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Singapore legislation

Regulation 11

of Energy Conservation (Energy Management Practices for Transport Facility Operators) Regulations 2013

Regulation 11

Appointment of energy manager

Subregulation 1

A transport facility operator shall appoint from among its employees not less than one energy manager who shall possess the qualifications prescribed in paragraph (4).

Subregulation 2

Subject to paragraph (3), a transport facility operator shall notify the appropriate sector regulator of every appointment of an energy manager within 30 days after his appointment using the electronic service provided at http://www.nea.gov.sg.

Subregulation 3

A transport facility operator shall notify the appropriate sector regulator of the appointment of its first energy manager not later than 30 days after registration under regulation 4.

Subregulation 4

No person may be appointed as an energy manager of a transport facility operator unless —

(a)

he has been approved by the appropriate sector regulator; and

(b)

he satisfies all of the following requirements:

(i)

he holds a tertiary education qualification, or such other qualification as the appropriate sector regulator may approve as being, in its opinion, substantially equivalent to a tertiary education qualification;

(ii)

he has at least 2 years’ work experience with the transport facility operator, or has such other experience as the appropriate sector regulator may approve as being, in its opinion, substantially equivalent to such experience; and

(iii)

he has knowledge of the transport facility operator’s operations or maintenance.

Subregulation 5

An application by a person for approval under paragraph (4)(a), or for approval under paragraph (4)(a) and either or both of sub-paragraphs (i) and (ii) of paragraph (4)(b), shall be made in writing and be accompanied by the following: (a)a copy of a certificate showing the applicant’s training in energy management (if any);

(b)

a copy of the applicant’s qualification;

(c)

written evidence of the applicant’s practical experience (including details of the duration and a description of the practical experience) in such of the following matters as may be applicable:

(i)

the work of energy management;

(ii)

the operations or maintenance of any airport service operator, land transport operator or port service operator;

(d)

a written statement of any other relevant matters that the applicant would like the appropriate sector regulator to consider; and

(e)

such other evidence or particulars as the appropriate sector regulator considers necessary to determine the application.

Subregulation 6

A person who is aggrieved by the appropriate sector regulator’s decision in refusing to grant an approval under paragraph (4)(a) or (b)(i) or (ii) may, within 30 days after the date he is notified of the sector regulator’s decision, appeal to the Transport Minister in writing.

Subregulation 7

The Transport Minister may, after considering the appeal, dismiss or allow the appeal, unconditionally or subject to such conditions as he thinks fit, and the decision of the appropriate sector regulator shall be confirmed, rescinded or varied in such manner as the Transport Minister may decide.

Subregulation 8

The Transport Minister may, in considering an appeal under paragraph (6), give the appellant and the appropriate sector regulator an opportunity to make representations in writing.

Subregulation 9

The decision of the Transport Minister in any appeal under paragraph (6) shall be final.

Subregulation 10

A person shall not be employed or act as an energy manager for more than one transport facility operator at any point in time.

Subregulation 11

Where an energy manager of a transport facility operator vacates his appointment —

(a)

the transport facility operator shall, within 30 days after the vacation of the appointment, notify the appropriate sector regulator of that fact using the electronic service provided at http://www.nea.gov.sg; and

(b)

if the energy manager is the only energy manager of the transport facility operator, the transport facility operator shall notify the appropriate sector regulator of the appointment of a substitute energy manager within 90 days after the vacation of the appointment.

Subregulation 12

If the only energy manager of a transport facility operator vacates his appointment, the transport facility operator may designate another employee to perform the energy manager’s responsibilities pending the appointment of a substitute energy manager.

Subregulation 13

Every application under section 50(5) of the Act for a waiver of the application of section 50(1) of the Act shall —

(a)

be in writing;

(b)

state the reasons for the transport facility operator’s inability to comply with the requirements; and

(c)

be accompanied by supporting documents (if any).