3 of 7 companies served with haze enforcement notice had received similar notices in 2015: Grace Fu

Enforcing actions against companies involved in causing transboundary haze will not be easy, but Singapore “must try” in order to protect Singaporeans, said Minister for Sustainability and the Environment Grace Fu.

Fu was speaking during the government’s Oct. 16 press conference on the ongoing transboundary haze situation.

During the conference, the minister named seven Indonesian companies that will be sent preventive measure notices under the Transboundary Haze Pollution Act (THPA).

Of the seven, three companies — PT Bumi Andalas Permai, PT Bumi Mekar Hijau and PT SBA Wood Industries — were served similar preventive measure notices in 2015.

National Environment Agency (NEA) previously said that investigations into those companies are still ongoing.

Previously, a Greenpeace report linked Singapore-listed palm oil companies Bumitama Agri and First Resources, as well as privately held First Borneo Plantations, to Indonesian plantation concessions.

What do the notices do?

These notices inform the seven companies to deploy firefighting personnel to stop and prevent the spread of any fires on land owned or occupied by them, discontinue, or not commence any burning activities on such land.

They must also submit action plans to NEA to extinguish any fires on their lands and/or prevent their recurrence.

At the press conference, Fu was asked what the effect of the preventative measure notices was, what Singapore could actually do to enforce them, and if the firms involved would comply.

Fu replied that Singapore would “keep all options open,” and options such as “fines or charges” were “all within our realm of consideration".

Enacted in 2014, the THPA allows the Singapore government to issue a fine of up to S$100,000 to an entity found guilty of causing haze for every day or part of a day that there is haze pollution in Singapore.

Fu shared that the government continued to learn from the 2015 enforcement cases and would improve on them.

"We will continue to monitor the situation and the companies' responses to these notices where warranted."

Who are the companies involved?

The seven companies are located in Sumatra, Fu said.

As to their owners, links and relationships, Fu said such information cannot be disclosed at this time as they have to be investigated.

CNA reported that of the seven companies named by NEA on Oct. 16,  three of them — PT Bumi Andalas Permai, PT Bumi Mekar Hijau, and PT SBA Wood Industries — were identified as suppliers to Asia Pulp & Paper, which is part of Indonesia’s Sinar Mas group.

These three had similarly served preventive measure notices in 2015.

PT Bumi Andalas Permai is also facing a lawsuit filed by Indonesia’s Ministry of Environment and Forestry over allegations that it deliberately caused fires on peatlands.

Diplomatic implications

Another report by CNA highlighted the difficulties faced by Singapore when taking legal action against companies responsible for the current haze situation.

Some legal experts pointed out that there could be diplomatic implications for such actions.

The National University of Singapore’s (NUS) associate professor Jolene Lin said Singapore — being on the receiving end of the harmful effects of forest fires — may have the right to take legal action.

But previous attempts to use the THPA in 2015 led to unhappiness in Indonesia, with some saying that Singapore “was infringing upon Indonesia’s sovereignty”, she added.

Associate professor of law Michelle Lim of the Singapore Management University similarly noted the issues with taking legal action against companies operating in the territory of “a close and powerful neighbour".

Even Singapore’s ability to obtain information about the companies and their actions depends on what Indonesia would facilitate or allow, she said.

The issue of tackling haze is expected to come up in the next Parliament sitting in November, with Workers' Party (WP) MPs He Ting Ru and Kenneth Tiong having said they have raised a motion and filed questions respectively.