Public Utilities Act

In this Act, unless the context otherwise requires —

“apparatus” means any water, electrical or gas apparatus, equipment or accessory and includes all apparatus, machines, consuming devices and fittings in which pipes or conductors are used or of which they form a part;

“authorised officer” means an officer of the Board or of a public licensee authorised by the Board for the purposes of this Act;

“Board” means the Public Utilities Board established under the Public Utilities Act [Cap. 261, 1992 Ed] in force before 1st October 1995 and continued by section 3;

“cable detection work” means any work of detecting or locating any electricity cable;

“cable detection worker” means any person whose trade or occupation requires or includes the personal performance by him of cable detection work;

“cable detection work licence” means a licence granted under section 96;

“Chairman” means the Chairman of the Board and includes any temporary Chairman of the Board;

“Chief Executive” means the Chief Executive of the Board and includes any temporary Chief Executive of the Board;

“conductor” means an electrical conductor arranged to be electrically connected to an electrical system;

“consumer” means a person who is supplied with water, electricity or gas or whose premises are for the time being connected for the purpose of a supply of water, electricity or gas with any system of supply;

“debenture” includes debenture stock;

“Deputy Chairman” means the Deputy Chairman of the Board and includes any temporary Deputy Chairman of the Board;

“earth works” includes any act of excavation, levelling, piling, dredging, boring or tunnelling on or under any premises or street by any mechanical means;

“electric line” means any line which is used for carrying electricity for any purpose and includes, unless the context otherwise requires

“electrical installation” means any appliance, wire, fitting or other apparatus placed in, on, over or under any premises and used for or for purposes incidental to the conveyance, control or use of electricity supplied or intended to be supplied by the Board, a public electricity licensee or any other person, whether the appliance, wire, fitting or apparatus is or is not supplied by the person contracting or undertaking to instal the same, and includes a supply installation and any addition, alteration, and repair to an electrical installation, but does not include

“electrical or supply installation licence” means a licence granted under section 83;

“electrical plant” means any plant, equipment, apparatus or appliance used for, or for purposes connected with, the supply of electricity;

“electrical system” means an electrical system in which all the conductors and apparatus are electrically or magnetically connected;

“electrical worker” means a person who is licensed as such under the Electrical Workers and Contractors Licensing Act [Cap. 89];

“electricity” means electrical power when generated, transmitted, supplied or used for any purpose except the transmission of any communication or signal;

“electricity cable” means a length of insulated single conductor or of 2 or more such conductors, whether or not the conductor or conductors are provided with an overall covering for mechanical protection, and all other apparatus or devices connected thereto;

“gas” means any substance in a gaseous state supplied through pipes and used for cooking or heating purposes, but does not include gas supplied to a public gas licensee and liquefied petroleum gas;

“gas fitting” includes any pipe, fitting, conveyance, valve, regulator or any other device used or to be used for the control and use of gas;

“gas installation” means an arrangement of gas fittings for the utilisation of gas;

“gas main” means any pipe vested in and belonging to and under the control of a public gas licensee and used for the conveyance of gas but does not include a gas service pipe;

“gas plant” means any valve, regulator, plant, pipe, equipment, apparatus or appliance used for, or for purposes connected with, the production, transmission or supply of gas;

“gas service pipe” means the pipe between the gas main of a public gas licensee and a primary meter control for the use of gas on the premises of a consumer;

“gas service work” means any work performed or carried out on any gas installation and includes the designing, installation, construction, erection, repair, addition, alteration or maintenance of any gas installation or any part thereof;

“gas service worker” means any person whose trade or occupation requires or includes the personal performance by him of gas service work;

“gas service worker licence” means a licence granted under section 100;

“gas supply system” means the gas mains, risers, gas service pipes, gas fittings and other related equipment for the purpose of supplying gas to consumers;

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

“generate”, in relation to electricity, means to generate electricity for the purpose of giving a supply to any premises or enabling a supply to be so given;

“generating station” means any plant or building used for, or for purposes connected with, the generation of electricity;

“grievous hurt” and “hurt” have the same meanings as in the Penal Code [Cap. 224];

“hotwork” means any work 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;

“installation”, except for the purposes of Part VIII, includes any plant or apparatus designed for the collection, generation, production, transmission, supply or use of water, electricity or gas;

“licensed”

“main”

“member” means a member of the Board;

“modifications” includes additions, alterations and omissions, and cognate expressions shall be construed accordingly;

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

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

“private safety” means the obviation of danger to individuals or to private property;

“produce”, in relation to gas, means to produce gas for the purpose of giving a supply to any premises or enabling a supply to be so given;

“public electricity licensee” means a person who is authorised by a public licence to carry out all or any of the functions of generating, transmitting or supplying electricity;

“public electricity supplier” means a person who is authorised by a public licence to supply electricity to the public and is designated by the Board under section 40;

“public gas licensee” means a person who is authorised by a public licence to carry out the function of producing, transmitting and supplying gas;

“public licence” means a licence granted under section 38 and “public licensee” shall be construed accordingly;

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

“regulations” means regulations made under this Act;

“securities”, in relation to a company, includes shares, debentures, bonds and other securities of the company, whether or not constituting a charge on the assets of the company;

“service area” means the area within which the holder of an electrical or supply installation licence is authorised by the licence to supply electricity;

“shares”, in relation to a company, means shares in, or stock forming part of, the capital of the company;

“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 shall be deemed to be part of the street;

“subsidiary” has the same meaning as in the Companies Act [Cap. 50];

“successor company” means a company nominated by the Minister under section 61(1);

“supply”

“supply installation” means the whole of any plant or apparatus under one ownership or management, designed for the supply or use, or both the supply and use, as the case may be, of electricity (other than electricity supplied or used for the transmission of any communication or signal) including any machine supplying mechanical energy to a generator, with all necessary plant, buildings and land in connection therewith, pipelines, supply lines and consuming apparatus, if any, but does not include any electric line, supply line or electrical plant of the Board or a public licensee;

“supply line” means a conductor or other means of conveying, transmitting or distributing electricity, together with any casing, coating, covering, tube, pipe, insulator or post enclosing, surrounding or supporting the conductor or any part thereof, or any building or apparatus connected therewith for the purpose of transforming, conveying, transmitting or distributing electricity;

“transmit”

“undertaking”, in relation to the Board, means all lands, buildings, assets, powers, rights, interests, privileges, debts, liabilities and obligations and other property, movable or immovable, vested in or held by the Board immediately before 1st October 1995;

“utilities support services” means the performing of all or any of the following activities in connection with the supply of water, electricity or gas

“utilities support services licensee” means a person who is authorised by a public licence to provide utilities support services;

“water installation” means any water-retaining structure, pumping station, pipe, water fitting, apparatus or appliance used for the supply of water;

“water service installation” means any installation within any premises including any pipe, water fitting, apparatus or appliance, connecting a meter to the premises and used for the supply of water thereto, but does not include any installation for the disposal of any waste, sullage water or sewage;

“water service work” means any work performed or carried out on any water service installation and includes the designing, installing, constructing, erecting or repairing thereof or the altering of the structure thereof or the replacing of any part thereof or the adding of any part thereto or the carrying out of any work thereon for the maintenance thereof;

“water service worker” means any person whose trade or occupation requires or includes the personal performance by him of water service work or a person who is otherwise competent or qualified personally to perform water service work;

“water service worker licence” means a licence granted under section 37(2).

For the purposes of this Act, a company shall be regarded as wholly owned by the Government at any time when all the issued shares in the company are held by or on behalf of the Government.

A special administration order is an order of the Minister made in accordance with section 59 in relation to a company which is a relevant public licensee and directing that, during the period for which the order is in force, the affairs, business and property of the company shall be managed by the Board

The purposes of a special administration order made in relation to any company shall be

The Minister may make regulations for giving effect to this Part, including making provision for applying, omitting or modifying provisions of Part VIIIA of the Companies Act [Cap. 50] where a special administration order is made.

For the purposes of this Part, “relevant public licensee” means any public licensee authorised to generate, transmit or supply electricity and such other public licensee as may be prescribed.

If, on an application made to the Minister by the Board, the Minister is satisfied in relation to any company which is a relevant public licensee that any one or more of the grounds specified in subsection (2) is satisfied in relation to that company, the Minister may make any one or more of the following orders:

The grounds mentioned in subsection (1) are, in relation to any company

Notice of any application under subsection (1) shall be given forthwith by the Board to such persons and in such manner as may be prescribed.

Where a company is a relevant public licensee

The Board shall be a party to any proceedings under the Companies Act relating to the winding up of the affairs of a company which is a relevant public licensee.

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

For the purposes of this section, a company is unable to pay its debts if it is a company which is deemed to be so unable under section 254(2) of the Companies Act [Cap. 50].

The Board may at any time (whether or not the appointment of the person has terminated) fix the remuneration and expenses to be paid by a company which is a relevant public licensee to any person appointed by the Minister under section 59(1)(c) to advise the company in the proper conduct of its business.

Where a special administration order has been made under section 59(1)(a) in relation to a company which is a relevant public licensee, the Board may, at any time, whether or not the order is still in force, fix the remuneration and expenses to be paid by the company to the Board.

Any public licensee aggrieved by

Unless otherwise provided, where an appeal is lodged under this section, the decision, direction or other thing appealed against shall be complied with until the determination of the appeal.

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

The decision of the Minister in any appeal shall be final.

All works, apparatus, fixtures and fittings executed, erected on or affixed to any land or building by the Board shall, subject to subsection (2), continue to remain the property of the Board and shall not vest in the owner of the land or building.

All works, apparatus, fixtures and fittings executed, erected on or affixed to any land or building by, or transferred under section 61 to, any successor company shall be the property of the company and shall not vest in the owner of the land or building.

When any accident causing or resulting in loss of life or hurt to any person or serious damage to property has occurred in connection with any electrical or supply installation, or any other installation, the owner of the premises concerned and the person granted a licence under Part VIII for the installation shall report the accident to the Board by the quickest means available, and subsequently with the least possible delay shall report in writing to the Board the facts of the matter so far as the facts are known.

Any authorised officer shall as soon as practicable after receipt of the first report

In the event of loss of life or grievous hurt to any person due to any accident arising from the use or operation or caused by any electrical or supply installation or other installation, no alteration or addition shall, without the consent of the Board, be made to any part of the installation which may have contributed towards the cause of the accident nor shall any alteration be made without such consent to the site of the accident until investigations have been completed.

Nothing in subsection (3) shall operate to interfere with rescue work or other work necessary for the general safety of life or property.

If upon a preliminary investigation under sub-section (1)

At the conclusion of the inquiry held under subsection (5), a copy of the findings taken at the inquiry together with the opinion of the Board shall be forwarded to the Public Prosecutor.

Any person who, without lawful excuse, contravenes or fails to comply with subsection (1) or (3) shall be guilty of an offence.

Except as expressly provided in this Act, in all cases when compensation, damages, costs or expenses are by this Act directed to be paid, the amount and, if necessary, the apportionment of the amount and any question of liability shall, in case of dispute, be summarily ascertained and determined by a Magistrate’s Court or, if the compensation claimed exceeds the Magistrate’s Court limit, by a District Court.

If the amount of compensation, damages, costs or expenses determined under subsection (1) is not paid by the party liable to pay the same within 7 days after demand, the amount may be reported to a Magistrate’s Court and recovered in the same manner as if it were a fine imposed by a Magistrate’s Court.

An appeal shall lie to the High Court from any decision of a Magistrate’s Court or a District Court under this section, and the provisions of the Criminal Procedure Code shall apply, with the necessary modifications, to all such appeals.

Any police officer or any person authorised in writing by the Chief Executive generally or in any particular case may arrest any person committing within his view or who he has reason to believe has committed any offence punishable under this Act or the regulations if

A person arrested under this section may be detained until his name and address are correctly ascertained.

A person arrested under this section shall not be detained longer than is necessary for bringing him before a court unless the order of a court for his continued detention is obtained.

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

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

The Board may, with the approval of the Minister, make regulations for or in respect of every purpose which is considered by the Board necessary or convenient to be prescribed for carrying out the provisions of this Act.

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

The Board may in making any regulations provide that any person who contravenes or fails to comply with the regulations 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 one year or to both and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part thereof during which the offence continues after conviction.

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

Any scheme, contract, document, licence, permission or resolution prepared, made, granted or approved under the repealed Public Utilities Act [Cap. 261, 1992 Ed] shall, so far as it is not inconsistent with the provisions of this Act, continue and be deemed to have been prepared, made, granted or approved under the corresponding provisions of this Act.

In any written law

The Minister may, by order published in the Gazette, repeal or amend any written law which appears to him to be unnecessary having regard to the provisions of this Act or to be inconsistent with any provision of this Act.

It is hereby declared for the avoidance of doubt that on 1st October 1995, the water undertaking of the former City Council transferred to and vested in the Board under the repealed Public Utilities Act [Cap. 261, 1992 Ed] and not transferred to any successor company under section 61(1) shall continue to be vested in the Board.

In this section —

“water undertaking of the former City Council” means the installations of the Water Department of the City Council and all lands, buildings and other property, movable or immovable, vested in and held by the City Council for the purpose of that Department, including all assets, powers, rights, interests and privileges as well as debts, liabilities and obligations of the City Council in connection therewith or appertaining thereto;

“City Council” means the City Council of Singapore originally incorporated by Indian Act No. 27 of 1857 and incorporated under and by virtue of the Municipal (Elections — Amendment) Ordinance 1948 with the status of a City conferred by Royal Charter dated 24th July 1951, and as constituted under section 6 of the Local Government Ordinance 1957.

Subject to the provisions of this Act, it shall be the function and duty of the Board

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

In addition to the functions and duties imposed by this section, the Board may undertake such other functions as the Minister may assign to the Board and in so doing the Board shall be deemed to be fulfilling the purposes of this Act and the provisions of this Act shall apply to the Board in respect of such functions.

The Board may, notwithstanding the provisions of this Act, continue to generate, produce, transmit or supply electricity or gas until such time as the public licences come into effect.

Without prejudice to the provisions of Part V, the Board may generate, produce, transmit or supply electricity or gas notwithstanding that it has granted a public licence to any person in any of the following circumstances:

Where the Board undertakes the generation, production, transmission or supply of electricity or gas pursuant to subsection (4) or (5), section 2 and the provisions of Parts IV and VII shall apply, with the necessary modifications, to the Board in respect of such generation, production, transmission or supply and the references to the public electricity licensee, public gas licensee, public electricity supplier or a public licensee in those provisions shall be read as references to the Board.

Subject to this Act, the Board may carry on such activities as appear to the Board to be advantageous, necessary or convenient for it to carry on for or in connection with the discharge of its functions and duties under this Act and, in particular, the Board may exercise any of the powers specified in the Second Schedule.

This section shall not be construed as limiting any power of the Board conferred by or under any other written law.

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

The Minister may, after consultation with a person to whom this section applies, give to that person such directions as he thinks fit as to the exercise by that person of its functions under this Act.

Without prejudice to the generality of subsection (1), if it appears to the Minister to be requisite or expedient to do so

Any direction given under subsection (1) or (2) may include provisions for

A person to whom this section applies shall give effect to any direction given to that person under subsection (1) or (2) notwithstanding any other duty imposed on that person by or under this Act.

A person to whom this section applies shall not disclose any direction given to that person under subsection (1) or (2) if the Minister notifies that person that the Minister is of the opinion that the disclosure of the direction is against the public interest.

The Minister may

Any sums required by the Minister for paying compensation or making grants under subsection (6) shall be paid out of the Consolidated Fund.

This section shall apply to the Board and to every public licensee.

If any doubt arises as to the existence of a public emergency or as to whether any act done under this section was in the public interest or in the interests of public security, national defence or relations with the government of another country, a certificate signed by the Minister shall be conclusive evidence of the matters stated therein.

The Board or any person authorised by the Board in that behalf may by notice require any person to furnish to the Board or the person so authorised, within such period as shall be specified in the notice, all such documents or information relating to all such matters as may be required by the Board for the purposes of this Act and as are within the knowledge of that person or in his custody or under his control.

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

Any person who

The Board shall, with the approval of the Minister, appoint a Chief Executive on such terms and conditions as the Board may determine.

The Chief Executive shall

The Minister shall consult the Public Service Commission before granting his approval under subsection (1) or before giving his consent under subsection (2)(c).

If the Chief Executive is temporarily absent from Singapore or temporarily incapacitated by reason of illness or for any other reason temporarily unable to perform his duties, a person may be appointed by the Board to act in the place of the Chief Executive during any such period of absence from duty.

The Board may, from time to time, appoint and employ on such terms and conditions as the Board may determine such officers and employees as may be necessary for the effective performance of its functions.

The Board shall in every financial year cause to be prepared and shall adopt annual estimates of income and expenditure of the Board for the ensuing financial year.

Supplementary estimates may be adopted by the Board at any of its meetings.

A copy of all annual estimates and supplementary estimates shall, upon their adoption by the Board, be sent forthwith to the Minister.

A summary of the annual estimates and supplementary estimates adopted by the Board shall be published in the Gazette.

The Board shall have the exclusive right to the use of such symbol or representation as the Board may select or devise and thereafter display or exhibit in connection with its activities or affairs.

Any person who uses a symbol or representation identical with that of the Board, or which so resembles the symbol or representation thereof as to deceive or cause confusion, or to be likely to deceive or to cause confusion, shall be guilty of an offence.

The prices to be charged for the supply of water by the Board and the hire of apparatus shall be in accordance with such tariffs as may from time to time be prescribed.

Nothing in this section shall prevent the Board from

The Board shall, in fixing tariffs and making agreements for the supply of water, neither show undue preference as between consumers similarly situated nor exercise undue discrimination as between persons similarly situated, having regard to the place and time of supply, the quantity supplied, and the purpose for which the supply is taken.

The tariffs fixed by the Board under section 30(1) of the repealed Public Utilities Act [Cap. 261, 1992 Ed] in respect of a supply of water which are effective immediately before 1st October 1995 shall continue to have effect as though determined by the Board under this section until rescinded, varied or otherwise determined by the Board.

Subject to the provisions of this Act, the Board may supply water to any person who undertakes to enter into an agreement with the Board for the supply of water upon such terms and conditions as the Board may determine.

The Board may require any person who requires a supply of water to accept in respect of the supply

The Board may, in its discretion, refuse to give a supply of water to any building which has been erected in contravention of any written law or which is in a ruinous or dangerous condition.

Subject to this section, the Board may require any person who requires a supply of water to give the Board reasonable security for the payment to it of all moneys which may become due to the Board

Where any person has not given the security mentioned in subsection (1), or the security given by any person has become invalid or insufficient

If any person entitled to a supply of water under any agreement under section 21 makes default in payment of any sum payable by him under the agreement, the Board may discontinue the supply of water by severing or disconnecting any pipe (whether or not belonging to or under the control or management of the Board) or other work through which water is supplied and may, until any sum payable under the agreement together with the expenses incurred by the Board in so discontinuing the supply are fully paid, discontinue the supply of water to that person.

The Board shall not be liable for any loss or damage caused to any person by such discontinuance of the supply of water to the person or to pay compensation in connection therewith.

If, in the opinion of the Board, any person is responsible for the misuse or waste of any water supplied by the Board, the Board may give notice in writing to that person calling upon him to cause the misuse or waste to be discontinued within a period to be specified in the notice and if the misuse or waste continues after the expiry of that period, the Board may discontinue the supply of water to that person by severing or disconnecting the service pipe or by such other means as it thinks fit.

If, at any time after the supply of water to any premises has been discontinued by the Board under this section, it is found that the supply has been reinstated without the authority of the Board and that water is being used by any person on the premises, the occupier of the premises shall be deemed, until the contrary is proved, to have authorised such user and shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and to a further fine not exceeding $250 for every day during which the offence continues after conviction.

Any employee of the Board duly authorised for the purpose of subsection (4) may at all reasonable times enter any premises to which water is or has been supplied by the Board in order to examine and if necessary repair, renew or replace the pipes, meters, fittings, works or apparatus for the supply of water belonging to or which are supplied from mains belonging to the Board and for the purpose of ascertaining the quantity of water consumed or supplied or, when the Board is authorised to discontinue the supply of water from any premises, for the purpose of removing any pipe, fitting, work or apparatus belonging to the Board and repairing any damage caused by such entry, inspection or removal.

Where the Board has discontinued the supply of water to any premises under subsection (3) or in consequence of any default on the part of a consumer, the Board may resume the supply within a reasonable time if the consumer in default

The Board may, for the purposes of this Act, by its employees, agents or contractors, enter at all reasonable hours in the daytime into and upon any building or land for the purpose of making any survey or inspection and for the purpose of executing any work authorised by this Act to be executed by the Board without being liable to pay any person any fee, charge or expense or to any legal proceedings or molestation whatsoever on account of such entry or of anything done in any part of the building or land in pursuance of this Act.

Subject to subsection (3), the Board shall not enter into any dwelling-house in actual occupation, unless with the consent of the occupier thereof, without 6 hours’ previous notice to the occupier.

The Minister may declare that any class of premises for the control and supervision of which regulations may be made under this Act shall be liable to night inspection, and thereupon any employee, agent or contractor in that behalf duly authorised in writing by the Board may, at any time of the day or night and without notice, enter using such force as may be necessary into and search or inspect any premises of the class specified in the declaration.

If the amount of any moneys which is due from any person in respect of the supply of water by the Board to any premises owned or occupied by him or for work done or materials provided in connection therewith, or in respect of the supply or hire by the Board of any water fitting, apparatus, appliance, accessory or appurtenance thereof, is not paid within the time allowed for such payment to be made, a notice may be issued requiring the defaulter to pay the same, together with a fee of such amount as may be prescribed for the cost of issuing the notice, within 7 days from the date thereof.

If such amount and fee are not paid within the period of 7 days, a warrant may be issued by the Board to any employee of the Board named therein, directing him to levy the same and the costs of recovery by seizure and sale of the movable property of the defaulter.

The person to whom any such warrant is addressed may break open in the daytime any house or building for the purpose of seizing property in pursuance of the warrant.

Such fees as may be prescribed shall be payable by way of costs in the case of the issue of a warrant for the recovery of any debts under this section.

The person to whom any such warrant is addressed shall make an inventory of the property seized under the warrant and shall at the same time give notice in writing to the person in possession thereof at the time of seizure that property will be sold.

The property seized by virtue of any such warrant shall be sold by public auction by the person to whom the warrant is addressed or by some other person appointed by the Board at any time after the expiration of 7 days from the date of the seizure, unless in the meantime the amount of the debt and the costs mentioned in the warrant have been paid.

The surplus, if any, accruing from such sale, after deducting the amount of the debt and the costs, shall be paid to the owner of the property so sold.

Any surplus remaining unclaimed for a period of 12 months from the date of the sale shall be paid to the credit of the Board’s fund and no person thereafter shall be entitled to demand and receive it.

The Board may, in cases of emergency, fire, excessive drought, repairs to mains, or at any time in connection with the construction of new works, alterations to or maintenance of existing works, or the installation, changing or removal of meters, stop, turn off or divert in part or wholly the water in any mains or other works under its control or management, notwithstanding any agreement made with any person for the supply of water.

The Board shall not be liable in respect of any injury, loss or damage suffered by any person by reason of

The Board may, by its employees, agents or contractors, enter upon any premises adjoining to or being within the distance of 92 metres of any works by this Act authorised to be made, for the purpose of depositing upon those premises any soil, gravel, sand, lime, brick, stone or other materials or for any other purposes connected with those works without making any previous payment, tender or deposit and doing as little damage as possible in the exercise of the powers hereby granted and making compensation for such temporary occupation or temporary damage of or to the premises to the owner and the occupier thereof from time to time and as often as any such temporary occupation is taken or any such temporary damage is done and making compensation to the owner also for any permanent injury to the land.

If any dispute arises concerning the amount or apportionment of such compensation, it shall be settled in the manner provided by section 125.

Before the Board makes any temporary use under subsection (1) of the premises adjoining or lying near to the works, it shall give 7 days’ notice in writing of its intention to the owners and the occupiers of the premises and shall set apart by sufficient fences so much of the premises as is required to be used from the other premises adjoining thereto.

Whenever any pipe or other apparatus placed in or upon any premises for the use or supply of water to the occupier of the premises becomes obstructed or in any way damaged so as to cause a waste of water, the occupier shall, immediately on the same coming to his knowledge, give notice thereof to the Board.

Any such occupier who neglects to give such notice after acquiring such knowledge shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000, and the supply may be summarily discontinued by the order of the Board until the necessary repairs are effected.

Where the Government considers it necessary for water supply to be provided in any area, whether for domestic or non-domestic purposes, and where the Board considers it uneconomical to provide the supply without a contribution from the Government, the Government may make such contribution towards the capital outlay necessary to provide the supply as may be estimated by the Board and agreed by the Government.

Where the owner of any land proposes to erect thereon buildings for which water supply will be needed, whether for domestic or non-domestic purposes, and it is uneconomical for the Board to provide the supply, the Board may require the owner to make such contribution towards the capital outlay necessary to provide the supply as may be estimated by the Board and agreed by the owner.

A supply of water for domestic purposes shall not include a supply of water

The Board in executing any works directed or authorised to be made shall provide and make a sufficient number of convenient ways, watercourses, drains and channels in the place of such as are interrupted, damaged or rendered useless by reason of the execution of the works.

The Board shall make reasonable compensation to any person who suffers damage by reason of the same, the amount of the compensation in case of dispute to be ascertained and determined in the manner provided by section 125.

Subject to subsection (3), no person other than an employee of the Board shall

The Board may

The Board may from time to time, by notification in the Gazette, specify any water service work which may be carried out by any person without a water service worker licence granted under this section.

Any person who contravenes subsection (1)(a) or (b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.

Where an offence is committed under this section by any person who is the agent, employee or sub-contractor of another person, that other person shall be liable under this section in the same manner and to the same extent as if he had personally committed the offence unless he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of the offence.

No person shall

Every public licence granted under this section shall be in such form and for such period and may contain such terms and conditions as the Board may determine.

The Board may, with the consent of or in accordance with the terms of a general authority given by the Minister, grant a public licence, either unconditionally or subject to such conditions as the Board may impose and specify in the licence and either irrevocably or subject to revocation as therein specified, authorising any person

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

Conditions included in a public licence may contain

Any provision included by virtue of subsection (5)(c) in a public licence shall have effect in addition to the provision made by this Part with respect to the modification of the conditions of a public licence.

Any fee required by subsection (4)(c) to be paid to the Board may be recovered by it in any court of competent jurisdiction as if it were a simple contract debt.

No person shall question whether the grant of a public licence under this section was, or was not, effected with the consent of or in accordance with the terms of a general authority given by the Minister, and the validity of a public licence granted under this section shall not be impugned on the ground that it was granted neither with the consent of nor in accordance with the terms of a general authority given by the Minister.

The grant and renewal of public licences under this section shall be at the discretion of the Board.

Nothing in this section shall

Any person who is aggrieved by a refusal of the Board to grant a public licence may, within 14 days of the refusal, appeal to the Minister whose decision shall be final.

No public licence shall be transferable to any other person without the prior consent in writing of the Board to the transfer to that person.

Any purported transfer of any public licence shall for all purposes be void and of no effect.

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

Before making any modification to the conditions of a public licence under this section, the Board shall give notice to the public licensee concerned and other interested public licensees

Upon receipt of any written representation referred to in subsection (2)(b), the Board shall consider such representation and may

Any public licensee who is aggrieved by the decision of the Board under subsection (3) may, within 14 days of the receipt by it of the direction, appeal to the Minister whose decision shall be final.

The Board shall not enforce a direction given under subsection (3)(b)

If no written representation is received by the Board within the time specified in subsection (2) or if any written representation made under that subsection is subsequently withdrawn, the Board may forthwith carry out the modification as specified in the notice given under that subsection.

If the Board is satisfied that

Any person who is aggrieved by any decision of the Board under this section may, within 14 days after the person has been given the notice in writing referred to in subsection (1), appeal to the Minister whose decision shall be final.

The Board may issue or approve and from time to time review codes of practice and other standards of performance in connection with the generation, production, transmission or supply of electricity or gas or the provision of utilities support services.

If any provision in any code of practice or other standard of performance issued or approved by the Board is inconsistent with the regulations, such provision shall, to the extent of the inconsistency, either have effect subject to such regulations or, where appropriate, having regard to such regulations, shall not have effect.

The Board may in any public licence exempt any public licensee from any provision in any code of practice or other standard of performance issued or approved by the Board generally or for such time as the Board may specify.

The Board may give directions for or with respect to standards of performance and procedures to be observed by public licensees and other persons

Any person who fails to comply with any direction given under this section shall be guilty of an offence.

Every public licensee shall comply with the codes of practice and other standards of performance issued or approved under section 43 and directions given under section 44 in connection with the generation, production, transmission or supply of electricity and gas.

No public licensee shall allow to be generated, produced, transmitted or supplied electricity or gas otherwise than in accordance with any standards specified in the conditions of its public licence, the regulations, any code of practice or other standard of performance issued or approved, or directions given, by the Board.

Notwithstanding the grant of any public licence, the Board shall not be liable in any circumstances for any loss, damage or costs sustained by any person as a result of any default, negligence, breach or other wrongful act or omission of any public licensee or any agent or employee of the licensee.

The Board shall not be liable in respect of any injury, loss or damage suffered by any person by reason of

It shall be the duty of a public electricity licensee authorised to generate electricity to develop and maintain a reliable, efficient, co-ordinated and economical system of electricity generation in accordance with such codes of practice or other standards of performance as may be issued or approved by the Board under section 43.

It shall be the duty of a public electricity licensee authorised to transmit electricity

It shall be the duty of a public electricity supplier to develop and maintain a reliable, efficient, co-ordinated and economical service to consumers in accordance with such codes of practice or other standards of performance as may be issued or approved by the Board under section 43.

A utilities support services licensee shall comply with such codes of practice or other standards of performance as may be issued or approved by the Board under section 43.

Subject to this Part and the regulations, a public electricity supplier shall, upon being requested to do so by any person who desires electricity to be supplied to any premises

In this Part, any reference to

Nothing in section 48 shall be taken as requiring a public electricity supplier to procure a supply of electricity to any premises if

Nothing in section 48 shall be taken as requiring a public electricity supplier to procure a supply of electricity to any premises if the supply is being given to the premises by a private electricity supplier through (wholly or partly) a public licensee’s electric line and electrical plant.

Where such premises shall cease for any reason to be supplied in the manner specified in subsection (2), the public electricity supplier shall be obliged to procure a supply of electricity to such premises under section 48 if so requested by any person requiring such a supply to such premises.

In this section, “private electricity supplier” means a person, other than a public electricity supplier, who is authorised by a public licence to supply electricity.

Subject to this section and section 54, the prices to be charged by a public electricity supplier and a public gas licensee and to be paid by consumers for the supply of electricity or gas shall be in accordance with such tariffs as may be fixed from time to time by the supplier or licensee in accordance with the conditions of its public licence and with the approval of the Board.

A tariff fixed by a public electricity supplier or a public gas licensee under subsection (1) shall be published in such manner as will secure adequate publicity for it.

In fixing tariffs under subsection (1), a public electricity supplier or a public gas licensee shall neither show undue preference as between consumers similarly situated nor exercise undue discrimination as between persons similarly situated, having regard to the place and time of supply and the quantity supplied.

Nothing in this section shall prevent a public electricity supplier or a public gas licensee from fixing different tariffs for consumers similarly situated for such temporary period as may be approved by the Board.

Until such time when tariffs are fixed by a public electricity supplier or a public gas licensee under subsection (1), any tariff fixed under section 30(1) of the repealed Public Utilities Act [Cap. 261, 1992 Ed] in respect of a supply of electricity or gas which is effective immediately before 1st October 1995 shall have effect as if fixed under subsection (1); and the provisions of this Part and Part VII shall apply accordingly.

Where any main, building, land, electrical plant or gas plant is procured to be provided by a public electricity supplier or provided by a public gas licensee, the supplier or licensee may require any expenses reasonably incurred in procuring it or providing it, as the case may be, to be defrayed by any person requiring the supply of electricity or gas to such extent as is reasonable in all the circumstances.

The Minister may, after consultation with the Board, make provision by regulations for entitling a public electricity supplier or a public gas licensee to require any person requiring a supply of electricity or gas to pay to the supplier or licensee, in respect of any expenses reasonably incurred in providing or procuring the provision of any main, building, land, electrical plant or gas plant for the purpose of giving that supply, such amount as may be reasonable in all the circumstances.

Subject to this section, a public electricity supplier or a public gas licensee may require any person who requires a supply of electricity or gas to give it reasonable security for the payment to it of all money which may become due to it in respect of

Where any person has not given the security mentioned in subsection (1), or the security given by any person has become invalid or insufficient

Notwithstanding anything in sections 48 to 53, a person who requires a supply of electricity under section 48 may enter into a special agreement with a public electricity supplier for the supply on such terms as may be specified in the agreement in any case where the maximum power to be made available to the person at any time exceeds such wattage as may be determined and notified by the Board in the Gazette.

So long as any agreement mentioned in subsection (1) is effective, the rights and liabilities of the parties to the agreement shall be those arising under the agreement and not those provided for by sections 48 to 53.

Any dispute arising between a consumer and a public electricity supplier on whether a supply should be given to that consumer

Notwithstanding that a dispute between a consumer and a public electricity supplier has been referred to the Board, the supplier shall, subject to section 49, procure a supply of electricity to the consumer until the dispute is determined by the Board.

In respect of any generating station, the Board may give a direction requiring the public licensee who operates it

In respect of any generating station, the Board may give a direction

In this section, “specified” means specified by or under the Board’s direction; and a direction may

A direction under subsection (1) or (2) which confers on any person the function of specifying anything falling to be specified under the direction may require that person to exercise that function in such manner as may be specified by the direction.

The Board shall, at such premises and in such form as it may determine, maintain a register for the purposes of this Part.