Endangered Species (Import and Export) Act 2006

In this Act, unless the context otherwise requires —

“advertise”, in relation to a scheduled species, means to describe, make reference to or allude in any way, by any means or in any form, to that scheduled species —

“animal” means any member of the Animal Kingdom, and includes —

“authorised officer” means —

“Board” means the National Parks Board established by the repealed National Parks Act (Cap. 198A, 1991 Revised Edition) as in force before 1 July 1996 and continued by section 3 of the National Parks Board Act 1996;

“CITES” means the Convention on International Trade in Endangered Species of Wild Fauna and Flora signed in Washington, D. C., on 3 March 1973, and any amendment to, or substitution of, the Convention that is binding on Singapore;

“conveyance” includes any vessel, aircraft, vehicle or mode of transport;

“Director‑General” means the Director‑General, Wildlife Trade Control appointed under section 3(1);

“export” means to take or cause to be taken out of Singapore by land, sea or air any scheduled species other than any scheduled species in transit in Singapore, but does not include re‑export;

“import” means to bring or cause to be brought into Singapore by land, sea or air any scheduled species other than any scheduled species in transit in Singapore;

“information” includes data, text, images, sound, codes, computer programmes, software and databases;

“introduction from the sea” means transportation into Singapore of any scheduled species which was taken in the marine environment not under the jurisdiction of any State;

“owner” includes any person for the time being in charge of any scheduled species and any person for the time being in occupation of any premises;

“permit” means a permit, licence, certificate or written permission issued by the Director‑General under section 7(2) or deemed to be issued under section 30;

“plant” means any member of the Plant Kingdom, whether live or dead, and any readily recognisable part or derivative of a plant;

“premises” includes any house, hut, shed, structure, platform, path, bridge, open space, building or enclosure whether roofed or not;

“readily recognisable part or derivative of a plant” means any substantially complete or part or derivative of a plant, in natural form, preserved, dried or otherwise treated or prepared which may or may not be contained in preparations, and includes —

“readily recognisable part or derivative of an animal” means any substantially complete or part or derivative of an animal, in natural form, stuffed, chilled, preserved, dried or otherwise treated or prepared which may or may not be contained in preparations, and includes —

“re‑export” means the export of any scheduled species that has previously been imported;

“sale” or “sell” includes barter or exchange;

“sample”, in relation to a scheduled species, means the scheduled species or any part thereof;

“scheduled species” means any animal or plant (including any readily recognisable part or derivative thereof) specified in the Schedule.

For the purposes of this Act, a scheduled species is considered to be in transit if, and only if, it is brought into Singapore solely for the purpose of taking it out of Singapore and —

The Board is responsible for the administration of this Act, and to that end, the Board must appoint an officer of the Board to be the Director‑General, Wildlife Trade Control.

The Director‑General may, subject to the directions of the Board, appoint any of the following persons to be an authorised officer for the purpose of assisting the Director‑General in administering and carrying out the provisions of this Act or any other written law which confers powers on the Director‑General:

The Director‑General may delegate the exercise of all or any of the powers conferred or duties imposed upon the Director‑General by any provision of this Act or any other written law (except the power of delegation conferred by this subsection) to an authorised officer; and any reference in the provision of this Act or any other written law to the Director‑General includes a reference to such an authorised officer.

Any delegation under subsection (3) may be general or in a particular case and may be subject to such conditions or limitations as set out in this Act or as the Board may specify.

The Director‑General may, for any reason that appears to the Director‑General to be sufficient, at any time revoke a person’s appointment as an authorised officer.

A person mentioned in subsection (2)(d) who is appointed as an authorised officer does not, by virtue only of the appointment, become an employee or agent of the Board.

Any person who imports, exports, re‑exports or introduces from the sea any scheduled species without a permit shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 for each such scheduled species (but not to exceed in the aggregate $500,000) or to imprisonment for a term not exceeding 2 years or to both.

Any person who has in the person’s possession or under the person’s control, or who sells, offers or exposes or advertises for sale, or displays to the public any scheduled species which has been imported or introduced from the sea in contravention of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 for each such scheduled species (but not to exceed in the aggregate $500,000) or to imprisonment for a term not exceeding 2 years or to both.

Any person who sells, offers or exposes or advertises for sale, or displays to the public such scheduled species as the Minister may, by notification in the Gazette, specify shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 for each such scheduled species (but not to exceed in the aggregate $100,000) or to imprisonment for a term not exceeding 12 months or to both.

Every scheduled species in transit in Singapore must be accompanied by —

Any owner, importer, exporter or re‑exporter who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 for each scheduled species in transit in Singapore in contravention of that subsection (but not to exceed in the aggregate $500,000) or to imprisonment for a term not exceeding 2 years or to both.

Subject to subsection (2), in any proceedings for an offence under section 4 or 5, it is a defence for the person charged to prove —

If in any case the defence provided by subsection (1) involves the allegation that the commission of the offence was due to the act or default of another person, the person charged is not, without the leave of the court, entitled to rely on that defence unless, within a period ending 7 clear days before the hearing, the person charged has served on the prosecutor a written notice giving such information as was then in the possession of the person charged identifying or assisting in the identification of that other person.

Any person who wishes to import, export, re‑export or introduce from the sea any scheduled species may apply to the Director‑General, in such form as the Director‑General may determine and on payment of the prescribed fee, for a permit.

The Director‑General may —

The Director‑General may at any time cancel a permit if —

Where the Director‑General cancels a permit under subsection (1), the Director‑General must immediately notify the holder of the permit.

Where the Director‑General has notified the holder of a permit under subsection (2) of the cancellation of the holder’s permit, the holder of the permit must immediately surrender the permit to the Director‑General.

Any holder of a permit who, without reasonable excuse, contravenes subsection (3) shall be guilty of an offence.

Where the Director‑General has reason to believe that any person has contravened any provision of this Act, the Director‑General may investigate the matter and, for the purposes of any such investigation, the Director‑General may —

If the Director‑General has reason to suspect that any scheduled species found in any premises or conveyance or in the possession of any person has been imported or introduced from the sea, the Director‑General may require any person who has in the person’s possession or custody or under the person’s control the scheduled species —

The Director‑General or an authorised officer may record any information furnished by any person under subsection (1) or (2) as a statement which is admissible as evidence in any proceedings in connection with any offence under this Act.

The person mentioned in subsection (1)(e) is bound to state truly the facts and circumstances with which the person is acquainted concerning the case except only that the person may decline to make, with regard to any fact or circumstance, a statement which would have a tendency to expose the person to a criminal charge or to penalty or forfeiture.

A statement made by any person examined under subsection (1)(e) must —

If any person fails to attend before the Director‑General or an authorised officer as required by an order under subsection (1)(e), the Director‑General or authorised officer may report the failure to a Magistrate who may issue a warrant to secure the attendance of that person as required by the order.

An authorised officer may —

For the purpose of exercising his or her power under this Act, an authorised officer may, with such assistance as he or she thinks necessary, break open any door, window, lock, fastener, compartment, box, container or any other thing.

An authorised officer may seize, remove and detain at the risk of the owner —

For the purposes of this section, any animal or plant is liable to seizure if an authorised officer has reason to suspect that it is a scheduled species —

For the purpose of carrying out an inspection under section 9 or a search under section 11, an authorised officer may stop a conveyance or direct that it be moved to a place where the inspection or search may be carried out.

Any item (including any sample thereof) taken under section 9, or any animal, plant or item seized under section 11(1)(c) or (3), may be kept or stored in the premises or conveyance where it was taken or seized (as the case may be) or may, at the direction of the Director‑General or an authorised officer, be removed to any other place to be kept or stored thereat.

The Director‑General or an authorised officer may subject any animal, plant or item referred to in subsection (2) to such examination or analysis as the Director‑General or authorised officer may consider necessary for the purposes of the administration of this Act.

No compensation is payable in respect of any animal, plant or item which is damaged or otherwise destroyed by virtue of any examination or analysis under subsection (3), unless the damage or destruction is directly attributable to the negligence or default of the Director‑General or the authorised officer.

The Director‑General or an authorised officer may mark, seal or label any animal, plant or item referred to in subsection (2) in any manner that the Director‑General or authorised officer thinks fit and may lock or seal the premises, conveyance or other place in which it is being kept or stored.

Any person who, without the authority of the Director‑General or an authorised officer —

The Director‑General may require any owner, importer, exporter or re‑exporter of scheduled species to brand, label or otherwise mark the scheduled species to the satisfaction of the Director‑General.

Despite subsection (1), the Director‑General may brand, label or mark any such scheduled species.

Any person who contravenes any requirement of the Director‑General under subsection (1) shall be guilty of an offence.

Any person who alters, counterfeits, defaces, destroys, erases or removes any brand, label or mark referred to in subsection (1) or (2) without the prior approval of the Director‑General shall be guilty of an offence.

In this section, a reference to the labelling or marking of scheduled species includes a reference to the following:

The Director‑General or any authorised officer may arrest without warrant any person committing or attempting to commit or whom the Director‑General or authorised officer reasonably suspects of being engaged in committing or attempting to commit any offence under this Act.

The Director‑General or any authorised officer making an arrest without warrant must, subject to subsection (3), without unnecessary delay bring the person arrested before a Magistrate’s Court or a District Court.

No person who has been arrested by the Director‑General or any authorised officer is to be released, except on the person’s own bond or on bail or on the special order in writing of the Magistrate, the District Judge or the Director‑General.

Upon the conviction of any person for an offence under section 4 or 5, the scheduled species in respect of which the offence was committed and any other thing seized under section 11(3)(b), (c) or (d) are, without further order, forfeited to the Director‑General.

Where a person who is prosecuted for an offence under section 4 or 5 is acquitted or given a discharge, conditional or otherwise, the court may order the scheduled species in respect of which the prosecution was brought and any other thing seized under section 11(3)(b), (c) or (d) —

Where the owner, importer, exporter or re‑exporter of the scheduled species cannot be ascertained or where that person is outside Singapore, the Director‑General may forfeit the scheduled species and any other thing seized under this Act.

The Director‑General must, before forfeiting any scheduled species or thing under subsection (3), give to the person from whom the scheduled species or thing was seized notice of the Director‑General’s intention to do so on the expiry of 7 days of the date of the notice.

Where the scheduled species and other things to be forfeited are live animals, the Director‑General is not required to give any notice under subsection (4).

All scheduled species and other things which are forfeited to the Director‑General under this Act must be disposed of in any manner that the Director‑General thinks fit, including repatriation under subsection (10) if the Director‑General so decides.

Except as provided in subsection (8), any expenses incurred by the Director‑General or any authorised officer for the detention, confiscation, storage, maintenance, housing, repatriation, transport and disposal of any scheduled species must be charged against the owner, importer, exporter or re‑exporter (as the case may be) of the scheduled species.

Subject to subsection (10), if any scheduled species enters Singapore by any conveyance contrary to this Act, the owner and the importer of the scheduled species are jointly and severally liable for all expenses incurred by the Director‑General or any authorised officer in respect of the detention, confiscation, storage, maintenance, housing, repatriation, transport and disposal of the scheduled species.

If the sum charged under subsection (7) or (8) is not paid by the owner, importer, exporter or re‑exporter (as the case may be) within 14 days after demand, that sum may be reported to a Magistrate’s Court or a District Court and recovered in the same manner as if it were a fine imposed by a Magistrate’s Court or a District Court, as the case may be.

When a decision of repatriation is made under this Act in respect of any scheduled species which has been imported or introduced into Singapore in contravention of this Act, and the scheduled species was brought into Singapore in a conveyance, the owner of the conveyance must, if required in writing by the Director‑General, provide or be responsible for —

No person is liable under subsection (10) unless the decision of repatriation has been made by the Director‑General within —

Any person who contravenes subsection (10) shall be guilty of an offence.

Any person who, being required by this Act to make or furnish any declaration, statement, representation or information or to produce any permit or who, for the purpose of obtaining any permit under this Act —

Any person who —

Where an offence under this Act committed by a body corporate is proved —

Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.

Where an offence under this Act committed by a partnership is proved —

Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved —

In this section —

“body corporate” includes a limited liability partnership;

“officer” —

“partner” includes a person purporting to act as a partner.

The Minister may make rules to provide for the application of any provision of this section, with any modifications that the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.

The Minister may establish an Advisory Committee consisting of such members as the Minister may appoint.

The Advisory Committee is to advise the Director‑General upon any question which the Director‑General may refer to it in connection with the administration of this Act.

Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence.

For the purpose of section 151 of the Criminal Procedure Code 2010, on receiving the written complaint signed by the Director‑General or an authorised officer, the Magistrate must proceed to issue a summons or warrant in accordance with section 153 of the Criminal Procedure Code 2010.

The Director‑General may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $5,000.

Where an offence is compounded under this Act, the scheduled species in respect of which the offence was committed and any other thing seized under section 11(3)(b), (c) or (d) are forfeited to the Director‑General.

Subject to subsection (2), on payment of the sum of money, no further proceedings may be taken against that person in respect of the offence.

All composition sums collected under this section must be paid into the Consolidated Fund.

The Minister may, by order in the Gazette, exempt any person or scheduled species or any class or description of persons or scheduled species from all or any of the provisions of this Act, subject to such terms or conditions as may be prescribed.

The Director‑General may on the application of any person, by written notice, exempt the person from all or any of the provisions of this Act if the Director‑General considers it appropriate to do so in the circumstances of the case.

An exemption under subsection (2) —

Any notice, order or document required or authorised by this Act to be given to or served on any person, and any summons issued by a court against any person in connection with any offence under this Act may be served on the person —

Any notice, order, document or summons sent by registered post to any person in accordance with subsection (1) is deemed to be duly served on the person at the time when the notice, order, document or summons (as the case may be) would in the ordinary course of post be delivered and, in proving service of the notice, order, document or summons, it is sufficient to prove that the envelope containing the same was properly addressed, stamped and posted by registered post.

Any notice, order or document required or authorised by this Act to be served on the owner or occupier of any premises or any summons issued by a court against any such owner or occupier in connection with any offence under this Act may be served by delivering it or a true copy thereof to some adult person on the premises or, if there is no such person on the premises to whom it can with reasonable diligence be delivered, by affixing the notice, order, document or summons to some conspicuous part of the premises.

Any notice, order or document required or authorised by this Act to be served on the owner or occupier of any premises or any summons issued by a court against any such owner or occupier in connection with any offence under this Act is deemed to be properly addressed if addressed by the description of the owner or occupier of the premises without further name or description.

The Minister may make rules —

Rules made under this Act —