Singapore legislation

Clause 6

of Transboundary Haze Pollution Bill

Clause 6

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

(1)

It shall be 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 shall be a duty of an entity which participates in the management of another entity (referred to in this subsection as 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, that 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 referred to in subsection (3) shall be actionable in Singapore, whether or not that conduct is also actionable in the foreign jurisdiction where that conduct occurred.