s 40D Restrictions on supplies and imports of regulated goods
40D.—(1) Subject to this section, on or after the effective date on which GHG goods of a particular class, description or type become regulated goods, a person must not —(a) supply in Singapore any GHG goods that are such regulated goods (whether the GHG goods were imported into Singapore or manufactured in Singapore by the person or another person), if —(i) the GHG goods do not comply with one or more of the requirements mentioned in subsection (4) which are prescribed as being applicable to such regulated goods and not waived under section 40Y for those GHG goods; and (ii) the supply is made —(A) by the person to another person in the course or furtherance of the firstmentioned person’s trade or business; or (B) by the person to another person in furtherance of the second-mentioned person’s trade or business; or (b) import for the person’s own use any GHG goods that are such regulated goods, where the GHG goods do not comply with one or more of the requirements mentioned in subsection (4) which are prescribed as being applicable to such regulated goods and not waived under section 40Y for those GHG goods. (2) Without limiting subsection (1)(a) and (b), a person is regarded as making a supply of, or importing for the person’s own use, GHG goods (but only to the extent of those goods), even where those GHG goods are combined with other goods or systems and supplied or imported (as the case may be) together with the other goods or systems as a whole. (3) A person that contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. (4) For the purpose of subsection (1), the requirements that may be prescribed as applicable to any regulated goods are as follows:(a) the regulated goods must be registered; (b) the regulated goods must conform to either or both of the following:(i) the global warming potential of the greenhouse gas or the blend or mixture of greenhouse gases required for the use or operation of the regulated goods must not exceed the global warming potential limit for such regulated goods; (ii) any other requirement prescribed for the regulated goods relating to environmental protection and management; (c) the regulated goods must be labelled with the information prescribed for such regulated goods, in the manner prescribed, or allowed by the Director-General in any particular case; (d) the regulated goods must be accompanied by the information prescribed for such regulated goods relating to their environmental impact (including the type, amount and global warming potential of the greenhouse gas or the blend or mixture of greenhouse gases required for the use or operation of the regulated goods), and to the environmental protection and management measures adopted in relation to the regulated goods, in the manner prescribed, or allowed by the Director-General in any particular case; (e) information prescribed for the regulated goods relating to their environmental impact (including the type, amount and global warming potential of the greenhouse gas or the blend or mixture of greenhouse gases required for the use or operation of the regulated goods), and to the environmental protection and management measures adopted in relation to the regulated goods, must be disseminated in the manner prescribed, or allowed by the Director‑General in any particular case. (5) Without affecting section 75, subsection (1)(a) does not apply to a supply of any GHG goods that are regulated goods in any of the following circumstances:(a) the GHG goods are supplied as part of any premises by the developer of the premises, if —(i) the developer did not import or manufacture the GHG goods; and (ii) the GHG goods comply with the requirements under subsection (4) applicable to such regulated goods at the time the agreement for the supply of the GHG goods to the developer was entered into; (b) the GHG goods are supplied by a participant in the supply chain for the supply of the GHG goods by the developer mentioned in paragraph (a), if the GHG goods comply with the requirements under subsection (4) applicable to such regulated goods at the time the agreement for the supply of the GHG goods was entered into. (6) Without affecting subsection (5) or section 75, subsection (1)(a) does not apply to a supply of any GHG goods that are regulated goods prescribed for the purposes of this subsection if —(a) the supply is by a participant in the supply chain for the supply of the GHG goods to a person (other than a person acting in the capacity of a developer) that intends to construct or is constructing, or is causing to be constructed, any premises; (b) the GHG goods are to be used in the premises; (c) the premises are to be occupied by the person mentioned in paragraph (a); (d) the person did not import or manufacture the GHG goods; and (e) the GHG goods comply with the requirements under subsection (4) applicable to such regulated goods at the time the agreement for the supply of the GHG goods was entered into. (7) In this section, “developer” means a person that carries on the business of constructing or causing to be constructed any premises for sale or lease.[Act 24 of 2021 wef 01/10/2022]