District Cooling Act 2001

• Jurisdiction: Singapore
• Coming into Force: 31 July 2002
• Act Number: (Original Enactment: Act 12 of 2001)
• Enactment Date: 01 April 2001
• Record Number: Cap. 84A
• Published date: 31 July 2002

District Cooling Act

(CHAPTER 84A)

(Original Enactment: Act 12 of 2001)

REVISED EDITION 2002

(31st July 2002)

An Act to license and regulate the provision of district cooling services in service areas.

[1st April 2001]

PART I PRELIMINARY Short title 1. This Act may be cited as the District Cooling Act. Interpretation 2. In this Act, unless the context otherwise requires — “air conditioning” means the process of treating air so as to control simultaneously its temperature, humidity, cleanliness and distribution to meet the requirements of the conditioned space; “apparatus” means any appliance or equipment including any machine, device, fitting or any accessory thereof used for the purpose of or in connection with the provision or use of district cooling services; “authorised officer” means any person authorised by the Authority under section 3(2); “Authority” means the Energy Market Authority of Singapore established under the Energy Market Authority of Singapore Act (Cap. 92B); “connection point” means a point, situated in or in immediate proximity to the premises to be provided with district cooling services, where a district cooling system is connected to an installation; “consumer” means a person who contracts with a licensee for the provision of district cooling services; “coolant” means chilled water or any other medium used for the purpose of providing district cooling services; “cooling load” means the air-conditioning load of the consumer’s installation; “district cooling pipe” means any pipe lying between the chiller or similar cooling unit of a district cooling system and a connection point; “district cooling service” means the sale of coolant for space cooling in a service area by a licensee operating a central plant capable of supplying coolant via pipe to more than one building in the service area; “district cooling system” means the whole of the facility used for or in connection with the provision of district cooling services comprising the district cooling plant, one or more chillers or similar cooling units, district cooling pipes and other apparatus including metering equipment but excluding the installation; “information memorandum” means a document to be submitted to the Authority disclosing the information stipulated in section 10(4)(c); “installation” means the whole of the consumer’s cooling system up to the connection point where it is connected to the district cooling system but does not include the metering equipment; “licence” means a licence granted under section 10; “licensee”, in relation to any service area, means a person who is authorised by a licence to carry out all or any of the functions of providing district cooling services to the service area; “metering equipment” means any apparatus owned by the licensee used in or in connection with a district cooling system for the purpose of determining the cooling load of an installation; “modifications” includes additions, alterations and omissions; “occupier” means the person in occupation of any premises and includes the person having the charge, management or control of the premises either on his own account or as agent of another person; “premises” includes buildings, structures, streets, lands, waters, tenements, easements of any tenure, whether State land or not, whether open or enclosed, whether built on or not, whether public or private, and whether maintained under statutory authority or not; “public authority” means the Government or any statutory body; “public land” means land under the ownership or possession of any public authority; “public safety” means the obviation of danger to the general public, to public property and to roads, streets, railways, canals, docks, wharves, piers, bridges, gas works, water works and their appurtenances and telegraphic, telephonic and other electrical signalling lines; “regulations” means regulations made under this Act; “service area” means any area declared under section 7.

PART II ADMINISTRATION Authority to administer Act 3.—(1) The Authority shall be charged with the general administration of this Act and the exercise of the functions and duties imposed on the Authority by this Act. (2) The Authority may authorise any person to assist it in the exercise of its functions and duties under this Act, either generally or in a particular case. (3) Subject to the provisions of this Act, it shall be the function and duty of the Authority — (a) to exercise licensing and regulatory functions in respect of the provision of district cooling services; (b) to protect the interests of consumers in respect of — (i) the prices charged and other terms of supply of district cooling services; (ii) the quality of district cooling services; and (iii) the continuity and reliability of district cooling services; and (c) to issue or approve and from time to time review codes of practice and other standards of performance in connection with the provision of district cooling services. (4) Nothing in this section shall be construed as imposing on the Authority, directly or indirectly, any form of duty or liability enforceable by proceedings before any court. Powers of Authority 4.—(1) Subject to the provisions of this Act, the Authority may carry on such activities as appear to the Authority to be advantageous, necessary or convenient for it to carry on for or in connection with the discharge of its functions and duties under this Act. (2) The Authority shall furnish the Minister with such information with respect to its activities in such manner and at such times as the Minister may require. Furnishing of documents and information to Authority 5.—(1) The Authority or any authorised officer may by notice require any person to furnish to the Authority or the authorised officer, within such period as specified in the notice, all such documents or information relating to all such matters as may be required by the Authority for the purposes of this Act and as are within the knowledge of that person or in his custody or under his control. (2) Any person who, on being required by notice under subsection (1) to furnish any document or information, fails to comply with any requirement of the notice shall be guilty of an offence. (3) Any person who — (a) intentionally alters, suppresses or destroys any document which he has been required by any notice under subsection (1) to furnish; or (b) in furnishing any estimate, return or other information required of him under any notice under subsection (1), makes any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, shall be guilty of an offence. Power of Authority to enter upon any premises 6.—(1) The Authority may, for the purposes of this Act, by its employees, agents or contractors, enter at all reasonable hours (or at any time in the event of an emergency) into and upon any premises for the purpose of performing its duties authorised by this Act without being liable to pay any person any fee, charge or expense or being subject to any legal proceedings or molestation on account of such entry or of anything done in any part of the premises under this Act. (2) Except in the event of an emergency, such employee, agent or contractor may not enter upon any premises under this section unless — (a) not less than 6 hours notice of the intended entry has been given to the occupier; and (b) if required to do so, he has produced evidence of his authority.

PART III SERVICE AREAS FOR DISTRICT COOLING SERVICES Declaration of service areas 7.—(1) The Minister may, from time to time, by notification in the Gazette, declare an area to be a service area where district cooling services are to be provided to the area, on such terms and conditions as he thinks fit. (2) A notification under subsection (1) shall state that a plan of the service area may be inspected at such place as is specified in the notification. (3) Unless exempted, the occupier of every premises within a service area requiring air conditioning shall use the district cooling services provided by a licensee if such services are available within the service area. (4) An owner or occupier of any premises within a service area may apply in writing to the Authority for exemption from subsection (3) and the decision of the Authority shall be final. (5) No licensee shall refuse to provide district cooling services to any premises within his service area. (6) Any person who contravenes subsection (3) or (5) 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 thereof during which the offence continues after conviction. Changes affecting service areas 8.—(1) The Minister may, by notification in the Gazette, revoke any declaration made under section 7(1) on such terms and conditions as he thinks fit. (2) The Minister may modify any term or condition imposed under section 7. Notification of changes 9.—(1) Before exercising any power under section 8, the Minister shall give notice to any licensee in the service area concerned — (a) stating his proposal to revoke any declaration made under section 7(1); (b) stating his proposal to make any modification to a declaration made under section 7(1) in the manner as specified in the notice; and (c) specifying the time (not being less than 28 days from the date of service of notice on the licensee) within which written representations with respect to the matter in paragraph (a) or (b) may be made. (2) The decision of the Minister after consideration of any written representation made under subsection (1)(c) shall be final. (3) If no written representation is received by the Minister within the time specified under subsection (1)(c) or if any written representation made under that subsection is subsequently withdrawn, the Minister may forthwith carry out the proposed matters specified in the ...