Page:Transboundary Haze Pollution Act 2014.pdf/12

12 : outside Singapore) by another entity or individual which causes or contributes to any haze pollution in Singapore.

(3) Where an entity engages in conduct that is in breach of any duty under subsection (1) or (2), then, subject to section 7 and the defences and other incidents applicable to actions for breach of statutory duty, that is actionable conduct at the suit of any person in Singapore who, in consequence of that breach—
 * (a) sustains any personal injury, contracts any disease or sustains any mental or physical incapacity in Singapore, or dies in Singapore from that personal injury, disease or incapacity;
 * (b) sustains any physical damage to property in Singapore; or
 * (c) sustains any economic loss, including a loss of profits, in Singapore.

(4) A cause of action for any actionable conduct referred to in subsection (3) shall be actionable in Singapore, whether or not that conduct is also actionable in the foreign jurisdiction where that conduct occurred.

Defences

7.—(1) It shall be a defence to a prosecution for an offence under section 5(1) or (3), and to a civil claim for a breach of duty under section (1) or (2), if the accused or defendant (as the case may be) proves, on a balance of probabilities, that the haze pollution in Singapore was caused solely by—
 * (a) a grave natural disaster or phenomenon; or
 * (b) an act of war.

(2) It shall also be a defence to a prosecution for an offence under section 5(1) for engaging in conduct 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 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 the conduct which caused or contributed to the haze pollution in Singapore was by another person acting without the accused's or