TRANSBOUNDARY HAZE POLLUTION
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defendant's knowledge or consent, or contrary to the accused's or defendant's wishes or instructions; but that other person cannot be—
- (a) any employee or agent of the accused or defendant (as the case may be);
- (b) any person engaged, directly or indirectly, by the accused or defendant (as the case may be) to carry out any work on the land owned or occupied by the accused or defendant, and any of that person's employees; or
- (c) any person who has a customary right under the law of a foreign State or territory outside Singapore as regards the land in that foreign State or territory and with whom the accused or defendant (as the case may be) has an agreement or arrangement, which agreement or arrangement relates to any farming operations or forestry operations to be carried out by any person in respect of that land.
(3) It shall also be a defence to a prosecution for an offence under section 5(1) for engaging in conduct which condones any conduct by another entity or individual which causes or contributes to any haze pollution in Singapore, and to a civil claim for a breach of duty under section 6(1) not to engage in conduct condoning any conduct by another entity or individual which causes or contributes to any haze pollution in Singapore, if the accused or defendant (as the case may be) proves, on a balance of probabilities, that—
- (a) the accused or defendant took all such measures as is (or was at the material time) reasonable to prevent such conduct by the other entity or individual; and
- (b) if the conduct by the other entity or individual already occurred, the accused or defendant took all such measures as is (or was at the material time) reasonable to stop that conduct from continuing or to substantially reduce the detriment or potential detriment to the environment in Singapore or its use or other environmental value, or the degradation or potential degradation to the environment in Singapore, due to the other entity's or individual's conduct.
