Singapore's Transboundary Pollution Act: Prospects and Challenges

First published in Khor Reports on 8 March 2014.

Last June saw Singapore battling with its most severe episode of haze yet. During that period, Singapore's Pollutant Standards Index hit the record high of 401. This event ignited a diplomatic row between Indonesia and Singapore, with Dr Vivian Balakrishnan of Singapore's Ministry of the Environment and Water Resources almost immediately accusing Indonesia of not caring about the welfare of its neighbours. It was also around this time that Dr Balakrishnan first revealed plans to table a Transboundary Pollution Act that would provide for criminal and civil liability for any Singaporean or non-Singaporean entity causing or contributing to transboundary haze pollution in Singapore.

The Draft Act

A draft version of the act has now been released, and the Ministry of the Environment and Water Resources is seeking the views of the public on it. The consultation period will last until 19 March 2014, before the act will be reviewed and tabled in Parliament. Dr Balakrishnan hopes to have the act passed within the first half of this year.

The act is unique for its application of extraterritoriality; it covers the operations of all Singapore and non-Singapore entities whose activities outside of Singapore contribute to haze pollution in the city-state. Theact would be the first of its kind for Singapore, as Singapore usually only punishes action overseas for severe crimes such as corruption or sex with minors. It will also be the first of its kind in the region and the world, as there is currently no law in the world that allows a country to prosecute commercial entities in other countries for such offences. Currently, the only way to catch entities based overseas is if somebody in the entity's management position comes to Singapore.

The act makes it a criminal offence should an entity engage in conduct or authorizes any conduct that causes or contributes to haze in Singapore. A penalty of up to SG$300,000 can be imposed, and this may be increased up to SG$450,000 if the entity has deliberately ignored requests by authorities to take appropriate action to prevent, reduce or control the pollution. An individual company officer can also be held personally responsible.