SINGAPORE Law and Practice Contributed by: Joseph Chun, Shook Lin & Bok LLP
Sea • Singapore’s territorial waters are protected from pollution through the prohibition of the discharge of pollutants into the sea from land or from ships, as outlined in the PPSA, administered by the MPA. Fauna and Flora, Natural Habitats and Landscapes • The WA regulates the killing, trapping, taking, keeping, feeding, release and sale of wildlife. • The export and import of animals and plants is regulated through licensing under the Animals and Birds Act, WA, and ESA, administered by NParks. • Fauna and flora within designated natural habitats on land and in the sea and seabed are protected through the regulation of activities within these areas under the PTA, administered by NParks. • The development of land and material changes of use of land, including natural habitats and landscapes, as well as land near these areas, are regulated through development control under the PA, administered by URA. 3.2 Breaching Protections The potential consequences of breaching environ- mental protection laws, depending on the nature and seriousness of the breach, include: • criminal prosecutions, which may result in impris- onment and/or fines (including continuing fines for continuing breaches); • administrative sanctions, such as stop work orders, and directives to implement measures to prevent pollution, mandates to clean up discharges or pol- lution, and orders to pay for clean-up costs, as well as the revocation of permits and licenses; • offers of composition (payment of a sum of money) in lieu of prosecutions without admission of guilt; and • warnings/advisories on compliance. 4. Environmental Incidents and Permits 4.1 Investigative and Access Powers To investigate environmental incidents and breaches of environmental law or permits, regulatory authorities have wide-ranging investigative and access powers, including:
• entering premises at any reasonable time to check compliance with environmental law or permit con- ditions; • stopping, boarding, and inspecting ships, vehicles, or aircraft suspected of carrying hazardous waste illegally; • taking air, water, effluent, and soil samples for analysis; • conducting on-site measurements of emissions or discharges; • demanding production of books, documents, or records; • accessing and seizing electronic records; • requiring persons on-site to provide information • seizing machinery, containers, vehicles, substanc- es, or specimens used in the commission of an offence; and • entering premises to contain threats of urgent and serious environmental pollution. 4.2 Environmental Permits/Approvals Circumstances in which environmental permits are required in Singapore include: • the development of land and material change of use of land (in accordance with PA); relevant to investigations; • taking signed statements; • the use of premises for certain purposes, such as: (i) cement works; (ii) concrete works; (iii) asphalt works; (iv) ceramic works; (v) chemical works; (vi) coke or charcoal works; (vii) metal works; (viii) gas works; (ix) crushing, grinding, and milling works; (x) petroleum works; (xi) scrap metal recovery works; (xii) primary metallurgical works; (xiii) pulping works; and (xiv) abrasive blasting works (in accord- ance with EPMA); • the operation or import of incinerators, boilers, and other polluting equipment such as off-road diesel engines (in accordance with EPMA); • the discharge of wastewater into any drain or land (in accordance with EPMA); • the import, storage, sale, transport, or use of HS (in accordance with EPMA); • the collection of waste (in accordance with EPMA); • the construction, establishment, or operation of a waste disposal facility (in accordance with EPHA);
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