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AN OVERVIEW OF NATURE CONSERVATION LAWS -INTERNATIONAL, REGIONAL AND NATIONAL (SINGAPORE) LYE Lin Heng Chair, Programme Management Committee, MSc (Env Mgt) Program; & Deputy Director Asia-Pacific Centre of Environmental Law (APCEL) Faculty of Law National University of Singapore Email : [email protected] 1 LH Lye, APCEL

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  • AN OVERVIEW OF

    NATURE CONSERVATION LAWS

    -INTERNATIONAL, REGIONAL

    AND

    NATIONAL (SINGAPORE)

    LYE Lin Heng

    Chair, Programme Management Committee, MSc (Env Mgt) Program;

    &

    Deputy Director

    Asia-Pacific Centre of Environmental Law (APCEL)

    Faculty of Law

    National University of Singapore

    Email : [email protected]

    1 LH Lye, APCEL

  • Chief Seattle & Loss of Bisons

    LH Lye, APCEL 2

  • The last Tiger in Singapore

    LH Lye, APCEL 3

  • Pangolins on the verge of extinction in SEAsia

    Singapore Zoo

    106 rescued in Vietnam in

    2011, worth US$50,000

    LH Lye, APCEL 4

  • 5

  • Nature Conservation Laws Introduction

    * Preliminary issues

    - ownership rights re: wild animals? Plants?

    - determining what is a wild animal

    I. International Law

    II. National Laws - Statutory Laws & Common Law

    Primary Laws - Acts of Parliament

    eg. Wild Animals and Birds Act

    http://statutes.agc.gov.sg/

    Secondary laws Rules, Regulations, Notifications Orders etc.

    eg. Wild Animals and Birds (Bird Sanctuaries) Order

    6 LH Lye, APCEL

  • NATURE CONSERVATION LAWS I. International Law (Selected)

    1. *Convention on Wetlands of International Importance

    (Ramsar), 1971

    2. Convention for the Protection of the World Cultural and Natural Heritage, 1972

    3. * Convention on International Trade in Endangered Species of Wild Fauna and Flora, 1973 (CITES)

    4. Convention on the Conservation of Migratory Species of Wild Animals, 1979 (BONN)

    5. * Convention on Biological Diversity, 1992 (CBD)

    6. Convention to Combat Desertification, 1994

    7 LH Lye, APCEL

  • REGIONAL- ASEAN

    (selected)

    ASEAN Agreement on the Conservation of Nature and Natural Resources, 1985

    ASEAN Declaration on Heritage Parks and Reserves, Bangkok November 1984, now replaced by new

    Declaration on Heritage Parks,18 Dec 2003

    Memorandum of Understanding on ASEAN Sea Turtle Conservation and Protection, 1997, Bangkok

    8 LH Lye, APCEL

  • CONVENTION ON INTERNATIONAL TRADE IN

    ENDANGERED SPECIES OF FLORA AND FAUNA

    (CITES) 1973

    Signed in Washington DC 3 March 1973

    In force 1 July 1975.

    Some 175 countries are parties.

    www.cites.org

    1. OBJECTIVES

    To regulate trade in endangered species of wild flora and fauna.

    9 LH Lye, APCEL

  • Most frequently traded live animals

    Mammals monkeys

    Birds parrots

    birds of prey

    hummingbirds

    geese and ducks

    Reptiles snakes and lizards

    land and freshwater turtles

    Fishes tropical fishes

    Invertebrates butterflies

    spiders

    hard corals

    LH Lye, APCEL 10

  • Most frequently traded plants

    Snowdrops bulbs

    Orchids cut flowers, plants

    flasked seedlings

    Cacti species for collectors

    small plants for window sill

    large plants for landscaping

    Cycads species for collectors

    landscaping

    office decoration

    carnivorous

    plants

    venus fly trap

    pitcher plants

    american

    ginseng

    roots for ginseng extracts

    and medicines

    LH Lye, APCEL 11

  • Record prices (in US$)

    Trained Falcon 100,000

    Snow Leopard skin 60,000

    South American Parrot 40,000

    Musk grain (1 kg) 50,000

    Candelabra cactus 7,000

    Arrowanna fish 5,000

    Peruvian butterfly 3,000

    Orchid 2,000

    12

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  • Numbers of Specimens Currently in Trade

    Monkeys 25,000-30,000

    Tropical fish 500-600 million

    reptile skins 10 million

    Orchids 9-10 million

    wild orchids 2 million

    cacti 7-8 million

    live birds 2-5 million

    See http://www.traffic.org/home/2011/8/31/singapore-incinerates-seized-reptile-skins-from-indonesia.html

    13

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  • CITES

    2. MECHANISMS :-

    Permits required for trade. Security papers, numbers, stamps to prevent

    forgeries

    Secretariat in Switzerland. Scientific and Management Authority set up in each

    country.

    (Singapore Agri-Veterinary Authority (AVA) formerly Primary Production Department (PPD))

    Conference of the Parties (COP) every 2 years.

    14 LH Lye, APCEL

  • CITES - Three

    Appendices :

    Appendix I .

    Species threatened with extinction by trade eg. giant

    panda, tigers, rhinoceros,

    Asian elephants, all lemurs

    and apes, all sea turtles,

    many birds of prey, cranes,

    pheasants and parrots;

    many mussels, rare orchids.

    Requires export certificate, re-export certificate, import

    permit

    15 LH Lye, APCEL

  • CITES - Appendix II

    Species which though not now threatened with extinction, may become so unless trade is closely monitored. eg. whales, cats, tortoises, fur seals, dolphins, fur seals, birds of paradise, black coral, birdwing butterflies.

    Only requires export permit or re-export cert. No import permit required. Limited number of export permits.

    16 LH Lye, APCEL

  • Appendix III

    Species which an individual country wishes to give special protection.

    Requires export permit and certificate of origin.

    Note : Reservations allowed by individual

    countries

    17 LH Lye, APCEL

  • How CITES works

    3 agencies are involved for each country :

    1. Management Authority

    manages the system of permits for

    import/export/re-export;

    compiles statistics of trade in endangered

    species

    inspects wildlife consignments at points of

    entry/exit

    18

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  • How CITES works

    2. Scientific Authority

    Advises Management Authority on whether trade may endanger survival of the species.

    It has the right to veto exports of CITES specimens when such exports may endanger

    the survival of the species

    3. Customs Enforcement

    19

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  • LH Lye, APCEL 20

    The Working Structure

    of CITES

    175 Parties

    Standing Committee

    Temporary

    Working Groups

    Animals Committee

    Plants Committee

    Nomenclature Committee

    Identification Manual Committee

    CITES

    Secretariat

    Conference of the Parties

    UNEP IUCN

    Traffic

    WCMC

    Unit 3: Working Structure of CITES/international

    (a)

  • International Enforcement

    Network

    21 LH Lye, APCEL

    (b)

    CITES

    Sec.

    WCO

    Sec.

    Interpol

    Sec.

    Police

    Unit 3: Structure of CITES/international

    Customs

    Management

    Authority

  • CITES

    EXCEPTIONS Does not apply to : (a) transit/transhipment cases (b) pre-convention species (c) personal or household effects (d) captive-bred species (e) non-commercial loans/donations/exchanges

    between scientific institutions etc.

    (f) Management Authority of State may waive requirements if part of travelling zoo, circus or exhibit.

    22 LH Lye, APCEL

  • Criticisms

    1. Enforcement - requires intensive training of officers, customs etc.

    2. Constant updating of Appendices requiring constant updating of national laws

    3. Only 15% of parties have adequate legislation to implement

    4. Resolutions of COP not binding on parties, not enforceable unless local implementing legislation passed

    23 LH Lye, APCEL

  • Criticisms (continued)

    5. Transits and transhipments excluded by Art. VIII.

    6. Focuses too much on trade - does not address other causes for loss/extinction of species eg. habitat destruction

    7. Does not address welfare of animals - no standards for transportation of wildlife.

    COP recommended IATA Guidelines when transhipped by air.

    8. Not all countries are parties. Q Taiwan.

    24 LH Lye, APCEL

  • ASEAN and CITES

    ASEAN Statement on CITES on 13th Meeting of CITES COP, Bangkok 2004

    - acknowledge need to enhance awareness of such trade and

    enhance regional cooperation and coordination in law enforcement

    including sharing of intelligence, establishment of task force, inter-

    agency committees etc.

    Strengthen enforcement in border regions

    Review national laws* (Singapore amended its law in 2006!)

    Wider scientific research, wild population assessments and trade monitoring

    LH Lye, APCEL 25

  • Launch of ASEAN Wildlife Law Enforcement Network ASEAN-WEN

    http://www.asean-wen.org/

    ASEAN Statement at Launch, Bangkok 1 Dec 2005, Special meeting of Ministers responsible for implementation of CITES

    ASEAN-WEN was formerly known as ASEAN CITES Enforcement Taskforce in the ASEAN Regional Action Plan on Trade in Wild

    Flora and Fauna (2005-2010)

    Membership in WEN is open to officials from CITES Authorities, Customs, Police, Prosecutors, Specialised Govt Wildlife Law

    Enforcement and other relevant national law enforcement agencies

    Q NGOs? Eg ACRES?

    LH Lye, APCEL 26

  • ENDANGERED SPECIES (IMPORT AND EXPORT) ACT

    (Act 5 of 2006, w.e.f. 1 March 2006)

    Singapore

    Implementation of CITES in Singapore

    Singapore acceded on 30 Nov. 1986, passed Endangered Species (Import and Export) Act, 1989 (repealed in 2006 with new Act).

    An Act to. give effect to the Convention on International Trade in Endangered Species of Wild Fauna and Flora by controlling the importation, exportation and introduction from the sea of certain animals and plants and parts of such animals and plants and for matters connected therewith.

    27 LH Lye, APCEL

  • CITES - IMPLEMENTATION IN SINGAPORE

    Endangered Species (Import and Export) Act

    CITES ratified by S'pore - 30 Nov, 1986. Endangered Species (Import and Export) Act, 1989, S'pore Repealed & re-enacted Act 5 of 2006 wef 1 March 2006 Q why?

    Reservations - Singapore entered reservations on 2 crocodile species and 1 alligator species. i.e. can trade in them.

    Specific ban on sale of rhino horns (wef.20.11.92) and tiger parts (wef 4.11.94).

    New 2006 Schedule divided into 3 parts, following the CITES Appendices

    28 LH Lye, APCEL

  • Scope of Protection

    Endangered Species (Import and Export) Act,

    2006 Singapore

    1. Absolute prohibition on trade in these species, except with permit from Agri-Veterinary Authority (AVA).

    Permits required for import, export, re-export.

    2. s. 4 - Offence to possess, sell, offer or display to the public any scheduled species imported without a permit.

    Fine $50,000 for each scheduled species, max.$500,000 for aggregate, imprisonment up to 2 years, or both.

    3. S 5 offence to sell, offer or advertise for sale any scheduled species as may be specified in the Govt Gazette.

    Fine $10,000 for each species, aggregate $100,000, imprisonment up to 12 months or both.

    29 LH Lye, APCEL

  • Scope of Protection (contd)

    Endangered Species (Import and Export) Act,

    2006

    Applies also to species in transit must be accompanied by valid permits

    Officers have very wide powers of inspection, search, investigation

    - may enter without warrant, search and seize, break any door, window, lock etc.

    Defendant liable to pay all charges for holding and repatriation of the species

    Extension of liability to officers of company, partners, unincorporated associations etc.

    30 LH Lye, APCEL

  • CONVENTION ON BIOLOGICAL DIVERSITY, 1992

    http://www.cbd.int/

    Arose out of worldwide concern over loss of genes, species and eco-systems.

    Signed at Rio in 1992

    Singapore signed in 1992, ratified in 1995

    CBD acknowledges that biodiversity provides the foundation for sustainable development and that its

    conservation goes beyond merely protecting it from

    human impact.

    Its conservation requires proactive steps.

    31 LH Lye, APCEL

  • CBD

    CBD provides a framework for global action to conserve and sustainably use biological diversity.

    Main objectives - Art. 3

    * the conservation of biological diversity

    * the sustainable use of its components

    * the fair and equitable sharing of the benefits arising from the use of genetic resources.

    See http://www.cbd.int/convention/convention.shtml

    32 LH Lye, APCEL

  • Govt obligations under CBD :

    I. National Obligations

    Under the Convention, governments undertake to conserve and sustainably use biodiversity.

    They are required to develop national biodiversity strategies and action plans, and to integrate these into broader national plans for environment and development.

    This is particularly important for such sectors as forestry, agriculture, fisheries, energy, transportation and urban planning

    33 LH Lye, APCEL

  • Other treaty commitments include:

    Identifying and monitoring the important components of

    biological diversity that need to be conserved and used sustainably.

    Establishing protected areas to conserve biological diversity while promoting environmentally sound development around these areas.

    Rehabilitating and restoring degraded ecosystems and promoting the recovery of threatened species in collaboration with local residents.

    Respecting, preserving and maintaining traditional knowledge of the sustainable use of biological diversity with the involvement of indigenous peoples and local communities.

    34 LH Lye, APCEL

  • Other Govt obligations under CBD (contd)

    Preventing the introduction of, controlling, and eradicating alien species that could threaten ecosystems, habitats or species.

    Controlling the risks posed by organisms modified by biotechnology.

    Promoting public participation, particularly when it comes to assessing the environmental impacts of development projects that threaten biological diversity.

    Educating people and raising awareness about the importance of biological diversity and the need to conserve it.

    Reporting on how each country is meeting its biodiversity goals.

    35 LH Lye, APCEL

  • Article 6 General Measures for Conservation and Sustainable Use

    Each Contracting Party shall, in accordance with its particular conditions and capabilities:

    (a) Develop national strategies, plans or programmes for the conservation and sustainable use of biological diversity or adapt for

    this purpose existing strategies, plans or programmes which shall

    reflect, inter alia, the measures set out in this Convention relevant to

    the Contracting Party concerned; and

    (b) Integrate, as far as possible and as appropriate, the conservation and sustainable use of biological diversity into relevant sectoral or

    cross-sectoral plans, programmes and policies.

    LH Lye, APCEL 36

  • Surveys - database

    One of the first steps towards a successful national biodiversity strategy is to conduct surveys to find out what biodiversity exists, its value and importance, and what is endangered.

    Eg. Red Data Books

    On the basis of these survey results, governments can set measurable targets for conservation and sustainable use.

    National strategies and programmes need to be developed or adapted to meet these targets.

    37 LH Lye, APCEL

  • In-situ and Ex-situ conservation

    The conservation of each country's biological diversity can be achieved in various ways :

    "In-situ" conservation - the primary means of conservation - focuses on conserving genes, species, and ecosystems in their natural surroundings, for example by establishing protected areas, rehabilitating degraded ecosystems, and adopting legislation to protect threatened species.

    "Ex-situ" conservation uses zoos, botanical gardens and gene banks to conserve species.

    38 LH Lye, APCEL

  • Reporting

    Each government that joins the Convention is to report on what it has done to implement the accord, and how effective this is in meeting the objectives of the Convention. These reports are submitted to the Conference of the Parties (COP).

    The reports can be viewed by the citizens of all nations.

    The Convention secretariat works with national governments to help strengthen reporting and to make the reports of various countries more consistent and comparable, so that the world community can get a clearer picture of the big trends.

    Secretariat also develops indicators for measuring trends in biodiversity, particularly the effects of human actions and decisions on the conservation and sustainable use of biodiversity.

    The national reports, particularly when seen together, are one of the key tools for tracking progress in meeting the Convention's objectives.

    39 LH Lye, APCEL

  • CONSERVATION OF MARINE LIVING

    RESOURCES (selected)

    1. International Convention for the Regulation of Whaling, 1946

    2. UN Convention on Law of the Sea (UNCLOS), 1982, Parts V and VII.

    See http://www.admiraltylawguide.com/conven/unclostable.html

    3. Convention for the Conservation of Antarctic Marine Living Resources, 1980

    4. Agreement to Promote Compliance with Conservation and Management Measures by Fishing Vessels on the High Seas, 1993

    40 LH Lye, APCEL

  • I. ASEAN Agreement for the Conservation

    of Nature and Natural Resources, Kuala

    Lumpur 1985

    Signed by all 6 countries in 1985, only

    ratified by 3. Not in force.

    Art 30 entry into force on 30th day after deposit of the 6th Instrument of

    Ratification

    41 LH Lye, APCEL

  • ASEAN Agreement on the Conservation of

    Nature & Natural Resources 1985

    Chapter I Conservation and Development

    1. Fundamental principles

    2. Development planning

    42 LH Lye, APCEL

  • ASEAN Agreement on Nature & Natural

    Resources

    Chapter II Conservation of Species and Ecosystems

    3. Species genetic diversity 4. Species sustainable use 5. Species endangered and endemic 6. Vegetation cover and forest resources 7. Soil 8. Water 9. Air

    43 LH Lye, APCEL

  • ASEAN Agreement on Nature & Natural

    Resources

    Chapter III Conservation of Ecological Processes Environmental degradation Pollution

    Chapter IV Environmental Planning Measures Land-use planning Protected areas Impact assessment

    44 LH Lye, APCEL

  • ASEAN Agreement on Nature & Natural

    Resources

    Chapter V National Supporting Measures

    Scientific research

    Education, information and participation of the public training

    Administrative machinery

    45 LH Lye, APCEL

  • ASEAN Agreement on Nature & Natural

    Resources

    Chapter VI International Cooperation

    Cooperative activities

    Shared resources

    Transfrontier environmental effects

    46 LH Lye, APCEL

  • ASEAN Agreement on Nature & Natural

    Resources

    Chapter VII International Supporting Measures

    Meeting of the contracting parties (at least once every 3 years)

    Secretariat

    National Focal Points

    Adoption of protocols

    Amendment of the Agreement

    Appendices and amendments to appendicesetc

    47 LH Lye, APCEL

  • SINGAPORE

    BIODIVERSITY, CONSERVATION,

    THE ENVIRONMENT

    AND CLIMATE CHANGE

    LH Lye, APCEL 48

  • The Bradshaw, Giam and Sodhi Study

    May 2010 PloS ONE

    Recent study - Evaluating the Relative Environmental Impact of Countries, Bradshaw, Giam and Sodhi

    170 countries studied for natural forest loss, habitat conversion, marine captures, fertiliser use, water

    pollution, carbon emissions and species threats.

    Named Singapore as the country with the worse environmental proportional impact (relative to resource

    availability)

    See http://www.plosone.org/article/info:doi%2F10.1371%2Fjo

    urnal.pone.0010440

    LH Lye, APCEL 49

  • The Natural Heritage of Singapore, 3rd ed. 2010; Hugh Tan, Chou LM, Darren Yeo, Peter Ng

    More than 95% of original forest cover (578 sq km) has been cleared

    Less than 10% of remaining 28.6 sq km is primary forest

    Extinction rates of 34 - 87% occurred in forest specialists such as butterflies, freshwater fish, birds and mammals

    Present forest reserves cover 5% of total land area, harbour over 50% of remaining native biodiversity

    Marine biodiversity abundance rather than species richness has been affected

    Alien species many have adapted successfully

    New species (plants and animals) continue to be discovered

    Some species thought to be extinct have returned

    LH Lye, APCEL 50

  • Singapores Initiative- Cities Biodiversity Index

    Prepared by NParks, Singapore, proposed 28 May 2008, Bonn, meeting of CBD

    To assist cities in benchmarking their conservation efforts

    1st workshop Feb 2009 Singapore, Users Manual prepared

    15 cities have tested the Index

    2nd workshop July 2010, Singapore, to evaluate testing

    October 2010 endorsement by CBD COP-10, Nagoya

    LH Lye, APCEL 51

  • Governments response to Bradshaw, Giam and Sodhi Study

    Study used a proportional environmental impact index which is defined only in terms of total land area;

    Cities with limited land size and high intensity of land use would be necessarily disadvantaged and must be treated

    differently.

    Singapore has taken many steps to bring back its biodiversity, increasing its green cover from 35.7% to

    46.5% between 1986 and 2007,

    Singapore has set aside close to 10 % of its total land area for parks and nature reserves

    LH Lye, APCEL 52

  • 1986

    Population 2.7 million

    Greenery 36%

    2007

    Population 4.6 million

    Greenery 47%

  • Oriental Pied Hornbill returns to Singapore

    after 50 years

    http://www.nparks.gov.sg/biodivercity/

    LH Lye, APCEL 54

  • From Garden City to City in a Garden - vision and political will

    Lee Kuan Yew In wooing investors, even the trees matter 1 August 1996, 35th Anniversary of the Economic Development Board

    We have built. We have progressed. But there is no hallmark of our success more distinctive and more meaningful than achieving the

    position as the cleanest and greenest city in South-east Asia.

    Mr. Lee Kuan Yew, Prime Minister of Singapore,at the launching ceremony of the Keep Singapore Clean Campaign, 1 October 1968

    "I have always believed that a blighted urban landscape, a concrete jungle, destroys the human spirit. We need the greenery of nature to

    lift up our spirits." October 1995, Opening of National Orchid Garden

    LH Lye, APCEL 55

  • Land use planning, Governance and Management

    1. 1958 statutory Master Plan zoning, plot ratios

    - reviewed every 5 years

    2. 1971 Concept Plan projecting land use 20 years ahead to 1991, anticipates growth, land needs, infrastructure planning,

    transportation, utility installations, sewage treament plants, waste

    disposal sites etc

    3. 1991 Revised Concept Plan A Tropical City of Excellence

    4. 2001 Concept Plan Towards a Thriving World Class City

    5. 55 Development Guide Plans intensive, each serving population of 150,000 served by a town centre

    6. Latest Master Plan 2008

    7. Working on Concept Plan 2011

    LH Lye, APCEL 56

  • SINGAPORE

    LH Lye, APCEL 57

  • Surveys - database

    One of the first steps towards a successful national biodiversity strategy is to conduct surveys to find out what biodiversity exists, its value and importance, and what is endangered.

    Eg. Red Data Books

    On the basis of these survey results, governments can set measurable targets for conservation and sustainable use.

    National strategies and programmes need to be developed or adapted to meet these targets.

    58 LH Lye, APCEL

  • Singapores Nature Conservation Laws

    Wild Animals & Birds Act. 1965

    - Wild Animals (Licensing) Order

    - Wild Animals & Birds (Bird (Sanctuary) Order

    Endangered Species (Import & Export) Act, 2006

    Parks & Trees Act 2005 & selected subsidiary laws:

    - Parks & Trees Regulations, 2005

    - Parks & Trees (Preservation of Trees) Order

    - Parks & Trees (Planting Areas) Notification

    - Parks & Trees (Heritage Road Green Buffers) Order

    2006

    59 LH Lye, APCEL

  • Nature Conservation Laws (continued)

    National Parks Act & Regulations

    Public Utilities Board (Reservoirs and Catchment Area) Regulations, 2006

    Sentosa Development Corporation Regulations (see Reg. 7)

    Jurong Town Corporation (Parks) Regulations

    60 LH Lye, APCEL

  • SINGAPORE'S

    NATURE CONSERVATION LAWS

    A. PROTECTION OF INDIGENOUS WILDLIFE

    1. General protection

    (Wild Birds Ordinance 1884)

    Wild Animals and Birds Act

    Wild Animals (Licensing) Order

    Wild Animals & Birds (Bird Sanctuaries) Order

    61 LH Lye, APCEL

  • Wild Animals & Birds Act

    ALL wild animals and birds are protected under WABA s. 5 Penalty for killing or keeping wild animals or birds without

    licence 5. (1) Any person who kills, takes or keeps any wild animal or bird, other than those specified in the Schedule, without a licence 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 or bird.

    Schedule : 6 birds not protected - Housecrow (1974), Feral pigeon, purple-backed starling, Philippine glossy

    starling, common myna, white vented myna (last 5 birds as from 20.12.91)

    Q - Pigeons? Animals & Birds (Pigeons) Rules S366/73, S381/81

    62 LH Lye, APCEL

  • Wild Animals and Birds (Licensing) Order

    1975

    Need a Licence to keep wild animals listed in the First Schedule :-

    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.

    63 LH Lye, APCEL

  • Wild Animals and Birds (Licensing) Order

    1975 (contd)

    Wild Animals and Birds (Bird Sanctuaries) Order, 1970 2. The killing or taking of any bird in any of the areas

    described in the Schedule is prohibited.

    3. The netting, snaring or taking by any means of contrivance of any bird in any of the areas described in

    the Schedule is prohibited.

    Schedule comprises : Botanic Gardens, NUS grounds at Tanglin, Bukit Timah Forest Reserve, Istana Grounds,

    MacRitchie Reservoir, Peirce Reservoir, Seletar

    Reservoir, Sentosa.

    64 LH Lye, APCEL

  • Q- scope of application?

    c/p s. 5 WABA?

    Nests?

    Q - Cruelty to animals

    See Animals and Birds Act

    65 LH Lye, APCEL

  • PROTECTION OF PLANTS

    Various laws to protect plants, depending on location of specimen - whether in national parks, nature reserves, catchment area parks, JTC, Sentosa parks.

    Generally, prohibits damage of any plant, shrub or tree or doing any act which causes damage to the flora;

    - removing of any plant, etc or part thereof.

    - Sometimes, climbing of any trees or bushes is prohibited.

    66 LH Lye, APCEL

  • Protection of plants, wild animals &

    birds

    Penalties vary

    - $50,000 fine under Parks & Trees Act, imprisonment up to 6 months or both daily fine $500, must pay damages for loss of tree

    - PUB (Reservoirs and Catchment Area) Regulations 2006 fine $3,000

    $2,000 fine under Sentosa Rules

    $500 fine under JTC Rules

    $1,000 under Wild Animals and Birds Act

    Q inconsistencies?

    67 LH Lye, APCEL

  • Plant Protection

    Trees with girths exceeding 1 metre, measured 1/2 metre from ground, growing on

    (a) vacant or

    (b) gazetted land*, cannot be cut down without approval from Commissioner of Parks and Recreation

    [Parks & Trees (Preservation of Trees) Order, 1991.

    No protection outside these areas

    68 LH Lye, APCEL

  • Protection of Trees :-

    Parks & Trees (Preservation of Trees) Order

    2 August 1991

    Areas gazetted:

    (a) The area bounded by Dunearn Rd, Whitley Rd, Mt Pleasant Rd, Thomson Rd, Lornie Rd, Pan Island Expressway, Clementi Rd, Pasir Panjang Rd, Telok Blangah Rd, Lower Delta Rd, Ayer Rajah Expressway. Alexandra Rd, River Valley Rd, Fort Canning Rd and Selegie Rd;

    (b) The area bounded by Netheravon Rd, Cranwell Rd, Loyang Avenue, Loyang Way, Upper Changi Rd North and Changi Village Rd.

    69 LH Lye, APCEL

  • Parks & Trees Rules

    4. Acts prohibited except with permission of Commissioner

    4. (1) No person shall, without the permission of the Commissioner, in any public park

    (a) collect, remove, cut or displace any plant or part thereof;

    (b) prospect, mine, quarry, excavate or remove any soil, sand, laterite, clay, stone, any earth substance or water;

    (c) clear, break up, dig or cultivate any land;

    70 LH Lye, APCEL

  • Parks & Trees Rules

    d) drop or deposit any dirt, sand, gravel, clay, loam, manure, refuse, sawdust, shavings, stone, straw or any other matter or thing;

    (e) disturb or take the nest of any animal or feed, kill, injure, capture or molest any animal;

    (f) spread, set or use any net, trap or other instrument for the capture, destruction or injury of any animal;

    (g) sell, let, offer or display for sale or hire any thing, or perform or offer to perform any service for reward;

    (h) kindle or cause any fire;

    71 LH Lye, APCEL

  • Parks & Trees Rules

    Restrictions relating to animals 6. (1) No person shall, without the permission of the Commissioner, bring or cause to be brought into a public park any animal other than a domestic animal which is kept as a pet.

    (2) No person shall cause or permit a domestic animal belonging to him or in his charge to enter or remain in a public park unless it is (a) kept under proper control and, where the animal is a dog,

    held in leash; and

    - (b) restrained from straying or causing annoyance or nuisance to any person or animal or damage to any plant or property.

    72 LH Lye, APCEL

  • PROTECTION OF MARINE LIFE/BIODIVERSITY

    1. Singapore has 66 reefs, located mostly south, along busy shipping routes.

    2. Large variety of life forms - corals, fish, shellfish, anemones, others.

    3. Much damage done by reclamation, but reefs recovering.

    4. Main problem - indiscriminate/uncontrolled removal of marine life by humans, living coral hacked to pieces, anchors carelessly thrown into coral reefs.

    5. Problem exacerbated with increased popularity of sea sports, opening up of more islands for tourists etc.

    73 LH Lye, APCEL

  • Marine Protection Laws

    A. Fisheries Act (Cap. 111 1985 rev.ed.) and Regulations

    1. Controls the fishing industry in Singapore waters : (a) Persons who use fishing gear must obtain a licence.

    (b) Fishing vessels plying at any port in Singapore also require a licence.

    (c) Trapping of fish by use of explosives, poisons and trawl nets is prohibited

    NB. No trawl nets allowed within 3 miles from S'pore coast, measured at low water mark - Fishing Gear (Amendment) Rules 1972.

    74 LH Lye, APCEL

  • Marine Protection-Conservation Laws

    (d) The Fisheries (Riverine Fishing) Rules, 1987

    Singapore River, Kallang River and Marina Bay (including Telok

    Ayer Basin) Fishing with a net, trap, fishing stake or line with more than 3

    hooks is prohibited here.

    2. Applies to "any of the varieties of marine, brackish water or fresh water fishes, crustacea, aquatic mollusca, turtles, marine sponges, trepang and any other form of aquatic life and the young and eggs thereof." (s.2 - "fish" defined)

    Revoked in 2004.

    No other laws to protect marine life as an entire eco-system

    75 LH Lye, APCEL

  • Corals

    S. 14 State Lands Encroachment Act - taking of corals from sea bed is an

    offence.

    Fine $2,000.

    Q taking of fish and other sea creatures that are not corals?

    76 LH Lye, APCEL

  • Singapore Green Plan 1992

    1. 4 areas of coral reefs identified for conservation : St John's Island, Pulau Hantu, Pulau Semakau, Pulau Sudong.

    2. Workgroup 5 stated "...the existing legislative, enforcement and administrative arrangements are adequate to ensure proper protection of these marine coral areas."

    77 LH Lye, APCEL

  • SGP 1992

    Workgroup 5 (Nature Conservation) recommended a management plan for these areas.

    4. The Singapore Green Plan - Action Programmes, Min of Environment, 1993

    Provides for 5% of S'pore's land area to be set aside as nature conservation areas.

    19 sites identified as conservation areas, monitored by National Parks Board.

    78 LH Lye, APCEL

  • Revised SGP 2012

    Air -

    Maintain the Pollutant Standards Index (PSI) for ambient air within the "good" range for 85% of the year and within the "moderate"

    range for the remaining 15%.

    Reduce the ambient Particulate Matter 2.5 (PM 2.5) level to within an annual average of 15g/Nm3 by 2014.

    Water

    Increase catchment areas to 67% of Singapore's land surface.

    Increase the supply of water from non-conventional sources, such as desalination and water reclamation, to at least 25% of

    Singapore's water demand.

    Reduce per capita domestic water consumption to 155 litres a day by 2012.

    LH Lye, APCEL 79

  • Publications/Research

    Publication of :

    (a) "A First Look at Biodiversity in Singapore" by NCE, Nov. 1994

    (b) S'pore's Red Data Book on Endangered Species of Wild Animals and Plants 2nd edition planned for 2008

    (c) A Guide to the Threatened Animals of Singapore

    A Guide to the Threatened Plants of Singapore

    1997 NSS Report : State of the Environment Five years after Rio

    80 LH Lye, APCEL

  • SGP 2012

    Waste management

    Increase the overall waste-recycling rate to 60% by 2012.

    Extend the lifespan of Semakau Landfill to 50 years, strive towards "zero landfill" and "close the waste loop".

    Nature conservation

    Establish more parks and green linkages.

    Set up a National Biodiversity Reference Centre.

    The total land area covered by greenery rose from 36% in 1986 to 47%

    in 2007.

    The National Biodiversity Reference Centre (now called National

    Biodiversity Centre) was set up in 2006.

    LH Lye, APCEL 81

  • Singapore Green Plan 2012

    Feedback from various NGOs :

    Call for marine parks, especially Pulau Hantu Call for body to protect marine areas Call for EIAs Q - Need for EIAs?

    The Chek Jawa controversy 2001 The Lower Peirce Reservoir golf course

    proposal 1992

    Nearest approximations to EIAs s. 26 and 36, Env Pollution Control Act

    82 LH Lye, APCEL

  • Chapter 3 SGP 2012

    Among our marine treasures are the pockets of coral reefs which flourish to the

    south of Singapore, in particular, around

    the St Johns Island group, Pulau Hantu, Pulay Semakau, and the Pulau Sudong

    group.

    The government will keep these areas in their natural state for as long as possible.

    83 LH Lye, APCEL

  • Some controversies

    I. Lower Peirce Reservoir - almost destroyed

    in 1992, for a golf course

    84

  • Chek Jawa, Pulau Ubin - 2002

    preserved for next 10 years?

    6 eco-systems within this area

    Sea grass beds Foreshores Act

  • Bukit Brown Views of Heritage Society

    On 12 September 2011, the Land Transport Authority, the Urban Redevelopment Authority and the National

    Parks Board announced a new dual four-lane road in

    Bukit Brown, with construction to begin in the first

    quarter of 2013.

    The press statement also claims that the road could affect an estimated 5% of the 100,000 graves in the

    cemetery.

    Bukit Brown cemetery is located in the central area of Singapore, bordering Lornie Road and parts of the Pan-

    Island Expressway. Currently defunct, it was established

    as a public burial ground for the Chinese in 1922. By

    1929, the cemetery accounted for about 40% of all

    officially registered Chinese burials within municipal

    limits. In addition to prominent pioneers like Chew Boon

    Lay and Cheang Hong Lim, tens of thousands of

    ordinary migrants are also buried at Bukit Brown.

    The Singapore Heritage Society opposes the destruction of heritage. Bearing in mind certain limitations Singapore

    has, the Society feels that any decisions taken which

    affects the heritage of Singapore must include due

    consideration of the relevant stakeholders and all

    possible conservation alternatives

    86

  • LH Lye, APCEL 87

  • LH Lye, APCEL 88

  • LH Lye, APCEL 89

  • Bukit Brown Nature Societys Position Paper, 20 Dec 2011

    Bukit Brown is one of 28 sites listed in the Nature Societys Master Plan for the Conservation of Nature in Singapore (1990), recognised for its considerable ecological and biodiversity value.

    It is home to diverse wildlife, serves as a buffer for the adjoining Nature Reserve, and has even more potential if managed actively.

    I. Eco-system services

    (1) carbon sequestration

    (2) natural airconditioner

    (3) rainfall sponge

    (4) the city biodiversity index

    II. Biodiversity

    (1) birds 90 bird species recorded (25% of bird species

    (ii) 13 birds are nationally threatened species in Red Data book

    (iii) foraging ground for 48 forest species (50% of total)

    (iv) stepping stone for species to get to other parks/protected areas

    Recommends -

    1. Heritage park with cultural and natural heritage preserved and integrated, allowing for recreational activities where

    these do not disturb the heritage

    2. Need for EIA

    3. Suggests alternative routes including viaduct, underground etc

    90

  • SAVING THE EARTH ETHICS AND NATURE CONSERVATION

    WORLD CHARTER FOR NATURE - - adopted by UN General Assembly 1982, 5 general principles

    http://www.un.org/documents/ga/res/37/a37r007.htm

    I. GENERAL PRINCIPLES 1. Nature shall be respected and its essential processes shall not be impaired.

    2. The genetic viability on the earth shall not be compromised; the population levels of all life forms, wild and domesticated, must be at least

    sufficient for their survival, and to this end necessary habitats shall be

    safeguarded.

    3. All areas of the earth, both land and sea, shall be subject to these principles of conservation; special protection shall be given to unique areas,

    to representative samples of all the different types of ecosystems and to the

    habitats of rare or endangered species.

    LH Lye, APCEL 91

  • World Charter for Nature, 1982 (contd)

    4. Ecosystems and organisms, as well as the land, marine and atmospheric resources that are utilized by

    man, shall be managed to achieve and maintain

    optimum sustainable productivity, but not in such a way

    as to endanger the integrity of those other ecosystems or

    species with which they coexist.

    5. Nature shall be secured against degradation caused by warfare or other hostile activities.

    LH Lye, APCEL 92

  • The Earth Charter

    The Earth Charter is an international declaration of fundamental values and principles considered useful by its supporters for building

    a just, sustainable, and peaceful global society in the 21st century.

    Created by a global consultation process, and endorsed by organizations representing millions of people, the Charter "seeks to

    inspire in all peoples a sense of global interdependence and shared

    responsibility for the well-being of the human family, the greater

    community of life, and future generations.

    It calls upon humanity to help create a global partnership at a critical juncture in history. The Earth Charter's ethical vision proposes that

    environmental protection, human rights, equitable human

    development, and peace are interdependent and indivisible.

    The Earth Charter Initiative organization exists to promote the Charter.

    LH Lye, APCEL 93

  • THE EARTH CHARTER http://www.earthcharterinaction.org/2000/10/the_earth_charter.html

    We stand at a critical moment in Earth's history, a time when humanity must choose its future. As the world becomes increasingly interdependent and fragile, the future at once holds great peril and great promise.

    To move forward we must recognize that in the midst of a magnificent diversity of cultures and life forms we are one human family and one Earth community with a common destiny.

    We must join together to bring forth a sustainable global society founded on respect for nature, universal human rights, economic justice, and a culture of peace.

    Towards this end, it is imperative that we, the peoples of Earth, declare our responsibility to one another, to the greater community of life, and to future generations.

    94 LH Lye, APCEL

  • The Earth Charter

    Universal Responsibility To realize these aspirations, we must decide to live with a sense of universal responsibility, identifying ourselves with the whole Earth community as well as our local communities. We are at once citizens of different nations and of one world in which the local and global are linked. Everyone shares responsibility for the present and future well-being of the human family and the larger living world. The spirit of human solidarity and kinship with all life is strengthened when we live with reverence for the mystery of being, gratitude for the gift of life, and humility regarding the human place in nature.

    We urgently need a shared vision of basic values to provide an ethical foundation for the emerging world community. Therefore, together in hope we affirm the following interdependent principles for a sustainable way of life as a common standard by which the conduct of all individuals, organizations, businesses, governments, and transnational institutions is to be guided and assessed.

    95 LH Lye, APCEL

  • PRINCIPLES

    I. RESPECT AND CARE FOR THE COMMUNITY OF LIFE 1. Respect Earth and life in all its diversity. a. Recognize that all beings are interdependent and every form of life has value regardless of its worth to human beings. b. Affirm faith in the inherent dignity of all human beings and in the intellectual, artistic, ethical, and spiritual potential of humanity. 2. Care for the community of life with understanding, compassion, and love. a. Accept that with the right to own, manage, and use natural resources comes the duty to prevent environmental harm and to protect the rights of people. b. Affirm that with increased freedom, knowledge, and power comes increased responsibility to promote the common good.

    96 LH Lye, APCEL

  • II. ECOLOGICAL INTEGRITY

    5. Protect and restore the integrity of Earth's ecological systems, with special concern for biological diversity and the natural processes that sustain life. a. Adopt at all levels sustainable development plans and regulations that make environmental conservation and rehabilitation integral to all development initiatives. b. Establish and safeguard viable nature and biosphere reserves, including wild lands and marine areas, to protect Earth's life support systems, maintain biodiversity, and preserve our natural heritage. c. Promote the recovery of endangered species and ecosystems. d. Control and eradicate non-native or genetically modified organisms harmful to native species and the environment, and prevent introduction of such harmful organisms. e. Manage the use of renewable resources such as water, soil, forest products, and marine life in ways that do not exceed rates of regeneration and that protect the health of ecosystems. f. Manage the extraction and use of non-renewable resources such as minerals and fossil fuels in ways that minimize depletion and cause no serious environmental damage.

    97 LH Lye, APCEL