Transboundary Haze Pollution (Composition of Offences) Regulations 2014 - Legislation Guide
Transboundary Haze Pollution (Composition of Offences) Regulations 2014
Legislation Overview
- Full title: Transboundary Haze Pollution (Composition of Offences) Regulations 2014.
- Legislation number: No. S 620.
- Gazette reference: SL 620/2014.
- Commencement date: 25 September 2014.
- Status: Current version as at 27 Mar 2026.
- Enabling provision: Made in exercise of the powers conferred by section 24 of the Transboundary Haze Pollution Act 2014. [s 24]
- Approval: Made with the approval of the Minister for the Environment and Water Resources. [s 24]
- Core function: To allow the Director-General to compound specified offences under the Transboundary Haze Pollution Act 2014. [reg 2]
Summary
The Transboundary Haze Pollution (Composition of Offences) Regulations 2014 are a short but important piece of subsidiary legislation made under the Transboundary Haze Pollution Act 2014. The Regulations exist for one principal purpose: to identify the offences under the Act that may be compounded by the Director-General. The Regulations state that the Director-General may, in accordance with section 19(1) of the Act, compound offences under section 10(6), section 10(7), or section 14 of the Act. [reg 2]
The Regulations were made under section 24 of the Transboundary Haze Pollution Act 2014, and the opening words of the instrument confirm that the National Environment Agency acted with the approval of the Minister for the Environment and Water Resources. [s 24] The Regulations came into operation on 25 September 2014, which is also the date stated in the citation clause. [reg 1]
Because the text is limited, the Regulations do not define terms, create separate offences, prescribe standalone penalties, or set out exemptions. Instead, they operate as a procedural and administrative instrument that works together with the Act’s composition framework. The key legal effect is that certain offences under the Act may be resolved by composition rather than by full prosecution, but only to the extent permitted by section 19(1) of the Act and the Regulations themselves. [reg 2]
What is the purpose?
The purpose of the Regulations is expressly stated in the preambular words: they are made “in exercise of the powers conferred by section 24 of the Transboundary Haze Pollution Act 2014” and with ministerial approval. [s 24] This indicates that the Regulations are subordinate legislation authorised by the parent Act and intended to implement part of the Act’s enforcement machinery. [s 24]
The substantive purpose is found in regulation 2, which provides that “The Director-General may, in accordance with section 19(1) of the Act, compound any offence under section 10(6) or (7) or 14 of the Act.” [reg 2] In practical terms, the Regulations identify the offences that are eligible for composition. Composition is a mechanism by which an offence may be settled in a manner permitted by the Act, rather than proceeding through the ordinary criminal process. The Regulations do not themselves describe the composition procedure in detail; instead, they rely on section 19(1) of the Act as the governing source for the power and method of composition. [reg 2]
The Regulations therefore serve a narrow but important administrative function. They do not expand the scope of the Act generally. They do not create new substantive duties. They simply specify which offences under the Act may be compounded by the Director-General, and they do so by reference to the Act’s own composition provision. [reg 2]
What are the key provisions?
The Regulations are concise and contain only two numbered provisions. Each provision has a distinct legal role. [regs 1-2]
1. Citation and commencement
Regulation 1 provides that “These Regulations may be cited as the Transboundary Haze Pollution (Composition of Offences) Regulations 2014 and shall come into operation on 25 September 2014.” [reg 1]
This provision performs two functions. First, it supplies the short title by which the instrument may be referred to in legal and administrative contexts. [reg 1] Second, it fixes the commencement date, confirming that the Regulations took effect on 25 September 2014. [reg 1] The commencement date is important because the composition power identified in the Regulations applies only from the date the Regulations came into force. [reg 1]
2. Composition of specified offences
Regulation 2 is the operative provision. It states: “The Director-General may, in accordance with section 19(1) of the Act, compound any offence under section 10(6) or (7) or 14 of the Act.” [reg 2]
This provision is significant for several reasons. First, it identifies the decision-maker: the Director-General. [reg 2] Second, it makes clear that the power is not free-standing; it must be exercised “in accordance with section 19(1) of the Act.” [reg 2] Third, it identifies the offences that may be compounded, namely offences under section 10(6), section 10(7), and section 14 of the Act. [reg 2]
The wording “may” indicates that composition is discretionary rather than mandatory. [reg 2] The Director-General is therefore empowered, but not required, to compound a qualifying offence. The Regulations do not compel composition in any case. [reg 2]
The phrase “any offence under section 10(6) or (7) or 14 of the Act” is important because it limits the composition power to those specified offences only. [reg 2] No other offences are listed in the Regulations. As a result, offences outside those provisions are not brought within the composition regime by this instrument. [reg 2]
The reference to section 19(1) of the Act also shows that the Regulations are intended to operate within the broader statutory framework established by the parent Act. [reg 2] The Regulations do not define the composition process themselves; they simply identify the offences that may be dealt with under the Act’s composition mechanism. [reg 2]
What are the penalties/obligations?
The Regulations themselves do not create any new penalties. No provision in the Regulations prescribes a fine, imprisonment term, default penalty, or other sanction. [regs 1-2] The extracted text also does not contain any exemption clause, savings clause, or separate enforcement mechanism. [regs 1-2]
The practical legal effect of the Regulations is procedural rather than punitive. They identify offences that may be compounded by the Director-General under section 19(1) of the Act. [reg 2] Composition is generally relevant where an offence may be settled in a manner authorised by the Act, and the Regulations confirm that the specified offences fall within that category. [reg 2]
The obligations arising from the Regulations are therefore indirect. The Director-General’s power is constrained by two linked requirements: the power must be exercised by the Director-General, and it must be exercised in accordance with section 19(1) of the Act. [reg 2] In other words, the Regulations do not impose a direct duty on the public at large; rather, they regulate the scope of an enforcement discretion. [reg 2]
Because the Regulations do not contain penalty provisions, any substantive consequences for the underlying offences must be found in the parent Act, not in this subsidiary legislation. The Regulations only determine whether those offences may be compounded. [reg 2]
When did it come into effect?
The Regulations came into operation on 25 September 2014. This is expressly stated in regulation 1, which provides that the Regulations “shall come into operation on 25 September 2014.” [reg 1]
The commencement date is also reflected in the source metadata, which identifies the commencement date as 25 September 2014 and the source document date as 25 September 2014. [reg 1] Accordingly, the Regulations have been in force since that date and are recorded as current in the extracted metadata as at 27 Mar 2026. [reg 1]
Legislation Referenced
- Transboundary Haze Pollution Act 2014 — the parent Act under which the Regulations were made. [s 24]
- Section 24 of the Transboundary Haze Pollution Act 2014 — the enabling provision conferring power to make these Regulations. [s 24]
- Section 19(1) of the Act — the provision governing composition, which the Regulations expressly incorporate by reference. [reg 2]
- Section 10(6) of the Act — one of the offences that may be compounded under the Regulations. [reg 2]
- Section 10(7) of the Act — one of the offences that may be compounded under the Regulations. [reg 2]
- Section 14 of the Act — one of the offences that may be compounded under the Regulations. [reg 2]
Detailed legislative guide
The Transboundary Haze Pollution (Composition of Offences) Regulations 2014 are best understood as a supporting instrument to the Transboundary Haze Pollution Act 2014. Their legal significance lies not in breadth but in precision. The Regulations are limited to the composition of specified offences and do not attempt to restate the wider regulatory scheme of the Act. [reg 2]
The opening words of the instrument are important because they establish legality and authority. The Regulations are made “in exercise of the powers conferred by section 24 of the Transboundary Haze Pollution Act 2014,” and they are made “with the approval of the Minister for the Environment and Water Resources.” [s 24] This means the Regulations derive their validity from the parent Act and from the approval process required by that Act. [s 24]
Regulation 1 is standard but essential. It gives the instrument its formal title and fixes the date on which it becomes legally operative. [reg 1] Without this provision, there would be uncertainty as to the exact date from which the composition power could be exercised under the Regulations. [reg 1]
Regulation 2 is the substantive heart of the instrument. It identifies the Director-General as the authority empowered to compound offences. [reg 2] The use of the word “may” indicates discretion, which is consistent with the nature of composition powers in administrative enforcement. [reg 2] The Director-General is not obliged to compound every qualifying offence; rather, the Director-General may decide whether composition is appropriate in a given case, subject to section 19(1) of the Act. [reg 2]
The offences listed in regulation 2 are narrowly drawn. Only offences under section 10(6), section 10(7), and section 14 of the Act are included. [reg 2] This specificity matters because it prevents the composition power from being assumed for other offences under the Act. The Regulations therefore operate as a selective authorisation, not a general amnesty or blanket settlement mechanism. [reg 2]
The reference to section 19(1) of the Act is also legally significant. By stating that the Director-General may compound offences “in accordance with section 19(1) of the Act,” the Regulations incorporate the procedural and substantive limits of the parent Act’s composition regime. [reg 2] The Regulations do not displace the Act; they depend on it. [reg 2]
No definitions are provided in the Regulations. [regs 1-2] This is unsurprising given their limited scope. The instrument uses terms such as “Director-General,” “compound,” and “offence under section 10(6) or (7) or 14 of the Act,” but it does not define them independently. [reg 2] Those concepts must therefore be understood by reference to the parent Act and the ordinary legal meaning of the terms. [reg 2]
No penalties are set out in the Regulations. [regs 1-2] That omission is deliberate and consistent with the Regulations’ function. The Regulations are not the source of the underlying offence or punishment; they are the source of the composition authority. Any penalty for the substantive offences remains governed by the Act itself. [reg 2]
No exemptions are included in the extracted text. [regs 1-2] Likewise, no amendment history appears in the extracted material. [regs 1-2] The instrument therefore presents as a focused, self-contained regulation that has remained current without the need for amendment in the extracted version. [reg 1]
In summary, the Regulations are a concise enforcement instrument. They were made under section 24 of the Act, commenced on 25 September 2014, and empower the Director-General to compound specified offences under the Act in accordance with section 19(1). [s 24][reg 1][reg 2] Their legal effect is limited but important: they identify the offences that may be resolved through composition, thereby supporting efficient enforcement of the Transboundary Haze Pollution Act 2014. [reg 2]
Source Documents
This article analyses for legal research and educational purposes. It does not constitute legal advice. Readers should consult the full judgment for the Court's complete reasoning.