SINGAPORE Law and Practice Contributed by: Joseph Chun, Shook Lin & Bok LLP
5. Environmental Liability 5.1 Key Types of Liability Polluters
5.2 Liability for Historical Environmental Incidents or Damage Current operators and landowners are not criminally liable for historical environmental incidents or damage unless they are directly involved in, or have caused or permitted, the incident or damage. Nevertheless, landowners may be required to reimburse the regula- tor (eg, NEA) for the immediate execution of any work within the scope of the legislation which the regulator considers necessary in the case of an emergency to prevent injury or danger to public health or safety or serious pollution of the environment (eg, under EPMA and EPHA). A landowner seeking planning permission under the PA for a material change of use of land from a pollutive activity to a non-pollutive activity may be required to clean up the historical damage before planning per- mission is granted (see 12.1 Key Laws Governing Contaminated Land ). Operators, occupiers, and landowners may also be liable in tort for environmental damage caused by third parties (see 5.1 Key Types of Liability ). 5.3 Key Defences Environmental offences are generally considered strict liability offences. This means that a lack of intent or fault may not serve as a defence. Instead, a potential defendant can defend themselves by demonstrating that they exercised all due diligence to prevent the prohibited act from occurring. Common defences for tortious liability include acts of God, statutory authority (for nuisance), and contribu- tory negligence (a partial defence for negligence). Due diligence and the act of God may also potentially be defences to administrative liability. 6. Corporate Liability 6.1 Liability for Environmental Damage or Breaches of Environmental Law Offences by Corporate Entities In Singapore, environmental legislation commonly states that if a corporate entity commits an offence,
Polluters may be liable in criminal and civil law for environmental damage and/or breaches of environ- mental law. They could also be liable in tort for environmental damage (see 10.1 Civil Claims ). Operators Operators who are not polluters may be criminally liable for causing or permitting discharges/emissions into environmental media. They could also be liable for environmental damage in tort (see 10.1 Civil Claims ) under vicarious liability (as an employer of a polluter who pollutes in the course of employment) or in negligence if the operator assumed a duty of care not to cause environmental damage (eg, as the parent company of a subsidiary that polluted or caused or permitted pollution). Occupiers Occupiers may be presumed liable in criminal law for breaches of environmental law on their premises unless they can prove that they did not breach or cause or permit the breach of environmental law (eg, EPMA). They may also be liable in tort for environmental dam- age (see 10.1 Civil Claims ). Landowners Landowners who are not polluters, operators, or occu- piers may be liable in tort for environmental damage (see 10.1 Civil Claims ): Contractual Liability Polluters, operators, occupiers, and landowners may also be liable in contract (eg, under a lease or loan agreement) if they are under a contractual duty to ensure no environmental damage takes place (regard- less of how the pollution happened).
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