Singapore Proposes Higher Fines For Haze Pollution

Strengthening Haze Pollution Laws

Singapore is proposing significant amendments to the Transboundary Haze Pollution Act (THPA) to increase the penalties for companies that cause or contribute to overseas land or forest fires that pose a risk of haze pollution. Minister for Sustainability and the Environment Grace Fu outlined these changes in Parliament on November 4, highlighting a substantial increase in financial consequences for errant entities to ensure stronger accountability.

Under the proposed changes, the maximum fine for the main offence would rise from S$2 million to S$20 million. This represents a tenfold increase intended to provide a more meaningful deterrent against environmental negligence. Additionally, the maximum daily fine for the main offence is proposed to increase tenfold, moving from S$100,000 to S$1 million, with a total cap of S$20 million. These adjustments were carefully calibrated based on existing legislation and the financial scale of the companies typically involved in such activities, ensuring that the penalties are proportionate to the corporate entities’ capabilities.

New Enforcement Mechanisms And Civil Penalties

The proposed amendments introduce a new civil penalty framework to enhance the government’s ability to act. This would allow the National Environment Agency (NEA), with the consent of the Public Prosecutor, to seek penalties of up to S$10 million through civil court proceedings. This framework serves as a strategic alternative to criminal prosecution, providing the NEA with greater flexibility when dealing with contraventions or entities that attempt to hide from or avoid criminal jurisdiction. It is important to note that entities cannot face both civil and criminal penalties for the same case, maintaining legal fairness.

Beyond the standard fines, the amendments would enable courts to impose additional penalties on convicted entities. These penalties would be based on the specific profits gained or the losses avoided as a result of committing the offence. Other penalties under the Act are also expected to increase proportionately to maintain consistency across the legal framework and ensure that no financial incentive remains for causing pollution.

To improve the gathering of evidence and the verification of information, the Director-General of Environmental Protection will be empowered to require entities suspected of links to haze pollution to appoint independent assessors. These assessors would be appointed at the expense of the entity under investigation, ensuring that the cost of verification does not fall on the state while allowing authorities to trace complex corporate relationships more effectively.

Shifting Toward Preventive Action

A key objective of the legislative update is to allow authorities to intervene earlier, before haze pollution actually reaches Singapore. The amendments expand the scope of the Act to cover conduct that contributes to overseas fires posing a risk of haze, even if the pollution has not yet crossed the border. This shift allows for preventive action based on risk assessments rather than reacting only after the air quality has deteriorated.

The NEA will assess these risks by analyzing several critical factors, including the distance of the fires from Singapore, the duration and extent of the burning, and prevailing weather and wind conditions. By identifying risks early, the government aims to mitigate the impact of haze episodes before they affect public health and the environment.

These proposed changes follow a severe haze episode that occurred between September and October 2026, which remains under investigation. Minister Fu emphasized that the authorities require better tools to trace complex corporate relationships and verify information, especially in cases where criminal prosecution is difficult to achieve. By strengthening the THPA, the government seeks to address existing enforcement challenges and ensure that companies operating overseas are held accountable for environmental damage that impacts Singapore.