Timber Industry (Licensing and Registration) Regulations

Timber Industry Act

(Chapter 325, Section 21)

Rg 2

REVISED EDITION 1990

(25th March 1992)

[11th April 1974]

Citation

1. These Regulations may be cited as the Timber Industry (Licensing and Registration) Regulations.

Definitions

2. In these Regulations, unless the context otherwise requires —

“certificate” means a certificate of registration issued to a grader under section 8 of the Act or a certificate of registration issued to a supplier, packer or manufacturer under section 9 of the Act, as the case may be;

“company” means a company incorporated pursuant to the Companies Act [Cap. 50] or pursuant to any corresponding previous law;

“competent authority” means any one or more Government or statutory authorities empowered to approve plans for the development or sub-division of any land or plans relating to the construction of any building under the Planning Act [Cap. 232], the Building Control Act [Cap. 29] or any other written law;

“licence” means a licence granted to an exporter under section 3 of the Act;

“Malayan Grading Rules” means the Malayan Grading Rules for Sawn Hardwood Timber issued by the Forest Department of the States of Malaya and the Timber Office in Singapore¹.

¹Not published in the Gazette.

Licence to export

3.—(1) An application for a licence authorising a person to export timber or carry on business as an exporter shall be in the Form A set out in the First Schedule.

(2) An application for registration as a grader, manufacturer, packer or supplier shall be made in the respective Forms B, C, D and E set out in the First Schedule.

(3) The Board may require an applicant for a licence or registration to furnish to the Board in a form and amount to be approved by the Board a banker’s guarantee whereby the bank undertakes for the due performance of any contract between the applicant and an overseas buyer of timber, and providing that if the applicant commits a breach of any such contract it shall be lawful for the Board to instruct the bank to make the amount for which the bank is liable under the guarantee available for payment to the overseas buyer.

Form of licence

4. A licence to export timber or carry on business as an exporter shall be in the Form 1 set out in the Second Schedule.

Certificate for registered grader, supplier, packer or manufacturer

5.—(1) A certificate issued to a registered grader, supplier, packer or manufacturer shall be in the Form 2 set out in the Second Schedule.

(2) A certificate shall be in force for a period of one year from the date of issue thereof and may be renewed thereafter from time to time.

(3) A person who is registered as a manufacturer under section 9 of the Act shall be deemed to be a registered supplier, registered packer and a licensed exporter.

(4) Where a person referred to in paragraph (3) fails to comply with or contravenes any of the provisions of these Regulations relating to suppliers, packers or exporters, the Board may cancel the registration of that person as a manufacturer.

Refusal to issue certificate

6.—(1) The Board shall refuse to issue a certificate to, or refuse to renew a certificate issued to, a supplier, packer or manufacturer if satisfactory evidence has not been produced to show that the applicant has or will have adequate facilities for storing or stacking timber so as to preserve its standard of quality.

(2) The Board shall refuse to issue or renew a certificate —

(a)	unless it is satisfied that the applicant is a fit and proper person to hold a certificate;
(b)	if the applicant has been convicted of an offence involving dishonesty, fraud or moral turpitude, or, if the applicant is a company, any of its officers holding a managerial or an executive position has been convicted of an offence involving dishonesty, fraud or moral turpitude; or
(c)	if it considers it in the public interest to do so.

(3) The Board shall refuse to issue a certificate to, or refuse to renew a certificate issued to, a grader if he is not the holder of a certificate of competency to grade sawn timber issued by the grading authority.

(4) The Board may refuse to issue a certificate to, or refuse to renew a certificate issued to, a manufacturer if it is satisfied that the manufacturer —

(a)	does not own such mill, plant or machinery as is necessary to enable him to carry on the business of a manufacturer;
(b)	has not obtained the necessary approval of the competent authority for the establishment, construction or use of the sawmill; and
(c)	has not complied with the requirements of the Anti-Pollution Unit of the Ministry of the Environment relating to the use or operation of his sawmill.

(5) The Board may at any time vary or revoke any of the existing conditions of a certificate or impose conditions or additional conditions thereto.

(6) The Board shall prior to taking any action under paragraph (5) notify the person concerned of its intention to take such action and shall give the person an opportunity to show cause why the conditions should not be so varied or revoked or new conditions should not be imposed.

(7) Where a certificate is issued subject to conditions, the person who holds such certificate shall comply with those conditions.

(8) A person who is licensed as an exporter under section 3 of the Act shall be deemed to be a registered supplier and a registered packer.

(9) Where a person referred to in paragraph (8) fails to comply with or contravenes any of the provisions of these Regulations relating to suppliers or packers, the Board may declare that he shall cease to be deemed to be a registered supplier or a registered packer.

Appeal to Minister

7. Any person, who is aggrieved by a decision of the Board to refuse to issue a certificate under regulation 6 or 9 may, within one month of being notified of the decision of the Board, appeal against its decision to the Minister whose decision shall be final.

Power to revoke certificate

8.—(1) The Board may by order revoke a certificate —

(a)

if it is satisfied that the person who holds such certificate —

(i)	has ceased to carry on the business or work for which he has been granted a certificate or, if the person being a company, goes into liquidation or is wound up or otherwise dissolved;
(ii)	has improperly obtained his certificate contrary to the provisions of these Regulations;
(iii)	is no longer a fit and proper person to continue to hold a certificate;
(iv)	has been convicted of an offence involving dishonesty or moral turpitude or, if the holder of the certificate is a company, any of its officers holding a managerial or an executive position has been convicted of an offence involving fraud or moral turpitude;
(v)	is contravening or has contravened any of the provisions of the Act or these Regulations; or
(vi)	has been convicted of an offence under the Act or these Regulations or, if the holder of the certificate is a company, any of its officers holding a managerial or an executive position has been convicted of an offence under the Act or these Regulations; or

(b)

if it considers it in the public interest to do so.

(2) The Board shall, before revoking any certificate under paragraph (1) or regulation 9, give the person concerned notice in writing of its intention to do so, specifying a date, not less than 21 days after the date of the notice, on which such revocation shall be made and calling upon the person concerned to show cause to the Board why the certificate should not be revoked.

(3) When the Board has revoked a certificate under paragraph (1) or regulation 9, it shall forthwith inform the person concerned by notice in writing of the revocation.

(4) The person whose certificate has been revoked may, within 14 days of the receipt of the notice referred to in paragraph (3) or such extended period of time as the Minister may allow, appeal in writing against the revocation to the Minister whose decision shall be final.

(5) An order of revocation shall not take effect until the expiration of a period of 14 days after the Board has informed the holder of the certificate of the order.

(6) If within that period the holder of the certificate gives due notice of appeal to the Minister, the order shall not take effect unless the order is confirmed by the Minister or the appeal is for any reason dismissed by the Minister.

Power to refuse or renew certificate

9.—(1) The Board may refuse to issue a certificate to, or refuse to renew or revoke a certificate issued to a manufacturer or supplier if it is of the opinion that any timber supplied or manufactured for export by him has contravened the terms of any contract entered into by the manufacturer or supplier or any of the provisions of the Malayan Grading Rules.

(2) The Board may refuse to issue a certificate or refuse to renew or revoke a certificate issued to a grader if it is of the opinion that the grader has in the grading of any sawn timber contravened the terms of any contract entered into by him or any of the provisions of the Malayan Grading Rules.

Cancellation of registration

10.—(1) The Board shall, upon revoking a certificate under regulation 8 or 9, cancel the registration as a grader, manufacturer, packer or supplier, as the case may be, of the holder of the certificate.

(2) A person whose certificate has been revoked or to whom the Board has refused to issue a certificate shall not be issued with a certificate for such period of time, not exceeding two years from the date of the revocation or refusal, as the Board may think fit.

(3) A person whose licence or certificate has been revoked shall forthwith return the licence or certificate to the Board.

Licence or certificate not transferable

11. A licence or a certificate issued under these Regulations shall not be transferable and the person to whom the certificate or licence is issued shall not cause or permit it to be used by or be in the possession of any other person.

Exporters liability for claims

12. An exporter may employ such number of graders as may be necessary to grade any timber he purchases; and the exporter shall accept all responsibility to meet claims made in respect of the grade or quality of the timber graded by the grader or graders employed by him.

Quality of plywood, veneer or moulding

13. No plywood, veneer or moulding shall be exported unless it is of such grade or quality as the Board may require.

Manufacturer and supplier to employ graders

14.—(1) Every manufacturer and supplier shall employ such number of graders as may be necessary to grade any timber which they have contracted to sell or supply.

(2) Every manufacturer and supplier shall be responsible for the grade and quality of the timber except in the case of an exporter specifically requesting that the timber be graded by the grader or graders employed by the exporter.

Timber for export to be marked

15. A supplier or manufacturer supplying timber for export shall mark in such manner as the Board may require the registration number of his certificate on every piece of such timber.

Duties of graders

16. No grader shall grade —

(a)	more than 350 cubic metres or 150 cubic metres of timber per month under the respective General Market Specifications or Special Market Specifications, set out in the Malayan Grading Rules; and
(b)	any timber belonging to any person other than his employer,

without the written permission of the Board.

Grading Rules

17. Except where the grading authority otherwise permits —

(a)	sawn timber to be exported shall be graded in accordance with the grades set out in the Malayan Grading Rules; and
(b)	logs shall be graded, in accordance with the grades set out in the Asia-Pacific Regional Grading Rules for Hardwood Logs other than Teak (issued by the Food and Agriculture Organisation of the United Nations).

Employment of graders

18.—(1) Every grader shall be employed on a full-time basis by an exporter or a manufacturer or supplier; and he shall not be employed by more than one exporter, manufacturer or supplier without the written permission of the Board.

(2) Every grader who is employed by an exporter or a manufacturer or supplier shall forthwith inform the Board, in writing, of the full name of his employer and of any change therein.

Standard form of contract

19. Every exporter shall in purchasing sawn timber from a supplier or manufacturer registered under these Regulations, and every supplier or manufacturer shall in selling sawn timber to a local buyer in Singapore, use the standard form of contract as set out in the Third Schedule with such modifications as may be approved by the Board.

Overdue contracts

20.—(1) Where in the opinion of the Board an exporter or manufacturer or supplier has such a number of overdue contracts relating to the export, sale or supply of timber that he cannot fulfil his obligations thereunder, the Board may direct him to refrain from entering into any new contract relating to such export, sale or supply until all the overdue contracts have been fully performed or otherwise discharged, and the exporter, manufacturer or supplier shall duly comply with such direction.

(2) The Board shall, on receiving any complaint from a buyer of timber, institute an investigation into the complaint.

(3) Every exporter, manufacturer or supplier shall on a requisition being made therefor by the Board supply to the Board such information relating to his business as an exporter or a manufacturer or supplier as the Board may require.

(4) For the purpose of this regulation, the Board shall be entitled to call for and inspect all documents which the exporter, manufacturer or supplier has relating to such business.

Information to Board

21.—(1) Every manufacturer, packer and supplier shall, in every 3 months, supply to the Board such information relating to their respective businesses as a manufacturer, packer and supplier as the Board may determine.

(2) Every grader shall, in each month, inform the Board of the volume or quantity of timber graded by him.

Fees

22. The fees for a licence or a certificate shall be as set out in the Fourth Schedule.

Validity of certificate and licence

23. Subject to the provisions of these Regulations, a licence and a certificate shall be valid for a period of one year from the date on which they were issued.

Loss, destruction, etc., of licence or certificate

24. If a licence or certificate has been lost, destroyed or defaced or become obliterated so that any entry in the licence or certificate is illegible or not easily legible, the person who had or has the custody thereof shall forthwith notify the Board which, if satisfied that it has been lost, destroyed or defaced or become obliterated shall, on payment of a fee of $10, issue to the holder of the licence or certificate a duplicate thereof, endorsing thereon the particulars contained in the original licence or certificate; and the duplicate licence or certificate so issued shall have the same effect as the original licence or certificate:

Provided that —

(a)

in the case of a licence or certificate that has been defaced or become obliterated, no duplicate licence or certificate shall be issued unless the original licence or certificate is surrendered to the Board; and

(b)

in the case of a licence or certificate that has been lost or destroyed, no duplicate licence or certificate shall be issued unless a statutory declaration and a police report of the loss or destruction is produced to the Board; and where an original licence or certificate which has been lost is found during the currency thereof the holder of the licence or certificate shall forthwith return it to the Board.

Penalty

25. Any person who fails to comply with or contravenes any of the provisions of these Regulations or any direction issued by the Board under the provisions of these Regulations shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

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