Gas Act 2001

“Appeal Panel” means a panel established by the Minister under section 84;

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

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

“check meter” means any subsidiary device used to verify the readings taken by a meter;

“code of practice” means a code of practice issued or modified by the Authority under section 62;

“connect”, in relation to any premises, means connect to a gas main of a gas transporter, whether directly or by means of a gas service pipe, and “disconnect” and “re‑connect” have corresponding meanings except that they also include discontinuing or restoring (as the case may be) the conveyance of gas to the premises;

“consumer” means a person —

“convey” means the transmission or distribution of gas by means of gas pipes, and “conveying”, “conveyed”, and “conveyance” are to be construed accordingly;

“direct access customer” means a person who has an arrangement with —

“director” has the meaning given by section 4(1) of the Companies Act 1967;

“document” includes electronic records;

“earthworks” means —

“electronic records” has the meaning given by the Electronic Transactions Act 2010;

“exempt gas transporter” means a person carrying out any activity specified in section 6(1)(a) who is granted an exemption under section 8;

“gas” means natural gas and town gas, but does not include liquefied petroleum gas;

“gas appliance” means any appliance in which gas is consumed, either for domestic requirements (including for cooking, heating or cooling purposes) or for industrial or commercial requirements (including for powering a gas engine or as feedstock in a chemical process);

“gas fitting” includes any pipe, valve, meter, regulator or other device for the control, measurement and use of gas;

“gas importer” means a person holding a gas importer’s licence;

“gas importer’s licence” means a licence granted under section 7(3)(h);

“gas installation” means a discrete grouping of gas fittings linking a gas service pipe to a gas appliance;

“gas licence” means a licence granted under section 7(3);

“gas licensee” means a person holding a gas licence;

“gas main” means any gas pipe used for the distribution of gas from a gas transmission pipeline to a consumer but does not include a gas service pipe or an internal pipe;

“gas mains network” means a network of interconnected gas mains and related equipment;

“Gas Network Code” means a code issued by the Authority or modified under section 61B;

“gas pipeline” means a gas transmission pipeline, a gas main or a gas service pipe;

“gas pipeline network” means a gas transmission network, a gas mains network and gas service pipes;

“gas plant” means any valve, regulator, plant, pipe, equipment or apparatus used for, or for purposes connected with, the production, processing, conveyance, storage or shipping of gas;

“gas retailer” means a person holding a gas retailer’s licence;

“gas retailer’s licence” means a licence granted under section 7(3)(d);

“gas service isolation valve” means a valve, located at or near the boundary line of any property or the apron of any building, used by a gas transporter to isolate the supply of gas to that property or building;

“gas service pipe” means a pipe or any part thereof, other than a gas main, used for the purpose of conveying gas from a gas main to a gas service isolation valve, and includes any pipe owned by, or under the management or control of, a gas transporter which is used for the purpose of conveying gas from the gas service isolation valve to the meter at a consumer’s premises;

“gas service work” means any work carried out on any gas installation or gas appliance, in whole or in part, including any design, construction, installation, commissioning, erection, testing, repair, addition, alteration or maintenance work;

“gas service worker” means a person carrying on the activities referred to in section 11(1);

“gas shipper” means a person holding a gas shipper’s licence;

“gas shipper’s licence” means a licence granted under section 7(3)(c);

“gas supply system” means all gas pipeline networks, gas plants and other related equipment owned by, or under the management or control of, all gas transporters for the purpose of supplying gas to consumers;

“gas tightness” means the freedom from leak when a gas pipeline network, gas installation or gas fitting is tested at the appropriate test pressure;

“gas transmission pipeline” means a bulk transmission pipeline or interconnected transmission pipeline, together with equipment (including pressure regulating and control valves) used for the conveyance of gas to a direct access customer or a gas mains network, and “gas transmission network” is to be construed accordingly;

“gas transport agent” means a person holding a gas transport agent’s licence;

“gas transport agent’s licence” means a licence granted under section 7(3)(b);

“gas transporter” means a person holding a gas transporter’s licence;

“gas transporter’s licence” means a licence granted under section 7(3)(a);

“hotwork” means any work on a non-isolated gas pipeline network involving the use of a local source of ignition and includes welding, gas‑cutting, grinding, chipping, and any process capable of generating heat, sparks or both, which may be capable of igniting flammable vapour or any other combustible material;

“import”, in relation to natural gas or LNG, means to bring or cause to be brought into Singapore by any means, the natural gas or LNG from any place outside Singapore, other than any such natural gas or LNG in transit or to be transhipped; but does not include the actual conveyance of such natural gas in connection therewith;

“information” includes information contained in electronic records;

“internal pipe” means any pipe, not being a gas pipeline, used for the purpose of conveying gas from a gas service pipe to a gas appliance, including a gas fitting inserted therein but excluding a meter;

“licensed gas business” means the business of a gas licensee in carrying on the activity in respect of which it holds a gas licence;

“licensed gas service worker” means a person who is licensed under section 12(3);

“liquefied natural gas” or “LNG” means natural gas in its liquefied state;

“LNG terminal” means a facility located onshore or in Singapore waters which is used to receive, store or gasify LNG that is imported into Singapore and at which all or any of the following activities are carried out in relation to any LNG received at the facility (including after it has been gasified thereat):

“LNG terminal operator” means a person holding an LNG terminal operator’s licence;

“LNG terminal operator’s licence” means a licence granted under section 7(3)(f);

“meter” means any device for computing the volume of gas supplied or amount of energy supplied, for charging purposes, but does not include a check meter;

“meter installation” means any meter and its associated equipment and installation, including any associated pipework, filter, valve, pressure regulating equipment, seal, housing, mounting, telemetry equipment, gas chromatograph and flow computer;

“natural gas” means any mixture of gaseous hydrocarbons which is conveyed by gas pipes and is composed of —

“natural gas or LNG in transit” means any natural gas or LNG that is brought into Singapore by any means solely for the purpose of being taken out of Singapore by the same or any other means, without such natural gas or LNG being brought into an onshore receiving facility or LNG terminal, or kept at any place in Singapore, pending its being taken out of Singapore;

“occupier” means the person in occupation of any premises and includes the person having the charge, management or control of the premises either on the person’s own account or as agent for another person, but does not include a lodger;

“onshore receiving facility” means a facility located in Singapore upstream of an onshore gas transmission network owned by, or under the management or control of, a gas transporter, and at which all or any of the following activities are carried out in relation to any gas received at the facility:

“onshore receiving facility operator” means a person holding an onshore receiving facility operator’s licence;

“onshore receiving facility operator’s licence” means a licence granted under section 7(3)(e);

“premises” means any building, structure or other place to which gas is, or is to be, conveyed;

“production” means the production of gas from a production well or a manufacturing plant;

“public safety” means the obviation of danger to the general public and to any public place or public property;

“regulations” means regulations made under this Act;

“relevant gas main”, in relation to a gas transporter, means a gas main under the control of that gas transporter which is in the area specified in its gas transporter’s licence and is used for conveying gas to any premises;

“relevant gas retailer” means, in relation to a consumer other than a direct access customer, the gas retailer who supplies that consumer with gas conveyed to the premises of that consumer;

“relevant gas shipper” means, in relation to a consumer who is a direct access customer, the gas shipper who makes arrangements with a gas transporter for gas to be conveyed to the premises of that consumer;

“retail” means the supply of gas to a consumer other than a direct access customer, and “retailer” and “retailing” are to be construed accordingly;

“shipping”, in relation to gas, means arranging with a gas transporter for gas to be introduced into, conveyed by and taken out of a gas pipeline network owned by, or under the management or control of, the gas transporter for purposes connected with the supply of gas to any premises, and “ship” is to be construed accordingly;

“standard of performance” means a standard of performance issued or modified by the Authority under section 62;

“street” includes any road, highway, square, footway or passage, whether a thoroughfare or not, over which the public has a right of way, the way over any public bridge, and any road, footway or passage, open court or open alley, used or intended to be used as a means of access to 2 or more holdings, whether the public has a right of way thereover or not; and all channels, sewers, drains, tunnels, ditches and reserves at the side of any street are deemed to be part of the street;

“supply”, in relation to gas, means the physical delivery of gas to a consumer’s premises;

“town gas” means any substance in a gaseous state which is conveyed in gas pipes and is manufactured from petrochemical feedstock or natural gas, and has hydrogen as one of its main constituents;

“town gas producer” means a person holding a town gas producer’s licence;

“town gas producer’s licence” means a licence granted under section 7(3)(g);

“tranship”, in relation to natural gas or LNG, means to bring or cause to be brought into Singapore the natural gas or LNG by any means solely for the purpose of taking it out of Singapore by the same or any other means —

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

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

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

In performing its functions and exercising its powers, the Authority must —

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

For the purposes of this section, “consumers” includes both existing and future consumers of gas.

The Authority or any authorised officer may by notice require any person to furnish, within a reasonable period specified in the notice, all information and documents relating to all such matters as may reasonably be required by the Authority to carry out the functions or duties assigned to the Authority by or under this Act, which are within the knowledge of that person or in that person’s custody or under that person’s control.

The power to require a person to furnish any information or document under subsection (1) includes the power —

Any person who, without reasonable excuse, fails to do anything required of the person by notice under subsection (1) shall be guilty of an offence.

Any person who —

If any person fails to comply with a notice under subsection (1), the court may, on the application of the Authority, make such order as the court thinks fit to secure compliance with such notice.

Any order referred to in subsection (5) may provide that all the costs and expenses of and incidental to the application are to be borne by such person or by any officer of a company or other association who is responsible for the failure.

The Authority through an authorised officer may, at any time after the expiry of the period specified in the notice referred to in subsection (1), enter any building or place where the Authority has reason to believe that any information or document in respect of which it has given the notice may be found, and seize or take extracts or copies of any such information or document.

The Authority is entitled without payment to keep any information or document, or any copy or extract thereof, furnished to it under subsection (1) or obtained under subsection (7).

Except in the performance of the person’s functions or duties or when required to do so by any court or under any written law, a person who is or has been a member, an officer, an employee or an agent of the Authority or a member of a committee of the Authority must not disclose any information relating to the affairs of the Authority or of any other person which has been obtained by the firstmentioned person in the performance of the firstmentioned person’s functions or duties.

Any person who contravenes subsection (9) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.

This section applies if —

The Authority must not disclose to any person the information or the contents of a document to which this section applies unless —

A person aggrieved by a notice under subsection (2)(b) may appeal to the Minister under section 93(1)(a) within 7 days of the date of the giving of the notice.

Subsection (2) does not prevent the Authority from disclosing any information or the contents of any document —

For the purposes of this section, the disclosure of any information or the contents of a document already in the public domain at the time the Authority wishes to disclose it cannot cause detriment to any person referred to in subsection (2)(a).

Subject to subsections (2), (3) and (4), no person may —

A person may, without a licence —

A person who is not incorporated in Singapore and does not have a place of business in Singapore may, without a licence, manage or operate an onshore receiving facility as principal if —

A person may, without a licence, manage or operate an onshore receiving facility on behalf of a principal, whether or not the person is incorporated in Singapore or has a place of business in Singapore, if —

An order under subsection (1)(i) may provide for —

Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1 million and, in the case of a continuing offence, to a further fine not exceeding $25,000 for every day or part of a day during which the offence continues after conviction.

An application for a licence, an extension to a licence or an exemption under this Part must —

In determining whether to grant or extend a licence to or for a particular person, the Authority must consider the following:

The Authority may, with the approval of the Minister, grant or extend —

A gas transporter’s licence granted or extended for the purpose referred to in section 6(1)(a)(i) must specify the area to which the licence relates, which area may include any part of an area specified in an existing licence granted to another person under this section.

A gas licence must not be granted to any person, if the grant of the licence may, in the opinion of the Authority, give rise to a conflict of interest in the discharge of any duty imposed on the person under this Act, the Electricity Act 2001 or any other licence granted to the person under this section.

A gas transporter’s licence must not be granted to —

A gas transport agent’s licence must not be granted to a gas retailer, gas shipper or town gas producer.

A gas shipper’s licence must not be granted to a gas transporter or gas transport agent.

A gas retailer’s licence must not be granted to a gas transporter or gas transport agent.

Without affecting the application of section 6(3) and (4), an onshore receiving facility operator’s licence must not be granted to any person who is not incorporated in Singapore and does not have a place of business in Singapore.

A town gas producer’s licence must not be granted to a gas transporter or gas transport agent.

Every licence granted or extended under this Part continues in force, unless it is revoked or suspended, for such period as may be specified in the licence.

The Authority may, with the approval of the Minister, by order in the Gazette, exempt any person or class of persons from complying with section 6(1) for any specified period —

Without limiting subsection (1)(b), the conditions of an exemption may require any person carrying on any activity in pursuance of the exemption —

If any condition of an exemption granted to a class of persons is not complied with by any person of that class, the Authority may give to that person a direction declaring that the exemption is revoked, insofar as it relates to that person, to such extent and from such date as may be specified in the direction.

An exemption order continues in force, unless it is revoked, for such period as may be specified in the order.

In granting an exemption under this section, the Authority must act in a manner so as not to discriminate between members of a particular class.

A gas licence may include such restrictions or conditions (whether or not relating to the activities authorised by the gas licence) as appear to the Authority to be requisite or expedient having regard to the functions and duties of the Authority under section 3.

Without limiting subsection (1), a gas licence may include conditions —

Without limiting subsection (1), a gas transporter’s licence may include conditions —

Without limiting subsection (1), a gas retailer’s licence may include conditions —

Without limiting subsection (1), an onshore receiving facility operator’s licence may include conditions —

Without limiting subsection (1), an LNG terminal operator’s licence may include conditions —

Without limiting subsection (1), a gas importer’s licence may include a condition controlling the quantities of natural gas or liquefied natural gas to be imported.

No gas licence may be transferred without the prior written consent of the Authority.

Any purported transfer of a gas licence is void.

No person may —

Any person who contravenes subsection (1) shall be guilty of an offence.

This section does not apply to a gas transporter, a gas transport agent, or an employee of a gas transporter or gas transport agent.

Any person who wishes to be a licensed gas service worker must apply to the Authority.

An application under subsection (1) must be made in such manner or form as the Authority may determine and must be accompanied by the prescribed fee and such documents and particulars as the Authority may determine.

The Authority may, in its discretion, license a gas service worker either unconditionally or subject to such conditions as it thinks fit, or may refuse to license him or her.

The Authority may at any time vary or revoke any of the existing conditions of a gas service worker licence or impose new conditions or suspend or cancel such licence.

The Authority may license gas service workers under different classes for different types of gas service work.

Any person holding a gas service worker licence granted under section 100 of the Public Utilities Act (Cap. 261, 1996 Revised Edition) in force immediately before 14 February 2008 is, unless the Authority directs otherwise, deemed to be a licensed gas service worker under this Act.

The Authority may modify any condition of any gas licence in accordance with this Part.

The Authority must not modify any condition of a gas licence unless the Authority is satisfied that the modification is requisite or expedient having regard to the functions and duties of the Authority under section 3.

Where the Authority proposes to modify any condition of a gas licence, the Authority must give notice to the gas licensee and other gas licensees likely to be affected by the proposed modification —

Where the Authority receives any written representation under subsection (1), the Authority must consider such representation and may —

Upon the expiry of the period referred to in paragraph (d) of section 15(1) and upon the consideration of any representation received under that paragraph, the Authority may, by issuing a written direction to the gas licensee, modify the condition of the gas licence, and, subject to subsection (2), the modification is effective from such date as the Authority may specify in the direction.

A modification made in accordance with this Part may not be effective earlier than —

If the Authority is satisfied that —

In the case of subsection (1)(c) or (d), the Authority may further require the payment by the gas licensee of a financial penalty, in addition to any sanction imposed under section 19, of an amount not exceeding 10% of the annual turnover of the gas licensee’s licensed gas business ascertained from its latest audited accounts, or an amount not exceeding $1 million, whichever is higher.

It is the duty of a gas transporter —

It is the duty of a gas transporter to avoid undue preference or undue discrimination —

Subject to the provisions of this Act, a gas transporter must, on the request of the owner or occupier of any premises, provide and install a gas service isolation valve, provide and lay a gas service pipe from the relevant gas main to the gas service isolation valve and connect such premises to the relevant gas main.

Where any connection is made under subsection (1), the costs of providing and installing the gas service isolation valve, providing and laying the gas service pipe and making the connection may only be recovered by the gas transporter from the owner or occupier of the premises (as the case may be) to the extent that the costs have not been previously recovered from any other person.

Where any premises have been connected to a relevant gas main under —

Nothing in subsection (1) or (3) requires the gas transporter to connect, or maintain a connection of, a relevant gas main to any premises, if —

If the connection, or the maintenance of the connection, of any premises to a relevant gas main under this section —

The owner or occupier of any premises must grant the gas transporter rights of access to lay, install, maintain, repair, alter or remove any gas service isolation valve or gas service pipe in the premises of the owner or occupier, as the case may be.

Where any person requires a connection to be made under section 22(1), a gas transporter may require the person to give it reasonable security for the payment to it of all costs which may become due to it in respect of the provision and installation of the gas service isolation valve, the provision and laying of the gas service pipe and the making of the connection.

If the person fails to give such security, or the security given has become invalid or insufficient, the gas transporter may refuse to provide and install the gas service isolation valve, provide and lay the gas service pipe or make the connection for so long as the failure or insufficiency continues.

Without affecting section 38, the prices to be charged by a gas transporter and to be paid by gas shippers for the conveyance of gas through a gas pipeline or gas pipeline network owned by, or under the management or control of, the gas transporter must be in accordance with such rates as may be established from time to time by the gas transporter in accordance with the conditions of its gas transporter’s licence.

The prices established by a gas transporter under subsection (1) must be published in such manner as will secure adequate publicity.

In establishing prices under subsection (1), a gas transporter must not show undue preference or exercise undue discrimination as between gas shippers similarly situated and having gas conveyed, or wishing to have gas conveyed, through a gas pipeline or gas pipeline network owned by, or under the management or control of, the gas transporter.

Where, in the opinion of a gas transporter, any tree or vegetation near any part of a gas pipeline, gas pipeline network or gas plant owned by, or under the management or control of, the gas transporter or any internal pipe causes or is likely to cause damage to such pipeline, pipeline network, plant or pipe, the gas transporter may cause the tree or vegetation to be felled, lopped, cleared or dealt with in such manner as will, in its opinion, prevent the damage.

A gas transporter is, in the exercise of its powers under subsection (1), subject to the provisions of the National Parks Board Act 1996 and the Parks and Trees Act 2005.

Where any tree or vegetation which has been felled, lopped, cleared or otherwise dealt with under subsection (1) was in existence before the gas pipeline, gas pipeline network or gas plant was placed, erected or installed, the gas transporter must, subject to subsections (4) and (5), pay to any person adversely affected such sum of money as may be agreed between the gas transporter and the person by way of compensation.

No further compensation may be paid for the felling, lopping or clearing of any tree or vegetation where the action is necessary for the maintenance of a gas pipeline, gas pipeline network or gas plant owned by, or under the management or control of, a gas transporter and the tree or vegetation has grown or has been allowed to grow since the payment of compensation under subsection (3).

No compensation is payable by a gas transporter under subsection (3) in respect of any tree or vegetation within 20 metres of the centre line of any road constructed or maintained by the Government or by any public authority unless it is proved that the tree or vegetation was in existence prior to the construction of the road.

The owner or occupier of any land must, before felling, lopping or clearing any tree or vegetation adjacent to a gas pipeline, gas pipeline network or gas plant owned by, or under the management or control of, a gas transporter, give the gas transporter 14 days’ notice in writing of the intention of the owner or occupier (as the case may be) to do so and must take such reasonable precautions as the gas transporter may require for the protection of such pipeline, pipeline network or plant.

If any such owner or occupier fails to give notice under subsection (6), or having given notice fails to take any such reasonable precautions as the gas transporter may have required, the owner or occupier is liable to pay the gas transporter the reasonable cost and expense incurred by the gas transporter in respect of any damage caused to any such gas pipeline, gas pipeline network or gas plant, subject to the Authority’s approval as to the amount of the cost or expense in the case of any dispute.