GOVERNMENT GAZETTE ACTS SUPPLEMENT

Similar documents
WORKPLACES (PROTECTION FROM PROTESTERS) BILL 2014

COMPUTER MISUSE AND CYBERSECURITY ACT (CHAPTER 50A)

Nauru Utilities Corporation Act 2011

Motor Vehicles (Third-Party Risks and Compensation) (Amendment) Bill

Personal Data Protection Bill

Motor Sports (World Rally Championship) Act 2009 No 55

PEST CONTROL PRODUCTS ACT

LAWS OF MALAYSIA. Act 680 ELECTRONIC GOVERNMENT ACTIVITIES ACT 2007 ARRANGEMENT OF SECTIONS PART I PRELIMINARY PART II

Community Housing Providers (Adoption of National Law) Bill 2012

Remote Gambling Bill

KENYA GAZETTE SUPPLEMENT

Electronic Commerce 1 LAWS OF MALAYSIA. Act 658

Queensland. Credit (Commonwealth Powers) Act 2010

Consolidated implied terms in park home pitch agreements

AUDIT ACT Revised Edition CAP

ANTIGUA AND BARBUDA THE SMALL BUSINESS DEVELOPMENT ACT, No. of 2007

HOUSING DEVELOPMENT (CONTROL AND LICENSING) (AMENDMENT) ACT

Financial Advisers (Amendment) Bill

COCONUT PRESERVATION ACT

Health Administration Act 1982 No 135

Queensland. Classification of Computer Games and Images and Other Legislation Amendment Act 2013

ANTIGUA AND BARBUDA THE SMALL BUSINESS DEVELOPMENT ACT, No. 24 of 2007

Rain-making Control Act 1967

PEST CONTROL PRODUCTS ACT

Work Injury Compensation (Amendment) Bill

Zambia Security Intelligence [No. 14 of Service THE ZAMBIA SECURITY INTELLIGENCE SERVICE ACT, 1998

THE MURREE-KAHUTA DEVELOPMENT AUTHORITY ACT, 1986

Queensland ENVIRONMENTAL PROTECTION AMENDMENT ACT 1997

Anti-Trafficking in Persons and Anti-Smuggling of Migrants (Amendment) A BILL. i n t i t u l e d

Small Business Grants (Employment Incentive) Act 2015 No 14

Criminal Code Amendment (Cluster Munitions Prohibition) Act 2012

Protection from Harassment Bill

Private Security Industry Bill

A BILL for AN ACT. Serial 270 Volatile Substance Abuse Prevention Bill 2004 Ms Scrymgour

Casino, Liquor and Gaming Control Authority Act 2007 No 91

LEGAL PROFESSION (LEGAL PRACTICE MANAGEMENT COURSE) RULES 2015

The Dangerous Goods Transportation Act

Legal Supplement Part A to the Trinidad and Tobago Gazette, Vol. 39, No. 193, 5th October, 2000

Building Work Contractors Act 1995

Liquor Control (Supply and Consumption) Bill

PREFERENTIAL TRADE AREA RE-INSURANCE COMPANY (MANDATORY RE-INSURANCE CESSIONS) ACT

Financial Advisers (Amendment) Bill

Disability Discrimination Act 1992

CHAPTER E12 - ENVIRONMENTAL IMPACT ASSESSMENT ACT

PEST DESTROYERS ACT.

Victoria Government Gazette By Authority of Victorian Government Printer

Tax Agent Services Act 2009

PROTECTED DISCLOSURES ACT 26 OF 2000

LOCAL GOVERNMENT (BUILDING CERTIFICATES) AMENDMENT ACT 1986 No. 157

James Hardie Former Subsidiaries (Winding up and Administration) Act 2005 No 105

Insurance (Amendment) Bill

BERMUDA INTERNATIONAL COOPERATION (TAX INFORMATION EXCHANGE AGREEMENTS) ACT : 47

Crimes (Computer Hacking)

ACT. Supplement to the Sierra Leone Gazette Vol. CXL, No. 5 dated 22nd January, ii PART V MISCELLANEOUS

THE ONLINE GAMBLING REGULATION ACT THE ONLINE GAMBLING (DISASTER RECOVERY) (No. 2) REGULATIONS. Laid before Tynwald 16 th October 2007

Retirement Fund (Amendment) 1 A BILL. i n t i t u l e d. An Act to amend the Retirement Fund Act 2007.

MERCHANT SHIPPING (CIVIL LIABILITY AND COMPENSATION FOR OIL POLLUTION) ACT (CHAPTER 180)

Consumer Protection (Fair Trading) (Amendment) Bill

ACT. No Sierra Leone. The Investment Promotion Act, Supplement to the Sierra Leone Gazette Vol. CXXXV, No. 49 dated 26th August, 2004

NSW Self Insurance Corporation Amendment (Home Warranty Insurance) Act 2010 No 30

Casino Control Act 2006

INTERNATIONAL COLLECTIVE INVESTMENT SCHEMES LAW

Number 27 of 2006 ARRANGEMENT OF SECTIONS. PART 1 Preliminary and General

DRAFT INSURANCE (AMENDMENT) BILL 2015

PUBLIC SERVICE ACT, 1994

The Pest Control Act

NATIONAL VELD AND FOREST FIRE ACT 101 OF

PROHIBITION OF MERCENARY ACTIVITIES AND PROHIBITION AND REGULATION OF CERTAIN ACTIVITIES IN AREAS OF ARMED CONFLICT BILL

Snowy Mountains Cloud Seeding Trial Act 2004 No 19

Payment and Settlement Systems (Finality and Netting) Bill

LAND CONSOLIDATION ACT

STOCK (ARTIFICIAL INSEMINATION) ACT.

REPUBLIC OF TRINIDAD AND TOBAGO. Act No. 16 of 2004

Workmen s Compensation (Amendment) Bill

The Limited Partnership Bill, 2010 THE LIMITED LIABILITY PARTNERSHIP BILL 2010 ARRANGEMENT OF CLAUSES PART I PRELIMINARY. Clause

AS TABLED IN THE HOUSE OF ASSEMBLY

REPUBLIC OF SOUTH AFRICA

THE COMPUTER MISUSE AND CYBERCRIME ACT I assent ARRANGEMENT OF SECTIONS

Accounting Law and Regulations in Singapore - A Guide

Act 5 Foreign Exchange Act 2004

FOREIGN EXCHANGE ACT, 1992 ARRANGEMENT OF SECTIONS. Title PART I PRELIMINARY PROVISIONS

Labuan Limited Partnerships and Limited Liability Partnerships

MONEYLENDERS ACT 1991

REPUBLIC OF VANUATU INSOLVENCY (CROSS - BORDER) ACT NO. 4 OF Arrangement of Sections

LIQUEFIED PETROLEUM GAS CHAPTER 218

New South Wales. 1 Name of Act 2 Commencement 3 Definitions 4 Who is a witness?

(1 May to date) ACCREDITATION FOR CONFORMITY ASSESSMENT, CALIBRATION AND GOOD LABORATORY ACT 19 OF 2006

INDUSTRIAL INSPECTORATE ACT CAP. 180 L.F.N ACT CAP I8 L.F.N Establishment and composition of Industrial Inspectorate Division.

Legal Supplement Part A to the Trinidad and Tobago Gazette, Vol. 46, No. 23, 7th February, 2007

BELIZE LIMITED LIABILITY PARTNERSHIP ACT CHAPTER 258 REVISED EDITION 2003 SHOWING THE SUBSTANTIVE LAWS AS AT 31ST MAY, 2003

LAWS OF BRUNEI CHAPTER 194 COMPUTER MISUSE ACT

Planning Act 2008: Guidance on Changes to Development Consent Orders. December 2015 Department for Communities and Local Government

A BILL for AN ACT. Serial 137 Personal Injuries (Civil Claims) Bill 2003 Dr Toyne

LEGAL AID ACT ARRANGEMENT OF SECTIONS PART I. Establishment of Legal Aid Council. 1. Legal Aid Council. 2. Membership of the Council, etc.

Financial Services (Collective Investment Schemes) FINANCIAL SERVICES (EXPERIENCED INVESTOR FUNDS) REGULATIONS 2012

(28 February 2014 to date) NATIONAL PAYMENT SYSTEM ACT 78 OF 1998

Commodity Trading (Amendment) Bill

INSURANCE (MOTOR VEHICLES THIRD PARTY RISKS) ACT

The Credit Information Companies (Regulation) Act,

RECOGNITION OF CUSTOMARY MARRIAGES ACT 120 OF 1998

Transcription:

Singapore Statutes Online - 24 - Transboundary Haze Pollution Act 2014 1 of 5 30/09/2014 2:28 PM Transboundary Haze Pollution Act 2014 (No. 24 of 2014) Long Title Enacting Formula Part I PRELIMINARY 1 Short title and commencement 2 Interpretation 3 Participation of entity in management of another entity 4 Extra-territorial application Part II LIABILITY FOR TRANSBOUNDARY HAZE POLLUTION 5 Offences for causing, etc., haze pollution in Singapore 6 Civil liability for causing, etc., haze pollution in Singapore 7 Defences 8 Presumptions Part III ADMINISTRATION 9 Preventive measures notice to prevent, reduce or control haze pollution 10 Power to obtain information 11 Power to examine and secure attendance, etc. 12 Public servants 13 Protection from personal liability 14 Penalty for obstructing Director-General or authorised officer in his duty Part IV MISCELLANEOUS 15 Service of documents, etc. 16 Offences by bodies corporate, etc. 17 Notice to attend court 18 Jurisdiction of court 19 Composition of offences 20 Notices may be given by authorised officer 21 Inaccuracies in documents 22 Evidence 23 Forms 24 Regulations REPUBLIC OF SINGAPORE GOVERNMENT GAZETTE ACTS SUPPLEMENT Published by Authority NO. 28] FRIDAY, SEPTEMBER 26 [2014 The following Act was passed by Parliament on 5th August 2014 and assented to by the

2 of 5 30/09/2014 2:28 PM President on 10th September 2014: TRANSBOUNDARY HAZE POLLUTION ACT 2014 (No. 24 of 2014) I assent. Date of Commencement: 25th September 2014 TONY TAN KENG YAM, President. 10th September 2014. An Act concerning conduct which causes or contributes to haze pollution in Singapore, and to provide for related matters. Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows: Short title and commencement PART I PRELIMINARY 1. This Act may be cited as the Transboundary Haze Pollution Act 2014 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint. Interpretation 2. (1) In this Act, unless the context otherwise requires Agency means the National Environment Agency established under section 3 of the National Environment Agency Act (Cap. 195); air quality index, for any area, means a number that describes, through such periodic recording and methodology as the Agency approves, the presence and movement of pollutants and particles in the air environment outdoors in that area relative to the health, well being, needs and purposes of human beings; authorised officer has the same meaning as in section 2 of the Environmental Protection and Management Act (Cap. 94A); conduct means any act or omission, any series of acts or omissions, or both; conduct which causes or contributes to any haze pollution in Singapore includes lighting fires outdoors for or in connection with any farming operation or forestry operation and leaving unattended such fires; Director-General means the Director-General of Environmental Protection appointed under section 3(1) of the Environmental Protection and Management Act;

Singapore Statutes Online - 24 - Transboundary Haze Pollution Act 2014 3 of 5 30/09/2014 2:28 PM document includes (d) (e) (d) 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; engage in conduct means engage, whether directly or indirectly, in conduct either alone or together with any other person or persons; entity means any sole proprietorship, partnership, corporation or other body of persons, whether corporate or unincorporate; farming operations means activities carried out for the purpose 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 or or both; forestry operations means 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, or or any combination thereof; grave natural disaster or phenomenon means a natural disaster or other natural phenomenon of an exceptional, inevitable and irresistible character, the effects of which could not have been prevented by human action or avoided by the exercise of due care or foresight; haze pollution in Singapore means pollution of the environment in Singapore comprising any poor air quality episode involving smoke from any land or forest fire wholly outside Singapore;

4 of 5 30/09/2014 2:28 PM land or forest fire includes coal seam fire, peat fire or plantation fire; logging operations means the cutting and removal of timber from land for the purpose of timber production; occupier, in relation to any land situated in a foreign State or territory outside Singapore, includes, if there is no person in actual occupation of the land, the person charged by the owner of the land, or by the law of the foreign State or territory, with the management of that land; owner, in relation to any land situated in a foreign State or territory outside Singapore, includes any person 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; pollution means wide-scale direct or indirect alteration of the environment to its detriment or degradation or potential detriment or degradation; or to the detriment or potential detriment of its use or other environmental value; preventive measures notice means a notice issued by the Director General under section 9(1); smoke includes soot, ash, grit and gritty particles emitted in smoke; the environment means 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, and. (2) For the purposes of this Act, a poor air quality episode occurs when 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. (3) Any reference in this Act to a person (the primary person) engaging in conduct that condones the conduct of or by another person (secondary person) which causes or contributes to any haze pollution in Singapore is a reference to 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

5 of 5 30/09/2014 2:28 PM 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. Participation of entity in management of another entity 3. For the purposes of this Act, an entity (referred to in this section as the first entity) participates in the management of another entity (referred to in this section as the second entity) if, and only if the first entity actually participates in the management or operational affairs of the second entity; the first entity exercises decision making control over any business decision by the second entity to engage in conduct or to engage in conduct that condones any conduct by another entity or individual, on any land outside Singapore (being land which is owned or occupied by the second entity), which causes or contributes to any haze pollution in Singapore; or the first entity exercises control at a level comparable to that exercised by a manager of the second entity, such that the first entity assumes or manifests responsibility Extra-territorial application for the overall management of the second entity encompassing the day to day decision making with respect to any business decision to engage in conduct or to engage in conduct that condones any conduct by another entity or individual, on any land outside Singapore (being land owned or occupied by the second entity), which causes or contributes to any haze pollution in Singapore; or for all or a substantial part of the operational functions (as distinguished from financial or administrative functions) of the second entity. 4. This Act shall extend to and in relation to any conduct or thing outside Singapore which causes or contributes to any haze pollution in Singapore.