Statute Details
- Title: Environmental Protection and Management (Exemption) (No. 2) Order 2018
- Act Code: EPMA1999-S358-2018
- Type: Subsidiary Legislation (SL)
- Authorising Act: Environmental Protection and Management Act (Chapter 94A)
- Enacting Authority: National Environment Agency (NEA)
- Legal Basis: Powers under section 75 of the Environmental Protection and Management Act
- Citation: SL 358/2018
- Commencement: 1 January 2019
- Status: Current version as at 27 March 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 is a targeted exemption order made under Singapore’s Environmental Protection and Management Act (EPMA). In plain terms, it carves out a specific legal “exception” from certain regulatory requirements in the Act for particular fluorinated substances—specifically, a list of named chemicals—when they are held and traded within Singapore.
The EPMA generally regulates environmental matters, including controls on the possession, sale, and handling of substances that may have environmental impacts. This Order does not repeal those controls. Instead, it provides that the relevant prohibitions or restrictions in the Act do not apply to a person who possesses for sale, sells, or offers for sale the substances listed in the Order.
Importantly, the Order is narrow in scope: it applies only to the enumerated substances and only to the activities described (possession for sale, sale, or offering for sale). It also clarifies that “sale” does not include import or export. This matters for compliance planning, because businesses often need to distinguish domestic trading from cross-border movements.
What Are the Key Provisions?
Section 1 (Citation and commencement) is straightforward. It provides the formal name of the instrument and states that it comes into operation on 1 January 2019. For practitioners, this is relevant when determining whether conduct occurred before or after the exemption took effect.
Section 2 (Exemption) is the operative provision. Section 2(1) states that sections 22(1) and 23(1) of the EPMA do not apply to any person who, within Singapore, possesses for sale, sells, or offers for sale any of the listed substances. In other words, the EPMA’s restrictions in those sections are suspended for the specified activities and substances.
The exemption applies to a defined set of fluorinated chemicals, including (as listed in the Order) 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
Two drafting points are particularly important for legal compliance. First, the Order expressly covers any mixture containing any such substances. This means that even if a company deals with a blended product, the exemption may still be relevant if the mixture contains one of the named chemicals. Practitioners should therefore advise clients to assess mixture composition carefully, including whether the relevant substance is present at any concentration (the Order does not specify a threshold).
Second, the exemption is tied to the activity and location: it applies to persons who, within Singapore, possess for sale, sell, or offer for sale. This language is designed to regulate domestic commercial conduct. It does not, by itself, exempt activities that occur outside Singapore or activities not captured by the listed verbs (for example, mere possession not for sale, or use in manufacturing, unless those activities fall within the EPMA sections being exempted).
Section 2(2) provides a definitional clarification: “sale” does not include import or export. This is a critical compliance boundary. A business may be exempt from the EPMA prohibitions for domestic selling activities, but it should not assume that import/export is similarly exempted. Cross-border movement may still be governed by other provisions of the EPMA, subsidiary legislation, licensing requirements, or customs/environmental controls.
How Is This Legislation Structured?
This Order is a short subsidiary instrument with a simple structure. It contains:
- Section 1: Citation and commencement (when the Order takes effect).
- Section 2: Exemption (the substantive legal effect, including the list of exempt substances and the clarification about “sale”).
There are no additional parts, schedules, or complex procedural provisions in the extract provided. The legal impact is therefore concentrated in the exemption clause and its listed substances.
Who Does This Legislation Apply To?
The exemption applies to any person who meets the conditions in Section 2(1). In practice, this will typically include companies and individuals engaged in trading, distribution, or commercial supply of the specified substances (or mixtures containing them) within Singapore.
However, the exemption is not universal for all environmental regulatory matters under the EPMA. It is specifically linked to sections 22(1) and 23(1) of the EPMA and to the activities of possessing for sale, selling, or offering for sale within Singapore. Accordingly, a practitioner should treat the exemption as activity- and substance-specific rather than as a blanket permission to handle fluorinated substances for all purposes.
Why Is This Legislation Important?
Although the Order is brief, it can have significant commercial and compliance consequences. For regulated substances, the difference between being “within the prohibition” and being “within an exemption” can determine whether a company needs a licence, whether it is exposed to enforcement action, and how it structures its supply chain.
From a practitioner’s perspective, the Order is particularly important because it provides a clear, enumerated list of substances. This enables compliance teams to implement practical controls: screening product formulations against the named chemicals, reviewing sales and marketing documentation, and ensuring that internal policies distinguish between domestic sales and import/export activities.
The “sale does not include import or export” clarification in Section 2(2) is also a common source of misunderstanding. Businesses sometimes assume that if a substance is exempt for selling, it is automatically exempt for cross-border transactions. This Order suggests the opposite: the exemption is directed at domestic sale-related conduct. Therefore, counsel should advise clients to conduct a separate legal analysis for import/export, including whether other EPMA provisions or related subsidiary legislation apply.
Finally, because the Order is current as at 27 March 2026 (and commenced on 1 January 2019), it is likely to be relied upon in ongoing regulatory compliance. Practitioners should still verify whether there have been amendments affecting the list of substances or the scope of the exemption, but the instrument as described provides a stable framework for domestic trading of the listed fluorinated substances.
Related Legislation
- Environmental Protection and Management Act (Chapter 94A) (including sections 22(1), 23(1), and the exemption-making power in section 75)
- Environmental Protection and Management (Exemption) Orders (including other numbered exemption orders, where applicable)
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.