MODIFICATION AND ENFORCEMENT OF GAS LICENCES
—(1) The Authority may modify any condition of any gas licence in accordance with this Part.
(2) The Authority shall not modify any condition of a gas licence unless the Authority is satisfied that the modification is requisite or expedient having regard to the functions and duties of the Authority under section 3.
—(1) Where the Authority proposes to modify any condition of a gas licence, the Authority shall give notice to the gas licensee and other gas licensees likely to be affected by the proposed modification —
stating that the Authority proposes to make a modification to the condition of the gas licence;
setting out the nature and effect of the modification;
stating the reasons why the Authority proposes to make the modification, including whether the need for the modification was the subject of a prior representation made by a third party or the affected gas licensee; and
specifying the period (not being less than 28 days from the date of the service of the notice on the gas licensee) within which representations with respect to the proposed modification may be made.
(2) Where the Authority receives any written representation under subsection (1), the Authority shall consider such representation and may —
reject the representation; or
withdraw or amend the proposed modification in accordance with the representation or otherwise.
—(1) Upon the expiry of the period referred to in paragraph (d) of section 15(1) and upon the consideration of any representation received under that paragraph, the Authority may, by issuing a direction in writing to the gas licensee, modify the condition of the gas licence, and, subject to subsection (2), the modification shall be effective from such date as the Authority may specify in the direction.
(2) A modification made in accordance with this Part may not be effective earlier than —
the end of the period referred to in section 15(1)(d) unless the gas licensee consents to the modification being effective prior to the end of such period; or
—(1) If the Authority is satisfied that —
a gas licensee has gone into compulsory liquidation or voluntary liquidation other than for the purpose of amalgamation or reconstruction;
a gas licensee has made any arrangement, compromise or composition with any of its creditors;
any circumstance specified in a gas licensee’s gas licence giving rise to the Authority’s power to revoke or suspend the licence exists;
a gas licensee has not complied with any direction or requirement issued by the Authority under section 19; or
the public interest or security of Singapore requires,
the Authority may, by notice in writing and without payment of any compensation, revoke or suspend the gas licence for such period as the Authority thinks fit.
(2) In the case of subsection (1)(c) or (d), the Authority may further require the payment by the gas licensee of a financial penalty, in addition to any sanction imposed under section 19, of an amount not exceeding 10% of the annual turnover of the gas licensee’s licensed gas business ascertained from its latest audited accounts, or an amount not exceeding $1 million, whichever is higher.
19. If the Authority is satisfied that a gas licensee is contravening, is likely to contravene or has contravened any condition of its gas licence, any provision of any code of practice or standard of performance applicable to the gas licensee, any provision of this Act, or any direction (including a direction under paragraph (a)) issued by the Minister or the Authority to, or applicable to, the gas licensee, the Authority may by notice in writing to the gas licensee do one or more of the following:
direct the gas licensee to do or not to do such things as are specified in such direction;
require the gas licensee to provide a performance bond, guarantee or other form of security on such terms and conditions as the Authority may determine; and
where the gas licensee is contravening or has so contravened such condition, provision or direction, require the payment of a financial penalty of an amount not exceeding 10% of the annual turnover of the gas licensee’s licensed gas business ascertained from its latest audited accounts, or an amount not exceeding $1 million, whichever is the higher.
20. [Deleted by Act 24/2007 wef 08/06/2007]