Page:Transboundary Haze Pollution Act 2014.pdf/14

14 (4) It shall also be a defence to a prosecution for an offence under section 5(3), or a civil claim for a breach of duty under section 6(2), 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 knowledge or consent of the accused or defendant and the second entity referred to in section 5(3) or 6(2), or contrary to the wishes or instructions of the accused or defendant and that second entity; but that other person cannot be—
 * (a) any employee or agent of the accused or defendant (as the case may be) or of the second entity referred to in section 5(3) or 6(2);
 * (b) any person engaged, directly or indirectly, by the accused or defendant (as the case may be) or by the second entity referred to in section 5(3) or 6(2), to carry out any work on the land owned or occupied by the second entity, 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) or the second entity 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.

Presumptions

8.—(1) For the purposes of this Act, where it is proved that—
 * (a) there is haze pollution in Singapore;
 * (b) at or about the time of the haze pollution in Singapore, there is a land or forest fire on any land situated outside Singapore; and
 * (c) based on satellite information, wind velocity and direction and other meteorological information at or about the time of the haze pollution in Singapore, the smoke resulting from that fire is moving in the direction of Singapore,