Clause 1
Short title and commencement
This Act may be cited as the District Cooling Act 2001 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
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District Cooling Bill is Singapore Bill, cited as Bill 11 2001, currently marked not in force and first recorded in 2001.
Part I
Short title and commencement
This Act may be cited as the District Cooling Act 2001 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
Interpretation
In this Act, unless the context otherwise requires —“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 his 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.
“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;
“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;
“occupier” means the person in occupation of any premises and includes the person having the charge, management or control of the premises either on his 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 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;
Part V
Special administration order
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 shall 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) shall be deemed an agent of the licensee and the licensee shall be 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 VIIIA of the Companies Act (Cap. 50) where a special administration order is made.
Special administration order made on application by Authority
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:
a special administration order in relation to that licensee; and
an order requiring the licensee forthwith to take any action or to do or not to do any act or thing in relation to its business as the Minister may consider necessary.
The grounds mentioned in subsection (1) are that —
the licensee has failed to discharge or has not discharged to the Minister’s satisfaction the obligations imposed by the Authority on the licensee;
the licensee has had its licence suspended or cancelled under section 13; or
it is in the public interest.
Notice of any order under subsection (1) shall be given forthwith by the Authority to such persons and in such manner as it thinks fit.
Where a licensee is a company —
the licensee shall not be wound up voluntarily without the consent of the Authority;
no judicial management order under Part VIIIA of the Companies Act (Cap. 50) shall be made in relation to the licensee; and
no step shall be taken by any person to enforce any security over the licensee’s property unless that person has served on the Authority not less than 14 days’ notice of his intention to take that step.
The Authority shall be a party to any proceedings under the Companies Act relating to the winding up of the affairs of a company which is a licensee.
Remuneration and expenses of appointed person
The Minister may at any time (whether or not the appointment of the person has terminated) fix the remuneration and expenses to be paid by a licensee to any person appointed by the Minister under section 21(1).
Authority to administer Act
The Authority shall be 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 shall be the function and duty of the Authority —
to exercise licensing and regulatory functions in respect of the provision of district cooling services;
to protect the interests of consumers in respect of —
the prices charged and other terms of supply of district cooling services;
the quality of district cooling services; and
the continuity and reliability of district cooling services; and
to issue or approve and from time to time review codes of practice and other standards of performance in connection with the provision of district cooling services.
Nothing in this section shall be construed as imposing on the Authority, directly or indirectly, any form of duty or liability enforceable by proceedings before any court.
Powers of Authority
Subject to the provisions of this Act, the Authority may carry on such activities as 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 shall furnish the Minister with such information with respect to its activities in such manner and at such times as the Minister may require.
Furnishing of documents and information to Authority
The Authority or any authorised officer may by notice require any person to furnish to the Authority or the authorised officer, within such period as specified in the notice, all such documents or information relating to all such matters as may be required by the Authority for the purposes of this Act and as are within the knowledge of that person or in his custody or under his 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 —
intentionally alters, suppresses or destroys any document which he has been required by any notice under subsection (1) to furnish; or
in furnishing any estimate, return or other information required of him under any notice under subsection (1), makes any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular,shall be guilty of an offence.
Power of Authority to enter upon land
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 such 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 —
not less than 6 hours’ notice of the intended entry has been given to the occupier; and
if required to do so, he has produced evidence of his authority.
Declaration of service areas
The Minister may, from time to time, 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 such terms and conditions as he thinks fit.
A notification under subsection (1) shall state that a plan of the service area may be inspected at such place as is specified in the notification.
Unless exempted, the occupier of every premises within a service area requiring air conditioning shall use the district cooling services provided by a licensee if such 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 shall be final.
No licensee shall refuse to provide district cooling services to any premises within his 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 thereof during which the offence continues after conviction.
Changes affecting service areas
The Minister may, by notification in the Gazette, revoke any declaration made under section 7(1) on such terms and conditions as he thinks fit.
Notification of changes
Before exercising any power under section 8, the Minister shall give notice to any licensee in the service area concerned —
stating his proposal to revoke any declaration made under section 7(1);
stating his proposal to make any modification to a declaration made under section 7(1) in the manner as specified in the notice; and
specifying the time (not being less than 28 days from the date of service of notice on the licensee) within which written representations with respect to the matter in paragraph (a) or (b) may be made.
The decision of the Minister after consideration of any written representation made under subsection (1)(c) shall be 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).
Licence authorising provision of district cooling services
No person shall provide district cooling services to any service area unless he is authorised to do so by a licence.
Every licence granted or renewed under this section shall be in such form and for such period and may contain such terms and conditions as the Authority may determine.
Without prejudice to the generality of subsection (2), a licence may be granted to any person, class of persons or a particular person, and may include conditions requiring the licensee —
to prepare itself to deal with any public emergency;
to pay to the Authority a fee for the grant of the licence or to pay to it periodic fees for the duration of the licence, or both, of such amount as may be determined by or under the regulations or licence;
to appoint technical and financial auditors approved by the Authority;
to comply with any direction given by the Authority;
to comply with the standards and requirements stipulated in any code of practice and any other standard of performance 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.
Conditions included in a licence may contain all or any of the following:
provisions 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;
provisions regulating the prices to be charged by the 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 price 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, temperature of coolant, or other specified factors relevant to the provision of district cooling services;
provisions for the periodic disclosure of information, by way of an information memorandum, including —
reports on the management of the district cooling services;
reports on asset management of the district cooling system;
reports on price comparison of the district cooling service with the conventional air-conditioning systems;
reports on performance comparison of the district cooling services with the conventional air-conditioning systems;
security measures; and
reports on financial matters and accounts of the licensee; and
provisions requiring the licensee to provide a sinking fund for asset management.
Any provision included in a licence under subsection (4)(a) shall have 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 shall be at the discretion of the Authority.
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 shall be final.
Restriction on transfer of licence
A licence shall not be transferable and any purported transfer of any licence shall be void.
Modification of conditions of licence
Before making any modification to the conditions of a licence under this section, the Authority shall give notice to the licensee concerned —
stating that it proposes to make the modification in the manner as specified in the notice; and
specifying the time (not being less than 28 days from the date of service of notice on the licensees) within which written representations with respect to the proposed modification may be made.
Upon receipt of any written representation under subsection (2)(b), the Authority shall consider such representation and may —
reject the representation; or
withdraw or amend the proposed modification in accordance with the representation or otherwise,and, in either case, the Authority shall thereupon issue a direction in writing to the licensee concerned requiring that effect be given to the proposed modification specified in the notice or to such modification as subsequently amended by the Authority.
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 shall be final.
The Authority shall not enforce a direction given under subsection (3) —
during the period referred to in subsection (4); and
whilst the appeal of any licensee is under consideration by the Minister.
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 shall take effect as specified in the notice given under that subsection.
Suspension or cancellation of licence
If the Authority is satisfied that —
a licensee is contravening, or is likely to contravene or has contravened, any of the conditions of its licence, any code of practice or other standard of performance applicable to the licensee, any of the provisions of this Act or any direction issued by the Authority to, or applicable to, that licensee;
a licensee has gone into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction;
a licensee has made any assignment to, or composition with, its creditors; or
the public interest or security of Singapore so requires,the Authority may, by notice in writing and without any liability for compensation, do all or any of the following:
suspend or cancel its licence for such period as the Authority thinks fit;
require the licensee to replace its management with appointees approved by the Authority;
require the licensee to comply with any direction given by the Authority relating to or in connection with the district cooling system;
require the licensee to furnish performance bonds, banker’s guarantees and any other securities for such amounts and on such terms as the Authority sees fit;
impose a financial penalty not exceeding 10% of the annual turnover derived from the provisions of district cooling services by the licensee in Singapore as ascertained from its latest audited accounts.
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 referred to in that subsection, appeal to the Minister whose decision shall be final.
Codes of practice
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, such provision shall, to the extent of its inconsistency, not have 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 such time as the Authority may specify.
Any code of practice issued or approved by the Authority shall be deemed not to be subsidiary legislation.
Compliance with codes of practice
Every licensee shall comply with the codes of practice and other standards of performance issued or approved under section 14(1) in connection with the provision of district cooling services.
Directions affecting licensee
The Authority may give directions for or in relation to standards of performance and procedures to be observed by licensees and other persons for or in respect of the following:
the continuity and reliability of the provision of district cooling services to the consumers;
the security of the provision of district cooling services to the consumers; and
the interests of public safety.
Exclusion of liability for Authority
Notwithstanding the grant of any licence, the Authority shall not be liable in any circumstances for any loss, damage or cost sustained by any person as a result of any default, negligence, breach or wrongful act or omission of any licensee or agent, employee or independent contractor of the licensee.
General duties of licensee
It shall be the duty of a licensee to —
maintain a reliable, efficient, co-ordinated and economical district cooling system in accordance with such codes of practice or other standards of performance as may be issued or approved by the Authority under section 14(1);
ensure public safety in relation to the provision of district cooling services; and
ensure that it will not do or not 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) shall be dealt with in accordance with section 13.
Price fixed by licensee
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 shall be in accordance with such prices as 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 shall 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 shall also review the prices as directed by the Authority from time to time.
Keeping of register by Authority
The Authority shall, at such premises and in such form as it may determine, maintain a register for the purposes of this Act.
The Authority shall cause to be entered in the register the particulars of —
every licence granted to a particular person;
every modification or revocation of a licence; and
any other matter as the Authority may think fit.
The register shall 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.
Power to enter upon public land for purposes of district cooling system
For the purpose of providing any district cooling service to a service area, a licensee or any person authorised by the licensee may —
at any reasonable time, enter upon any public land within the service area;
subject to the approval of the relevant public authority, erect in or upon the public land such part of the district cooling system or excavate such trenches as may be necessary or proper for the purposes of providing the district cooling service;
carry out all necessary works in connection therewith; and
in the course thereof, fell or lop trees, remove vegetation and do all other things necessary for that purpose.
Where any work referred to in subsection (1) interferes with any building, growing tree or crop, the licensee shall pay compensation to any person interested for any damage or financial loss that may be caused thereby.
Where the land is occupied under a licence for temporary occupation, the compensation shall be paid to the occupant under the licence.
Power to enter upon other land for purposes of examination of district cooling system
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 —
at any reasonable time enter upon any land within the service area, other than public land, and may survey and take levels and do all other necessary acts preparatory to the provision of the service; and
lay, place or carry on, and erect in or upon any land within the service area, other than public land, such part of the district cooling system as may be necessary or proper for such purposes and may take such other action as may be necessary to render such part of the district cooling system safe and efficient,paying compensation to any person interested for any damage or financial loss that may be caused thereby.
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 shall 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 shall, in the exercise of its powers under this section, be subject to the provisions of the Parks and Trees Act (Cap. 216).
Before entering upon any land for any of the purposes specified in subsection (1), a licensee shall give not less than 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 referred to in subsection (5), lodge a written objection with the Authority and the Authority shall 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 shall 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 such terms, conditions and stipulations as 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 shall be final.
Savings of wayleave agreement
Nothing in section 25 shall —
affect the right of a licensee to enter into an agreement, commonly known as a wayleave agreement, with the owner or occupier of any land for the purpose of laying, placing, carrying or erecting any part of a district cooling system on the land;
affect any such wayleave agreement subsisting immediately before the date of commencement of this Act; or
affect the right of a licensee to negotiate the use of land or facilities belonging to the State or any other person.
Inspection, maintenance and repair of district cooling system
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 —
at any reasonable time, enter upon any land or building within the service area, whether or not such part of the district cooling system has been laid, placed, carried or erected on, under, upon or over the land or building;
carry out all necessary inspection, maintenance or repair; and
in the course thereof, fell or lop trees, remove vegetation and do all other things necessary for the purpose,causing as little damage as possible and paying compensation to any person adversely affected for any damage that may be caused thereby.
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).
Removal or alteration of district cooling system
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 such 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, he may require the licensee to remove or alter such 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 shall, 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 such terms, conditions and stipulations as it thinks fit, the removal or alteration of such part of the district cooling system.
Where any owner of any land desires to use his land for the purposes of development and he considers it necessary that any part of a district cooling system that has been laid, placed, carried or erected on his land should be removed therefrom, he may request the licensee to remove that part from his land.
Where the licensee undertakes the work of removal pursuant to the request of the owner under subsection (4), the owner shall be liable to pay reasonable compensation to the licensee.
If the licensee does not intend to undertake the work of removal pursuant to the request of the owner under subsection (4), the licensee shall, by notice in writing, inform the owner and the Authority of its intention and the Authority shall 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 shall be 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 such part of the district cooling system is no longer in use for district cooling purposes, the licensee may on its own volition or shall at the request of the owner of that land, remove such part of the district cooling system from that land within a reasonable time at its own cost and expense and compensate such 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 shall be final.
This section shall 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.
Provision of space or facility by developer or owner of building
Any developer or owner of a building who requires any district cooling services from a licensee shall provide at his expense such space and facility within or on the building and such access thereto as may be necessary for the operation of the district cooling system.
Apparatus not fixture and not subject to distress
Any apparatus owned or let for hire or lent to a consumer by a licensee and which has been affixed or fastened to any part of the consumer’s premises —
shall continue to remain the property of that licensee and shall be deemed not to be a fixture, and shall not vest in the owner of the premises; and
shall not be subject to distress or be liable to be taken in execution under process of any court or any proceedings in bankruptcy or winding up proceedings against the party in whose possession it is.
Power to discontinue provision of district cooling services in emergency
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 such other reasons affecting the public interest, the licensee may forthwith discontinue the provision of district cooling services to any consumer.
The licensee shall immediately thereafter give notice in writing of the discontinuance to the Authority and the affected consumer, and shall 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.
Prohibition of unlicensed provision of district cooling services
Any person who provides district cooling services to any service area without a licence shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000.
Falsely pretending to be employee of Authority or licensee
Any person who seeks to obtain entry to any premises by falsely pretending to be an employee of the Authority or a licensee shall be guilty of an offence.
Penalty for obstructing Authority in performance of duties
Any person who at any time hinders or obstructs any authorised officer or any employee, agent or contractor of the Authority in the performance and execution of his duty under this Act shall be guilty of an offence.
Making of false statement, etc.
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 he 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 —
wilfully or fraudulently procures or attempts to procure for himself or for any other person any licence under this Act by making or producing or causing to be made or produced any false or fraudulent representation or declaration either verbally or in writing; or
knowingly aids or assists therein,shall be guilty of an offence.
Jurisdiction of courts
Notwithstanding any provision to the contrary in the Criminal Procedure Code (Cap. 68), a District Court and a Magistrate’s Court shall have jurisdiction to try any offence under this Act and to impose the full penalty or punishment in respect of any such offence.
Police officer or authorised officer may require evidence of identity in certain cases
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 his identity and the person shall thereupon furnish such evidence of his identity as may be required by the police officer or authorised officer.
The occupier of any premises shall, if required by any police officer or authorised officer, furnish his name and the name and address of the owner of the premises, if known.
Any person who —
refuses to furnish any information required of him by any police officer or authorised officer under this section; or
wilfully mis-states such information,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
Duty to enquire before excavation
Any person who digs, bores, trenches, grades, excavates or breaks any ground with any mechanical equipment or explosive within the service area or allows his employee or agent to do so without first ascertaining the location of any apparatus belonging to or under the management or control of a licensee that may be interfered with shall be guilty of an offence.
General penalties
Any person guilty of an offence under this Act for which no penalty is expressly provided 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.
Composition of offences
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.
Offences committed by bodies corporate, etc.
Where an offence under this Act has been committed by a company, firm, society or other body of persons, and that offence is proved to have been committed with the authority, consent or connivance of any person who, at the time of the commission of the offence, was a director, manager, secretary or other similar officer or a partner of the company, firm, society or other body of persons or was purporting to act in any such capacity, that person shall also be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Appeal to Minister
Any licensee aggrieved by —
any decision of the Authority in the exercise of any discretion vested in it by or under this Act;
any direction given by the Authority under this Act; or
anything contained in any code of practice or other standard of performance issued or approved by the Authority,may appeal to the Minister.
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 shall 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.
General exemption
The Authority may, with the approval of the Minister, either permanently or for such period as it may think fit, exempt any person or premises or any class of persons or premises from all or any of the provisions of this Act.
Service of documents
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 —
by delivering it to him or to some adult member or employee of his family at his last known place of residence;
by leaving it at his usual or last known place of residence or business in an envelope addressed to him;
by affixing it to some conspicuous part of his last known place of residence; or
by sending it by registered post addressed to him at his usual or last known place of residence or business,and where the person to be served is a body corporate —
by delivering it to the secretary or other like officer of the body corporate at its registered or principal office; or
by sending it by registered post addressed to the body corporate at its registered or principal office.
Any notice, order, document or summons sent by registered post to any person in accordance with subsection (1) shall be 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 shall be sufficient to prove that the envelope containing the same was properly addressed, stamped and posted by registered post.
Regulations
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 shall be presented to Parliament as soon as possible after publication in the Gazette.
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