Statute Details
- Title: Environmental Protection and Management (Prohibition on the Use of Open Fires) Order
- Act Code: EPMA1999-OR1
- Type: Subsidiary Legislation (SL)
- Authorising Act: Environmental Protection and Management Act (Chapter 94A, Section 14(1))
- Legislative Citation: SL 161/1999 (G.N. No. S 161/1999)
- Revised Edition: 2008 RevEd (31 January 2008)
- Commencement (as shown in legislative history): 1 April 1999
- Key Provisions: Section 1 (Citation); Section 2 (Prohibition on open fires in industrial or trade premises and exceptions)
- Status: Current version as at 27 March 2026
What Is This Legislation About?
The Environmental Protection and Management (Prohibition on the Use of Open Fires) Order is a targeted environmental control measure. In plain language, it prohibits the use of “open fires” in industrial or trade premises, subject to narrow exceptions. The policy rationale is straightforward: open burning can generate smoke, particulate matter, and other pollutants, and may also create fire hazards and nuisance impacts on surrounding communities.
Although the Order is short, it operates as an important compliance instrument for industrial operators and businesses that conduct trade activities. It sits within Singapore’s broader environmental regulatory framework under the Environmental Protection and Management Act (EPMA). The EPMA provides the legislative foundation for the making of subsidiary legislation, and this Order is one such instrument focused specifically on open burning practices.
From a practitioner’s perspective, the Order is best understood as a “prohibition with exceptions” regime. It does not merely regulate how open fires are managed; it generally bans them outright in the relevant premises category, unless the use falls within the enumerated exceptions. That structure matters for enforcement and for advising clients: compliance turns on whether the activity qualifies as an “open fire” and whether it fits squarely within one of the permitted purposes.
What Are the Key Provisions?
Section 1 (Citation) provides the short title of the instrument. This is standard legislative drafting, but it is still relevant for legal referencing in correspondence, enforcement notices, and court pleadings.
Section 2 (Open fires prohibited in industrial or trade premises) is the operative provision. It states that “the use of open fires in any industrial or trade premises is prohibited,” subject to exceptions. The prohibition is broad in its subject matter and location: it applies to the “use” of open fires, and it applies to “any industrial or trade premises.” In practice, this means businesses cannot assume that the ban is limited to particular industries, particular locations, or particular scales of burning. The legal question is whether the premises fall within the industrial/trade category and whether the activity constitutes an open fire.
The Order then provides two explicit exceptions. Open fires are permitted only where they are used for:
(a) the purpose of fire fighting practices; or
(b) the disposal of tail gases from industrial plants.
Exception (a): Fire fighting practices. This exception recognises that controlled use of fire may be necessary for training, emergency preparedness, or actual firefighting activities. For legal compliance, the key is that the purpose must be genuinely connected to fire fighting practices. A business should not treat this as a general authorisation to burn materials under the guise of “safety” or “training” unless the activity is consistent with fire-fighting practice and can be supported by evidence (e.g., training records, safety protocols, and the nature of the activity).
Exception (b): Disposal of tail gases from industrial plants. This exception is narrower and more technical. It allows open fires where they are used for the disposal of tail gases from industrial plants. Tail gases typically refer to waste gases produced as by-products of industrial processes. The legal significance is that the permitted burning is tied to industrial waste gas disposal, not to disposal of general waste, refuse, or other materials. Practitioners should advise clients to document the industrial process generating the tail gases, the nature of the gases, and why open fire is used for disposal rather than alternative abatement methods.
Practical compliance point: Because the Order is framed as a prohibition with enumerated exceptions, there is little room for “equitable” or “commercial necessity” arguments. If the activity does not fit within the exceptions, the prohibition applies. Conversely, if it does fit, the operator should still ensure that the factual basis for the exception is clear and defensible.
How Is This Legislation Structured?
The Order is structured as a short subsidiary instrument with a small number of provisions. It contains:
Section 1 — the citation provision (how the Order may be referred to).
Section 2 — the substantive rule: prohibition on open fires in industrial or trade premises, with two exceptions (fire fighting practices; disposal of tail gases from industrial plants).
There are no additional parts or detailed procedural provisions in the extract provided. The legislative drafting therefore places the compliance burden on operators to understand the scope of the prohibition and to ensure that any open fire use is within the permitted purposes.
Who Does This Legislation Apply To?
The Order applies to persons who use open fires in “industrial or trade premises.” While the extract does not define these terms, the operative language indicates that the relevant audience is businesses operating in industrial or commercial/trade settings. This likely includes factories, workshops, industrial facilities, and other premises where industrial processes or trade activities occur.
In advising clients, it is important to treat the scope as premises-based rather than person-based. Even if a particular individual (e.g., a contractor) performs the burning, the legal risk will typically attach to the operator or occupier of the premises and the person responsible for the “use” of open fires. Where contractors are involved, counsel should consider contractual allocation of environmental compliance responsibilities and ensure that contractors’ activities are aligned with the exceptions.
Additionally, the exceptions are purpose-based. Therefore, the applicability analysis should focus on the purpose of the open fire and whether it is consistent with either fire fighting practices or tail gas disposal from industrial plants.
Why Is This Legislation Important?
Even though the Order is brief, it is significant because it creates a clear compliance baseline: open fires in industrial or trade premises are generally not allowed. For practitioners, this clarity is useful. It reduces interpretive uncertainty compared to more complex regulatory regimes, but it increases the importance of factual classification—what counts as an “open fire,” what counts as “industrial or trade premises,” and whether the activity is truly within an exception.
From an enforcement and risk perspective, the Order’s structure (absolute prohibition plus limited exceptions) can lead to straightforward compliance determinations. If an enforcement authority concludes that an operator used an open fire outside the permitted purposes, the operator may face regulatory consequences under the broader EPMA framework. Conversely, if an operator can show that the open fire was used for fire fighting practices or for disposal of tail gases from industrial plants, the operator has a defensible legal basis to justify the activity.
In practical terms, businesses should incorporate this Order into environmental management systems. That includes training staff, implementing standard operating procedures, and ensuring that any planned burning activities are reviewed for legal permissibility. For tail gas disposal, operators should also ensure that process documentation and operational controls support the exception. For fire fighting practices, operators should maintain records demonstrating that the activity is for genuine fire-fighting training or operations rather than routine burning.
Related Legislation
- Environmental Protection and Management Act (Chapter 94A) — authorising legislation (including Section 14(1) as the enabling provision for subsidiary legislation)
Source Documents
This article provides an overview of the Environmental Protection and Management (Prohibition on the Use of Open Fires) Order for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.