Transboundary Haze Pollution Act 2014 - Singapore Statutes Online

PART 2

LIABILITY FOR TRANSBOUNDARY HAZE POLLUTION

Offences for causing, etc., haze pollution in Singapore

5.—(1) An entity shall be guilty of an offence if —

(a)

the entity —

(i)	engages in conduct (whether in or outside Singapore) which causes or contributes to any haze pollution in Singapore; or
(ii)	engages in conduct (whether in or outside Singapore) that condones any conduct (whether in or outside Singapore) by another entity or individual which causes or contributes to any haze pollution in Singapore; and

(b)

there is haze pollution in Singapore at or about the time of that conduct by that entity.

(2) An entity which is guilty of an offence under subsection (1) shall be liable on conviction to —

(a)

a fine not exceeding $100,000 for every day or part of a day that there is haze pollution in Singapore occurring at or about the time of the entity’s conduct mentioned in subsection (1)(a)(i) or (ii) (as the case may be), but not exceeding in the aggregate the maximum prescribed in subsection (5); and

(b)

if it is proved that, at or about the time of that haze pollution in Singapore, the entity had failed to comply with any preventive measures notice given in relation to that haze pollution in Singapore, then in addition to any fine imposed under paragraph (a), a fine not exceeding $50,000 for every day or part of a day that the entity fails to comply with the preventive measures notice, but not exceeding in the aggregate the maximum prescribed in subsection (5).

(3) An entity shall be guilty of an offence if —

(a)

the entity participates in the management of another entity (called in this subsection the second entity);

(b)

the second entity is an owner or occupier of any land situated outside Singapore;

(c)

the second entity —

(i)	engages in conduct (whether in or outside Singapore) which causes or contributes to any haze pollution in Singapore; or
(ii)	engages in conduct (whether in or outside Singapore) that condones any conduct (whether in or outside Singapore) by another entity or individual which causes or contributes to any haze pollution in Singapore; and

(d)

there is haze pollution in Singapore at or about the time of that conduct by the second entity.

(4) An entity which is guilty of an offence under subsection (3) shall be liable on conviction to —

(a)

a fine not exceeding $100,000 for every day or part of a day that there is haze pollution in Singapore occurring at or about the time of the entity’s conduct mentioned in subsection (3)(c)(i) or (ii) (as the case may be), but not exceeding in the aggregate the maximum prescribed in subsection (5); and

(b)

(5) In sentencing any entity upon its conviction of an offence under subsection (1) or (3), the court must not impose an aggregate fine exceeding $2 million.

Civil liability for causing, etc., haze pollution in Singapore

6.—(1) It is a duty of an entity —

(a)	not to engage in conduct (whether in or outside Singapore) which causes or contributes to any haze pollution in Singapore; and
(b)	not to engage in conduct (whether in or outside Singapore) that condones any conduct (whether in or outside Singapore) by another entity or individual which causes or contributes to any haze pollution in Singapore.

(2) It is a duty of an entity which participates in the management of another entity (called in this subsection the second entity) that is the owner or occupier of any land situated outside Singapore to ensure that —

(a)	the second entity does not engage in conduct (whether in or outside Singapore) which causes or contributes to any haze pollution in Singapore; and
(b)	the second entity does not engage in conduct (whether in or outside Singapore) that condones any conduct (whether in or outside Singapore) by another entity or individual which causes or contributes to any haze pollution in Singapore.

(3) Where an entity engages in conduct that is in breach of any duty under subsection (1) or (2), then, subject to section 7 and the defences and other incidents applicable to actions for breach of statutory duty, such conduct is actionable conduct at the suit of any person in Singapore who, in consequence of that breach —

(a)	sustains any personal injury, contracts any disease or sustains any mental or physical incapacity in Singapore, or dies in Singapore from that personal injury, disease or incapacity;
(b)	sustains any physical damage to property in Singapore; or
(c)	sustains any economic loss, including a loss of profits, in Singapore.

(4) A cause of action for any actionable conduct mentioned in subsection (3) is actionable in Singapore, whether or not that conduct is also actionable in the foreign jurisdiction where that conduct occurred.

Defences

7.—(1) It is a defence to a prosecution for an offence under section 5(1) or (3), and to a civil claim for a breach of duty under section 6(1) or (2), if the accused or defendant (as the case may be) proves, on a balance of probabilities, that the haze pollution in Singapore was caused solely by —

(a)	a grave natural disaster or phenomenon; or
(b)	an act of war.

(2) It is also a defence to a prosecution for an offence under section 5(1) for engaging in conduct which causes or contributes to any haze pollution in Singapore, and to a civil claim for a breach of duty under section 6(1) not to engage in conduct which causes or contributes to any haze pollution in Singapore, if the accused or defendant (as the case may be) proves, on a balance of probabilities, that the conduct which caused or contributed to the haze pollution in Singapore was by another person acting without the accused’s or defendant’s knowledge or consent, or contrary to the accused’s or defendant’s wishes or instructions; but that other person cannot be —

(a)	any employee or agent of the accused or defendant, as the case may be;
(b)	any person engaged, directly or indirectly, by the accused or defendant (as the case may be) to carry out any work on the land owned or occupied by the accused or defendant, and any of that person’s employees; or
(c)	any person who has a customary right under the law of a foreign State or territory outside Singapore as regards the land in that foreign State or territory and with whom the accused or defendant (as the case may be) has an agreement or arrangement, which agreement or arrangement relates to any farming operations or forestry operations to be carried out by any person in respect of that land.

(3) It is also a defence to a prosecution for an offence under section 5(1) for engaging in conduct which condones any conduct by another entity or individual which causes or contributes to any haze pollution in Singapore, and to a civil claim for a breach of duty under section 6(1) not to engage in conduct condoning any conduct by another entity or individual which causes or contributes to any haze pollution in Singapore, if the accused or defendant (as the case may be) proves, on a balance of probabilities, that —

(a)

the accused or defendant took all such measures as are (or were at the material time) reasonable to prevent such conduct by the other entity or individual; and

(b)

if the conduct by the other entity or individual already occurred, the accused or defendant took all such measures as are (or were at the material time) reasonable to stop that conduct from continuing or to substantially reduce the detriment or potential detriment to the environment in Singapore or its use or other environmental value, or the degradation or potential degradation to the environment in Singapore, due to the other entity’s or individual’s conduct.

(4) It is also a defence to a prosecution for an offence under section 5(3), or a civil claim for a breach of duty under section 6(2), if the accused or defendant (as the case may be) proves, on a balance of probabilities, that the conduct which caused or contributed to the haze pollution in Singapore was by another person acting without the knowledge or consent of the accused or defendant and the second entity mentioned in section 5(3) or 6(2), or contrary to the wishes or instructions of the accused or defendant and that second entity; but that other person cannot be —

(a)	any employee or agent of the accused or defendant (as the case may be) or of the second entity mentioned in section 5(3) or 6(2);
(b)	any person engaged, directly or indirectly, by the accused or defendant (as the case may be) or by the second entity mentioned in section 5(3) or 6(2), to carry out any work on the land owned or occupied by the second entity, and any of that person’s employees; or
(c)	any person who has a customary right under the law of a foreign State or territory outside Singapore as regards the land in that foreign State or territory, and with whom the accused or defendant (as the case may be) or the second entity has an agreement or arrangement, which agreement or arrangement relates to any farming operations or forestry operations to be carried out by any person in respect of that land.

Presumptions

8.—(1) For the purposes of this Act, where it is proved that —

(a)	there is haze pollution in Singapore;
(b)	at or about the time of the haze pollution in Singapore, there is a land or forest fire on any land situated outside Singapore; and
(c)	based on satellite information, wind velocity and direction and other meteorological information at or about the time of the haze pollution in Singapore, the smoke resulting from that fire is moving in the direction of Singapore,

it is presumed, until the contrary is proved, that there is haze pollution in Singapore involving smoke resulting from that land or forest fire, even though there may be, at or about the same time, any land or forest fire or other fire on any other land situated outside Singapore (whether or not adjacent to the land mentioned in paragraph (b)) or in any part of Singapore.

(2) For the purposes of this Act, where —

(a)	it is proved, or presumed by the operation of subsection (4), that an entity owns or occupies any land situated outside Singapore; and
(b)	it is further proved, or presumed by the operation of subsection (1), that any haze pollution in Singapore involves smoke resulting from any fire on that land outside Singapore,

it is presumed, until the contrary is proved, that the entity which is the owner or occupier of the land engaged in conduct, or engaged in conduct that condones any conduct by another entity or individual, which caused or contributed to that haze pollution in Singapore.

(3) For the purposes of this Act, where —

(a)	it is proved that an entity (called in this subsection the first entity) participates in the management of another entity (called in this subsection the second entity); and
(b)	it is further proved, or presumed by the operation of subsection (2), that the second entity engaged in conduct, or engaged in conduct that condones any conduct by another entity or individual, which caused or contributed to any haze pollution in Singapore,

it is presumed, until the contrary is proved, that the first entity also did engage in conduct, or did engage in conduct that condones any conduct by another entity or individual, which caused or contributed to that haze pollution in Singapore.

(4) For the purposes of this Act, it is presumed, until the contrary is proved, that the entity owns or occupies any land situated outside Singapore if any of the following maps show the land as owned or occupied by that entity:

(a)	any map provided by, or obtained from, any person pursuant to a notice issued under section 10;
(b)	any map provided by, or obtained from, any government of a foreign State or territory outside Singapore;
(c)	any map provided by, or obtained from, any department of the government of a foreign State or territory outside Singapore, or any instrumentality of the government of a foreign State or territory outside Singapore even if separate and distinct from that government;
(d)	any map provided by any prescribed person through any prescribed means.

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