Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Advisory Committee
21.—(1) The Minister may establish an Advisory Committee consisting of such members as the Minister may appoint. (2) The Advisory Committee is to advise the Director‑General upon any question which the Director‑General may refer to it in connection with the administration of this Act.
Fees, etc., payable to Board
22. All fees, charges and moneys collected under this Act or any rules made under this Act (except composition sums) must be paid to the Board.[10/2019]
Evidence
22A. A document purporting to be under the hand of the Director-General or an authorised officer on any matter or thing in connection with the administration or enforcement of, or any investigation carried out under, this Act is admissible as evidence in any proceedings under this Act and is prima facie evidence of the facts stated in the document.[Act 21 of 2022 wef 01/11/2022]
Protection of informers
22B.—(1) Except as provided in subsection (3), no witness in any civil or criminal proceedings is obliged or permitted —(a) to disclose the name, address or other particulars of an informer who has given information with respect to an offence under this Act, or the substance of the information received from the informer; or (b) to answer any question if the answer would lead, or would tend to lead, to the discovery of the name, address or other particulars of the informer. (2) If any document which is in evidence or liable to inspection in any civil or criminal proceedings, contains any entry in which the informer is named or described or which might lead to the discovery of the informer’s identity, the court must cause the entry to be concealed from view or to be obliterated so far only as may be necessary to protect the informer from discovery. (3) If, during any civil or criminal proceedings —(a) the court, after full inquiry into the case, believes that the informer wilfully made a material statement which the informer knew or believed to be false or did not believe to be true; or (b) the court is of the opinion that justice cannot be fully done in the proceedings without discovery of the identity of the informer, it is lawful for the court to require the production of the original information, in such form as the court may accept, and to permit inquiry and require full disclosure of the informer. (4) In this section, “informer” includes every person who is not called as a witness for the prosecution in a criminal case and who has made any complaint or report or given any information in respect of any offence under this Act alleged to have been committed by any person.[Act 21 of 2022 wef 01/11/2022]
Protection from personal liability
22C. No liability shall lie against the Director-General or an authorised officer, or any person acting under the direction of the Director-General or an authorised officer, for anything which is done or purported to be done, or omitted to be done, in good faith and with reasonable care in —(a) the exercise or purported exercise of any power under this Act; or (b) the performance or purported performance of any function under this Act.[Act 21 of 2022 wef 01/11/2022]
Board not liable for damage caused to goods or property as result of search, etc.
23. Subject to this Act, the Board is not liable to make good any damage caused to or any loss of goods or property (including any animal or plant) as a result of any entry, search, detention or anything which is done under this Act.[10/2019]
Jurisdiction of court, etc.
24.—(1) Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence. (2) For the purpose of section 151 of the Criminal Procedure Code 2010, on receiving the written complaint signed by the Director‑General or an authorised officer, the Magistrate must proceed to issue a summons or warrant in accordance with section 153 of the Criminal Procedure Code 2010.[15/2010]
Composition of offences
25.—(1) The Director‑General may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $5,000. (2) If an offence is compounded under this Act, any seized item (except a conveyance) in connection with the offence is liable to forfeiture under section 15A or 15B.[Act 21 of 2022 wef 01/11/2022] (3) Subject to subsection (2), on payment of the sum of money, no further proceedings may be taken against that person in respect of the offence. (4) All composition sums collected under this section must be paid into the Consolidated Fund.[10/2019]
Exemption
26.—(1) The Minister may, by order in the Gazette, exempt any person or scheduled species or any class or description of persons or scheduled species from all or any of the provisions of this Act, subject to such terms or conditions as may be prescribed. (2) The Director‑General may on the application of any person, by written notice, exempt the person from all or any of the provisions of this Act if the Director‑General considers it appropriate to do so in the circumstances of the case. (3) An exemption under subsection (2) —(a) may be granted subject to such terms or conditions as the Director‑General may specify by written notice; (b) need not be published in the Gazette; and (c) may be withdrawn at any time by the Director‑General.
Service of documents
27.—(1) A document that is permitted or required by this Act to be served on a person may be served as described in this section. (2) A document permitted or required by this Act to be served on an individual may be served —(a) by giving it to the individual personally; (b) by sending it by prepaid registered post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address; (c) by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; (d) by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; (e) by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual; or (f) by sending it by email to the individual’s last email address. (3) A document permitted or required by this Act to be served on a partnership (other than a limited liability partnership) may be served —(a) by giving it to any partner or other similar officer of the partnership; (b) by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address; (c) by sending it by fax to the fax number used at the partnership’s business address; or (d) by sending it by email to the partnership’s last email address. (4) A document permitted or required by this Act to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served —(a) by giving it to the secretary or other similar officer of the body corporate or unincorporated association, or the limited liability partnership’s manager; (b) by leaving it at, or by sending it by prepaid registered post to, the body corporate’s or unincorporated association’s registered office or principal office in Singapore; (c) by sending it by fax to the fax number used at the body corporate’s or unincorporated association’s registered office or principal office in Singapore; or (d) by sending it by email to the body corporate’s or unincorporated association’s last email address. (5) Service of a document under this section takes effect —(a) if the document is sent by fax and a notification of successful transmission is received, on the day of transmission; (b) if the document is sent by email, at the time that the email becomes capable of being retrieved by the person to whom it is sent; and (c) if the document is sent by prepaid registered post, 2 days after the day the document was posted (even if it is returned undelivered). (6) A document may be served on a person under this Act by email only with that person’s prior written consent. (7) This section does not apply to documents to be served in proceedings in court. (8) In this section —“business address” means —(a) in the case of an individual, the individual’s usual or last known place of business in Singapore; or (b) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; “document” includes a notice permitted or required by this Act to be served; “last email address” means the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act; “residential address” means an individual’s usual or last known place of residence in Singapore.[Act 21 of 2022 wef 01/11/2022]
Amendment of Schedule
28. The Minister may, by notification in the Gazette, add to, alter or amend the Schedule.
Rules
29.—(1) The Minister may make rules —(a) providing for the issue of permits for the import, introduction from the sea, export or re-export of scheduled species;[Act 21 of 2022 wef 01/11/2022] (b) prescribing the form, duration, terms, conditions and restrictions of any permit and the fees payable for the permit, 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 any other matter or thing required or permitted to be prescribed or necessary to be prescribed to give effect to this Act. (2) Rules made under this Act —(a) may provide that a contravention of any provision of the rules shall be an offence; (b) may provide for penalties not exceeding a fine of $50,000 or imprisonment for a term not exceeding 2 years or both for each offence.
Saving and transitional provision
30. Any application for a permit, and any permit, approval, notice, order or other document, made, issued or given under the repealed Endangered Species (Import and Export) Act (Cap. 92A, 2000 Revised Edition) is, so far as it is not inconsistent with the provisions of this Act, deemed to have been made, issued or given under this Act.
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Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗
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