Endangered Species (Import and Export) Bill

In this Act, unless the context otherwise requires —

“animal” means any animal whether alive or dead and includes the egg, young or immature form thereof;

“authorised officer” means —

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

“Director” means the Director of Primary Production and includes a Deputy Director of Primary Production and an Assistant Director of Primary Production;

“export” means to take, or cause to be taken out of Singapore by land, sea or air any scheduled species other than scheduled species in transit in Singapore;

“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;

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

“permit” means a permit, licence, certificate or written permission issued by the Director under section 5(2);

“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;

“plant” means a live or dead plant 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;

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

“scheduled animal” means an animal specified in the second column of the First Schedule;

“scheduled animal part” means a readily recognisable part or derivative specified in the third column of the Second Schedule, of an animal specified in relation to that part or derivative in the first column of that Schedule;

“scheduled plant” means a plant specified in the second column of the Third Schedule and any readily recognisable part or derivative of such a plant;

“scheduled species” means a scheduled animal, a scheduled animal part or a scheduled plant.

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

No person shall import, export, re-export or introduce from the sea any scheduled species without a permit.

No person shall have in his possession, under his control, sell, offer or expose for sale, or display to the public any scheduled species which has been imported or introduced from the sea in contravention of subsection (1).

Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding one year or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding one year or to both.

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

The Director may issue a permit, licence, certificate or written permission to import, export, re-export or introduce from the sea any scheduled species either unconditionally or subject to such conditions as he may impose or may refuse to issue such permit, licence, certificate or written permission.

The Director may at any time cancel a permit issued under section 5 if —

Where the Director cancels a permit under subsection (1), he shall forthwith notify the holder of the permit.

Where the Director has notified the holder of a permit under subsection (2) of the cancellation of his permit, the holder of the permit shall forthwith surrender the permit to the Director.

Any holder of a permit who without reasonable excuse fails to comply with subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

An authorised officer may —

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

An authorised officer may arrest without warrant any person who has committed or whom he reasonably suspects to have committed an offence under this Act or any rules made thereunder.

An authorised officer making an arrest under this section may seize, remove and detain at the risk of the owner —

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

Upon the conviction of any person for an offence under section 4, the scheduled species in respect of which the offence was committed and any other thing seized under section 9(4)(b), (c) or (d) shall, without further order, be forfeited to the Director.

Where a person who is prosecuted for an offence under section 4 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 9(4)(b), (c) or (d) —

Where the importer or exporter of the scheduled species cannot be ascertained or where he is outside jurisdiction, the Director may forfeit the scheduled species and other items seized under the provisions of this Act.

The Director shall, before forfeiting the scheduled species and other items under subsection (3), give to the person from whom the scheduled species and other items were seized notice of his intention to do so on the expiration of 7 days of the date of such notice except that where the scheduled species and other items to be forfeited are live animals, the Director shall not be required to give any notice under this subsection.

All things which are forfeited to the Director under this Act or any rules made thereunder shall be disposed of in such manner as the Director thinks fit.

Any expenses incurred by the Director or the Government under this Act or any rules made thereunder shall be recoverable from the owner, importer, exporter or re-exporter of the scheduled species as a debt in any court of competent jurisdiction.

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

Any person who fails to comply with subsection (1) shall be guilty of an offence.

Notwithstanding subsection (1), the Director may brand, label or mark such scheduled species.

Any person who alters, defaces or erases any brand, label or mark shall be guilty of an offence.

If the Director has reason to suspect that any scheduled species found in any premises or conveyance or possession of any person has been imported, he may require any person who has in his possession or custody or under his control the scheduled species to declare its scientific name and to furnish him with such other information as he may require.

Any person who without reasonable excuse fails to comply with subsection (1) shall be guilty of an offence.

Where the Director has reason to believe that any person has contravened or failed to comply with any provisions of this Act or any rules made thereunder, the Director may investigate the matter and, for the purposes of any such investigation, the Director may —

Any person who without lawful excuse refuses or fails to produce or furnish to the Director or any authorised officer any books, documents, papers or information required of him shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

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

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

The Director may compound any offence under this Act or any rules made thereunder by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $1,000.

Where an offence is compounded under this Act or any rules made thereunder, the scheduled species in respect of which the offence was committed and any other thing seized under section 9(4)(b), (c) or (d) shall be forfeited to the Government.