Singapore legislation
Clause 4
of Energy (Resilience Measures and Miscellaneous Amendments) Bill
Clause 4
Amendment of Gas Act
The Gas Act is amended —
by deleting the words “, with the approval of the Minister,” in section 7(3);
by deleting subsection (4) of section 29 and substituting the following subsections:“(4) The gas transporter must —
establish and implement a programme for regular and periodic inspections of any part of a gas installation or any part of a gas service pipe linking a gas service isolation valve to the gas installation, and provide in the programme, in relation to each such inspection, whether this is the responsibility of the gas transporter or a person prescribed under subsection (3);
where any inspection is the responsibility of any person prescribed under subsection (3), notify the person of the person’s responsibility to ensure that the inspection is carried out; and
where any maintenance, repair or renewal is necessary following any inspection by the gas transporter or the person notified under paragraph (b), require the person to be responsible for ensuring that the maintenance, repair or renewal is carried out.(5) Where any person prescribed under subsection (3) is responsible under subsection (4)(b) or (c) for ensuring that any inspection, maintenance, repair or renewal is carried out, the inspection, maintenance, repair or renewal is to be carried out at the expense of the person.(6) Any person prescribed under subsection (3) who fails to carry out the person’s responsibility under subsection (4)(b) or (c) shall be guilty of an offence.”;
by inserting, immediately after subsection (9) of section 32, the following subsection:“(10) This section applies to any infrastructure (including valve chambers, pipe jacking sleeves, concrete casings and rock armour) housing or intended to house any gas transmission pipeline, as it applies to any gas plant or gas pipe in a gas pipeline network owned by, or under the management or control of, a gas transporter, and for this purpose, a reference to a gas transporter in this section is a reference to the person to whom the infrastructure belongs or that manages or controls the infrastructure.”;
by inserting, immediately after subsection (6) of section 32A, the following subsection:“(7) This section applies to any infrastructure (including valve chambers, pipe jacking sleeves, concrete casings and rock armour) housing or intended to house any gas transmission pipeline, as it applies to any gas plant or gas pipe which is part of a gas pipeline network owned by, or under the management or control of, a gas licensee.”;
by deleting paragraphs (a) and (b) of section 32B and substituting the following paragraphs:“(a)does any act, or permits or causes any act to be done, which damages or is likely to damage —
any submarine gas pipeline in the territorial waters of Singapore that is owned by, or under the management or control of, a gas licensee; or
any infrastructure (including valve chambers, pipe jacking sleeves, concrete casings and rock armour) housing or intended to house any submarine gas pipeline in the territorial waters of Singapore; or
omits to do anything required to prevent any damage to such submarine gas pipeline or infrastructure,”;
by deleting the words “Part 7” in section 33(3) and substituting the words “Parts 7 and 9”;
by repealing section 72A;
by deleting sub‑paragraph (ii) of section 96(2)(r) and substituting the following sub‑paragraph:“(ii)gas installations or gas service pipes, including —
the person that a gas transporter or person prescribed under section 29(3) must engage to carry out the inspection, maintenance, repair or renewal; and
any information or document to be submitted in connection with the inspection, maintenance, repair or renewal, by whom and to whom the information or document must be submitted and the time for the submission,and the recovery of costs incurred by a gas transporter in connection with the inspection, maintenance, repair or renewal;”; and
by inserting, immediately after section 96, the following sections:“Incorporation by reference96A.—
The regulations made under this Act may apply, adopt or incorporate by reference —
wholly or partially;
with or without any addition, omission or substitution; or
specifically or by reference,any code of practice, standard, requirement, specification or other document that relates to any subject matter of any regulations made under this Act (called in this section the material), as in force or published at a particular time or as in force or published from time to time.(2) The material mentioned in subsection (1) may be material issued by the Authority, or material issued by any standards setting organisation, or other organisation or person.(3) Any material applied, adopted or incorporated by reference in the regulations under subsection (1) is to be treated for all purposes as forming part of the regulations.(4) Unless otherwise provided in the regulations, where the material is applied, adopted or incorporated by reference as in force or published from time to time, every amendment to the material that is made by the organisation or person that issued the material is to be treated as being a part of those regulations.(5) Where any material is applied, adopted or incorporated by reference in any provision of any regulations, the Authority must give notice in the Gazette stating —
that the material is applied, adopted or incorporated in the regulations, and the date from which the material is so applied, adopted or incorporated;
that the material is available for inspection, free of charge, and the place at which such material may be inspected;
that copies of the material can be purchased, and the place where the material can be purchased; and
if copies of the material are available in other ways, the details of where or how the material can be accessed or obtained.(6) In addition, the Authority must cause a copy of every material applied, adopted or incorporated by reference in the regulations under subsection (1), to be made available for inspection by members of the public without charge at any of its offices during normal office hours.(7) To avoid doubt, any part of the material that is not applied, adopted or incorporated by reference in the regulations under subsection (1) has no legislative effect.Advisory guidelines96B.—
The Authority may issue advisory guidelines for the purposes of providing practical guidance or certainty in respect of any one or more requirements imposed by or under this Act.(2) The Authority may consult with such person as the Authority thinks fit for the purpose of preparing any advisory guidelines under subsection (1).(3) The advisory guidelines may —
be of general or specific application; or
specify that different provisions of the advisory guidelines apply to different circumstances, or are applicable to different persons or classes of persons.(4) The Authority may amend or revoke the whole or part of any advisory guidelines issued under subsection (1).(5) Advisory guidelines issued or amended under this section do not have any legislative effect.(6) Where, in any administrative proceedings commenced in connection with this Act, any provision in this Act to which any advisory guidelines issued under subsection (1) relate is alleged to have been contravened, then —
compliance with such guidelines; or
a contravention of or failure to comply with, whether by act or omission, such guidelines,may be relied upon by any party to those proceedings as tending to negative or establish the contravention which is in question in those proceedings.”.