Keeping of register
Open ↗86.—(1) The Authority must, at such location and in such form as it may determine, maintain a register for the purposes of this section.
(2) Subject to any direction under subsection (3), the Authority must cause to be entered in the register —(a)
the provisions of every licence or exemption granted to any person under Part 3 and the details of every licence or exemption revoked;
(b)
the details of a relevant facility in respect of which the Authority has granted an exemption under section 38(8);
(c)
the details of every licensed gas service worker;
(d)
the provisions of an exemption granted under section 71 and the details of any exemption revoked;
(e)
the provisions of an exemption granted under section 94;
(f)
the details of every modification made to a gas licence; and
(g)
any other matters as the Authority thinks fit.
(3) If it appears to the Minister that the entry of any provision or detail in the register would be against the public interest, he or she may direct the Authority not to make the entry in the register.
(4) The register must be available for inspection by the public during such hours and subject to the payment of such fee as may be specified by the Authority.
Effect of direction
Open ↗87.—(1) The obligation to comply with any direction made by the Authority is a duty owed to any person who may be affected by a contravention of it.
(2) Where a duty is owed by virtue of subsection (1) to any person, any breach of the duty which causes that person to sustain loss or damage is actionable at the suit or instance of that person.
(3) In any proceedings brought against any person under subsection (2), it is a defence for the person to prove that the person took all reasonable steps and exercised all due diligence to avoid contravening the relevant direction.
(4) Without prejudice to any right which any person may have under subsection (2) to bring civil proceedings in respect of any contravention of any relevant direction, compliance with any such direction is enforceable by civil proceedings by the Authority for an injunction or for any other appropriate relief.
Jurisdiction of court
Open ↗88. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court and a Magistrate’s Court have jurisdiction to try any offence under this Act and have power to impose the full penalty or punishment in respect of any offence under this Act.
Offences by body corporate
Open ↗89. Where an offence under this Act has been committed by a company, firm, society or other body of persons, any person who, at the time of the commission of the offence, was a director, manager, secretary or other similar officer or a partner of the company, firm, society or other body of persons or was purporting to act in any such capacity, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly unless the person proves that —(a)
the offence was committed without the person’s consent or connivance; and
(b)
the person had exercised all such due diligence to prevent the commission of the offence as the person ought to have exercised, having regard to the nature of the person’s functions in that capacity and to all the circumstances.
Fee or financial penalty recoverable
Open ↗90. Any fee or financial penalty required to be paid to the Authority under this Act may be recovered by it in any court of competent jurisdiction as if it were a simple contract debt.
General penalties
Open ↗91. Any person guilty of an offence under this Act for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction.
Composition of offences
Open ↗92.—(1) The Authority may, in its discretion, compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $3,000.
(2) The Authority may, with the approval of the Minister, make regulations to prescribe the offences which may be compounded.
Payment into Consolidated Fund
Open ↗92A. All composition sums collected by the Authority under section 92 and all financial penalties collected by the Authority under this Act, must be paid into the Consolidated Fund.[43/2018]
Appeal to Minister
Open ↗93.—(1) A person aggrieved by —(a)
any decision of the Authority in the exercise of any discretion vested in it by or under this Act, except for section 27(12) or 38B(6); or[Act 27 of 2024 wef 01/07/2025]
(b)
any direction issued by the Authority under this Act,
may, except where provision has been made under this Act for an appeal to be made to an Appeal Panel, appeal to the Minister.
[24/2007; 43/2018]
(2) An appeal under subsection (1) does not suspend the effect of a decision or direction to which the appeal relates unless —(a)
otherwise provided in this Act or allowed by the Minister; or
(b)
the appeal is against the imposition or the amount of a financial penalty.[24/2007]
(3) Where the Minister considers that an appeal made to the Minister involves issues of such nature or complexity that it ought to be considered and determined by persons with particular technical or other specialised knowledge, the Minister may establish by direction an Appeal Panel, comprising one or more of such persons with particular technical or other specialised knowledge and such other persons as the Minister considers appropriate, to consider and determine the appeal.[24/2007; 43/2018]
(4) Any person who has made an appeal to the Minister must provide such information and documents as may be required by the Minister (whether for the purpose of deciding if an Appeal Panel should be established or for determining the appeal) in such manner and within such period as may be specified by the Minister.[24/2007; 43/2018]
(5) The Minister may determine an appeal under this section by —(a)
confirming, varying or reversing any decision or direction of the Authority; or
(b)
directing the Authority to reconsider its decision or direction,
and the decision of the Minister is final.
[24/2007]
(6) The Minister may make regulations prescribing —(a)
the time and manner in which an appeal must be made under this section; and
(b)
the procedure to be adopted in determining any appeal by the Minister under this section.[43/2018]
General exemption
Open ↗94. The Authority may, with the approval of the Minister and by order in the Gazette, exempt any person or premises or any class of persons or premises, subject to such conditions or restrictions as may be specified in the order, from any or all of the provisions of this Act other than sections 6 to 10 and 63B.[24/2007]
Service of documents
Open ↗95.—(1) Any notice, order or document required or authorised by this Act to be given or served on any person, and any summons issued by a court in connection with any offence under this Act may be served on the person —(a)
by delivering it to the person or to some adult member or employee of his or her family at his or her last known place of residence;
(b)
by leaving it at the person’s usual or last known place of residence or business in an envelope addressed to the person;
(c)
by affixing it to some conspicuous part of the person’s last known place of residence;
(d)
by sending it by registered post addressed to the person at the person’s usual or last known place of residence or business; or
(e)
where the person to be served is a body corporate —(i)
by delivering it to the secretary or other like officer of the body corporate at its registered or principal office; or
(ii)
by sending it by registered post addressed to the body corporate at its registered or principal office.
(2) Any notice, order, document or summons sent by registered post to any person in accordance with subsection (1) is 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 is sufficient to prove that the envelope containing the same was properly addressed, stamped and posted by registered post.
Regulations
Open ↗96.—(1) The Authority may, with the approval of the Minister, make regulations for or in respect of every purpose which it considers necessary or convenient to be prescribed for carrying out its functions and duties under, and implementing the provisions of, this Act.
(2) Without limiting subsection (1), the Authority may, with the approval of the Minister, make regulations for or in respect of all or any of the following matters:(a)
the prevention and suppression of pollution, contamination or waste of gas;
(b)
the prevention of misuse of, or damage to, apparatus and works owned by, or under the control or management of, a gas transporter or used for the purposes of conveying or supplying gas;
(c)
the prescribing of materials of which conduits, pipes, and other apparatus and fittings for use in connection with the supply of gas must be made, and in respect of their size, shape, fitting, arrangement, connection, quality and workmanship, testing and inspection and cleaning;
(d)
the protection of the public from dangers arising from the conveyance, supply and use of gas or from any gas plant or gas appliance and the elimination, reduction or prevention of risks of personal injury, damage to property or the interference with the use thereof;
(e)
the regulation of matters relating to the charging in of gas to the premises of consumers by any gas transporter;
(f)
the release of a gas retailer from any obligation owed to a consumer;
(g)
the regulation of the construction, laying or placing of a gas pipeline in, on, over, upon, under, across or along any land and the submission and approval of plans relating thereto;
(h)
the prescribing of standards of quality and pressure of gas to be complied with by a gas transporter conveying gas to premises and standards with respect to the properties, composition and other characteristics of gas, including the odorisation of gas so conveyed;
(i)
the regulation of the appointment of independent and impartial persons to carry out tests of gas conveyed by a gas transporter, and all matters relating thereto;
(j)
the regulation of the construction, pattern, type, specification and other characteristics of meters and the appointment of independent and impartial persons to examine meters and to carry out the stamping of meters where appropriate and all matters relating thereto;
(k)
the prescribing of requirements regarding the maintenance, inspection, repair, removal and replacement and repositioning of a meter at a consumer’s premises and for the keeping in proper order, for the purposes of recording the quantity of gas supplied, of a meter made available or owned by a gas licensee or belonging to a consumer or other person;
(l)
the installation and use of meters, and the prohibition of interference with or damage to a meter or any seal or stamp affixed to or made to a meter;
(m)
the prescribing of methods for determining the charges payable by a consumer in the event a meter is found to be defective or otherwise registering erroneously;
(n)
the conversion of a gas pipeline network and gas appliances so as to allow for the conveyance of natural gas in the gas pipeline network and supply to such gas appliance, including —(i)
regulating the manner of the conversion;
(ii)
the interconnection of gas pipeline networks;
(iii)
conferring on any person authorised by a gas transporter or gas retailer —(A)
the power to obtain information and documents from any person necessary for the purposes of the conversion and interconnection; and
(B)
the power to enter any premises to carry out any inspection or perform any work relating to such conversion and interconnection; and
(iv)
the circumstances and the manner in which the supply of gas to any premises may be terminated (despite any agreement for such supply), if the conversion is not or if it appears that the conversion cannot be carried out successfully for the premises or any part of the premises;
(o)
the regulation of the introduction of competition in the natural gas industry and the timing of such introduction;
(p)
the regulation of the installation, use, maintenance and repair of any gas plant by a consumer where required for the purpose of —(i)
avoiding pressure fluctuation in a gas pipeline or gas pipeline network owned by, or under the management or control of, a gas transporter; or
(ii)
preventing the admission of gas into a gas main or gas service pipe,
and for the removal, testing and replacing of any such gas plant by a gas transporter;
(q)
the regulation of the inspection, maintenance, repair and renewal of —(i)
onshore receiving facilities or LNG terminals; or
(ii)
gas installations or gas service pipes, including —(A)
the person that a gas transporter or person prescribed under section 29(3) must engage to carry out the inspection, maintenance, repair or renewal; and
(B)
any information or document to be submitted in connection with the inspection, maintenance, repair or renewal, by whom and to whom the information or document must be submitted and the time for the submission,
and the recovery of costs incurred by a gas transporter in connection with the inspection, maintenance, repair or renewal;
[Act 37 of 2021 wef 01/09/2025]
(r)
the prescribing of technical and standards of performance in connection with the provision of gas supply services by a gas retailer to consumers and the conveyance of gas by a gas transporter and for the publication of the levels of performance achieved;
(s)
the prescribing of terms that will be held to apply as between a gas retailer and a consumer where the gas retailer supplies gas to a consumer other than in accordance with the terms of a contract and for such terms to be approved by the Authority;
(t)
the safety, technical or economic regulation of any gas pipeline or gas pipeline network whether located onshore or offshore;
(u)
the governing of the exercise of the power of the gas transporter to recover expenditure under section 24;
(v)
the conferring on any authorised person of the relevant power, where it is in the authorised person’s opinion necessary to do so, for the purpose of averting danger to life or property, and to disconnect and seal off any gas fitting or any part of the gas pipeline network on the premises, or disconnect the premises or, if the premises are not connected, to signify the refusal of the relevant person to convey gas or (as the case may be) allow gas to be conveyed to the premises and the making of provision for —(i)
securing that, where any such power is exercised, the consumer will be notified as to the cause of the exercise of power;
(ii)
enabling any consumer so notified to appeal to the Authority on grounds that the exercise of the power was unjustified;
(iii)
enabling the Authority to give such directions in consequence of any such appeal; and
(iv)
prohibiting any person, subject to such conditions as the Authority may prescribe, from re‑connecting any gas fitting or any part of any gas pipeline network or any premises which have been disconnected or causing gas from a gas main to be conveyed to any premises;
(w)
the regulation of gas service work and the licensing of gas service workers, including —(i)
the approval and control of the standards and safety requirements for gas installations, gas fittings, gas appliances and any other associated equipment;
(ii)
the regulation of the installation, removal and modification of gas appliances; and
(iii)
the prohibition of the use, sale or hire of gas appliances and other associated equipment and materials;
(x)
the safety, technical or economic regulation of any LNG terminal or onshore receiving facility;
(y)
the regulation of matters relating to the import of gas, including the quantity of gas that may be imported and the mode of such import;
(z)
the prescribing of fees and charges and their method of payment for the purposes of this Act;
(za)
the prescribing of any service provided in connection with the performance of any function or duty of the Authority, for which the Authority may charge a price by way of agreement with the person to whom the service is provided (instead of prescribing the price);[Act 27 of 2024 wef 01/07/2025]
(zb)
anything required to be prescribed or in relation to which regulations may be made under this Act.[24/2007; 43/2018]
[Act 27 of 2024 wef 01/07/2025]
(3) The Authority may, in making any regulations, provide that any person who contravenes the regulations 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 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction.
(4) All such regulations must be presented to Parliament as soon as possible after publication in the Gazette.
(5) For the purpose of subsection (2)(v), “relevant person” means —(a)
in relation to dangers arising from the conveyance of gas by a gas transporter, or from the use of gas conveyed by such a gas transporter, that gas transporter; and
(b)
in relation to dangers arising from the conveyance of gas by a person other than a gas transporter, or from the use of gas conveyed by such a person, the Authority.
Incorporation by reference
Open ↗96A.—(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.
(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.[Act 37 of 2021 wef 01/09/2025]
Advisory guidelines
Open ↗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.
[Act 37 of 2021 wef 01/09/2025]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
