Statute Details
- Title: Animals and Birds (Exemption from Section 48(1)) Notification 2024
- Act Code: ABA1965-S669-2024
- Type: Subsidiary legislation (SL)
- Authorising Act: Animals and Birds Act 1965
- Enacting power: Section 79 of the Animals and Birds Act 1965
- Commencement: 29 August 2024
- Notification number: S 669/2024
- Status: Current version as at 26 March 2026
- Key provision: Exemption from the licence requirement under section 48(1) of the Animals and Birds Act 1965
- Related subsidiary rules referenced:
- Animals and Birds (Licensing of Premises for Pet Shop and Other Purposes) Rules (R 2)
- Animals and Birds (Licensing of Farms) Rules (R 3)
What Is This Legislation About?
The Animals and Birds (Exemption from Section 48(1)) Notification 2024 is a Singapore subsidiary legal instrument that creates a targeted exemption from a statutory licensing requirement. In plain terms, it addresses a specific compliance question: when a person already operates under a valid licensing regime for premises or farms involving animals and birds, do they still need an additional licence for keeping animals and birds in captivity for the purposes covered by section 48(1) of the Animals and Birds Act 1965?
The Notification answers “no” for certain categories of operators and activities. It does not repeal the licensing regime in the Act. Instead, it recognises that some businesses are already regulated through other licensing frameworks—namely, licences for pet shops and other premises, and licences for farms—issued under the relevant licensing rules. Where those licences (or specified Director‑General directives) are in place, the Notification exempts the operator from the separate licence requirement under section 48(1) in relation to the relevant premises or farm.
Practically, this Notification reduces duplicative licensing for regulated animal-and-bird businesses, while preserving regulatory oversight through the underlying pet shop/premises and farm licensing systems. It also clarifies that the exemption is conditional: it applies only to the specific premises/farm and only when the operator is acting under the relevant licence or directive.
What Are the Key Provisions?
Section 1: Citation and commencement provides the legal identity and effective date of the Notification. It states that the Notification is the “Animals and Birds (Exemption from Section 48(1)) Notification 2024” and that it comes into operation on 29 August 2024. For practitioners, this matters because exemption rights and compliance obligations generally attach from commencement; actions taken before that date may not benefit from the exemption.
Section 2: Exemption from section 48(1) of Act is the heart of the Notification. It sets out the categories of persons who qualify for the exemption. The operative language is that a “person who” falls within one of the listed scenarios is “exempt from the requirement to obtain a licence” in respect of the relevant premises or farm for keeping animals and birds in captivity for the purposes under section 48(1) of the Animals and Birds Act 1965.
The exemption is framed around four pathways:
(a) Licensed pet shop or exhibition premises: A person who uses any premises as a pet shop, or for the exhibition of any animals or birds, “in accordance with a valid licence” issued under the Animals and Birds (Licensing of Premises for Pet Shop and Other Purposes) Rules (referenced as R 2). The exemption applies to the premises used for those purposes, provided the licence is valid.
(b) Licensed commercial farm for sale/export/exhibition: A person who keeps or maintains a farm for commercial purposes relating to the sale, export or exhibition of animals or birds, “in accordance with a valid licence” issued under the Animals and Birds (Licensing of Farms) Rules (referenced as R 3). Again, the exemption is linked to the existence of a valid farm licence and to the commercial purposes specified.
(c) Premises sale/export of pet animals or birds under Director‑General directive: A person who uses premises for the sale or export of any pet animals or birds in accordance with a directive issued by the Director‑General under rule 7(2)(b) or (c) of the licensing-of-premises rules. This is important because it extends the exemption beyond formal licences to situations where the Director‑General has issued a directive under the relevant rule-making framework. Practitioners should therefore treat the directive as a legally relevant instrument that can substitute for (or operate alongside) the licensing requirement, at least for the purposes of the exemption.
(d) Farm sale/export of animals or birds under Director‑General directive: A person who keeps or maintains a farm for the sale or export of any animals or birds in accordance with a directive issued by the Director‑General under rule 10(2)(b) of the licensing-of-farms rules. Like (c), this pathway is directive-based, and it limits the exemption to farms used for sale/export under the specified directive authority.
Two further practical points follow from the structure of section 2. First, the exemption is premises- or farm-specific: it applies “in respect of those premises or the farm (as the case may be).” If an operator uses multiple locations or conducts multiple activities, the exemption may not automatically extend to all locations or activities unless they fall within the listed categories and are covered by the relevant licence/directive. Second, the exemption is purpose-specific: the underlying licensing rules and directives relate to pet shops, exhibitions, and commercial sale/export activities. If an operator’s activities fall outside those purposes, the exemption may not apply.
The Notification also includes the formal making clause: it was “Made on 20 August 2024” by the Director‑General, Animal Health and Welfare. While the extract does not reproduce the full legislative history, the making date and the commencement date (29 August 2024) indicate the typical legislative timeline: the instrument is issued before it becomes effective.
How Is This Legislation Structured?
This Notification is short and structured in a conventional subsidiary-legislation format. It contains:
(1) Enacting Formula—identifies the legal basis and the authority under which the Director‑General makes the Notification (section 79 of the Animals and Birds Act 1965).
(2) Section 1 (Citation and commencement)—sets out the name and when it takes effect.
(3) Section 2 (Exemption from section 48(1) of Act)—sets out the substantive exemption and the four qualifying scenarios (a) to (d).
There are no additional parts, schedules, or procedural provisions in the extract. The operative legal work is done entirely by section 2, which cross-references other subsidiary rules and Director‑General directives.
Who Does This Legislation Apply To?
The Notification applies to “a person” who operates within the specified categories. In practice, this will typically include businesses and operators involved in the commercial handling of animals and birds—particularly those who already hold licences under the relevant licensing rules for premises (pet shops and exhibitions) or farms (commercial sale/export/exhibition).
However, the scope is not limited to licence holders alone. It also covers persons who operate in accordance with Director‑General directives issued under specified rule provisions (rule 7(2)(b) or (c) for premises; rule 10(2)(b) for farms). Accordingly, the exemption can apply where the Director‑General has authorised or directed the relevant sale/export activity through the directive mechanism, even if the operator is not relying solely on a “valid licence” under the rules.
For practitioners advising clients, the key is to map the client’s actual operations to the Notification’s categories: (i) pet shop/exhibition premises under a valid premises licence; (ii) commercial farms under a valid farm licence; (iii) premises used for pet animal/bird sale/export under a Director‑General directive; and (iv) farms used for sale/export under a Director‑General directive. If the client’s activity does not fit these categories, the exemption may not be available.
Why Is This Legislation Important?
This Notification is significant because it clarifies and streamlines compliance obligations under the Animals and Birds regulatory framework. Section 48(1) of the Animals and Birds Act 1965 imposes a licensing requirement for keeping animals and birds in captivity for certain purposes. Without an exemption, operators who already comply with other licensing regimes might face duplicative licensing burdens—potentially increasing administrative costs and creating avoidable regulatory friction.
By granting a targeted exemption, the Notification promotes regulatory efficiency while maintaining oversight. The exemption is not a blanket relaxation; it is conditional on the operator being within the licensed or directive-authorised pathways under the subsidiary licensing rules. This design suggests a policy intent: where the operator is already subject to the more specific premises/farm licensing controls, the additional licence under section 48(1) is unnecessary for the same premises or farm.
From an enforcement and risk-management perspective, the Notification also provides a compliance “safe harbour” for qualifying operators. Lawyers and compliance officers should therefore ensure that clients (i) hold valid licences where required, (ii) can evidence the validity and scope of those licences, and (iii) where relying on directives, can produce the relevant Director‑General directive and demonstrate that the client’s activities align with the directive’s terms and the rule provisions referenced in section 2(c) and 2(d).
Finally, because the Notification commenced on 29 August 2024, practitioners should consider temporal issues. If a client’s operations began before commencement, they may have been required to obtain the section 48(1) licence during the pre-commencement period unless another exemption applied. Conversely, for ongoing operations after commencement, the Notification may reduce the need for additional licensing—subject to the operator meeting the conditions.
Related Legislation
- Animals and Birds Act 1965 (including section 48(1) and the authorising power in section 79)
- Animals and Birds (Licensing of Premises for Pet Shop and Other Purposes) Rules (referenced provisions: rule 7(2)(b) and (c); referenced as R 2)
- Animals and Birds (Licensing of Farms) Rules (referenced provisions: rule 10(2)(b); referenced as R 3)
Source Documents
This article provides an overview of the Animals and Birds (Exemption from Section 48(1)) Notification 2024 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.