Page:Transboundary Haze Pollution Act 2014.pdf/8

8 (3) Any reference in this Act to a person (the primary person) engaging in conduct that condones the conduct of or by another person (secondary person) which causes or contributes to any haze pollution in Singapore is a reference to—
 * (a) the primary person failing to prevent such conduct of the secondary person as is within the contemplation of the primary person or that is a reasonably foreseeable consequence of the primary person's own conduct; or
 * (b) if the secondary person's conduct has already occurred—
 * (i) the primary person failing to stop the secondary person's conduct from continuing; or
 * (ii) the primary person failing to substantially reduce the detriment or potential detriment to the environment in Singapore or its use or other environmental value, or the degradation or potential degradation to the environment in Singapore, due to the secondary person's conduct.

Participation of entity in management of another entity

3. For the purposes of this Act, an entity (referred to in this section as the first entity) participates in the management of another entity (referred to in this section as the second entity) if, and only if—
 * (a) the first entity actually participates in the management or operational affairs of the second entity;
 * (b) the first entity exercises decision-making control over any business decision by the second entity to engage in conduct or to engage in conduct that condones any conduct by another entity or individual, on any land outside Singapore (being land which is owned or occupied by the second entity), which causes or contributes to any haze pollution in Singapore; or
 * (c) the first entity exercises control at a level comparable to that exercised by a manager of the second entity, such that the first entity assumes or manifests responsibility—
 * (i) for the overall management of the second entity encompassing the day-to-day decision-making with