SINGAPORE Law and Practice Contributed by: Joseph Chun, Shook Lin & Bok LLP
• the import, export, and transit of hazardous waste (in accordance with HWA); • the carrying on of certain activities potentially harmful to fauna or flora in national parks, nature reserves, and public parks (in accordance with PTA); • the export and import of endangered species of fauna and flora (in accordance with ESA); and • the killing, taking, trapping, keeping, feeding, release, sale, export, and import of wildlife and the setting of wildlife traps (in accordance with WA). Most applications are made online directly by appli- cants through government licensing portals such as the GoBusiness Singapore portal. Appeals from the decisions of regulators to reject applications for permits or subject the issuance of permits to conditions may often be made to the Min- ister in charge of the Ministry whose purview the regu- lator comes under. The Minister’s decision is usually final, and avenues to the court for judicial review are sometimes explicitly excluded. 4.3 Regulators’ Approach to Policy and Enforcement Regulators in Singapore take a comprehensive, whole-of-government approach to environmental policy. They integrate and balance this policy prag- matically with economic and security priorities. Addi- tionally, they coordinate their efforts and resources across various agencies and sectors to achieve syn- ergistic outcomes. Enforcement is conducted in a graduated manner, focusing on industry consultation and capacity build- ing through briefings, advisories, guidance, and other forms of assistance to facilitate compliance in the first instance. Enforcement action is proportionate to the gravity of the breach, with warnings issued for technical or administrative lapses, and prosecution, licence sus- pension/revocation, and/or stop-work orders for seri- ous/repeat breaches. Detection and investigation of offences and subse- quent enforcement are swift to enhance deterrence,
and offenders are sometimes named (and shamed) for added deterrence and to signal a low tolerance for egregious breaches. 4.4 Transferring Permits/Approvals Environmental permits/approvals are generally issued to a named person, entity, or facility, and are not trans- ferable. In some instances, a change in ownership of the named permitted or approved entity or facility may necessitate the regulator’s consent for the permit or approval to remain valid; otherwise, a new permit or approval might be required. 4.5 Consequences of Breaching Permits/ Approvals The breach of an environmental approval/permit in Singapore may, in some cases, be an offence (eg, under the EPMA and EPHA). Where it is an offence to carry out an activity without an environmental approval or permit, conducting an activity differently from what has been approved or permitted, or breaching the conditions of the approval or permit, may be considered as engaging in a differ- ent activity or conducting it in a manner that has not been approved or permitted; therefore, this could also be deemed an offence. Administratively, the breach of an environmental approval/permit may also result in the approval/permit being suspended or revoked, or the issuance of a stop work order or an order to carry out remediation works. Where a security deposit has been required to be pro- vided for a permit (eg, under HWA), the deposit may be forfeited. The breach of conditions of an approval/permit may also jeopardise the success of future applications for similar approvals/permits.
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