Power to obtain energy consumption data from energy suppliers
64.—(1) For the purpose of carrying out his or her duties and functions under this Act, or obtaining information to assist a sector regulator in carrying out its duties and functions under Part 4, the Director‑General may, by a written notice to any of the following persons (called in this section an energy supplier), require the energy supplier to provide the Director‑General with data relating to the energy consumption of any person, business activity or premises specified in the notice:(a)
any electricity licensee under the Electricity Act 2001;
(b)
any gas licensee under the Gas Act 2001;
(c)
any other supplier of steam, oil, fuel, district cooling services or other types of energy.
(2) An energy supplier to whom a notice is directed under subsection (1) must provide the data required in the form and manner and within the time specified in the notice.
(3) An energy supplier which, without reasonable excuse, contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
Energy and environment impact surveys
65.—(1) The Director‑General may, from time to time, undertake investigations or surveys of the levels of energy consumption, energy production or greenhouse gas emissions for the purposes of —(a)
assessing the impact on the environment of certain industries or activities; or
(b)
advising the Minister or other public bodies concerning energy or environmental policies.
(2) For the purpose of any investigation or survey under subsection (1), the Director‑General may by written notice require any person to provide the Director‑General, within the time and in the form and manner specified by the Director‑General, any information relating to the energy consumption, energy production or greenhouse gas emissions of that person as the Director‑General may require.
(3) Any person to whom a notice under subsection (2) is directed who, without reasonable excuse, fails to comply with the notice shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.
Powers to examine and secure attendance, etc.
66.—(1) For the purpose of investigating any offence under this Act (except Part 4), an authorised officer may do all or any of the following:(a)
examine orally any person who appears to be acquainted with the facts and circumstances of matters under this Act —(i)
whether before or after that person or anyone else is charged with an offence in connection with the matter; and
(ii)
whether or not that person is to be called as a witness in any inquiry, trial or other proceeding in connection with the matter;
(b)
require by written notice the attendance before himself or herself of any person within the limits of Singapore, who, from information given or otherwise, appears to be acquainted with the facts and circumstances of matters under this Act, and that person must attend as required;
(c)
require any person to provide any information or produce any book, document or copy of such book or document in the possession of that person and, without payment, inspect, keep, copy or take extracts from such book or document.
(2) Any person examined under this section is bound to state truly what the person knows of the facts and circumstances concerning matters under this Act, except that the person need not say anything that might expose the person to a criminal charge, penalty or forfeiture.
(3) A statement made by any person examined under this section must —(a)
be reduced to writing;
(b)
be read over to the person;
(c)
if the person does not understand English, be interpreted in a language that the person understands; and
(d)
after correction (if necessary) be signed by the person.
(4) If any person fails to attend as required by a notice under subsection (1)(b), the authorised officer may report the failure to a Magistrate who may thereupon issue a warrant to secure the attendance of that person as required by the notice.
Notices and other documents may be given by authorised officer or transport sector authorised officer
67.—(1) All notices and other documents of any nature which —(a)
the Director‑General is empowered to give under this Act may, subject to the direction of the Director‑General, be given by any authorised officer on behalf of the Director‑General; and
(b)
a sector regulator is empowered to give under this Act may, subject to the direction of the sector regulator, be given by any transport sector authorised officer appointed by that sector regulator on its behalf.
(2) Where any such notice or document mentioned in subsection (1)(a) requires authentication, the signature or an official facsimile of the signature of the Director‑General or an authorised officer affixed to the notice or document is sufficient authentication.
(3) Where any such notice or document mentioned in subsection (1)(b) requires authentication, the signature or an official facsimile of the signature of the Chief Executive, or a transport sector authorised officer, of the sector regulator affixed to the notice or document is sufficient authentication.
Service of documents, etc.
68.—(1) Every notice or document required or authorised by this Act to be served on any person may be served —(a)
in the case of an individual —(i)
by delivering it to the individual personally;
(ii)
by leaving it with an adult person apparently resident at, or by sending it by post to, the usual or last known address of the place of residence of the individual;
(iii)
by leaving it with an adult person apparently employed at, or by sending it by post to, the usual or last known address of the place of business of the individual;
(iv)
by affixing a copy of the notice in a conspicuous place at the usual or last known address of the place of residence or business of the individual;[Act 10 of 2026 wef 01/07/2026]
(v)
by sending it by fax to the fax number operated at the usual or last known address of the place of residence or business of the individual, or the last fax number given to an authorised officer or a transport sector authorised officer by the individual as the fax number for the service of documents on the individual; or[Act 10 of 2026 wef 01/07/2026]
(vi)
by sending it by email to the individual’s last email address;[Act 10 of 2026 wef 01/07/2026]
(b)
in the case of a partnership other than a limited liability partnership —(i)
by delivering it to any one of the partners or the secretary or other similar officer of the partnership;
(ii)
by leaving it at, or by sending it by post to, the principal or last known place of business of the partnership in Singapore;[Act 10 of 2026 wef 01/07/2026]
(iii)
by sending it by fax to the fax number operated at the principal or last known place of business of the partnership in Singapore; or[Act 10 of 2026 wef 01/07/2026]
(iv)
by sending it by email to the partnership’s last email address; and[Act 10 of 2026 wef 01/07/2026]
(c)
in the case of a body corporate —(i)
by delivering it to the secretary or other similar officer of the body corporate or, in the case of a limited liability partnership, the manager of the limited liability partnership;
(ii)
by leaving it at, or by sending it by post to, the registered office or principal office of the body corporate in Singapore;[Act 10 of 2026 wef 01/07/2026]
(iii)
by sending it by fax to the fax number operated at the registered office or principal office of the body corporate in Singapore; or[Act 10 of 2026 wef 01/07/2026]
(iv)
by sending it by email to the last email address of the body corporate.[Act 10 of 2026 wef 01/07/2026]
(2) Where any notice or other document to be served on any person is —(a)
sent by fax to the fax number operated at the last known place of residence or business or registered office or principal office in accordance with subsection (1), it is deemed to have been duly served on the person to whom it is addressed on the day of transmission, subject to receipt on the sending fax machine of a notification (by electronic or other means) of a successful transmission to the place of residence or business or registered office or principal office, as the case may be;[Act 10 of 2026 wef 01/07/2026]
(b)
sent by post, it is deemed to have been duly served on the person to whom it is addressed by the time at which it would have been delivered in the ordinary course of post; and[Act 10 of 2026 wef 01/07/2026]
(c)
sent by email, it is deemed to have been duly served on the person to whom it is addressed at the time that the email becomes capable of being retrieved by the person to whom it is sent.[Act 10 of 2026 wef 01/07/2026]
(2A) However, service of any notice or document under this Act on a person by email may be effected only with the person’s prior written consent to service in that way.[Act 10 of 2026 wef 01/07/2026]
(3) A notice or other document required or authorised by this Act to be served on the owner or occupier of any premises is deemed to be properly addressed if addressed by the description of the “owner” or “occupier” of the premises without further name or description.
(4) This section does not apply to notices and other documents to be served in proceedings in court.
(5) In this section —“body corporate” includes a limited liability partnership;
“last email address” means the last email address given by the addressee concerned to the person serving the notice or document as the email address for the service of notices or documents under this Act.[Act 10 of 2026 wef 01/07/2026]
Inaccuracies in document
69.—(1) No misnomer or inaccurate description of any person, premises, building, holding, street or place named or described in any document prepared, issued or served under, by virtue of or for the purposes of this Act in any way affects the operation of this Act as respects that person or place if that person or place is so designated in the document as to be identifiable.
(2) No proceedings taken under or by virtue of this Act shall be invalid for want of form.
Evidence
70.—(1) The contents of any document prepared, issued or served by the Agency, a sector regulator or any authorised officer or transport sector authorised officer under or for the purposes of this Act is, until the contrary is proved, presumed to be correct.
(2) All records, registers and other documents kept by the Agency or a sector regulator or by any authorised officer or transport sector authorised officer for the purposes of this Act are deemed to be public documents.
(3) A copy of or an extract from any document mentioned in subsection (2) that is —(a)
certified by an officer or employee of the Agency or sector regulator responsible for the custody of such documents to be a true copy or extract, as the case may be; and
(b)
subscribed by the officer or employee with his or her name and official title,
is admissible in evidence as proof of the contents of the document or extract from the document.
Disclosure of information
71. Despite section 47 of the National Environment Agency Act 2002, section 14 of the Civil Aviation Authority of Singapore Act 2009, section 41 of the Land Transport Authority of Singapore Act 1995 and section 98 of the Maritime and Port Authority of Singapore Act 1996 —(a)
the Director-General, and any authorised officer with the approval of the Director-General; and
(b)
each of the sector regulators, and any transport sector authorised officer with the approval of the appropriate sector regulator,
may provide any information, report or document obtained in the performance of their duties or in the exercise of their functions under this Act to any of the public officers or statutory bodies set out in the Schedule for the purpose of enabling the performance or discharge by that public officer or statutory body of his, her or its functions or duties.
Offences by bodies corporate, etc.
72.—(1) Where an offence under this Act committed by a body corporate is proved —(a)
to have been committed with the consent or connivance of an officer of the body corporate; or
(b)
to be attributable to any act or default on the part of any officer of the body corporate,
the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.
(3) Where an offence under this Act committed by a partnership is proved —(a)
to have been committed with the consent or connivance of a partner; or
(b)
to be attributable to any act or default on the partner’s part,
the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved —(a)
to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or
(b)
to be attributable to any act or default on the part of such officer or member,
the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(5) In this section —“body corporate” includes a limited liability partnership;
“officer” —(a)
in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in that capacity; or
(b)
in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in that capacity;
“partner” includes a person purporting to act as a partner.
(6) The Minister may make regulations to provide for the application of any provision of this section, with any modifications that the Minister considers appropriate, to any body corporate, limited liability partnership or unincorporated association formed or recognised under the law of a territory outside Singapore.
Power of court to order cause of contravention to be remedied
73.—(1) Where any person is convicted of an offence under this Act, the court may, in addition to or instead of imposing any penalty, order the person to take, within the time specified in the order (or within such further time as the court may allow), the steps specified in the order for remedying the matters in respect of which the contravention occurred.
(2) Subject to subsection (3), where an order is made under subsection (1), the convicted person shall not be liable under this Act in respect of the continuation of the contravention during the time specified in the order or allowed by the court to remedy the matters in respect of which the contravention occurred.
(3) If, after the expiration of the time specified in the order or allowed by the court under subsection (1) following a conviction of an offence, the order is not complied with, the person mentioned in that subsection shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 for every day during which the non-compliance continues after the date of conviction for that firstmentioned offence.
Composition of offences
74.—(1) The Director-General or any officer of the Agency authorised by the Director-General to compound offences may compound any offence under this Act (except Part 4) that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following:(a)
one half of the amount of the maximum fine that is prescribed for the offence;
(b)
$5,000.
(2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.
(3) The Minister may make regulations to prescribe the offences which may be compounded, including offences under the provisions of this Act which have been repealed.[24/2017]
(4) All sums collected under this section must be paid to the Consolidated Fund.
Saving of prosecutions under other laws
75. Nothing in this Act prevents any person from being prosecuted under any other written law for any act or omission which constitutes an offence under this Act or from being liable under that other law to any other or higher punishment or penalty than that provided by this Act, except that a person must not be punished twice for the same offence.
Amendment of Schedule
76.—(1) The Minister may, by order in the Gazette, amend, add to or vary the Schedule.
(2) The Minister may, in any order made under subsection (1), make such incidental, consequential or supplementary provision as may be necessary or expedient.
(3) Any order made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette.
Exemption
77. The Minister may, by order in the Gazette and with or without conditions, exempt —(a)
any class or description of goods, business activity or premises from all or any of the provisions of this Act (except Part 4); or
(b)
any class or description of persons from compliance with all or any of the provisions of this Act (except Part 4).
Regulations
78.—(1) The Minister may make regulations necessary or expedient for carrying out the purposes and provisions of this Act (except Part 4).
(2) Without limiting subsection (1), the Minister may make regulations for or with respect to, or to otherwise make provision for, all or any of the following matters:(a)
the registration requirements in relation to —(i)
regulated goods;
(ii)
suppliers of regulated goods; and
(iii)
registrable corporations;
(aa)
the regulation of any advertisement of regulated goods (whether or not originating in Singapore) accessible by a person physically present in Singapore (called in this paragraph a person in Singapore), including —(i)
any information relating to the energy efficiency of the goods that must be contained in any such advertisement;
(ii)
the prohibition of any advertisement with respect to which any prescribed requirement is not complied with (called in this paragraph a non-compliant advertisement); and
(iii)
requirements in relation to the prevention of publication, rectification or withdrawal of any non-compliant advertisement (including the removal of any non-compliant advertisement or the disabling of access by a person in Singapore to any non-compliant advertisement, if published on the Internet) and the person in Singapore or person with a business establishment in Singapore that must comply with such requirements;[Act 10 of 2026 wef 01/07/2026]
(ab)
the circumstances in which a person —(i)
that imports or manufactures regulated goods for supply in Singapore, and subsequently uses or permits another person to use those regulated goods for a purpose other than for such supply; or
(ii)
that imports goods for the person’s own use, and subsequently —(A)
uses those goods in circumstances where the import would (if it had been for or under those circumstances) have been a prohibited import of regulated goods under section 12(1)(b); or
(B)
permits another person to use those goods in prescribed circumstances,
commits an offence;
[Act 10 of 2026 wef 01/07/2026]
(b)
the form of any application, report, plan or other document mentioned in this Act (except Part 4);
(c)
the preparation of any application, report, plan or other document mentioned in this Act (except Part 4), including the person that should prepare the same and any criteria that the person must satisfy;
(d)
the information and documents to be included in or to accompany any application, report, plan or other document mentioned in this Act (except Part 4);
(e)
without affecting paragraph (d), in relation to any report or plan mentioned in this Act (except Part 4), the methods, or criteria for the methods, by which the amounts of reductions, removals, offsets, energy production, energy consumption or any other matters are to be measured or determined, including any one or more of the following:(i)
conditions relating to the use of different methods or criteria;
(ii)
rating systems for those methods;
(iii)
the particular rating given to each of those methods;
(f)
the period within which any application, report, plan or other document mentioned in this Act (except Part 4) is to be submitted (including at prescribed intervals);
(g)
the manner in which any application, report, plan or other document mentioned in this Act (except Part 4) is to be submitted, including the person that should submit the same and any criteria that the person must satisfy;
(h)
the implementation of energy efficiency measures proposed in any energy efficiency improvement plan under section 28;
(i)
the criteria which any person carrying out any assessment required under this Act (except Part 4) must satisfy;
(j)
in relation to an energy manager under Part 3 —(i)
the appointment, training and qualification of an energy manager;
(ii)
the functions and duties of an energy manager; and
(iii)
the powers of an energy manager, being necessary powers for the discharge of the energy manager’s functions and duties;
(k)
any fees and charges payable for an application under, or for any purpose of, this Act (except Part 4);
(l)
any other matter that is required or permitted to be prescribed to give effect to this Act (except Part 4).[24/2017; 23/2018]
(3) Regulations made under this section may make different provision —(a)
for different classes, descriptions or types of goods, persons or industry sectors; and
(b)
for different circumstances (including, in relation to subsection (2)(e), the circumstances in which the reductions, removals, offsets, energy production, energy consumption or other matters occur).[24/2017; 23/2018]
(4) The Minister may make regulations for the purpose of coordinating the exercise of powers by the Director-General under this Act and the exercise of powers by any other sector regulator mentioned in Part 4, and may, in particular, make regulations to provide for the procedure to be followed —(a)
in determining, in a particular case or category of cases, whether the Director-General (or an authorised officer) should exercise his or her powers or whether a sector regulator (or a transport sector authorised officer) should exercise his, her or its powers; and
(b)
where the Director-General and a sector regulator, or their respective authorised officers or transport sector authorised officers, may exercise their respective powers concurrently or conjunctively.
(5) The Minister may, in making any regulations under this section, provide that any contravention of any of the provisions of such regulations is an offence punishable with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 12 months or with both.
Adoption of codes and standards
79.—(1) Any regulations made under section 78 may adopt wholly or partially, or as amended by the regulations or by reference, any code, standard, rule, specification or provision which relates to any matter with which the regulations deal and which —(a)
is recommended, issued or adopted by any standards organisation or body (whether within or outside Singapore) approved by the Director‑General; or
(b)
is considered by the Director‑General to be appropriate for adoption for the purposes of this Act.
(2) The Director‑General must cause a copy of every code, standard, rule, specification or provision adopted under subsection (1) to be made available for inspection by members of the public without charge at the office of the Agency during normal office hours.
(3) In any proceedings, a copy certified by the Director‑General as a true copy of a code, standard, rule, specification or provision adopted under subsection (1) is evidence of the code, standard, rule, specification or provision so adopted.
Saving and transitional provisions in relation to Part 3
80. Any person who, immediately before 1 September 2013, was a registered supplier under the repealed Part XA of the Environmental Protection and Management Act 1999 is deemed to be a registered supplier under this Act.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
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