Environmental Pollution Laws in Singapore

Lye Lin Heng
Deputy Director, Asia-Pacific Centre for Environmental Law (APCEL)
Law Faculty, National University of Singapore

This paper is adapted and updated from the author’s article “Singapore,” in Environmental Law & Enforcement in the Asia-Pacific Rim (Terri Mottershead, ed., Sweet & Maxwell (2002)), p. 395-434.

Introduction

Singapore is a tiny city-state 137 km north of the Equator, at the tip of the Peninsula of Malaya, strategically located at the cross-roads of Southeast Asia. A tropical island of only 682.7 square kilometres, it has a population of 4.13 million. This makes it one of the most densely populated nations in the world, with a population density of 6,050 persons per square km. Almost 50 percent (49.2 percent) of the land area is used for residential, commercial and industrial purposes. Only 1 percent is used for agriculture. The remaining land consists of nature reserves, gardens, open spaces, non-built up areas reserved for military training and unused land. In the space of forty years, from the time of self-government in 1959, Singapore has transformed from a poor Crown colony with polluted river basins and squatter colonies to a thriving metropolis with the second highest GDP in Asia after Japan. It has a broad industrial base that is dominated by electronics, chemicals and chemical products, and refined petroleum products. It has excellent transportation and telecommunication networks and is an efficient international business center, positioning itself as the region’s financial and high-tech hub. Its highly successful public housing system houses 86 percent of the population in high-rise apartments that are purchased on 99-year leases, facilitated through a compulsory savings scheme, the Central Provident Fund. The island is well served by public transport services including a modern and highly efficient mass rapid transit system as well as a light railway system.

All this has been achieved through an efficient administrative and legal system, a “clean” government, effective land-use planning and investments in a comprehensive environmental infrastructure.

Despite its rapid industrialization and high population density, Singapore has managed to keep its environment clean and green, with air and water pollution levels well within the standards for healthy living set by the World Health Organization (WHO) and the United States Environmental Protection Authority (USEPA).

This is due to an effective system of environmental management involving the following factors:

• an effective and efficient institutional and administrative framework;
• sound land use planning;
• effective environmental laws;
• sound environmental infrastructure;and
• a clean and honest government that has been in power since 1959, thus ensuring the continuity of policies.

This paper examines the key laws in Singapore that protect the environment from pollution. It focuses on the laws that relate primarily to land-based pollution, particularly the pollution of air, water and land, noise and the control of hazardous substances. In relation to air pollution, this paper only focuses on outdoor air pollution from industrial and vehicular sources. The laws relating to indoor air pollution in factories and offices, and the laws prohibiting smoking, are excluded.

Two main statutes control land-based pollution in Singapore. The Environmental Pollution Control Act (EPCA) controls air, water, noise, land contamination and hazardous substances. It came into operation on April 1, 1999, and is the consolidation of various laws including the Clean Air Act and the Water Pollution Control and Drainage Act. The Environmental Public Health Act controls waste including toxic, domestic and industrial waste.

It should be noted at the outset that Singapore was a Crown colony until 1959 when she attained self government. After a short-lived alliance with Malaysia, she emerged a city state on Aug. 9, 1965. As a former Crown colony, she embraced English common and statutory law as it stood in 1826, subject to local conditions. (The Second Charter of Justice, 1826). In 1994, with the passing of the Application of English Law Act, only English statutes as specified, relating to commercial law continue to apply in Singapore. Appeals to the Privy Council were abolished. The Act also specified that the common law and equity, so far as it was part of the law of Singapore immediately before the commencement of the Act, would continue to be part of Singapore law, as long as it was applicable to the circumstances of Singapore and subject to such modifications as local circumstances might require. Thus, the common law still applies in areas such as tort and contract law, and English cases on the common law continue to be highly persuasive. In the field of pollution laws, actions in tort for nuisance, negligence, trespass and the rule in Rylands v. Fletcher continue to be applicable. While English case law is viewed by the Singapore judiciary as highly persuasive, it does not represent binding precedent.

The judiciary comprises the Supreme Court (composed of the High Court and the Court of Appeal), and the Subordinate Courts (comprising District Courts, Magistrate’s Courts, Family Courts, Juvenile Courts and Coroner’s Courts). Jurisdiction for the different courts vary depending, in civil cases, on the amount of the claim, and in criminal cases, on the maximum sentence for the particular offense. The chief justice and the other judges of the Supreme Court are appointed by the president.

The statutory laws that apply comprise Acts of Parliament (primary legislation) and regulations, rules, orders and notifications (subsidiary legislation). Primary laws are first introduced as bills (i.e., a statute in draft form) by the relevant minister in Parliament. It goes through three readings before being put to the vote. After being passed by Parliament, the bills must receive the president’s assent, whereupon they become law on the date prescribed. Subsidiary legislation is passed according to the procedure spelt out in the parent Act. Generally these provide that the minister may make rules and regulations by publication in the Government Gazette.

The Ministry of the Environment (ENV) is responsible for enforcing the environmental pollution laws. On July 1, 2002, the National Environment Agency (NEA) was formed under ENV to focus on the implementation of environmental policies. The NEA is headed by a chief executive officer (CEO), and is comprised of five divisions: Environmental Protection, Environmental Public Health, Corporate Services, Meteorological Services and Human Resources. Under the Environmental Protection Division comes the Pollution Control Department, which is responsible for enforcing the Environmental Pollution Control Act (EPCA) and its subsidiary laws. The Environmental Public Health Division administers the laws relating to public health, which includes the laws relating to waste, contained in the Environmental Public Health Act (EPHA) and its subsidiary legislation.

Air Pollution

Sources of air pollution in Singapore can be grouped into 3 categories :

(1) stationary sources, such as power stations, oil refineries and industries;
(2) mobile sources, such as motor vehicles; and
(3) other sources, such as the burning of waste and transboundary air pollution.

The EPCA controls air pollution from stationary sources, mobile sources and the burning of wastes.

Emissions from Stationary Sources

The Clean Air (Standards) Regulations prescribed emission standards as from the 1970s, and these standards continued to apply even after the passing of the EPCA in 1999. Only on Jan. 1, 2001 did new air emission standards prescribed by the EPC (Air Impurities) Regulations (S 595/00) come into force. These new standards can be found in ENV’s press release – see http://app10.internet.gov.sg/scripts/nea/cms/htdocs/article.asp?pid=1529. These new standards were finalized after feedback from industries. Existing industries are given a grace period of three years to ensure compliance with the revised standards. Longer grace periods may be granted on a case by case basis, but the Director of Pollution Control may require compliance with emission standards for existing industries during the grace period.

The new Air Impurities Regulations prohibits the emission of dark smoke from chimneys (defined as dark or darker than shade No. 1 on the Ringlemann Chart). Emissions of air impurities must conform to the emission standards prescribed in these Regulations. These specify the standards for gaseous emissions as well as for solid particles. Dioxins and furans are now included in these Standards. Particulate emissions may be averaged over the various emission points in a particular site.

The director-general, Environmental Protection Department I, has wide powers where emissions are not within prescribed limits. He is empowered to require that certain equipment be installed or altered, specify the type of fuel, the height of chimneys, etc. The occupier must keep proper records, carry out tests on emissions if required, keep all equipment properly maintained, allow ready access to and cooperate with inspectors. Regular inspections are conducted by ENV to ensure that pollution control equipment is properly maintained and the emission standards are observed. Tests are conducted on gaseous emissions, fuel analysis and smoke observations. All complaints are investigated.

Since January 1997, the Pollution Control Department has implemented a Source Emission Test Scheme for industries. Under this Scheme, industries are required to conduct source emission tests on their own or engage accredited consultants to do so on their behalf. This would help facilitate the regular monitoring of air emissions by industries, and ensure that they take measures to ensure compliance with emission standards.

The type of fuel that may be used is also controlled. Industries located in designated industrial estates must use fuel oil containing not more than 2 percent sulphur by weight. Cleaner fuel is required for industries located nearer residential areas. Operators of industrial boilers with a steam generating capacity of 2,500 kg/h or more, must monitor their smoke emissions via smoke density meters installed in chimneys.

Highly Pollutive Premises

A special license is required for premises that have the potential to cause serious air pollution or store large quantities of hazardous substances. These premises are designated as “Scheduled Premises” and are sited in designated industrial sites, sufficiently far away from residential areas. They fall into 3 categories :

(i) Premises engaged in highly pollutive industrial activities (14 activities are listed – cement works, concrete works, asphalt works, ceramic works, chemical works, coke or charcoal works, ferrous and non-ferrous metal works, gas works, crushing grinding and milling works, petroleum works, scrap metal recovery works, primary metallurgical works, pulping works and abrasive blasting works;
(ii) premises that use high capacity polluting equipment, such as boilers/steam generators, large incinerators or furnaces; and
(iii) premises that store large quantities of highly toxic or highly flammable chemicals, chemical products, hydrocarbons or hydrocarbon products.

Applications for such licenses must give details of the type of industry or manufacturing process and the methods to control air pollution. The license may be granted subject to various conditions such as the installation or alteration of certain plant or equipment, alteration of methods or processes, erection or alteration of chimney heights, and/or the use of cleaner fuel. Alterations thereafter require permission.

Offenses

Offenses include occupying or using scheduled premises without a license, failing to maintain any fuel burning equipment or any air pollution equipment, and allowing the emission of dark smoke from a chimney. The penalties range from a fine of up to S$20,000and, if the offense is continuing, a daily maximum fine of S$1,000 for a first conviction, to a fine not exceeding S$50,000 and a daily fine of S$2,000 for a second or subsequent offense.

The court may, in addition to such fine, order the person to pay for any expenses incurred in the execution of any work. Offenses may be compounded by the director of Pollution Control accepting a sum not exceeding S$5,000 from the person reasonably suspected of having committed the offense. Offenses are brought before the District or the Magistrates’ courts. Prosecutions are instituted by officers from ENV.

Liability falls on the owner or occupier of the industrial or trade premises. Where the owner or occupier is a body corporate, liability can be extended to its officers.

Emissions from Vehicular Sources

The new EPCA empowers ENV to prescribe emission standards from any source of air pollution “including motor vehicles.”. Emission standards for vehicles are prescribed by the Environmental Pollution Control (Vehicular Emissions) Regulations, with effect from July 1, 1999. These standards were revised in 2000. These new Regulations prescribe new standards for exhaust and noise emissions for various categories of vehicles, including motor vehicles, diesel vehicles, motor cycles and scooters. There is a general prohibition on the emission of any visible smoke or vapor from any motor vehicle, whether petrol or diesel driven, when in use. All new gasoline driven motor vehicles must be capable of running on unleaded gasoline. A certificate from the vehicle’s manufacturer shall be accepted as prima facie evidence that a vehicle registered after July 1, 1999 conforms to the prescribed standard.

There are special provisions for the owner of a motor vehicle fleets. Such owners are defined to mean a person who is the owner or who has under his control or possession three or more public service vehicles (other than trishaws) for the purposes of his trade or business generally, or as a manufacturer or dealer of motor vehicles, or for the transporting of goods or cargo. The director of Pollution Control may require such persons to carry out various measures to ensure that every vehicle conforms to the prescribed standards, including the carrying out of regular servicing and repair, and the keeping of full and accurate records of such servicing and repair.

Fuel quality is also controlled. Unleaded gasoline was introduced in January 1991. Leaded gasoline was completely phased out as of July 1, 1998. In the case of diesel, the sulphur content in automotive diesel was lowered from 0.3 percent to 0.05 percent from March 1, 1999, to enable ENV to set stricter emission standards that will require diesel-driven vehicles to be fitted with catalytic converters or particulate traps. The EPCA specifically empowers ENV to prescribe emission standards from any source of air pollution “including motor vehicles.” (Third Schedule, paragraph 4).

Since Jan. 1, 2001, all gasoline and diesel driven vehicles must conform to the EURO II exhaust emission standard as specified in the European Directive 96/69/EC for passenger cars and light duty vehicles (maximum laded weight 3,500 kg or less); and 91/542/EEC Stage II for heavy vehicles exceeding 3,500 kg, failing which they cannot be registered for use in Singapore. To comply with the emission standards, all gasoline-driven vehicles are equipped with 3-way catalytic converters.

Since Oct. 1, 1991, all motorcycles or scooters must comply with U.S. 40 CFR 86.410.80 Emission Standard before they can be registered in Singapore.

Off-road diesel engines are required (since Aug. 1, 2000) to comply with either Japan, U.S. or EU off-road diesel exhaust emission standards. Any equipment or machinery with diesel engines as the main or auxiliary prime mover and not registered with the Land Transport Authority for use on public roads must have a permit prior to its importation into Singapore.

The penalty for a breach of any of these regulations is a fine not exceeding S$2,000. In the case of a second or subsequent offense, the fine shall not exceed S$5,000. Prosecutions are instituted by officers from ENV. ENV works closely with the Land Transport Authority and the Traffic Police to control vehicular pollution.

Vehicles are constantly monitored for road worthiness. Cars more than three years old must undergo compulsory inspections at special inspection centers where they are checked for road worthiness and tested for exhaust emissions. Cars that exceed the emission standards are given a short time for remediation, failing which they will not be able to obtain a renewal of the road tax and will therefore not be allowed on the roads. Diesel-driven vehicles are required to undergo mandatory inspections every six months where they are required to pass the smoke emission test. A new smoke test (the chassis dynamometer smoke test (CDST)) was implemented in September 2000 for diesel vehicles.

Since January 2001, rebates have been given for the registration and use of electric and hybrid cars, to encourage their use to minimize pollution. These rebates are aimed at lowering their costs so as to encourage motorists to purchase these vehicles instead of the conventional gasoline-powered cars.

Emissions from Other Sources

The open burning of trade and industrial refuse such as construction wastes is prohibited under the Environmental Pollution Control (Prohibition on the Use of Open Fires) Regulations, 1999. The only open fires allowed in trade and industrial premises are those for fire fighting practices or for the disposal of tail gases from industrial plants. Factories that emit odorous smells are required to install odor control equipment. There are also restrictions on the burning of joss sticks or candles that exceed a certain height or diameter.

Transboundary Pollution

A major source of air pollution in Singapore comes from the large-scale burning of forests in Indonesia. This is being resolved at the regional level, through various action plans involving the three ASEAN nations of Singapore, Malaysia and Indonesia. These do not appear to be particularly effective, the reason being the culture of “musyawarah” or “consensus seeking” and non-interference or reticence – the various members of ASEAN are reluctant to take Indonesia to task openly, preferring instead a softer, more congenial approach.

Water Pollution

As a city state, the main areas for water pollution control in Singapore are domestic wastewater, sewage and sullage, and industrial effluent. Pollution may also come from solid wastes, if not properly disposed of.

Inland waters are classified into two categories: controlled watercourses and uncontrolled watercourses. Controlled watercourses are those from which water is taken and treated for potable use. Water catchment areas are those catchment areas for controlled watercourses.

Water pollution is controlled in Singapore firstly by the provision of a comprehensive sewerage infrastructure and solid waste management system so as to prevent pollution at source; secondly by requiring industries to pre-treat their trade effluent to prescribed standards before discharge into the sewerage system; thirdly by careful siting of industries that use or store large quantities of chemicals away from water catchment areas and fourthly by regular monitoring of water quality in rivers, streams and reservoirs.

All waste water is now collected and treated before discharge. The sewerage system presently serves all industrial estates and 97 percent of residential premises in Singapore. The remaining 3 percent of residential premises are served by on-site sewage treatment plants. Treated effluent from 6 sewage treatment works is discharged into the sea or river mouths. Energy in the form of biogas is recovered at all treatment works. Some effluent is further treated for use as industrial water to conserve potable water. Stabilized sludge is used as a soil conditioner for tree planting and turfing works.

Water pollution control is governed by the Environmental Pollution Control Act, Part V (Sections 15-19), and the Environmental Pollution (Trade Effluent) Regulations, as well as the Sewerage and Drainage Act and the Sewerage and Drainage (Trade Effluent) Regulations.

All trade effluent must be treated in the prescribed manner before being discharged into the drains or sewers. Discharge into water catchment areas is strictly prohibited. Industries which exceed the limits prescribed must install pre-treatment plants prior to the commissioning of the factories.

The EPC (Trade Effluent) Regulations 1999 and the Sewerage and Drainage (Trade Effluent) Regulations prohibit the discharge of all trade effluent without the permission of the director of Pollution Control. All industries must apply for permission to discharge, giving details of the trade or business, the processes or operations, the materials and chemicals used, layout of all the machinery, plant and equipment, estimate of the amount of water consumed, particulars of the physical, organic and chemical nature of the effluent, etc. The director may require that various control mechanisms be installed, such as sampling test points, inspection chambers, flow-meters and recording apparatus. The Regulations specify point of entry temperature, pH value, and caustic alkalinity. Industries generating large quantities of acidic effluent must install a pH monitoring and shut-off control system to prevent discharge of the acidic affluent into the public sewer. (See Code of Practice on Pollution Control, 3rd Ed. 2000, Ministry of the Environment). All changes which affect the amount or nature of the trade effluent must be notified to the director in writing.

Trade effluent must also be free of certain substances which may damage the sewerage system. The Regulations specify the concentrations of various substances that may be discharged, separating them into the three possible discharge venues: public sewer, water course, or controlled water course. They also specify the 5-day Biochemical Oxygen Demand (BOD) and Chemical Oxygen Demand (COD) and Total Suspended Solids (TSS). Discharges in excess of the BOD and TSS are allowed on payment of enhanced tariffs. This tariff is levied to recover the additional cost for treating this higher pollution load at sewage treatment works as well as for repairs to the sewerage system.

It is an offense to discharge trade effluent, oil, chemical, sewage or other polluting matter into any drain or land without a license. The penalty is a fine of up to S$20,000 on a first conviction and a daily fine of S$1,000 if the offense continues. The fine increases to S$50,000 for a subsequent offense, with a daily fine of S$2,000 if the offense continues. The person who discharges such polluting matter must inform the director of Pollution Control. Failure to inform is an offense, carrying a fine of up to S$5,000. These offenses may be compounded for a sum not exceeding S$5,000. It is also an offense to discharge trade effluent without treating it in the prescribed manner. The penalty is similar to that for discharging without a permit.

It is an offense to discharge toxic substances into inland waters. The penalty is a maximum fine of S$50,000 or 12 months imprisonment or both; a second conviction carries a mandatory imprisonment of not less than 1 month but not more than 1 year, in addition to a fine of up to S$100,000. A third offense may result in an order for the stoppage of work. Under s. 71, liability may be extended to officers of the company if the offense was committed intentionally or negligently. However, prosecutions under s.17 EPCA require the sanction of the Public Prosecutor.

The Sewerage and Drainage (Surface Water Drainage) Regulations prohibits the discharge of silt and other suspended solids into the storm water drainage system.

Clean Up

The director may require a person who has discharged or spilled any toxic substance, trade effluent, oil, chemical, sewage or other polluting matter into any drain, land or sea, to remove and clean up the substance within a specified time. Failure to comply is an offense carrying a fine of up to S$50,000.

Waste

Singapore has a comprehensive, highly automated and efficient refuse collection system. All solid wastes are collected and disposed of daily. In the case of domestic refuse, almost all of Singapore’s numerous apartments are provided with individual chutes for garbage disposal. The garbage falls into huge bins on the ground level which are then collected daily. Domestic refuse collection was a task undertaken by ENV until April 1, 1999, when this sector was converted into a private company, SEMAC Pte Ltd. The island has now been divided into nine sectors and waste collection is being tendered to private corporations, including SEMAC. The competition has resulted in lower costs for residents. Industrial wastes continue to be handled by the private sector. ENV has published a Code of Practice for General Waste Collectors.

The average person in Singapore generates 1.1 kg of domestic refuse per day. Some 7,700 tons of waste are produced each day. About 70 percent of wastes is incinerated at four incineration plants fitted with flue gas cleaning devices including electrostatic precipitators. Emissions are monitored. Energy is recovered to generate electricity. Scrap iron is also recovered. Ash from the incineration plants and other refuse are disposed of at a landfill located on an off-shore island, comprising some 350 hectares. Built at a cost of S$610 million, this new landfill came into operation in 1998 with the closure of the old landfill at Jalan Halus, and is expected to last for some 30 years. A fifth incineration plant is being planned, to commence operation by 2006.

There are no laws mandating recycling, but 40.3 percent of the waste generated is recovered and recycled. This is mostly paper/cardboard, ferrous metals, used slag and construction debris. Companies that tender for general waste collection now have to include provisions for recycling.

The law on waste is contained in the Environmental Public Health Act (EPHA) and its subsidiary laws, including the regulations relating to General Waste Collection and Toxic Industrial Waste. Part III of the EPHA contains provisions on the cleansing of streets, the removal of refuse, the provision of public disposal facilities and the disposal and treatment of industrial waste. It also contains provisions on public nuisances.

Waste Collection

The Environmental Public Health (General Waste Collection) Regulations govern the collection and disposal of general waste. All waste collectors must be licensed. Wastes are classified into three types (bulky wastes, putrefiable waste, sludge) and disposed of differently in particular vehicles, e.g., sludge and latrine wastes from aircraft and portable toilets must be transported in tanker trucks. All wastes must be disposed of only at disposal facilities/incineration plants. The collector must keep proper records including the place and frequency of collection, place of disposal, type and tonnage of waste collected and disposed of and the vehicle used. Collectors must ensure that the refuse or waste is not dropped, scattered or spilled into any public place.

The following are the main offenses in relation to general waste:

• Collecting, removing, transporting, storing or importing any sort of refuse or waste without a license (fine of up to S$10,000 or imprisonment for up to 12 months or both fine and imprisonment).
• Throwing or leaving behind any refuse in a public place (fine of up to S$1,000 for the first conviction, S$2,000 for the second conviction, and S$5,000 for a third and subsequent convictions).
• Abandoning any vehicle (a fine of up to S$5,000 for a first conviction, a fine of S$10,000 for a second conviction or imprisonment of up to three months or both fine and imprisonment).
• Non-compliance with the Regulations regarding collection and disposal of general wastes (fine S$2,000 plus daily fine of S$100).
• Illegal dumping – this is a serious offense and persons may be arrested without warrant by any police officer or public health officer. It entails a heavy fine of S$50,000 or imprisonment up to 12 months or both, and forfeiture of the vehicles used. (See Toh Teong Seng v. Public Prosecutor [1995] 2 S.L.R. 273). Imprisonment is mandatory (1 month to 1 year) for a subsequent offense and a fine up to S$100,000. (These penalties were raised from a S$1,000 fine to a maximum fine of S$20,000 in 1996 (Act 2 of 1996, with effect from Feb. 2, 1996 (S 38/96), and further increased in 1999 (Act 22 of 1999)).
• Spillage of earth, waste, etc., onto any public place – this offense carries the same penalties as illegal dumping.
• Littering – It is an offense to litter any public place or public street (S. 18 EPHA). The maximum fine is S$1,000 for a first offense and S$2,000 for a subsequent offense. The offense may be compounded for S$150 if it is a first offense – the offender must attend a 15 minute briefing on how littering can harm the environment. In 1992, the EPH (Corrective Work Order) (CWO) Regulations was passed, under which litterers may be required to clean up a public place. As from Feb. 2, 1996, the power to arrest those who litter was extended to operators of public vehicles. In 1999, the number of hours which a person may be required to work under a CWO was increased from 3 hours to a maximum of 12 hours, but not exceeding 3 hours per day.

Industrial Waste

EPHA contains specific provisions relating to industrial waste and its disposal. The commissioner for Public Health may require the owner or occupier of any workplace to furnish information on the amount, type and nature of any industrial waste found on his premises. The owner/occupier may also be required to treat the industrial waste at his own expense before disposal.

Toxic Industrial Waste

The generation, collection, treatment, disposal and storage of toxic industrial wastes is regulated by the Environmental Public Health (Toxic Industrial Waste) Regulations. A list of toxic industrial wastes appears in the Schedule. Duties are imposed on generators and collectors by the Pollution Control Division, ENV.

The waste generator must keep records of all the waste generated and may be required to submit samples of toxic industrial waste to be analyzed by an approved laboratory. If the commissioner thinks the quantity produced is excessive or unduly toxic, he has wide powers to require remediation by the occupier of the workplace, e.g., by altering the method of production, equipment or materials used. The commissioner must be informed of any change in the type or nature of such waste. The generator must keep a register specifying the type and quantity of waste generated, the manner of disposal, the date and quantity supplied or sold to the collector, name and address of collector and the quantity held in stock. He must also give all necessary information to the toxic industrial waste collector to ensure that he can properly carry out his work.

Toxic waste collectors must be specially licensed. ENV issues licenses only to companies which have set up treatment and disposal facilities in designated industrial estates to collect and treat toxic waste from industries. It is an offense to set up a waste disposal facility without a license. An elaborate system ensuring adequate safeguards is set up for the transportation of such wastes, requiring consignment notes, specially approved vehicles, specially trained personnel, approved route, emergency action plans, etc.

Offenses

The following are the main offenses in relation to industrial waste:

Collecting, removing, transporting, storing or importing industrial or any sort of refuse or waste without a license. This entails a fine of up to S$10,000 or imprisonment for up to 12 months or both fine and imprisonment. Bringing any dangerous substance, toxic industrial waste or the residue from its treatment to any disposal facility for disposal without written permission from the commissioner of Public Health. The penalty is a S$10,000 fine or imprisonment of up to 12 months, or both fine and imprisonment. Breach of any other provisions in the EPH (Toxic Industrial Waste) Regulations. The penalties are a fine of up to S$2,000 and a further fine of S$100 for each day that the offense continues after conviction.

Transboundary Movement of Hazardous Waste

Singapore acceded to the Basel Convention on the Transboundary Movement of Hazardous Waste on April 1, 1996. The Hazardous Waste (Control of Export, Import and Transit) Act was introduced to Parliament on Oct. 7, 1997 and came into effect on March 16, 1998. It is modeled on the Commonwealth of Australia Hazardous Waste (Regulation of Exports and Imports) Act 1989 and provides severe penalties for

contravention: in the case of individuals, a fine of up to S$100,000 or imprisonment not exceeding 2 years, or both; in the case of corporations, a fine up to S$300,000. In the case of offenses by a body corporate, liability is extended to its officers, who are presumed to be guilty of the offense unless they prove otherwise (s.42).

Toxic and Dangerous Substances

Part VII, EPCA (Sections 21 to 27) govern hazardous substances. These are defined in Part I of the Second Schedule. They were previously governed by the Poisons Act. Since the passing of the EPCA, industrial poisons are now regulated by the Ministry of the Environment, while pharmaceutical poisons continue to be governed by the Poisons Act and fall under the jurisdiction of the Ministry of Health. The EPCA prescribes strict controls on the importation, sale, storage, transportation and use of hazardous substances. The Director of Pollution Control is empowered to require removal of hazardous substances from premises (s. 25 EPCA), as well as to require the owner or occupier of hazardous installations to carry out impact analysis studies. An offense under Part VII of the EPCA carries a fine of up to S$50,000 or to imprisonment of up to two years, or both, and where the offense is continuing, a daily fine of S$2,000 for each day that the offense continues after conviction. The other laws that apply are the EPC (Hazardous Substances) Regulations and the EPC (Ozone Depleting Substances) Regulations.

To minimize risks, industries that handle large quantities of hazardous substances are sited in industrial estates far away from residential estates. A new island, Jurong, formed by the amalgamation of several smaller islands, now houses Singapore’s chemical and petrochemical industries.

Factories

The Factories Act was first passed in 1973. It provides for the health and safety of workers in factories, and is enforced by the Ministry of Manpower. It contains provisions for the control and use of toxic substances. It requires that material safety data sheets be provided by sellers of toxic, corrosive or flammable substances. (S. 60A – a breach entails a penalty of a fine up to S$5,000. In the first case involving a breach of this provision, a company was fined S$2,000 (The Straits Times (Singapore), Aug. 15,1996)). Wide powers are given to the chief inspector of Factories, including the power to stop work in the factory.

Petroleum

The Petroleum Act was passed in 1908 and has been subject to many amendments. It regulates the import, export, transportation and storage of petroleum. More stringent requirements are imposed on “dangerous petroleum” (petroleum which has a flash point below 23 degrees Celsius), e.g., special permission is required to enter the port limits and during restricted hours.

The Fire Safety Act also contains provisions relating to petroleum and flammable materials, regulating their transport, dispensing and storage (s. 34-42). It is enforced by the Singapore Civil Defense Force (SCDF). The dispensing of petroleum is prohibited except at licensed premises. Licenses are issued by the Commissioner of Civil Defense.

The carriage of petroleum, explosives and dangerous goods within the port is closely regulated by the Maritime and Port Authority (Dangerous Goods, Petroleum and Explosives) Regulations and enforced by the Maritime and Port Authority (MPA).

Dangerous Trades

Part V of the Fire Safety Act governs premises that are used for dangerous trades or purposes. These premises are specified in the First Schedule and include places for the painting of motor vehicles, re-treading of tires, storage of cellulose or acetylene solutions. They require a special license from the commissioner of Civil Defense.

Land Contamination

Section 20 EPCA provides that the Minister may make regulations to control the pollution of land “whereby the condition of the land is so changed as to make or be likely to make the land or the produce of the land obnoxious, noxious or poisonous.” No regulations have been passed as yet. However, the Jurong Town Corporation (JTC), the largest landlord of industrial premises in Singapore, has included a Decontamination clause in its contracts with tenants, specifying Dutch cleanup standards. JTC has also published Guidelines on Environmental Baseline Study, which states the parameters, standards and test methods to be followed when conducting such studies in 1997/98.

Noise

The main sources of noise pollution in Singapore are: vehicular traffic, the mass rail transit (MRT) system, the light rail transit system (LRT), construction sites, industries, aircraft, public entertainment activities and community activities.

Noise-induced deafness is a major occupational hazard in Singapore factories. The Singapore Green Plan 1992 identified noise as a major concern. An Environmental Noise Management Unit (EMNU) was set up by ENV in May 1994 to look into the integrated control and management of noise, particularly from construction activities and from transport, and to develop an action plan for noise emanating from trade and industrial activities. In November 1994, an Environmental Noise Advisory Committee (ENAC) was formed to facilitate discussion and feedback to ENV.

The ENMU has since identified 19 action programs, viz. the development of an environmental noise monitoring system, control of road traffic noise and Mass Rapid Transit (MRT) train noise; acceptable indoor noise for future residential buildings, control of noise from indoor places of public entertainment and outdoor public entertainment sites, boundary noise limits for factory premises, promotion of good management practices and use of quieter plant and equipment at construction sites, and planning guidelines for noise control. Eighteen of these programs have been developed and supported by the Advisory Committee. The remaining program relating to control of noise from MRT trains requires further study by the Land Transport Authority (LTA) before submission to the Committee.

An environmental noise monitoring system has been set up, to collect data on ambient noise levels, study trends and assess the effectiveness of noise control measures. Twenty- one sites have been identified for twice-a-year seven-day continuous monitoring. These sites are located near to the sources of noise, such as busy traffic intersections, expressways, arterial roads, MRT train tracks, seaport facilities, Changi International Airport, military airbases, industrial estates, and community and town centers.

These programs have resulted in more stringent laws being passed to control noise pollution from these sources:

Vehicular Traffic and Mass Rail Transit

Noise from vehicular sources used to be regulated under the Road Traffic (Construction and Use) Rules. These have now been replaced by the Environmental Pollution Control (Vehicular Emission) Regulations 1999 which prescribe vehicular emission standards as well as noise levels for various categories of vehicles. The MRTC (Mass Railway Transit Corporation) has adopted a noise emission standard of 86 dBA for MRT trains, as a self-regulatory initiative, measured at a distance of 15 meters and at a speed of 80 km/h. Noise is also reduced by planning guidelines which require set back distances for residential premises adjacent MRT tracks.

Construction Sites

The Environmental Public Health (Control of Noise from Construction Sites) Regulations regulate the noise level from construction sites over two 12-hour periods. The levels allowed vary, with lower levels required for hospitals, schools, institutions of higher learning, homes for the aged etc. The EPCA empowers the director of Pollution Control to give written notice imposing requirements on the carrying out of building, demolition and construction works.

Industries

The Factories Act (s. 64) requires employers of factories with excessive noise or vibration to take steps to reduce the noise. They must also provide hearing protectors to workers who are exposed to a daily equivalent noise level exceeding 85 dBA over an 8-hour exposure period. The Factories (Medical Examinations) Regulations requires persons exposed to excessive noise to undergo hearing examinations every 12 months.

The Factories (Noise) Regulations came into effect on Jan. 1, 1997. These require persons exposed to excessive noise to wear hearing protectors, noisy factories must appoint noise-control advisors, noise monitoring must be carried out, and suppliers of noisy machines must provide more information on noise emissions to assist buyers in picking quieter machines. Prosecutions under the Factories Act are instituted by the Ministry of Manpower.

The EPC (Boundary Noise Limits for Factory Premises) Regulations specify maximum noise levels from factory premises. Breaches carry a maximum fine of S$2,000 and a daily fine of S$100.

Noise from Aircraft

Singapore pursues a liberal aviation policy, which ensures the continued growth of air traffic. All aircraft that take off and land must comply with the noise standards set out in Article 9, Annex 16, of the Chicago Convention on International Civil Aviation, 1944. The Air Navigation Act provides that noise from aircraft overflight cannot be the subject of an action in trespass or nuisance if, having regard to the wind, weather and all the circumstances of the case, it is reasonable or ordinarily incidental to the flight. Likewise, noise and vibration caused by aircraft in aerodromes is not actionable in nuisance, provided conditions in s. 4 are complied with. However, noise from military aircraft is outside the purview of this Act.

Noise as a Public Nuisance<

S. 44(m) Environmental Public Health Act recognizes noise as a nuisance for which a Nuisance Order may be issued by the commissioner of Public Health. Noise is defined to include vibration. The making of excessive noise may also infringe s.14 of the Miscellaneous Offences (Public Order and Nuisance) Act for which a fine of S$1,000 may be levied. However, it is a defense for noise caused in the course of a trade or business if the defendant proves that the best practicable means was used for preventing that noise (s.15(5)(6)).

Radiation

The Radiation Protection Act was passed in 1991 “to control and regulate the importation, manufacture, sale, disposal, transport, storage, possession and use of radioactive materials and irradiating apparatus.” (Act 8 of 1991, with effect from Feb. 1, 1991 (S 48/91), Cap 262 1992 Rev. Ed.). Part V contains general provisions regarding occupational health and safety. Part VI governs the disposal of radioactive waste. Disposals require the prior written consent of the director of Radiation Protection (s. 13), which is under the control of the Ministry of Health.

The Radiation Protection (Non-Ionizing) Regulations were passed in 1991 to regulate exposure to radiation, with particular focus on microwave ovens, ultrasound apparatus and magnetic resonance imaging apparatus. The Radiation (Ionizing) Regulations were passed in 2000 to regulate the use, handling, storage, labeling and transportation of irradiating apparatus and radioactive materials. The Radiation Protection (Transport of Radioactive Materials) Regulations were passed in 2000. They provide detailed requirements for the transport, handling and storage of radioactive materials.

The Centre for Radiation Protection was established in 2001 under the control of the new Health Sciences Authority. Guidelines have been drawn up for the management and disposal of radioactive waste from laboratories and hospitals. Sealed radioactive sources have to be returned to their suppliers overseas when no longer needed. The accumulation of radioactive waste is prohibited unless with the director of Radiation Protection’s written consent. Likewise, the transportation of radioactive waste requires the director’s prior written consent. The director is also empowered to dispose of any radioactive waste on the premises if he is of the opinion that the waste is unlikely to be properly disposed of, and recover any expenses reasonably connected.

Offenses under the Act carry fines ranging from S$2,000 to S$5,000. However, a fine of up to S$10,000 or imprisonment for up to 12 months or both can be imposed if the court finds that the act amounts to culpable negligence which endangered or was likely to endanger human life. Section 26 empowers the court to order the forfeiture of all radioactive materials where a person is convicted.

Evaluation of Singapore’s Anti-Pollution Laws

Singapore’s anti-pollution laws have been effective, as they are part of an efficient legal and administrative set-up coupled with comprehensive land use planning and a sound environmental infrastructure. Three strategies are employed in environmental management.

Prevention

Prevention of pollution starts with proper land use planning and the provision of the appropriate environmental infrastructure. This ensures that pollutive industries are sited away from water catchment areas and residential and commercial sites, and adequate buffer zones separate pollutive industries from residential sites. The Ministry of the Environment (ENV) must be consulted on the building of factories and industrial plants, to ensure that building plans incorporate pollution control measures. ENV works closely with the land use and planning authority (the Urban Redevelopment Authority) as well as the developers of industrial sites, to ensure proper coordination of plans and compliance with the requirements under the law as well as under the codes of practice.

ENV also specifies the type of fuel that may be used by industries. Power stations, oil refineries and other industries sited further away from residential sites are allowed to use fuel oil with sulphur content not exceeding 2 percent by weight. Industries and hotels with fuel burning equipment located close to residential and commercial sites must use cleaner fuel, i.e., diesel with 0.3 percent or less sulphur content or town gas.

Enforcement

Pollution control of industrial activities is effected by a system of regulatory measures involving the issuing of permits, licenses and the mandatory keeping of records. Industries that are highly pollutive are classified as Scheduled Premises under the Environmental Pollution Control Act (EPCA) and cannot commence operations unless the owner or operator obtains a license from the Pollution Control Department (PCD). This license is only granted if all pollution control requirements have been complied with. Industries are required to install air pollution control equipment to comply with emission standards.

In the case of an offense by a body corporate, liability is extended to its officers if the offense is “proved to have been committed with the consent or connivance of, or be attributable to any neglect” on the part of the officer (s. 71 EPCA).

Fines have recently been increased pursuant to new legislation to control pollution. Under the Environmental Pollution Control Act (EPCA) which came into operation on April 1, 1999, the maximum fine on a first conviction is S$20,000, with a daily fine of S$1,000 for each day that the offense continues after conviction. For a second or subsequent conviction, the maximum fine is raised to S$50,000 with a daily fine of S$2,000. For the more serious offense of discharging toxic substances into inland waters, the maximum fine for a first offender is S$50,000 or imprisonment of up to 12 months, or both fine and imprisonment. Imprisonment for between 1 to 12 months is mandatory on a subsequent conviction, plus a fine of up to S$100,000. Similar penalties are prescribed under the Environmental Public Health Act (EPHA) for illegal dumping of waste, with the possibility of forfeiture of the vehicle used (s. 20A, s. 21).

Fines as high as S$1 million are prescribed for offenses involving pollution by oil, and fines of S$100,000 to S$300,000 are contained in the new legislation to implement the Basel Convention, the Hazardous Waste (Control of Export, Import, and Transit) Act. However, the fine for a public nuisance is only S$1,000 for a first offense, S$2,000 for a second offense and S$5,000 for a third of subsequent offense (s. 18(1) to (g), s. 21 (1)(c) EPHA).

Officers from ENV’s PCD regularly inspect industrial and non-industrial premises to ensure compliance with pollution control requirements. If these inspections reveal a contravention of the law, the offender is usually given a warning. Generally, prosecutions are instituted only if there is a recurrence, or if the first contravention is of sufficient gravity. ENV prefers to take a “consensus” approach, using consultation and discussion, before a decision is made to prosecute. It should be mentioned that Singapore has a reputation for a “clean” government. Incidents of corrupt civil servants and law enforcers are extremely rare. Thus, it would be very difficult to bribe an enforcement officer and few would attempt to do so.

Monitoring

Air quality is routinely monitored by ENV’s Strategic Planning and Research Department through the Telemetric Air Quality Monitoring and Management System. This is comprised of 19 remote air monitoring stations spread across the island, which are linked to a CentralControl System (CCS) via dial-up telephone lines. Of the 19 stations, 16 monitor ambient air quality and 3 stations measure roadside air quality. The monitoring stations are equipped with automatic analyzers and equipment which measure the concentrations of air pollutants such as sulphur dioxide, nitrogen dioxide, carbon monoxide, ozone, hydrocarbons, lead and respirable suspended particles. USEPA standards are used. In 1999, the overall average levels of sulphur dioxide, nitrogen dioxide, carbon monoxide, ozone and PM10 were within WHO and USEPA standards.

Water quality is monitored regularly by ENV. Coastal waters are monitored from 9 sampling points in the Straits of Johor and 10 sampling points in the Straits of Singapore. Water quality in the reservoirs is monitored by the Public Utilities Board. These samples are tested for physical, chemical and bacteriological content. Water from streams and reservoirs (catchment and non-catchment) are tested for dissolved oxygen (DO), biochemical oxygen demand (BOD), total suspended solids (TSS), acidity/alkalinity (pH), ammoniacal-nitrogen and sulphide. Results show that rivers and streams are clean and able to sustain aquatic life.

Noise is monitored from 21 sites via twice-a-year, seven-day continuous noise measurements at each site. These sites are located near to noise sources such as busy traffic intersections, expressways, major arterial roads, MRT train tracks, seaport facilities, Changi International Airport, military bases, industrial estates and community and town centers.

Summary Assessment

Singapore’s effective administrative, legal and environmental infrastructure has resulted in clean air and water that easily surpass the WHO and USEPA minimum standards for public health. The environmental infrastructure is continuously examined and plans initiated for improvement. Thus, the 1980s saw the cleanup of the Singapore River and Kallang Basin, the 1990s saw the construction of a new off-shore dump-site, and the year 2000 saw the commissioning of a new, state-of-the-art incineration plant and the start of construction of a deep tunnel sewerage system.

Perhaps the only criticism that can be made is that Singapore does not have any law mandating environmental impact assessments (EIAs). The nearest approximations are contained in Sections 26 and 36 of the EPCA. Section 26 relates to impact analysis studies of hazardous installations. It empowers the director of Pollution Control to require the owner or occupier of a hazardous installation to carry out impact analysis studies identifying all possible hazards, estimating their frequency or probability, quantifying the consequences and risk levels, evaluating the effects of fires or other disasters and identifying all necessary preventive measures. The director may also require that measures be undertaken to prevent, reduce or control potential hazards. Section 36 empowers the director to require any person intending to carry out any activity that is “likely to cause substantial pollution” to carry out a study on environmental pollution control and to submit a proposal for the reduction or control of pollution.

Both provisions are quite different from requiring an environmental impact assessment as they focus only on industries or projects with high polluting capacity whereas EIAs require a comprehensive, integrated and detailed study of all potential impacts on the environment, including ecological and sociological impacts. It is also a hallmark of EIA laws that they allow some measure of public participation, whereas Sections 26 and 36 do not involve third parties at all.

Environmental experts have routinely criticized the lack of EIA laws in Singapore. The issue came to the forefront in 1992 when there was a proposal to convert part of the Lower Peirce Reservoir, which was gazetted as forest reserve, into a golf course. In response to calls for environmental impact studies to be undertaken, the authorities agreed to commission an EIA but declared that the results would be confidential. This prompted the Nature Society (see http://www.post1.com/home/naturesingapore) to undertake and publish its own EIA Report that revealed that considerable damage to the eco-system would ensue, which would be irreparable. (See Proposed Golf Course at Lower Peirce Reservoir – An Environmental Impact Assessment, Nature Society, Singapore, 1992). While the project has been shelved for the time being, it is clear that such issues may well arise in the future. A proposal for a golf course or a holiday resort would not trigger either Sections 26 or 36 EPCA. It is unlikely that there will be legislation providing for EIAs, since this had been left out of the main “consolidating law” which had just been passed in the form of the EPCA.

Conclusion

In conclusion, it can be said that despite the lack of EIA laws, Singapore has a creditable environmental management system that works. Its environmental laws constitute a part of this system. They are fairly comprehensive and well enforced in the field of pollution. However, to ensure a comprehensive protection for the environment, a strong case can be made for the formulation of a suitable environment impact assessment procedure where a more integrated assessment can be made of the potential impact of a proposed project, and with the assurance of public consultation and participation.

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