Endangered Species (Import and Export) Act

(CHAPTER 92A)

(Original Enactment: Act 4 of 1989)

REVISED EDITION 1990

(15th March 1990)

An Act to give effect to the Convention on International Trade in Endangered Species of Wild Fauna and Flora by controlling the importation, exportation and introduction from the sea of certain animals and plants and parts of such animals and plants and for matters connected therewith.

[17th March 1989]

Short title

1. This Act may be cited as the Endangered Species (Import and Export) Act.

Interpretation

2.—(1) 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 —

(a)	any Senior Primary Production Officer;
(b)	any police officer;
(c)	any officer of customs within the meaning of the Customs Act [Cap. 70]; or
(d)	any public officer or any officer of any statutory board or body authorised by the Director under section 3;

“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.

(2) 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 —

(a)	remains at all times in or on the conveyance in or on which it is brought into Singapore;
(b)	is removed from the conveyance in or on which it was brought into Singapore and either returned to the same conveyance or transferred directly to another conveyance before being despatched to a place outside Singapore, and is kept under the control of the Director or an authorised officer while being so removed, returned or transferred; or
(c)	is removed from the conveyance in or on which it was brought into Singapore and kept under the control of the Director or an authorised officer for a period not exceeding 14 days or such longer period as the Director may permit pending despatch to a place outside Singapore.

Director may authorise any public officer or any officer of any statutory board or body to be an authorised officer

3. The Director may in writing authorise any public officer or any officer of any statutory board or body to exercise any of the powers and perform any of the duties conferred or imposed on an authorised officer by this Act.

Restriction on import, export, re-export or introduction from sea of scheduled species

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

(2) 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).

(3) 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.

Issue of permit

5.—(1) 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.

(2) 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.

Cancellation of permit

6.—(1) The Director may at any time cancel a permit issued under section 5 if —

(a)	any condition of the permit is contravened; or
(b)	the Director is satisfied that the permit was issued as a result of a misleading statement or a misrepresentation of a material fact.

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

(3) 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.

(4) 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.

Abetment of offences under this Act

7. Any person who abets the commission of or who attempts to commit any offence under this Act or any rules made thereunder shall be guilty of an offence.

Offence by corporations and liability of employees

8. Where any offence under this Act or any rules made thereunder committed by a body corporate is proved to have been committed with the consent or connivance of any director, manager, secretary or other officer of the body corporate, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against accordingly.

Powers of search, etc.

9.—(1) An authorised officer may —

(a)	without warrant enter and search any place or premises and stop and board and search any conveyance in or on which he reasonably suspects that there is to be found any scheduled species in contravention of this Act or any rules made thereunder;
(b)	search any person found in such place, premises or conveyance; and
(c)	seize, remove and detain at the risk of the owner any scheduled species and all other items referred to in subsection (4)(b), (c) and (d) found in such place, premises or conveyance.

(2) 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.

(3) 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.

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

(a)	any scheduled species liable to seizure;
(b)	any receptacle in which the scheduled species which is seized is contained, together with any handling or other device used for or in connection with such scheduled species;
(c)	any food or drink accompanying an animal which is seized and, in the case of any food or drink so seized which is perishable, the Director may cause the same to be sold or otherwise disposed of forthwith; or
(d)	any thing which appears to him to be or to contain evidence that an offence under section 4 has been committed.

(5) 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 —

(a)	which is being or has been imported or which is being or is to be exported or which is being or has been introduced from the sea in contravention of section 4(1); or
(b)	which is possessed by or under the control of or being sold or offered or exposed for sale or being displayed by any person in contravention of section 4(2).

Obstruction

10. Any person who —

(a)	obstructs any authorised officer in the execution of his duty under this Act or any rules made thereunder; or
(b)	fails, without reasonable excuse, to furnish such information in his possession or render all necessary assistance as may be required or directed by an authorised officer,

shall be guilty of an offence.

Penalty for false declarations, etc.

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

(a)	makes or furnishes any declaration, statement, representation or information which is false in a material particular; or
(b)	produces any licence which he knows or has reason to believe is false in any material particular or has not been given by the person by whom it purports to have been given, or has been in any way altered or tampered with,

shall be guilty of an offence.

Penalty

12. Any person who commits an offence under this Act or any rules made thereunder for which a penalty is not expressly provided shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.

Forfeiture

13.—(1) 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 .

(2) 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) —

(a)	to be released to the person from whom they were seized or to the owner thereof; or
(b)	to be forfeited to the Director.

(3) 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.

(4) 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.

(5) 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.

(6) 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.

Power to require scheduled species to be marked, etc.

14.—(1) 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.

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

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

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

Power to require information

15.—(1) 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.

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

Power to investigate

16.—(1) 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 —

(a)	call upon any authorised officer to make whatever preliminary investigations he considers necessary;
(b)	require the production for inspection by the Director or any authorised officer of any books, documents or papers which may relate to or be connected with the subject-matter of the investigation;
(c)	require any person concerned to give all information in relation to any such books, documents or papers which may be reasonably required by the Director or by the authorised officer; and
(d)	require any person concerned to furnish any information as the Director or the authorised officer may require.

(2) 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.

Advisory Committee

17.—(1) The Minister may establish an Advisory Committee consisting of such members as he may appoint.

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

Exemption

18. The Director may exempt any person or scheduled species or group or description of persons or scheduled species from all or any of the provisions of this Act.

Amendment of Schedules

19. The Minister may, by notification published in the Gazette, add to, alter or amend the Schedules.

Government not liable for damage caused to goods as a result of search

20. The Government shall not be liable to make good any damage caused to or any loss of goods or property as a result of an entry, search, detention or anything which is done under the provisions of this Act or any rules made thereunder.

Power of Director to compound offences

21.—(1) 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.

(2) 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.

Rules

22. The Minister may make rules —

(a)	providing for the issue of permits for the importation, exportation, re-exportation and introduction from the sea of scheduled species;
(b)	prescribing the form, duration and terms and conditions of any permit and the fees payable therefor, and providing for the cancellation and suspension thereof;
(c)	providing for the imposition of a levy on the import, export or re-export of any scheduled species;
(d)	authorising the sale or possession or control of or other dealing in scheduled species and prescribing the circumstances and conditions under which a person may be in possession or in control of or sell or otherwise deal with any scheduled species;
(e)	relating to the branding, packaging, marking either permanently or temporarily and labelling of scheduled species for the purpose of identification;
(f)	prescribing the fees to be charged in respect of anything done under or by virtue of this Act;
(g)	prescribing that the penalty for any offence shall be a fine not exceeding $2,000 or imprisonment for a term not exceeding 6 months or both; and
(h)	generally for carrying out the purposes and provisions of this Act.

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