Clause 15

Where a new venture of any person (whether or not a registered corporation) will have an energy use (determined in accordance with the prescribed method or a method that satisfies the prescribed criteria) that equals or exceeds the prescribed threshold, the person must, before applying for a clearance certificate for the new venture under section 33 of the Environmental Protection and Management Act (Cap. 94A) —

ensure that the design of the new venture facility is energy efficient, by conducting an energy efficiency opportunities assessment that satisfies the prescribed requirements; and

submit a report of the assessment to the Director‑General for the approval of the Director‑General.(2) The report mentioned in subsection (1)(b) must —

be submitted through the qualified person appointed under section 8 or 11 of the Building Control Act (Cap. 29) in respect of the building works for the facility mentioned in subsection (1)(a), or any person who satisfies the prescribed criteria; and

without affecting section 78(2)(d), include information on the proposed implementation by the person mentioned in subsection (1) of any part of the energy efficiency opportunities assessment.(3) Any person that contravenes subsection (1) shall be guilty of an offence.(4) In this section —“energy efficiency opportunities assessment” has the same meaning as in section 27B(3);“new venture”, in relation to any person, means —

any new business activity or any premises of the person; or

any expansion of any existing business activity or any premises of the person,where the new business activity or premises or expansion of the business activity or premises will be a prescribed business activity or premises, and in respect of which the person has not, as at the date of commencement of section 15 of the Energy Conservation (Amendment) Act 2017, applied to the competent authority for planning permission under the Planning Act (Cap. 232);“new venture facility” means the facility at which a new venture is to be carried out.Minimum energy efficiency standards for energy‑consuming systems26B.—

This section applies only to a person (whether or not a registered corporation) prescribed (called in this section a relevant person).(2) Where a person commences or causes to be commenced the conduct, on or after the day the person becomes a relevant person under subsection (1), of installation and retrofitting works on any prescribed energy‑consuming system in any business activity or premises, or any part of any business activity or premises, under the operational control of the person, the relevant person must —

within the prescribed period after installation and retrofitting works on the system are completed, assess in the prescribed manner the as‑built energy efficiency of the system using the prescribed permanent measuring instruments; and

submit a report of the assessment to the Director‑General.(3) If the as‑built energy efficiency of the prescribed energy‑consuming system does not meet the prescribed minimum energy efficiency standards, the Director‑General may in writing direct the relevant person concerned to, within the time period specified in the direction (or such longer time as the Director‑General may allow in the particular case) —

carry out such maintenance work or take such other measures in relation to the system to ensure that it meets the prescribed minimum energy efficiency standards, and carry out again an assessment described in subsection (1)(a); and

submit a report of the assessment to the Director‑General,and the person must comply with the direction.(4) Any person that contravenes subsection (2) or (3) shall be guilty of an offence.(5) In this section —“as-built energy efficiency”, in relation to a prescribed energy‑consuming system, means the energy efficiency of the system upon the completion of the installation and retrofitting works conducted on the system;“installation and retrofitting works”, in relation to a prescribed energy‑consuming system, means —

the installation, substantial alteration or replacement of the system; or

such other change to the energy requirements of the system as may be prescribed.Monitoring plans of registered corporations 26C.—

This section applies to a registered corporation where the greenhouse gas emissions of any business activity or premises, or any part of any business activity or premises, under the operational control of the registered corporation exceeds the threshold prescribed for the purposes of this section.(2) Section 26 applies for the purpose of ascertaining whether a registered corporation is a registered corporation mentioned in subsection (1), as it applies for the purpose of determining whether a corporation qualifies as a registrable corporation.(3) The registered corporation must submit to the Director‑General, for the Director‑General’s approval, a monitoring plan for each business activity or premises or part mentioned in subsection (1), setting out the basis on which the registered corporation ensures the quality of the data required for the computations necessary for its enhanced emissions report under section 27(2).(4) The registered corporation must, in the prescribed circumstances, revise the monitoring plan and submit the revised monitoring plan to the Director‑General, for the Director‑General’s approval.(5) For the purpose of ascertaining the accuracy of a monitoring plan (including a revised monitoring plan) and compliance with this section, the Director‑General may in writing direct the registered corporation to, within the time period specified in the direction (or such longer time as the Director‑General may allow in the particular case) —

have the plan assessed by an independent third party; and

submit a report on the assessment of the independent third party to the Director‑General, in the form and manner specified in the direction,and the registered corporation must comply with the direction.(6) Any registered corporation that contravenes subsection (3), (4) or (5) shall be guilty of an offence.”.