Transboundary haze pollution act 2014 singapore statutes online. Indonesias role in realizing the goals of aseans agreement. Singapores new transboundary haze pollution act how will it help change the region. Haze take legal action against malaysian companies. Fires spread across indonesia as parliament approves haze. In 2014, singapore passed the transboundary haze pollution act to go after companies that started fires or let their concessions burn, and contributed to haze. The thpa, enacted in september 2014 was designed specifically to allow legal action taken against companies in or outside of singapore involved in environmental pollution. Is the transboundary haze pollution act, a toothless act. Essentially, the act makes it an offence for any entity to engage in conduct, or to condone.
The ratification of the treaty, combined with singapores new transboundary haze pollution act, sends a clear and overdue signal that illegal land and forest fires in. The national environment agency said it is monitoring the current haze situation closely, although it has not taken any action against firms under the republics transboundary haze pollution act. As status quo fails, experts moot long arm of law to punish. Download citation the haze crisis in southeast asia. Although such an act is hard to implement, it will show that malaysia is taking more serious steps forward, added helena, a widelycited researcher on transboundary haze. As of september 2014, all ten asean countries have ratified the haze agreement. After several public displays of frustration with aseans lackadaisical efforts, singapore ultimately passed its landmark transboundary haze pollution act in 2014, which empowered its courts to. Aug 07, 2014 singapores new transboundary haze pollution act how will it help change the region. The act is a dramatic piece of legislation that creates extra. In response to dangerously toxic levels of transboundary haze pollution in june 20 and the subsequent public outcry, singapore passed the transboundary haze pollution act 2014 haze act, criminalising the act of causing transboundary haze episodes that reach singapore. In 2014, indonesia finally ratified the asean agreement on transboundary haze pollution after a delay of more than a decade while singapore. Transboundary haze pollution act 2014 singapore statutes.
Singapores transboundary haze pollution act 2014, with its innovative legal devices, is a welcome development in tackling the problem of haze pollution, but its effectiveness in execution depends on political will and bilateral relations. Co15021 singapores transboundary haze pollution act. Singapore statutes online 24 transboundary haze pollution. Overview of asean environment, transboundary haze pollution. Elaborating, hanim said the government could also study singapores transboundary haze pollution act 2014 that criminalise conduct which. More than two years after asia pulp and paper app and its suppliers were served notices for causing the haze episode of 2015, there has been no action against the company or its suppliers. This act may set a precedent for future actions against proximate. However, she said if the act were to be copied in total without any amendment, malaysia would face the same problem in getting the cooperation from the. Earlier this week, indonesias parliament ratified the asean agreement on transboundary haze pollution12 years after first signing the agreement to reduce haze pollution from land and forest fires in southeast asia. The impending dry season in the coming months will be the first test of its effectiveness in curbing transboundary haze pollution. The transboundary haze pollution act 2014 thcp is a statute of the parliament of singapore that criminalizes conduct which causes or contributes to haze pollution in singapore, and to provide for related matters such as deterrence. All companies, based either in singapore or overseas, which are found to have caused haze pollution affecting singapore will be held accountable under this new act.
Proposed transboundary haze act should have extraterritorial. The transbounbdary haze pollution bill 2014 a multilayered legal. The agreement recognises that transboundary haze pollution which result from land andor forest fires should be mitigated through concerted national efforts and international cooperation. Essentially, the act makes it an offence for any entity to engage in. Seeing through the southeast asian haze australian.
The legislation targets commercial entities negligent in their social and. The law is designed specifically to allow legal in suing companies for environmental pollution. The asean agreement on transboundary haze pollution hereinafter. Jun 25, 2016 in 2014, singapore enacted the transboundary haze pollution act, which came into force on sept 25, 2014. Fires spread across indonesia as parliament approves haze treaty. In exercise of the powers conferred by section 24 of the transboundary haze pollution act 2014, the national environment agency, with the approval of the minister for the environment and water resources, hereby makes the following regulations. It is the first regional agreement in the world that legally requires neighbouring states to tackle transboundary haze resulting from forest and peat fires. Washington august 5, 2014 singapores parliament passed the transboundary haze pollution act 2014 which allows regulators to prosecute companies and individuals that cause severe air pollution in singapore by burning forests and peatlands in neighboring countries. Asean agreement on transboundary haze pollution the parties. Pwc, director, global office of the general counsel. This act may be cited as the transboundary haze pollution act 2014 and shall come into operation on such date as the minister may, by notification in the.
The transboundary haze pollution act 2014 thcp is a statute of the parliament of singapore that criminalizes conduct which causes or contributes to haze. The transbounbdary haze pollution bill 2014 a multilayered. Transboundary civil litigation for victims of southeast asian. Agreement on transboundary haze pollution agreement, which entered into force in 2003, attempts to create a framework that will allow parties to reduce transboundary pollution and the associated harm. Nov 10, 2017 the transboundary haze pollution act thpa which was enacted in september 2014 appears to be just a toothless act. An act concerning conduct which causes or contributes to haze pollution in singapore, and to provide for related matters. Sep 21, 2019 hence, the proposed transboundary haze act should also have provisions with a similar concept in order to tackle transboundary haze pollution crime, this is to enable the attorneygenerals chambers to take legal action against any malaysian companies if they or their subsidiaries abroad were found to be involved in causing.
Sep 24, 2019 in 2014, singapore passed the transboundary haze pollution act to go after companies that started fires or let their concessions burn, and contributed to haze that blanketed singapore and other. Transboundary haze pollution air quality regulations 2014 in exercise of the powers conferred by section 24 of the transboundary haze pollution act 2014, the national environment agency, with the approval of the minister for the environment and water resources, hereby makes the. Assessing singaporees transboundary haze pollution act 2014 on 25 september 2014, singapores new transboundary haze pollution act came. What effect will singapores new transboundary haze pollution act have on countries, companies and. Patronage networks and land licensing in indonesias peatlands 20 33 4 wetlands, pp. The act is a dramatic piece of legislation that creates. Prospects and challenges, world scientific book chapters, in. Transboundary haze pollution act thpa is one such domestic legislative measure which imposes both civil and criminal liability on errant companies domiciled or operating overseas but which cause or contribute to haze pollution in singapore. 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.
In 2014, singapore took legal action under its transboundary haze pollution act 2014 that led to massive fines against several indonesian companies blamed for plantation fires. The legislation was first proposed after fires in indonesia spiked in june. Transboundary civil litigation for victims of southeast. It was the last of the ten signatory nations to ratify the pact. Aug 05, 2014 washington august 5, 2014 singapores parliament passed the transboundary haze pollution act 2014 which allows regulators to prosecute companies and individuals that cause severe air pollution in singapore by burning forests and peatlands in neighboring countries. The following act was passed by parliament on 5th august 2014 and assented to by the president on 10th september 2014. Washington august 5, 2014 singapores parliament passed the transboundary haze pollution act. Sep 18, 2014 the ratification of the treaty, combined with singapores new transboundary haze pollution act, sends a clear and overdue signal that illegal land and forest fires in indonesia, and the resulting regional haze pollution, will no longer be tolerated. Elaborating, hanim said the government could also study singapores transboundary haze pollution act 2014 that criminalise conduct which causes or contributes to haze pollution in the country. Reducing indonesias transboundary haze pollution a new. In response to dangerously toxic levels of thp in june 20, and acting on public outcry, the singaporean parliament passed the transboundary haze pollution act 2014 haze act to criminalise persons thought to be guilty of causing thp episodes that reach singapore. Directorgeneral means the directorgeneral of environmental protection appointed under section 31. The transboundary haze pollution act thpa which was enacted in september 2014 appears to be just a toothless act. Seasonal haze is back, its time for transboundary haze.
As status quo fails, experts moot long arm of law to. Singapores transboundary haze pollution act came into effect on 25 september 2014. It is time for the government to enact the transboundary haze pollution act to curb the negative externalities created by these companies adopting open burning practices, he said. Chong and chen suggest singapores legislation targets commercial entities.
Impact and consequences 2014 the act was passed on 5 august 2014. The agreement recognises that transboundary haze pollution which result from land andor forest fires should be mitigated through concerted national efforts and. Transboundary haze pollution air quality regulations 2014. Asean agreement on transboundary haze pollution wikipedia.
On 25 september 2014, singapores new transboundary haze pollution act came into operation. Thpa is both the centrepiece of asean efforts to combat haze and at the core of the haze regime. Companies responsible for haze to be penalised when entering. Broadly, the under section 22 of the act, parties may be liable under haze level passes a threshold of pollutant standards index impacts and consequences.
Transboundary haze pollution air quality regulations. Notably, section 9 of the thpa extends the abovementioned precautionary. The legislation was first proposed after fires in indonesia spiked in june 20, engulfing singapore in haze. Singapore management university institutional knowledge at. Time to have punitive law on transboundary pollution. The transboundary haze pollution act comes into effect today, following the passing of the bill in parliament on 5 august 2014. When the transboundary haze pollution originates from within their territories, respond promptly to a request for relevant information or consultations sought by a state or states that are or may be affected by such transboundary haze pollution, with a view to minimising the consequences of the transboundary haze pollution. More than two years after asia pulp and paper app and its suppliers were served notices for causing the haze episode of 2015, there has been no. Sovereignty, jurisdiction and international law, opinion. Companies responsible for haze to be penalised when. More than two years after asia pulp and paper app and its suppliers were served notices for causing the haze episode of 2015, there has been no action against the company or.
After several public displays of frustration with aseans lackadaisical efforts, singapore ultimately passed its landmark transboundary haze pollution act in 2014, which empowered its courts to prosecute any party even nonsingaporean found to have caused haze in singapore. The transbounbdary haze pollution bill 2014 a multi. Extraterritorial application part ii liability for transboundary haze pollution 5. Three companies with offices in singapore linked to forest. In 2014, singapore enacted the transboundary haze pollution act, which came into force on sept 25, 2014. Sep 14, 2019 in 2014, singapore took legal action under its transboundary haze pollution act 2014 that led to massive fines against several indonesian companies blamed for plantation fires. Th he haze t e crisis transbo in south oundary heast a. This act may be cited as the transboundary haze pollution act 2014 and shall come into operation on such date as the minister may, by notification in the gazette, appoint. The act is a dramatic piece of legislation that creates extraterritorial liability for entities engaging in setting fires abroad that cause transboundary smoke or haze pollution in singapore.
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