HAZARDOUS WASTE (CONTROL OF EXPORT, IMPORT AND TRANSIT) BILL

Order for Second Reading read.

The Minister for the Environment (Mr Yeo Cheow Tong): Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

Sir, this Bill seeks to provide for the regulation of the export, import and transit of hazardous and other wastes, and for related purposes.

On 2nd January 1996, Singapore acceded to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. The Convention came into force in Singapore on 1st April 1996. Currently, 113 countries and the European Union are Parties to the Basel Convention. Besides Singapore, four other ASEAN countries, namely, Indonesia, Malaysia, Philippines and Vietnam have also ratified the Convention.

Sir, this Bill will enable us to fulfil our obligations under the Basel Convention. Before I proceed to highlight the major provisions of the Bill, I would like to inform the House of our obligations under the Convention.

First, as a Party to the Convention, we will not permit the export of hazardous and other wastes to Parties which have prohibited the import of such wastes.

Second, we will take appropriate measures to ensure that the generation of hazardous and other wastes within Singapore is reduced to a minimum. We must have adequate facilities to treat and dispose of the wastes in an environmentally sound manner. We will ensure that transboundary movements of hazardous and other wastes are reduced to a minimum. Transboundary movements will be conducted in a manner that will protect human health and the environment against any adverse effects which may arise from such movements.

Third, we will prevent the import of hazardous and other wastes if we have reasons to believe that the wastes in question will not be managed in an environmentally sound manner.

Fourth, we will consider that illegal traffic in hazardous or other wastes is criminal.

Fifth, we will not permit hazardous and other wastes to be exported to a non-Party or to be imported from a non-Party. However, Article 11 of the Convention allows us to trade hazardous and other wastes with a non-Party if we enter into a bilateral agreement with the non-Party. The provisions of such agreement must not be less environmentally sound than those provided for by the Convention.

Sir, although Singapore only acceded to the Convention in January 1996, the Government has all along been deeply concerned with the potential threat posed by hazardous wastes. My Ministry has been regulating the generation, collection, transportation and disposal of such wastes through the Environmental Public Health (Toxic Industrial Waste) Regulations.

In 1996, about 64,000 tonnes of hazardous wastes were generated by a wide range of industries, ranging from motor vehicle workshops to the large petroleum refineries and petrochemical complexes in Singapore. The hazardous wastes included spent acids, solvents and etchants, waste oils, pathogenic wastes and so on. These hazardous wastes are a potential public health problem. We need to comprehensively manage them to avoid contaminating our precious water resources, waterways and scarce land resources.

Currently, most of the hazardous wastes generated in Singapore are collected for specialised treatment and disposal locally. However, small quantities of wastes, such as PCB (polychlorinated biphenyl), spent Nickel-Cadmium batteries, spent catalysts, chlorobenzene wastes, and so on, are exported to countries such as the United Kingdom, France and Japan for treatment and recycling. We lack the facilities to treat and recycle these wastes here. Such wastes are exported with the prior approval of the environmental authorities of the importing countries.

The Environmental Public Health (Toxic Industrial Waste) Regulations were promulgated for the control of hazardous wastes within Singapore. They are consequently limited in scope and intent. This Bill enables us to fulfil our obligations under the Convention. In preparing the Bill, officials from my Ministry and the Attorney-General's Chambers studied the legislation of developed countries, like Australia, and adopted or adapted provisions which were relevant and appropriate.

This Bill will provide a legal framework for the control of hazardous wastes and regulate the transboundary movements of such wastes through Singapore. The Bill also sets out the requirements and procedures for the export and import of hazardous wastes with non-Parties of the Convention. It will act as a deterrent against illegal trafficking of hazardous wastes.

Sir, I shall now highlight the major provisions that are being introduced in this Bill.

Definition of Hazardous Wastes and Other Wastes

Clause 4 of the Bill covers all the hazardous wastes that are listed in the Basel Convention.

Under the Convention, if a Party to the Convention classifies as hazardous, a waste which is not listed in the Basel Convention, the waste shall be deemed to be a hazardous waste. This requirement is provided for in clause 5. Control of Export and Import of Hazardous and Other Wastes

Clauses 25 and 26 of the Bill allow ENV to impose full and complete control on the export and import of hazardous and other wastes. Under these clauses, any person who intends to export any hazardous waste or other wastes from Singapore will need to apply for an Export Permit from my Ministry. Environment will issue an Export Permit to the applicant provided that -

(a) the State of Import is a Party to the Convention or has a bilateral agreement to trade hazardous and other wastes with Singapore if the State of Import is not a Party to the Convention, as allowed for in the Convention;

(b) there are no suitable treatment and disposal facilities for such wastes in Singapore;

(c) a Prior Informed Consent from the Competent Authority of the State of Import as well as the States of Transit, if the wastes are transited through other states, must be obtained; and

(d) the wastes can be treated and disposed of in an environmentally sound manner in the State of Import.

Similarly, any person who intends to import any hazardous or other wastes into Singapore will need to apply for an Import Permit from my Ministry. ENV will issue an Import Permit to the applicant provided he is able to comply with all the specified conditions.

Control of Transit of Hazardous and Other Wastes

Sir, under clause 6 of the Bill, transit means to bring hazardous or other wastes into Singapore for the purpose of being carried to a foreign country.

Under clause 27, any person who intends to bring such wastes into Singapore for transit to another country will need to apply for a Transit Permit from my Ministry. The requirement will cover the following situations:

First, vessels bringing in hazardous and other wastes into and leaving Singapore waters without unloading the wastes.

Second, vessels unloading hazardous and other wastes in the port and the wastes are subsequently re-loaded onto another vessel for another country.

ENV will issue a Transit Permit to the applicant provided that -

(a) the applicant has the proper documents pertaining to the export and import of the wastes from the States of Export and Import; and

(b) the wastes can be transported safely through Singapore.

Trading of Hazardous and Other Wastes with Non-Party States

Article 11 of the Convention allows for a Party to trade hazardous and other wastes with a non-Party provided that both Parties enter into a bilateral agreement or arrangement whose provisions are not less environmentally sound than those provided for by the Convention.

Clause 7 provides for Singapore to enter into an agreement or arrangement with a non-Party to trade in hazardous and other wastes. Such agreements or arrangements, if made, shall be published in the Government Gazette.

Clause 19 of the Bill allows the Minister to make regulations to give effect to such Article 11 arrangements.

Environmentally Sound Management of Hazardous or Other Wastes

The Convention requires that Parties treat and dispose of hazardous and other wastes in an environmentally sound manner. This means taking all practical steps to ensure that the waste is managed in a manner that will protect human health and the environment against the adverse effects that may result from such wastes. This requirement is provided for in clause 8 of the Bill.

Clause 17 provides for the Minister to make regulations for guidelines and standards for any person who intends to carry out treatment and disposal of hazardous or other wastes in an environmentally sound manner in Singapore. Exemption of Naval Vessel, Military Aircraft, etc.

The Convention does not apply to any vessel or aircraft belonging to the naval, military or air forces of Singapore or any other country. This is because the Basel Convention is not meant for the control of movements of naval vessels or military aircraft.

In line with the Basel Convention, clause 12 exempts any vessel or aircraft belonging to the naval, military or air forces of Singapore or any other country from the provisions of this Act.

Act Binds the Government

Sir, clause 13 of the Bill binds the Government. In other words, Government departments and statutory boards are not exempted from compliance with the provisions of the Bill.

Prohibition of Import, Export and Transit

Clauses 25 to 27 of the Bill prohibit the unauthorised import, export and transit of hazardous or other wastes. Any person who imports, exports or transits hazardous or other waste without a Permit shall be guilty of an offence. In the case of an individual, the maximum penalty is $100,000 or an imprisonment for a term not exceeding two years or both. In the case of a company, the maximum fine is $300,000 and the directors, managers or other similar officers of the company may also be charged in court for the offence.

Sir, the stringent penalties are necessary to deter illegal trafficking and dumping of hazardous and other wastes.

Liability and Compensation

Currently, a Legal Working Group has been set up under the Basel Convention to develop a protocol on liability and compensation to deal with damages arising from the transboundary movements of hazardous or other wastes. The protocol has yet to be completed.

Clause 17 enables ENV to make regulations to give effect to the protocol when it is completed and accepted by Singapore.

Notwithstanding this, clause 48(d) allows the Minister to make regulations to deal with such incidents and recover costs from the offenders.

Enforcement

Clauses 28 to 34 empower the Director and other authorised officers to take enforcement actions against persons engaging in activities that could be or are in contravention of the provisions of this Act.

Regulations

Clause 48 empowers the Minister to make regulations on matters under the Act. The maximum penalty prescribed for the regulations shall not exceed a fine of $10,000 or to imprisonment for a term not exceeding one year or both. In the case of a continuing offence, the penalty is a further fine not exceeding $1,000 for every day or part of the day during which the offence continues after conviction.

Conclusion

Sir, my Ministry has always been conscientious in regulating the generation, movement and disposal of hazardous and other wastes. We have ensured that no hazardous wastes generated in Singapore have been exported to other countries without the consent of the receiving country. We have not allowed our industries to dump their toxic wastes overseas, as we follow very closely such wastes from generation to treatment to disposal.

The enactment of this Bill is timely as Singapore enters the next lap of industrialisation. Other countries, particularly those in this region, are also undergoing rapid industrialisation. More and varied hazardous wastes will inevitably be generated from the new industries in Singapore and other countries. This Bill will tighten the control of import, export and transit of hazardous and other wastes. Proper control will minimise, if not prevent, illegal trafficking and indiscriminate dumping of such wastes.

This Bill is of particular importance also as Singapore is a major transhipment centre. It will enhance our enforcement powers against unauthorised transhipment of such wastes through Singapore.

With the Bill, we will be able to fulfil Singapore's obligations fully under the Basel Convention.

My Ministry has actively sought the views and inputs of MTI, MinCom, the Maritime Port Authority, PSA, EDB and TDB as well as the private sector during the preparation of the Bill. All parties have given their general agreement and support to the Bill.

Sir, I beg to move.

Question proposed.

Mr Heng Chiang Meng (Cheng San): Sir, thank you very much for giving me this opportunity to speak.

Sir, I support the Bill not only because it is a necessary consequence or consequential legislation so as to give legal effect to the fact that Singapore is now a signatory to the Basel Convention but, more importantly, as a small country with no hinterland and with major international sea and air ports, it is in our own interest that we support the international control of the transport of hazardous waste.

Sir, the Minister in his address has stated that, under the obligations of the Convention, we would take the necessary measures to ensure that the generation of hazardous waste, both in terms of quantity and hazard potential, would be reduced to a minimum. Sir, that is good. But there are those who do not generate hazardous waste as part of their normal business but use equipment containing hazardous substances. For example, although radioactive substances are not covered under this Bill but under other legislation, in nature, they are certainly no less hazardous than substances and wastes covered under this Bill. I would therefore like to ask the Minister how we should control the disposal of equipment, especially medical and laboratory equipment, containing such hazardous substance. Without strict control, Sir, such substance may become part of the normal mainstream garbage which, in our case, may be incinerated, thereby poisoning our environment. Sometimes, it is used as landfill, thereby affecting our land and water supplies, or even recycled, thereby affecting all those coming into contact with the recycled material.

Sir, as I have said earlier, radioactive substances are not covered under this Bill. Because of the ease of such substance, through the example I gave earlier, it could leak into the collection of mainstream garbage. It is important that the Minister assures this House and the people of Singapore that all equipment containing radioactive substances are properly controlled in Singapore.

Sir, as an added control, I would like to ask whether we have radiation detecting equipment at our central rubbish dumps. If not, could the Ministry look into the procurement of such equipment to make sure that the rubbish that we collect do not contain any radioactive material?

Sir, coming back to this Bill, I would like to seek the following clarification from the Minister. (1) Do we require registration of all those who generate hazardous wastes? If not, how do we prevent hazardous waste from becoming part of the mainstream garbage? (2) Do we require that some type of hazardous wastes must be exported? Sir, we must remember that Singapore is a small country and perhaps there are some hazardous wastes that should not be disposed of in Singapore. (3) The Minister has already mentioned that Singapore is a major transit point. Therefore it is important for us to control transit of hazardous wastes. He has given some comments on how such transit items could be controlled. While I can safely presume that there will be adequate control of legal transit of such wastes through Singapore, what about illegal traffic of hazardous wastes? How do we control this and how do we deal with illegal traffickers?

It appears to me that while we punish drug traffickers with the death sentence, the punishment for illegal hazardous wastes trafficking is comparatively light. Despite what the Minister has said that companies will be fined a maximum of up to $300,000 and individuals will be fined up to $100,000 or a maximum jail sentence of two years, I think for these people who illegally traffic in hazardous waste, thereby affecting not only the environment, but also generations of Singaporeans to come, the punishment is not stringent enough as compared to those who deal in illegal drug trafficking. So I would advocate heavier punishment on the individuals concerned. After all, in the final analysis, Sir, it is the individual who is responsible, not a faceless corporate body.

With that, I support the Bill.

Assoc. Prof. Low Seow Chay (Chua Chu Kang): Mr Speaker, Sir, from the term "hazardous waste", it is implied that the substance concerned has no commercial value and, if accidentally released or improperly disposed of, it would endanger life and cost long-term contamination to our environment. In hazardous waste management, proper and professional effort is needed in waste handling, tracking, storage, treatment and disposal. It helps to ensure that there is no accidental release of the waste and the waste does not fall into the wrong hands, which would lead to illegal disposal for financial gain. The actual treatment of hazardous waste and its subsequent disposal could be quite costly, and it will also add cost to the production. Unscrupulous businessmen and waste treatment companies might take advantage of the lack of control in places where the anti-pollution laws are not effectively put in place and dump the waste over there. I did come across a newspaper report that drums of industrial waste were just dumped next to a children's playground in a foreign country.

With the introduction of the Bill, Singapore, once again, plays a responsible role as a world citizen to help in preventing environmental pollution. This Bill plays a very important role in controlling the movement of transboundary hazardous waste to assist the world community in tracking and prevention of illegal movement of hazardous waste which would eventually lead to illegal dumping.

This Bill also helps us by ensuring that no hazardous waste would be illegally imported into Singapore, and no one could possibly carry out illegal waste treatment activities without the knowledge of the Government, because from now onwards, all imported wastes will be tracked.

Handling and management of hazardous wastes, while the wastes undergo transboundary shipment, is one of the important issues. We should not only be concerned about the tracking of the movement of the waste, but also how the waste is handled and stored during shipment. Mishandling could result in damage of the container and cause leakage of the waste. In case of fire, the waste could be released into the atmosphere and the impact on the environment could be worse than illegal ground dumping. We should therefore need other laws to deal with the handling and storage of the waste in the process of shipment. A severe penalty should be considered if the waste is mishandled during its shipment.

In the Bill, it is stated that both the individual and the corporation could possibly be penalised. I would like to ask the Minister whether both parties will be charged if anyone should have flouted the regulations. I believe that to sentence an individual with a mandatory jail term would be a more effective deterrent than just asking the corporation to pay the fine.

In the Bill, it is stated that the maximum penalty is $300,000. In the case of accidental release of the waste due to mishandling, the cost of the clean-up to contain the pollution, the loss of lives and the long-term impact on the environment could be much more than the penalty of $300,000. I would like to ask the Minister whether the offenders could be asked to pay for the cost resulting from the pollution created by them.

This Bill does exclude marine and radioactive wastes. Could the Minister enlighten the House on whether there are other Acts that effectively control the transboundary shipments of these types of wastes? The latter, I believe, could be much more hazardous compared with those mentioned in the Bill.

Sir, I support the Bill.

Mr Simon S. C. Tay (Nominated Member): Mr Speaker, Sir, this is an important Bill. The Bill deals with wastes that present serious environmental and health hazards, unless they are dealt with in an environmentally sound manner. The illegal trade in such wastes, both world-wide and Asia, is real and serious. There has been a lack of internationally accepted definition of what exactly constitutes "hazardous wastes" and what should be done about them. Such a lack of international understanding can lead to misunderstandings.

Not too long ago, a Singapore company was alleged to have dumped detergent waste called "soap noodle" on a neighbouring island. This was resolved when Singapore agreed to ship the substances back, although under our laws, they are not considered toxic. By following the Basel Convention, this Bill incorporates international standards and approaches to an international problem into our national laws. It is further evidence that Singapore is a good citizen of the international community. Hopefully, there will be fewer misunderstandings with neighbouring states over what can or cannot be exported.

The Bill reassures ASEAN and other neighbours that Singapore will follow international practice as regards movement of hazardous wastes. We are one of the most industrialised nations in the region. We are one of the leading ports. Without these safeguards, our companies may otherwise be suspected of foisting hazardous wastes on neighbours unknowingly, while our port may become a transhipment centre for such wastes. By enacting this legislation, we acknowledge state responsibility for transboundary environmental damage from hazardous wastes. With this Bill, it is now Singapore's duty to help ensure that our neighbours do not suffer environmental and health damage. A UN report has recognised that Singapore is one of the few countries in the region that has a legal, institutional and manpower capabilities to manage hazardous wastes properly.

Mr Speaker, I want to emphasise that these duties are not taken on without some cost. The generation of hazardous waste is inevitable from certain industrial processes. If they are generated in Singapore, such wastes must either be treated and disposed of in Singapore or they must be exported for the same. When we change the laws on export, therefore, this can have an impact on our local environment. When we mandate new rules for industry in dealing with such wastes, it can also have an effect on our economic competitiveness. The Bill will require close coordination between the Environment Ministry and economic agencies and I am glad to hear from the Minister today that this has been done in the drawing up of this Bill.

Having emphasised the importance of the Bill, I wish to seek the assurance of the Minister on five matters. First, compliance of the Basel Convention. I ask for the Minister's reassurance that Singapore will comply with the Convention in both letter and spirit. In particular, there are three key essentials of the Basel Convention that are missing from the Bill as presently drafted. These are:

(1) Prior Informed Consent (Article 6 of the Convention) that Singapore must inform the receiving state of the nature of the waste and has received its prior consent to the shipment.

(2) The prohibition of export to a country that is not party to the Convention; and

(3) The duty to reimport wastes which have not been properly exported and the duty not to export wastes if the Government has reason to believe they will not be managed in an environmentally sound manner by the receiving country. None of these key essentials are specifically embodied in the Bill in its present form. Additionally, while the Bill should cover exports from Singapore to a territory of another state, it is not clear if it also covers the exclusive economic zone of that state. This should be clarified.

By clause 17 of the Bill, however, the Minister is given the power to enact regulations to give effect to the Convention. I ask for the Minister's assurance that these vital principles of the Basel Convention would be observed, either by amendment to the Bill before it is passed by this House or in subsequent regulations he will make.

The second point I wish to make and seek the Minister's assurance on is something he has already given; that consultation with the industry has been fully considered. There is one remaining issue on this point. This is with regard to new and potential investors. I ask the Minister to clarify if the criteria set out in this Bill will be screened in future investments. I ask this particularly as there is no law at present in Singapore that mandates the assessment of the environmental impact of such potential investors.

The third point I wish to make and ask the Minister's reassurance is for clarity for applicants for permits. Sir, this Bill mandates businesses to apply for permits for export, import and transit. I seek the Minister's assurance that this procedure will be simple, transparent and as even handed as possible, with the minimum of administrative discretion. In this regard, I would draw the Minister's attention to section 17 of the Australian equivalent to this Act - the Hazardous Wastes (Regulations of Exports and Imports) Act, 1989 of Australia. In that section, the Australian Act stipulates that the Minister must grant the permit upon being satisfied of certain conditions stated therein. There is no equivalent in our Bill. While I understand the Minister may be reluctant to bind himself, this would surely provide a greater degree of certainty for businesses in obtaining the necessary permits.

My fourth point is with regard to Article 11 arrangements. Under the Basel Convention, as the Minister has stated, Singapore cannot trade in hazardous wastes with parties that are not also parties to the Basel Convention. Article 11 is an exception that allows bilateral, multilateral or regional agreements. The Bill, as is presently drafted, places considerable emphasis on such Article 11 arrangements. I wish to ask the Minister whether Singapore has entered or is negotiating such agreements. If so, I seek his assurance that such Article 11 agreements will abide by the same high standards found in the Basel Convention.

My fifth and final point, Mr Speaker, is that there should be a review of laws regarding the domestic treatment of hazardous wastes. Singapore has enjoyed a very good reputation regarding the domestic treatment of hazardous wastes. The Bill, however, puts additional procedures for those seeking to export hazardous wastes. In these circumstances, there will be a greater tendency to treat wastes in Singapore or to dump it. The Environmental Public Health Toxic Industrial Waste Regulations of 1988, as amended most recently in 1996, must be looked at to harmonise these regulations on national law with the present Bill regarding import and export. Otherwise, we run the temptation to improperly dispose of wastes in Singapore, rather than adhering to procedures for export or proper treatment. In this regard, I wish particularly to point out that it seems the penalty under the Environmental Public Health Regulations of 1988 is a maximum of $10,000 or imprisonment of 12 months, or both. This is in section 24 of the Act, as amended in 1996. In comparison, the present Bill sees a maximum fine of $100,000 for individuals and $300,000 for corporations. I therefore urge that the penalties under the Environmental Public Health Regulations be reviewed to harmonise with the present Bill.

I would be grateful for the Minister's response, Mr Speaker.

Mr Speaker: Order. I suspend the Sitting and will take the Chair again at 2.55 pm.

Sitting accordingly suspended at 2.27 pm until 2.55 pm. Sitting resumed at 2.55 pm

[Mr Speaker in the Chair]

Debate resumed.

Mr Yeo Cheow Tong: First, let me thank the three Members of the House who have spoken in support of the Bill. They have recognised that the Bill is a very important one because it safeguards not just Singapore from hazardous wastes but also safeguards the region from wastes which are transhipped either through Singapore or which originated from Singapore.

Sir, Mr Heng Chiang Meng has raised quite a few points. Let me answer them one by one. As he has rightly pointed out, the Bill does not cover hazardous wastes which are related to either ship-borne wastes or radioactive wastes as well as wastes which are contained in instruments which may not have been generated by the user but which are inherent as part of the features of the equipment. Sir, these items are controlled under other legislation. For example, ship-borne wastes are controlled by the International Convention for the Prevention of Pollution from Ships or MARPOL and this comes under MINCOM. Radioactive wastes are governed by the International Atomic Energy Agency and its regulations and conventions. In Singapore, radiation and radioactive products are covered under the Radiation Protection Act, which is under the privy of the Radiation Protection Inspectorate of the Ministry of Health.

Let me explain how these items are controlled. In terms of radioactive equipment, all imports of radioactive equipment require permits to be granted or issued by the Radiation Protection Inspectorate. As part of the granting of the permit, for those radioactive substances which have long half-lives, and therefore cannot be dumped, we will require that the country of export is obliged to take back the radioactive wastes that result from the use of this instrument. So we are covered. There are other items, of course, which have very short half-lives. We will allow those to be dumped because the half-lives could be in terms of a matter of days and therefore they do not pose any health hazard to Singaporeans if they are dumped.

In terms of equipment with hazardous chemicals, similarly, we will require the user, when he imports such equipment, to undertake to have those chemicals disposed of either internally within the company or disposed of through the registered toxic waste collectors. So in this way we ensure that all those equipment that either result in the generation of toxic waste or which require chemicals which are toxic are properly controlled.

He has also asked how we register those companies that are generating hazardous wastes. Sir, as part of the duties of the Ministry of the Environment, we require all new industries, before they set up their operations in Singapore, to obtain clearance from the Ministry. And as part of the process of obtaining the clearance, we will require them to furnish to us full details of the chemicals they use in the process, the process itself and the chemicals that are released as a result of their manufacturing processes. In this way, we are able to track both toxic chemicals that have to be used or imported as well as the toxic and hazardous substances that are the result of the processes. We will also require them to let us know how they intend to treat the hazardous materials that are released as a result of their processes. They can either do it in-house or they will have to get the services of one of their licensed toxic collectors who will then dispose of the chemicals for them. So in this way we ensure that whilst, as I mentioned just now, about 64,000 tonnes of hazardous wastes were created in Singapore, we have full control over all these wastes and we are able to ensure that they are disposed of in a manner which does not pose any health hazards to human beings as well as to the environment.

Sir, Mr Heng has also talked about the punishments which are not adequate. The penalties, as contained in the Bill, are quite hefty compared to what we have in our existing Environmental Public Health Regulations and Act. And I can assure Mr Heng that we will monitor very closely whether these penalties are deterrent enough and, if not, I can assure him that we will be prepared to further enhance these penalties.

Prof. Low Seow Chay has asked that since the penalties apply to both the company as well as to individuals involved in the company, whether we will charge both the company and the individuals involved. Sir, this will vary from case to case. If we are able to prove that both the company and the individuals involved are guilty, of course we will bring charges against both the company and the individuals.

He has also asked whether the polluter will be required to pay for the cost of clearing the wastes and damage caused because the penalties themselves may not be very significant compared to the damage. Under the Bill, we do have the authority to require the polluter to pay for cleaning up the damage caused by pollution and if the company is not able to do it, we will do it on the company's behalf and we will charge the full cost of the work to the polluter.

He has also asked for information about the regulations for controlling ship-borne and radioactive wastes. I have just given that in my answer to Mr Heng.

Mr Simon Tay has also supported the Bill and he has asked quite a few questions. Let me deal with them one by one. He has asked questions on five broad areas.

The first is his observation that many of the key requirements in the Basel Convention are not actually covered specifically in the Bill. Sir, the Bill is a broad format which gives us the framework to promulgate the specific regulations which will allow us to comply with each of those regulations in the Convention. So let me take him through.

The Prior Informed Consent, that will also be included in the Regulations. In fact, as I mentioned in my Second Reading speech, we already have this practice today. We already require companies which have to bring in hazardous wastes or export hazardous wastes to either furnish the Prior Informed Consent of the receiving country or where they are bringing in those hazardous wastes into Singapore, we will then give them the Prior Informed Consent, provided we know that those wastes can be treated and disposed of safely in Singapore. So that is already in practice, and this will be continued resulting from this Bill in the Regulations.

He has also asked about the prohibition of export to non-Parties, that this is not specifically covered in the Bill. To export to a non-Party, the intending exporter must get a permit from us and this will again be covered in the Regulations. The application for the permit would of course include things like the receiving country, whether it is Basel Convention Party, and whether they have the approval of the receiving country to import those wastes from us. So this would also be covered by Regulations.

The other point is the re-import of wastes that have not been properly exported. Sir, that again is already available today under the existing Regulations and we will promulgate such regulations under this new Bill.

He has commended the Ministry for having consulted with the industry. I thank him for that. He has also asked whether existing companies would be required to alter their operations or processes arising from the passing of this Bill and how would this impact on new investors. Sir, the passing of this Bill will have no impact because under the existing Regulations, we only regulate investors and operations that are already here, ie, the existing operations all comply with our very strict environmental requirements and therefore they comply with the Bill. Similarly, for new investors, we will process their applications in the same way that we are processing them now and we will apply our existing very tight requirements on them too.

His third area was that he hopes that there will be clarity for applicants and that the application process will be simple, transparent and even-handed. Sir, that indeed is already so currently, and it will continue to be so in the future. He has also asked about the Australian regulation, section 17, which he has read out, that the Australian Minister must grant permit if all the conditions are complied with. In Singapore, the permit will be granted and issued by the Director of Hazardous Waste, and the Director will definitely grant the permit if all the conditions, as stipulated under the Basel Convention, are complied with.

His fourth point was on Article 11 which relates to bilateral, multilateral or regional agreements with non-Parties to the Convention. Sir, Singapore does not at the moment have any bilateral, multilateral or regional agreements with non-Parties. And I can assure Mr Tay that if we do in the future, we will ensure that these agreements comply totally with the requirements of the Basel Convention.

His last point is that with the passing of this Bill, it is likely that there will be a greater tendency to treat wastes locally, since now a company that intends to export it to another country may face problems with the requirements of the Bill. Sir, as I have explained earlier, we already have very tight controls on import and export of hazardous wastes and therefore having this Bill will in no way change the situation. In any case, our requirements are that any wastes which are to be treated locally have to be treated in such a way that the outcome of the treatment poses no threat to human health and the environment and we will continue to monitor the technology for treatment and ensure that the most appropriate technology will be applied in Singapore.

He has also asked that we harmonise penalties under the existing Environmental Health Protection Act and this Bill. Sir, they are focusing on two different areas but I take the point that the existing penalties in many ways are inadequate and we will definitely be reviewing them and harmonising them.

Question put, and agreed to.

Bill accordingly read a Second time and committed to a Committee of the whole House.

The House immediately resolved itself into a Committee on the Bill. - [Mr Yeo Cheow Tong].

Bill considered in Committee; reported without amendment; read a Third time and passed.