Singapore legislation
Clause 40
Clause 40
New sections 36A, 36B and 36C
The principal Act is amended by inserting, immediately after section 36, the following sections:“Pipelines for petroleum and flammable materials36A. No pipeline owner shall convey, or allow the conveyance of, any class of petroleum or any flammable material through any section of a relevant pipeline in relation to which he is the pipeline owner except under the authority of and in accordance with the provisions of a pipeline licence from the Commissioner and every condition specified therein.Conduct of works in vicinity of licensed pipeline36B.—
No person (other than the holder of the licence) shall commence or carry out, or cause or permit the commencement or carrying out of, any works in the vicinity of the licensed pipeline unless the person —
has given to the holder of the licence not less than 7 days’ notice in writing of the date on which it is proposed to commence the works;
has obtained from the holder of the licence the necessary information on the location of the licensed pipeline; and
has consulted the holder of the licence on the steps to be taken to prevent the licensed pipeline from being damaged while the works are being carried out.(2) Every person who commences or carries out, or causes or permits the commencement or carrying out of, any works referred to in subsection (1) shall —
comply with all reasonable requirements of the holder of the licence for the prevention of damage to the licensed pipeline;
ensure that reasonable precautions are taken when such works are being carried out to prevent any damage to the licensed pipeline; and
allow the holder of the licence reasonable access to the work site for the purpose of inspecting or taking any necessary measures to protect the licensed pipeline.(3) Upon receiving a notice under subsection (1)(a), the holder of the licence shall —
promptly inform the person giving the notice of the location of the licensed pipeline, and provide the person with such other information as may be necessary to enable him to ascertain the exact location of the licensed pipeline;
advise the person on the precautions to be taken to prevent damage to the licensed pipeline; and
take all such measures at the work site as may be reasonable and necessary for the protection of the licensed pipeline and, in so doing, the holder of the licence shall have regard to the potential risks and dangers that can arise from any damage to the licensed pipeline.(4) Nothing in subsection (1) shall prohibit a person from commencing or carrying out, or causing or permitting the commencement or carrying out of, any works where he has reasonable cause to believe that it is necessary to do so in the interest of public or private safety.(5) The person referred to in subsection (4) shall, as soon as practicable but not more than 24 hours after commencing the work, give to the holder of the licence notice in writing stating the nature and extent of those works.(6) Any person who contravenes subsection (1), (2), (3) or (5) shall be guilty of an offence.(7) Subject to subsection (8), in any proceedings for an offence under subsection (6), it shall be a defence for the person charged to prove —
that he took all reasonable steps to discharge his duty under subsection (1), (2), (3) or (5), as the case may be; or
that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.(8) If, in any proceedings for an offence under subsection (6), the defence involves acting on information supplied by the holder of the licence, the person charged shall not, without leave of the court, be entitled to rely on that defence unless he has, within 14 clear days before the hearing, served on the prosecutor a notice in writing giving such information as was then in his possession identifying or assisting in the identification of the person who supplied him with the information.(9) In this section —“construction works and services” has the same meaning as in the Building and Construction Authority Act (Cap. 30A);“earthworks” has the same meaning as in the Gas Act (Cap. 116A);“holder of the licence” means the holder of a pipeline licence for the licensed pipeline concerned;“works” means any construction works and services or earthworks.Damage to licensed pipeline36C.—
Any person who wilfully or recklessly removes, destroys, damages or suffers to be damaged any licensed pipeline or hinders or prevents a licensed pipeline from being used or operated in the manner in which it is intended to be used or operated shall be guilty of an offence.(2) In any proceedings for an offence under subsection (1), it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.(3) If, in any proceedings for an offence under subsection (1), the defence involves acting on information supplied by a holder of the licence, the person charged shall not, without leave of the court, be entitled to rely on that defence unless he has, within 14 clear days before the hearing, served on the prosecutor a notice in writing giving such information as was then in his possession identifying or assisting in the identification of the person who supplied him with the information.”.