Singapore Strengthens Transboundary Haze Pollution Act

Enhanced Legal Framework For Haze Control

Singapore has passed significant amendments to the Transboundary Haze Pollution Act (THPA) to better combat air pollution. These changes were fast-tracked through Parliament after receiving a Certificate of Urgency, allowing the Bill to be passed in a single sitting following a six-hour debate involving 24 Members of Parliament from both sides of the aisle. The legislative push followed a period of severe air quality in September and October, where the 24-hour Pollutant Standards Index reached “very unhealthy” levels, crossing the 200 mark at one point. This represented the worst air quality the city-state had faced since 2015.

The updated legislation provides the government with expanded tools to identify and penalize entities responsible for forest fires that contribute to haze. One of the most prominent changes is the dramatic increase in financial penalties to create a stronger deterrent effect. The maximum aggregate fine for entities found guilty of causing or contributing to haze has been raised ten times, from S$2 million to S$20 million. Additionally, the daily fine for ongoing violations has increased from S$100,000 to S$1 million until the situation is resolved. To further ensure that pollution does not remain profitable, courts can now assess and impose additional penalties based on any profit gained or loss avoided by the offending entity.

New Enforcement And Investigative Tools

The amended law introduces several mechanisms to penetrate complex corporate structures and arrangements. The director-general of environmental protection can now require suspected entities to appoint expert private-sector assessors at their own expense. The director-general specifies the assessors and the terms of the assessment, and these experts submit evaluation reports directly to the National Environment Agency to establish relevant facts. Minister for Sustainability and the Environment Grace Fu noted that such directions are meant to establish facts and do not necessarily mean an entity is suspected of an offence.

Furthermore, the government now has the authority to designate errant individuals or entities and impose orders restricting business dealings with them. These restrictions may include the supply or purchase of goods and services, as well as the provision of loans and other financial support. Those who continue to deal with designated parties face fines of up to S$1 million per contravention, with an additional fine of up to S$100,000 for each day the breach continues. This lever is designed to create real commercial consequences and incentivize compliance without waiting for a criminal conviction.

To address supply chain accountability, the government can now put larger entities on notice, directing them to ensure their business arrangements are free from parties linked to haze-causing activities. Failure to comply without a reasonable excuse will be treated as an offence. This measure ensures that companies do not turn a blind eye to irresponsible forestry and agriculture practices within their networks, though officials stated these powers will be exercised in a measured and targeted manner.

Expanded Legal Reach And Procedural Changes

The legislation also enhances existing powers to remove procedural obstacles that have constrained investigations. Documents can now be served electronically via the news media or official websites, rather than only in person, which helps in initiating formal processes involving foreign entities. Crucially, authorized officers now possess the power to arrest, and criminal trials can proceed even if the accused person is absent. These measures prevent entities from frustrating enforcement by remaining outside the country or avoiding contact.

The scope of what constitutes an offence has been broadened to include the “risk of haze.” This allows the government to take preventive action if overseas activities pose a credible risk to air quality, even if the haze has not yet reached the city-state. However, officials clarified that they do not intend to direct powers at every fire in the region, focusing only on those with a credible risk.

Finally, the statutory defences available to entities have been recalibrated. Entities can no longer rely on a single defence; they must provide more than one of the three afforded defences.