Singapore legislation
Section 38
Section 38
Licences authorising generation, production, transmission and supply of electricity and gas
(1)
No person shall —
generate, transmit or supply any electricity;
produce, transmit or supply any gas; or
provide any utilities support services,unless he is authorised to do so by a public licence or electrical or supply installation licence or an exemption granted by the Board.
(2)
Every public licence granted under this section shall be in such form and for such period and may contain such terms and conditions as the Board may determine.
(3)
The Board may, with the consent of or in accordance with the terms of a general authority given by the Minister, grant a public licence, either unconditionally or subject to such conditions as the Board may impose and specify in the licence and either irrevocably or subject to revocation as therein specified, authorising any person —
to generate electricity for the purpose of giving a supply to any premises or enabling a supply to be so given;
to transmit electricity for that purpose;
to supply electricity to any premises;
to produce, transmit and supply gas for the purpose of giving a supply to any premises or enabling a supply to be so given; or
to provide any utilities support services.
(4)
Without prejudice to the generality of subsection (2), a public licence may be granted either to any person, class of persons or a particular person, and may include conditions requiring the public licensee —
to enter into agreements or arrangements with any person, class of persons or another public licensee for —
the interconnection with, access to and use of any installation of the licensee (wherever situated and whether or not used for the purpose of carrying on the activities authorised by the licence); and
such other purpose as may be specified in the licence,and on such terms and conditions as may be agreed to by the licensee and such other persons or, in default of agreement, as may be determined by the Board;
to prepare itself to deal with any public emergency;
to pay to the Board a fee on the grant of the licence or to pay to it periodic fees during the currency of the licence or both, of such amount as may be determined by or under the licence;
to comply with any direction given by the Board as to such matters as are specified in the licence or are of a description so specified;
to comply with codes of practice and standards of performance that are applicable to the licensee; and
to do or not to do such things as are specified in the licence or are of a description so specified.
(5)
Conditions included in a public licence may contain —
controls and restrictions, directly or indirectly, on the creation, holding or disposal of shares in the public licensee or its shareholders or interests in the undertaking of the licensee or any part thereof;
restrictions on the carrying on by the public licensee of any trade or business which is not related to the activity which the licensee is authorised by its public licence to carry on;
provision for the conditions to cease to have effect or be modified at such times, in such manner and in such circumstances as may be specified in or determined by or under the conditions; and
provision controlling or fixing the prices to be charged by the public licensee including —
the fixing of prices or the rate of increase or decrease in prices;
the fixing of a maximum price or maximum rate of increase or minimum rate of decrease in the maximum price;
the fixing of an average price or an average rate of increase or decrease in the average price;
the setting of pricing policies or principles;
the setting of prices with reference to a general price index, the cost of production, a rate of return on assets employed or any other specified factors; and
the setting of prices with reference to the quantity, location, period or other specified factors relevant to the rate of supply of electricity, gas or other services.
(6)
Any provision included by virtue of subsection (5)(c) in a public licence shall have effect in addition to the provision made by this Part with respect to the modification of the conditions of a public licence.
(7)
Any fee required by subsection (4)(c) to be paid to the Board may be recovered by it in any court of competent jurisdiction as if it were a simple contract debt.
(8)
No person shall question whether the grant of a public licence under this section was, or was not, effected with the consent of or in accordance with the terms of a general authority given by the Minister, and the validity of a public licence granted under this section shall not be impugned on the ground that it was granted neither with the consent of nor in accordance with the terms of a general authority given by the Minister.
(9)
The grant and renewal of public licences under this section shall be at the discretion of the Board.
(10)
Nothing in this section shall —
prevent the Minister from directing the Board to grant a public licence in any specific case; or
be construed as requiring the Board to obtain a licence where it undertakes any activity mentioned in subsection (1).
(11)
Any person who is aggrieved by a refusal of the Board to grant a public licence may, within 14 days of the refusal, appeal to the Minister whose decision shall be final.