National Parks Board (Amendment) Bill

This Act is the National Parks Board (Amendment) Act 2019 and comes into operation on a date that the Minister appoints by notification in the Gazette.

Section 2 of the National Parks Board Act (called in this Act the principal Act) is amended —

by deleting the definition of “animal” and substituting the following definitions:“ “animal” includes a mammal (other than a human being), a bird, a reptile, an amphibian, a fish, a mollusc, an arthropod, and the young or egg of any animal;“animal-related services” includes any of the following activities:

bathing, grooming or clipping of animals;

treatment, vaccination or inoculation of animals;

providing accommodation or boarding to or training of animals;

exhibiting (whether or not for sale) of animals;

trapping, restraining or immobilising animals;“animal-related services industry” means an industry consisting of persons carrying out any animal‑related services in the course of business;”;

by inserting, immediately after paragraph (b) of the definition of “landscape industry”, the following paragraph:“(c)the growing and supply of flowers and ornamental plants;”;

by inserting, immediately after the definition of “plant”, the following definition:“ “public authority” means a body corporate established by a public Act for the purposes of a public function;”; and

by deleting the full-stop at the end of the definition of “public park” and substituting a semi‑colon, and by inserting immediately thereafter the following definitions:“ “subdelegate” means a person to whom a delegate under section 10(2) further delegates the performance or exercise of any of the Board’s functions, duties or powers;“transfer date” means a date specified by the Minister by order in the Gazette for the purposes of Part VII;“veterinary establishment” means any premises or place in which veterinary medicine is practised or veterinary services are provided;“veterinary medicine” means any branch or art of veterinary medicine and includes veterinary surgery;“veterinary product” means any chemical, substance or equipment used or designed for use in the practice of veterinary medicine or the provision of veterinary services;“veterinary science industry” means an industry consisting of persons carrying on business, or who engage in commercial activity, involving all or any of the following:

the practice of veterinary medicine;

the provision of veterinary services;

the management of a veterinary establishment;

the supply of veterinary products;“veterinary service” means a service provided in relation to an animal in the control or the possession of a person for any of the following purposes:

assessing, recording, maintaining or improving the health, welfare, comfort or wellbeing of the animal;

diagnosing or treating an illness, disability, disorder or condition of the animal;

examining or attending to the animal, including administering a veterinary product to or performing any surgical procedure on the animal;

performing any cosmetic procedure (including surgery) on the animal;

castrating or spaying of the animal;

giving advice based on a diagnosis or an examination mentioned in paragraph (b) or (c) or connected with a procedure in paragraph (d) or (e), including prescribing treatment, drugs, medications or medical appliances.”.

Section 6 of the principal Act is amended —

by inserting, immediately after paragraph (c) of subsection (1), the following paragraphs:“(ca)to promote and protect the welfare, safety and health of animals, including controlling the following:

the use of animals in research, testing or teaching;

the supply of veterinary products;

the trapping or killing of animals in a wild state;

to manage the animal population in Singapore;

to prevent and manage threats and risks —

to animal health, animal welfare or plant health or all of them;

to terrestrial and aquatic environments arising from animals or plants, or pests or diseases carried by animals or plants; and

to public health and safety from animals or plants, or pests or diseases carried by animals or plants;

to regulate trade in endangered species of animals and plants;

to regulate veterinary establishments, practitioners of veterinary medicine and persons who provide veterinary services in the course of business;

to cooperate and collaborate in particular with —

any public officer, public authority or Health Officer in the administration of the Infectious Diseases Act (Cap. 137);

the Health Sciences Authority in the administration of the Health Products Act (Cap. 122D);

the Director-General of Public Health and the Director‑General, Food Administration in the administration of the Environmental Public Health Act (Cap. 95); and

the Director-General, Food Administration in the discharge of functions or powers under any written law;”;

by inserting, immediately after the words “knowledge in” in subsection (1)(f), the words “veterinary medicine, animal‑related services,”;

by inserting, immediately after the words “matters relating to” in subsection (1)(h), the words “animal health and welfare, plant health, veterinary medicine, animal‑related services,”;

by inserting, immediately after the words “landscape industry” in subsection (1)(i), (j) and (k), the words “, animal‑related services industry or veterinary science industry in Singapore”;

by deleting the word “and” at the end of paragraph (k) of subsection (1), and by inserting immediately thereafter the following paragraph:“(ka)to represent the Government internationally on matters that relate to animal health and welfare, plant health, wildlife trade control and biodiversity, and matters connected with the landscape industry, animal‑related services industry and veterinary science industry in Singapore; and”;

by inserting, immediately after the words “as the Minister may” in subsection (2), the words “, by notification in the Gazette,”; and

by inserting, immediately after subsection (2), the following subsection:“(3) Nothing in this section imposes on the Board, directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which the Board would not otherwise be subject.”.

Section 7(1) of the principal Act is amended by inserting, immediately after the words “under this Act”, the words “, or which is incidental or conducive to the discharge of those duties and functions,”.

Sections 10 and 11 of the principal Act are repealed and the following sections substituted therefor:“Ability to delegate, etc.10.—

The Board may delegate the performance or exercise of any of its functions, duties or powers under this Act or any other Act, either generally or specially, to any of the following persons by resolution and written notice to the person or persons:

a member of the Board;

the Chief Executive, any employee of the Board or any other person performing duties in the Board;

a committee of the Board appointed under section 9;

a wholly-owned subsidiary company of the Board;

a person engaged as a contractor by the Board.

A delegation by the Board under subsection (1) of the performance or exercise of any of its functions, duties or powers —

to a person in subsection (1)(a), (b) or (c) may authorise the delegate to subdelegate the performance or exercise of the function, duty or power to another member, an appropriately qualified employee of the Board or person performing duties in the Board (called in this Act a subdelegate); or

to a person in subsection (1)(d) or (e) may authorise the delegate to subdelegate the performance or exercise of the function, duty or power to an appropriately qualified employee of that delegate (also called in this Act a subdelegate),but subject to the same restrictions, and with the same effect, as if the subdelegate were the delegate.

Subsections (1) and (2) do not apply to —

the power to borrow money;

the power to raise or grant loans or advances to or subscribe to stocks, shares, bonds or debentures of a company or corporation; or

any other function, duty or power under this Act or any other Act administered by the Board that is declared by this Act or that Act to be non‑delegable.

A subdelegate to whom a function, duty or power of the Board is subdelegated under this section is not authorised to further delegate that function, duty or power to anyone else.

A delegation or subdelegation in accordance with this Act is not affected by any change in the membership of the Board or of any committee or by any change in the Chief Executive or any employee.

A delegate (or subdelegate) who purports to perform a function or duty or exercise a power under delegation (or subdelegation) —

is taken to do so in accordance with the terms of a delegation (or subdelegation) under this section, unless the contrary is shown; and

must produce evidence of his authority to do so, if reasonably requested to do so.

In this section —

a reference to a wholly-owned subsidiary company of the Board includes a company limited by guarantee the sole member of which is the Board; and

a reference to a person performing duties in the Board includes a person performing duties in the Board under a contract, or under an arrangement making available temporarily to the Board the services of public officers (or secondment).Protection from personal liability

the exercise or purported exercise of any power under this Act; or

the performance or purported performance of any function under this Act.”.

The principal Act is amended by inserting, immediately after section 13, the following section:“Public servants

14. Without affecting sections 20 and 21 of the Public Sector (Governance) Act 2018 (Act 5 of 2018), every subdelegate of the Board —

is taken to be a public servant for the purposes of the Penal Code (Cap. 224) in relation to the subdelegate’s performance or exercise of the Board’s functions, duties or powers under this Act or any other written law; and

is, in relation to the administration, assessment, collection or enforcement of payment of —

any financial penalty imposed under any written law administered by the Board; or

any composition sum collected under this Act or any other written law administered by the Board,taken to be a public officer for the purposes of the Financial Procedure Act (Cap. 109); and section 20 of that Act applies to each of the subdelegates even though the subdelegate is not or was not in the employment of the Government.”.

The principal Act is amended by inserting, immediately after section 22, the following Part:“PART VIITRANSFER OF AVA VETERINARY UNDERTAKINGSInterpretation of this Part

23. In this Part, unless the context otherwise requires —“Agri-Food and Veterinary Authority” or “AVA” means the Agri‑Food and Veterinary Authority established by section 3 of the Agri‑Food and Veterinary Authority Act (Cap. 5);“asset”, in relation to the transferor, means property of any kind (whether tangible or intangible, whether arising from, accruing under, created or evidenced by or the subject of, an instrument or otherwise and whether actual or contingent) of the transferor on the eve of the transfer date and includes, without limitation, any —

legal or equitable interest in real or personal property;

chose in action;

security;

money;

intellectual property;

infrastructure, plant and equipment;

records and information (including data) in any form; and

right;“AVA veterinary undertaking” means the departments of the transferor as follows:

the Community Animal Management Group;

the Corporate Development Group 2;

the Industry and Biosecurity Management Group;

the office of the Director‑General, Agri‑Food and Veterinary Services;

the Plant Science and Health Group;

the Professional and Scientific Services Group;

the Wildlife Management Group;“liability”, in relation to the transferor, means any liability, duty or obligation (whether actual or contingent, liquidated or unliquidated, and whether owed alone or jointly, or jointly and severally, with any other person) of the transferor on the eve of the transfer date;“records”, in relation to the transferor, means registers, papers, documents, minutes, receipts, books of account and other records, however compiled, recorded or stored, of that transferor existing on the eve of the transfer date;“right”, in relation to the transferor, means any right, power, privilege or immunity of the transferor on the eve of the transfer date;“transferor” means the Agri‑Food and Veterinary Authority;“transferring employee” means an employee of the transferor who, on the eve of the transfer date, is deployed in the AVA veterinary undertaking.Transfer of undertaking to Board24.—

On the transfer date, all assets and liabilities of the transferor that relate to the functions of the AVA veterinary undertaking are transferred to the Board.

When any assets or liabilities are transferred under subsection (1), the following provisions have effect:

the assets of the transferor that are the subject of the transfer vest in the Board by virtue of this section and without the need for any further conveyance, transfer, assignment or assurance;

the liabilities of the transferor that are the subject of the transfer become by virtue of this section the liabilities of the Board;

all legal or other proceedings relating to those assets or liabilities that are started before the transfer date by or against the transferor or a predecessor of the transferor and pending immediately before that date are taken to be proceedings pending by or against the Board;

any legal or other proceedings relating to those assets or liabilities which could have been started immediately before the transfer date by or against the transferor or a predecessor of the transferor may be started by or against the Board;

a judgment or order of a court or other tribunal obtained before the transfer date by or against the transferor or a predecessor of the transferor relating to those assets or liabilities may be enforced by or against the Board;

any document relating to legal or other proceedings relating to those assets or liabilities that has been served on or by the transferor or a predecessor of the transferor before the transfer date is taken, where appropriate, to have been served on or by the Board;

any act, matter or thing done or omitted to be done before the transfer date in relation to those assets or liabilities by, to or in respect of the transferor or a predecessor of the transferor is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the Board;

a reference in any written law, in any instrument made under any Act, in any contract, agreement, arrangement or undertaking, or in any document of any kind to the transferor or a predecessor of the transferor, to the extent to which the reference relates to those assets or liabilities, is taken to be, or includes, a reference to the Board;

a reference in any written law, in any instrument made under any Act, in any contract, agreement, arrangement or undertaking, or in any document of any kind to an officer of the transferor, as regards anything falling to be done or capable of being done on or after the transfer date and to the extent to which the reference relates to those assets or liabilities, is taken to be, or includes, a reference to an officer of the Board whom the Board appoints for that purpose.

In particular —

all security deposits deposited with the transferor in relation to any asset or liability transferred under subsection (1) and not forfeited before the transfer date; and

the benefits of all indemnities, guarantees or warranties given to the transferor in relation to any asset or liability transferred under subsection (1) and not discharged before that date,are, without further assurance, transferred and deemed deposited with or given to the Board.

The operation of this section does not —

constitute a breach of, or default under, an Act or other law, or otherwise a civil wrong or criminal wrong;

constitute a breach of duty of confidence (whether arising by contract, in equity, by custom, or in any other way);

constitute a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets or liabilities or the disclosure of any information;

terminate an agreement or obligation, or fulfil any condition that allows a person to terminate any agreement or obligation, or give rise to any right or remedy in respect of any agreement or obligation;

cause any contract or other instrument to be void or otherwise unenforceable;

frustrate any contract;

release a surety or other obligor or obligee wholly or in part from an obligation; or

constitute an event of breach of, or default under, any contract or other instrument.

No attornment to the Board by a lessee from the transferor is required for the purpose of this section.Transferring secondments and employees to Board25.—

On the transfer date, every transferring employee —

stops being an employee of the transferor; and

is each transferred to the service, and becomes an employee, of the Board on terms no less favourable than those enjoyed by the employee on the eve of the transfer date.

The transfer of a transferring employee to the Board —

does not interrupt continuity of service;

does not constitute a retrenchment or redundancy; and

does not entitle any employee so transferred to any payment or other benefit merely because he stops being employed by the transferor.

A certificate purporting to be signed by the Minister certifying that an individual named in the certificate was, with effect from the transfer date, employed by virtue of this section by the Board, is admissible in evidence in any proceedings as evidence of the matters stated in it.

Nothing in this section prevents —

any of the terms and conditions of employment of an individual transferred under this section from being altered by or under any law, award or agreement with effect from any time after the transfer date; and

an individual transferred under this section from resigning from the Board at any time after the transfer date, in accordance with the terms and conditions of his employment then applicable.

To avoid doubt, section 18A of the Employment Act (Cap. 91) does not apply to the transfer under this Part of any transferring employee to the Board.

On the transfer date, every public officer or employee of any other public authority whose services are made available (or is seconded) to any department in the AVA veterinary undertaking pursuant to an agreement or arrangement that —

is between the Government or that other public authority and the Agri‑Food and Veterinary Authority; and

is in force on the eve of the transfer date,continues on secondment to the Board.General preservation of employment terms26.—

The service with the transferor of an employee transferred under section 25 (called in this section a transferred employee) must be regarded for all purposes as having been continuous with the service of the employee with the Board immediately before the transfer date.

On the transfer date —

a transferred employee retains all accrued rights as if employment with the Board were a continuation of employment with the transferor;

the liabilities of the transferor relating to the transferred employee’s accrued rights to leave and superannuation become the liabilities of the Board; and

a reference to the transferor in the contract of employment that had effect in relation to the transferred employee immediately before the transfer date is taken to be, or includes, a reference to the Board.

For any conduct of a transferred employee when he was employed by the transferor which would have rendered the employee liable to be reprimanded, reduced in rank, retired, dismissed or punished by the transferor, the Board may —

start any disciplinary proceedings against the employee;

carry on and complete any disciplinary proceedings started by the transferor against the transferred employee if those proceedings are pending on the eve of the transfer date; and

reprimand, reduce in rank, retire, dismiss or otherwise punish a transferred employee, as if the employee were not transferred.

Where, on the eve of the transfer date, any matter about the conduct of a transferred employee during his employment with the transferor —

was in the course of being heard or investigated by a committee of the transferor acting under due authority; or

had been heard or investigated by a committee of the transferor acting under due authority but no order, ruling or direction had been made,that committee must complete the hearing or investigation and make such order, ruling or direction as it could have made under the authority vested in it before that date, and that order, ruling or direction is to be regarded as an order, ruling or direction of the Board.

Until such time as conditions of employment are drawn up by the Board for a transferred employee, the transferred employee is to be regarded as being employed by the Board on the same conditions of his employment with the transferor on the eve of the transfer date.

Any condition of employment relating to the length of service with the Board must recognise the length of service of the employees so transferred while in the employment of the transferor (including any previous service of the employee taken to be service with the transferor) to be service with the Board.

Nothing in section 25(6) —

breaks the continuity of service of the public officer or employee of another public authority whose secondment continues with the Board because of that provision; or

affects any rights, powers or immunities that such a public officer or an employee of a public authority has, or the extent to which such a public officer or an employee (as the case may be) is subject to obligations or liabilities in relation to discipline, by virtue of holding the office or position to which the officer or employee is seconded.Transfer of records26A. On the transfer date, every record, or part of any record, of the transferor that relates to —

any asset or liability transferred to the Board under section 24; or

any transferring employee,becomes the record of the Board.Confirmation of undertaking transferred26B.—

If any dispute arises —

as to whether an asset or a liability or a record is transferred under section 24 or 26A; or

as to whether any, or any part of any, contract or document relates to an asset or a liability, or a record, transferred under section 24 or 26A,the Minister for Finance may determine the matter and is to provide the concerned parties with written notice of that determination.

The determination of the Minister for Finance under subsection (1) is final and binding on the transferor and the Board.”.

The Second Schedule to the principal Act is amended —

by inserting, immediately after the words “under this Act” in paragraph 3, the words “or any other written law which the Board is charged with the responsibility to administer”;

by deleting paragraph 8B and substituting the following paragraph:“8B. To establish, manage and administer any accreditation or certification scheme or a register, for any purpose relating to any function of the Board, including specifying, by notification in the Gazette, accreditation marks and certification marks of the Board and controlling the use of those accreditation marks or certification marks.”;

by deleting paragraph 11 and substituting the following paragraph:“11. With the approval of the Minister, to join in the formation of a company, association, trust or partnership or enter into a joint venture with any person.”; and

by deleting paragraph 13 and substituting the following paragraphs:“13. To apply for, obtain and hold, whether on its own behalf or jointly with any other person, any intellectual property rights.