Endangered Species (Import and Export) Act 2006

Endangered Species (Import and Export) Act 2006 2020 REVISED EDITION This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021 An Act to give effect to the Convention on International Trade in Endangered Species of Wild Fauna and Flora by controlling the import, export, re‑export and introduction from the sea of certain animals and plants, and parts and derivatives of such animals and plants, and for matters connected therewith. [1 March 2006] PART 1 PRELIMINARY Short title 1. This Act is the Endangered Species (Import and Export) Act 2006. Interpretation 2.—(1) In this Act, unless the context otherwise requires — “advertise”, in relation to a scheduled species, means to describe, make reference to or allude in any way, by any means or in any form, to that scheduled species — (a) whether directly or indirectly; (b) whether orally, in writing in any language, diagrammatically, pictorially, by the use of symbols or photographs, or in any combination thereof; and (c) whether by the common name or the scientific name of that scheduled species or otherwise; “animal” means any member of the Animal Kingdom, and includes — (a) any mammal (other than man), bird, reptile, amphibian, fish, mollusc, arthropod, or other vertebrate or invertebrate, whether alive or dead, and the egg, young or immature form thereof; and (b) any readily recognisable part or derivative of an animal; “authorised officer” means — (a) any police officer; (b) any officer of customs within the meaning of the Customs Act 1960; or (c) any person appointed as an authorised officer by the Director‑General under section 3(2); “Board” means the National Parks Board established by the repealed National Parks Act (Cap. 198A, 1991 Revised Edition) as in force before 1 July 1996 and continued by section 3 of the National Parks Board Act 1996; “CITES” means the Convention on International Trade in Endangered Species of Wild Fauna and Flora signed in Washington, D. C., on 3 March 1973, and any amendment to, or substitution of, the Convention that is binding on Singapore; “conveyance” includes any vessel, aircraft, vehicle or mode of transport; “corporation” includes a limited liability partnership within the meaning of section 2(1) of the Limited Liability Partnerships Act 2005; [Act 21 of 2022 wef 01/11/2022] “Director‑General” means the Director‑General, Wildlife Trade Control appointed under section 3(1); “export” means to take or cause to be taken out of Singapore by land, sea or air any scheduled species other than any scheduled species in transit in Singapore, but does not include re‑export; “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; “information” includes data, text, images, sound, codes, computer programmes, software and databases; “introduction from the sea” means transportation into Singapore of any scheduled species which was taken in the marine environment not under the jurisdiction of any State; “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; “permit” means a permit or certificate issued by the Director-General under section 7(3) or deemed (by section 30) to have been issued under this Act; [Act 21 of 2022 wef 01/11/2022] “plant” means any member of the Plant Kingdom, whether live or dead, 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; [Deleted by Act 21 of 2022 wef 01/11/2022] [Deleted by Act 21 of 2022 wef 01/11/2022] “readily recognisable part or derivative” — (a) for an animal, means any substantially complete animal, or any part or derivative of an animal, in natural form, stuffed, chilled, preserved, dried or otherwise treated or prepared (which may or may not be contained in preparations), and includes — (i) any meat, bone, hide, skin, leather, tusk, horn, antler, gland, feather, hair, tooth, claw, shell, scale or egg of an animal; or (ii) any thing which is claimed by any person, or which appears from any accompanying document, or any packaging, label or mark, or any other circumstances, to contain any part or derivative of an animal, but does not include any urine, faeces or ambergris that has been naturally excreted; and (b) for a plant, means any substantially complete plant, or any part or derivative of a plant, in natural form, preserved, dried or otherwise treated or prepared (which may or may not be contained in preparations), and includes — (i) any seed, stem, leaf, bark, root, log, flower, fruit or pod of a plant; or (ii) any thing which is claimed by any person, or which appears from any accompanying document, or any packaging, label or mark, or any other circumstances, to contain any part or derivative of a plant; [Act 21 of 2022 wef 01/11/2022] “recent lineage”, in relation to a hybrid animal, means 4 generations in the lineage of the hybrid animal that immediately precede the hybrid animal; [Act 21 of 2022 wef 01/11/2022] “re‑export” means the export of any scheduled species that has previously been imported; “sale” or “sell” includes barter or exchange; “sample”, in relation to a scheduled species, means the scheduled species or any part thereof; “scheduled species” means — (a) any animal specified in the Schedule, including any readily recognisable part or derivative of the animal; (b) any hybrid animal that has in its recent lineage any animal specified in Appendix I or II of the Schedule, including any readily recognisable part or derivative of the hybrid animal; [Act 15 of 2026 wef 01/07/2026] (c) any plant specified in the Schedule, including any readily recognisable part or derivative of the plant; or [Act 21 of 2022 wef 01/11/2022] [Act 15 of 2026 wef 01/07/2026] (d) any hybrid plant that is derived from one or more plants specified in the Schedule, including any readily recognisable part or derivative of the hybrid plant; [Act 15 of 2026 wef 01/07/2026] “seized item” means any scheduled species, article, conveyance, receptacle, package or other thing seized by an authorised officer under this Act. [Act 21 of 2022 wef 01/11/2022] (2) In this Act, unless the context otherwise requires, a reference to — (a) an animal specified in Appendix I of the Schedule includes a reference to a hybrid animal that has the firstmentioned animal in the recent lineage of the hybrid animal; or (b) an animal specified in Appendix II of the Schedule includes a reference to a hybrid animal (not being a hybrid animal mentioned in paragraph (a)) that has the firstmentioned animal in the recent lineage of the hybrid animal. [Act 21 of 2022 wef 01/11/2022] Meaning of transit in Singapore 2A. For the purposes of this Act, a scheduled species is in transit in Singapore only if — (a) the scheduled species is supported by a prescribed document that — (i) is issued on or before, or within 14 days after, the date on which the scheduled species is brought into Singapore; and (ii) specifies a port, an airport or any other place outside Singapore as the destination for the scheduled species; and (b) one of the following conditions is satisfied: (i) the scheduled species remains at all times in or on the conveyance in or on which it is brought into Singapore, pending transport of the scheduled species to the port, airport or other place outside Singapore; (ii) the scheduled species is removed from the conveyance in or on which it is brought into Singapore and is either returned to the same conveyance or transferred directly to another conveyance, pending transport of the scheduled species to the port, airport or other place outside Singapore, and is kept under the control of the Director-General or an authorised officer while being so removed, returned or transferred; (iii) the scheduled species is removed from the conveyance in or on which it is brought into Singapore and kept under the control of the Director-General or an authorised officer for a period not exceeding 14 days, or such longer period as the Director-General may approve, pending transport of the scheduled species to the port, airport or other place outside Singapore. [Act 21 of 2022 wef 01/11/2022] Appointment of Director‑General and authorised officers 3.—(1) The Board is responsible for the administration of this Act, and to that end, the Board must appoint an officer of the Board to be the Director‑General, Wildlife Trade Control. [10/2019] (2) The Director‑General may, subject to the directions of the Board, appoint any of the following persons to be an authorised officer for the purpose of assisting the Director‑General in administering and carrying out the provisions of this Act or any other written law which confers powers on the Director‑General: (a) an employee of the Board; (b) an employee of another statutory authority; (c) a public officer who is not a police officer or an officer of customs within the meaning of the Customs Act 1960; (d) an auxiliary police officer appointed under the Police Force Act 2004. [10/2019] (3) The Director‑General may delegate the exercise of all or any of the powers conferred or duties imposed upon the Director‑General by any provision of this Act or any other written law (except the power of delegation conferred by this subsection) to an authorised officer; and any reference in the provision of this Act or any other written law to the Director‑General includes a reference to such an authorised officer. [10/2019] (4) Any delegation under subsection (3) may be general or in a particular case and may be subject to such conditions or limitations as set out in this Act or as the Board may specify. [10/2019] (5) The Director‑General may, for any reason that appears to the Director‑General to be sufficient, at any time revoke a person’s appointment as an authorised officer. [10/2019] (6) A person mentioned in subsection (2)(d) who is appointed as an authorised officer does not, by virtue only of the appointment, become an employee or agent of the Board. [10/2019]