Transboundary Haze Pollution Bill

any map, plan, graph or drawing;

any photograph;

any label, marking or other writing which identifies or describes anything of which it forms a part, or to which it is attached by any means whatsoever;

any disc, tape or other article or any material from which sounds, images, writings or messages are capable of being produced or reproduced (with or without the aid of another article or device); and

any paper or other material on which there are marks, impressions, figures, letters, symbols or perforations having a meaning for persons qualified to interpret them;

of establishing a plantation or farm (such as the clearing of land, or the use of pesticides, herbicides and fertilisers); or

of securing —

the production on the land (whether by sowing seed or otherwise), on an on‑going basis, of food or other produce; or

the commercial breeding of livestock or poultry on land,and includes the provision of roads and trails, and the maintenance of existing railways, to enable or assist in the operations and activities referred to in paragraph (a) or (b) or both;

logging operations;

activities relating to the management of land for timber production such as thinning and other silvicultural activities;

harvesting or collecting vegetation (whether living or dead and whether fallen or standing), indigenous animal life or other forest products that are of economic value; or

the provision of roads and trails, and the maintenance of existing railways, to enable or assist in the operations and activities referred to in paragraph (a), (b) or (c) or any combination thereof;

who holds a valid lease, licence, permit, concession or other similar authorisation from a government of the foreign State or territory as regards land for the person to carry out farming operations or forestry operations in respect of that land; or

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;

to its detriment or degradation or potential detriment or degradation; or

to the detriment or potential detriment of its use or other environmental value;

any land, air or water;

any living thing; and

any man-made or modified structures and areas,and includes interactions between all or any of the components referred to in paragraphs (a), (b) and (c).

the air quality index for any part of Singapore reaches the prescribed number on the index or higher; and

for the next 24 hours or longer, the air quality index for the same part or any other part of Singapore remains at or reaches that number so prescribed or higher.

the primary person failing to prevent such conduct of the secondary person as is within the contemplation of the primary person or that is a reasonably foreseeable consequence of the primary person’s own conduct; or

if the secondary person’s conduct has already occurred —

the primary person failing to stop the secondary person’s conduct from continuing; or

the primary person failing 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 secondary person’s conduct.

the entity —

engages in conduct (whether in or outside Singapore) which causes or contributes to any haze pollution in Singapore; or

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

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

a fine not exceeding $100,000 for every day or part thereof that there is haze pollution in Singapore occurring at or about the time of the entity’s conduct referred to 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

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 thereof that the entity fails to comply with the preventive measures notice, but not exceeding in the aggregate the maximum prescribed in subsection (5).

the entity participates in the management of another entity (referred to in this subsection as the second entity);

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

the second entity —

engages in conduct (whether in or outside Singapore) which causes or contributes to any haze pollution in Singapore; or

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

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

a fine not exceeding $100,000 for every day or part thereof that there is haze pollution in Singapore occurring at or about the time of the entity’s conduct referred to 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

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 thereof that the entity fails to comply with the preventive measures notice, but not exceeding in the aggregate the maximum prescribed in subsection (5).

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.

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.

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 grave natural disaster or phenomenon; or

an act of war.

any employee or agent of the accused or defendant (as the case may be);

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

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.

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

if the conduct by the other entity or individual already occurred, the accused or defendant took all such measures as is (or was 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.

any employee or agent of the accused or defendant (as the case may be) or of the second entity referred to in section 5(3) or 6(2);

any person engaged, directly or indirectly, by the accused or defendant (as the case may be) or by the second entity referred to 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

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.

there is haze pollution in Singapore;

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

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.

it is proved, or presumed by the operation of subsection (4), that an entity owns or occupies any land situated outside Singapore; and

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.

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

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.

any map furnished by, or obtained from, any person pursuant to a notice issued under section 10;

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

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;

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

there is air pollution of the environment in Singapore, or there is air pollution of the environment in any part of a country or territory outside Singapore, because of any land or forest fire on any land situated outside Singapore; and

based on satellite information, wind velocity and direction and meteorological information, the smoke from that fire is likely to move in the direction of Singapore,the Director‑General may, if he thinks it necessary or expedient to prevent, reduce or control any haze pollution in Singapore, give a preventive measures notice to any entity that, in his opinion, is directly or indirectly involved in any conduct which is causing or contributing to, or is likely to cause or contribute to, any haze pollution in Singapore.

to deploy fire‑fighting personnel and to use any other reasonable methods to extinguish or prevent the spread of any land or forest fire on any land situated outside Singapore which is owned or occupied by the recipient entity, or by another entity, the management of which the recipient entity participates in;

to discontinue, or not commence, any burning activities on such land as is referred to in paragraph (a);

to submit to the Director-General any plan of action to extinguish or prevent the spread of any fire on any land referred to in paragraph (a) and to prevent its recurrence.

which relate to any matter necessary to carry out the functions or duties of, or assigned to, the Director‑General or the Agency by or under any provision of this Act; and

which are within the knowledge of that person or in that person’s custody or under that person’s control.

to require that person, or any individual who is or was an officer or employee of that person, to provide an explanation of the document or information;

if the document or information is not furnished, to require that person to state, to the best of that person’s knowledge and belief, where it is; and

if the information is recorded otherwise than in legible form, to require the information to be made available to the Agency in legible form.

where the person is an individual within Singapore — by delivering the notice personally to the person;

where the person is a body corporate, an unincorporated association or a partnership within Singapore — by delivering the notice personally to an officer of the body corporate or unincorporated association, or a partner of the partnership;

where the person is a body corporate, an unincorporated association or a partnership within Singapore and participates in the management of a body corporate, an unincorporated association or a partnership outside Singapore — by delivering the notice personally to an officer of the first‑mentioned body corporate or unincorporated association, or a partner of the first‑mentioned partnership;

where the person is a body corporate, an unincorporated association or a partnership which does not have any place of business in Singapore — by delivering the notice personally to an officer of the body corporate or unincorporated association, or a partner of the partnership when the officer or partner is within Singapore;

where the person has consented to the service of the notice by any mode — by that mode.

intentionally alters, suppresses or destroys any document or information which he has been required by the notice to furnish; or

in furnishing any document or information required by the notice, makes any statement which the person knows to be false in a material particular, or recklessly makes such a statement,that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both.

in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or

in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity;

examine orally any person who appears to be acquainted with matters related to the offence;

require by notice in writing the attendance before himself of any person within Singapore who, from information given or otherwise, appears to be acquainted with matters related to the offence;

require any person to furnish any information or produce any book or document, or any copy thereof, in the possession of that person and, without payment, inspect, keep, copy or take extracts from that book, document or copy.

shall be in writing;

shall be read over to him;

if he does not understand English, shall be interpreted for him in a language that he understands; and

after correction, if necessary, shall be signed by him.

in the case of an individual —

by delivering it to the individual personally;

by leaving it with an adult person apparently resident at, or by sending it by pre-paid registered post to, the usual or last known address of the place of residence of the individual;

by leaving it with an adult person apparently employed at, or by sending it by pre‑paid registered post to, the usual or last known address of the place of business of the individual;

by affixing a copy of the document in a conspicuous place at the usual or last known address of residence or business of the individual; or

by sending it by facsimile transmission to the fax transmission number operated at the usual or last known address of the place of residence or business of the individual, or the last fax number given to the Agency or an authorised officer by the individual as the facsimile transmission number for the service of documents on the individual;

in the case of a partnership other than a limited liability partnership —

by delivering it to any one of the partners or the secretary or other like officer of the partnership;

by leaving it at, or by sending it by pre‑paid registered post to, the principal or last known place of business of the partnership in Singapore; or

by sending it by facsimile transmission to the fax transmission number operated at the principal or last known place of business of the partnership in Singapore; and

in the case of any limited liability partnership or any other body corporate —

by delivering it to the secretary or other like officer of the body corporate or, in the case of a limited liability partnership, the manager thereof;

by leaving it at, or by sending it by pre-paid registered post to, the registered office or principal office of the limited liability partnership or body corporate in Singapore; or

by sending it by facsimile transmission to the fax transmission number operated at the registered office or principal office of the limited liability partnership or body corporate in Singapore.

sent by a facsimile transmission to the fax transmission number operated at the last known place of residence or business or registered office or principal office in accordance with subsection (1), it shall be deemed to have been duly served on the person to whom it is addressed on the day of transmission, subject to receipt on the sending facsimile machine of a notification (by electronic or other means) of a successful transmission to the place of residence or business or registered office or principal office, as the case may be; and

sent by pre-paid registered post, it shall be deemed to have been duly served on the person to whom it is addressed 2 days after the day the notice or document was posted, whether or not it is returned undelivered.

that the offence was committed without his consent, connivance or privity; and

that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances.

proceed as though he were produced under section 153 of the Criminal Procedure Code; and

at the conclusion of the proceedings, call upon him to show cause why he should not be punished for failing to attend in compliance with the notice served upon him and, if cause is not shown, may order him to pay such fine not exceeding $2,000 as the court thinks fit or may commit him to prison for a term not exceeding 2 months.

one half of the amount of the maximum fine that is prescribed for the offence;

$5,000.

for carrying out the purposes and provisions of this Act; and

for the prescribing of anything that is required or permitted to be prescribed under this Act.

that any contravention of, or failure or neglect to comply with any regulations shall be an offence; and

for a penalty not exceeding a fine of $10,000 for each offence and, in the case of a continuing offence, a further penalty not exceeding a fine of 10% of the maximum fine prescribed for that offence for every day or part thereof during which the offence continues after conviction.