Transboundary Haze Pollution Act 2014 · 2020 Revised Edition · Part 2 · Liability for Transboundary Haze Pollution
6. Civil liability for causing, etc., haze pollution in Singapore
Feedback & supportIt is a duty of an entity —
entity
“entity” means any sole proprietorship, partnership, corporation or other body of persons, whether corporate or unincorporate;
not to engage in conduct (whether in or outside Singapore) which causes or contributes to any haze pollution in Singapore; and
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.
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 —
owner
“owner”, in relation to any land situated in a foreign State or territory outside Singapore, includes any person —(a)who holds a valid lease, licence, permit, concession or other similar authorisation from a government of the foreign State or territory as regards the land for the person to carry out farming operations or forestry operations in respect of that land; or(b)who has an agreement or arrangement with another person who has a customary right under the law of the foreign State or territory as regards the land, and the agreement or arrangement relates to any farming operations or forestry operations to be carried out by any person in respect of that land;
the second entity does not engage in conduct (whether in or outside Singapore) which causes or contributes to any haze pollution in Singapore; and
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.
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 —
conduct
“conduct” means any act or omission, any series of acts or omissions, or both;
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;
sustains any physical damage to property in Singapore; or
sustains any economic loss, including a loss of profits, in Singapore.
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.