Singapore legislation

Section 8

of Transboundary Haze Pollution Act 2014

Section 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 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.

Section 8 — Transboundary Haze Pollution Act 2014 | laws.sg