Singapore Haze Law NEA Notices: 10 Firms Acknowledge Requests

All 10 Singapore-based companies issued notices under the Republic’s haze law have acknowledged the National Environment Agency’s (NEA) requests for information concerning their links to fires in Indonesia The Straits Times. The legal notices were issued on 23 October, and representatives of non-compliant firms face penalties if they do not cooperate The Straits Times. These 10 firms are involved in the oil palm or forestry business and either own land concessions in Indonesia or have related companies with such concessions CNA.

What Happened

NEA issued the legal notices on the night of 23 October to Asia Pulp & Paper Company, Asia Pulp & Paper Company (China), Bumitama Agri, Golden Agri International, First Resources, Indofood Agri Resources, Kencana Agri, TSH Global Plantation, TSH Oversea and Wilmar International The Straits Times. Wilmar International was the first to announce its plan to comply in a filing close to midnight on 23 October, while First Resources followed on 24 October at 1:15 a.m. The Straits Times. Kencana Agri and Indofood Agri Resources filed their acknowledgements on 25 October The Straits Times. The last two to respond, TSH Global Plantation and TSH Oversea, acknowledged on 26 October via Malaysian firm TSH Resources The Straits Times.

Legal Framework and Penalties

Under Section 10 of the Transboundary Haze Pollution Act (THPA), representatives of non-compliant firms can face a fine of up to $5,000, a jail term of up to one month, or both The Straits Times. Furthermore, entities found guilty of causing or contributing to the haze can be fined up to $100,000 every day the pollution persists, capped at a maximum of $2 million The Straits Times. The issuance of a notice does not mean a company has been found responsible for causing the haze CNA.

Cooperation Status

While all 10 firms acknowledged the notices, only some explicitly stated they would cooperate with the agency The Straits Times. Kencana Agri stated it would cooperate fully with NEA The Straits Times. Wilmar International reaffirmed its strict no-burning policy, while Golden Agri International maintained a zero-burning and no-peat policy CNA.

Comparison of Notices

NEA previously issued preventive-measures notices to 10 Indonesian companies on 16 October and 19 October under Section 9 of the THPA, which requested information on fire prevention without associated penalties for non-response The Straits Times. In contrast, the notices issued on 23 October under Section 10 allowed NEA to seek documents and information to facilitate investigations into potential offences The Straits Times.

Our view is that the enforcement of cross-border environmental regulations, such as the THPA, demonstrates a necessary evolution in national governance to address transnational issues like haze pollution.

Environmental regulation and cross-border accountability are crucial aspects of modern international and national governance.

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