SINGAPORE Law and Practice Contributed by: Joseph Chun, Shook Lin & Bok LLP
12. Contaminated Land 12.1 Key Laws Governing Contaminated Land There are currently no specific laws governing con- taminated land in Singapore. However, NEA has the authority to create regulations aimed at controlling land pollution, subject to the approval of the Minister, in accordance with the EPMA. Under the EPMA, permission from NEA is required before discharging or allowing the discharge of pollut- ants into any drain, including watercourses. NEA may also mandate individuals responsible for discharging pollutants into drains or onto land to remove or clean up the pollution. In emergencies, NEA is allowed to take immediate action to address the issue and prevent injury or dan- ger to public health, as well as to mitigate serious environmental pollution. After addressing the emer- gency, NEA can, under the EPMA, seek reimburse- ment from the responsible polluter or landowner for the cost of its measures. Planning permission under the PA is also required for any building or engineering works on land or a mate- rial change of use of the land. Where contaminated land used for polluting activities is proposed to be put to a non-polluting use, such as a commercial or resi- dential development, URA may require the landowner to remediate the land adequately before granting plan- ning permission. Administratively, under the Code of Practice on Pol- lution Control (2000 Edition (with amendments in February 2001, June 2002 and February 2004)), a non-statutory guidance published by the Ministry of the Environment (now MSE), when a site that is used for pollutive activities (as specified in the Code) is to be re-developed, re-zoned or re-used for a non- pollutive activity, a study must be conducted on the site to assess the extent of land contamination. If the study reveals that the site is contaminated, it must be cleaned up to standards acceptable for its intended use. A non-exhaustive list of standards and technical guidelines (comprising various Dutch, American, and
New Zealand standards and guidelines) is set out in the Code for reference. Where industrial land is leased from JTC, a statutory agency responsible for developing industrial infra- structure in Singapore, by a tenant for a short term tenancy (three years + three-year option) for pollu- tive activities (as specified by JTC), or by a lessee for a long term lease of 7 years or more, JTC requires the tenant/lessee to conduct an environmental site assessment at the commencement of the tenancy/ lease, and at the time of exit from the site (eg, via termination or any transfer/assignment). Unless the tenancy/lease provides otherwise, the tenant or les- see (as the case may be) must restore the land to its pre-tenancy/lease commencement levels or to the prevailing Dutch Intervention Values (whichever is the less stringent). 12.2 Clearing Contaminated Land See 12.1 Key Laws Governing Contaminated Land . In Singapore, responsibility for clearing up contami- nated land may be placed on the polluter. The pol- luter’s responsibility may be delegated to another party by contract, but this does not bind NEA or affect NEA’s power to require the polluter to take measures to remove or clean up the contamination. In an emergency, NEA may proceed with the clean-up and seek reimbursement from the polluter or land- owner, per EPMA. Where the landowner seeks planning permission to carry out building or engineering works or materi- ally change the use of land, and it is determined that the land must be remediated, the landowner may be responsible for cleaning up the land to the satisfaction of URA before planning permission is granted under the PA (see 12.1 Key Laws Governing Contaminated Land). 12.3 Determining Liability Where more than one party has contributed to land contamination through discharging or causing or per- mitting the discharge of pollutants into the ground, NEA may under the EPMA direct any one or more of
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