Transboundary Haze Pollution Act 2014
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The Transboundary Haze Pollution Act of 2014 (THPA) is a
statute A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...
of the
Parliament of Singapore The Parliament of Singapore is the unicameralism, unicameral legislature of the Singapore, Republic of Singapore, which governs the country alongside the President of Singapore. Largely based upon the Westminster system, the Parliament is made ...
that criminalizes conduct which causes or contributes to haze pollution in Singapore, and to provide for related matters such as deterrence. The law is designed specifically to allow legal in suing companies for environmental pollution.


Background

Since 1972, Malaysia and Singapore suffered recurrent episodes of severe air pollution due to agricultural burning in Sumatra and Kalimantan, Indonesia. The
ASEAN Agreement on Transboundary Haze Pollution The ASEAN Agreement on Transboundary Haze Pollution is a legally binding environmental agreement signed in 2002 by the member states of the Association of Southeast Asian Nations to reduce haze pollution in Southeast Asia. The Agreement ...
was intended to prevent such pollution. However, as of 2006, Indonesia and the Philippines had not ratified the Agreement. Following a severe occurrence in 2006, economist and professor at the National University of Singapore, Ivan Png, wrote a series of opinion articles in the Malaysian and Singapore media to advocate that environmental laws be extended to outlaw trans-boundary emissions.


Overview

In August 2014, the Parliament of Singapore enacted the Transboundary Haze Pollution Act. The Act seeks to deter firms or entities in or outside Singapore from carrying out activities that contribute to transboundary haze affecting Singapore. The law targets companies, not countries, which pollute and those that condone pollution by other companies or individuals that they have management control over. Failure to prevent or stop burning may hence lead the culprit to being guilty of an offence under the law, unless steps are taken to stamp out the practice. The
National Environment Agency National Environment Agency (NEA) is a statutory board under the Ministry of Sustainability and the Environment of the Government of Singapore. The NEA is responsible for improving and sustaining a clean and green environment in Singapore. ...
with the courts are empowered thus in obtaining information on their concessions upon request without the need of relying on the Indonesian authorities, as well as imprisoning and/or fining targeted companies or individuals which pollute, or whose subsidiaries and/or suppliers pollute.


Uses of the Act

The Transboundary Haze Pollution Act (THPA) has been utilized in several significant ways since its enactment in 2014: Issuance of Legal Notices: In 2015, the National Environment Agency (NEA) of Singapore issued legal notices to six Indonesian businesses suspected of causing fires on their lands, which contributed to the haze pollution in Singapore. These notices were a direct application of the THPA to hold companies accountable for transboundary pollution. Investigation and Enforcement: By March 2017, the NEA had closed investigations into two companies, PT Bumi Sriwijaya Sentosa and PT Wachyuni Mandira, after determining their involvement in the fires. However, investigations into four other companies remained open as of September 2021. These companies, PT Bumi Andalas Permai, PT Bumi Mekar Hijau, PT Sebangun Bumi Andalas Woods Industries, and PT Rimba Hutani Mas, are suppliers to Asia Pulp and Paper. Capacity Building: With the onset of the El Niño in 2015, which exacerbated forest fires in Indonesia, the THPA facilitated the building of local capacity to address these fires in Indonesian provinces such as
Jambi Jambi is a province of Indonesia. It is located on the east coast of central Sumatra Sumatra () is one of the Sunda Islands of western Indonesia. It is the largest island that is fully within Indonesian territory, as well as the list of i ...
and
Riau Riau (Jawi script, Jawi: ) is a Provinces of Indonesia, province of Indonesia. It is located on the central eastern coast of the island of Sumatra, and extends from the eastern slopes of the Barisan Mountains to the Malacca Strait, including s ...
. This capacity building included enhancing the ability to identify and address sources of pollution more effectively. Economic Impact: The haze pollution in 2015 resulted in estimated losses of S$700 million. Environment and Water Resources Minister
Masagos Zulkifli Masagos Zulkifli bin Masagos Mohamad (Jawi alphabet, Jawi: ماسڬوس ذوالكفل; born 16 April 1963) is a Singaporean politician. A member of the People's Action Party (PAP), he has been serving as Ministry of Social and Family Developm ...
highlighted this economic impact, emphasizing the importance of the THPA in mitigating such losses through preventive and punitive measures. Public Health and Safety: The Act has been crucial in addressing public health concerns related to haze pollution. By targeting companies responsible for forest fires, the THPA helps protect the health and safety of Singapore’s residents from the adverse effects of air pollution. International Cooperation: The effectiveness of the THPA also relies on international cooperation, particularly with Indonesian authorities. The Act empowers Singapore to request information and take legal action independently, but collaboration with Indonesia remains vital for comprehensive enforcement. The Transboundary Haze Pollution Act of 2014 continues to be a key legislative tool for Singapore in combating transboundary haze pollution and holding responsible parties accountable.


See also

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Masagos Zulkifli Masagos Zulkifli bin Masagos Mohamad (Jawi alphabet, Jawi: ماسڬوس ذوالكفل; born 16 April 1963) is a Singaporean politician. A member of the People's Action Party (PAP), he has been serving as Ministry of Social and Family Developm ...


References


External links


Transboundary Haze Pollution Act 2014
{{Law of Singapore 2014 in law 2014 in Singapore 2014 in the environment Southeast Asian haze Transboundary environmental issues Singaporean legislation Environmental policy of Singapore