Part of a comprehensive analysis of the Hazardous Waste (Control of Export, Import and Transit) Act 1997
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Key Provisions and Their Purpose in the Hazardous Waste (Control of Export, Import and Transit) Act 1997
The Hazardous Waste (Control of Export, Import and Transit) Act 1997 (hereinafter “the Act”) establishes a comprehensive legal framework to regulate the transboundary movement of hazardous waste and other waste in Singapore. The Act’s key provisions are designed to ensure that hazardous waste is managed in an environmentally sound manner, to protect human health and the environment, and to comply with international obligations under the Basel Convention.
"This Act is the Hazardous Waste (Control of Export, Import and Transit) Act 1997." — Section 1
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This foundational provision formally enacts the legislation, signaling its specific focus on hazardous waste control. It sets the legislative scope and authority for subsequent provisions.
"The Minister must, by notice in the Gazette, declare that the agreement or arrangement is an Article 11 arrangement for the purposes of this Act." — Section 7(1)
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This provision empowers the Minister to officially recognize international agreements or arrangements related to hazardous waste under Article 11 of the Basel Convention. The declaration ensures that Singapore’s domestic law aligns with international protocols governing hazardous waste export, import, and transit.
"A reference in this Act to the environmentally sound management of hazardous or other waste is a reference to taking all practicable steps to ensure that the waste is managed in a manner that will protect human health and the environment against the adverse effects that may result from the waste." — Section 8
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This definition clarifies the standard of care required under the Act. It emphasizes a proactive approach to waste management, mandating that all practicable steps be taken to mitigate adverse impacts. This provision exists to safeguard public health and the environment from the risks posed by hazardous waste.
"This Act does not apply to or in relation to any vessel or aircraft belonging to the naval, military or air forces of Singapore or any other country." — Section 12
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This exemption recognizes the special status of military vessels and aircraft, which are governed by separate international and domestic laws. It prevents overlap and potential conflicts between civilian hazardous waste regulations and military operations.
"This Act binds the Government." — Section 13
This provision ensures that the Government itself is subject to the Act’s requirements, promoting accountability and consistent application of hazardous waste controls across all sectors.
"This Act is in addition to, and not in derogation of or substitution for, any other written law, whether enacted before or after 16 March 1998." — Section 14
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This clause clarifies that the Act supplements existing laws rather than replacing them. It preserves the integrity of other environmental and waste management legislation, ensuring a cohesive legal framework.
Definitions and Their Importance in the Act
Section 2(1) of the Act provides detailed definitions critical for interpreting and applying the legislation effectively. These definitions establish the scope of terms such as “hazardous waste,” “Basel Convention,” “export permit,” and “environmentally sound management,” among others. Precise definitions prevent ambiguity and ensure consistent enforcement.
"In this Act, unless the context otherwise requires — “Antarctica” means the area south of 60º South latitude, including all ice shelves in that area; “Article 11 arrangement” has the meaning given to it by section 7; “authorised officer” means a person appointed under section 16 as an authorised officer; “Basel Convention” means the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal and any amendment or protocol to the Convention that has come into force and has been accepted by the Government, a copy of the English text of which is set out in the Schedule; “Basel export permit” means a permit given in accordance with the Basel Convention permitting the export of hazardous or other waste; “Basel import permit” means a permit given in accordance with the Basel Convention permitting the import of hazardous or other waste; “Basel permit” means a Basel export permit, a Basel import permit or a Basel transit permit; “Basel transit permit” means a permit given in accordance with the Basel Convention permitting the carrying out of one or more transit proposals relating to hazardous or other waste; “competent authority”, in relation to a foreign country, means — (a) if the country is a party to the Basel Convention — the competent authority of the country within the meaning of the Basel Convention; and (b) otherwise — a person or an organisation that officially represents the country; “deal with”, in relation to hazardous or other waste, includes dispose of; “Director-General” means the Director-General of Environmental Protection appointed under section 3(1) of the Environmental Protection and Management Act 1999; “disposal” means an operation specified in Annex IV to the Basel Convention; “environmentally sound management”, in relation to hazardous or other waste, has the meaning given by section 8; “export permit” means a Basel export permit or a special export permit; “export proposal” means a proposal to export hazardous or other waste and to deal with it outside Singapore; “foreign country” includes — (a) a colony, overseas territory, overseas province or protectorate of a foreign country; (b) a territory outside Singapore, where a foreign country is to any extent responsible for the international relations of the territory; and (c) a territory outside Singapore that is to some extent self-governing, but that is not recognised as an independent sovereign state by Singapore; “holder”, in relation to a Basel permit or a special permit, means the person to whom the permit was granted; “household waste” means waste collected from households, but does not include such waste as may be specified in any regulations made under this Act; “import permit” means a Basel import permit or a special import permit; “import proposal” means a proposal to import hazardous or other waste and to deal with it in Singapore; “permit application” means an application for a Basel or special permit; “permit condition” means a condition specified in — (a) a Basel permit; (b) a notice specified in any regulations made under section 17 varying a Basel permit; (c) a special permit; or (d) a notice under a set of Article 11 regulations varying a special permit; “platform” includes any structure at sea, whether fixed or not fixed, but does not include a vessel; “premises” includes any place, whether or not enclosed or built on; “relevant person”, in relation to a searchable place, means — (a) in the case of premises in Singapore — the occupier of the premises; and (b) in any other case — the person in command or control, or who appears to be in command or control, of the place; “searchable place” means — (a) any premises in Singapore; (b) an aircraft, a vehicle or a vessel within the jurisdiction of Singapore; (c) a Singapore aircraft; (d) a Singapore platform; or (e) a Singapore vessel; “set of Article 11 regulations” has the meaning given by section 19(3); “Singapore aircraft” means an aircraft that is registered in Singapore; “Singapore platform” means a platform — (a) that is fixed to the seabed or subsoil beneath Singapore waters; or (b) that is otherwise operating in Singapore waters; “Singapore vessel” means a vessel that is registered in Singapore; “Singapore waters” means the following waters: (a) the whole of the sea within the seaward limits of the territorial waters of Singapore; and (b) all other waters (including inland waters) which are within these limits and are subject to the ebb and flow of the ordinary tides; “special export permit” means a permit under a set of Article 11 regulations permitting the export of hazardous or other waste; “special import permit” means a permit under a set of Article 11 regulations permitting the import of hazardous or other waste; “special permit” means a special export permit, a special import permit or a special transit permit; “special transit permit” means a permit under a set of Article 11 regulations permitting the carrying out of one or more transit proposals relating to hazardous or other waste; “through bill of lading” or “through airway bill” means a bill of lading or airway bill, as the case may be, for the consignment of goods from a place outside Singapore to a final destination outside Singapore without a consignee in Singapore; “transit permit” means a Basel transit permit or a special transit permit; “transit proposal” has the meaning given by section 6; “vessel” means anything capable of carrying persons or goods through or on water, and includes an air-cushion vehicle or similar craft; “waste” means a substance or object that is — (a) proposed to be disposed of; (b) disposed of; or (c) required by any written law to be disposed of." — Section 2(1)
Verify Section 2 in source document →
These definitions exist to provide clarity and precision, which are essential for effective regulation and enforcement. For example, defining “environmentally sound management” ensures that all parties understand the minimum standards required to protect health and the environment. Similarly, defining “Basel permit” and related terms aligns Singapore’s domestic permits with international standards under the Basel Convention, facilitating compliance and cooperation with other countries.
"In this Act — (a) a reference to this Act includes a reference to regulations made under this Act; (b) a reference to an offence under this Act includes a reference to an attempt or conspiracy to commit an offence under this Act or an abetment of an offence under this Act; (c) “within the jurisdiction of Singapore” means within or over Singapore or Singapore waters." — Section 2(2)
This subsection ensures that the Act’s scope includes subsidiary regulations, attempts, conspiracies, and abetments, thereby broadening the enforcement reach. It also clarifies the geographical jurisdiction, which is critical for enforcement actions.
Penalties for Non-Compliance
The Preliminary Part of the Act, as provided, does not specify penalties for non-compliance. This omission is typical in preliminary or definitional sections of legislation, where the focus is on establishing the framework and definitions. Penalty provisions are usually found in later parts of the Act or in subsidiary regulations.
Cross-References to Other Acts
The Act explicitly cross-references other legislation to ensure coherence within Singapore’s legal system.
"“Director-General” means the Director-General of Environmental Protection appointed under section 3(1) of the Environmental Protection and Management Act 1999;" — Section 2(1)
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This cross-reference links the Act to the Environmental Protection and Management Act 1999, indicating that the Director-General responsible for environmental protection under that Act also plays a role in administering this Act. This integration promotes administrative efficiency and consistency in environmental governance.
"This Act is in addition to, and not in derogation of or substitution for, any other written law, whether enacted before or after 16 March 1998." — Section 14
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This provision ensures that the Act complements existing laws rather than replacing them. It preserves the applicability of other environmental and waste management laws, preventing legal conflicts and gaps.
Conclusion
The Hazardous Waste (Control of Export, Import and Transit) Act 1997 establishes a robust legal framework to regulate hazardous waste movements in Singapore. Its key provisions ensure compliance with international obligations, promote environmentally sound management, and integrate with existing environmental laws. The detailed definitions provide clarity essential for enforcement and compliance, while the cross-references ensure administrative coherence. Although penalties are not specified in the Preliminary Part, the Act’s structure indicates a comprehensive approach to hazardous waste control.
Sections Covered in This Analysis
- Section 1 — Short Title and Commencement
- Section 2(1) — Definitions
- Section 2(2) — Interpretation
- Section 7(1) — Article 11 Arrangements
- Section 8 — Environmentally Sound Management
- Section 12 — Exemptions for Military Vessels and Aircraft
- Section 13 — Act Binds the Government
- Section 14 — Relationship with Other Laws
Source Documents
For the authoritative text, consult SSO.