Wild Animals and Birds (Licensing) Order

WILD ANIMALS AND BIRDS ACT (CHAPTER 351, SECTION 3) WILD ANIMALS (LICENSING) ORDER O 2 REVISED EDITION 1990 (25th March 1992) [21st March 1975] Citation 1. This Order may be cited as the Wild Animals (Licensing) Order. Definitions 2. In this Order, unless the context otherwise requires — “licence” means a licence to keep any wild animal specified in the First Schedule; “licensee” means the holder of a valid licence; “licensing officer” means the Director of Primary Production and includes any officer duly authorised by him in writing; “premises” means any building, whether of permanent or temporary construction, and includes any land whether open or enclosed, whether built on or not and whether maintained or not under statutory authority. Licence 3. No person shall own, keep, harbour or maintain any wild animal without a licence granted by the licensing officer under the provisions of this Order. Application for licence 4. —(1) An application for the grant of a licence shall be made in such form as the licensing officer may require. (2) Upon receiving an application under sub-paragraph (1), the licensing officer shall consider the application and may grant a licence, with or without conditions, or refuse to grant a licence without assigning any reason. (3) Where the issue of a licence under this Order is subject to conditions, the licensee shall comply with those conditions. Fee and validity of licence 5. —(1) The fee for a licence shall be $110 per animal. (2) A licence shall, unless previously revoked, expire on the 31st December in each year. (3) The licence shall be in the form set out in the Second Schedule. (4) The licence shall not be transferable. Revocation 6. —(1) The licensing officer may revoke a licence — (a) if he is satisfied that the licensee — (i) is contravening or has contravened any of the provisions of the Act or this Order; (ii) is no longer a fit and proper person to continue to hold a licence; or (iii) has been convicted of an offence under the Act or this Order or, if the licensee is a company, any of its officers holding a managerial or an executive position has been convicted of an offence under the Act or this Order; or (b) if he considers it in the public interest to do so. (2) The licensing officer shall, before revoking a licence under the provisions of sub-paragraph (1), give the licensee notice in writing of his intention to do so, specifying a date, not less than 14 days after the date of the notice, upon which the revocation shall be made and calling upon the licensee to show cause to the licensing officer on or before that date why the licence should not be revoked: Provided that the licensing officer may revoke any licence without notice if in his opinion it is necessary in the public interest to do so. (3) When the licensing officer has revoked a licence under sub-paragraph (1), he shall forthwith inform the licensee by notice in writing of the revocation. (4) A licensee may, within 14 days of the notice referred to in sub-paragraph (3), appeal in writing against the revocation to the Minister whose decision shall be final. (5) Where the licensing officer has revoked a licence, the revocation shall take effect forthwith notwithstanding that an appeal has been made to the Minister by the licensee under sub-paragraph (4); and where any such appeal is successful, the licensing officer shall reissue the licence to the licensee. (6) The licensing officer may refuse to renew a licence without assigning any reason. Delivery of wild animals 7. —(1) A licensee shall, within 7 days of the revocation of his licence, deliver every wild animal in respect of which the licence has been issued to such place as the licensing officer may direct. (2) If a licensee fails to comply with sub-paragraph (1), the licensing officer may seize the wild animal and detain it at such place as the licensing officer may determine. (3) All expenses incurred by the licensing officer under sub-paragraph (2) shall constitute a debt due from the licensee to the Government and be recoverable as such. Control of wild animals 8. —(1) A licensee shall not permit or cause his wild animal to be let loose in any public place. (2) A licensee shall keep every wild animal for which a licence has been issued to him in such place and manner that the wild animal shall not be a nuisance to or put in fear any person or expose a person to any risk of injury. Change of owner of animal or death of animal 9. Where — (a) a licensee gives, sells or transfers to another person any wild animal for which a licence has been issued to him; or (b) such wild animal has died, the licensee shall, within 7 days of the date of the gift, sale, transfer or death — (i) inform the licensing officer the date of the gift, sale or transfer and the name and address of the new owner of the wild animal or the date of the death, as the case may be; and (ii) produce the licence for cancellation. Presumption 10. Where a wild animal is found in any premises, the owner or the occupier thereof shall, unless the contrary is proved, be presumed to be the person who keeps the wild animal. Powers of licensing officer 11. The licensing officer may seize, destroy or impound any wild animal, whether licensed or not, which is found in a public place and is not under the control of its owner or keeper. Power of entry 12. The licensing officer may at all reasonable times enter any land or premises for the purposes of enforcing the provisions of this Order. Production of licence for inspection 13. —(1) The licensing officer may by notice in writing require a licensee to produce his licence for examination. (2) On being required to do so by the licensing officer under sub-paragraph (1), a licensee shall produce his licence for examination within 3 days of the receipt of the notice. Penalty 14. Any person who contravenes or fails to comply with any of the provisions of this Order shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and to the forfeiture of the wild animal. Exemption 15. The Director may exempt any person, society or organisation from all or any of the provisions of this Order. FIRST SCHEDULE Paragraph 2 WILD ANIMALS (a) Kangaroos and wallabies. (b) Monkeys, including orang utans, apes, chimpanzees, siamangs, gorillas, gibbons and baboons. (c) Carnivores, including tigers, lions, leopards, panthers, jaguars, pumas, cheetahs, wild cats, jackals and hyenas, but excluding domesticated cats and dogs. (d) Bears and pandas. (e) Elephants. (f) Hoofed-animals, including tapirs, rhinoceroses, zebras, wild boars, hippopotamuses, camels, deers, antelopes and giraffes, but excluding domesticated horses, asses, mules, goats, pigs, cattle and buffaloes. (g) Sea-cows. (h) Seals, sea lions, walruses and dolphins. SECOND SCHEDULE Paragraph 5(3) LICENCE TO KEEP ANIMAL LEGISLATIVE HISTORY WILD ANIMALS (LICENSING) ORDER (CHAPTER 351, O 2) This Legislative History is provided for the convenience of users of the Wild Animals (Licensing) Order. It is not part of this Order. 1. G. N. No. S 55/1975—Wild Animals (Licensing) Order 1975 Date of commencement : Date not available 2. G. N. No. S 386/1981 Date of commencement : Date not available 3. 1975 Revised Edition—Wild Animals (Licensing) Order Date of operation : 25 March 1992 4. G. N. No. S 169/1998—Wild Animals (Licensing) (Amendment) Order 1998 Date of commencement : 1 April 1998 5. G. N. No. S 103/2000—Wild Animals (Licensing) (Amendment) Order 2000 Date of commencement : 3 March 2000 6. G. N. No. S 158/2004—Wild Animals (Licensing) (Amendment) Order 2004 Date of commencement : 1 April 2004 7. G. N. No. S 460/2006—Wild Animals (Licensing) (Amendment) Order 2006 Date of commencement : 1 August 2006 http://statutes.agc.gov.sg/aol/search/display/view.w3p;page=0;query=DocId%3A%225ec5b97b-1642-4635-89a3-9637f749619a%22%20Status%3Ainforce%20Depth%3A0%20ValidTime%3A19920325000000%20TransactionTime%3A20120213000000;rec=0;resUrl=http%3A%2F%2Fstatutes.agc.gov.sg%2Faol%2Fbrowse%2FtitleResults.w3p%3Bletter%3DW%3BpNum%3D1%3Btype%3DactsAll;whole=yes http://statutes.agc.gov.sg/aol/search/display/view.w3p;page=0;query=DocId%3A%225ec5b97b-1642-4635-89a3-9637f749619a%22%20Status%3Ainforce%20Depth%3A0%20ValidTime%3A19920325000000%20TransactionTime%3A20120213000000;rec=0;resUrl=http%3A%2F%2Fstatutes.agc.gov.sg%2Faol%2Fbrowse%2FtitleResults.w3p%3Bletter%3DW%3BpNum%3D1%3Btype%3DactsAll;whole=yes