and
therefore its validity was challenged. The court held that section 28 (2) of the Act gave the
Minister power to make orders having retrospective effect.

Application : The regulations made should not have retrospective effect, unless the
Parent Act expressly or by necessary implication confers a power to that effect. Parliament
can enact laws with retrospective effect, but a subordinate legislator does not have such
power. Under Article 7 of the Federal Constitution, there is prohibition on enactment of ex
post facto law. This however subject to the qualification under Article 7 which provides that
no person shall be made or shall become liable to any penalty in respect of any act done
before the date on which the subsidiary legislation was published. The norm against
retrospective regulations has been modified by section 20 of the Interpretation Act 1948
and 1967, according to which subsidiary legislation may be made to operate retrospectively
to any date, which is not earlier than the commencement of the Act, under which it is made.

In conclusion, the Association may question the By-Laws enforced by the Local
Authority's Lions Authority to court and may challenge the legality of the rules as the Wilds
Protection Act has been approved in 2015 while the local authorities want to be enforced on
June 2014.