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Contents  

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

 
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On 22/10/2017, you requested the version in force on 22/10/2017 incorporating all amendments published on or before 22/10/2017. The closest version currently available is that of 14/02/2008.
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PART III
LICENSING OF ACTIVITIES RELATING TO GAS
Prohibition on unauthorised activities relating to gas
6.
—(1)  Subject to subsections (2), (3) and (4), 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 owned by, or under the management or control of, a gas transporter;
(b)
convey gas for or on behalf of a gas transporter (other than as an employee of the gas transporter);
(c)
ship gas on or after such date as the Minister may, by order published in the Gazette, specify;
(d)
retail gas on or after such date as the Minister may, by order published in the Gazette, specify;
(e)
manage or operate any onshore receiving facility, whether —
(i)
for himself; or
(ii)
as principal, or for or on behalf of any other person (other than as an employee);
(f)
manage or operate any LNG terminal;
(g)
produce town gas on or after such date as the Minister may, by order published in the Gazette, specify;
(h)
import natural gas or liquefied natural gas; or
(i)
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 licence or 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)  A person who is not incorporated in Singapore and does not have a place of business in Singapore may, without a licence, manage or operate an onshore receiving facility as principal if —
(a)
he appoints a person who is incorporated in Singapore or has a place of business in Singapore to manage or operate the onshore receiving facility on his behalf (other than as an employee); and
(b)
that person is licensed for the purpose of subsection (1)(e)(ii).
(4)  A person may, without a licence, manage or operate an onshore receiving facility on behalf of a principal, whether or not he is incorporated in Singapore or has a place of business in Singapore, if —
(a)
his principal is incorporated in Singapore or has a place of business in Singapore; and
(b)
his principal is licensed for the purpose of subsection (1)(e)(ii).
(5)  An order under subsection (1)(i) may provide for —
(a)
the application of the provisions of this Act to the activity specified in the order subject to such exceptions or modifications as may be specified in the order;
(b)
matters relating to the regulation of the activity specified, including the prescribing of fees and charges;
(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.
(6)  Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1 million and, in the case of a continuing offence, to a further fine not exceeding $25,000 for every day or part thereof during which the offence continues after conviction.
[24/2007 wef 11/06/2007]
Application for gas licence, etc.
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;
(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)
in the case of a gas importer’s licence, in relation to that person, the quantities of natural gas or liquefied natural gas available, or which are anticipated to be available, to that person for import;
(e)
whether or not that person is related to any gas licensee or any person exempted under section 8; and
(f)
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 any or all 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 transport agent’s licence;
(c)
for the purpose referred to in section 6(1)(c), a gas shipper’s licence;
(d)
for the purpose referred to in section 6(1)(d), a gas retailer’s licence;
(e)
for any or all of the purposes referred to in section 6(1)(e), an onshore receiving facility operator’s licence;
(f)
for any or all of the purposes referred to in section 6(1)(f), an LNG terminal operator’s licence;
(g)
for the purpose referred to in section 6(1)(g), a town gas producer’s licence;
(h)
for any or all of the purposes referred to in section 6(1)(h), a gas importer’s licence; and
(i)
for the purpose referred to in paragraph (i) of section 6(1), a licence for such activity as may be specified in any order made 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 licence shall not be granted to any person, if the grant of the licence may, in the opinion of the Authority, give rise to a conflict of interest in the discharge of any duty imposed on the person under this Act, the Electricity Act (Cap. 89A) or any other licence granted to him under this section.
(6)  A gas transporter’s licence shall not be granted to —
(a)
a gas retailer, gas shipper or town gas producer; or
(b)
a person who is the holder of a licence under section 9(1)(a), (c), (d) or (f) of the Electricity Act.
(7)  A gas transport agent’s licence shall not be granted to a gas retailer, gas shipper or town gas producer.
(8)  A gas shipper’s licence shall not be granted to a gas transporter or gas transport agent.
(9)  A gas retailer’s licence shall not be granted to a gas transporter or gas transport agent.
(10)  Without prejudice to the application of section 6(3) and (4), an onshore receiving facility operator’s licence shall not be granted to any person who is not incorporated in Singapore and does not have a place of business in Singapore.
(11)  A town gas producer’s licence shall not be granted to a gas transporter or gas transport agent.
(12)  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.
[24/2007 wef 11/06/2007]
Exemption
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.
Conditions of gas licences
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 of the gas licence 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;
[24/2007 wef 11/06/2007]
(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;
[24/2007 wef 11/06/2007]
(m)
requiring the gas licensee to provide a performance bond, guarantee or any other form of security on such terms and conditions as the Authority may determine; and
[24/2007 wef 11/06/2007]
(n)
where the gas licensee is not incorporated or does not have a place of business in Singapore, requiring the gas licensee to appoint, and notify the Authority of, a person who has a residential address or a place of business in Singapore to accept service on behalf of the gas licensee of any notice, order or document required or authorised by this Act to be given or served on the gas licensee.
[24/2007 wef 11/06/2007]
(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 owned by, or under the management or control 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;
[24/2007 wef 11/06/2007]
(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 a gas pipeline or gas pipeline network owned by, or under the management or control of, the gas transporter and the methods by which such charges are to be determined; and
[24/2007 wef 11/06/2007]
(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 pipeline or gas pipeline network owned by, or under the management or control of, a gas transporter as are necessary for the purposes of complying with obligations owed by the gas retailer to consumers connected to such gas pipeline or gas pipeline network;
[24/2007 wef 11/06/2007]
(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.
(5)  Without prejudice to the generality of subsection (1), an onshore receiving facility operator’s licence may include conditions —
(a)
requiring the onshore receiving facility operator to —
(i)
have in place procedures for compliance by the operator in the event of a public emergency; and
(ii)
have emergency response capabilities; and
(b)
requiring the onshore receiving facility operator 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.
[24/2007 wef 11/06/2007]
(6)  Without prejudice to the generality of subsection (1), an LNG terminal operator’s licence may include conditions —
(a)
pertaining to the type, specifications and use of the LNG terminal;
(b)
requiring the LNG terminal operator to —
(i)
have in place procedures for compliance by the operator in the event of a public emergency; and
(ii)
have emergency response capabilities;
(c)
pertaining to the quantities of natural gas or liquefied natural gas which may be received, stored or processed at the LNG terminal;
(d)
regulating the terms and conditions of any service provided at the LNG terminal; and
(e)
requiring the LNG terminal operator 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.
[24/2007 wef 11/06/2007]
(7)  Without prejudice to the generality of subsection (1), a gas importer’s licence may include a condition controlling the quantities of natural gas or liquefied natural gas to be imported.
[24/2007 wef 11/06/2007]
Prohibition on transfer of gas licence without consent of Authority
10.
—(1)  No gas licence shall be transferred without the prior consent in writing of the Authority.
(2)  Any purported transfer of a gas licence shall be void.
Licensing of gas service worker
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 is registered as a professional engineer and has a valid practising certificate under the Professional Engineers Act (Cap. 253), or 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, a gas transport agent, or an employee of a gas transporter or gas transport agent.
[24/2007 wef 14/02/2008]
Application for gas service worker licence
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, 1996 Ed.) 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.
Engagement of unlicensed gas service worker prohibited
13.  Any person who employs or instructs any person who is not a licensed gas service worker to carry out or cause to be carried out any gas service work shall be guilty of an offence.