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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 13/12/2017, you requested the version in force on 13/12/2017 incorporating all amendments published on or before 13/12/2017. The closest version currently available is that of 14/02/2008.
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PART VI
GAS RETAILERS AND GENERAL PROVISIONS
General duties of gas retailer
37.  It shall be the duty of a gas retailer —
(a)
to develop and maintain a safe, efficient, reliable and economical service for the retailing of gas; and
(b)
to carry on its licensed gas business at all times in such manner so as not to prevent, restrict or otherwise hinder the development of competition in any gas market in Singapore.
Rights of access to relevant facility
38.
—(1)  Subject to subsection (7), an owner of a relevant facility shall provide access to the relevant facility without undue discrimination.
(2)  If a person is unable to negotiate access to a relevant facility, he may, after giving the owner of the facility not less than 28 days notice, apply to the Authority for directions under this section in order to secure rights of access to that facility.
(3)  Where an application is made under subsection (2), it shall be the duty of the Authority —
(a)
to decide whether the application should be adjourned to enable negotiations or further negotiations to take place;
(b)
to decide whether the application should be considered further or rejected;
(c)
to give the applicant and the owner of the relevant facility or any other person whom the Authority considers has an interest an opportunity to be heard; and
(d)
to inform such persons of its decision.
(4)  Where, after considering an application under subsection (2), the Authority is satisfied that the efficient operation of the relevant facility or compliance by the owner of the relevant facility with this Act or the conditions of a gas licence would not be prejudiced by the giving of directions, the Authority may give directions —
(a)
specifying the terms on which the Authority considers the owner of the relevant facility should enter into an access agreement with the applicant in order to —
(i)
secure to the applicant an appropriate access right for the quantities and quality of gas specified in the directions for the duration specified in the directions;
(ii)
secure that the exercise of that access right is not prevented or impeded;
(iii)
regulate the charges which may be imposed by the owner of the relevant facility for that access right; and
(iv)
secure to the applicant any ancillary or incidental rights that the Authority considers necessary or expedient, including connections rights;
(b)
specifying the sums or the method of determining the sums which the Authority considers should be paid by the applicant to the owner of the relevant facility in consideration of that access right;
(c)
requiring the owner of the relevant facility, if the applicant pays or agrees to pay those sums within a period specified in the directions, to enter into an agreement with him on the terms so specified; and
(d)
requiring the owner of the relevant facility to make such adjustments to charges imposed by the owner on existing users of the relevant facility, as the Authority considers appropriate.
[24/2007 wef 11/06/2007]
(4A)  For the avoidance of doubt, the Authority may give directions under subsection (4) notwithstanding that such directions may prejudice the performance of any contractual obligation of the owner of the relevant facility, whether such obligation relates to a contract made before, on or after the appointed day.
[24/2007 wef 11/06/2007]
(5)  In giving any directions under this section, the Authority shall apply the principle that the owner of the relevant facility providing access to the facility should be entitled to receive —
(a)
the appropriate proportion of its capital value and operating costs incurred in respect of the facility; and
(b)
a reasonable rate of return on the appropriate proportion of the capital value of the facility.
(6)  The Authority may require any person who requires access to a gas pipeline or gas pipeline network or who is undertaking the trading of gas at any point (whether actual or notional) in a gas pipeline or gas pipeline network to enter into any agreement designated by the Authority for the purposes of this section.
(7)  The Authority may exempt a relevant facility from the requirements set out in this section unconditionally or subject to such conditions as may be specified.
(8)  Any person who fails to comply with a direction of the Authority under this section 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 $100,000 for every day or part thereof during which the offence continues after conviction.
[24/2007 wef 11/06/2007]
(9)  Any person who does any act which has or is likely to have the effect of obstructing, hindering or otherwise preventing any other person from complying with a direction of the Authority under this section 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 $100,000 for every day or part thereof during which the offence continues after conviction.
[24/2007 wef 11/06/2007]
(10)  No action, suit or other legal proceedings shall lie against any party to a contract made before the appointed day for, or in relation to, any breach of that contract, where such breach is solely attributable to, or occasioned by, the compliance by that party with any direction of the Authority under this section.
[24/2007 wef 11/06/2007]
(11)  Nothing in subsection (10) shall affect the operation of the Frustrated Contracts Act (Cap. 115).
[24/2007 wef 11/06/2007]
(12)  In this section —
“appointed day” means the date of commencement of section 16 of the Gas (Amendment) Act 2007;
“appropriate proportion” means a proportion which properly —
(a)
reflects the use made of the relevant facility by virtue of the access right as compared with the use made of that facility for other purposes; and
(b)
takes into account sums paid previously in consideration for the access right;
“owner”, in relation to a relevant facility, means any person legally occupying or having control of the relevant facility;
“relevant facility” means any one or all of the following:
(a)
a gas pipeline or a gas pipeline network;
(b)
a gas processing or production facility which carries out any of the following operations:
(i)
synthesising, manufacturing, purifying, blending, odorising or compressing gas for the purpose of enabling it to be introduced into or conveyed through a gas pipeline network owned by, or under the management or control of, a gas transporter or an exempt gas transporter;
(ii)
removing from gas for that purpose any of its constituent gas, or separating from gas for that purpose any liquids; and
(iii)
determining the quantity or quality of gas which is or is to be introduced, or so conveyed; or
(c)
such onshore receiving facility, LNG terminal, gas storage or landing facility (other than a gas pipeline), as may be designated by the Authority to be a relevant facility for the purposes of this section for such time as the Authority considers appropriate.
[24/2007 wef 11/06/2007]
Arrangements by Authority for allocation of gas
38A.
—(1)  Upon the application of any person who is unable to enter into an arrangement for the allocation of gas in any offshore gas pipeline, the Authority may give directions to —
(a)
the applicant; and
(b)
every person whose gas is being conveyed through the offshore gas pipeline,
requiring the persons referred to in paragraphs (a) and (b) to enter into such arrangement for the allocation of gas in the offshore gas pipeline on such terms, and to take such steps to ensure that the arrangement is given effect to, as the Authority may specify.
(2)  Where the Authority has given directions for an arrangement for the allocation of gas in an offshore gas pipeline under subsection (1) as between the persons referred to in paragraphs (a) and (b) of that subsection —
(a)
so much of any arrangement as between the persons referred to in subsection (1)(b) for the allocation of gas in that offshore gas pipeline in force immediately prior to the arrangement so directed by the Authority shall thereupon cease to apply; and
(b)
the arrangement directed by the Authority shall cease to apply as between the persons referred to in paragraphs (a) and (b) of subsection (1) upon those persons thereafter entering into an arrangement as between themselves for the allocation of gas in the offshore gas pipeline.
(3)  Any person who fails to comply with a direction of the Authority under this section 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 $100,000 for every day or part thereof during which the offence continues after conviction.
(4)  Any person who does any act which has or is likely to have the effect of obstructing, hindering or otherwise preventing any other person from complying with a direction of the Authority under this section 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 $100,000 for every day or part thereof during which the offence continues after conviction.
(5)  No action, suit or other legal proceedings shall lie against any party to a contract made before the date of commencement of section 17 of the Gas (Amendment) Act 2007 for, or in relation to, any breach of that contract, where such breach is solely attributable to, or occasioned by, the compliance by that party with any direction of the Authority under this section.
(6)  Nothing in subsection (5) shall affect the operation of the Frustrated Contracts Act (Cap. 115).
(7)  In this section, “offshore gas pipeline” means any gas pipeline in Singapore waters used for the conveyance of gas to any onshore receiving facility.
[24/2007 wef 11/06/2007]
Notice of obstruction of gas main or other apparatus
39.
—(1)  Where any gas pipeline, internal pipe or other apparatus placed in, on, over, under, upon, along or across any premises becomes obstructed or in any way damaged, the occupier of the premises shall, immediately on the obstruction or damage coming to his knowledge, give notice thereof to the gas transporter, relevant gas shipper or relevant gas retailer.
(2)  Any occupier who neglects to give notice under subsection (1) after acquiring such knowledge shall be guilty of an offence and his premises may be disconnected by the gas transporter or the supply of gas to his premises may be discontinued by the relevant gas shipper or relevant gas retailer until the necessary repairs are effected or the obstruction is removed.
[24/2007 wef 11/06/2007]
Obstructing gas licensee in performance of duties
40.  Any person who at any time molests, or without cause, hinders or obstructs, any employee, agent or contractor of a gas licensee in the performance of his duties or anything which he is respectively authorised, empowered or required to do under this Act shall be guilty of an offence.
Making of false statements
41.
—(1)  Any person who —
(a)
when giving any information to the Authority or when making any application under or for the purposes of any provision of this Act, makes any statement which he knows to be false in a material particular; or
(b)
when giving any information to the Authority or a gas licensee, recklessly makes any statement which is false in a material particular the effect of which is to endanger the safety of any gas pipeline or gas pipeline network,
shall be guilty of an offence.
(2)  Any person who —
(a)
wilfully or fraudulently procures or attempts to procure for himself or for any other person any gas licence under this Act by making or producing or causing to be made or produced any false or fraudulent representation or declaration verbally or in writing; or
(b)
knowingly aids or assists therein,
shall be guilty of an offence.
Falsely pretending to be employee of Authority or gas licensee
42.  Any person who seeks to obtain entry to any premises by falsely pretending to be an employee of the Authority or a gas licensee shall be guilty of an offence.
Gas plant and gas fittings not to be subject to distress
43.  Any gas fitting which is connected to a gas service pipe, and any gas plant in a consumer’s premises which is owned by a gas licensee and is marked or impressed with a sufficient mark, plate or brand indicating its owner —
(a)
shall continue to remain the property of its owner and shall be deemed not to be a fixture, notwithstanding that it may be fixed or fastened to any part of the premises in which it may be situated; and
(b)
shall not be subject to distress or be liable to be taken in execution under process of any court or any proceedings in bankruptcy against the person in whose possession it may be.
Meters
44.
—(1)  Every consumer shall take his supply of gas through a meter the use of which does not contravene the regulations.
(2)  In default of the consumer doing so —
(a)
the gas transporter may disconnect or refuse to connect his premises; or
(b)
the relevant gas shipper or relevant gas retailer may authorise the supply of gas to his premises to be discontinued and any gas shipper or gas retailer may refuse to supply gas to his premises.
[24/2007 wef 11/06/2007]
(3)  Any meter —
(a)
owned by, or under the management or control of, a gas transporter or owned by a relevant gas shipper; and
(b)
lent or hired to a consumer by the gas transporter or relevant gas shipper, as the case may be,
shall, at all times and without charge to that consumer, be kept by the gas transporter or relevant gas shipper, as the case may be, in proper order for correctly registering the quantity of gas supplied to that consumer.
[24/2007 wef 11/06/2007]
(4)  A consumer shall at all times keep a meter which belongs to him in proper order for correctly registering the quantity of gas supplied to him.
(5)  Subject to the regulations, where a consumer is supplied with gas through a meter, the index of the meter shall be prima facie evidence of the quantity of gas supplied to the consumer.
Prices of gas retailer
45.
—(1)  The prices to be charged by a gas retailer and to be paid by a person to whom the gas retailer retails gas shall be in accordance with such rates as may be established from time to time by the gas retailer in accordance with the conditions of its gas retailer’s licence.
(2)  The prices established by a gas retailer under subsection (1) shall be published in such manner as to ensure adequate publicity unless the Authority otherwise directs.
(3)  In establishing prices under subsection (1), a gas retailer shall neither show undue preference as between persons or any class of persons nor exercise undue discrimination as between persons or any class of persons.
Power to recover gas charges, etc.
46.
—(1)  Where —
(a)
a demand in writing is made by a gas retailer for the payment of any of the charges due to it from a consumer in respect of the supply of gas to his premises; and
(b)
the consumer does not pay those charges within 28 days after the making of the demand,
subsections (3) and (4) shall apply.
(2)  Where —
(a)
a request in writing is made by a gas retailer for the provision of a deposit by way of reasonable security for the payment of the charges due to it from a consumer in respect of the supply of gas to his premises; and
(b)
the consumer does not provide such a deposit within 7 days after the making of the request,
subsection (3) shall apply.
(3)  If the gas retailer is a relevant gas retailer, it may, after giving not less than 7 days notice of its intention —
(a)
discontinue the supply to the consumer’s premises or any other premises occupied by the consumer; and
(b)
recover any expenses incurred in so doing from the consumer.
(4)  If —
(a)
the gas retailer is not a relevant gas retailer but another gas retailer (the new gas retailer) is such a gas retailer; and
(b)
the gas retailer has assigned to the new gas retailer its right to recover any of the charges due to it from the consumer,
subsection (3) shall apply as if any reference to the gas retailer were a reference to the new gas retailer.
(5)  The powers conferred by subsections (3) and (4) shall not be exercisable in respect of any charges or deposit the amount of which is genuinely in dispute.
Unauthorised connection with gas pipeline network, etc.
47.
—(1)  Any person who —
(a)
intentionally lays or causes to be laid a pipe or a gas fitting to connect with any gas pipeline or gas pipeline network belonging to or under the management or control of a gas transporter without the consent of the gas transporter;
(b)
dishonestly or fraudulently abstracts, uses or consumes any supply of gas; or
(c)
intentionally alters or tampers with any meter through which gas is supplied,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 5 years 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.
(2)  Where any person is prosecuted for an offence under subsection (1)(c) —
(a)
the possession by him of any device for altering the index of any meter or for preventing any meter from duly registering the quantity of gas supplied;
(b)
the existence of any hole on the meter cover of any meter supplied by a gas licensee;
(c)
the existence of any damage to, removal of or change to the chemical composition of any paint or other chemical compound applied by a gas licensee over any screw, or other component or mechanism of any meter; or
(d)
the existence of any damage to the seal which is fastened to the outer cover of any meter to ensure that the cover is not removed, opened, dislodged or otherwise tampered with,
when the meter is in the custody or under the control of the person, shall be prima facie evidence that the person has altered or tampered with the meter.
(3)  In the case of any offence under subsection (1), the gas transporter may disconnect the premises of, or the relevant gas shipper or relevant gas retailer may discontinue the supply of gas to the premises of, the person referred to in that subsection.
[24/2007 wef 11/06/2007]
Supply of gas illegally taken
48.
—(1)  Where any person is guilty of an offence under section 47 or otherwise takes a supply of gas which is in the course of being conveyed by a gas transporter, the gas transporter shall be entitled to recover from that person the value of gas so taken.
(2)  Where —
(a)
any person at premises which have been re-connected in contravention of section 49(1) takes a supply of gas which has been conveyed to those premises by the gas transporter; and
(b)
the supply is taken otherwise than in pursuance of a contract,
the gas transporter shall be entitled to recover from that person the value of the gas so taken.
(3)  A gas transporter shall make, and from time to time revise, a scheme providing for the manner in which the quantity of gas taken in such circumstances as are mentioned in subsection (1) or (2) is to be determined.
(4)  A scheme under this section may make different provisions for different cases or classes of cases, or for different areas, determined by, or in accordance with, the provisions of the scheme.
(5)  As soon as practicable after a gas transporter makes a scheme under this section or a revision of such a scheme it shall —
(a)
publish, in such manner as it considers appropriate for bringing it to the attention of persons likely to be affected by it, a notice stating the effect of the scheme or revision;
(b)
send a copy of the scheme or revision to the Authority; and
(c)
if so requested by any other person, send such a copy to that person without charge to him.
(6)  For the purposes of subsections (1) and (2), “value”, in relation to any gas taken in the circumstances referred to in those subsections, means the amount which could reasonably be expected to have been payable by a consumer in respect of the gas.
Restoration of supply without consent
49.
—(1)  Where any premises have been disconnected by a gas transporter in exercise of the powers under this Act or pursuant to a valid and enforceable contractual right —
(a)
any person who, without the consent of the gas transporter, re-connects the supply of gas to those premises 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 3 years or to both; and
(b)
the gas transporter may again disconnect the premises.
(2)  Where the supply of gas to any premises has been discontinued by a gas shipper or gas retailer in exercise of the powers under this Act or pursuant to a valid and enforceable contractual right —
(a)
any person who, without the consent of the gas shipper or gas retailer, as the case may be, restores the supply of gas to those premises 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 3 years or to both; and
(b)
the gas transporter whose pipeline is connected to those premises (whether such pipeline is owned by, or under the management or control of, him) may disconnect the premises.
[24/2007 wef 11/06/2007]
Failure to notify connection to or disconnection from gas pipeline, etc.
50.
—(1)  No person shall —
(a)
connect —
(i)
any meter with a gas pipeline;
(ii)
any meter with an internal pipe connected to a gas pipeline; or
(iii)
any internal pipe to a gas pipeline,
through which gas is conveyed to any premises by a gas transporter; or
(b)
disconnect such meter or internal pipe,
unless he has given 48 hours’ notice in the prescribed form of his intention to do so —
(A)
in a case where gas is supplied to the premises by a relevant gas shipper or relevant gas retailer, to the gas shipper or gas retailer; and
(B)
in any other case, to the gas transporter.
(2)  Subject to subsection (3), a notice under subsection (1) shall contain —
(a)
details of the time and place of the proposed connection or disconnection; and
(b)
such other information as may be prescribed.
(3)  In so far as it is not reasonably practicable for a notice under subsection (1) to contain any information required by subsection (2) (b), it shall be a sufficient compliance with that requirement under subsection (2)(b) if the information is given to the relevant gas shipper, relevant gas retailer or gas transporter, as the case may be, within 48 hours after the connection or disconnection is effected.
(4)  Where under this section any meter through which gas has been supplied to any premises is completely disconnected, that is to say, is disconnected both from the gas pipeline and from all other pipes within the premises, the person making the disconnection shall, except in so far as it is not reasonably practicable for him to do so —
(a)
ascertain the name and address of the owner of the meter; and
(b)
inform that owner of the disconnection and of the address at which the meter will be available for collection.
(5)  Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
[24/2007 wef 11/06/2007]
Proper use of gas
51.  If any consumer supplied with gas improperly uses or deals with the gas so as to interfere with the efficient conveyance or supply of gas (whether to that person or to any other person) —
(a)
his premises may be disconnected by the gas transporter; or
(b)
the supply of gas to his premises may be discontinued by the relevant gas shipper or relevant gas retailer.
[24/2007 wef 11/06/2007]
No obligation to restore supply where consumer in default
52.
—(1)  This section applies where —
(a)
a consumer’s premises have been disconnected by a gas transporter under this Act; or
(b)
the supply of gas to a consumer’s premises has been discontinued by a gas shipper or gas retailer under this Act.
(2)  The gas transporter shall not be under any obligation to re-connect the consumer’s premises, or the gas shipper or gas retailer shall not be under any obligation to restore the supply of gas to the consumer’s premises, as the case may be, until —
(a)
the consumer is no longer the owner or occupier of the premises; or
(b)
the consumer —
(i)
has made good the default, or remedied the matter, in consequence of which the premises were disconnected or the supply of gas to such premises was discontinued; and
(ii)
has paid the reasonable expenses of disconnecting and re-connecting the premises or of discontinuing and restoring the supply of gas to the premises, as the case may be.
[24/2007 wef 11/06/2007]
Entry for preventing escapes of gas, etc.
53.
—(1)  Where a gas transporter has reasonable cause to suspect that —
(a)
gas conveyed by it is escaping, or may escape, in any premises; or
(b)
gas so conveyed which has escaped has entered, or may enter, any premises,
any person authorised by the gas transporter may immediately and without notice enter the premises, inspect the gas fittings or gas plant, carry out any work or other steps necessary to avert danger to life or property.
(2)  Where a gas transporter has reasonable cause to suspect that —
(a)
gas conveyed through gas mains by some other person is escaping, or may escape, in any premises within the area specified in its gas transporter’s licence; or
(b)
gas so conveyed which has escaped has entered, or may enter, any premises in such an area,
any person authorised by the gas transporter may immediately and without notice enter the premises and take any steps necessary to avert danger to life or property.
Entry during supply
54.
—(1)  Subject to section 60, any person authorised by a gas transporter may enter a consumer’s premises for the purpose of —
(a)
exercising the gas transporter’s rights under section 29;
(b)
ascertaining the quantity of gas conveyed to the premises; or
(c)
exercising such other powers as may be specified in the Act.
(2)  Subject to section 60, any person authorised by a relevant gas shipper or relevant gas retailer may enter a consumer’s premises for the purpose of —
(a)
inspecting gas fittings; or
(b)
ascertaining the quantity of gas supplied or conveyed to the premises.
[24/2007 wef 11/06/2007]
Entry on discontinuance of supply
55.
—(1)  This section applies where —
(a)
a gas transporter is authorised by this Act to disconnect any premises or a gas shipper or gas retailer is authorised by this Act to discontinue the supply of gas to any premises;
(b)
a person occupying any premises supplied with gas by a gas shipper or gas retailer ceases to require a supply of gas; or
(c)
a person entering into occupation of any premises previously supplied with gas by a gas shipper or gas retailer does not take a supply of gas.
(2)  Subject to section 60 —
(a)
any person authorised by a gas transporter may, after 7 days’ notice to the occupier of any premises, or to the owner of the premises if they are unoccupied, enter the premises for the purpose of —
(i)
disconnecting the premises; or
(ii)
removing any meter or other gas fitting owned by, or under the management or control of, the gas transporter;
(b)
any person authorised by a gas shipper may, after 7 days’ notice to the occupier of any premises, or to the owner of the premises if they are unoccupied, enter the premises for the purpose of —
(i)
discontinuing the supply of gas to the premises; or
(ii)
removing any meter or other gas fitting owned by the gas shipper; and
(c)
any person authorised by a gas retailer may, after 7 days’ notice to the occupier of any premises, or to the owner of the premises if they are unoccupied, enter the premises for the purpose of discontinuing the supply of gas to the premises.
[24/2007 wef 11/06/2007]
Entry following discontinuance of supply
56.
—(1)  This section applies where a consumer’s premises have been disconnected by a gas transporter, or the supply of gas to a consumer’s premises has been discontinued by a gas shipper or gas retailer, otherwise than in the exercise of a power conferred by section 53 or 65 or the regulations.
(2)  Subject to section 60 —
(a)
any person authorised by the gas transporter may enter the premises for the purpose of ascertaining whether the premises have been re-connected without the consent of the gas transporter; and
(b)
any person authorised by the gas shipper or gas retailer may enter the premises for the purpose of ascertaining whether the supply of gas has been restored without the consent of the gas shipper or gas retailer, as the case may be.
[24/2007 wef 11/06/2007]
57.  [Repealed by Act 24/2007 wef 08/06/2007]
Entry for replacing, repairing or altering pipes
58.
—(1)  Subject to section 60, any person authorised by a gas transporter may, after 7 days notice to the occupier of any premises, or to the owner of the premises if they are unoccupied, enter the premises for the purpose of —
(a)
placing a new gas plant in the place of any existing gas plant which has already been lawfully placed; or
(b)
maintaining, inspecting, repairing, removing or altering any existing gas fitting.
(2)  Notwithstanding subsection (1), in the case of an emergency arising from any defect in a gas plant or gas fitting, the person authorised by the gas transporter may immediately and without notice enter any premises for the purposes referred to in that subsection, but notice of the entry and the justification for it shall then be given as soon as possible after the occurrence of the emergency.
Entry into premises by gas transporter for purposes of inspection
59.  Subject to section 60, a person authorised by a gas transporter may, after 7 days notice to the occupier of any premises, or to the owner of the premises if they are unoccupied, enter upon and survey the premises for the purpose of ascertaining whether the premises would be suitable for use for any purpose connected with the carrying on of the activities which the gas transporter is authorised by its gas transporter’s licence to carry on.
Procedure for rights of entry on land
60.
—(1)  Except as otherwise provided in this Act and subject to the provisions of this section, a gas transporter, gas shipper or gas retailer authorised to enter upon any land or premises under this Act shall not do so unless —
(a)
it has given the required notice in accordance with this Act, or where no particular requirement is made, 14 days’ notice of the intended entry, such notice to be in accordance with subsection (3) and stating as fully and accurately as possible the acts intended to be done; and
(b)
it, or any person authorised by it, has produced a duly authenticated document as evidence of its authority.
[24/2007 wef 11/06/2007]
(2)  Where a gas transporter, gas shipper or gas retailer is authorised to enter upon any land or premises under this Act, it shall do so at a reasonable time.
[24/2007 wef 11/06/2007]
(3)  Any notice referred to in subsection (1)(a) shall —
(a)
where the land is occupied, be given to the occupier;
(b)
where the land is not occupied, be given to the owner if his name and address are known or can with reasonable diligence be ascertained;
(c)
where the land is not occupied and the name and address of the owner cannot be ascertained with reasonable diligence, be exhibited in some conspicuous part of the premises not less than 48 hours before the premises are entered; and
(d)
where the land is used or reserved for any public purpose, be given to the officer or other person in charge of the execution of that purpose.
(4)  For the purpose of giving a notice referred to in subsection (1)(a), the gas licensee or person authorised by the gas licensee shall be entitled to enter the premises.
(5)  Where, in the exercise of any right of entry conferred by or under this Part, any damage is caused to any premises or to any movable property, any person interested in the premises or movable property may recover reasonable compensation as may be agreed in respect of that damage from the gas licensee on whose behalf the power is exercised.
(6)  For the purposes of this Part, “premises”, where the context requires, includes a building or structure or other place in which gas is escaping or suspected to be escaping.
Provisions as to powers of entry
61.
—(1)  No person authorised by a gas transporter, gas shipper or gas retailer shall exercise any powers of entry conferred by this Part or the regulations and no licensed gas service worker shall exercise any powers of entry under the regulations unless —
(a)
he is a fit and proper person to exercise those powers; or
(b)
in cases of emergency, those powers are powers conferred by section 53.
[24/2007 wef 11/06/2007]
(2)  Where, in pursuance of any powers of entry conferred by this Part or the regulations, entry is made on any premises by a person authorised by a gas transporter, gas shipper or gas retailer, or by a licensed gas service worker —
(a)
the person so authorised or the licensed gas service worker shall ensure that the premises are left no less secure by reason of the entry; and
(b)
if, in taking any action therein authorised by this Part or the regulations, or in making the premises secure —
(i)
the person so authorised or the licensed gas service worker; or
(ii)
any person accompanying the person so authorised or the licensed gas service worker in entering the premises,
causes any damage to the premises or to any movable property, the gas transporter, gas shipper, gas retailer or licensed gas service worker, as the case may be, shall —
(A)
make good that damage; or
(B)
pay any person interested in the premises or movable property such reasonable compensation as may be agreed in respect of that damage.
[24/2007 wef 11/06/2007]
(3)  Any person authorised by a gas transporter, gas shipper or gas retailer or any licensed gas service worker exercising the powers of entry conferred by this Part or the regulations may be accompanied by such persons as may be necessary or expedient for the purpose for which the entry is made, or for the purposes of subsection (2).
[24/2007 wef 11/06/2007]
(4)  If any person intentionally obstructs any other person exercising powers of entry conferred by this Part or the regulations, he 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, or in a case where the obstruction endangers life or property, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 5 years or to both.
(5)  The Authority may by regulations made under section 96 make provision for empowering a person authorised by a gas transporter —
(a)
to enter any premises in which there is a gas service pipe connected with a gas main for the purpose of inspecting any gas fitting or gas appliance on the premises, any flue or means of ventilation used in connection with any such gas fitting or gas appliance or any part of the gas pipeline network on the premises, that is to say, any gas service pipe or other apparatus (not being a gas fitting) which is on the premises and is used for the conveyance or supply of gas or is connected with a gas main; and
(b)
where he so enters such premises, to examine or apply any test to any such object as is mentioned in paragraph (a) and, where the object is a gas fitting, to verify what supply of air is available for it.