Hazardous substances and hazardous waste
- Document symbol
- G/LIC/N/3/SGP/20
- Original language
- English
- Published on
- 16/10/2024
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
The Singapore National Environment Agency (NEA) regulates the importation of (a) hazardous substances and (b) hazardous waste and other waste defined by the Basel Convention.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The products subject to NEA’s import licensing procedures are listed in the table below.
| Products | Laws/Regulations |
|---|---|
| Hazardous Substances | · Environment Protection and Management Act · Environmental Protection and Management (Hazardous Substances) Regulations |
| Hazardous Waste | · Hazardous Waste (Control of Export, Import and Transit) Act · Hazardous Waste (Control of Export, Import and Transit) Regulations |
Q3. The system applies to goods originating in and coming from which countries?
There is no restriction on the countries from which Singapore imports the hazardous substances and hazardous wastes except for obligations under the Multilateral Environmental Agreements to which Singapore is a Party. These are summarised below:
(a) Trade ban with non-Parties to the Montreal Protocol and relevant amendments on ozone depleting substances and hydrofluorocarbons (HFCs) listed in the Annexes of the Protocol;
(b) Prior Informed Consent for importation of chemicals listed in Annex III under the Rotterdam Convention;
(c) Prohibition and restriction of chemicals (including products containing the chemicals) listed respectively in Annex A and B under the Stockholm Convention;
(d) Prohibition of mercury containing products listed in Annex A of the Minamata Convention and obligations on the trade in mercury under Article 3 of the Minamata Convention;
(e) Prior Informed Consent (PIC) is to be sought by Parties to the Basel Convention for the transboundary movement of hazardous waste and other waste defined by the Convention. Under the PIC procedure, the State of export shall notify, or shall require the generator or exporter to notify, in writing, through the channel of the competent authority of the State of export, the competent authority of Singapore (i.e. NEA) of any proposed trans-boundary movement of hazardous wastes or other wastes prior to the actual movement of them.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
The import licensing procedures for hazardous substances and hazardous waste are not intended to restrict the quantity or value of imports. They are maintained for the purpose of discharging Singapore's obligations under multilateral environmental agreements (e.g. Basel Convention) or for health, safety, and environmental reasons.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
The laws, regulations and/or administrative orders under which the licensing procedures are maintained are listed under Question 2. All import licensing procedures are statutorily required and published in government gazettes. While NEA administers the licensing system, the designation of chemicals and hazardous waste to be subjected to licensing and the abolishment of any licensing system require legislative approval.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
For import of hazardous substances, licence applications for importation should be made in advance of arrival of the goods. Licences will be processed within seven working days upon receipt of complete and accurate submission of all required documents. For certain Hazardous Substances, the Competent Authority of the exporting country is required to seek Prior Informed Consent from the importing country's Competent Authority defined under the Rotterdam Convention.
For import of hazardous wastes, the Competent Authority of the exporting country is required to seek Prior Informed Consent from the Competent Authority of the importing and transit countries as defined under the Basel Convention. After obtaining PIC, licence applications for importation should be made in advance of arrival of the goods. Licences will be processed within five working days upon receipt of complete and accurate submission of all required documents.
Q7.b. Can a licence be granted immediately on request?
Under certain circumstances, a licence may be granted immediately upon submission of application.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
There are no limitations on the period of the year during which applications for licence and/or importation may be made.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Consideration of a Hazardous Substances licence and Basel permit for hazardous waste application is effected by a single administrative body (i.e. NEA). The importer does not have to approach more than one administrative body.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
An application for an import licence is usually granted if it meets NEA's environmental pollution requirements. NEA will generally provide the reason(s) in the event of a refusal to issue a licence.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
Generally, all persons, registered firms and institutions in Singapore are eligible to register with NEA and apply for licences. The applicant must be a professional or a senior management staff, who has the necessary knowledge of how to handle the hazardous wastes and hazardous substances safely. For hazardous substances, the person should also be one who has passed an examination for the module on "Manage Hazardous Substances" under the WSQ Specialist Diploma in Occupational Hygiene". The module covers technical knowledge on the safe handling of the hazardous substances and on the Environmental Protection and Management Act and its Regulations.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
The following information is required in applications for import licences: particulars of importer, company registration certificate issued by the Accounting & Corporate Regulatory Authority, product description, product quantity, mode of transport, port of shipment/transport, product brand/serial number/model/make and country of origin. Additional requirements in applications to import the following products include:
(a) for hazardous substances, documents of approval from the Development Control and Licensing Division (DCLD) and a valid Hazardous Substances Licence or Permit from the Pollution Control Division 1 (PCD1) to show that the applicant has approved storage and handling facilities to handle hazardous substances safely; a layout plan to show areas for storing hazardous substances; and an emergency action plan to indicate how a chemical release from the storage area will be contained, detoxified and cleaned up.
(b) for hazardous waste, any person who wishes to export, import or transit hazardous wastes shall obtain a permit from the Chemical Control and Management Department, NEA. NEA adopts the Prior Informed Consent (PIC) procedure of the Basel Convention in granting any permit for the export, import or transit of hazardous wastes.
Q11. What documents are required upon actual importation?
Upon actual importation, most importers are required to make an Inward Declaration showing the correct description and quantities of each consignment made electronically through TradeNet. Shipping documents such as the Bill of Lading/ Airway Bill and invoice are also required.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
Licensing fees are required for the following classes of licences:
For hazardous waste:
- an annual Basel permit fee of S$370 for the export, import or transit of hazardous waste; or
- a three-month Basel permit fee of S$165 for the export, import or transit of hazardous waste.
For hazardous substance:
- an annual licence fee of S$525 for the import, export, sale, storage and transport of hazardous substances; and
- an annual permit fee of S$160 for the purchase, use and storage of hazardous substances.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
There are no deposit or advance payment requirements associated with the issuance of licences.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
Please refer to 12 for the length of validity of the classes of licences.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for the non-utilisation of licence or a portion of it.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licences are not transferable without the approval in writing from the relevant authority.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
Conditions are imposed on licences to ensure that measures are in place to protect public safety and health, as well as to minimise environmental pollution. These conditions include:
• Ensuring hazardous substances and wastes are packaged, labelled and transported in accordance to relevant requirements and standards;
• Declaring every import of hazardous substances and waste using appropriate product codes on TradeNet;
• Ensuring Prior Informed Consent have been given by all relevant Competent Authorities for the import/export of (i) hazardous waste and (ii) certain hazardous substances defined under the Multilateral Environment Agreements;
• Submission of valid Banker's guarantee to cover the costs of actions to remedy any problems which may arise during the transboundary movement and subsequent disposal (for hazardous waste only).
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation.