What is Energy Conservation Bill?

Energy Conservation Bill is Singapore Bill, cited as Bill 8 2012, currently marked in force and first recorded in 2012.

Is Energy Conservation Bill still in force?

Yes — Energy Conservation Bill is currently in force.

When did Energy Conservation Bill take effect?

Energy Conservation Bill was first recorded in 2012.

How many clauses does Energy Conservation Bill have?

Energy Conservation Bill contains 82 clauses.

Where can I read the official version of Energy Conservation Bill?

The official text of Energy Conservation Bill is published at sso.agc.gov.sg.

Energy Conservation Bill (2012, No. 8)

Clause 1

Short title and commencement

This Act may be cited as the Energy Conservation Act 2012 and shall, with the exception of Part IV, come into operation on such date as the Minister may, by notification in the Gazette, appoint.(2) Part IV shall come into operation on such date as the Transport Minister may, by notification in the Gazette, appoint.

(1)

This Act may be cited as the Energy Conservation Act 2012 and shall, with the exception of Part IV, come into operation on such date as the Minister may, by notification in the Gazette, appoint.

(2)

Part IV shall come into operation on such date as the Transport Minister may, by notification in the Gazette, appoint.

Clause 2

Interpretation

In this Act, unless the context otherwise requires —“Agency” means the National Environment Agency established under the National Environment Agency Act (Cap. 195);“airport service operator” means —

(a)

a person operating an airport under an airport licence or an exemption granted under the Civil Aviation Authority of Singapore Act 2009 (Act 17 of 2009); or

(b)

a person providing any service or facility for an aircraft’s arrival at or departure from any airport referred to in paragraph (a), including any of the following:

(i)

the storing, processing and handling of cargo carried, or to be carried, by an aircraft;

(ii)

the provision of fuel for, and refuelling of, an aircraft;

(iii)

flight catering services and facilities;

(iv)

the check-in and screening of aircraft passengers, including services for baggage handling and screening;“authorised officer” means an officer appointed by the Director-General under section 6(2) to be an authorised officer;“Civil Aviation Authority” means the Civil Aviation Authority of Singapore reconstituted under the Civil Aviation Authority of Singapore Act 2009;“corporation” and “related corporation” have the same meanings as in the Companies Act (Cap. 50);“Director-General” means the Director-General of Environmental Protection appointed under the Environmental Protection and Management Act (Cap. 94A);“energy use threshold” means the level of energy consumption specified in an order under section 22 or 45, expressed in terms of —

(a)

the total of all types of energy consumed;

(b)

a particular type of energy consumed; or

(c)

the aggregate of 2 or more different types of energy consumed;“greenhouse gas” means any of the following:

(a)

carbon dioxide;

(b)

methane;

(c)

nitrous oxide;

(d)

sulphur hexafluoride;

(e)

nitrogen trifluoride;

(f)

a hydrofluorocarbon of a kind prescribed in regulations;

(g)

a perfluorocarbon of a kind prescribed in regulations;

(h)

such other substance as may be prescribed as a greenhouse gas for the purposes of this Act;“Land Transport Authority” means the Land Transport Authority of Singapore established under the Land Transport Authority of Singapore Act (Cap. 158A);“land transport operator” means a person operating —

(a)

a bus service under a bus service operator’s licence granted under the Public Transport Council Act (Cap. 259B);

(b)

a rapid transit system within the meaning of the Rapid Transit Systems Act (Cap. 263A);

(c)

a fleet of motor vehicles classified as taxis under the Second Schedule to the Road Traffic Act (Cap. 276); or

(d)

a fleet of motor vehicles as part of a business activity of passenger transport or freight transport;“Maritime and Port Authority” means the Maritime and Port Authority of Singapore established under the Maritime and Port Authority of Singapore Act (Cap. 170A);“Minister”, except in Part IV, means the Minister charged with the responsibility for the environment and water resources;“motor vehicle” means a vehicle that consumes electricity or fuel;“port service operator” means a person providing any marine service or facility or port service or facility under a public licence or an exemption granted under the Maritime and Port Authority of Singapore Act;“premises” means any building, plant, workplace or other premises at which electricity, fuel or any other form of energy is consumed;“Registrar” has the same meaning as in the Road Traffic Act;“sector regulator” means the applicable regulator responsible for the administration of the provisions of this Act, determined in accordance with section 7;“Transport Minister” means the Minister charged with the responsibility for transport;“transport sector authorised officer” means an officer appointed under section 7(1)(a), (2)(a) or (3)(a) by a sector regulator to be a transport sector authorised officer;“workplace” has the same meaning as in section 5 of the Workplace Safety and Health Act (Cap. 354A).

Definition

“Agency” means the National Environment Agency established under the National Environment Agency Act (Cap. 195);

Definition

“airport service operator” means —

(a)

a person operating an airport under an airport licence or an exemption granted under the Civil Aviation Authority of Singapore Act 2009 (Act 17 of 2009); or

(b)

a person providing any service or facility for an aircraft’s arrival at or departure from any airport referred to in paragraph (a), including any of the following:

(i)

the storing, processing and handling of cargo carried, or to be carried, by an aircraft;

(ii)

the provision of fuel for, and refuelling of, an aircraft;

(iii)

flight catering services and facilities;

(iv)

the check-in and screening of aircraft passengers, including services for baggage handling and screening;

Definition

“authorised officer” means an officer appointed by the Director-General under section 6(2) to be an authorised officer;

Definition

“Civil Aviation Authority” means the Civil Aviation Authority of Singapore reconstituted under the Civil Aviation Authority of Singapore Act 2009;

Definition

“corporation” and “related corporation” have the same meanings as in the Companies Act (Cap. 50);

Definition

“Director-General” means the Director-General of Environmental Protection appointed under the Environmental Protection and Management Act (Cap. 94A);

Definition

“energy use threshold” means the level of energy consumption specified in an order under section 22 or 45, expressed in terms of —

(a)

the total of all types of energy consumed;

(b)

a particular type of energy consumed; or

(c)

the aggregate of 2 or more different types of energy consumed;

Definition

“greenhouse gas” means any of the following:

(a)

carbon dioxide;

(b)

methane;

(c)

nitrous oxide;

(d)

sulphur hexafluoride;

(e)

nitrogen trifluoride;

(f)

a hydrofluorocarbon of a kind prescribed in regulations;

(g)

a perfluorocarbon of a kind prescribed in regulations;

(h)

such other substance as may be prescribed as a greenhouse gas for the purposes of this Act;

Definition

“Land Transport Authority” means the Land Transport Authority of Singapore established under the Land Transport Authority of Singapore Act (Cap. 158A);

Definition

“land transport operator” means a person operating —

(a)

a bus service under a bus service operator’s licence granted under the Public Transport Council Act (Cap. 259B);

(b)

a rapid transit system within the meaning of the Rapid Transit Systems Act (Cap. 263A);

(c)

a fleet of motor vehicles classified as taxis under the Second Schedule to the Road Traffic Act (Cap. 276); or

(d)

a fleet of motor vehicles as part of a business activity of passenger transport or freight transport;

Definition

“Maritime and Port Authority” means the Maritime and Port Authority of Singapore established under the Maritime and Port Authority of Singapore Act (Cap. 170A);

Definition

“Minister”, except in Part IV, means the Minister charged with the responsibility for the environment and water resources;

Definition

“motor vehicle” means a vehicle that consumes electricity or fuel;

Definition

“port service operator” means a person providing any marine service or facility or port service or facility under a public licence or an exemption granted under the Maritime and Port Authority of Singapore Act;

Definition

“premises” means any building, plant, workplace or other premises at which electricity, fuel or any other form of energy is consumed;

Definition

“Registrar” has the same meaning as in the Road Traffic Act;

Definition

“sector regulator” means the applicable regulator responsible for the administration of the provisions of this Act, determined in accordance with section 7;

Definition

“Transport Minister” means the Minister charged with the responsibility for transport;

Definition

“transport sector authorised officer” means an officer appointed under section 7(1)(a), (2)(a) or (3)(a) by a sector regulator to be a transport sector authorised officer;

Definition

“workplace” has the same meaning as in section 5 of the Workplace Safety and Health Act (Cap. 354A).

Clause 3

Meaning of “business activity”

(1)

A business activity is an activity, or a series of activities (including ancillary activities) —

(a)

that involves the emission of greenhouse gas, the production of energy or the consumption of energy; and

(b)

that forms a single undertaking or enterprise.

(2)

For the purposes of subsection (1)(b), the activity or activities constituting the undertaking or enterprise must not be attributable to more than one industry sector.

(3)

The Minister may make regulations to prescribe —

(a)

the circumstances in which an activity or activities (including ancillary activities) will form part of a single undertaking or enterprise; and

(b)

activities which are attributable to particular industry sectors.

Clause 4

Meaning of “operational control”

(1)

A corporation has operational control over a business activity (including a business activity carried out wholly or partly by a related corporation of that corporation) if it has the authority to introduce and implement all or any of the following for the business activity:

(a)

operating policies;

(b)

health and safety policies;

(c)

environmental policies.

(2)

A corporation has operational control over premises (whether or not the premises are owned by the corporation) if it has the authority to do one or both of the following for the premises:

(a)

incur capital expenditure on the construction of any building or infrastructure on the premises;

(b)

carry out capacity expansion or other infrastructure enhancement of the premises.

(3)

For the purposes of this Act, only one such corporation can have operational control over a business activity or premises at any one time.

(4)

If more than one corporation could satisfy subsection (1) at any one time, then the corporation that has the greatest authority to introduce and implement the policies mentioned in subsection (1)(a) and (c) shall be taken, for the purposes of this Act, to have operational control over the business activity.

(5)

If more than one corporation could satisfy subsection (2) at any one time, then the corporation that has the greatest authority to carry out subsection (2)(b) shall be taken, for the purposes of this Act, to have operational control over the premises.

Clause 5

Application of Act to Government

(1)

Except as provided in subsection (2), this Act shall bind the Government.

(2)

Nothing in this Act shall render the Government liable to prosecution for an offence.

(3)

For the avoidance of doubt, no person shall be immune from prosecution for any offence under this Act by reason that the person is engaged to provide services to the Government.

Clause 64

Power to obtain energy consumption data from energy suppliers

(1)

For the purpose of carrying out his duties and functions under this Act, or obtaining information to assist a sector regulator in carrying out its duties and functions under Part IV, the Director-General may, by a notice in writing to any of the following persons (referred to in this section as an energy supplier), require the energy supplier to furnish to him data relating to the energy consumption of any person, business activity or premises specified in the notice:

(a)

any electricity licensee under the Electricity Act (Cap. 89A);

(b)

any gas licensee under the Gas Act (Cap. 116A);

(c)

any other supplier of steam, oil, fuel, district cooling services or other types of energy.

(2)

An energy supplier to whom a notice is directed under subsection (1) shall provide the data required in the form and manner and within the time specified in the notice.

(3)

An energy supplier which, without reasonable excuse, contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.

Clause 65

Energy and environment impact surveys

(1)

The Director-General may, from time to time, undertake investigations or surveys of the levels of energy consumption, energy production or greenhouse gas emissions for the purposes of —

(a)

assessing the impact on the environment of certain industries or activities; or

(b)

advising the Minister or other public bodies concerning energy or environmental policies.

(2)

For the purpose of any investigation or survey under subsection (1), the Director-General may by notice in writing require any person to furnish him, within such time and in such form and manner as he may specify, such information relating to the energy consumption, energy production or greenhouse gas emissions of that person as the Director-General may require.

(3)

Any person to whom a notice under subsection (2) is directed who fails, without reasonable excuse, to comply with the notice shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

Clause 66

Powers to examine and secure attendance, etc.

(1)

For the purpose of investigating any offence under this Act (except Part IV), an authorised officer may do all or any of the following:

(a)

examine orally any person who appears to be acquainted with the facts and circumstances of matters under this Act —

(i)

whether before or after that person or anyone else is charged with an offence in connection with the matter; and

(ii)

whether or not that person is to be called as a witness in any inquiry, trial or other proceeding in connection with the matter;

(b)

require by notice in writing the attendance before himself of any person within the limits of Singapore, who, from information given or otherwise, appears to be acquainted with the facts and circumstances of matters under this Act, and that person shall attend as required;

(c)

require any person to furnish any information or produce any book, document or copy thereof in the possession of that person and, without payment, inspect, keep, copy or take extracts from such book or document.

(2)

Any person examined under this section shall be bound to state truly what he knows of the facts and circumstances concerning matters under this Act, except that he need not say anything that might expose him to a criminal charge, penalty or forfeiture.

(3)

A statement made by any person examined under this section shall —

(a)

be reduced to writing;

(b)

be read over to him;

(c)

if he does not understand English, be interpreted for him in a language that he understands; and

(d)

after correction, if necessary, be signed by him.

(4)

If any person fails to attend as required by a notice under subsection (1)(b), the authorised officer may report such failure to a Magistrate who may thereupon issue a warrant to secure the attendance of that person as required by the notice.

Clause 67

Notices and other documents may be given by authorised officer or transport sector authorised officer

(1)

All notices and other documents of any nature which —

(a)

the Director-General is empowered to give under this Act may, subject to the direction of the Director-General, be given by any authorised officer on behalf of the Director-General; and

(b)

a sector regulator is empowered to give under this Act may, subject to the direction of the sector regulator, be given by any transport sector authorised officer appointed by that sector regulator on its behalf.

(2)

Where any such notice or document referred to in subsection (1)(a) requires authentication, the signature or an official facsimile thereof of the Director-General or an authorised officer affixed thereto shall be sufficient authentication.

(3)

Where any such notice or document referred to in subsection (1)(b) requires authentication, the signature or an official facsimile thereof of the Chief Executive, or a transport sector authorised officer, of the sector regulator affixed thereto shall be sufficient authentication.

Clause 68

Service of documents, etc.

(1)

Every notice or document required or authorised by this Act to be served on any person may be served —

(a)

in the case of an individual —

(i)

by delivering it to the individual personally;

(ii)

by leaving it with an adult person apparently resident at, or by sending it by post to, the usual or last known address of the place of residence of the individual;

(iii)

by leaving it with an adult person apparently employed at, or by sending it by post to, the usual or last known address of the place of business of the individual;

(iv)

by affixing a copy of the notice in a conspicuous place at the usual or last known address of the place of residence or business of the individual; or

(v)

by sending it by facsimile transmission to the fax transmission number operated at the usual or last known address of the place of residence or business of the individual, or the last fax number given to an authorised officer or a transport sector authorised officer by the individual as the facsimile transmission number for the service of documents on the individual;

(b)

in the case of a partnership other than a limited liability partnership —

(i)

by delivering it to any one of the partners or the secretary or other like officer of the partnership;

(ii)

by leaving it at, or by sending it by post to, the principal or last known place of business of the partnership in Singapore; or

(iii)

by sending it by facsimile transmission to the fax transmission number operated at the principal or last known place of business of the partnership in Singapore; and

(c)

in the case of a body corporate —

(i)

by delivering it to the secretary or other like officer of the body corporate or, in the case of a limited liability partnership, the manager thereof;

(ii)

by leaving it at, or by sending it by post to, the registered office or principal office of the body corporate in Singapore; or

(iii)

by sending it by facsimile transmission to the fax transmission number operated at the registered office or principal office of the body corporate in Singapore.

(2)

Where any notice or other document to be served on any person is —

(a)

sent by a facsimile transmission to the fax transmission number operated at the last known place of residence or business or registered office or principal office in accordance with subsection (1), it shall be deemed to have been duly served on the person to whom it is addressed on the day of transmission, subject to receipt on the sending facsimile machine of a notification (by electronic or other means) of a successful transmission to the place of residence or business or registered office or principal office, as the case may be; and

(b)

sent by post, it shall be deemed to have been duly served on the person to whom it is addressed by the time at which it would have been delivered in the ordinary course of post.

(3)

A notice or other document required or authorised by this Act to be served on the owner or occupier of any premises shall be deemed to be properly addressed if addressed by the description of the “owner” or “occupier” of the premises without further name or description.

(4)

This section shall not apply to notices and other documents to be served in proceedings in court.

(5)

In this section, “body corporate” includes a limited liability partnership.

Clause 69

Inaccuracies in document

(1)

No misnomer or inaccurate description of any person, premises, building, holding, street or place named or described in any document prepared, issued or served under, by virtue of or for the purposes of this Act shall in any way affect the operation of this Act as respects that person or place if that person or place is so designated in the document as to be identifiable.

(2)

No proceedings taken under or by virtue of this Act shall be invalid for want of form.

Clause 70

Evidence

(1)

The contents of any document prepared, issued or served by the Agency, a sector regulator or any authorised officer or transport sector authorised officer under or for the purposes of this Act shall, until the contrary is proved, be presumed to be correct.

(2)

All records, registers and other documents kept by the Agency or a sector regulator or by any authorised officer or transport sector authorised officer for the purposes of this Act shall be deemed to be public documents, and copies thereof or extracts therefrom certified by an officer or employee of the Agency or sector regulator responsible for the custody thereof to be true copies or extracts, as the case may be, and subscribed by such officer or employee with his name and his official title shall be admissible in evidence as proof of the contents of the documents or extracts therefrom.

Clause 71

Disclosure of information

Notwithstanding section 47 of the National Environment Agency Act (Cap. 195), section 14 of the Civil Aviation Authority of Singapore Act 2009 (Act 17 of 2009), section 41 of the Land Transport Authority of Singapore Act (Cap. 158A) and section 98 of the Maritime and Port Authority of Singapore Act (Cap. 170A) —

(a)

the Director-General, and any authorised officer with the approval of the Director-General; and

(b)

each of the sector regulators, and any transport sector authorised officer with the approval of the appropriate sector regulator,may furnish any information, report or document obtained in the performance of their duties or in the exercise of their functions under this Act to any of the public officers or statutory bodies set out in the First Schedule for the purpose of enabling the performance or discharge by that public officer or statutory body of his or its functions or duties.

Clause 72

Offences by bodies corporate, etc.

(1)

Where an offence under this Act committed by a body corporate is proved —

(a)

to have been committed with the consent or connivance of an officer of the body corporate; or

(b)

to be attributable to any act or default on his part,the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(2)

Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(3)

Where an offence under this Act committed by a partnership is proved —

(a)

to have been committed with the consent or connivance of a partner; or

(b)

to be attributable to any act or default on his part,the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(4)

Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved —

(a)

to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or

(b)

to be attributable to any act or default on the part of such officer or member,the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(5)

In this section —

Definition

“body corporate” includes a limited liability partnership;

Definition

“officer” —

(a)

in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or

(b)

in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity;

Definition

“partner” includes a person purporting to act as a partner.

(6)

The Minister may make regulations to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate, limited liability partnership or unincorporated association formed or recognised under the law of a territory outside Singapore.

Clause 73

Power of court to order cause of contravention to be remedied

(1)

Where any person is convicted of an offence under this Act, the court may, in addition to or instead of imposing any penalty, order him to take, within the time specified in the order (or within such further time as the court may allow), such steps as may be so specified for remedying the matters in respect of which the contravention occurred.

(2)

Subject to subsection (3), where an order is made under subsection (1), the convicted person shall not be liable under this Act in respect of the continuation of the contravention during the time specified in the order or allowed by the court to remedy the matters in respect of which the contravention occurred.

(3)

If, after the expiration of the time specified in the order or allowed by the court under subsection (1) following a conviction of an offence, the order is not complied with, the person referred to in that subsection shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 for every day during which the non-compliance continues after the date of conviction for that first-mentioned offence.

Clause 74

Composition of offences

(1)

The Director-General or any officer of the Agency authorised by the Director-General to compound offences may, in his discretion, compound any offence under this Act (except Part IV) which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence, a sum not exceeding the lower of the following sums:

(a)

one half of the amount of the maximum fine that is prescribed for the offence;

(b)

a sum of $5,000.

(2)

On payment of such sum of money, no further proceedings shall be taken against that person in respect of the offence.

(3)

The Minister may make regulations to prescribe the offences which may be compounded.

(4)

All sums collected under this section shall be paid to the Consolidated Fund.

Clause 75

Saving of prosecutions under other laws

Nothing in this Act shall prevent any person from being prosecuted under any other written law for any act or omission which constitutes an offence under this Act or from being liable under that other law to any other or higher punishment or penalty than that provided by this Act, except that no person shall be punished twice for the same offence.

Clause 76

Amendment of First Schedule

(1)

The Minister may, from time to time, by order published in the Gazette, amend, add to or vary the First Schedule.

(2)

The Minister may, in any order made under subsection (1), make such incidental, consequential or supplementary provision as may be necessary or expedient.

(3)

Any order made under subsection (1) shall be presented to Parliament as soon as possible after publication in the Gazette.

Clause 77

Exemption

The Minister may, by order published in the Gazette and with or without conditions, exempt —

(a)

any class or description of goods, business activity or premises from all or any of the provisions of this Act (except Part IV); or

(b)

any class or description of persons from compliance with all or any of the provisions of this Act (except Part IV).

Clause 78

Regulations

(1)

The Minister may make such regulations as he may consider necessary or expedient for carrying out the purposes and provisions of this Act (except Part IV).

(2)

Without prejudice to the generality of subsection (1), the Minister may make regulations for or with respect to all or any of the following matters:

(a)

prescribing the registration requirements in relation to registrable goods and the suppliers of registrable goods, and the regulation of the labelling of registrable goods;

(b)

prescribing the registration requirements in relation to registrable corporations;

(c)

specifying any energy efficiency standards or energy management standards with which any class or description of registered goods or registered corporations must comply;

(d)

in relation to reports under section 27 —

(i)

specifying the methods, or criteria for methods, by which the amounts of emissions, reduction, removal, offsets, energy production or energy consumption are to be measured, including specifying —

(A)

different methods or criteria for different industry sectors;

(B)

different methods or criteria depending on the circumstances in which the emissions, reduction, removal, offsets, production or consumption occurred;

(C)

conditions relating to the use of different methods or criteria;

(D)

rating systems for those methods (including different rating systems for different circumstances); and

(E)

the particular rating given to each of those methods; and

(ii)

specifying different requirements in relation to the information to be supplied in the report for different circumstances;

(e)

requirements for the preparation and submission of a report under section 27 or an energy efficiency improvement plan under section 29;

(f)

requirements relating to the implementation of energy efficiency measures proposed in any energy efficiency improvement plan under section 29;

(g)

in relation to an energy manager under Part III —

(i)

the requirements for the appointment, training and qualification of an energy manager;

(ii)

the functions and duties of an energy manager; and

(iii)

the powers of an energy manager, being necessary powers for the discharge of his functions and duties;

(h)

prescribing any forms for use under this Act;

(i)

prescribing any fees and charges payable for the purposes of this Act;

(j)

prescribing any other matter which is required or permitted to be prescribed to give effect to this Act.

(3)

The Minister may make regulations for the purpose of coordinating the exercise of powers by the Director-General under this Act and the exercise of powers by any other sector regulator referred to in Part IV, and may, in particular, make regulations to provide for the procedure to be followed —

(a)

in determining, in a particular case or category of cases, whether the Director-General (or an authorised officer) should exercise his powers or whether a sector regulator (or a transport sector authorised officer) should exercise his or its powers; and

(b)

where the Director-General and a sector regulator, or their respective authorised officers or transport sector authorised officers, may exercise their respective powers concurrently or conjunctively.

(4)

The Minister may, in making any regulations under this section, provide that any contravention of any of the provisions of such regulations shall be an offence punishable with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 12 months or with both.

Clause 79

Adoption of codes and standards

(1)

Any regulations made under section 78 may adopt wholly or partially, or as amended by the regulations or by reference, any code, standard, rule, specification or provision which relates to any matter with which the regulations deal and which —

(a)

is recommended, issued or adopted by any standards organisation or body (whether within or outside Singapore) approved by the Director-General; or

(b)

is considered by the Director-General to be appropriate for adoption for the purposes of this Act.

(2)

The Director-General shall cause a copy of every code, standard, rule, specification or provision adopted under subsection (1) to be made available for inspection by members of the public without charge at the office of the Agency during normal office hours.

(3)

In any proceedings, a copy certified by the Director-General as a true copy of a code, standard, rule, specification or provision adopted under subsection (1) shall be evidence of the code, standard, rule, specification or provision so adopted.

Clause 80

Consequential and related amendments to other written laws

(1)

Part XA of the Environmental Protection and Management Act (Cap. 94A) is repealed.

(2)

The provisions of the Acts specified in the first column of the Second Schedule are amended in the manner set out in the second column thereof.

Clause 81

Savings and transitional provisions in relation to Part III

(1)

Any person who, immediately before the appointed date, was a registered supplier under the repealed provisions shall be deemed to be a registered supplier under this Act.

(2)

Any registered goods registered under the repealed provisions immediately before the appointed date shall be deemed to be registered goods under this Act, and the registration shall expire on the date it would have expired if section 80(1) of this Act had not been enacted, unless earlier withdrawn or revoked under this Act.

(3)

Any application for registration of a registered supplier or registered goods under the repealed provisions before the appointed date which application was not dealt with before that date shall be deemed to be an application for registration under the corresponding provisions of this Act.

(4)

Where an appeal has been made to the Minister under the repealed provisions and the appeal has not been dealt with or disposed of immediately before the appointed date, the appeal may be dealt with in accordance with the repealed provisions as if this Act had not been enacted.

(5)

For a period of 2 years after the appointed date, the Minister may, by regulations, prescribe such other transitional, incidental and consequential matters as he may consider necessary or expedient.

(6)

In this section —

Definition

“appointed date” means the date of commencement of Division 1 of Part III of this Act;

Definition

“repealed provisions” means Part XA of the Environmental Protection and Management Act (Cap. 94A) repealed by section 80(1) of this Act.

Clause 82

Savings and transitional provisions in relation to Part IV

(1)

No registration of any class, description or type of motor vehicles as registered goods under the EPMA provisions shall be valid after 31st December 2012.

(2)

Subject to subsections (4) and (5), an authorised dealer, manufacturer or importer of motor vehicles of a class, description or type which, immediately before the FEL appointed date, were registered goods registered under the EPMA provisions, may continue to sell or offer for sale those motor vehicles on or after that date in accordance with the EPMA provisions until —

(a)

the date on which the registration of those motor vehicles under the EPMA provisions expires (or is deemed by subsection (5) to expire), or is withdrawn or revoked under the EPMA provisions; or

(b)

31st December 2012,whichever occurs first, and sections 41 and 42 of this Act shall not apply until then.

(3)

Notwithstanding section 80(1) of this Act coming into force before 31st December 2012, subsection (2) shall continue to apply to an authorised dealer, manufacturer or importer referred to in subsection (2) as if section 80(1) of this Act had not been enacted.

(4)

Subsections (2) and (3) shall apply on the condition that the motor vehicles referred to therein are sold or offered for sale bearing the label in the manner required under the EPMA provisions.

(5)

Notwithstanding subsection (2) or (3), the registration of any class, description or type of motor vehicles as registered goods under the EPMA provisions shall be deemed to expire when any type-approval, batch type-approval or modified type-approval referred to in section 41 of this Act is obtained in respect of that class, description or type of motor vehicles.

(6)

For a period of 2 years after the FEL appointed date, the Transport Minister may, by regulations, prescribe such other transitional, incidental and consequential matters as he may consider necessary or expedient.

(7)

In this section —

Definition

“EPMA provisions” means Part XA of the Environmental Protection and Management Act (Cap. 94A) in force before the date of commencement of section 80(1) of this Act;

Definition

“FEL appointed date” means the date of commencement of Division 1 of Part IV of this Act.

Clause 6

Director-General and appointment of authorised officers

(1)

The Director-General shall, subject to any general or special directions of the Minister, be responsible for the administration of this Act (except Part IV), and may perform such duties as are imposed and exercise such powers as are conferred upon him by this Act.

(2)

The Director-General may appoint, by name or office, any public officer, any officer or employee of the Agency or any auxiliary police officer appointed as such under the Police Force Act (Cap. 235) to be an authorised officer to assist him in the administration of this Act.

(3)

The Director-General may, with the approval of the Minister, delegate the exercise of all or any of the powers conferred or duties imposed on him by this Act (except the power of delegation conferred by this subsection) to any authorised officer, subject to such conditions or limitations as the Director-General may specify.

Clause 7

Sector regulators and appointment of transport sector authorised officers

(1)

The Land Transport Authority shall, subject to any general or special directions of the Transport Minister, be responsible for the administration of the provisions of this Act relating to fuel economy labelling of motor vehicles and the provisions of this Act as they apply to any land transport operator, and may —

(a)

appoint, by name or office, any officer or employee of the Land Transport Authority or any auxiliary police officer appointed as such under the Police Force Act (Cap. 235) to be a transport sector authorised officer for the purposes of this Act in relation thereto;

(b)

perform such duties as are imposed and exercise such powers as are conferred upon it by this Act in relation thereto; and

(c)

subject to such conditions or restrictions as it may specify, delegate the exercise of all or any of the powers conferred or duties imposed on the Land Transport Authority by or under this Act in relation thereto (except the power of delegation conferred by this paragraph) to any transport sector authorised officer appointed by it under paragraph (a).

(2)

The Maritime and Port Authority shall, subject to any general or special directions of the Transport Minister, be responsible for the administration of the provisions of this Act as they apply to any port service operator, and may —

(a)

appoint, by name or office, any officer or employee of the Maritime and Port Authority or any auxiliary police officer appointed as such under the Police Force Act to be a transport sector authorised officer for the purposes of this Act in relation thereto;

(b)

perform such duties as are imposed and exercise such powers as are conferred upon it by this Act in relation thereto; and

(c)

subject to such conditions or restrictions as it may specify, delegate the exercise of all or any of the powers conferred or duties imposed on the Maritime and Port Authority by or under this Act in relation thereto (except the power of delegation conferred by this paragraph) to any transport sector authorised officer appointed by it under paragraph (a).

(3)

The Civil Aviation Authority shall, subject to any general or special directions of the Transport Minister, be responsible for the administration of the provisions of this Act as they apply to any airport service operator, and may —

(a)

appoint, by name or office, any officer or employee of the Civil Aviation Authority or any auxiliary police officer appointed as such under the Police Force Act to be a transport sector authorised officer for the purposes of this Act in relation thereto;

(b)

perform such duties as are imposed and exercise such powers as are conferred upon it by this Act in relation thereto; and

(c)

subject to such conditions or restrictions as it may specify, delegate the exercise of all or any of the powers conferred or duties imposed on the Civil Aviation Authority by or under this Act in relation thereto (except the power of delegation conferred by this paragraph) to any transport sector authorised officer appointed by it under paragraph (a).

Clause 8

Public servants

Each of the following persons shall be deemed to be a public servant for the purposes of the Penal Code (Cap. 224):

(a)

the Director-General and every authorised officer appointed under section 6(2);

(b)

every transport sector authorised officer appointed under section 7(1)(a), (2)(a) or (3)(a).

Clause 9

Protection from personal liability

(1)

No liability shall be incurred by —

(a)

the Director-General or any member, officer or employee of the Agency, or any other person acting under the direction of the Agency;

(b)

the Registrar or any member, officer or employee of the Land Transport Authority;

(c)

any authorised officer appointed under section 6(2); or

(d)

any transport sector authorised officer appointed under section 7(1)(a), (2)(a) or (3)(a),for anything which is done or intended to be done in good faith and with reasonable care, in the exercise or purported exercise of any power, or the performance or purported performance of any function or duty, under this Act.

(2)

Where the Agency or a sector regulator provides a service to the public whereby information is supplied to the public pursuant to any provision of this Act, none of the members, officers or employees of the Agency or the sector regulator, as the case may be, involved in the supply of such information shall be liable for any loss or damage suffered by any member of the public by reason of any error or omission of whatever nature appearing therein or however caused if made in good faith and with reasonable care in the ordinary course of the discharge of the duties of such member, officer or employee.

Clause 10

Interpretation of this Division

In this Division, unless the context otherwise requires —“effective date”, in relation to any goods, means the date on which the goods become registrable goods as specified in the order under section 11;“goods” means any device, appliance, equipment, article or thing the use or operation of which consumes electricity or fuel, but does not include any motor vehicle;“label”, in relation to any registrable goods, includes marking or affixing a label to the registrable goods;“manufacture” means to make, fabricate, produce or process any goods and includes —

(a)

the adapting for sale of any goods; and

(b)

the altering, ornamenting or finishing or the assembling or processing in any form of any goods;“registered goods” means any registrable goods registered under section 13(4) as such;“registered supplier” means any importer or manufacturer registered under section 13(4) as such;“registrable goods” means any goods declared by order under section 11 to be such;“sale” includes —

(a)

barter, exchange or import;

(b)

offering or attempting to sell, causing or allowing to be sold, or exposing for sale; and

(c)

receiving, sending or delivering for sale;“supply”, in relation to any goods, includes —

(a)

the supply of the goods by way of sale, lease, loan, hire or hire-purchase;

(b)

the supply of the goods in connection with any agreement; and

(c)

the offer to supply the goods.

Definition

“effective date”, in relation to any goods, means the date on which the goods become registrable goods as specified in the order under section 11;

Definition

“goods” means any device, appliance, equipment, article or thing the use or operation of which consumes electricity or fuel, but does not include any motor vehicle;

Definition

“label”, in relation to any registrable goods, includes marking or affixing a label to the registrable goods;

Definition

“manufacture” means to make, fabricate, produce or process any goods and includes —

(a)

the adapting for sale of any goods; and

(b)

the altering, ornamenting or finishing or the assembling or processing in any form of any goods;

Definition

“registered goods” means any registrable goods registered under section 13(4) as such;

Definition

“registered supplier” means any importer or manufacturer registered under section 13(4) as such;

Definition

“registrable goods” means any goods declared by order under section 11 to be such;

Definition

“sale” includes —

(a)

barter, exchange or import;

(b)

offering or attempting to sell, causing or allowing to be sold, or exposing for sale; and

(c)

receiving, sending or delivering for sale;

Definition

“supply”, in relation to any goods, includes —

(a)

the supply of the goods by way of sale, lease, loan, hire or hire-purchase;

(b)

the supply of the goods in connection with any agreement; and

(c)

the offer to supply the goods.

Clause 11

Registrable goods

The Minister may, after consultation with the Agency, by order published in the Gazette, declare any class, description or type of goods to be registrable goods for the purposes of this Part from the date specified in the order.

Clause 12

Restriction on supply of registrable goods

(1)

No person shall, in the course of any trade or business, supply any registrable goods in Singapore on or after the effective date for those goods unless the registrable goods —

(a)

are registered under section 13(4);

(b)

are labelled in the prescribed manner; and

(c)

meet such minimum energy efficiency standards as may be prescribed.

(2)

Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

Clause 13

Registration of suppliers and registrable goods

(1)

Without prejudice to section 12, no importer or manufacturer shall, in the course of any trade or business, supply any registrable goods in Singapore on or after the effective date for those goods, unless the importer or manufacturer is a registered supplier of those goods.

(2)

Any importer or manufacturer which intends to supply any registrable goods in Singapore may apply, in such form and manner as may be prescribed, to the Director-General —

(a)

to be registered as a registered supplier; and

(b)

to register the registrable goods which the importer or manufacturer intends to supply in Singapore.

(3)

Every application under subsection (2) shall be accompanied by —

(a)

such fee as may be prescribed; and

(b)

such documents and information as may be prescribed.

(4)

The Director-General may, in his discretion, register subject to such conditions as he thinks fit to impose, or refuse to register —

(a)

any applicant as a registered supplier; or

(b)

any registrable goods which the applicant intends to supply in Singapore as registered goods.

(5)

The registration of any registered supplier or any registered goods shall not be transferable from one person to another without the approval in writing of the Director-General.

(6)

Any importer or manufacturer which contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

Clause 14

Register of registered suppliers and registered goods

(1)

The Director-General shall keep and maintain a register in which shall be entered such particulars of the registered suppliers and the registered goods as the Director-General may determine.

(2)

Where the registration of any registered supplier or any registered goods has been withdrawn or revoked or has expired, as the case may be, the Director-General may —

(a)

remove the particulars of the registered supplier or the registered goods from the register; or

(b)

indicate the fact of such withdrawal, revocation or expiry of registration against the particulars of the registered supplier or the registered goods in the register, as the case may be.

(3)

The Director-General may, upon an application by any person accompanied by such fee as may be prescribed, provide a certified copy of an entry in the register to that person.

Clause 15

Duration and renewal of registration

(1)

The registration of any registered supplier shall remain valid unless withdrawn or revoked under section 16.

(2)

The registration of any registered goods, including any renewal thereof, shall be valid for 3 years unless earlier withdrawn or revoked under section 16.

(3)

An application to renew the registration of any registered goods shall be made before the expiry of the registration, and in such form and manner as may be prescribed.

(4)

Every application to renew the registration of any registered goods under subsection (3) shall be accompanied by —

(a)

such fee as may be prescribed; and

(b)

such documents and information as may be prescribed.

(5)

The Director-General may, in his discretion, renew the registration of any registered goods subject to such conditions as he thinks fit to impose, or refuse to renew such registration.

Clause 16

Withdrawal or revocation of registration

(1)

The Director-General may withdraw the registration —

(a)

of any registered supplier where the registered supplier applies to the Director-General to withdraw his or its registration as such; or

(b)

of any registered goods which a registered supplier ceases to supply in Singapore, where the registered supplier applies to the Director-General to withdraw such registration.

(2)

The Director-General may revoke the registration of any registered supplier after giving notice to the registered supplier and after such inquiry as the Director-General thinks fit —

(a)

if the registered supplier procured the registration by providing any particulars, information or document, or by making any statement or representation, to the Director-General which is false or misleading in any material particular;

(b)

if the Director-General is satisfied that the registered supplier has contravened any condition of the registration;

(c)

if the registered supplier has been convicted of an offence under section 12(2) for supplying registrable goods that do not meet the prescribed minimum energy efficiency standards; or

(d)

in the event of such other occurrence or in such other circumstances as may be prescribed.

(3)

The Director-General may revoke the registration of any registered goods after giving notice to the registered supplier supplying those goods and after such inquiry as the Director-General thinks fit, if he is satisfied —

(a)

that the registered goods do not conform with the results of any test or examination furnished by the registered supplier to the Director-General under this Part;

(b)

that the registered goods do not meet the prescribed minimum energy efficiency standards;

(c)

that a modification to the registered goods has resulted in a change that affects the energy efficiency of the registered goods;

(d)

that the registered supplier has procured the registration of the registered goods by providing any particulars, information or document, or by making any statement or representation, to the Director-General which is false or misleading in any material particular;

(e)

that the registered supplier has contravened any condition of the registration of the registered goods;

(f)

that the registered supplier has contravened section 12(1) by supplying any registered goods that do not meet the prescribed requirements relating to the labelling of the registered goods; or

(g)

that the registered supplier has contravened any provision of this Act in relation to the registered goods.

(4)

The Director-General shall, within 14 days after revoking any registration under subsection (2) or (3), inform the registered supplier in writing of the revocation and the grounds for the revocation.

(5)

Where the registration of any registered goods has been withdrawn under subsection (1)(b) or revoked under subsection (3), it shall be the duty of every registered supplier of those goods to notify every other person —

(a)

to whom the registered supplier has supplied those goods; and

(b)

who, in the course of any trade or business, supplies those goods in Singapore,of such withdrawal or revocation of the registration of the goods.

Clause 17

Appeals

(1)

Any importer or manufacturer who is aggrieved by a decision of the Director-General —

(a)

refusing to register him as a registered supplier, or refusing to register any registrable goods as registered goods, under section 13(4);

(b)

refusing to renew the registration of any registered goods under section 15(5);

(c)

to impose any condition under section 13(4) or 15(5); or

(d)

to revoke the registration of any registered supplier under section 16(2) or the registration of any registered goods under section 16(3),may, within 14 days after the date of receipt of the notice informing him of the decision of the Director-General, appeal in writing to the Minister against the decision.

(2)

The Minister may confirm, vary or reverse the decision of the Director-General appealed against, or give such directions in the matter as the Minister thinks fit.

(3)

The decision of the Minister under subsection (2) shall be final.

(4)

Notwithstanding that any appeal under subsection (1) is pending —

(a)

any condition imposed by the Director-General under section 13(4) or 15(5);

(b)

any revocation of the registration of any registered supplier under section 16(2); or

(c)

any revocation of the registration of any registered goods under section 16(3),as the case may be, shall take effect from the date specified by the Director-General in his decision, unless the Minister otherwise directs.

Clause 18

Maintenance of records

(1)

A registered supplier shall keep and maintain complete and accurate records in such form and manner, and containing such information, as may be prescribed.

(2)

The registered supplier shall make available to the Director-General the records referred to in subsection (1) for inspection.

(3)

The registered supplier shall submit such records, or furnish such other documents or information, as may be required by the Director-General within the time specified by the Director-General.

(4)

Any registered supplier who contravenes subsection (1), (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

Clause 19

Power of Director-General to require registrable goods for testing or analysis and furnishing of information

(1)

The Director-General may require any person carrying on a trade or business which consists of or includes the supply of any registrable goods —

(a)

to provide free of charge to the Director-General samples of the registrable goods for the purpose of testing or analysis; and

(b)

to furnish to the Director-General such documents or information as he may require in respect of those registrable goods or the supply of those registrable goods.

(2)

Any person who contravenes any requirement of the Director-General under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

Clause 20

False statements, forging of documentation, etc.

Any person who —

(a)

in relation to an application for registration made under section 13(2) or to renew the registration made under section 15(5), makes or causes to be made any statement or declaration which is false or misleading in any material particular;

(b)

makes or causes to be made any entry in a record, register or other document required to be kept under this Part which to his knowledge is false or misleading in any material particular; or

(c)

in response to any request of the Director-General under section 19, furnishes any document or information which to his knowledge is false or misleading in any material particular,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both.

Clause 21

Interpretation of this Division

In this Division, unless the context otherwise requires —“registered corporation” means any registrable corporation registered under section 23 as such;“registrable corporation” means any corporation declared, or which qualifies, by an order under section 22 to be such, but does not include a transport facility operator under Part IV.

Definition

“registered corporation” means any registrable corporation registered under section 23 as such;

Definition

“registrable corporation” means any corporation declared, or which qualifies, by an order under section 22 to be such, but does not include a transport facility operator under Part IV.

Clause 22

Registrable corporation

(1)

The Minister may, after consultation with the Agency, by order published in the Gazette —

(a)

declare any qualifications by which a corporation qualifies as a registrable corporation; and

(b)

specify a period within which a registrable corporation must apply to be registered under section 23.

(2)

The order under subsection (1) may describe the class, description or type of registrable corporation, or the qualifications of a registrable corporation, in terms of one or more of the following:

(a)

a particular industry or industry sector;

(b)

a type of business activity or type of premises over which a corporation has operational control;

(c)

an energy use threshold attained by a business activity, or by one or more premises, over which a corporation has operational control.

Clause 23

Registration of registrable corporation

(1)

Any corporation which qualifies as a registrable corporation shall, within the period specified in the order under section 22(1), apply in such form and manner as may be prescribed, to the Director-General to be registered.

(2)

Every application under subsection (1) shall be accompanied by —

(a)

such fee as may be prescribed; and

(b)

such documents and information as may be prescribed.

(3)

The Director-General shall register a corporation if the Director-General is satisfied that —

(a)

the corporation is a registrable corporation; and

(b)

the application for registration is in order.

(4)

The registration of any registered corporation shall remain valid until it is cancelled under section 25.

(5)

A registrable corporation which fails to apply to the Director-General to be registered within the time specified in the order shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Clause 24

Register of registered corporations

(1)

The Director-General shall keep and maintain a register in which shall be entered such particulars of the registered corporations as the Director-General may determine.

(2)

Where the registration of any registered corporation has been cancelled under section 25, the Director-General may —

(a)

remove the particulars of the registered corporation from the register; or

(b)

indicate the fact of such cancellation against the particulars of the registered corporation in the register.

(3)

The Director-General may, upon an application by any person accompanied by such fee as may be prescribed, provide a certified copy of an entry in the register to that person.

Clause 25

Corporation may apply to cancel registration

(1)

A registered corporation may apply to the Director-General to cancel its registration —

(a)

subject to paragraph (b), if the registered corporation no longer qualifies as a registrable corporation;

(b)

in the case where the registered corporation had qualified as a registrable corporation by reason of any business activity or premises under its operational control having attained an energy use threshold, if that business activity or premises (as the case may be) of the registered corporation ceased to attain the energy use threshold for a continuous period of at least 3 years immediately preceding the application; or

(c)

in the event of such other occurrence or in such other circumstances as may be prescribed.

(2)

The Director-General shall cancel the registration of any registered corporation if he is satisfied that any of the grounds for cancellation in subsection (1) are made out.

(3)

The Director-General shall, within 14 days after cancelling the registration of any corporation under subsection (2), inform the corporation in writing of the cancellation.

Clause 26

Power of Director-General to ascertain if corporation is registrable

(1)

The Director-General may, for the purpose of ascertaining whether any corporation qualifies as a registrable corporation, do all or any of the following:

(a)

by notice in writing, require the corporation to —

(i)

carry out such tests or inspections as the Director-General may specify; or

(ii)

furnish to the Director-General such reports, documents or information as he may require in respect of any business activity or premises of the corporation;

(b)

enter the premises of the corporation at reasonable hours and carry out such tests or inspections as the Director-General may think necessary.

(2)

Any person who, without reasonable excuse, fails to comply with any requirement of the Director-General under subsection (1)(a) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

Clause 27

Periodic reporting of energy use, etc.

(1)

Every registered corporation shall, within the period and in the manner prescribed, prepare and submit to the Director-General in accordance with subsection (2), a report relating to the —

(a)

energy consumption;

(b)

energy production; and

(c)

greenhouse gas emissions,from the operation of any business activity or premises or part thereof under the operational control of the registered corporation during a prescribed period.

(2)

A report under subsection (1) shall —

(a)

be in such form as may be provided by the Director-General;

(b)

contain data on the required information computed in accordance with such method as may be prescribed or any method which meets such criteria as may be prescribed; and

(c)

contain such other information as may be prescribed.

(3)

The Director-General may, in respect of any incomplete or inaccurate report from a registered corporation, in writing direct the registered corporation to do the following within the period specified in the direction:

(a)

to carry out such rectifications or re-computation as the Director-General may require; and

(b)

to re-submit the report.

(4)

Any registered corporation which —

(a)

fails to submit or re-submit a report under this section within the period delimited under this section, or within such extended time as the Director-General may allow in any particular case;

(b)

fails to comply with any direction given by the Director-General under subsection (3)(a); or

(c)

submits a false or misleading report,shall be guilty of an offence.

Clause 28

Records to be kept

(1)

Every registered corporation shall keep and maintain complete and accurate records in the prescribed form and manner containing such information as may be prescribed —

(a)

where the records are relevant to the preparation by the registered corporation of complete and accurate reports under section 27 or energy efficiency improvement plans under section 29; and

(b)

where the records are relevant to monitoring and evaluating compliance by the registered corporation with this Act.

(2)

A registered corporation shall —

(a)

retain the records referred to in subsection (1) for such period as may be prescribed; and

(b)

during that prescribed period, make available to the Director-General or any authorised officer the records referred to in subsection (1) for inspection whenever requested to do so by the Director-General.

(3)

A registered corporation shall submit such records, or furnish such other documents or information, as may be required by the Director-General within the time specified by the Director-General.

(4)

Any registered corporation which contravenes subsection (1), (2) or (3) shall be guilty of an offence.

Clause 29

Energy efficiency improvement plans

(1)

Unless granted a waiver under subsection (3), a registered corporation shall prepare and submit to the Director-General, in accordance with subsection (2) and such other requirements as may be prescribed, an energy efficiency improvement plan for a prescribed period in respect of any business activity or premises over which the registered corporation has operational control.

(2)

An energy efficiency improvement plan shall —

(a)

contain such information (including information on the implementation of any part of the plan) as may be prescribed; and

(b)

be submitted at the prescribed intervals and within the prescribed period.

(3)

A registered corporation which is unable to comply with subsection (1) in any particular case may apply in writing to the Director-General for a waiver and the Director-General may, if he is satisfied that there are good reasons to do so, waive the application of subsection (1) for a specified period of time or in respect of a specified business activity or specified premises or part thereof of the registered corporation.

(4)

The Director-General may, in respect of any incomplete energy efficiency improvement plan, in writing direct the registered corporation, within the time specified in the direction —

(a)

to carry out such rectifications or re-computation as the Director-General may require; and

(b)

to re-submit the energy efficiency improvement plan.

(5)

Any registered corporation which contravenes subsection (1) or fails to comply with a direction under subsection (4) shall be guilty of an offence.

Clause 30

Appointment of energy manager

(1)

Unless granted a waiver under subsection (5), every registered corporation shall appoint from among its employees such number of energy managers as may be prescribed for that class, description or type of registered corporation, each being an employee who has the prescribed qualifications and training to carry out the following functions:

(a)

assist the registered corporation —

(i)

to prepare the report for submission under section 27;

(ii)

to maintain the records required under section 28;

(iii)

to prepare the energy efficiency improvement plan for submission under section 29 and implement the energy efficiency measures proposed in the energy efficiency improvement plan; and

(iv)

generally to comply with the provisions of this Act;

(b)

train and educate employees of the registered corporation as to the energy conservation practices of the registered corporation;

(c)

encourage energy conservation efforts by the registered corporation; and

(d)

carry out such other duties as may be prescribed.

(2)

A registered corporation shall notify the Director-General of every appointment of an energy manager within such period as may be prescribed.

(3)

Where the Director-General is of the opinion that an energy manager is not suitably qualified, having regard to the prescribed qualifications or training (including any prescribed requirements relating to continuing education or training), the Director-General may direct the registered corporation to appoint another suitably qualified energy manager in place of the first-mentioned energy manager within a specified time, and the registered corporation shall comply with such direction.

(4)

If any energy manager appointed under subsection (1) for any reason vacates his appointment —

(a)

both the registered corporation and the energy manager shall each, within such period as may be prescribed, notify the Director-General of that fact; and

(b)

if the energy manager who vacates his office is the only energy manager of the registered corporation, the registered corporation shall —

(i)

without delay appoint under subsection (1) another energy manager in substitution of the first-mentioned energy manager; and

(ii)

within such period as may be prescribed, notify the Director-General of that substitute appointment.

(5)

A registered corporation which is unable to comply with subsection (1) in any particular case may apply in writing to the Director-General for a waiver and the Director-General may, if he is satisfied that there are good reasons to do so, waive the application of subsection (1) for a specified period of time.

(6)

Any registered corporation which contravenes subsection (1), (2), (3) or (4) shall be guilty of an offence.

Clause 31

Energy manager not to falsify data

Any energy manager appointed under section 30 who —

(a)

in any report or energy efficiency improvement plan prepared for submission to the Director-General under this Act, makes any statement which he knows to be false or misleading;

(b)

makes any entry or omission in any record required to be kept under this Act, which he knows to be false or misleading, or makes any record containing a statement which he knows to be false or misleading; or

(c)

falsifies any data required to be submitted to the Director-General under this Act,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Clause 32

Penalties for non-compliance

A registered corporation which is guilty of an offence under section 27, 28, 29 or 30 shall be liable —

(a)

on the first conviction to a fine not exceeding $10,000; and

(b)

on a second or subsequent conviction to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part thereof during which the offence continues after that second or subsequent conviction.

Clause 33

Entering premises, etc., to monitor compliance

For the purposes of determining whether this Part has been complied with, an authorised officer may, on declaration of his office and production to the person against whom he is acting of such identification card as the Director-General may direct to be carried by authorised officers —

(a)

enter any premises owned or occupied by —

(i)

a supplier of registrable goods; or

(ii)

a registrable corporation,during normal business hours without notice, or at any other time after giving not less than 6 hours’ previous notice to the occupier of the premises (unless the occupier has consented to a shorter period of notice); and

(b)

exercise any of the powers set out in sections 34, 35 and 36.

Clause 34

Powers of authorised officers in monitoring compliance

(1)

An authorised officer may exercise all or any of the following powers in relation to premises under section 33:

(a)

search the premises for any thing that may relate to compliance with this Part;

(b)

examine any activity conducted on the premises that may relate to information provided for the purposes of this Part;

(c)

examine any thing on the premises that may relate to information provided for the purposes of this Part;

(d)

take photographs or make video or audio recordings or sketches on the premises of any such activity or thing;

(e)

affix or bring onto the premises, with such assistants and workmen as may be necessary, any meter or instrument and take readings therefrom, or take readings from any meter or instrument on the premises;

(f)

inspect any document on the premises that may relate to information provided for the purposes of this Part;

(g)

take extracts from, or make copies of, any such document;

(h)

take onto the premises such equipment and materials as the authorised officer requires for the purpose of exercising powers in relation to the premises;

(i)

seize any thing found during the exercise of monitoring powers on the premises which the authorised officer believes on reasonable grounds affords evidence of a contravention of this Part.

(2)

An authorised officer may, in addition to the powers in subsection (1) —

(a)

compel any person who is able to operate any equipment at the premises to do so for the purpose of enabling the authorised officer to ascertain whether the equipment, or a disk, tape or other storage device that can be used or associated with the equipment, contains information that is relevant to assessing compliance with this Part; and

(b)

if such information is found in exercise of the power in paragraph (a) —

(i)

produce, or compel the production of, the information in documentary form, and keep or copy the documents so produced; or

(ii)

transfer, or compel the transfer of, the information to a disk, tape or other storage device, and remove it from the premises.

Clause 35

Authorised officer may require persons to furnish information and produce documents

(1)

An authorised officer may require —

(a)

any supplier of registrable goods;

(b)

any registrable corporation;

(c)

any person who apparently represents a person referred to in paragraph (a) or (b);

(d)

an energy manager of a registered corporation; or

(e)

any person who is on the premises of a person referred to in paragraph (a) or (b) when the authorised officer exercises his powers under section 33 or 34,to furnish any information within the knowledge of that person or produce any document in his custody or under his control in connection with the matter, and may, without payment, inspect, keep, copy or make extracts from such document.

(2)

Any person who, without reasonable excuse, refuses or fails to comply with a requirement under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Clause 36

Power to demand names and addresses

(1)

An authorised officer may require any person found on the premises under section 33 to —

(a)

give his name and address and such other proof of identity; and

(b)

furnish such other particulars,as the authorised officer may require for the purposes of this Part.

(2)

Any person who, upon being required by the authorised officer to give his name and address or other proof of identity or to furnish any particulars under subsection (1) —

(a)

refuses to do so;

(b)

wilfully mis-states his name and address or proof of identity; or

(c)

furnishes false particulars,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Clause 37

Supplier of registrable goods and registrable corporation to provide authorised officer with all facilities and assistance

The supplier of any registrable goods and any registrable corporation shall provide the Director-General or any authorised officer exercising his powers under this Part, and any person assisting the Director-General or that officer, all reasonable facilities and assistance for the effective exercise of their powers.

Clause 38

Penalty for obstructing Director-General or authorised officer in his duty

Any person who at any time hinders or obstructs the Director-General or any authorised officer in the performance or execution of his duty or of any thing which he is empowered or required to do under this Part shall be guilty of an offence and shall be liable on conviction —

(a)

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both; and

(b)

in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 months or to both.

Clause 39

Interpretation of this Division

In this Division, unless the context otherwise requires —“authorised dealer” means a person who is appointed to sell a vehicle in Singapore under a distributorship agreement with the manufacturer of the vehicle;“batch type-approval”, “modified type-approval” and “type-approval” have the same meanings as in rule 3D of the Road Traffic (Motor Vehicles, Registration and Licensing) Rules (Cap. 276, R 5);“FEL effective date” or “fuel economy labelling effective date”, in relation to any motor vehicle, means the date on which the motor vehicle becomes one of a class, description or type of motor vehicle specified in an order under section 40;“sale” includes attempting to sell, causing or allowing to be sold, or displaying for sale.

Definition

“authorised dealer” means a person who is appointed to sell a vehicle in Singapore under a distributorship agreement with the manufacturer of the vehicle;

Definition

“batch type-approval”, “modified type-approval” and “type-approval” have the same meanings as in rule 3D of the Road Traffic (Motor Vehicles, Registration and Licensing) Rules (Cap. 276, R 5);

Definition

“FEL effective date” or “fuel economy labelling effective date”, in relation to any motor vehicle, means the date on which the motor vehicle becomes one of a class, description or type of motor vehicle specified in an order under section 40;

Definition

“sale” includes attempting to sell, causing or allowing to be sold, or displaying for sale.

Clause 40

Motor vehicles subject to fuel economy requirements

The Transport Minister may, after consultation with the Land Transport Authority, by order published in the Gazette, declare any class, description or type of motor vehicle to be subject to the fuel economy requirements in this Division from the date specified in the order.

Clause 41

Fuel economy certificate, data and testing

Any authorised dealer, manufacturer or importer of motor vehicles intending to sell or offer for sale any motor vehicle of a class, description or type specified in an order under section 40 in Singapore on or after the FEL effective date in respect of that motor vehicle shall —

(a)

when applying for type-approval, batch type-approval or modified type-approval in respect of motor vehicles of that class, description or type, submit to the Registrar the following documents relating to the class, description or type of motor vehicle, in accordance with the prescribed requirements:

(i)

a certificate relating to fuel economy issued by a standards organisation or an international authority recognised by the Registrar;

(ii)

fuel consumption and carbon dioxide emissions data issued by a vehicle emission testing laboratory recognised by the Registrar or measured in accordance with any prescribed method or any method which meets any prescribed criteria; and

(iii)

such other information and documents relating to fuel economy as may be prescribed; and

(b)

if required by the Registrar —

(i)

send one or more of the motor vehicles for such tests or inspections as the Registrar may specify; or

(ii)

furnish to the Registrar such further documents or information as he may require in respect of those motor vehicles.

Clause 42

Fuel economy labelling

(1)

No person shall, in the course of any trade or business, sell or offer for sale any motor vehicle of a class, description or type specified in an order under section 40 in Singapore on or after the FEL effective date for that motor vehicle, unless —

(a)

throughout the period that the motor vehicle is displayed for sale, the motor vehicle bears the fuel economy label approved by the Registrar for that class, description or type of motor vehicle, in the prescribed manner; and

(b)

any printed promotional material or advertisement distributed by him relating to the class, description or type of motor vehicle contains the prescribed information relating to the fuel economy of the motor vehicle in such form and manner as may be prescribed.

(2)

Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

Clause 43

False statements, forging of documentation, etc.

Any person who —

(a)

in relation to any submission to the Registrar under section 41, makes or causes to be made any statement or declaration which is false or misleading in any material particular;

(b)

makes or causes to be made any entry or omission in the information or documents submitted to the Registrar, which to his knowledge is false or misleading in any material particular; or

(c)

forges any approval, certificate or data required to be submitted to the Registrar or any fuel economy label,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both.

Clause 44

Interpretation of this Division

In this Division, unless the context otherwise requires, “transport facility operator” means any transport facility operator declared, or which qualifies, by an order under section 45 to be such.

Clause 45

Transport facility operators

(1)

The Transport Minister may, by order published in the Gazette —

(a)

declare any airport service operator, land transport operator or port service operator to be a transport facility operator from the date specified in the order; or

(b)

declare any qualifications by which any airport service operator, land transport operator or port service operator qualifies as a transport facility operator.

(2)

The order under subsection (1) may describe the qualifications of a transport facility operator, in terms of one or both of the following:

(a)

a type of business activity or type of premises over which an airport service operator, a land transport operator or a port service operator has operational control;

(b)

an energy use threshold attained by a business activity, or by one or more premises, over which an airport service operator, a land transport operator or a port service operator has operational control.

Clause 46

Power of sector regulator to ascertain if entity is transport facility operator

(1)

The appropriate sector regulator may, for the purpose of ascertaining whether any airport service operator, land transport operator or port service operator qualifies as a transport facility operator, do all or any of the following:

(a)

by notice in writing, require the airport service operator, land transport operator or port service operator, as the case may be, to —

(i)

carry out such tests or inspections as the sector regulator may specify; or

(ii)

furnish to the sector regulator such reports, documents or information as it may require in respect of any business activity or premises of the airport service operator, land transport operator or port service operator;

(b)

enter the premises of the airport service operator, land transport operator or port service operator, as the case may be, at reasonable hours and carry out such tests or inspections as a transport sector authorised officer of the sector regulator may think necessary.

(2)

Any person who, without reasonable excuse, fails to comply with any requirement of the sector regulator under subsection (1)(a) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

Clause 47

Periodic reporting of energy use, etc.

(1)

Every transport facility operator shall, within the period and in the manner prescribed, prepare and submit to the appropriate sector regulator in accordance with subsection (2), a report relating to the —

(a)

energy consumption;

(b)

energy production; and

(c)

greenhouse gas emissions,from the operation of any business activity or premises or part thereof under the operational control of the transport facility operator during a prescribed period.

(2)

A report under subsection (1) shall —

(a)

be in such form as may be provided by the sector regulator;

(b)

contain data on the required information computed in accordance with such method as may be prescribed or any method which meets such criteria as may be prescribed; and

(c)

contain such other information as may be prescribed.

(3)

The sector regulator may, in respect of any incomplete or inaccurate report from a transport facility operator, in writing direct the transport facility operator to do the following within the period specified in the direction:

(a)

to carry out such rectifications or re-computation as the sector regulator may require; and

(b)

to re-submit the report.

(4)

Any transport facility operator which —

(a)

fails to submit or re-submit a report under this section within the period delimited under this section or within such extended time as the sector regulator may allow in any particular case;

(b)

fails to comply with any direction given by the sector regulator under subsection (3)(a); or

(c)

submits a false or misleading report,shall be guilty of an offence.

Clause 48

Records to be kept

(1)

Every transport facility operator shall keep and maintain complete and accurate records in the prescribed form and manner containing such information as may be prescribed —

(a)

where the records are relevant to the preparation by the transport facility operator of complete and accurate reports under section 47 or energy efficiency improvement plans under section 49; and

(b)

where the records are relevant to monitoring and evaluating compliance by the transport facility operator with this Act.

(2)

A transport facility operator shall —

(a)

retain the records referred to in subsection (1) for such period as may be prescribed; and

(b)

during that prescribed period, make available to any transport sector authorised officer of the sector regulator the records referred to in subsection (1) for inspection whenever requested to do so by the transport sector authorised officer.

(3)

A transport facility operator shall submit such records, or furnish such other documents or information, as may be required by the sector regulator within the time specified by the sector regulator.

(4)

Any transport facility operator which contravenes subsection (1), (2) or (3) shall be guilty of an offence.

Clause 49

Energy efficiency improvement plans

(1)

Unless granted a waiver under subsection (3), a transport facility operator shall prepare and submit to the appropriate sector regulator, in accordance with subsection (2) and such other requirements as may be prescribed, an energy efficiency improvement plan for a prescribed period in respect of any business activity or premises over which the transport facility operator has operational control.

(2)

An energy efficiency improvement plan shall —

(a)

contain such information (including information on the implementation of any part of the plan) as may be prescribed; and

(b)

be submitted at the prescribed intervals and within the prescribed period.

(3)

A transport facility operator which is unable to comply with subsection (1) in any particular case may apply in writing to the sector regulator for a waiver and the sector regulator may, if it is satisfied that there are good reasons to do so, waive the application of subsection (1) for a specified period of time or in respect of a specified business activity or specified premises or part thereof of the transport facility operator.

(4)

The sector regulator may, in respect of any incomplete energy efficiency improvement plan, in writing direct the transport facility operator, within the time specified in the direction —

(a)

to carry out such rectifications or re-computation as the sector regulator may require; and

(b)

to re-submit the energy efficiency improvement plan.

(5)

Any transport facility operator which contravenes subsection (1) or fails to comply with a direction under subsection (4) shall be guilty of an offence.

Clause 50

Appointment of energy manager

(1)

Unless granted a waiver under subsection (5), every transport facility operator shall appoint from among its employees such number of energy managers as may be prescribed for that class, description or type of transport facility operator, each being an employee who has the prescribed qualifications and training to carry out the following functions:

(a)

assist the transport facility operator —

(i)

to prepare the report for submission under section 47;

(ii)

to maintain the records required under section 48;

(iii)

to prepare the energy efficiency improvement plan for submission under section 49 and implement the energy efficiency measures proposed in the energy efficiency improvement plan; and

(iv)

generally to comply with the provisions of this Act;

(b)

train and educate employees of the transport facility operator as to the energy conservation practices of the transport facility operator;

(c)

encourage energy conservation efforts by the transport facility operator; and

(d)

carry out such other duties as may be prescribed.

(2)

A transport facility operator shall notify the appropriate sector regulator of every appointment of an energy manager within such period as may be prescribed.

(3)

Where the sector regulator is of the opinion that an energy manager is not suitably qualified, having regard to the prescribed qualifications or training (including any prescribed requirements relating to continuing education or training), the sector regulator may direct the transport facility operator to appoint another suitably qualified energy manager in place of the first-mentioned energy manager within a specified time, and the transport facility operator shall comply with such direction.

(4)

If any energy manager appointed under subsection (1) for any reason vacates his appointment —

(a)

both the transport facility operator and the energy manager shall each, within such period as may be prescribed, notify the sector regulator of that fact; and

(b)

if the energy manager who vacates his office is the only energy manager of the transport facility operator, the transport facility operator shall —

(i)

without delay appoint under subsection (1) another energy manager in substitution of the first-mentioned energy manager; and

(ii)

within such period as may be prescribed, notify the sector regulator of that substitute appointment.

(5)

A transport facility operator which is unable to comply with subsection (1) in any particular case may apply in writing to the sector regulator for a waiver and the sector regulator may, if it is satisfied that there are good reasons to do so, waive the application of subsection (1) for a specified period of time.

(6)

Any transport facility operator which contravenes subsection (1), (2), (3) or (4) shall be guilty of an offence.

Clause 51

Energy manager not to falsify data

Any energy manager appointed under section 50 who —

(a)

in any report or energy efficiency improvement plan prepared for submission to the appropriate sector regulator under this Act, makes any statement which he knows to be false or misleading;

(b)

makes any entry or omission in any record required to be kept under this Act, which he knows to be false or misleading, or makes any record containing a statement which he knows to be false or misleading; or

(c)

falsifies any data required to be submitted to the appropriate sector regulator under this Act,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Clause 52

Penalties for non-compliance

A transport facility operator which is guilty of an offence under section 47, 48, 49 or 50 shall be liable —

(a)

on the first conviction to a fine not exceeding $10,000; and

(b)

on a second or subsequent conviction to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part thereof during which the offence continues after that second or subsequent conviction.

Clause 53

Entering premises, etc., to monitor compliance

For the purposes of determining whether this Part has been complied with, a transport sector authorised officer of the appropriate sector regulator may, on declaration of his office and production to the person against whom he is acting of such identification card as the sector regulator may direct to be carried by its transport sector authorised officers —

(a)

enter any premises owned or occupied by —

(i)

an authorised dealer, manufacturer or importer of motor vehicles; or

(ii)

a transport facility operator,during normal business hours without notice, or at any other time after giving not less than 6 hours’ previous notice to the occupier of the premises (unless the occupier has consented to a shorter period of notice); and

(b)

exercise the powers set out in sections 54, 55 and 56.

Clause 54

Powers of transport sector authorised officers in monitoring compliance

(1)

A transport sector authorised officer of the appropriate sector regulator may exercise all or any of the following powers in relation to premises under section 53:

(a)

search the premises for any thing that may relate to compliance with this Part;

(b)

examine any activity conducted on the premises that may relate to information provided for the purposes of this Part;

(c)

examine any thing on the premises that may relate to information provided for the purposes of this Part;

(d)

take photographs or make video or audio recordings or sketches on the premises of any such activity or thing;

(e)

affix or bring onto the premises, with such assistants and workmen as may be necessary, any meter or instrument and take readings therefrom, or take readings from any meter or instrument on the premises;

(f)

inspect any document on the premises that may relate to information provided for the purposes of this Part;

(g)

take extracts from, or make copies of, any such document;

(h)

take onto the premises such equipment and materials as the transport sector authorised officer requires for the purpose of exercising powers in relation to the premises;

(i)

seize any thing found during the exercise of monitoring powers on the premises which the transport sector authorised officer believes on reasonable grounds affords evidence of a contravention of this Part.

(2)

A transport sector authorised officer of the sector regulator may, in addition to the powers in subsection (1) —

(a)

compel any person who is able to operate any equipment at the premises to do so for the purpose of enabling the transport sector authorised officer to ascertain whether the equipment, or a disk, tape or other storage device that can be used or associated with the equipment, contains information that is relevant to assessing compliance with this Part; and

(b)

if such information is found in exercise of the power in paragraph (a) —

(i)

produce, or compel the production of, the information in documentary form, and keep or copy the documents so produced; or

(ii)

transfer, or compel the transfer of, the information to a disk, tape or other storage device, and remove it from the premises.

Clause 55

Transport sector authorised officer may require persons to furnish information and produce documents

(1)

A transport sector authorised officer of the appropriate sector regulator may require —

(a)

any authorised dealer, manufacturer or importer of motor vehicles;

(b)

any transport facility operator;

(c)

any person who apparently represents a person referred to in paragraph (a) or (b);

(d)

an energy manager of a transport facility operator; or

(e)

any person who is on the premises of a person referred to in paragraph (a) or (b) when the transport sector authorised officer exercises his powers under section 53 or 54,to furnish any information within the knowledge of that person or produce any document in his custody or under his control in connection with the matter, and may, without payment, inspect, keep, copy or make extracts from such document.

(2)

Any person who, without reasonable excuse, refuses or fails to comply with a requirement under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Clause 56

Power to demand names and addresses

(1)

A transport sector authorised officer of the appropriate sector regulator may require any person found on the premises under section 53 to —

(a)

give his name and address and such other proof of identity; and

(b)

furnish such other particulars,as the transport sector authorised officer may require for the purposes of this Part.

(2)

Any person who, upon being required by the transport sector authorised officer to give his name and address or other proof of identity or to furnish any particulars under subsection (1) —

(a)

refuses to do so;

(b)

wilfully mis-states his name and address or proof of identity; or

(c)

furnishes false particulars,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Clause 57

Powers to examine and secure attendance, etc.

(1)

For the purpose of investigating any offence under this Part, a transport sector authorised officer of the appropriate sector regulator may do all or any of the following:

(a)

examine orally any person who appears to be acquainted with the facts and circumstances of matters under this Part —

(i)

whether before or after that person or anyone else is charged with an offence in connection with the matter; and

(ii)

whether or not that person is to be called as a witness in any inquiry, trial or other proceeding in connection with the matter;

(b)

require by notice in writing the attendance before himself of any person within the limits of Singapore, who, from information given or otherwise, appears to be acquainted with the facts and circumstances of matters under this Part, and that person shall attend as required;

(c)

require any person to furnish any information or produce any book, document or copy thereof in the possession of that person and, without payment, inspect, keep, copy or take extracts from such book or document.

(2)

Any person examined under this section shall be bound to state truly what he knows of the facts and circumstances concerning matters under this Part, except that he need not say anything that might expose him to a criminal charge, penalty or forfeiture.

(3)

A statement made by any person examined under this section shall —

(a)

be reduced to writing;

(b)

be read over to him;

(c)

if he does not understand English, be interpreted for him in a language that he understands; and

(d)

after correction, if necessary, be signed by him.

(4)

If any person fails to attend as required by a notice under subsection (1)(b), the transport sector authorised officer may report such failure to a Magistrate who may thereupon issue a warrant to secure the attendance of that person as required by the notice.

Clause 58

Authorised dealer, etc., and transport facility operator to provide transport sector authorised officer with all facilities and assistance

Any authorised dealer, manufacturer or importer of motor vehicles and any transport facility operator shall provide any transport sector authorised officer exercising his powers under this Part, and any person assisting that officer, all reasonable facilities and assistance for the effective exercise of their powers.

Clause 59

Penalty for obstructing transport sector authorised officer in his duty

Any person who at any time hinders or obstructs any transport sector authorised officer in the performance or execution of his duty or of any thing which the transport sector authorised officer is empowered or required to do under this Part shall be guilty of an offence and shall be liable on conviction —

(a)

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both; and

(b)

in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 months or to both.

Clause 60

Composition of offences

(1)

The appropriate sector regulator or an officer authorised by the sector regulator to compound offences may, in its or his discretion, compound any offence under this Part which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence, a sum not exceeding the lower of the following sums:

(a)

one half of the amount of the maximum fine that is prescribed for the offence; or

(b)

a sum of $5,000.

(2)

On payment of such sum of money, no further proceedings shall be taken against that person in respect of the offence.

(3)

The Transport Minister may make regulations to prescribe the offences which may be compounded.

(4)

All sums collected under this section shall be paid to the Consolidated Fund.

Clause 61

Exemption

The Transport Minister may, by order published in the Gazette and with or without conditions, exempt —

(a)

any class, description or type of motor vehicles, business activity or premises from all or any of the provisions of this Part; or

(b)

any class or description of persons from compliance with all or any of the provisions of this Part.

Clause 62

Regulations

(1)

The Transport Minister may make such regulations as he may consider necessary or expedient for carrying out the purposes and provisions of this Part.

(2)

Without prejudice to the generality of subsection (1), the Transport Minister may make regulations for or with respect to all or any of the following matters:

(a)

prescribing additional fuel economy testing, labelling or reporting requirements in relation to any class, description or type of motor vehicle specified in an order under section 40;

(b)

specifying a minimum fuel economy standard with which any class, description or type of motor vehicle specified in an order under section 40 must comply;

(c)

establishing a register of transport facility operators;

(d)

specifying any energy efficiency standards or energy management standards with which any class or description of transport facility operators must comply;

(e)

in relation to reports under section 47 —

(i)

specifying the methods, or criteria for methods, by which the amounts of emissions, reduction, removal, offsets, energy production or energy consumption are to be measured, including specifying —

(A)

different methods or criteria for different transport facility operators;

(B)

different methods or criteria depending on the circumstances in which the emissions, reduction, removal, offsets, production or consumption occurred;

(C)

conditions relating to the use of different methods or criteria;

(D)

rating systems for those methods (including different rating systems for different circumstances); and

(E)

the particular rating given to each of those methods; and

(ii)

specifying different requirements in relation to the information to be supplied in the report for different circumstances;

(f)

requirements for the preparation and submission of a report under section 47 or an energy efficiency improvement plan under section 49;

(g)

requirements relating to the implementation of energy efficiency measures proposed in any energy efficiency improvement plan under section 49;

(h)

in relation to an energy manager under this Part —

(i)

the requirements for the appointment, training and qualification of an energy manager;

(i)

the functions and duties of an energy manager; and

(ii)

the powers of an energy manager, being necessary powers for the discharge of his functions and duties;

(iii)

prescribing any forms for use under this Part;

(j)

prescribing any fees and charges payable for the purposes of this Part;

(k)

prescribing any other matter which is required or permitted to be prescribed to give effect to this Part.

(3)

The Transport Minister may, in making any regulations under this section, provide that any contravention of any of the provisions of such regulations shall be an offence punishable with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 12 months or with both.

Clause 63

Adoption of codes and standards

(1)

Any regulations made under section 62 may adopt wholly or partially, or as amended by the regulations or by reference, any code, standard, rule, specification or provision which relates to any matter with which the regulations deal and which —

(a)

is recommended, issued or adopted by any standards organisation or body (whether within or outside Singapore) approved by the appropriate sector regulator; or

(b)

is considered by the appropriate sector regulator to be appropriate for adoption for the purposes of this Part.

(2)

The sector regulator shall cause a copy of every code, standard, rule, specification or provision adopted under subsection (1) to be made available for inspection by members of the public without charge at the office of the sector regulator during normal office hours.

(3)

In any proceedings, a copy certified by the appropriate sector regulator as a true copy of a code, standard, rule, specification or provision adopted under subsection (1) shall be evidence of the code, standard, rule, specification or provision so adopted.

Schedule 1

Persons to whom information may be disclosed

FIRST SCHEDULESections 71 and 76(1)Persons to whom information may be disclosed

1. The Minister charged with the responsibility for the environment and water resources, and any member, officer or employee of the Agency.

2. The Minister charged with the responsibility for transport and any member, officer or employee of the sector regulators.

3. The Energy Market Authority of Singapore established under the Energy Market Authority of Singapore Act (Cap. 92B), and any officer or employee of that Authority authorised by the Chief Executive of that Authority for the purposes of section 71.

4. The Economic Development Board established under the Economic Development Board Act (Cap. 85), and any officer or employee of that Board authorised by the chief executive officer of that Board for the purposes of section 71.

5. The Public Utilities Board continued under section 3 of the Public Utilities Act (Cap. 261), and any officer or employee of that Board authorised by the Chief Executive of that Board for the purposes of section 71.

Schedule 2

Consequential and related amendments to other written laws

SECOND SCHEDULESection 80(2)Consequential and related amendments to other written lawsFirst columnSecond column1.Civil Aviation Authority of Singapore Act 2009 (Act 17 of 2009) Section 7(2)(i)Delete the word “and” at the end of paragraph (d). (ii)Delete the full-stop at the end of paragraph (e) and substitute a semi-colon, and insert immediately thereafter the following paragraphs: “(f)the promotion of energy efficiency within the airport services sector; and (g) environmental protection and the sustainable development of air transport.”.2.Land Transport Authority of Singapore Act (Chapter 158A, 1996 Ed.) (a)Section 6 Insert, immediately after subsection (1A), the following subsection: “(1B) In performing the functions and discharging the duties imposed on it by subsections (1) and (1A), the Authority shall have regard to the promotion of energy efficiency within the land transport sector, environmental protection and the sustainable development of land transport.”.(b)Second Schedule Delete the words “the Fifth Schedule” in paragraph 18 and substitute the words “Part I of the Fifth Schedule”.3.Maritime and Port Authority of Singapore Act (Chapter 170A, 1997 Ed.) Section 7(2)(i)Delete the word “and” at the end of paragraph (e). (ii)Delete the full-stop at the end of paragraph (f) and substitute a semi‑colon, and insert immediately thereafter the following paragraphs: “(g)the promotion of energy efficiency within the port services and facilities sector; and (h) environmental protection and the sustainable development of sea transport.”.

Energy Conservation Bill

About this bill

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