Long Title

Part I PRELIMINARY

Part II ADMINISTRATION

Part III LICENSING OF ACTIVITIES RELATING TO GAS

Part IV MODIFICATION AND ENFORCEMENT OF GAS LICENCES

Part V GAS TRANSPORTERS

Part VI GAS RETAILERS AND GENERAL PROVISIONS

Part VII GAS NETWORK CODE

Part VIIA CODES OF PRACTICE

Part VIIB CONTROL OF GAS LICENSEES AND ENTITIES WITH INTEREST IN GAS PIPELINE NETWORK

Part VIII SAFETY

Part IX COMPETITION

Part X APPEAL PANEL

Part XI MISCELLANEOUS

Part XII TRANSITIONAL PROVISIONS

Legislative History

PART XI
MISCELLANEOUS
Keeping of register
86.
—(1)  The Authority shall, at such location and in such form as it may determine, maintain a register for the purposes of this section.
(2)  Subject to any direction under subsection (3), the Authority shall cause to be entered in the register —
(a)
the provisions of every licence or exemption granted to any person under Part III and the details of every licence or exemption revoked;
(b)
the details of a relevant facility in respect of which the Authority has granted an exemption under section 38(7);
(c)
the details of every licensed gas service worker;
(d)
the provisions of an exemption granted under section 71 and the details of any exemption revoked;
(e)
the provisions of an exemption granted under section 94;
(f)
the details of every modification made to a gas licence; and
(g)
any other matters as the Authority thinks fit.
(3)  If it appears to the Minister that the entry of any provision or detail in the register would be against the public interest, he may direct the Authority not to make the entry in the register.
(4)  The register shall be available for inspection by the public during such hours and subject to the payment of such fee as may be specified by the Authority.
Effect of direction
87.
—(1)  The obligation to comply with any direction made by the Authority is a duty owed to any person who may be affected by a contravention of it.
(2)  Where a duty is owed by virtue of subsection (1) to any person, any breach of the duty which causes that person to sustain loss or damage shall be actionable at the suit or instance of that person.
(3)  In any proceedings brought against any person under subsection (2), it shall be a defence for him to prove that he took all reasonable steps and exercised all due diligence to avoid contravening the relevant direction.
(4)  Without prejudice to any right which any person may have under subsection (2) to bring civil proceedings in respect of any contravention of any relevant direction, compliance with any such direction shall be enforceable by civil proceedings by the Authority for an injunction or for any other appropriate relief.
Jurisdiction of court
88.  Notwithstanding any provision to the contrary in the Criminal Procedure Code (Cap. 68), a District Court and a Magistrate’s Court shall have jurisdiction to try any offence under this Act and shall have power to impose the full penalty or punishment in respect of any offence under this Act.
Offences by body corporate
89.  Where an offence under this Act has been committed by a company, firm, society or other body of persons, any person who, at the time of the commission of the offence, was a director, manager, secretary or other similar officer or a partner of the company, firm, society or other body of persons or was purporting to act in any such capacity, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly unless he proves that —
(a)
the offence was committed without his consent or connivance; and
(b)
he had exercised all such due diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances.
Fee or financial penalty recoverable
90.  Any fee or financial penalty required to be paid to the Authority under this Act may be recovered by it in any court of competent jurisdiction as if it were a simple contract debt.
General penalties
91.  Any person guilty of an offence under this Act for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part thereof during which the offence continues after conviction.
Composition of offences
92.
—(1)  The Authority may, in its discretion, compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $3,000.
(2)  The Authority may, with the approval of the Minister, make regulations to prescribe the offences which may be compounded.
(3)  All sums collected under this section shall be paid to the Authority.
Appeal to Minister
93.
—(1)  A person aggrieved by —
(a)
any decision of the Authority in the exercise of any discretion vested in it by or under this Act, except for section 27(12); or
(b)
any direction issued by the Authority under this Act,
may, except where provision has been made under this Act for an appeal to be made to an Appeal Panel, appeal to the Minister, together with adequate details of the grounds for the appeal.
(2)  Unless otherwise provided in this Act, an appeal under subsection (1) shall be lodged within 14 days of the receipt of the decision or direction.
(3)  An appeal under subsection (1) shall not suspend the effect of a decision or direction to which the appeal relates unless —
(a)
otherwise provided in this Act or allowed by the Minister; or
(b)
the appeal is against the imposition or the amount of a financial penalty.
(4)  Where the Minister considers that an appeal lodged under subsection (1) involves issues of such nature or complexity that it ought to be considered and determined by persons with particular technical or other specialised knowledge, he may establish by direction an Appeal Panel, comprising one or more of such persons with particular technical or other specialised knowledge and such other persons as the Minister considers appropriate, to consider and determine the appeal.
(5)  Any person who has lodged an appeal under subsection (1) shall provide such information and documents as may be required by the Minister (whether for the purpose of deciding if an Appeal Panel should be established or for determining the appeal) in such manner and within such period as may be specified by the Minister.
(6)  The Minister may determine an appeal under this section by —
(a)
confirming, varying or reversing any decision or direction of the Authority; or
(b)
directing the Authority to reconsider its decision or direction,
and the decision of the Minister shall be final.
(7)  The Minister may make regulations in respect of the manner in which an appeal may be made to, and the procedure to be adopted in the hearing of any appeal by, the Minister under this section.
General exemption
94.  The Authority may, with the approval of the Minister and by order published in the Gazette, exempt any person or premises or any class of persons or premises, subject to such conditions or restrictions as may be specified in the order, from any or all of the provisions of this Act other than sections 6 to 10 and 63B.
Service of documents
95.
—(1)  Any notice, order or document required or authorised by this Act to be given or served on any person, and any summons issued by a court in connection with any offence under this Act may be served on the person —
(a)
by delivering it to him or to some adult member or employee of his family at his last known place of residence;
(b)
by leaving it at his usual or last known place of residence or business in an envelope addressed to him;
(c)
by affixing it to some conspicuous part of his last known place of residence;
(d)
by sending it by registered post addressed to him at his usual or last known place of residence or business; or
(e)
where the person to be served is a body corporate —
(i)
by delivering it to the secretary or other like officer of the body corporate at its registered or principal office; or
(ii)
by sending it by registered post addressed to the body corporate at its registered or principal office.
(2)  Any notice, order, document or summons sent by registered post to any person in accordance with subsection (1) shall be deemed to be duly served on the person at the time when the notice, order, document or summons would, in the ordinary course of post, be delivered and in proving service of the notice, order, document or summons, it shall be sufficient to prove that the envelope containing the same was properly addressed, stamped and posted by registered post.
Regulations
96.
—(1)  The Authority may, with the approval of the Minister, make regulations for or in respect of every purpose which it considers necessary or convenient to be prescribed for carrying out its functions and duties under, and implementing the provisions of, this Act.
(2)  Without prejudice to the generality of subsection (1), the Authority may, with the approval of the Minister, make regulations for or in respect of all or any of the following matters:
(a)
the prevention and suppression of pollution, contamination or waste of gas;
(b)
the prevention of misuse of, or damage to, apparatus and works belonging to a gas transporter or used for the purposes of conveying or supplying gas;
(c)
the prescribing of materials of which conduits, pipes, and other apparatus and fittings for use in connection with the supply of gas shall be made, and in respect of their size, shape, fitting, arrangement, connection, quality and workmanship, testing and inspection and cleaning;
(d)
the protection of the public from dangers arising from the conveyance, supply and use of gas or from any gas plant or gas appliance and the elimination, reduction or prevention of risks of personal injury, damage to property or the interference with the use thereof;
(e)
the regulation of matters relating to the charging in of gas to the premises of consumers by any gas transporter;
(f)
the release of a gas retailer from any obligation owed to a consumer;
(g)
the prescribing of fees and charges for the purposes of this Act;
(h)
the regulation of the construction, laying or placing of a gas pipeline in, on, over, upon, under, across or along any land and the submission and approval of plans relating thereto;
(i)
the prescribing of standards of quality and pressure of gas to be complied with by a gas transporter conveying gas to premises and standards with respect to the properties, composition and other characteristics of gas, including the odorisation of gas so conveyed;
(j)
the regulation of the appointment of independent and impartial persons to carry out tests of gas conveyed by a gas transporter, and all matters relating thereto;
(k)
the regulation of the construction, pattern, type, specification and other characteristics of meters and the appointment of independent and impartial persons to examine meters and to carry out the stamping of meters where appropriate and all matters relating thereto;
(l)
the prescribing of requirements regarding the maintenance, inspection, repair, removal and replacement and repositioning of a meter at a consumer’s premises and for the keeping in proper order, for the purposes of recording the quantity of gas supplied, of a meter made available or owned by a gas licensee or belonging to a consumer or other person;
(m)
the installation and use of meters, and the prohibition of interference with or damage to a meter or any seal or stamp affixed to or made to a meter;
(n)
the prescribing of methods for determining the charges payable by a consumer in the event a meter is found to be defective or otherwise registering erroneously;
(o)
the regulation of the conversion of a gas pipeline network and gas appliances so as to allow for the conveyance of natural gas in the gas pipeline network and for the interconnection of gas pipeline networks and the conferring on any person authorised by a gas transporter or gas retailer of the power to enter the premises of a consumer to carry out any inspection or perform any work relating thereto;
(p)
the regulation of the introduction of competition in the natural gas industry and the timing of such introduction;
(q)
the regulation of the installation, use, maintenance and repair of any gas plant by a consumer where required for the purpose of —
(i)
avoiding pressure fluctuation in a gas pipeline or gas pipeline network owned by, or under the management or control of, a gas transporter; or
(ii)
preventing the admission of gas into a gas main or gas service pipe,
and for the removal, testing and replacing of any such gas plant by a gas transporter;
(r)
the regulation of the inspection, maintenance, repair and renewal of —
(i)
onshore receiving facilities or LNG terminals; or
(ii)
gas installations or gas service pipes, and the recovery of costs incurred by a gas transporter in connection with such inspection, maintenance, repair and renewal;
(s)
the prescribing of technical and standards of performance in connection with the provision of gas supply services by a gas retailer to consumers and the conveyance of gas by a gas transporter and for the publication of the levels of performance achieved;
(t)
the prescribing of terms that will be held to apply as between a gas retailer and a consumer where the gas retailer supplies gas to a consumer other than in accordance with the terms of a contract and for such terms to be approved by the Authority;
(u)
the safety, technical or economic regulation of any gas pipeline or gas pipeline network whether located onshore or offshore;
(v)
the governing of the exercise of the power of the gas transporter to recover expenditure under section 24;
(w)
the conferring on any authorised person of the relevant power, where it is in his opinion necessary to do so, for the purpose of averting danger to life or property, and to disconnect and seal off any gas fitting or any part of the gas pipeline network on the premises, or disconnect the premises or, if the premises are not connected, to signify the refusal of the relevant person to convey gas or, as the case may be, allow gas to be conveyed to the premises and the making of provision for —
(i)
securing that, where any such power is exercised, the consumer will be notified as to the cause of the exercise of power;
(ii)
enabling any consumer so notified to appeal to the Authority on grounds that the exercise of the power was unjustified;
(iii)
enabling the Authority to give such directions in consequence of any such appeal; and
(iv)
prohibiting any person, subject to such conditions as the Authority may prescribe, from re-connecting any gas fitting or any part of any gas pipeline network or any premises which have been disconnected or causing gas from a gas main to be conveyed to any premises;
(x)
the regulation of gas service work and the licensing of gas service workers, including —
(i)
the approval and control of the standards and safety requirements for gas installations, gas fittings, gas appliances and any other associated equipment;
(ii)
the regulation of the installation, removal and modification of gas appliances; and
(iii)
the prohibition of the use, sale or hire of gas appliances and other associated equipment and materials;
(y)
the safety, technical or economic regulation of any LNG terminal or onshore receiving facility;
(z)
the regulation of matters relating to the import of gas, including the quantity of gas that may be imported and the mode of such import.
(3)  The Authority may, in making any regulations, provide that any person who contravenes the regulations shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part thereof during which the offence continues after conviction.
(4)  All such regulations shall be presented to Parliament as soon as possible after publication in the Gazette.
(5)  For the purpose of subsection (2)(w), “relevant person” means —
(a)
in relation to dangers arising from the conveyance of gas by a gas transporter, or from the use of gas conveyed by such a gas transporter, that gas transporter; and
(b)
in relation to dangers arising from the conveyance of gas by a person other than a gas transporter, or from the use of gas conveyed by such a person, the Authority.
Consequential amendments to other written laws
97.
—(1)  Item 9 of the First Schedule to the Criminal Law (Temporary Provisions) Act (Cap. 67) is amended —
(a)
by deleting the words “public gas licensee” and substituting the words “gas licensee”; and
(b)
by deleting the words “Public Utilities Act” and substituting the words “Gas Act (Cap. 116A)”.
(2)  Section 2 of the Statutory Boards (Taxable Services) Act (Cap. 318) is amended by deleting the definition of “statutory board” and substituting the following definition:
“ “statutory board” includes a public telecommunication licensee referred to in the Telecommunications Act (Cap. 323), a gas licensee under the Gas Act (Cap, 116A) and a market support services licensee under the Electricity Act (Cap. 89A);”.