Statute Details
- Title: Resource Sustainability (Exemptions from Part 4B) Order 2024
- Act Code: RSA2019-S581-2024
- Legislation Type: Subsidiary Legislation (SL)
- Authorising Act: Resource Sustainability Act 2019 (power under section 50)
- Enacting Formula: Made by the Minister for Sustainability and the Environment
- Commencement / Operation: 12 July 2024
- Key Provisions:
- Section 1: Citation and commencement
- Section 2: Definitions (including “beverage product”)
- Section 3: Exemption from section 23V of the Resource Sustainability Act 2019
- Exemption Period: 12 July 2024 to 31 March 2026 (both dates inclusive)
- Status / Versioning Note: The extract indicates the Order was repealed by S 127/2026 with a “current version as at 27 Mar 2026” reference
- Maker: Stanley Loh Ka Leung, Permanent Secretary, Ministry of Sustainability and the Environment
What Is This Legislation About?
The Resource Sustainability (Exemptions from Part 4B) Order 2024 is a targeted regulatory instrument made under the Resource Sustainability Act 2019 (“RSA”). In plain terms, it temporarily relieves certain “producers of beverage products” from complying with a specific statutory requirement found in section 23V of the RSA.
The Order does not create a broad new regulatory regime by itself. Instead, it operates as a carve-out from an obligation that would otherwise apply under Part 4B of the RSA. The practical effect is that, for a defined period, eligible beverage producers are exempt from the operation of section 23V—meaning they are not required to meet whatever compliance duties section 23V imposes.
Because the Order is time-limited, it is best understood as a transitional or policy-adjustment measure. The exemption runs from 12 July 2024 to 31 March 2026, after which the exemption ends (and the Order is later indicated as repealed by a subsequent instrument). For lawyers advising regulated entities, the key question is not only whether a party is a “producer of a beverage product”, but also when the exemption applies and how it interacts with the broader Part 4B framework.
What Are the Key Provisions?
Section 1 (Citation and commencement) is straightforward. It provides the formal name of the Order and states that it comes into operation on 12 July 2024. For compliance planning, this matters because the exemption does not apply retroactively; it begins on the commencement date.
Section 2 (Definitions) is more legally significant because it determines the scope of who benefits. The Order adopts the RSA’s definition of “beverage product” by reference to section 23M(1) of the Act. This incorporation-by-reference technique is common in Singapore subsidiary legislation: it avoids duplication and ensures consistency with the parent Act’s definitional framework.
Section 2(2) further clarifies the concept of who is a “producer” for the purposes of this Order. It provides two linked rules:
- A person is the producer of a beverage product if the person is described in section 23M(2) of the RSA.
- A person is not a producer if the person is described in section 23M(3) of the RSA.
These provisions are crucial for legal advice because they can exclude certain categories of market participants (for example, depending on how section 23M(2) and (3) are drafted in the RSA). In practice, counsel should treat the RSA’s section 23M(2) and 23M(3) as the controlling allocation of “producer” status, and then map the client’s business model (manufacturing, importing, branding, distribution, or other roles) onto those statutory categories.
Section 3 (Exemption from section 23V of Act) is the operative clause. It states that a producer of a beverage product is exempt from section 23V of the RSA for the period from 12 July 2024 to 31 March 2026 (both inclusive). The exemption is therefore:
- Subject-matter specific: it is limited to section 23V, not necessarily all obligations under Part 4B.
- Beneficiary specific: it applies only to “producers of a beverage product” as defined by section 2 and the RSA’s section 23M.
- Time-limited: it applies only during the stated window.
Although the extract does not reproduce the text of section 23V, the legal significance is clear: section 23V is the compliance trigger that would otherwise bind eligible producers. Lawyers should therefore obtain and review section 23V in the RSA to identify the exact obligations being suspended. This is essential for advising on risk, reporting, contractual allocation of compliance duties, and whether any partial obligations under other provisions remain unaffected.
How Is This Legislation Structured?
The Order is structured in a compact format, consisting of an enacting formula and three substantive sections:
(1) Section 1 sets out the citation and commencement date.
(2) Section 2 provides definitions, including the incorporation of the RSA’s definition of “beverage product” and the determination of who is (and is not) the “producer”.
(3) Section 3 grants the exemption from section 23V for the specified period.
There are no additional parts, schedules, or detailed procedural provisions in the extract. This indicates the Order’s purpose is narrow: it is designed to deliver a specific exemption without creating administrative mechanisms of its own.
Who Does This Legislation Apply To?
The Order applies to producers of beverage products. Whether a person qualifies depends on the RSA’s definitional provisions in section 23M. In other words, the Order does not define “producer” in isolation; it delegates that determination to the parent Act.
Accordingly, legal applicability is fact-sensitive. A practitioner should assess:
- whether the client’s products fall within the RSA’s definition of “beverage product” (via section 23M(1));
- whether the client is described as a producer under section 23M(2); and
- whether the client is excluded under section 23M(3).
It is also important to consider that the exemption is time-bound. Even if a party qualifies as a producer, the exemption only covers the period 12 July 2024 to 31 March 2026. After 31 March 2026, the exemption no longer applies (and the Order is indicated as repealed by a later instrument). Counsel should therefore advise clients on compliance transition planning for the end of the exemption period.
Why Is This Legislation Important?
This Order matters because it affects regulatory compliance obligations under the Resource Sustainability Act 2019. For regulated entities, exemptions can significantly alter operational requirements, reporting burdens, and contractual compliance allocations. If section 23V imposes duties such as reporting, obligations to participate in schemes, or other compliance steps, the exemption would reduce or suspend those duties during the covered period.
From a legal risk perspective, the Order provides a clear statutory basis for non-compliance with section 23V—provided the entity falls within the defined category of “producer of a beverage product” and remains within the exemption timeframe. This is particularly relevant for:
- regulatory audits and enforcement responses;
- internal compliance policies (e.g., whether to continue or pause processes tied to section 23V);
- contracting (e.g., allocating responsibility between brand owners, importers, manufacturers, and distributors); and
- due diligence in mergers and acquisitions, where compliance status and historical obligations may be scrutinised.
Finally, the Order illustrates how Singapore’s regulatory framework uses subsidiary legislation to implement policy adjustments within a broader statutory structure. Even though the Order is brief, it can have material commercial impact. Practitioners should therefore treat it as a compliance “switch” that temporarily changes the legal landscape for beverage producers under Part 4B.
Related Legislation
- Resource Sustainability Act 2019 (RSA2019) — particularly:
- Part 4B (context for section 23V and the exemption)
- Section 23M (definitions of “beverage product” and “producer” categories)
- Section 23V (the obligation from which the exemption is granted)
- Section 50 (the enabling provision for making this Order)
- Resource Sustainability (Exemptions from Part 4B) Order 2024 — as indicated, later repealed by S 127/2026
Source Documents
This article provides an overview of the Resource Sustainability (Exemptions from Part 4B) Order 2024 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.