Singapore Prime Minister Wong Says Companies Causing Haze Will Face Action Under the Transboundary Haze Pollution Act, and the National Environment Agency Notifies 7 Indonesian Companies of Preventive Measures
Lawrence Wong, Prime Minister of Singapore, stated on the night of October 15 (Singapore time, midnight on the 16th Korea time) in connection with haze caused by Indonesian forest fires that "we are investigating companies that may be responsible" and that "if necessary, we will take action under Singapore's Transboundary Haze Pollution Act." The next day, on the 16th, Grace Fu, Minister for Sustainability and the Environment, announced that the National Environment Agency (NEA) would send a 「Preventive Measure Notice」 under this law to 7 companies in Indonesia. At 3 p.m. on the same day, Singapore's 24-hour Pollutant Standards Index (PSI) was 157–229 by region, the highest level this year on the National Environment Agency's tally.
Prime Minister Wong's Remarks
Prime Minister Wong posted a series of posts on his X account. First, he said "the worsening haze is affecting all of us," and stated that N95-grade masks would be distributed to vulnerable groups and air-conditioned shelter spaces would be opened at community centres and elsewhere.
https://x.com/LawrenceWongST/status/2110747538500550763
On the cause, he said "the haze originated from forest and peatland fires in Indonesia and was worsened by a long dry season," and that "we offered support to Indonesia and will cooperate closely with Indonesia and ASEAN partners".
https://x.com/LawrenceWongST/status/2110747578128359551
He then stated, "we are simultaneously looking into companies that may be responsible for the fires," and that "where necessary, we will take action under the Transboundary Haze Pollution Act and also seek joint measures with other countries". Finally, he added, "we cannot directly control the weather or what happens beyond our borders, but we will do everything we can to protect our people".
https://x.com/LawrenceWongST/status/2110747649930588580 https://x.com/LawrenceWongST/status/2110747939115258042
The National Environment Agency's Notice to 7 Companies
The Straits Times and CNA reported Minister Fu's press conference. Minister Fu said at the press conference on the 16th that "investigations so far suggest that some of the haze Singapore is experiencing originated from fires on land of 7 Indonesian companies." According to the Minister, the notice requires three things. They are to deploy firefighting personnel to extinguish fires on their own land or prevent them from spreading, to stop burning or not start burning, and to submit firefighting and recurrence prevention plans to the National Environment Agency. The Minister said the 7 companies are in Sumatra.
This measure is at the 「Preventive Measure Notice」 stage. It is not a prosecution or imposition of a fine, and it is also not a court judgment that the companies are responsible. Prime Minister Wong's expression was also "action where necessary." Minister Fu said, "based on information and evidence, we will take further action under this law if necessary."
The Numbers: The Pollutant Standards Index
According to hourly notices on the National Environment Agency's official X account, at 3 p.m. on October 16 (4 p.m. Korea time), the 24-hour PSI was 157–229, and the 1-hour fine particulate matter (PM2.5) concentration was 109–182㎍ per ㎥. On the National Environment Agency's standard, PSI 201–300 is the 「very unhealthy」 band. The National Environment Agency forecast the PSI for the 17th (Saturday) at 150–230. Minister Fu said the PSI could rise to the 「hazardous」 level exceeding 300, and that it would improve in the inter-monsoon transition period beginning in 3–4 weeks when winds weaken.
The Indonesian Side
Indonesia's National Disaster Management Agency (BNPB) posts the forest and land fire response situation by date on its official X account. In a post on the same day, it stated that it was testing a new cloud-seeding method using dry ice. Local media reported, citing Foreign Minister Armanatha Nasir, that President Prabowo Subianto approved receiving foreign support for forest fire suppression on the 15th. That approval reached the public through local reporting citing the Foreign Minister, not in an Indonesian government announcement. Minister Fu said on the 16th that she had again proposed firefighting support and cloud seeding to Indonesia's Minister of Environment but that she had "not yet received an answer." The Indonesian government had issued no official position on Singapore's company notices.
The Transboundary Haze Pollution Act came into force in September 2014. It is a law that makes it possible to hold legally responsible a company that causes or contributes to haze pollution in Singapore even if the act occurred outside Singapore. Because it targets companies on another country's land under its own law, it touches on diplomatic issues.
The past precedent is 2015. During the Southeast Asian haze that year, Singapore's 1-hour PM2.5 rose sharply, and the National Environment Agency sent notices to Indonesian companies under this law. Local reporting said this week's western region 1-hour PM2.5 (288 at 3 p.m. on the 14th) was the highest since 2015. The 「highest since 2015」 comparison is local reporting's expression.
The Basis Law: Articles of the Transboundary Haze Pollution Act
Looking at the original legal text published on the Singapore Statutes Online, the legislation site under Singapore's Ministry of Law, the basis for this notice is Section 9. The fine unit is Singapore dollars. Section 9(1) provides that when, because of land and forest fires outside Singapore, air pollution occurs in Singapore or another country, and, based on satellite information and wind speed, wind direction, and meteorological information, the smoke appears to be coming to Singapore, the Director-General of the National Environment Agency may give a preventive measure notice to a company that the Director-General "judges to be directly or indirectly involved in causing or likely to cause the haze pollution." Subsection 2 defines the notice as a 「written request」 and gives as examples of requirements the deployment of firefighting personnel, cessation and prohibition of starting burning, and submission of firefighting and recurrence prevention plans. The three requirements Minister Fu stated on the 16th are the same as the examples in this section.
The penalty provision is Section 5. If an owner or occupier of land outside Singapore engages in an act that causes or contributes to haze pollution in Singapore, or condones such an act, an offence is established. A company participating in the management of the land-owning company is also subject to punishment. If convicted, a fine of up to 100,000 Singapore dollars may be imposed for each day (or part of a day) on which there was haze, and if failure to comply with a preventive measure notice is proved, up to an additional 50,000 Singapore dollars per day may be imposed, and the total fine may not exceed 2,000,000 Singapore dollars. This notice is a prior stage separate from this penalty procedure, and to date no company has been prosecuted in this case.
Regional Agreement: The ASEAN Agreement on Transboundary Haze Pollution
Transboundary haze is also addressed by an ASEAN-level treaty. According to the ASEAN Secretariat, the ASEAN Agreement on Transboundary Haze Pollution was signed by 10 member states in Kuala Lumpur on 2002-06-10 and entered into force on 2003-11-25. The Secretariat introduces this agreement as "the first regional agreement binding neighbouring countries to respond to transboundary haze from land and forest fires." The agreement includes monitoring, assessment, and prevention; technical cooperation; coordination mechanisms; and simplification of customs and immigration procedures during disaster assistance. Indonesia is listed on the Indonesian Supreme Audit Agency's legal information network (JDIH BPK) as having ratified this agreement by Law No. 26, enacted and implemented on 2014-10-14. The "cooperation with ASEAN partners" mentioned by Prime Minister Wong can be seen as referring to this agreement framework, but the agreement's name does not appear directly in the Prime Minister's post.