Clause 1
This Act is the Energy (Resilience Measures and Miscellaneous Amendments) Act 2021 and comes into operation on a date that the Minister appoints by notification in the Gazette.
/akn/sg/act/bill/2021/34
Energy (Resilience Measures and Miscellaneous Amendments) Bill
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Clause 2
(2)
Subject to subsection (3), the Authority may raise loans by
(a)
mortgage, overdraft or other means, with or without security;
(b)
charge, whether legal or equitable, on any property vested in the Authority or on any other revenue receivable by the Authority under this Act or any other written law; or(c)the creation and issue of debentures or bonds, or such other instrument as the Minister may approve.
(3)
The Authority may raise loans under subsection (2)
(a)
from the Government; or(b)with the approval of the Minister, from another source, whether in or outside Singapore.
(4)
For the purposes of this section, the power to raise loans includes the power to enter into any financial agreement or arrangement under which credit facilities are granted to the Authority for the purchase of goods or services.”; and
(1)
The Authority cannot raise loans for the performance of its functions under this Act or any other Act administered by the Authority except in accordance with this section.
Clause 3
Subclause
“(2) For the purposes of this Act, where a transmission licensee uses any generating unit (including any energy storage system) for, or for purposes connected with, its transmission of electricity, then, despite any production of electricity from the generating unit for, or for purposes connected with, its transmission of electricity, the transmission licensee is not regarded as generating electricity to the extent of that use.”;
Subclause
“(1A) The requirement of an electricity licence in subsection (1) for a person that engages in the generation or transmission of electricity, imports or exports electricity, or trades in any wholesale electricity market, does not apply to the Authority.”;
Subclause
“(2A) A code of practice issued or approved under this section may require the reduction of any emission of any greenhouse gas in the generation, transmission, import, export or supply of electricity, whether through importing from any source, or the use of any resource, methodology or technology, or the imposition of any emission standard, or otherwise.”;
Subclause
“(11) This section (except subsection (1)(c)) applies to any infrastructure (including cable pipe‑blocks and tunnels) housing or intended to house any transmission electricity cable, as it applies to any high voltage electricity cable which belongs to or which is under the management or control of an electricity licensee, and for this purpose, a reference to an electricity licensee in this section is a reference to the person to whom the infrastructure belongs or that manages or controls the infrastructure.
(12)
In this section, “transmission electricity cable” means an electricity cable used for the transmission of electricity at 66 kilovolts or higher.”;
Subclause
“(7) This section applies to any infrastructure (including cable pipe‑blocks and tunnels) housing or intended to house any transmission electricity cable, as it applies to any electrical plant or electricity cable which is part of a transmission system that belongs to or that is under the management or control of an electricity licensee.
(8)
In this section, “transmission electricity cable” has the meaning given by section 80(12).”;
(2)
Where E has provided the Market Company, a transmission licensee or a market support services licensee any payment security or other security deposit in respect of services provided to E by the Market Company or licensee (as the case may be), the Market Company or licensee may, despite section 133 of the Insolvency, Restructuring and Dissolution Act 2018, draw down on the payment security or other security deposit for any services provided by it to E and that are not paid.
(3)
Subsection (2) does not affect the applicability or otherwise of any other provision of the Insolvency, Restructuring and Dissolution Act 2018 (including section 219 of that Act), or any other written law or rule of law relating to insolvency.”; and
(2)
The material mentioned in subsection (1) may be material issued by the Authority, or material issued by any standards setting organisation, or other organisation or person.
(3)
Any material applied, adopted or incorporated by reference in the regulations under subsection (1) is to be treated for all purposes as forming part of the regulations.
(4)
Unless otherwise provided in the regulations, where the material is applied, adopted or incorporated by reference as in force or published from time to time, every amendment to the material that is made by the organisation or person that issued the material is to be treated as being a part of those regulations.
(5)
Where any material is applied, adopted or incorporated by reference in any provision of any regulations, the Authority must give notice in the Gazette stating
(a)
that the material is applied, adopted or incorporated in the regulations, and the date from which the material is so applied, adopted or incorporated;
(b)
that the material is available for inspection, free of charge, and the place at which such material may be inspected;
(c)
that copies of the material can be purchased, and the place where the material can be purchased; and(d)if copies of the material are available in other ways, the details of where or how the material can be accessed or obtained.
(6)
In addition, the Authority must cause a copy of every material applied, adopted or incorporated by reference in the regulations under subsection (1), to be made available for inspection by members of the public without charge at any of its offices during normal office hours.
(7)
To avoid doubt, any part of the material that is not applied, adopted or incorporated by reference in the regulations under subsection (1) has no legislative effect.
(2)
The Authority may consult with such person as the Authority thinks fit for the purpose of preparing any advisory guidelines under subsection (1).
(3)
The advisory guidelines may
(a)
be of general or specific application; or(b)specify that different provisions of the advisory guidelines apply to different circumstances, or are applicable to different persons or classes of persons.
(4)
The Authority may amend or revoke the whole or part of any advisory guidelines issued under subsection (1).
(5)
Advisory guidelines issued or amended under this section do not have any legislative effect.
(6)
Where, in any administrative proceedings commenced in connection with this Act, any provision in this Act to which any advisory guidelines issued under subsection (1) relate is alleged to have been contravened, then
(a)
compliance with such guidelines; or(b)a contravention of or failure to comply with, whether by act or omission, such guidelines,may be relied upon by any party to those proceedings as tending to negative or establish the contravention which is in question in those proceedings.”.
(1)
This section applies where a winding up order has been made or a provisional liquidator has been appointed under the Insolvency, Restructuring and Dissolution Act 2018 in respect of an electricity licensee or an entity wholly‑owned by the Authority (each called in this section E) that is a market participant.
(1)
The regulations made under this Act may apply, adopt or incorporate by reference
(a)
wholly or partially;
(b)
with or without any addition, omission or substitution; or(c)specifically or by reference,any code of practice, standard, requirement, specification or other document that relates to any subject matter of any regulations made under this Act (called in this section the material), as in force or published at a particular time or as in force or published from time to time.
(1)
The Authority may issue advisory guidelines for the purposes of providing practical guidance or certainty in respect of any one or more requirements imposed by or under this Act.
Clause 103B
(1)
The Authority may issue advisory guidelines for the purposes of providing practical guidance or certainty in respect of any one or more requirements imposed by or under this Act.
(2)
The Authority may consult with such person as the Authority thinks fit for the purpose of preparing any advisory guidelines under subsection (1).
(3)
The advisory guidelines may
(a)
be of general or specific application; or(b)specify that different provisions of the advisory guidelines apply to different circumstances, or are applicable to different persons or classes of persons.
(4)
The Authority may amend or revoke the whole or part of any advisory guidelines issued under subsection (1).
(5)
Advisory guidelines issued or amended under this section do not have any legislative effect.
(6)
Where, in any administrative proceedings commenced in connection with this Act, any provision in this Act to which any advisory guidelines issued under subsection (1) relate is alleged to have been contravened, then
(a)
compliance with such guidelines; or(b)a contravention of or failure to comply with, whether by act or omission, such guidelines,may be relied upon by any party to those proceedings as tending to negative or establish the contravention which is in question in those proceedings.”.
Clause 4
Subclause
“(4) The gas transporter must
(a)
establish and implement a programme for regular and periodic inspections of any part of a gas installation or any part of a gas service pipe linking a gas service isolation valve to the gas installation, and provide in the programme, in relation to each such inspection, whether this is the responsibility of the gas transporter or a person prescribed under subsection (3);
(b)
where any inspection is the responsibility of any person prescribed under subsection (3), notify the person of the person’s responsibility to ensure that the inspection is carried out; and(c)where any maintenance, repair or renewal is necessary following any inspection by the gas transporter or the person notified under paragraph (b), require the person to be responsible for ensuring that the maintenance, repair or renewal is carried out.
(5)
Where any person prescribed under subsection (3) is responsible under subsection (4)(b) or (c) for ensuring that any inspection, maintenance, repair or renewal is carried out, the inspection, maintenance, repair or renewal is to be carried out at the expense of the person.
(6)
Any person prescribed under subsection (3) who fails to carry out the person’s responsibility under subsection (4)(b) or (c) shall be guilty of an offence.”;
Subclause
“(10) This section applies to any infrastructure (including valve chambers, pipe jacking sleeves, concrete casings and rock armour) housing or intended to house any gas transmission pipeline, as it applies to any gas plant or gas pipe in a gas pipeline network owned by, or under the management or control of, a gas transporter, and for this purpose, a reference to a gas transporter in this section is a reference to the person to whom the infrastructure belongs or that manages or controls the infrastructure.”;
Subclause
“(7) This section applies to any infrastructure (including valve chambers, pipe jacking sleeves, concrete casings and rock armour) housing or intended to house any gas transmission pipeline, as it applies to any gas plant or gas pipe which is part of a gas pipeline network owned by, or under the management or control of, a gas licensee.”;
(2)
The material mentioned in subsection (1) may be material issued by the Authority, or material issued by any standards setting organisation, or other organisation or person.
(3)
Any material applied, adopted or incorporated by reference in the regulations under subsection (1) is to be treated for all purposes as forming part of the regulations.
(4)
Unless otherwise provided in the regulations, where the material is applied, adopted or incorporated by reference as in force or published from time to time, every amendment to the material that is made by the organisation or person that issued the material is to be treated as being a part of those regulations.
(5)
Where any material is applied, adopted or incorporated by reference in any provision of any regulations, the Authority must give notice in the Gazette stating
(a)
that the material is applied, adopted or incorporated in the regulations, and the date from which the material is so applied, adopted or incorporated;
(b)
that the material is available for inspection, free of charge, and the place at which such material may be inspected;
(c)
that copies of the material can be purchased, and the place where the material can be purchased; and(d)if copies of the material are available in other ways, the details of where or how the material can be accessed or obtained.
(6)
In addition, the Authority must cause a copy of every material applied, adopted or incorporated by reference in the regulations under subsection (1), to be made available for inspection by members of the public without charge at any of its offices during normal office hours.
(7)
To avoid doubt, any part of the material that is not applied, adopted or incorporated by reference in the regulations under subsection (1) has no legislative effect.
(2)
The Authority may consult with such person as the Authority thinks fit for the purpose of preparing any advisory guidelines under subsection (1).
(3)
The advisory guidelines may
(a)
be of general or specific application; or(b)specify that different provisions of the advisory guidelines apply to different circumstances, or are applicable to different persons or classes of persons.
(4)
The Authority may amend or revoke the whole or part of any advisory guidelines issued under subsection (1).
(5)
Advisory guidelines issued or amended under this section do not have any legislative effect.
(6)
Where, in any administrative proceedings commenced in connection with this Act, any provision in this Act to which any advisory guidelines issued under subsection (1) relate is alleged to have been contravened, then
(a)
compliance with such guidelines; or(b)a contravention of or failure to comply with, whether by act or omission, such guidelines,may be relied upon by any party to those proceedings as tending to negative or establish the contravention which is in question in those proceedings.”.
(1)
The regulations made under this Act may apply, adopt or incorporate by reference
(a)
wholly or partially;
(b)
with or without any addition, omission or substitution; or(c)specifically or by reference,any code of practice, standard, requirement, specification or other document that relates to any subject matter of any regulations made under this Act (called in this section the material), as in force or published at a particular time or as in force or published from time to time.
(1)
The Authority may issue advisory guidelines for the purposes of providing practical guidance or certainty in respect of any one or more requirements imposed by or under this Act.
Clause 96B
(1)
The Authority may issue advisory guidelines for the purposes of providing practical guidance or certainty in respect of any one or more requirements imposed by or under this Act.
(2)
The Authority may consult with such person as the Authority thinks fit for the purpose of preparing any advisory guidelines under subsection (1).
(3)
The advisory guidelines may
(a)
be of general or specific application; or(b)specify that different provisions of the advisory guidelines apply to different circumstances, or are applicable to different persons or classes of persons.
(4)
The Authority may amend or revoke the whole or part of any advisory guidelines issued under subsection (1).
(5)
Advisory guidelines issued or amended under this section do not have any legislative effect.
(6)
Where, in any administrative proceedings commenced in connection with this Act, any provision in this Act to which any advisory guidelines issued under subsection (1) relate is alleged to have been contravened, then
(a)
compliance with such guidelines; or(b)a contravention of or failure to comply with, whether by act or omission, such guidelines,may be relied upon by any party to those proceedings as tending to negative or establish the contravention which is in question in those proceedings.”.
Clause 5
(2)
The material mentioned in subsection (1) may be material issued by the Authority, or material issued by any standards setting organisation, or other organisation or person.
(3)
Any material applied, adopted or incorporated by reference in the regulations under subsection (1) is to be treated for all purposes as forming part of the regulations.
(4)
Unless otherwise provided in the regulations, where the material is applied, adopted or incorporated by reference as in force or published from time to time, every amendment to the material that is made by the organisation or person that issued the material is to be treated as being a part of those regulations.
(5)
Where any material is applied, adopted or incorporated by reference in any provision of any regulations, the Authority must give notice in the Gazette stating
(a)
that the material is applied, adopted or incorporated in the regulations, and the date from which the material is so applied, adopted or incorporated;
(b)
that the material is available for inspection, free of charge, and the place at which such material may be inspected;
(c)
that copies of the material can be purchased, and the place where the material can be purchased; and(d)if copies of the material are available in other ways, the details of where or how the material can be accessed or obtained.
(6)
In addition, the Authority must cause a copy of every material applied, adopted or incorporated by reference in the regulations under subsection (1), to be made available for inspection by members of the public without charge at any of its offices during normal office hours.
(7)
To avoid doubt, any part of the material that is not applied, adopted or incorporated by reference in the regulations under subsection (1) has no legislative effect.
(2)
The Authority may consult with such person as the Authority thinks fit for the purpose of preparing any advisory guidelines under subsection (1).
(3)
The advisory guidelines may
(a)
be of general or specific application; or(b)specify that different provisions of the advisory guidelines apply to different circumstances, or are applicable to different persons or classes of persons.
(4)
The Authority may amend or revoke the whole or part of any advisory guidelines issued under subsection (1).
(5)
Advisory guidelines issued or amended under this section do not have any legislative effect.
(6)
Where, in any administrative proceedings commenced in connection with this Act, any provision in this Act to which any advisory guidelines issued under subsection (1) relate is alleged to have been contravened, then
(a)
compliance with such guidelines; or(b)a contravention of or failure to comply with, whether by act or omission, such guidelines,may be relied upon by any party to those proceedings as tending to negative or establish the contravention which is in question in those proceedings.”.
(1)
The regulations made under this Act may apply, adopt or incorporate by reference
(a)
wholly or partially;
(b)
with or without any addition, omission or substitution; or(c)specifically or by reference,any code of practice, standard, requirement, specification or other document that relates to any subject matter of any regulations made under this Act (called in this section the material), as in force or published at a particular time or as in force or published from time to time.
(1)
The Authority may issue advisory guidelines for the purposes of providing practical guidance or certainty in respect of any one or more requirements imposed by or under this Act.
Clause 47
(1)
The Authority may issue advisory guidelines for the purposes of providing practical guidance or certainty in respect of any one or more requirements imposed by or under this Act.
(2)
The Authority may consult with such person as the Authority thinks fit for the purpose of preparing any advisory guidelines under subsection (1).
(3)
The advisory guidelines may
(a)
be of general or specific application; or(b)specify that different provisions of the advisory guidelines apply to different circumstances, or are applicable to different persons or classes of persons.
(4)
The Authority may amend or revoke the whole or part of any advisory guidelines issued under subsection (1).
(5)
Advisory guidelines issued or amended under this section do not have any legislative effect.
(6)
Where, in any administrative proceedings commenced in connection with this Act, any provision in this Act to which any advisory guidelines issued under subsection (1) relate is alleged to have been contravened, then
(a)
compliance with such guidelines; or(b)a contravention of or failure to comply with, whether by act or omission, such guidelines,may be relied upon by any party to those proceedings as tending to negative or establish the contravention which is in question in those proceedings.”.