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Conservation laws
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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
LH
Lye
, AP
CE
L
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
LH
Lye
, AP
CE
L
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
LH
Lye
, AP
CE
L
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
LH
Lye
, AP
CE
L
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.
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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.
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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
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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.
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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
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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.
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Some controversies
I. Lower Peirce Reservoir - almost destroyed
in 1992, for a golf course
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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