Works by electricity licensee
Open ↗31.—(1) Subject to the provisions of this Act, a generation licensee, market support services licensee or transmission licensee may, for any purpose connected with the carrying on of the activities authorised by or required under its electricity licence —(a)
install under, over, in, on, along or across any land, premises, street or bridge and from time to time inspect, maintain, adjust, repair, alter, replace or remove —(i)
any electric line or electrical plant;
(ii)
any structure for housing or covering any such line or plant; and
(iii)
any meter, switch and any other suitable and proper apparatus, for the purpose of leading off service lines and other distributing conductors or of examining, testing, measuring, directing or controlling the supply of electricity or of testing the conditions of the mains and other portions of the works; and
(b)
execute any work requisite for or incidental to the purposes of any work falling within paragraph (a), including for those purposes —(i)
excavating any land, street or drain;
(ii)
tunnelling or boring under any land, street, sewer or drain;
(iii)
removing or using all earth and materials in or under any land, street, sewer or drain;
(iv)
erecting, placing or installing equipment, apparatus and other electrical plant in or under any land, building, street or bridge; and
(v)
erecting, placing or installing poles on any land or street.[18/2006]
(2) A licensee referred to in subsection (1) must obtain the written approval of the Authority —(a)
before issuing a notice under subsection (7); or
(b)
in the case of an emergency specified in subsection (7), before carrying out any work,
if the work to be carried out under this section is in relation to any matter specified in subsection (1)(a)(i), (ii) or (iii) which is owned or operated by another electricity licensee.
[18/2006]
(3) The right of a licensee to carry out any work in accordance with this section has effect despite any agreement which prohibits the carrying out of the work.[18/2006]
(4) All such works, including the upper surface or covering thereof, must be constructed of such materials and maintained by the licensee referred to in subsection (1) in such manner as not to be a source of danger, whether by reason of inequality of surface or otherwise; and when such licensee lays any electric line that is liable to touch any main, pipe, line or other service, the conducting portion of the electric line must be effectually insulated.[18/2006]
(5) The licensee referred to in subsection (1) must pay compensation to any person who suffers any damage or loss of value to the person’s property as a result of any work performed by the licensee under subsection (1) of such amount as may be agreed between the licensee and the person, and such compensation may include an annual payment for the use of any land or immovable property for the licensee’s purpose.[18/2006]
(6) The licensee referred to in subsection (1) does not acquire any right other than that of a user only in respect of any land or property under, over, in, on, along or across which the licensee installs any electric line or electrical plant or executes any work under this section.[18/2006]
(7) Except in the case of an emergency arising from any fault in any electric line or electrical plant, the licensee referred to in subsection (1) must, before entering any land for the purpose specified in subsection (1), give 14 days’ written notice to the owner or occupier of the land, stating as fully and accurately as possible the nature and extent of the work to be carried out.[18/2006]
(8) Subject to subsection (9), the owner or occupier of the land who is given a notice under subsection (7) must comply with the notice and do all things necessary to facilitate the carrying out of the work specified in the notice.[18/2006]
(9) The owner or occupier of the land may, within 14 days of the receipt of the notice referred to in subsection (7), lodge a written objection with the Authority and the Authority must specify the date by which an inquiry into such objection must be made.
(10) If no objection is lodged within the period specified in subsection (9), the licensee may enter on the land and do all or any of the works specified in the notice.[18/2006]
(11) Where an objection lodged under subsection (9) is not withdrawn before the date fixed for an inquiry into the matter under that subsection, the Authority must hold an inquiry, giving each party an opportunity to be heard.
(12) Upon the conclusion of the inquiry, the Authority may authorise, either unconditionally or subject to such terms, conditions and stipulations as it thinks fit, the carrying out of any of the works specified in the notice given under subsection (7).[18/2006]
(13) The decision of the Authority under subsections (2) and (12) is final.[18/2006]
(14) The licensee referred to in subsection (1) must do as little damage as possible in the exercise of the powers conferred by subsection (1) and must, as soon as practicable, make good any damage done in the exercise of those powers.[18/2006]
(15) Where any dispute arises as to whether a licensee referred to in subsection (1) has sufficiently made good any damage done in the exercise of the powers conferred by subsection (1), the dispute —(a)
may be referred to the Authority by either party; and
(b)
on such a reference, is to be determined by the Authority whose decision is final and conclusive between the parties.[18/2006]
(16) A licensee referred to in subsection (1) must exercise the powers conferred by subsection (1) in such manner as will secure that nothing which it installs or keeps installed under, over, in, on, along or across any premises, street or bridge becomes a source of danger to the public.[18/2006]
(17) A licensee referred to in subsection (1) is not, when exercising the powers conferred by subsection (1), liable for or required to pay any person any fee, charge or expense for the right to enter or use any land or premises.[18/2006]
(18) A licensee referred to in subsection (1) must not, without the written approval of a Government authority or statutory authority, enter or use any land or premises belonging to the Government authority or statutory authority for the purpose of exercising the powers conferred by subsection (1).[18/2006]
Power to fell trees, etc.
Open ↗32.—(1) Where, in the opinion of an electricity licensee, there is at any time danger or suspected danger that any tree or vegetation near the licensee’s installation or plant may obstruct or interfere with the supply of electricity or cause damage to such installation or plant, the licensee may cause the tree or vegetation to be felled or dealt with in any other manner that will, in its opinion, avert the danger.
(2) An electricity licensee 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.
(3) Where any tree or vegetation, which has been felled or dealt with under subsection (1), was in existence before the electricity licensee’s installation or plant was placed, erected or installed, the licensee must, subject to subsections (4) and (5), pay to any person adversely affected such sum as may be agreed between the licensee and the person, or in the absence of agreement, such sum as may be determined by the Authority.
(4) 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 an electricity licensee’s installation or plant and the tree or vegetation has grown or has been allowed to grow since the payment of compensation under subsection (3).
(5) No compensation is payable by an electricity licensee 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.
(6) Where the owner or occupier of any land fells, lops or clears any tree or vegetation adjacent to an electricity licensee’s installation or plant, the owner or occupier must give the licensee 14 days’ written notice of the intention of the owner or occupier to do so and must take such reasonable precautions as the licensee may require for the protection of such installation or plant.
(7) 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 electricity licensee may have required, such owner or occupier is liable to pay the licensee any cost and expense incurred by the licensee for any damage caused to any such installation or plant, subject to the Authority’s approval in the case of any dispute.
(8) If any tree or vegetation is felled, lopped or cleared upon land adjacent to an electricity licensee’s installation or plant, it is presumed until the contrary is proved that the tree or vegetation was felled, lopped or cleared by the owner or occupier of the land or by the employees or agents of the owner or occupier acting as such.
Entry upon premises by electricity licensee for purposes of exploration
Open ↗33.—(1) Subject to this section and without prejudice to any other right of entry, a person authorised in writing by a transmission licensee or market support services licensee may, at any reasonable time, enter upon and survey any premises for the purpose of ascertaining whether the premises would be suitable for use for any purpose connected with the carrying on of the activities which the licensee is authorised by its electricity licence to carry on.
(2) A person authorised to enter upon any premises under this section must not demand to do so as of right unless —(a)
7 days’ notice of the intended entry has been given to the occupier; and
(b)
if required to do so, the person has produced evidence of the person’s authority.
(3) The power to survey premises conferred by this section includes the power to search and bore for the purposes of ascertaining the nature of the subsoil, but works may not be carried out on the premises for this purpose unless —(a)
notice of the proposed works is included in the notice given under subsection (2); and
(b)
where premises are held by any statutory authority which objects to the works on the ground that the carrying out of the works would be seriously detrimental to the carrying on of its undertaking, the Minister gives his or her approval.
(4) Where any person exercises any power conferred by this section, the licensee by whom the person was authorised must make good any damage done to the premises.
(5) An electricity licensee must not, without the written approval of a Government authority or statutory authority, authorise any person to enter or use any premises belonging to the Government authority or statutory authority for the purpose of exercising the powers conferred by subsection (1).
Entry during continuance of supply
Open ↗34. A person authorised by a transmission licensee or market support services licensee to enter upon any premises may, at all reasonable times, on the production of some duly authenticated document showing the person’s authority, enter any premises to which a supply of electricity is being given for any of the following purposes:(a)
inspecting any electric line or electrical plant belonging to the licensee;
(b)
ascertaining the register of any electricity meter;
(c)
removing, inspecting or re-installing any such meter or installing any substitute meter;
(d)
carrying out all other works necessary to maintain the supply of electricity.
Entry during discontinuance of supply
Open ↗35.—(1) Where —(a)
a transmission licensee or market support services licensee is authorised by this Act or its electricity licence to disconnect or discontinue the supply of electricity to any premises;
(b)
a person occupying premises supplied with electricity by a retail electricity licensee or market support services licensee ceases to require such a supply; or
(c)
a person entering into occupation of any premises previously supplied with electricity by a retail electricity licensee or market support services licensee does not require such a supply,
any person authorised in writing by the transmission licensee or market support services licensee may at all reasonable hours, on production of some duly authenticated document showing the person’s authority, enter the premises for the purposes of disconnecting the supply or removing any electrical plant, electric line or electricity meter, as the case may be.
(2) Subject to section 39, the person so authorised by a transmission licensee or market support services licensee must not enter any dwelling house in actual occupation without 6 hours’ previous notice to the occupier, unless the occupier has given the occupier’s consent to the entry.
Entry for replacing, repairing or altering electric line or electrical plant
Open ↗36.—(1) Any person authorised by an electricity licensee in writing may, after 7 days’ notice to the occupier of any premises or to the owner of any premises which are unoccupied, at all reasonable times, on production of some duly authenticated document showing the person’s authority, enter the premises for the purpose of —(a)
placing a new electric line or electrical plant in the place of or in addition to any existing line or plant which has already been lawfully placed and which belongs to that licensee; or
(b)
maintaining, inspecting, repairing, removing or altering any such existing line or plant.
(2) In the case of an emergency arising from any fault in any electric line or electrical plant, entry may be made under subsection (1) without the notice required by that subsection, but the notice must then be given as soon as possible after the occurrence of the emergency.
Relocation of installation
Open ↗37.—(1) Where an installation has been laid under or upon any land by an electricity licensee and the owner or occupier of the land desires to use the land in a manner which renders it necessary or convenient to move such installation, the owner or occupier may request the licensee to move the installation accordingly.
(2) An electricity licensee may, at the request of the owner or occupier of any premises under or upon which any installation of the licensee is situated, relocate the installation if the licensee is satisfied that such relocation is reasonable and the owner or occupier complies with such terms and conditions as the licensee may impose, including terms and conditions relating to the payment by the owner or occupier of all costs and expenses necessary for the relocation.
(3) Where an installation has been laid under or upon any land by an electricity licensee and the installation is no longer in use by the occupier of the land or any other person for the purpose of the transmission or supply of electricity, the licensee may at its own volition, or at the reasonable request of the owner of the land, remove the installation from the land at the expense of the electricity licensee.
(4) For the purposes of this section, “owner” includes any person having a leasehold interest in the land or premises with an unexpired term of not less than 7 years.
Electrical plant not fixtures and not subject to distress
Open ↗38. Any electrical plant, electric line, electricity meter, appliance, accessory, fitting and appurtenance owned or let for hire or lent to a consumer by an electricity licensee and which has been affixed or fastened to any part of the premises —(a)
continues to remain the property of that licensee and is deemed not to be a fixture, and does not vest in the owner of the premises; and
(b)
is not to be subject to distress or be liable to be taken under or pursuant to an enforcement order of any court or any proceedings in bankruptcy against the person in whose possession it is.[Act 25 of 2021 wef 01/04/2022]
Repurposing of installations
Open ↗38A.—(1) This section applies to a person who —(a)
is an electricity licensee or is exempted under section 8; and
(b)
owns, or manages or controls, a relevant installation.
(2) A person must not, without the prior approval of the Authority, use or allow the use of the relevant installation or any part of the relevant installation (including following any modification, replacement or disposal of any part of the relevant installation) other than as or as part of such relevant installation.
(3) Regulations made under section 103 may exclude any of the following from the application of this section:(a)
any electricity licensee or person exempted under section 8;
(b)
any relevant installation or any part of any relevant installation;
(c)
any use of any relevant installation or part of any relevant installation (including following any modification, replacement or disposal of any part of the relevant installation), generally or in prescribed circumstances.
(4) A person who contravenes subsection (2) 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 $100,000 for every day or part of a day during which the offence continues after conviction.
(5) In this section, “relevant installation” means any of the following:(a)
a generating station;
(b)
a generating unit;
(c)
a transmission system;
(d)
an energy storage system (including where the system is not part of a generating station, generating unit or transmission system).[Act 27 of 2024 wef 01/07/2025]
Power to discontinue supply of electricity in emergency, etc.
Open ↗39.—(1) Where an electricity licensee is of the opinion that immediate action is necessary on the occurrence of any emergency, in the interest of public safety or in order to avoid undue interference with the efficient supply of electricity to other consumers or for such other reasons affecting public interest, the licensee —(a)
may forthwith discontinue the supply of electricity to any person;
(b)
must immediately thereafter give written notice of the discontinuance to the person; and
(c)
not being a market support services licensee, must immediately inform the market support services licensee of the discontinuance.
(2) An electricity licensee is not liable for any loss or damage caused to any person by such discontinuance of the supply of electricity to the person.
Emergency plans
Open ↗40.—(1) The Authority may require an electricity licensee to prepare and file with the Authority such emergency plans in accordance with, and as may be specified in, its licence and the market rules.
(2) The Authority may, with the approval of the Minister, direct an electricity licensee to implement an emergency plan prepared by that licensee on one or more occasions and with such modifications as the Minister may, from time to time, consider necessary.
Contestable consumers
Open ↗41.—(1) The Authority may, with the approval of the Minister, make regulations prescribing the circumstances in which a consumer becomes, or ceases to be, a contestable consumer (including upon the grant of an application made by the consumer to be or to cease to be such).[42/2018]
(2) A market support services licensee must provide market support services to a contestable consumer in accordance with this Act and its licence, and on terms and conditions approved by the Authority.
(3) A contestable consumer is to purchase electricity for consumption on the consumer’s own premises in accordance with any one of the following options:(a)
purchase electricity from a retail electricity licensee on mutually agreed terms and conditions;
(b)
subject to subsection (4), purchase electricity directly from any wholesale electricity market at prevailing market prices;
(c)
purchase electricity indirectly from any wholesale electricity market through a market support services licensee at prevailing market prices.
(4) A contestable consumer must not purchase electricity directly from any wholesale electricity market unless the consumer is granted a licence by the Authority to do so and is registered as a market participant in accordance with the market rules.
(5) A consumer has the option to, within a period of 30 days from the date on which the consumer is classified under subsection (1) as a contestable consumer (or such further period as the Authority may determine) —(a)
commence purchasing electricity under a contract with a retail electricity licensee; or
(b)
commence purchasing electricity directly from any wholesale electricity market.
(6) If a consumer commences purchasing electricity under subsection (5)(a) or (b) and has an existing agreement under which any person supplies and sells electricity to the consumer, that agreement ceases to have effect from the date on which the consumer commences purchasing electricity under the relevant option.
(7) If a consumer does not commence purchasing electricity under subsection (5)(a) or (b), the consumer is deemed to commence purchasing electricity indirectly from any wholesale electricity market through a market support services licensee at prevailing market prices with effect from the date immediately after the expiry of the period referred to in that subsection.
(8) Where subsection (7) is applicable and the consumer has an existing agreement under which any person supplies and sells electricity to the consumer, that agreement ceases to have effect from the date immediately after the expiry of the period referred to in subsection (5).
(9) Despite subsections (5) and (7), a contestable consumer may, at any time after the expiry of the period referred to in subsection (5), enter into an arrangement to purchase electricity for consumption on the consumer’s own premises under any one of the options specified under subsection (3).
(10) At such time when —(a)
a contestable consumer does not, cannot or no longer wishes to purchase electricity from a retail electricity licensee or directly from any wholesale electricity market; or
(b)
a retail electricity licensee is unable or refuses to retail electricity to a contestable consumer for any reason,
a market support services licensee must (if the contestable consumer remains as such under this section) provide the contestable consumer access to any wholesale electricity market for the purpose of allowing the consumer to purchase electricity indirectly from that market through the licensee at prevailing market prices.
[42/2018]
(11) Nothing in subsections (6) and (8) has the effect of extinguishing any right or liability of any party under the existing agreement referred to in those subsections where such right or liability had accrued on the date the agreement ceased to have effect under those subsections.
(12) A market support services licensee must not discontinue the provision of market support services to any contestable consumer except in accordance with its licence.
(13) Nothing in this section is to be taken as requiring a market support services licensee to procure a supply of electricity to the premises of any contestable consumer if —(a)
it is prevented from doing so by circumstances not within its control;
(b)
circumstances exist by reason of which its doing so would or might involve the market support services licensee or any other electricity licensee being in breach of this Act, and the market support services licensee or other electricity licensee has taken all reasonable steps to prevent the circumstances from occurring and to prevent them from having that effect; or
(c)
any building on the premises has been erected in contravention of any written law or is in a ruinous or dangerous condition.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
