Wild Animals and Birds Ordinance

Bill No. 37/1964

Read the first time on 17th November 1964.
An Ordinance to repeal and re-enact with amendments the Wild Animals and Birds Ordinance (Chapter 238 of the Revised Edition).
Be it enacted by the Yang di-Pertuan Negara with the advice and consent of the Legislative Assembly of Singapore, as follows: —
Short title and commencement
1.  This Ordinance may be cited as the Wild Animals and Birds Ordinance, 1964, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
Interpretation
2.  In this Ordinance, unless the context otherwise requires —
“Director” means the Director of Primary Production and includes the Assistant Director of Primary Production (Veterinary);
“veterinary authority” means the Director of Primary Production, the Assistant Director of Primary Production (Veterinary), the Senior Primary Production Officer (Veterinary), and includes any person appointed in writing by the Director of Primary Production to be the veterinary authority under the provisions of subsection (2) of section 3 of the Animals Ordinance, 1964 (Ord. of 1964);
“wild animals and birds” include all species of animals and birds, ferae naturae, but shall not include domestic dogs and cats, horses, cattle, sheep, goats, domestic pigs, poultry and ducks.
Power to make orders
3.  The Minister may by order —
(a)declare the time of the year during which any wild animal or bird shall not be killed or taken;
(b)declare the time of the year which shall be deemed to be the breeding season of any wild animal or bird;
(c)prohibit within the State or any part thereof the killing or taking of any wild animal or bird;
(d)prohibit within the State or any part thereof the netting, snaring or taking by means of any contrivance of any wild animal or bird;
(e)provide for the licensing of places where wild animals and birds are kept in captivity and the fees that shall be payable for the issue of a licence; and
(f)provide for the control, registration and licensing of any species of wild animal or bird.
Penalty for killing or keeping wild animals or birds without a licence
Schedule
4.—(1)  Any person who kills, takes or keeps any wild animal or bird other than those specified in the Schedule to this Ordinance without a licence shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding one thousand dollars and to the forfeiture of the wild animal or bird.
(2)  The Minister may from time to time, by notification in the Gazette, add to, alter or amend the Schedule to this Ordinance.
Defence of property
5.—(1)  Nothing in this Ordinance shall make it unlawful for the occupier or person in charge of any land to kill or take any wild animal or bird found damaging or destroying the crops or any other property thereon.
(2)  In any prosecution under this Ordinance, the onus of proof of the fact that any wild animal or bird was found damaging or destroying crops or other property shall be upon the person who makes such an allegation.
Power to issue licences
6.—(1)  The Director or the Commissioner of Police may issue licences for the purpose of shooting or taking of any wild animal or bird.
(2)  Any licence issued under the provisions of subsection (1) of this section shall state the name of the person who has been so authorised and specify the period, which shall not exceed three months, during which such licence shall be valid and shall specify the place at which such person may shoot or take any animal or bird specified in such licence.
Penalty for certain offences
7.  A person who —
(a)kills or takes or has in his possession the body of any wild animal or bird killed or taken in contravention of the provisions of an order made under paragraph (a) of section 3 of this Ordinance;
(b)takes, destroys or has in his possession the eggs of any wild bird during the time of the year which has been declared under the provisions of paragraph (a) of section 3 of this Ordinance to be the time during which such bird shall not be killed, or during the breeding season, declared under the provisions of paragraph (b) of section 3 of this Ordinance, in respect of such bird;
(c)kills or takes any wild animal or bird, the killing or taking of which is prohibited under the provisions of this Ordinance;
(d)nets, snares or takes by means of any contrivance any wild animal or bird, which has under the provisions of paragraph (d) of section 3 of this Ordinance been prohibited from netting, snaring or taking by means of any contrivance; or
(e)exposes or offers for sale or exports any wild animal or bird other than those specified in the Schedule to this Ordinance, or the skin or plumage of any such wild animal or bird, unless he can show that such wild animal or bird was lawfully killed or taken,
shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding one thousand dollars and to the forfeiture of the wild animal or bird.
Setting of spring guns, etc
8.  Any person who sets, places or prepares or causes to be set, placed or prepared any spring gun, engine, pitfall, sharpened stakes or other contrivance likely to endanger human life or inflict grievous hurt, except for the purpose of destroying some noxious wild animal with the written permission of the Director or of the Commissioner of Police, shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.
Prohibition of importation of wild animals and birds
9.—(1)  No person shall import into Singapore any wild animal or bird whether alive or dead, or any part thereof, except under a written authorisation either general or special signed by or on behalf of the Director and within the terms of such authorisation:
Provided that nothing in this subsection shall be deemed to prohibit the importation into Singapore of any wild animal or bird in cold storage to be used for food where the importer can show that such animal or bird was killed outside Malaysia, Burma, Cambodia, Indonesia, Laos, North Vietnam, South Vietnam and Thailand.
(2)  Any person who imports or attempts to import into or exports or attempts to export from Singapore any wild animal or bird or part thereof —
(a)without an authorisation under the provisions of subsection (1) of this section; or
(b)in contravention of the terms of an authorisation,
shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding one thousand dollars in respect of each such wild animal or bird or any part thereof.
Conviction under other law
10.  Nothing in this Ordinance contained shall be deemed to prevent the prosecution, conviction and punishment of any person according to the provisions of any other written law for the time being in force in Singapore; but so that no person shall be punished more than once for the same offence.
Power to arrest without warrant
11.  Any police officer, officer of customs or veterinary authority may stop and arrest without warrant any person who within his view commits an offence under this Ordinance or any order or rule made thereunder:
Provided that such person shall not be arrested if he satisfies the police officer, officer of customs or veterinary authority as to his name and residence in Singapore and that he does not intend to abscond.
Reward to informer
12.  The court may direct any fine or any portion of any fine imposed or levied under this Ordinance to be paid to the informer.
Repeal
13.  The Wild Animals and Birds Ordinance (Cap. 238) is hereby repealed.