Climate1 min read

Commentary: Singapore’s haze law gets sharper teeth. Will it finally bite?

By · Published by Everything Blog

In short

The Transboundary Haze Pollution Act now establishes that an offence occurs if an entity overseas causes a fire creating a risk of haze, with that risk inferred if smoke heads toward Singapore. To secure evidence, the National Environment Agency can compel firms to fund independent assessment panels to inspect land and review concession maps. Additionally, Singapore has already served formal notices to 20 companies and summoned executives from 10 of them. The updated framework also introduces civil penalties and permits trials in absentia for uncooperative targets.

Key points

  • No entity had ever been prosecuted or sued under the Transboundary Haze Pollution Act sin…: No entity had ever been prosecuted or sued under the Transboundary Haze Pollution Act since its initial introduction in 2014.
  • Companies can no longer avoid cross-border compliance by citing business confidentiality…: Companies can no longer avoid cross-border compliance by citing business confidentiality or the legal privilege against self-incrimination.
  • Courts now hold the statutory authority to conduct trials in absentia and confiscate any…: Courts now hold the statutory authority to conduct trials in absentia and confiscate any financial gains achieved through illicit burning.

Sources checked by our analysis pipeline: 1

Previously, Singapore could act only after its skyline had faded. Now it has the power to do more before the haze arrives, says NUS law researcher Sean D Tseng.

SINGAPORE: Even as the skies clear, Singapore is turning up the heat after the worst haze episode in more than a decade.

For most of its existence, the Transboundary Haze Pollution Act (THPA) has remained untested. Since it was enacted in 2014, no one has ever been prosecuted or sued under it. That may change with the conviction demonstrated by the government to act over the last few weeks.

In this short time, Singapore has served notices under the THPA on 20 companies, summoned the leaders of 10 of them to meet three Cabinet ministers, appointed a specialist investigations panel and agreed on a joint task force with Indonesia. Perhaps most significantly, it put forward extensive amendments to the THPA, which passed in parliament on Wednesday (Nov 4).

The amendments do not merely sharpen the Act’s teeth; it changes its fundamental character. A law built around proving offences after the fact…

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