Singapore Strengthens Haze Law With Higher Fines

Enhanced Investigation Powers

The amended Transboundary Haze Pollution Act grants the government greater authority to investigate suspected entities. The director-general of environmental protection can now require companies with suspected haze links to appoint expert private-sector assessors at their own expense. These assessors submit reports to the National Environment Agency to help establish relevant facts. Additionally, the director-general may designate errant entities or individuals, imposing restrictions on business dealings including supply of goods, services, loans, and financial support.

New Supply Chain Accountability Measures

The law introduces a notice mechanism placing responsibility on larger entities to ensure their supply chains are free of parties linked to haze-causing activities. Entities placed on notice must take appropriate steps to keep their supply chains clean. Failure to comply without reasonable excuse becomes an offence. This measure complements designation powers by shifting greater responsibility to larger entities regarding their supply chain practices.

Expanded Offences and Enhanced Penalties

The scope of offences under the THPA has been expanded to include “the risk of haze,” allowing authorities to take preventive action even before haze reaches Singapore. Entities must now provide more than one statutory defence, demonstrating they have taken reasonable measures to prevent and fight fires. Penalties have been significantly increased, with entities facing fines of S$1 million per day until situations are resolved, up from S$100,000. The maximum aggregate fine rises from S$2 million to S$20 million, and a civil penalty framework with a maximum of S$10 million has been introduced.