20100329 - The Integration of Environmental Law and It_s Implementation in Singapore

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THE INTEGRATION OF ENVIRONMENTAL LAW AND IT’S

IMPLEMENTATION IN SINGAPORE

Written by:

1 Tanuwidjaja, Gunawan

1 MSc. Environmental Management (NUS), S.T. (ITB)

Urban Planner & Researcher,

Green Impact Indonesia

Integrated Urban, Drainage and Env ironmental Planning and Design Email: [email protected] http://greenimpactindo.wordpress.com/about/

This paper w as prepared originally prepared for MSc. Environmental Management,

Environmental Law Course in 2005. But w e would like to share this in order to give

clearer perspectives of integrated environmental law and its role in developing

Sustainable City of Singapore.

.

Introduction

Environmental Law is defined as a body of state and federal statutes intended to protect

the environment, w ildlife, land, beauty, prevent pollut ion, over-cutting of forests, save

endangered species, conserve w ater, develop and follow general plans and prevent

damaging practices. The particular law gives individuals and groups the right to bring

legal actions or seek court orders to enforce the protections or demand revisions of

private and public activity w hich may have detrimental effects on the environment. 1

Environmental law has a different formula for every country since its different legal

system, legislation system, and socio-economic condition. In several developed

countries this particular regulation usually w as made after a huge environmental

accident that draws public attention. This happened before the raise of sustainable

development international aw areness in 1970’s.

In 1980 The World Conservation Union ( IUCN), United Nations Environmental Protection

Agency (UNEP) and World Wildlife Fund (WWF) introduced the Wor ld Conservation

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Strategy (WCS) that initiate numbers of new action plans, policies and programs that

support the sustainability law . 2 This law further is elaborated in ‘Caring for The Earth that

contains minimum sustainability law such as:

• Land use planning and development control

• Sustainable use of renewable resources and non-wasteful use of non-renewable

resources

• Pollution prevention

• Eff icient use of energy

• Control of hazardous substances

• Waste disposal

• Conservation of species and ecosystems

All these aspects actually w ere introduced to create more comprehensive environmental

law than the previous one that usually talk only about pollut ion control.

Further the Caring for The Earth also w ent for the more advance prescription like: 3

• Application of precautionary principle and the use of best technology related to the

pollut ion

• Economic incentives and disincentives (based on taxes, charges and other)

• Environmental Impact Assessment (EIA) to be conducted in the new developments

and new policies

• Environmental Audit ing that be conducted periodically

• Effective monitoring, detection of infringements and adjustment of regulations

when necessary

• Public access to EIA, environmental audit data and monitoring result

• Public access to production, use and disposal of hazardous substances

International Environmental law could be defined as “A plethora of legally-binding

international agreements now encompass a w ide variety of issue-areas, from terrestrial,

marine and atmospheric pollut ion through to w ildlife and biodiversity protection.” 4

The important principle adopted in most of international environmental law is The

Golden Rule, polluter pays principle, the precautionary principle, the principle of

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sustainable development, environmental procedural rights, common but differentiated

responsibilit ies, intra-generational and inter-generational equity, the "common concern

of humankind," and the common heritage. 5

The law could be categorised in tw o types of law such as Soft and Hard Law . The

International Soft Law are the international agreements that binding only the parties that

ratif ied them. These include 1972's United Nations Conference on the Human

Environment, 1983's World Commission on Environment and Development, 1992's

United Nations Conference on Environment and Development and 2002's World

Summit on Sustainable Development have been particularly important. The soft law

actually comprises mult ilateral and bilateral treaties (including convention, agreement,

protocol, etc.). 6

On the other hand, Hard Law or known as Customary International law comprises

norms and rules that bind all countries in the w orld. One example of customary

international law is the Principle 21 of the Stockholm Declaration. 7

Beside that, Judicial Decisions from International Court also are categorised under the

Hard International Law . This includes the International Court of Justice ( ICJ); the

international Tribunal for the Law of the Sea ( ITLOS); the European Court of Justice;

regional treaty tribunals. And probably the Wor ld Trade Organisation's Dispute

Settlement Board (DSB) w ould be included in the near-future. Some cases from the

courts are the Trail Smelter Arbitration, 33 AJIL (1939); and the various nuclear

weapons testing cases such as betw een New Zealand and France before the

International Court of Justice. 8

And all the International environmental law are very important for the w orld to be

sustainable and mitigate its degradation.

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The Legislation Process of Environmental Law

Singapore is one island country w ith highly-urbanised city characteristic and presumably

no natural resources. Since the economic development comes from the trade and

industry, mostly of environmental issues in Singapore are related to industrial and urban

pollut ion, and the protection of nature areas.9

In the Constitut ion of The Republic of Singapore, Chapter 1, Part V, actually it is stated

that Singapore is led by the President, as the Head of State.10 Further also in the

Constitut ion, Chapter 2, Part V, it is stated that the Executive authority is vested in the

President and the Cabinet (consists of the Prime Minister and some Ministers). The

Cabinet w ill control the Government and w ill be responsible to Parliament. This actually

emphasises the parliamentary system in Singapore. The President shall appoint as

Prime Minister from a Member of Parliament that trusted by the majority of Parliament. 11

The Legislature in Singapore is actually President and the Parliament as mentioned in

the Constitution, Section 38.12 While law making process can be f ind in the Constitut ion,

Section 58 and 59. The bills are passed by Parliament and assented to by the President

and shall become law . Further the bills come into operation w hen publicised in the

Gazette.13 This process is also applies to the Environmental Law .

Further the Judicial System of Singapore is review ed. In the Article 93 of the Constitut ion

of the Republic of Singapore, w e can f ind that judicial pow er in Singapore and the

Supreme Court and subordinate courts. Further the Judiciary is led by the Honourable

Chief Justice.14

The Supreme Court consists of the Court of Appeal and the High Court that deal w ith

civil and criminal matters. 15 While the Subordinate Courts are constituted by the

Subordinate Courts Act, and comprise the District Courts, the Magistrates' Courts, the

Coroners' Court, the Juvenile Court and the Small Claims Tribunals. Several other courts

also are comprised in the Subordinate Courts.16

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One more important element of law enforcement is the Attorney-General. The functions

are to advise the Government upon such legal matters, and to institute, conduct or

discontinue proceedings for any offence as the Public Prosecutor. Other important rule is

that The Attorney-General is independent, including from control of the government.

Further w e are going to focus on the Singapore Environmental Law . 17

Implementation and Enforcement of Environmental Law in

Singapore

Under the leadership of Prime Minister (PM) Lee Kuan Yew , actually many

environmental improvements had been achieved in Singapore. For instance the spitting

and littering, Singapore actually succeeds reducing these w ith a maximum fine of $2000

for offender. This show s the determination of the government to make Singapore from

the Third World Country to the First. 18

PM Lee also init iated the tree planting program that involve plant experts and soil

experts to study and advice this program. In November 1971, He started the annual tree

planting day, involving Member of Parliament, community centres, and leaders, also in

that time he sent botanists to bring back 8,000 varieties and get some 2,000 adapting to

Singapore and thriving. All these actions actually have delivered Singapore become the

Garden City.19

In reducing the pollution control, Singapore set up the Anti-Pollut ion Unit, and init iated

pollut ion control program, such as: cleaning up Singapore River, settling of street

vendors, phasing out the pig farms that pollute the stream, monitoring the air conditions,

reducing noise pollut ion. This is actually a great achievement in environmental

improvement. 20

This action has resulted in the present Singapore condition w hich can be considered

relatively clean, ordered and w ell-planned country. Nevertheless the problems of land

scarcity and high population actually continue reducing and disturbing the remaining

natural areas.

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Actually in the f irst Singapore Green Plan (1993), nineteen (19) terrestrial sites and four

(4) coral reefs area were identif ied and designated as “nature areas” which covers 5 %

of Singapore’s total land area. But so far the government has only gazetted of Sungei

Buloh and the Labrador Nature Park to the existing ones.21 The Government actually

can do more w ith the nature reserves in Singapore.

Facing lack of w ater supply, Singapore had initiated a lot of environmental policy,

excluding the w ater import policy from Malaysia. Those tw o environmental policies are

desalinisation project and pollution control in the w ater bodies. These show that

Government is aw are of the environmental problem because of its relation to the

livelihood of the country. 22

The other environmental problem actually is the marine pollut ion w hich comes from sea

transportation that passes Singapore. 23 Because the sea transports are very important

to the Singapore economy, this problem actually needs more attention.

Actually the agencies’ jurisdiction in enforcement of Environmental Law in Singapore can

be described in the next table: 24

Table 1. Singapore Authorities and Agencies related to Environmental Law

Ministry Area of Competence

Ministry of the Environment and Water

Resources (MEWR) 25

Div isions under MEWR

Planning Div ision Corporate planning process of the MEWR

3P Network Division

Corporate communications and public education strategies

International Relations Division Co-operation at Government-to-Government level and with international organizations; and multilateral env ironmental agreements

Strategic Policy Div ision Strategic policies, research and analysis

Water Studies Division Strategic env ironmental policies, research and analysis relating to water, wastewater and drainage

Agency under MEWR

National Environment Agency, NEA26

Env ironmental protection, environmental public health, meteorological serv ices

Public Utilities Board, PUB27

Secure adequate supply of water at affordable cost.

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Ministry of National Development (MND)28

Div isions under MND

Strategic Planning Land use planning, development strategies, control & planning system, urban redev elopment and nature conserv ation

Housing Public housing and Town Councils

Planning & Research Unit Policy reviews and economic research and analysis

Agency under MND

Urban Redevelopment Authority (URA)29

Urban dev elopment

Building Construction Authorities (BCA)30

Building and public works construction, saf ety and management

National Parks Board (NParks)31

National Parks and nature conservation in general and manage recreational parks

The Agri-Food and Veterinary Authority (AVA)32

Animal quarantine, control of trade in wildlif e

Ministry of Trade and Industry (MTI)33

Economic Development Board, EDB34

Foreign inv estment promotion

International Enterprise Singapore, IE Singapore35

Trade promotion

Jurong Town Corporation, JTC36

Management of industrial zones

SPRING Singapore37

Standards and certif ication to enhance the competitiv eness of enterprises

A*STAR 38

Science and technology dev elopment

The Singapore Tourism Board (STB)39

Dev elop and champion tourism

Energy Market Authority, EMA40

Regulates the energy utilities market

Sentosa Dev elopment Corporation, SDC41

Manages and dev elops Sentosa to be leisure destination in South-East Asia

Ministry of Health42

Department of Scientific Serv ices Food testing

Health Promotion Board43

Promoting Healthy Lifesty le, Affordable and Reliable Medical Services

Ministry of Manpower44

The Quality Workplaces Department (QWPD) Occupational safety and health at work

Occupational Saf ety and Health Training and Promotion Centre (OSHTC)

Occupational safety and health training and promotion

The Ministry of Transport (MOT)45

The Civ il Aviation Authority of Singapore (CAAS)46

Standard in saf ety, quality and serv ice in civil av iation and airport operations

Land Transport Authority (LTA)47

Vehicular matters

Maritime and Port Authority (MPA)48

Marine pollution

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The Public Transport Council (PTC)49

Create a comprehensive and integrated bus network; assure quality bus serv ices; and maintain affordable bus and train f ares for the public

Because of its economic sources in Industry and trade, actually Singapore government

tries to implement environmental law that does not discourage investors to put their

money in Singapore. One of policies is actually not providing Mandatory Environmental

Impact Assessment Law . This seems a good indication how Singapore set more

investor-friendly environment law .

Further w e are going to examine the Singapore Environmental Law and suggest the

improvement in the framew ork of sustainability law .

Land Use Planning and Development Control

Land use planning holds the main role of reducing the impact of pollution as w ell as

revitalizing the economic activity and reducing cost of the urban and industrial

infrastructure. Thirteen obvious regulations in planning are:

• Planning Act (Chapter 232)

• Urban Redevelopment Authority Act (Chapter 340)

• Building And Construction Authority Act (Chapter 30a)

• Building Control Act (Chapter 29)

• Building Maintenance And Strata Management Act 2004 (No. 47 Of 2004)

• National Parks Board Act (Chapter 198a), Section 6

• Parks and Trees Act 2005 (No. 4 of 2005)

• Land Transport Authority of Singapore Act (Chapter 158a), Section 6

• Housing And Development Act (Chapter 129), Section 13

• Jurong Tow n Corporation Act (Chapter 150), Section 12

• Sentosa Development Corporation Act (Chapter 291 ), Section 9

• Public Utilit ies Act (Chapter 261), Section 6

• Public Transport Council Act (Chapter 259b), Section 4

Further only tw o acts are going to be presented in the paper.

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Planning Act (Chapter 232)

As described in the act, the main purpose of this act is to provide for the planning and

improvement of Singapore. Planning Act (Chapter 232), Section 5, describes that

Minister of National Development appoints the competent planning authorities to

produce Master Plan and its amendments, Certif ied Interpretation Plans, Conservation

areas and guidelines for building or lands. This regulation affects every development

including the nature reserves.

In Part III of this act, actually the Development and Subdivision of Land are controlled.

This means that no person shall w ithout planning permission carry out any development

of any land outside a conservation area; and no person w ithout conservation permission

carry out any works within a conservation area. The conviction for offender is a

maximum fine $200,000.

Further application for planning permission, conservation permission or subdivision

permission shall be made to competent author ity to determine this permission w ith

reference to Master Plan.

Urban Redevelopment Authority Act (Chapter 340),

The main authority that regulates land use planning in Singapore is actually Urban

Redevelopment Authority (URA). This is described in the Urban Redevelopment

Authority Act (Chapter 340), Section 6. The main duties of URA are:

• to prepare or execute or prepare and execute proposals, plans and projects for

the clearance, development and redevelopment of such land … approved by the

Minister …

• to undertake land planning and to manage and control the development of land in

Singapore

• to inform and advise the Government on matters relating to land planning and the

development of land in Singapore, etc

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The statutes actually give a very clear description how URA take controls in land use

planning that further affect the urban and environmental quality of Singapore.

These tw o laws actually are f ine references how Singapore succeeds in land use

planning and development, but still there is a loophole in the dual land use, for example

the Mac Ritchie Reservoir that used by Public Utility Board (PUB) and National Park

Board (NParks) w hich needs further jurisdiction clarif ication and management

cooperation betw een agencies.

Sustainable Use of Renewable Resources, Non-Wasteful Use of

Non-Renewable Resources and Efficient Use of Energy

Because Singapore has limited natural resources, the Government has created certain

laws that regulate the eff icient use of resources such as:

• National Environment Agency Act (Chapter 195), Section 11

• Public Utilit ies Act (Chapter 261), Section 6

• Energy Market Authority of Singapore Act (Chapter 92b), Section 6

• Electricity Act (Chapter 89A)

• Gas Act (Chapter 116A)

• District Cooling Act (Chapter 84A)

• Fisheries Act (Chapter 111), Section 9 to Section 12

National Environment Agency Act (NEA) (Chapter 195)

NEA Act (Chapter 195), Section 11 actually describes the role of National Environment

Agency (NEA) to promote energy eff iciency, the use of clean energy, the use of clean

technologies, the use of eff icient pollution control technologies and w aste recycling.

Public Utilities Act (Chapter 261)

Public Utilities Act (Chapter 261), Section 6, actually obliges the Public Utilit ies Board to

promote w ater conservation.

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The tw o examples above actually describe how the government is aw are of these

resources use, although these regulations do not apply to resident of Singapore or

encourage them to participate. In the future more specif ic law in this aspect needs

improvement.

Pollution Prevention, Control of Hazardous Substances and

Waste Disposal

Singapore has a lot of regulations related to the pollution controls, control hazardous

substances and waste disposal. Several related acts that deal w ith this matter are:

• Environmental Protection Control Act (EPCA) (Chapter 94A)

• National Environment Agency Act (NEA) (Chapter 195)

• Environmental Public Health Act (EPHA) (Chapter 95)

• Factories Act (Chapter 104)

• Merchant Shipping (Civil Liability and Compensation for Oil Pollut ion) Act

(Chapter 180), Section 27

• Prevention Of Pollution Of The Sea Act (Chapter 243), Section 6 and 17

• Public Utilit ies Act 1995 (No. 26 of 1995.), Section 130

• Miscellaneous Offences (Public Order and Nuisance) Act (Chapter 184)

• Hazardous Waste (Control of Export, Import and Transit) Act (Chapter 122a)

The tw o laws that are further discussed in this paper are the National Environment

Agency Act (NEA), and Environmental Protection Control Act (EPCA) (Chapter 94A)

National Environment Agency Act (NEA) (Chapter 195)

The success of pollution control in Singapore can not be separated to the existence of

NEA as the agency that control environmental impact in Singapore. The main functions

of NEA are clearly described in this act in the section 11 w hich are:

• to identify, … environmental health concerns … , and to develop strategies of

prevention and control in connection w ith such matters;

• to ensure cleanliness of public areas through the supervision of cleansing

services and the prevention of littering;

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• to manage and regulate air emissions from industrial premises, trade premises

and vehicles;

• to monitor and assess the w ater quality of inland and coastal w aters, and to

manage and regulate the discharge of trade eff luent, oil, chemicals, sew age and

any other pollut ing matter into w ater courses or on land;

• to construct, develop, manage and regulate refuse treatment and disposal

facilities and to regulate refuse collection and disposal;

• to control land contamination and regulate the remediation of contaminated land;

• to regulate the import, export, possession, storage, transportation, sale and use

of hazardous substances and the import, export, storage, transportation,

collection, treatment and disposal of toxic industrial w aste;

• to manage and regulate environmental noise, and to monitor and assess ambient

air and noise levels;

• to promote energy eff iciency, the use of clean energy, the use of clean

technologies, the use of eff icient pollution control technologies and w aste

recycling;

• to embark on educational programmes to promote and encourage public

aw areness of and participation in environmental matters; etc

It actually show s how broad is the jurisdiction of NEA, and the indication that the NEA

off icers may be out number. One interesting statement made by NEA is, “The NEA

cannot do its w ork alone. It w ill w ork w ith its partners in the community, in industries and

commerce, and the public sector to sustain a clean and healthy living environment loved

and cared for by everyone.”50

Environmental Protection Control Act (EPCA) (Chapter 94A)

One f ine example of the pollut ion control tools in Singapore is the Environmental

Protection Control Act (EPCA). The EPCA actually is passed to replace the Clean Air

Act, the Water Pollution Control and Drainage Act, the Poisons Act and to enforce the

Environmental Public Health Act (EPHA).

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EPCA actually controls 4 main areas: Air pollution, Water pollution, Noise pollut ion, and

Toxic and hazardous substances

The EPCA regulation is administrated by the Director of Environmental Pollut ion Control

with a team of Deputy and assistant. Actually It doesn’t oblige for the Director-General

or off icer to inspect any building or site to ascertain the compliance to this act that

emphasizes that compliance is identif ied from the factory managers’ reports.

Further in Section 7, Part III, EPCA authorizes Director-General to give licence to ensure

that environmental pollution is managed and controlled w hich require the ow ner of

factory:

• to install and operate industrial plant, fuel burning equipment, control equipment

or treatment plant in or on the scheduled premises;

• to repair those equipments;

• to erect or alter the height or dimension of any chimneys;

• to alter the method of operation or process used to prevent or reduce air, water

or noise pollut ion or hazards;

• to install and operate instruments and carry out tests and keep records that

required; to use a specif ied type of fuel to prevent or reduce air pollut ion;

• to carry out any of the requirements imposed on him under this paragraph w ithin

such period as may be specif ied

The highly polluted industry also requires permissions before starting, w hich shows that

the Government has implemented the pollut ion prevention.

This regulation also emphasises the emission standard in the Clean Air Standards

Regulations.51 In the Air Pollut ion Control Part, EPCA obliges the user to maintain and

operate air pollution control equipment, to prohibit dark smoke from chimney, to control

of air impurities according to the standard rate of emission prescribed in that industry.

In the Water Pollution Part, EPCA prescribes licence for discharge of trade eff luent, oil,

chemical, sew age or other polluting matters. Part icularly in Section 15, it is said that

“Any person w ho discharges or causes or permits to be discharged any trade eff luent, oil,

chemical, sew age or other pollut ing matters into any drain or land, w ithout a licence from

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the Director-General, shall be guilty of an offence.” The offender can get maximum

$5000 f ine.52

This part also set the obligation to set treatment plant for trade eff luent w ith non-

compliance f ine maximum to $20,000. it also gives penalties for discharging toxic

substances or hazardous substances into inland w aters to maximum $50,000 or to 12

months imprisonment or to both.

In Section 18 of EPCA, The Director-General also is authorised to require any person

that has polluted the w ater or land to clean it up w ithin a specif ied time. This is one

implementation of the polluters-pay principle.

Additionally in Section 19, The EPCA obliges person w ho carries out storing or

transporting of toxic substance:

• to use a method of storage, operation or process to prevent water pollution;

• to install and operate pollut ion monitoring equipment to prevent and detect any

leakage or discharge;

• to carry out specif ic tests on equipment, tanks or any other related facilities and

to submit the results of these tests;

• to prepare and submit contingency plan for events of accidental discharge or

spillage of oil, chemicals, trade eff luent or other pollut ing matters; and etc

And any person who fails to comply this must pay a maximum fine of $20,000. This is

an excellent implementation of the precautionary principle.

Part V II of EPCA regulates the importation and sale of hazardous substances. In Section

22, It is said that, “No person shall import, possess for sale, sell or offer for sale any

hazardous substance unless he holds a licence ...”

Noise identif ied from building and road construction is regulated under Part VIII of EPCA.

The construction ow ner is obliged to notify the Director-General and gets permission

before doing such activity. In Section 4, it is said that, “Any person who fails to comply

with a notice issued under subsection (3) shall be guilty of an offence and … liable on

conviction to a f ine not exceeding $10,000.” Industrial noise also is regulated in Part VIII,

especially the limitation and permit in premises.

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Further in Part X, it is described the obligation to study on pollution control, self-

monitoring and submission of results and mandatory insurance. While under Part XI, the

authorisation of pow ers of arrest, and to enter on land adjacent to w orks also penalty for

obstructing Director-General in his duty are provided.

It can be concluded that EPCA is a more comprehensive than the previous acts. But it is

reported that control of land contamination w as not effective enough since many polluter

doesn’t report and to comply w ith this regulation. It is has happened because of

overlapping jur isdiction betw een JTC and NEA in the industrial area. 53

There are several Environmental Pollut ion Control Regulations or Subsidiary Law s that

support this act under Chapter 94a, Section 77 (1), w hich control Air Impurities,

Boundary Noise Limits for Factory Premises, Noise at Construction Sites, Hazardous

Substances, Ozone Depleting Substances, Prohibition on The Use of Open Fires Order,

Trade Eff luent, and Fees for Licences. Two other regulations that also support EPCA are

Toxic Industrial Waste (under Chapter 95, Section 113), and Vehicular Emissions (under

Chapter 94a, Sections 12 (5) And 77 (1))

Conservation of Species and Ecosystems

Even though the conservation area in Singapore is only 5% 54 , but still the Nature

Conservations Laws in Singapore hold the important part to preserve the species and

ecosystem richness in the island. Several law s that regulate this aspect are:

• Wild Animals and Birds Act (WABA) (Chapter 351)

• Endangered Species (Import and Export) Act (Chapter 92a)

• National Parks Board Act (Chapter 198a)

• Parks and Trees Act 2005 (No. 4 of 2005)

• Control of Plants Act (Chapter 57a )

• State Lands Encroachments Act (Chapter 315)

Tw o regulations that further presented in this paper are the Wild Animals and

Birds Act, and Endangered Species (Import and Export) Act.

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Wild Animals and Birds Act (WABA)(Chapter 351)

Wild Animals and Bird Acts actually prevent killing, taking or keeping any w ild animal or

bird, other than specif ied in the Schedule 1, shall be guilty of an offence. The offender

can get a maximum fine of $1,000 and the forfeiture of the w ild animal or bird. This is an

excellent tool to prevent the offences.

The problem is that the birds under Schedule 1, w hich are Feral pigeon, Purple-backed

starling, Philippine glossy starling, Common myna and White-vented myna, are actually

receive no protection since they look like to House Crow . These birds actually are facing

extinctions since excessive shooting.

Endangered Species (Import and Export) Act (Chapter 92a)

Actually this Act is made to implement the ratif ication of the Convention on International

Trade in Endangered Species of Wild Fauna and Flora (CITES) w hich control import,

and export certain animals and plants and parts of such animals and plants.

In Section 4 of this Act it is said that, ”(1) No person shall import, export, re-export …any

scheduled species w ithout a permit. (2) No person shall have in his possession, under

his control, sell, offer or expose for sale, or display to the public any scheduled species

which has been imported or introduced from the sea in contravention of subsection (1).

(3) Any person who contravenes …shall be guilty of an offence and shall be liable on

conviction to a f ine not exceeding $5,000 or to imprisonment for a term not exceeding 12

months or to both …. “

This section show s the strict control. Nevertheless the regarding the amount of f ine

actually still it is not suff icient since the decision of the f ine amount is made based on

number of species that imported or exported and not on the number of individuals. In

some cases it is not satisfactory since the price of the animals or the products are far

higher above the f ine.

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This act actually is enforced by The Agri-Food and Veterinary Authority (AVA) under the

Ministry of Development, w hich issue a permit, licence, certif icate or written permission

to import, export, re-export. Nevertheless in this act does not regulate the transit of the

endangered animal, plant and any their products. So actually the w eakness is that AVA

can not catch the endangered species delivery that transit in Singapore Port, and this act

actually requires improvement.

Conclusion

Firstly, The Environmental Law is very important in sustaining the World and mitigating

the environmental destructions. International Hard and Soft Law s are also crucial to be

follow ed to guarantee this.

Secondly, implementation of sustainability law s in Singapore is actually excellent in land

use planning and development control, pollution prevention, control of hazardous

substances and waste disposal. This can be seen on the excellent space quality, and

cleanliness of the city.

Thirdly, Singapore has applied the precautionary principle and the use of best

technology related to the pollution control in EPCA and energy in NEA Act. In some

major government projects such as Semakau Landfill, the environmental auditing also

has been conducted periodically. Further the detection of infringements especially in

land contamination is not effectively done since the overlapping of jurisdiction.

Fourthly, the Government tr ies to implement environmental law that does not discourage

investors to invest, for example by not providing Mandatory Environmental Impact

Assessment Law . This is an indication of more investor-friendly environment law that

also can jeopardise the environmental condition of Singapore.

In conclusion actually Singapore needs to pass more stringent and participative law

especially in sustainable use of renew able resources and non-wasteful use of non-

renew able resources law ; nature conservation law ; and mandatory EIA law .

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Lastly, in my opinion the Environmental Law in Singapore actually can be improved

through participation of all stakeholders and the raise of awareness in government,

private and the society and eventually the improvement w ill be achieved.

The Writer’s Description

I. Personal Information

Full name : Gunawan Tanu widjaja

e-mail : [email protected]

website : http://greenimpacti ndo.wordpress.com/

Mobile Phone : +62 812 212 208 42 (Indonesia)

Place of Birth : Bandung

Date of Birth : 08 of August 1978

Sex : Male

Nationality : Indonesian

Mother Language : Indonesian

Language Skill : Indonesian, English

II. Education Backgrounds

Formal Education

Name of Institution

City/Country Study T ime

(Months/Years) Graduated from

(Month and Year) Specialization GPA

National Universit y of

Singapore

Singapore 1 year October 2006 MSc

Environment

Management

3.86

from scale

of 5

Bandung Institute

of Technolog y (Institut

Teknologi Bandung)

Bandung / Indonesia

5 years July of 2001 Bachelor of Archit ecture

2.73

from scale of 4

III. Informal Education

Study T ime (Years) Name of Institution Course Name & Specialization

2008 Singapore Ins titute of Planner Spati al Planning for a Sustainable Singapore (1-day seminar)

2008 Lee Kuan Yew School Of Public Policy "Lessons Not to Learn from American Cities" by Prof Alan Altshuler (Half-day seminar)

2007 National Uni versity of Singapore, Faculty of Engineering, PAC (Professional Acti vities Centre)

Short C ourse On "A – Z Of Oil & Gas To Petrochemicals (3-days seminar)

2007 Singapore Ins titute of Planner Destinati on Resorts, T he Next Wave

(1-day seminar)

2007 Singapore Ins titute of Planner, Malaysia Institute of Pl anner and Uni versiti Kebangsaan Malaysi a

Semi nar of Planni ng of Iskandar Development R egion (1-day seminar)

2001 The British Institute IELTS Preparation Course

2000 Language Center ITB English Writing Course

1999 Gradasi Bulletin Student U nion of Architec ture Gunadharma ( IMA-Gunadharma)

Journalistic Traini ng

19

Study T ime (Years) Name of Institution Course Name & Specialization

1997 Architecture Department ITB AutoC ad R 14 Traini ng

1993-1995 Saint Angela’s English Course English Course level C 6 to C11

1990-1992 Saint Angela’s English Course English Course l evel J2 to J5

IV. Working Experience

Name of Institute/Companies

City/ Countries Position Job Description Contract Periods

Green Impact Indonesia Integrated Urban,

Drainage and

Environmental Planning Consultant

Bandung Manager Team Leader and Urban Pl anner

March 2003 to now

Agency for Research and

Development, Institute of Water Resources, Ministr y of Public Wor ks, Republic

of Indonesi a,

Bandung Urban Pl anni ng

and Management Expert

Assistant October 2008 to

now

Jurong Consultants Pte Ltd. , Planning Di vision

Singapore Planner Physical Planner November 2006 to October 2008

National Par ks Boar d, Republic of Singapore

Singapore Intern Researcher July 2006 to Aug 2006

Agency for Research and Development, Institute of

Water Resources, Ministr y of Public Wor ks, Republic

of Indonesi a,

Bandung/ Indonesia Junior Researcher GIS Expert Assistant (Arc View 3.2), in

Polder T eam

Jan 2005 - Aug 2005

Satyamitra Jasapuri Engineering

Bandung/ Indonesia Junior Architect, Estimator

House, Factory and Café Design

Aug 2003 - Dec 2004

PT. Trinitas Buana Utama Bandung/ Indonesia Junior Architect Apartment Design Aug 2002 - Aug 2003

PT. Imesco Dito Jakarta/ Indonesia Junior Architect Junior Architect Jan 2002 – Aug 2002

COMBINE Bandung/ Indonesia Junior Researcher Urban Development Research, especiall y on Urban Garbage

Management

Aug 2001 - Jan 2002

CV. Cipta Bina Sar ana Bandung/ Indonesia Wor k Trainee Junior Architect May - July 2001

ASPEK Bandung/ Indonesia Program Facilitator

Community

Recover y Program (CRP-HUI) in RW 11, Cibang kong

District

Garbage Management ,

Mechanism Making

and Contr olling of Cooperati ve Credit

Unit

Jan 2000 - Aug 2001

V. Research, Planning & Design Works

Name of Project Position Year

Under Green Impact Indonesia

Assistance for Directorate of Spatial Planni ng, Public Works D epartment

(2009), Sus tainable Urban

Improvement Program (SUSIP) - Executi ve Presentation

Team Leader and Urban Planner Dec 2009

Drainage Master Plan Revitalisati on

in Summarecon, Kelapa Gading, Jakarta, Indonesia

Team Leader and Urban Planner Apr – D ec 2009

Hospital Pr eliminar y D esign and Study in Pangalengan, West Java, Indonesi a (Proposal to KPBS, Milk

Team Leader and Senior Architect Apr – Aug 2009

20


Producer Cooperative in Pangalengan)

Community Based Development Revitalisation in PT Newmont Nusa Tenggara, Sumba, N usa T enggara

Barat, Indonesia (Pr oposal)

Team Leader and Environmentalist Aug 2009

Traditional Market Mapping, GIS

Database and Anal ysis in the framework of Implementing

Presidential Decree No 112/2007 on Development of Traditional Mar ket and Relocation of M odern Mar ket in

Indonesi a (Proposal to Ministr y of Trade of Republic of Indonesia)

Team Leader and Urban Planner Aug 2009

Integrated Water Resources

Management Plan for Bar ang kal River, sub catchment of Brantas

River Basin, i n relati on with Soci al Aspect and Institution Capacity

Building (Proposal to JICA)

Team Leader and Environmentalist Aug 2009

“9 Pearl” Elementary School in Bandung

Team Leader and Architect 2003

Proposal 99’ers Radi o School (Proposal)

Team Leader and Architect 2003

Under Jurong Consultants Pt e Ltd.

Preliminar y Study and Brief Development C oncept of QEZ3, Petrochemical Complex, Qatar

Planner 2007 to 2008

Dera Bassi D etailed Master Plan, Greater Mohali Ar ea, Punjab, India


Libya Africa Economic City Planner 2007 to 2008

Wonogiri Indus trial Par k, Indonesia (Guanxi State Far m - Biofuel Plant)


Master Plan An Tay Industrial

Service Centre

Planner 2007

Master Plan Zhangzhou Waterfront

City, Chi na

Assistant Planner 2006-2007

Master Plan AMRL Internati onal Tech City, T amil Nadu, India

Assistant Planner 2007

W ith MSc Environmental

Management Program

“Neotiewpia” Eco Village Mas ter Plan in Kranji Singapore

Planner & Environmentalist 2006

Under SJP Engineering

BTC Café Junior Architect 2004

Kopomas Fac tor y Junior Architect 2004

Private Houses Bandung Junior Architect, Design Devel opment 2003 – 2004

Under PT. Trinitas Buan a Utama

Rental H ouses in Bandung Studi o Coordinator 2002 – 2003

Bukit Resi k Exclusi ve Apar ment Studi o Coordinator 2002 – 2003

Site Pl an “S. Par man” Elite H ousing Studi o Coordinator 2002

Under PT. Imesco Dito

Private Houses i n Jakarta Junior Architect 2002

21


Freelance Project

Cibangkong Low Cost H ousing, Bandung Indonesia

Final Year Student 2001

Design Development of KARANG SETRA Hotel, Spa and Cottages, Bandung Indonesia under Cipta

Bina Sarana

Junior Architect, Design Devel opment 2001

Master Plan of Cipulir Housi ng Site Plan, Jakarta under Prof Ir.

Danisworo

Junior Architect 2001

VI. Awards, Prestige, A ctivities, and Publication

Awards/ Prestig e

Best Dissertation Prizes from Shell, MEM National Uni versity of Singapore, 2006-2007

Shell Grant Bursar y Holder in MEM National Uni versity of Si ngapore, 2005-2006

Second C hampion of Design Competition of Infor mal Traders Stand held by The Municipal\ Government of Kota Bandung, Praksis dan IMA-Gunadharma IT B Year 2001

Activities Bandung Independent Li ving Center (BILIC)

2003 - 2004 : Vol untary Attendant for Difabl e (Disable) Person

2003 : Coordi nator Research T eam in Accessibility Issue for Difable (Disabl e) Person in Several Location i n Bandung

Forum Gelar Kota Bandung (City Devel opment Discussion Forum)

2002 : F orum Gel ar Kota Secretariat

2001 : Juni or Researcher

Ikatan Mahasiswa Arsitektur Gunadhar ma IT B (Gunadhar ma Student Uni on of Architecture Department of ITB)

2001 Member of Legislative Bodies of IMA - Gunadharma

Member of Sus tainable Human Settlement Discussi on Group

Coordinator of TOR T eam of Sustainable Human Settl ement Seminar

1999 – 2000 Coordinator of Gradasi (Architecture Bulletin of IMA-G)

OSIS SMAK I BPK Penabur (Student Union of BPK Penabur Senior High School)

OSIS SMP St Aloysius (Student Uni on of St Al oysius Junior High School)

Publication s Integration of Sustai nable Pl anni ng Policy and D esign of Low-Cost Apartment, in the Context of Sustai nable Urban Development, National Seminar of Low-Cost Apartment, M aranatha Uni versity, Bandung, Indonesia, 2009.

Bamboos as Sus tainabl e and Affordable Material for Housing as one of alternatife material of Low-Cost Apartment, Nati onal Seminar of Low-Cost Apartment, Maranatha U niversity, Bandung,

Indonesi a, 2009.

Guidelines for Developing Polder System in Indonesia, Agency for Research and Development, Institute of Water Resources, Ministr y of Public Wor ks, Republic of Indonesia, 2008-2009.

Developi ng a Landscape Evaluation Tool for Developing Countries, Case Studies Bi ntan Island, Indonesi a, MSc Environment M anagement Program, National Uni versity of Singapore (Bes t

Dissertation Award)

Report of Research in Accessibilit y Issue for Difab le (Disable) Person in Several Location in Bandung

Reports of Bandung Urban Discu ssion Forum on Urb an Solid W aste Management, January 2002.

Reports of Bandung Urban Discu ssion Forum in Housing Needs, August 2001.

Thesis of Design Studio, Case of Low Economy Flat for Cibang kong Village, Bandung, Indonesia (Kelurahan Cibang kong), Theme Pattern Language Architecture

Semi nar Report of Housing Devel opment Based on Low Economy People.

1 http://legal-dictionary.thefreedictionary.com/Environmental+law

22

2 UNEP Environmental Law Training Manual, Chapter 11, Environmental Law at the National

Level, pp 243 – 244 3 Ibid

4 http://en.wikipedia.org/wiki/Environmental_law





9 http://law.nus.edu.sg/apcel/dbase/singapore/reports.html#Top

10 http://statutes.agc.gov.sg/non_version/cgi-bin/cgi_retrieve.pl?&actno=Reved-

CONST&date=latest&method=part

11 Ibid

12 Ibid

13 Ibid

14 http://app.supremecourt.gov.sg/default.aspx?pgID=43

15 Ibid

16 http://www.subcourts.gov.sg/aboutus_01intro.htm

17 http://www.agc.gov.sg/homeagc.htm

18 Lee Kuan Yew, From Thirld Word to First, The Singapore Story 1965-2000, Singapore and the

Economic Boom, Harper Collins Publishers, Chapter 13, Greening Singapore 19

Ibid 20

Ibid 21

www.nss.org.sg/conservationsingapore/SGP2012.doc

22 http://law.nus.edu.sg/apcel/dbase/singapore/reports.html#Top

23 Ibid

24 adapted from http://law.nus.edu.sg/apcel/dbase/singapore/reports.html#Top and updated from

other sources

25 http://app.mewr.gov.sg/home.asp?id=M1

26 http://app.nea.gov.sg/cms/htdocs/category_sub.asp?cid=2

27 http://www.pub.gov.sg/home/index.aspx

28 http://www.mnd.gov.sg/

29 http://www.ura.gov.sg/

30 http://www.bca.gov.sg/

31 http://www.nparks.gov.sg/

32 http://www.ava.gov.sg/

33 http://www.mti.gov.sg/public/Home/frm_MTI_default.asp

23

34

http://www.edb.gov.sg/edbcorp/sg/en_uk/index.html?loc=home 35

http://www.iesingapore.com/ 36

http://www.jtc.gov.sg/

37 http://www.spring.gov.sg/portal/main.html

38 http://www.a-star.gov.sg/astar/about/index.do

39 http://app.stb.com.sg/asp/index.asp

40 http://www.ema.gov.sg/

41 http://www.sentosa.com.sg/corporate/index.html

42 http://www.moh.gov.sg/corp/index.do

43 http://www.hpb.gov.sg/

44 http://www.mom.gov.sg/

45 http://www.mot.gov.sg/

46 http://www.caas.gov.sg/caas/index.jsp

47 http://www.lta.gov.sg/

48 http://www.mpa.gov.sg/

49 http://www.ptc.gov.sg/

50 http://app.nea.gov.sg/cms/htdocs/category_sub.asp?cid=2

51 Lye L.H.,"Singapore ’s New Environmental Pollution Control Law: The Environmental Pollution

Control Act, 1999,” SJLS July 2000, 1-32

52 Da Silva S. " Local and Regional Environmental Case Laws," MEM Seminar October 7, 2005

53 Ibid

54 www.nss.org.sg/conservationsingapore/SGP2012.doc

20100329 - The Integration of Environmental Law and It_s Implementation in Singapore

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