SINGAPORE Law and Practice Contributed by: Joseph Chun, Shook Lin & Bok LLP
Wastes containing asbestos and PCBs are also hazardous wastes, and a permit under the HWA is required for their export from Singapore, import to Singapore, and transit through Singapore. 15. Waste 15.1 Key Laws and Regulatory Controls The key laws and regulatory controls governing waste in Singapore include: • EPHA – see section 1.1 Environmental Protection Policies, Principles and Laws ; • RSA – see section 1.1 Environmental Protection Policies, Principles and Laws ; and • HWA – see section 1.1 Environmental Protection Policies, Principles and Laws . 15.2 Retention of Environmental Liability Generally, a producer or consignor of waste typically does not retain criminal liability for waste once a third party, such as a licensed waste collector at a licensed disposal facility, has lawfully disposed of it in accord- ance with the EPHA. Where industrial waste has been improperly disposed of at an unauthorised place, the producer or consignor of the waste may be guilty of the following offences: • causing or permitting the disposal (eg, by incor- rect or inadequate information to allow the licensed waste collector to deal with the waste correctly), per EPHA; and • a producer or generator of waste who has caused or permitted the discharge of pollutants into a drain, land, or sewer by a third party may be guilty of an offence and be liable for clean-up measures and clean-up costs under the EPMA and SDA. Even after a third party has properly disposed of toxic industrial waste (“TIW”), the producer of the TIW may also be guilty of an offence of: • failing to prepare a consignment note for the con- signor, the consignee, and NEA; or
• giving inaccurate or inadequate information to allow the licensed TIW collector to deal with the waste correctly under the EPHA. The producer or consignor of waste may, in certain circumstances, continue to be liable in contract or tort to a claimant if a third party improperly disposes of the waste in breach of the producer/consignor’s contract with the claimant or in breach of the producer’s/con- signor’s duty of care to the claimant. Notwithstanding the export of hazardous or other waste to a third party outside Singapore and the sub- sequent disposal of the waste, the exporter may be guilty of an offence of: • exporting the waste without an export permit under the HWA; or • exporting the waste other than in accordance with the permit authorising the export. If NEA determines that the waste poses a significant risk of injury or damage to human beings or the envi- ronment, which requires the waste to be dealt with in a particular way; or Singapore’s international obligations require the waste to be handled in a specific manner, NEA may (under the HWA) order the exporter to deal with the waste in a specified way at the exporter’s expense (including ordering the waste to be imported). 15.3 Circular Economy Requirements In Singapore, there are no specific requirements for producers to design products that can be easily disas- sembled and reassembled for end-of-life collection. Producers of prescribed non-consumer electrical and electronic products are (under the RSA) obligated to take back and properly dispose of these products for recycling once they become waste. Producers of prescribed consumer electrical and electronic products who exceed the specified sales threshold must participate in a producer responsibil- ity scheme. This scheme requires them to take back, recover, and recycle the e-waste generated from these products, in accordance with the requirements of the RSA.
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