Singapore legislation

Clause 7

Defences

(1)

It shall be a defence to a prosecution for an offence under section 5(1) or (3), and to a civil claim for a breach of duty under section 6(1) or (2), if the accused or defendant (as the case may be) proves, on a balance of probabilities, that the haze pollution in Singapore was caused solely by —

(a)

a grave natural disaster or phenomenon; or

(b)

an act of war.

(2)

It shall also be a defence to a prosecution for an offence under section 5(1) for engaging in conduct which causes or contributes to any haze pollution in Singapore, and to a civil claim for a breach of duty under section 6(1) not to engage in conduct which causes or contributes to any haze pollution in Singapore, if the accused or defendant (as the case may be) proves, on a balance of probabilities, that the conduct which caused or contributed to the haze pollution in Singapore was by another person acting without the accused’s or defendant’s knowledge or consent, or contrary to the accused’s or defendant’s wishes or instructions; but that other person cannot be —

(a)

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

(b)

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

(c)

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.

(3)

It shall also be a defence to a prosecution for an offence under section 5(1) for engaging in conduct which condones any conduct by another entity or individual which causes or contributes to any haze pollution in Singapore, and to a civil claim for a breach of duty under section 6(1) not to engage in conduct condoning any conduct by another entity or individual which causes or contributes to any haze pollution in Singapore, if the accused or defendant (as the case may be) proves, on a balance of probabilities, that —

(a)

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

(b)

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.

(4)

It shall also be a defence to a prosecution for an offence under section 5(3), or a civil claim for a breach of duty under section 6(2), if the accused or defendant (as the case may be) proves, on a balance of probabilities, that the conduct which caused or contributed to the haze pollution in Singapore was by another person acting without the knowledge or consent of the accused or defendant and the second entity referred to in section 5(3) or 6(2), or contrary to the wishes or instructions of the accused or defendant and that second entity; but that other person cannot be —

(a)

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);

(b)

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

(c)

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.

Read in full context — Transboundary Haze Pollution Bill →