On 26/05/2013,
you requested for the version in force on 26/05/2013
incorporating all amendments published on or before 26/05/2013.
The closest version currently available is that of 09/04/2001.
PART III
LICENSING OF ACTIVITIES RELATING TO GAS
6.
—(1) Subject to subsection (2), no person shall —
(a)
convey gas —
(i)
through a gas pipeline or gas pipeline network to any premises; or
(ii)
to a gas pipeline or gas pipeline network of a gas transporter;
(b)
retail gas which has been so conveyed for use in any premises; or
(c)
carry on such other activity relating to gas as the Minister may, by order published in the Gazette, specify,
unless he is authorised to do so by a gas transporter’s licence or gas retailer’s licence or a licence granted under section 7(3)(c) or he is exempted under section 8.
(2) A person may, without a licence —
(a)
convey, in any premises or part thereof in which that person has an interest, gas supplied for use in the premises; or
(b)
sell, for use in any premises or part thereof in which that person has an interest, gas retailed for use in the premises by a gas retailer.
(3) An order under subsection (1)(c) may provide for —
(a)
the making of regulations by the Authority, with the approval of the Minister, in respect of the activity specified in the order;
(b)
the application of the provisions of this Act and the regulations to the activity specified in the order subject to such exceptions or modifications as may be specified in the order;
(c)
the conditions which may be included in a licence authorising the carrying on of the activity specified in the order; and
(d)
generally for giving full effect to or for carrying out the purposes of the order.
(4) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500,000.
7.
—(1) An application for a licence, an extension to a licence or an exemption under this Part shall —
(a)
be made in writing to the Authority and shall be in such form as may be determined by the Authority; and
(b)
be accompanied by such information, document and fee as may be determined by the Authority.
(2) In determining whether to grant or extend a licence to or for a particular person, the Authority shall consider the following:
(a)
the ability of that person to finance the carrying on of the particular activity;
(b)
the experience of that person in carrying on the activity, and his ability to perform the duties which would be imposed on him under this Act and the licence, if granted;
(c)
in the case of a gas retailer’s licence, in relation to that person —
(i)
the quantities of gas available, or which are anticipated to be available, to that person for retail purposes; and
(ii)
the sufficiency of rights held, or which are anticipated to be held, by that person to ship gas to premises for retail purposes;
(d)
whether or not that person is related to any gas licensee or any person granted an exemption under section 8; and
(e)
the functions and duties of the Authority under section 3.
(3) The Authority may, with the approval of the Minister, grant or extend —
(a)
for all or any of the purposes referred to in section 6(1)(a), a gas transporter’s licence;
(b)
for the purpose referred to in section 6(1)(b), a gas retailer’s licence; and
(c)
for the purpose referred to in paragraph (c) of section 6(1), such licence as specified in any order made or extended under that paragraph.
(4) A gas transporter’s licence granted or extended for the purpose referred to in section 6(1)(a)(i) shall specify the area to which the licence relates, which area may include any part of an area specified in an existing licence granted to another person under this section.
(5) A gas transporter’s licence shall not be granted to —
(a)
a person who is the holder of a gas retailer’s licence; or
(b)
any other person, if the grant of such licence may, in the opinion of the Authority, give rise to a conflict of interest in the discharge of any duty imposed on such person under this Act, the Electricity Act 2001 or any licence issued to him under this section.
(6) A gas retailer’s licence shall not be granted to —
(a)
a person who is the holder of a gas transporter’s licence; or
(b)
any other person, if the grant of such licence may, in the opinion of the Authority, give rise to a conflict of interest in the discharge of any duty imposed on such person under this Act, the Electricity Act 2001 or any licence issued to him under this section.
(7) Every licence granted or extended under this Part shall continue in force, unless it is revoked or suspended, for such period as may be specified in the licence.
8.
—(1) The Authority may, with the approval of the Minister, by order published in the Gazette, exempt any person or class of persons from complying with section 6(1) for any specified period —
(a)
generally or to such an extent as may be specified in the order; and
(b)
unconditionally or subject to such conditions as may be specified in the order.
(2) Without prejudice to the generality of subsection (1)(b), the conditions of an exemption may require any person carrying on any activity in pursuance of the exemption —
(a)
to comply with any direction given by the Authority as to such matters as are specified in the exemption order or are of a description so specified;
(b)
to do or not to do such things as are specified in the exemption order or are of a description so specified, except in so far as the Authority consents to his doing or not doing them; and
(c)
to refer for determination by the Authority such questions arising under the exemption as are specified in the exemption order or are of a description so specified.
(3) If any condition of an exemption granted to a class of persons is not complied with by any person of that class, the Authority may give to that person a direction declaring that the exemption is revoked, in so far as it relates to that person, to such extent and from such date as may be specified in the direction.
(4) An exemption order shall continue in force, unless it is revoked, for such period as may be specified in the order.
(5) In granting an exemption under this section, the Authority shall act in a manner so as not to discriminate between members of a particular class.
9.
—(1) A gas licence may include such restrictions or conditions (whether or not relating to the activities authorised by the gas licence) as appear to the Authority to be requisite or expedient having regard to the functions and duties of the Authority under section 3.
(2) Without prejudice to the generality of subsection (1), a gas licence may include conditions —
(a)
restricting the activities which the gas licensee is permitted to carry out;
(b)
requiring payments to be made to the Authority on the grant, or during the currency, of a gas licence or both, of such amount as may be determined by or under the gas licence;
(c)
requiring the gas licensee to furnish specified persons or the Authority in such manner and at such times as may be specified with such information as appears to the Authority to be requisite or expedient for the purpose of facilitating the exercise by those persons or the Authority of the functions or duties assigned to them or as may be reasonably required for that purpose;
(d)
requiring the gas licensee to furnish to the Authority financial information including regulatory accounts in respect of such period and on such basis as may be specified;
(e)
controlling, limiting or restricting —
(i)
the ownership or control, directly or indirectly, of the gas licensee;
(ii)
the creation, holding or disposal of any interest in shares in the gas licensee or in any person holding shares in the gas licensee; or
(iii)
any other interest in the licensed gas business or undertaking of the gas licensee or any part thereof;
(f)
requiring the gas licensee to comply with any direction, determination, order or decision of the Authority as to such matters specified in its gas licence or are of a description so specified;
(g)
requiring the gas licensee to do or not to do such things as are specified in its gas licence or are of a description so specified, except in so far as the Authority consents to its doing or not doing them, as the case may be;
(h)
requiring the gas licensee to comply with any code of practice and standard of performance applicable to the gas licensee;
(i)
providing for the determination by the Authority of such questions arising under the gas licence, or under any document specified or described in the gas licence;
(j)
imposing requirements by reference to designation, acceptance or approval by the Authority;
(k)
providing for references in the conditions to any document specified or described in the gas licence to operate as references to that document as revised or re-issued from time to time; and
(l)
providing that the conditions of the gas licence shall have effect or cease to have effect at such times and in such circumstances as may be determined by or under the conditions.
(3) Without prejudice to the generality of subsection (1), a gas transporter’s licence may include conditions —
(a)
requiring the gas transporter to enter into an arrangement with any person for —
(i)
the conveyance of gas through a gas pipeline or gas pipeline network of the gas transporter; and
(ii)
such other purposes as may be specified in the gas transporter’s licence,
on such terms as may be approved by the Authority;
(b)
identifying specified agreements or classes of agreements which the gas transporter may only enter into on such terms as may be approved by the Authority;
(c)
pertaining to the transmission and distribution of gas;
(d)
requiring the gas transporter to have in place procedures to be followed in the event of a public emergency and requiring it to maintain a national gas emergency service for the gas supply system;
(e)
requiring the gas transporter to appoint, at such intervals and on such terms as the Authority may direct, an independent technical auditor for the purposes specified in any such condition;
(f)
requiring the gas transporter to interconnect one or more gas pipelines or gas pipeline networks or to convert a gas pipeline network to allow for the conveyance of natural gas through that gas pipeline network;
(g)
pertaining to the prices to be charged by the gas transporter for use of the gas transporter’s gas pipeline or gas pipeline network and the methods by which such charges are determined; and
(h)
requiring the gas transporter to establish and maintain arrangements with respect to the provision of special services for meeting the needs of consumers who are chronically sick, disabled or elderly or as appear to the Authority to be requisite or expedient having regard to those duties.
(4) Without prejudice to the generality of subsection (1), a gas retailer’s licence may include conditions —
(a)
requiring the gas retailer to secure such rights for the conveyance of gas through a gas transporter’s gas pipeline or gas pipeline network as are necessary for the purposes of complying with those obligations owed by it to consumers connected to such gas pipeline or gas pipeline network;
(b)
requiring the gas retailer to establish and maintain arrangements with respect to the provision of special services for meeting the needs of consumers who are chronically sick, disabled or elderly or as appear to the Authority to be requisite or expedient having regard to those duties;
(c)
requiring the gas retailer to act as a retailer of last resort in the event of the failure or default of another gas retailer;
(d)
pertaining to converting a gas pipeline network to allow for the conveyance of natural gas through a gas pipeline network; and
(e)
pertaining to the prices to be charged by the gas retailer for the retailing of gas and the methods by which such charges are determined.
11.
—(1) No person shall —
(a)
carry out or offer or undertake to carry out any gas service work; or
(b)
advertise or otherwise hold himself out or conduct himself in any way or by any means as a gas service worker or as a person who carries out or who is qualified by any written law to carry out gas service work,
unless he holds a valid gas service worker licence in respect of the specific class of work being carried out or to be carried out.
(2) Any person who contravenes subsection (1) shall be guilty of an offence.
(3) This section shall not apply to a gas transporter or its employees.
12.
—(1) Any person who wishes to be a licensed gas service worker shall apply to the Authority.
(2) An application under subsection (1) shall be made in such manner or form as the Authority may determine and shall be accompanied by the prescribed fee and such documents and particulars as the Authority may determine.
(3) The Authority may, in its discretion, license a gas service worker either unconditionally or subject to such conditions as it thinks fit, or may refuse to license him.
(4) The Authority may at any time vary or revoke any of the existing conditions of a gas service worker licence or impose new conditions or suspend or cancel such licence.
(5) The Authority may license gas service workers under different classes for different types of gas service work.
(6) Any person holding a gas service worker licence granted under section 100 of the Public Utilities Act (Cap. 261) in force immediately before the appointed day shall, unless the Authority directs otherwise, be deemed to be a licensed gas service worker under this Act.