Singapore legislation

Clause 8

of Transboundary Haze Pollution Bill

Clause 8

Presumptions

(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 shall be presumed, until the contrary is proved, that there is haze pollution in Singapore involving smoke resulting from that land or forest fire, notwithstanding that 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 referred to 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 operation of subsection (1), that any haze pollution in Singapore involves smoke resulting from any fire on that land outside Singapore,it shall be 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, 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 (referred to in this subsection as the first entity) participates in the management of another entity (referred to in this subsection as the second entity); and

(b)

it is further proved, or presumed by operation of subsection (2), that the second entity engaged in conduct, or engaged in conduct that condones any conduct by another, which caused or contributed to any haze pollution in Singapore,it shall be 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, which caused or contributed to that haze pollution in Singapore.

(4)

For the purposes of this Act, it shall be 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 furnished by, or obtained from, any person pursuant to a notice issued under section 10;

(b)

any map furnished by, or obtained from, any government of a foreign State or territory outside Singapore;

(c)

any map furnished 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 furnished by any prescribed person through any prescribed means.