District Cooling Act 2001

“air conditioning” means the process of treating air so as to control simultaneously its temperature, humidity, cleanliness and distribution to meet the requirements of the conditioned space;

“apparatus” means any appliance or equipment including any machine, device, fitting or any accessory thereof used for the purpose of or in connection with the provision or use of district cooling services;

“authorised officer” means any person authorised by the Authority under section 3(2);

“Authority” means the Energy Market Authority of Singapore established under the Energy Market Authority of Singapore Act 2001;

“connection point” means a point, situated in or in immediate proximity to the premises to be provided with district cooling services, where a district cooling system is connected to an installation;

“consumer” means a person who contracts with a licensee for the provision of district cooling services;

“coolant” means chilled water or any other medium used for the purpose of providing district cooling services;

“cooling load” means the air conditioning load of the consumer’s installation;

“district cooling pipe” means any pipe lying between the chiller or similar cooling unit of a district cooling system and a connection point;

“district cooling service” means the sale of coolant for space cooling in a service area by a licensee operating a central plant capable of supplying coolant via pipe to more than one building in the service area;

“district cooling system” means the whole of the facility used for or in connection with the provision of district cooling services comprising the district cooling plant, one or more chillers or similar cooling units, district cooling pipes and other apparatus including metering equipment but excluding the installation;

“information memorandum” means a document to be submitted to the Authority disclosing the information stipulated in section 10(4)(c);

“installation” means the whole of the consumer’s cooling system up to the connection point where it is connected to the district cooling system but does not include the metering equipment;

“licence” means a licence granted under section 10;

“licensee”, in relation to any service area, means a person who is authorised by a licence to carry out all or any of the functions of providing district cooling services to the service area;

“metering equipment” means any apparatus owned by the licensee used in or in connection with a district cooling system for the purpose of determining the cooling load of an installation;

“modifications” includes additions, alterations and omissions;

“occupier” means the person in occupation of any premises and includes the person having the charge, management or control of the premises either on the person’s own account or as agent of another person;

“premises” includes buildings, structures, streets, lands, waters, tenements, easements of any tenure, whether State land or not, whether open or enclosed, whether built on or not, whether public or private, and whether maintained under statutory authority or not;

“public authority” means the Government or any statutory body;

“public land” means land under the ownership or possession of any public authority;

“public safety” means the obviation of danger to the general public, to public property and to roads, streets, railways, canals, docks, wharves, piers, bridges, gas works, water works and their appurtenances and telegraphic, telephonic and other electrical signalling lines;

“regulations” means regulations made under this Act;

“service area” means any area declared under section 7.

The Authority is charged with the general administration of this Act and the exercise of the functions and duties imposed on the Authority by this Act.

The Authority may authorise any person to assist it in the exercise of its functions and duties under this Act, either generally or in a particular case.

Subject to the provisions of this Act, it is the function and duty of the Authority —

Nothing in this section is to be construed as imposing on the Authority, directly or indirectly, any form of duty or liability enforceable by proceedings before any court.

Subject to the provisions of this Act, the Authority may carry on any activities that appear to the Authority to be advantageous, necessary or convenient for it to carry on for or in connection with the discharge of its functions and duties under this Act.

The Authority must furnish the Minister with such information with respect to its activities in such manner and at such times as the Minister may require.

The Authority or any authorised officer may by notice require any person to furnish to the Authority or the authorised officer, within any period specified in the notice, all documents or information relating to all matters that may be required by the Authority for the purposes of this Act and as are within the knowledge of that person or in that person’s custody or under that person’s control.

Any person who, on being required by notice under subsection (1) to furnish any document or information, fails to comply with any requirement of the notice shall be guilty of an offence.

Any person who —

The Authority may, for the purposes of this Act, by its employees, agents or contractors, enter at all reasonable hours (or at any time in the event of an emergency) into and upon any premises for the purpose of performing its duties authorised by this Act without being liable to pay any person any fee, charge or expense or being subject to any legal proceedings or molestation on account of the entry or of anything done in any part of the premises under this Act.

Except in the event of an emergency, such employee, agent or contractor may not enter upon any premises under this section unless —

The Minister may, by notification in the Gazette, declare an area to be a service area where district cooling services are to be provided to the area, on any terms and conditions that the Minister thinks fit.

A notification under subsection (1) must state that a plan of the service area may be inspected at any place that is specified in the notification.

Unless exempted, the occupier of every premises within a service area requiring air conditioning must use the district cooling services provided by a licensee if the services are available within the service area.

An owner or occupier of any premises within a service area may apply in writing to the Authority for exemption from subsection (3) and the decision of the Authority is final.

A licensee must not refuse to provide district cooling services to any premises within the licensee’s service area.

Any person who contravenes subsection (3) or (5) 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 and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction.

The Minister may, by notification in the Gazette, revoke any declaration made under section 7(1) on any terms and conditions that the Minister thinks fit.

The Minister may modify any term or condition imposed under section 7.

Before exercising any power under section 8, the Minister must give notice to any licensee in the service area concerned —

The decision of the Minister after consideration of any written representation made under subsection (1)(c) is final.

If no written representation is received by the Minister within the time specified under subsection (1)(c) or if any written representation made under that subsection is subsequently withdrawn, the Minister may forthwith carry out the proposed matters specified in the notice under subsection (1).

A person must not provide district cooling services to any service area unless the person is authorised to do so by a licence.

Every licence granted or renewed under this section must be in such form and for such period and may contain such terms and conditions as the Authority may determine.

Without limiting subsection (2), a licence may be granted to any person, class of persons or a particular person, and may include conditions requiring the licensee —

Conditions included in a licence may contain all or any of the following:

Any provision included in a licence under subsection (4)(a) has effect in addition to the provision made by this Part with respect to the modification of the conditions of a licence.

Any fee required to be paid to the Authority under subsection (3)(b) may be recovered by it in any court of competent jurisdiction as if it were a simple contract debt.

The grant and renewal of licences under this section are at the Authority’s discretion.

Any person who is aggrieved by a refusal of the Authority to grant or renew a licence may, within 14 days of the refusal, appeal to the Minister whose decision is final.

Subject to this section, the Authority may modify the conditions of a licence.

Before making any modification to the conditions of a licence under this section, the Authority must give notice to the licensee concerned —

Upon receipt of any written representation under subsection (2)(b), the Authority must consider the representation and may —

Any licensee who is aggrieved by a direction of the Authority under subsection (3) may, within 14 days of the receipt by the licensee of the direction, appeal to the Minister whose decision is final.

The Authority must not enforce a direction given under subsection (3) —

If no written representation is received by the Authority within the time specified under subsection (2) or if any written representation made under that subsection is subsequently withdrawn, the modification takes effect as specified in the notice given under that subsection.

If the Authority is satisfied that —

Any licensee who is aggrieved by any decision of the Authority under subsection (1) may, within 14 days after the date of the notice in writing mentioned in that subsection, appeal to the Minister whose decision is final.

The Authority may issue or approve and from time to time modify codes of practice and other standards of performance in connection with the provision of district cooling services.

If any provision in any code of practice or other standard of performance issued or approved by the Authority is inconsistent with this Act, the provision has, to the extent of its inconsistency, no effect.

The Authority may, in any licence, exempt any licensee from any provision in any code of practice or other standard of performance issued or approved by the Authority generally or for any time that the Authority may specify.

Any code of practice issued or approved by the Authority is deemed not to be subsidiary legislation.

It is the duty of a licensee to —

A licensee must not do or omit to do any act which will adversely affect, directly or indirectly, the reliability and stability of district cooling services provided to consumers.

A contravention of subsection (1) or (2) is to be dealt with in accordance with section 13.

Subject to this section and section 18, the prices to be charged by a licensee and to be paid by consumers for the provision of district cooling services must be in accordance with any prices that may be fixed from time to time by the licensee in accordance with the conditions of its licence.

In fixing prices of district cooling services, a licensee must neither show undue preference as between persons similarly situated nor exercise undue discrimination as between persons similarly situated, having regard to the place and time of supply and the quantity supplied.

In addition to the prices as may be fixed by a licensee under subsection (1), the licensee must also review the prices as directed by the Authority from time to time.

The Authority must, at such premises and in such form as it may determine, maintain a register for the purposes of this Act.

The Authority must cause to be entered in the register the particulars of —

The register must be available for inspection by the public during such hours and subject to the payment of such fee as may be specified by the Authority.

A special administration order is an order of the Minister made in accordance with section 22 in relation to a licensee and directing that, during the period for which the order is in force, the affairs, business and property of the licensee is to be managed by any person appointed by the Minister for the achievement of the security and reliability of the provision of district cooling services.

Any person appointed by the Minister under subsection (1) is deemed an agent of the licensee and the licensee is responsible for that person’s acts or defaults.

The Minister may make regulations to give effect to this Part, including making provision for applying, omitting or modifying the provisions of Part 7 of the Insolvency, Restructuring and Dissolution Act 2018 where a special administration order is made.

If an application is made to the Minister by the Authority and the Minister is satisfied that any one or more of the grounds specified in subsection (2) is satisfied in relation to a licensee, the Minister may make any one or both of the following orders:

The grounds mentioned in subsection (1) are that —

Notice of any order under subsection (1) must be given forthwith by the Authority to such persons and in such manner as it thinks fit.

Where a licensee is a company —

The Authority must be a party to —

Any decision of the Minister under subsection (1) is final.

For the purpose of providing any district cooling service to a service area, a licensee or any person authorised by the licensee may —

Where any work mentioned in subsection (1) interferes with any building, growing tree or crop, the licensee must pay compensation to any person interested for any damage or financial loss that may be caused thereby.

Where the public land is occupied under a licence for temporary occupation, the compensation must be paid to the occupant under the licence.

Subject to this section, where it is necessary to do so for the purposes of providing district cooling services to any service area, a licensee or any person authorised by the licensee may —

Any compensation payable under subsection (1) may include an annual payment for land or other immovable property used for the purpose of the district cooling system.

A licensee does not acquire any right other than that of a user only in respect of any land or property under, over, along, across, in or upon which the licensee places any part of a district cooling system under this section.

A licensee is, in the exercise of its powers under this section, subject to the provisions of the Parks and Trees Act 2005.

Before entering upon any land for any of the purposes specified in subsection (1), a licensee must give at least 14 days’ notice stating as fully and as accurately as possible the nature and extent of the acts intended to be done.

The owner or occupier of the land may, within 14 days of the receipt of the notice mentioned in subsection (5), lodge a written objection with the Authority and the Authority must specify a date to inquire into such objection.

If no objection is lodged within the time specified in subsection (5), the licensee may forthwith enter upon the land and do all or any of the acts specified in the notice given under that subsection.

If an objection is lodged and is not withdrawn before the date fixed for the hearing thereof, the Authority must hold an inquiry, giving each party an opportunity to be heard.

Subject to subsection (10), upon the conclusion of the inquiry, the Authority may authorise, either unconditionally or subject to any terms, conditions and stipulations that it thinks fit, any of the acts mentioned in the notice given under subsection (5) to be carried out.

Any person aggrieved by any decision of the Authority under this section may, within 14 days of the conclusion of the inquiry, appeal to the Minister whose decision is final.

Where it is necessary to do so for the purpose of inspecting, maintaining or repairing any part of a district cooling system or for the purpose of carrying out any function conferred on a licensee under this Act or under any licence granted under section 10, a licensee or any person authorised by the licensee may, after giving 7 days’ prior notice to the owner or occupier of any land —

Where work is required to be carried out in the event of an operational emergency arising from any fault in a district cooling system, pipe or plant, no prior notice is required to be given to the owner or occupier of any land under subsection (1).

Where any part of a district cooling system has been laid, placed, carried or erected on, under, upon or over any land, and any owner of the land desires to use the land in such manner as to render it necessary or convenient that that part of the district cooling system should be removed to another part of the land, or to a higher or lower level, or altered in form, the owner of the land may require the licensee to remove or alter that part of the district cooling system accordingly.

If the licensee fails to comply with the requisition, the owner of the land may apply in writing to the Authority and the Authority must, as soon as practicable, specify a date to inquire into the facts of the case.

Upon the conclusion of the inquiry, the Authority may require, subject to any terms, conditions and stipulations that it thinks fit, the removal or alteration of such part of the district cooling system.

Where any owner of any land desires to use the land for the purposes of development and the owner considers it necessary that any part of a district cooling system that has been laid, placed, carried or erected on the land should be removed from the land, the owner may request the licensee to remove that part from the land.

Where the licensee undertakes the work of removal pursuant to the owner’s request under subsection (4), the owner is liable to pay reasonable compensation to the licensee.

If the licensee does not intend to undertake the work of removal pursuant to the owner’s request under subsection (4), the licensee must, by written notice, inform the owner and the Authority of its intention and the Authority must specify a date not less than 14 days from the date of the notice to inquire into the facts of the case, and the decision of the Authority is binding on the licensee and the owner.

Where any part of a district cooling system has been laid, placed, carried or erected on, under, upon or over any land and that part of the district cooling system is no longer in use for district cooling purposes, the licensee may, on its own volition, or must, at the request of the owner of that land, remove that part of the district cooling system from that land within a reasonable time at its own cost and expense and compensate the owner for any damage done in the process of removing that part of the district cooling system.

Any person aggrieved by any decision of the Authority under this section may, within 14 days of the decision, appeal to the Minister whose decision is final.

This section does not apply where a contrary intention has been expressed by the owner of the land and the licensee by agreement.

In this section, “owner” includes any person having a leasehold interest with an unexpired term of not less than 7 years.

Where a licensee is of the opinion that immediate action is necessary on the occurrence of any emergency, in the interests of public safety or in order to avoid undue interference with the efficient provision of district cooling services to other consumers or for any other reasons affecting the public interest, the licensee may forthwith discontinue the provision of district cooling services to any consumer.

The licensee must immediately after the discontinuance give written notice of the discontinuance to the Authority and the affected consumer, and must restore district cooling services to that consumer as soon as is reasonably practicable.

A licensee shall not be liable for any loss or damage caused to any person resulting from such discontinuance in the provision of district cooling services.

Any person who, when giving any information to the Authority or making any application under or for the purposes of any provision of this Act, makes any statement which the person knows to be false in a material particular, or who recklessly makes any statement which is false in a material particular, shall be guilty of an offence.

Any person who —

Any police officer or authorised officer who reasonably believes that any person has committed an offence under this Act may require that person to furnish evidence of that person’s identity and the person must thereupon furnish such evidence of the person’s identity as may be required by the police officer or authorised officer.

The occupier of any premises must, if required by any police officer or authorised officer, furnish the occupier’s name and the name and address of the owner of the premises, if known.

Any person who —

The Authority may, in its discretion, compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $3,000.

The Authority may, with the approval of the Minister, make regulations to prescribe the offences which may be compounded.

All sums collected under this section must be paid to the Authority.

Any licensee aggrieved by —

Unless otherwise provided, where an appeal is lodged under this section, the decision, direction or thing in the code of practice or other standard of performance appealed against must be complied with until the determination of the appeal.

The Minister may determine an appeal under this section by confirming, varying or reversing any decision or direction of the Authority or by amending any code of practice or other standard of performance issued or approved by the Authority.

The decision of the Minister in any appeal is final.

Any notice, order or document required or authorised by this Act to be given or served on any person, and any summons issued by a court in connection with any offence under this Act may be served on the person —

Any notice, order, document or summons sent by registered post to any person in accordance with subsection (1) is deemed to be duly served on the person at the time when the notice, order, document or summons would, in the ordinary course of post, be delivered and in proving service of the notice, order, document or summons, it is sufficient to prove that the envelope containing the same was properly addressed, stamped and posted by registered post.

The Authority may, with the approval of the Minister, make regulations for carrying out the purposes of this Act and for prescribing any matter which is required under this Act to be prescribed.

The Authority may, with the approval of the Minister, in making any regulations under this section, provide that any contravention of any regulation shall be an offence and may prescribe punishment by a fine not exceeding $5,000 or with imprisonment for a term not exceeding 6 months or with both.

All such regulations must be presented to Parliament as soon as possible after publication in the Gazette.