SINGAPORE Law and Practice Contributed by: Joseph Chun, Shook Lin & Bok LLP
gas, steam, compressed air and chilled water for air‑conditioning; and (iii) water supply and sewage and waste management, that consume 54 tera- joules of energy derived from one or more types of specified fuel or energy commodities per calendar year; • air service operators that consume 54 terajoules of energy derived from one or more types of specified fuel or energy commodities per calendar year; and • land transport operators and port service operators declared by the Minister to be transport service operators. Energy Use of Buildings Persons having operational control of business facili- ties in the following sectors with annual GHG emis- sions of 2,000 tCO2e or more, must (under the CPA) annually report to NEA their GHG emissions: • the consumption of electricity and other types of energy by users of the building; and • the consumption of chilled water supplied to the cooling system of the building. Water Usage Persons supplied water by PUB that use more than 60,000 m3 of water per year (whether or not supplied by PUB) must annually submit to PUB water usage reports and a water efficiency plan in accordance with the PUA. GHG Emissions Persons having operational control of business facili- ties with annual GHG emissions of 2,000 tCO2e or more, must annually report to NEA their GHG emis- sions (under CPA) if they work in the following sectors: • manufacturing and manufacturing-related services; • supply of electricity, gas, steam, compressed air and chilled water for air‑conditioning; and • water supply, and sewage and waste management. Waste Generation Owners, occupiers, or lessees of workplaces served with a notice by NEA (large hotels, shopping malls, factories, warehouses, convention/exhibition cen- tres) must annually submit to NEA information on the
amount, type and nature of any waste produced in that workplace and a waste reduction plan. Plastic Packaging Producers of packaged products with an annual turn- over of at least SGD10 million who, in the course of carrying on a business, supply the products must: • import the products together with specified pack- aging; • use specified packaging to pack the product; and • use specified packaging to make the product avail- able to consumers, and must annually submit to NEA, a report on specified packaging imported or used and a plan to reduce, re- use or recycle packaging in Singapore (whether or not the packaging is imported or used by the producer). Food Waste Treatment The building manager of a prescribed building (large shopping malls, hotels, food processing establish- ments, and catering establishments) must (under the RSA) submit to NEA annually a report on the amount of food waste: • treated in the prescribed building; and • treated at a licensed waste disposal facility or pub- lic disposal facility. Liability for Non-disclosure or Incomplete Disclosure It is typically an offence to make a statement in a report or plan knowing it to be false or misleading or to falsify data in such a report or plan. It is also typically an offence to fail to submit the req- uisite reports or fail to rectify and re-submit a report considered incomplete or inaccurate as directed by the regulator. Submitting a false or misleading sustainability report may also give rise to civil liability in contract (misrepre- sentation) or in tort (misrepresentation) if a statement of fact in the report is materially false or misleading and induces another person to enter into a contract with the statement-maker in reliance on the statement.
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