Statute Details
- Title: Environmental Protection and Management (Exemption) (No. 2) Order 2018
- Act Code: EPMA1999-S358-2018
- Legislation Type: Subsidiary Legislation (SL)
- Authorising Act: Environmental Protection and Management Act (Chapter 94A)
- Authorising Power: Section 75 of the Environmental Protection and Management Act
- Enacting Authority: National Environment Agency (NEA)
- Commencement: 1 January 2019
- Made Date: 1 March 2018
- Legislation Number: SL 358/2018
- Current Status (as provided): Current version as at 27 Mar 2026
- Key Provisions: Section 1 (Citation and commencement); Section 2 (Exemption)
What Is This Legislation About?
The Environmental Protection and Management (Exemption) (No. 2) Order 2018 (“the Order”) is a targeted regulatory instrument made under the Environmental Protection and Management Act (Chapter 94A) (“the Act”). In plain language, it creates a narrow exemption from certain statutory controls relating to specific regulated substances—namely, a list of fluorinated substances—when they are possessed for sale, sold, or offered for sale within Singapore.
The Order does not broadly deregulate environmental compliance. Instead, it modifies the application of particular sections of the Act (sections 22(1) and 23(1)) for a defined set of chemical substances. This kind of exemption is typically used to accommodate commercial realities (for example, substances that are handled in particular supply chains) while still maintaining the overall regulatory framework for environmental protection.
Practically, the Order matters most to businesses and legal advisers dealing with the importation, distribution, and sale of the listed fluorinated substances. It clarifies that, for the specified substances, the prohibitions or restrictions in sections 22(1) and 23(1) of the Act do not apply to a person who meets the conditions stated in the Order.
What Are the Key Provisions?
1. Citation and commencement (Section 1)
Section 1 provides the formal title and states that the Order comes into operation on 1 January 2019. For practitioners, this is important for determining whether conduct occurring before that date would be governed by the earlier legal position (or by other exemption instruments, if any).
2. The exemption from sections 22(1) and 23(1) (Section 2(1))
The core of the Order is section 2. Under section 2(1), sections 22(1) and 23(1) of the Act do not apply to any person who, within Singapore, does any of the following in relation to the listed substances (including any mixture containing any such substances):
- possesses for sale;
- sells; or
- offers for sale.
This exemption is therefore conditional on both (a) the type of activity (possession for sale, sale, or offering for sale) and (b) the identity of the substance (the enumerated fluorinated substances, including mixtures containing them). If either element is missing—e.g., the substance is not on the list, or the conduct is not within the listed categories—then the exemption would not apply.
3. The list of exempted substances
Section 2(1) enumerates a set of fluorinated compounds, including (as set out in the extract) substances such as:
- 1,1,1,2,2,3,4,5,5,5-decafluoropentane;
- 1,1,1,2,2,3-hexafluoropropane;
- 1,1,1,2,3,3,3-heptafluoropropane;
- 1,1,1,2,3,3-hexafluoropropane;
- 1,1,1,2-tetrafluoroethane;
- 1,1,1,3,3,3-hexafluoropropane;
- 1,1,1,3,3-pentafluorobutane;
- 1,1,1,3,3-pentafluoropropane;
- 1,1,1-trifluoroethane;
- 1,1,2,2,3-pentafluoropropane;
- 1,1,2,2-tetrafluoroethane;
- 1,1,2-trifluoroethane;
- 1,1-difluoroethane;
- 1,2-difluoroethane;
- Difluoromethane;
- Fluoromethane (methyl fluoride);
- Pentafluoroethane;
- Trifluoromethane.
From a compliance perspective, the legal risk often turns on classification: whether the product being sold is one of the listed substances, or a mixture containing one. The Order expressly includes “any mixture containing any such substances,” which means that even if the substance is not the sole component, the exemption may still be engaged—assuming the mixture contains any of the listed chemicals.
4. “Sale” does not include import or export (Section 2(2))
Section 2(2) provides a crucial interpretive limitation: “sale does not include import or export.” This clarifies that the exemption is not automatically extended to importation or exportation activities. In other words, a person cannot assume that because they are exempt from sections 22(1) and 23(1) in relation to “sale,” they are also exempt for cross-border movements of the substances.
For practitioners, this interpretive clause is likely to be decisive in advising clients on supply chain activities. If a client’s business model involves importing or exporting the listed substances, the exemption should be analysed alongside any other relevant provisions of the Act and any other exemption orders or licensing regimes that may apply to import/export conduct.
How Is This Legislation Structured?
The Order is brief and structured as a short instrument with only two operative provisions. It contains:
Section 1 (Citation and commencement) — sets out the name of the Order and the date it comes into force (1 January 2019).
Section 2 (Exemption) — provides the substantive legal effect: it exempts specified persons from the application of sections 22(1) and 23(1) of the Act, but only for specified substances and only for specified commercial activities (possession for sale, sale, or offering for sale within Singapore). It also includes the interpretive clarification that “sale” does not include import or export.
There are no additional parts or schedules in the extract provided; the substance list is embedded directly in section 2(1).
Who Does This Legislation Apply To?
The exemption applies to “any person” who, within Singapore, possesses for sale, sells, or offers for sale the listed substances (including mixtures containing them). The wording is broad, so it is not limited to manufacturers, wholesalers, or retailers; it captures any legal person or natural person meeting the conditions.
However, the exemption is activity- and substance-specific. It is not a general exemption from the Act. It only disapplies sections 22(1) and 23(1) for the enumerated substances and only for the specified conduct. Additionally, because “sale” excludes import and export, the exemption does not automatically cover import/export activities involving these substances.
Why Is This Legislation Important?
This Order is important because it directly affects the compliance obligations of regulated businesses dealing with fluorinated substances. Under the Act, sections 22(1) and 23(1) presumably impose restrictions or prohibitions relevant to environmental protection and management. By disapplying those sections for the listed substances in the context of sale-related conduct, the Order provides legal certainty for certain commercial transactions.
For lawyers advising clients, the practical value lies in its precision. The Order is narrow: it lists specific chemicals and ties the exemption to specific acts within Singapore. This means counsel should treat the Order as a compliance tool that must be applied carefully—particularly when advising on:
- Product identification and documentation: ensuring that the substance (or mixture) being sold matches the chemical names in the Order.
- Scope of conduct: distinguishing between possession for sale, sale/offer for sale, and other activities such as importation, exportation, storage, or use.
- Contracting and risk allocation: ensuring that contractual representations about substance identity and permitted activities align with the legal exemption.
- Supply chain compliance: because import/export is excluded from “sale,” clients may still require separate legal analysis or permits for cross-border movements.
Enforcement-wise, the exemption reduces the likelihood of liability under the specific sections disapplied. But it does not eliminate the need for compliance with other parts of the Act or other environmental controls that may apply to the substances or to the business activities beyond the exemption’s scope.
Related Legislation
- Environmental Protection and Management Act (Chapter 94A) — in particular, sections 22(1), 23(1), and the exemption-making power in section 75.
- Environmental Protection and Management (Exemption) Orders — including other exemption instruments (e.g., “(No. 1)” or subsequent orders) that may cover different substances or different activities.
Source Documents
This article provides an overview of the Environmental Protection and Management (Exemption) (No. 2) Order 2018 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.