PART 3 ENERGY CONSERVATION MEASURES FOR
DOMESTIC AND INDUSTRY SECTORS
(OTHER THAN TRANSPORT) |
| Division 1 — Measures for goods |
| Subdivision (1) — Interpretation |
[24/2017] | Interpretation of this Division |
10. In this Division, unless the context otherwise requires —| “effective date”, in relation to any goods, means the date on which the goods become regulated goods as specified in the order under section 11; |
“goods” means any device, appliance, equipment, article or thing that requires electricity or fuel for its use or operation, and —| (a) | includes 2 or more such devices, appliances, equipment, articles or things that are interconnected, and interdependent or interacting, so as to form a system carrying out one or more functions; but | | (b) | does not include any motor vehicle; |
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| “label”, in relation to any regulated goods, includes marking or affixing a label to the regulated goods; |
“manufacture” means to make, fabricate, produce or process any goods and includes —| (a) | the adapting for sale of any goods; and | | (b) | the altering, ornamenting or finishing or the assembling or processing in any form of any goods; |
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| “registered goods” means any regulated goods registered under section 13(2) as such; |
| “registered supplier” means any importer or manufacturer registered under section 13(2) as such; |
| “regulated goods” means any goods prescribed under section 11 to be such; |
“sale” includes —| (a) | barter, exchange or import; | | (b) | offering or attempting to sell, causing or allowing to be sold, or exposing for sale; and | | (c) | receiving, sending or delivering for sale; |
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“supply”, in relation to any goods, includes —| (a) | the supply of the goods by way of sale, lease, loan, hire or hire-purchase; | | (b) | the supply of the goods in connection with any agreement; and | | (c) | the offer to supply the goods. [24/2017] |
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Subdivision (2) — Restrictions on supplies of regulated
goods through registration, energy labelling, minimum
performance standards, etc. |
[24/2017] | 11. The Minister may, after consulting the Agency, by order in the Gazette, prescribe any class, description or type of goods to be regulated goods for the purposes of this Part from the date specified in the order. [24/2017] |
| Restriction on supply of regulated goods |
| 12.—(1) Subject to this section, a person must not make a prohibited supply of regulated goods in Singapore. [24/2017] | (2) Any person that contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. [24/2017] |
(3) For the purposes of subsection (1), a prohibited supply of regulated goods is a supply of regulated goods where —| (a) | the goods do not comply, on or after the effective date for those goods, with any one or more of the requirements mentioned in subsection (4) which is prescribed as being applicable to those regulated goods and not waived under section 31B(1); and | | (b) | the supply is made by the person to another person —| (i) | in the course or furtherance of the firstmentioned person’s trade or business; or | | (ii) | in furtherance of the second‑mentioned person’s trade or business. [24/2017] |
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(4) The following are the requirements for the purpose of subsection (3):| (a) | the goods must be registered; | | (b) | the goods must conform to either or both of the following:| (i) | the minimum energy efficiency standard prescribed for the goods; | | (ii) | any other requirement prescribed for the goods affecting or relating to the energy efficiency standard; |
| | (c) | the goods must be labelled with the information prescribed for the goods, in the manner prescribed or allowed by the Director‑General in any particular case; | | (d) | the goods must be accompanied by the information prescribed for the goods relating to energy efficiency, in the manner prescribed or allowed by the Director‑General in any particular case; | | (e) | information prescribed for the goods relating to energy efficiency must be disseminated in the manner prescribed or allowed by the Director‑General in any particular case. [24/2017] |
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(5) Without affecting section 77, subsection (1) does not apply to a supply of regulated goods in any of the following circumstances:| (a) | the goods are supplied as part of any premises by the developer of the premises, if —| (i) | the developer did not import or manufacture the goods; and | | (ii) | the goods comply with the requirements under subsection (4) applicable to the goods at the time the agreement for the supply of the goods to the developer was entered into; |
| | (b) | the goods are supplied by a participant in the supply chain for the supply of the goods by the developer mentioned in paragraph (a), if the goods comply with the requirements under subsection (4) applicable to the goods at the time the agreement for the supply of the goods was entered into. [24/2017] |
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(6) Without affecting subsection (5) or section 77, subsection (1) does not apply to a supply of 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 such regulated goods to a person (other than a person acting in the capacity of a developer) who is intending to construct or is constructing, or is causing to be constructed, any premises; | | (b) | the goods are to be used in the premises; | | (c) | the premises are to be occupied by the person; | | (d) | the person did not import or manufacture the goods; and | | (e) | the goods comply with the requirements under subsection (4) applicable to the goods at the time the agreement for the supply of the goods was entered into. [24/2017] |
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| (7) In this section, “developer” means a person who carries on the business of constructing or causing to be constructed any premises for sale or lease. [24/2017] |
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| Restriction on supply by importers and manufacturers |
| 12A.—(1) Without affecting section 12, an importer or a manufacturer must not, in the course of any trade or business, supply any regulated goods in Singapore on or after the effective date for those goods, unless the importer or manufacturer is a registered supplier of those goods. [24/2017] | (2) Any importer or manufacturer that contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. [24/2017] |
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| Subdivision (3) — Registration of suppliers and goods |
| Registration of suppliers and regulated goods |
13.—(1) Any importer or manufacturer that intends to supply any regulated goods in Singapore may apply to the Director‑General —| (a) | to be registered as a registered supplier; and | | (b) | where the importer or manufacturer intends to supply any regulated goods that are required to be registered under section 12, to register those goods. [24/2017] |
(2) The Director‑General may register, subject to any condition the Director‑General thinks fit to impose, or refuse to register —| (a) | any applicant as a registered supplier; or | | (b) | any regulated goods that the applicant intends to supply in Singapore as registered goods. [24/2017] |
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| (3) The registration of any registered supplier or any registered goods is not transferable without the written approval of the Director‑General. [24/2017] |
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| Register of registered suppliers and registered goods |
14.—(1) The Director‑General must keep and maintain a register in which is entered such particulars of the registered suppliers and the registered goods as the Director‑General may determine.(2) Where the registration of any registered supplier or any registered goods has been withdrawn or revoked or has expired (as the case may be), the Director‑General may —| (a) | remove the particulars of the registered supplier or the registered goods from the register; or | | (b) | indicate the fact of the withdrawal, revocation or expiry of registration against the particulars of the registered supplier or the registered goods in the register, as the case may be. |
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| (3) The Director‑General may, upon an application by any person accompanied by such fee as may be prescribed, provide a certified copy of an entry in the register to that person. |
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| Duration and renewal of registration |
15.—(1) The registration of any registered supplier remains valid unless withdrawn or revoked under section 16.| (2) The registration of any registered goods, including any renewal of such registration, is valid for 3 years unless earlier withdrawn or revoked under section 16. |
| (3) An application to renew the registration of any registered goods must be made before the expiry of the registration. [24/2017] |
| (4) The Director‑General may renew the registration of any registered goods subject to any condition the Director‑General thinks fit to impose, or refuse to renew the registration. |
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| Withdrawal or revocation of registration |
16.—(1) The Director‑General may withdraw the registration —| (a) | of any registered supplier where the registered supplier applies to the Director‑General to withdraw the registered supplier’s registration; or | | (b) | of any registered goods which a registered supplier ceases to supply in Singapore, where the registered supplier applies to the Director‑General to withdraw the registration. |
(2) The Director‑General may revoke the registration of any registered supplier after giving notice to the registered supplier and after such inquiry as the Director‑General thinks fit —| (a) | if the registered supplier procured the registration by providing any particulars, information or document, or by making any statement or representation, to the Director‑General which is false or misleading in any material particular; | | (b) | if the Director‑General is satisfied that the registered supplier has contravened any condition of the registration; | | (c) | if the registered supplier has been convicted of —| (i) | an offence under section 12(2) as in force before 1 January 2018 of supplying registrable goods that do not meet the minimum energy efficiency standards prescribed for those goods; or | | (ii) | an offence under section 12(2) of making a prohibited supply of regulated goods, being goods that do not meet any requirement under section 12(4)(b) applicable to the regulated goods; or |
| | (d) | in the event of such other occurrence or in such other circumstances as may be prescribed. [24/2017] |
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(3) The Director‑General may revoke the registration of any registered goods after giving notice to the registered supplier supplying those goods and after such inquiry as the Director‑General thinks fit, if the Director‑General is satisfied —| (a) | that the registered goods do not conform with the results of any test or examination furnished by the registered supplier to the Director‑General under this Part; | | (b) | that the regulated goods do not meet any requirement under section 12(4) applicable to the regulated goods and not waived under section 31B(1); | | (c) | that a modification to the registered goods has resulted in a change that affects the energy efficiency of the registered goods; | | (d) | that the registered supplier has procured the registration of the registered goods by providing any particulars, information or document, or by making any statement or representation, to the Director‑General which is false or misleading in any material particular; | | (e) | that the registered supplier has contravened any condition of the registration of the registered goods; or | | (f) | that the registered supplier has contravened any provision of this Act in relation to the registered goods. [24/2017] |
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| (4) The Director‑General must, within 14 days after revoking any registration under subsection (2) or (3), inform the registered supplier in writing of the revocation and the grounds for the revocation. |
(5) Where the registration of any registered goods has been withdrawn under subsection (1)(b) or revoked under subsection (3), it is the duty of every registered supplier of those goods to notify every other person —| (a) | to whom the registered supplier has supplied those goods; and | | (b) | who, in the course of any trade or business, supplies those goods in Singapore, |
| of the withdrawal or revocation of the registration of the goods. |
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17.—(1) Any importer or manufacturer who is aggrieved by a decision of the Director‑General —| (a) | refusing to register the importer or manufacturer as a registered supplier, or refusing to register any regulated goods as registered goods, under section 13(2); | | (b) | refusing to renew the registration of any registered goods under section 15(4); | | (c) | to impose any condition under section 13(2) or 15(4); or | | (d) | to revoke the registration of any registered supplier under section 16(2) or the registration of any registered goods under section 16(3), |
| may, within 14 days after the date of receipt of the notice informing the importer or manufacturer of the decision of the Director‑General, appeal in writing to the Minister against the decision. |
[24/2017] | (2) The Minister may confirm, vary or reverse the decision of the Director‑General appealed against, or give any directions in the matter as the Minister thinks fit. |
| (3) The decision of the Minister under subsection (2) is final. |
(4) Even though any appeal under subsection (1) is pending —| (a) | any condition imposed by the Director‑General under section 13(2) or 15(4); | | (b) | any revocation of the registration of any registered supplier under section 16(2); or | | (c) | any revocation of the registration of any registered goods under section 16(3), |
| takes effect from the date specified by the Director‑General in his or her decision, unless the Minister otherwise directs. |
[24/2017] |
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| 18.—(1) A registered supplier must keep and maintain complete and accurate records containing such information and in accordance with such requirements, as may be prescribed under section 78. [24/2017] (2) The registered supplier mentioned in subsection (1) must —| (a) | retain the records mentioned in that subsection for at least the prescribed period; | | (b) | during the prescribed period mentioned in paragraph (a), make available for inspection by the Director‑General or any authorised officer, the records mentioned in that subsection when so requested by the Director‑General or any authorised officer; and | | (c) | submit to the Director‑General the records mentioned in subsection (1), and any other record, document or information, that the Director‑General requires, in the time specified by the Director‑General. [24/2017] |
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| (3) Any registered supplier that contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. [24/2017] |
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| Power of Director-General to require regulated goods for testing or analysis and furnishing of information |
19.—(1) The Director‑General may require any person carrying on a trade or business which consists of or includes the supply of any regulated goods —| (a) | to provide free of charge to the Director‑General samples of the regulated goods for the purpose of testing or analysis; and | | (b) | to provide to the Director‑General any document or information that the Director‑General requires in respect of those regulated goods or the supply of those regulated goods. [24/2017] |
| (2) Any person who contravenes any requirement of the Director‑General under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. [24/2017] |
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| False statements, forging of documentation, etc. |
20. Any person who —| (a) | in relation to an application for registration made under section 13(1) or to renew the registration made under section 15(3), makes or causes to be made any statement or declaration which is false or misleading in any material particular; | | (b) | makes or causes to be made any entry in a record, register or other document required to be kept under this Part which to the person’s knowledge is false or misleading in any material particular; or | | (c) | in response to any request of the Director‑General under section 19, furnishes any document or information which to the person’s knowledge is false or misleading in any material particular, |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both. |
[24/2017] |
| Division 2 — Measures for business activities and premises |
| Subdivision (1) — Interpretation |
[24/2017] | Interpretation of this Division |
21. In this Division, unless the context otherwise requires —| “registered corporation” means any registrable corporation registered under section 23 as such; |
| “registered relevant person” means any registrable relevant person registered under section 23A as such; [Act 39 of 2024 wef 01/12/2025] |
| “registrable corporation” means any corporation declared, or which qualifies, by an order under section 22 to be such, but does not include a transport facility operator under Part 4; [24/2017] [Act 39 of 2024 wef 01/12/2025] |
| “registrable relevant person” means a relevant person within the meaning given by section 26B(1) who has operational control over any business activity or premises or a part of any business activity or premises, in which any prescribed energy‑consuming system or a part of a prescribed energy‑consuming system is situated. [Act 39 of 2024 wef 01/12/2025] |
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| Subdivision (2) — Registration of corporations and relevant persons |
[Act 39 of 2024 wef 01/12/2025] [24/2017] 22.—(1) The Minister may, after consultation with the Agency, by order in the Gazette —| (a) | declare any qualifications by which a corporation qualifies as a registrable corporation; and | | (b) | specify a period within which a registrable corporation must apply to be registered under section 23. |
(2) The order under subsection (1) may describe the class, description or type of registrable corporation, or the qualifications of a registrable corporation, in terms of one or more of the following:| (a) | a particular industry or industry sector; | | (b) | a type of business activity or type of premises over which a corporation has operational control; | | (c) | an energy use threshold attained by a business activity, or by one or more premises, over which a corporation has operational control. |
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| Registration of registrable corporation |
| 23.—(1) Any corporation which qualifies as a registrable corporation must, within the period specified in the order under section 22(1), apply to the Director‑General to be registered. [24/2017] (2) The Director‑General must register a corporation if the Director‑General is satisfied that —| (a) | the corporation is a registrable corporation; and | | (b) | the application for registration is in order. |
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| (3) The registration of any registered corporation remains valid until it is cancelled under section 25. |
| (4) A registrable corporation which fails to apply to the Director‑General to be registered within the time specified in the order shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. |
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| Registration of registrable relevant person |
23A.—(1) A registrable relevant person must apply to the Director‑General for registration —| (a) | if the person is a registrable relevant person as at the date of commencement of section 4 of the Energy Conservation (Amendment) Act 2024 (called in this section the appointed date) — within the prescribed period after the appointed date; and | | (b) | if the person becomes a registrable relevant person after the appointed date — within the prescribed period after the date on which the person became a registrable relevant person. |
(2) The Director‑General must register a person if the Director‑General is satisfied that —| (a) | the person is a registrable relevant person; and | | (b) | the application for registration is in order. |
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| (3) The registration of a registered relevant person remains valid until the registration is cancelled under section 25. |
| (4) A registrable relevant person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. |
[Act 39 of 2024 wef 01/12/2025] |
| Register of registered corporations and registered relevant persons |
| 24.—(1) The Director‑General must keep and maintain a register in which is entered such particulars of the registered corporations and registered relevant persons as the Director‑General may determine. [Act 39 of 2024 wef 01/12/2025] (2) Where the registration of any registered corporation or registered relevant person has been cancelled under section 25, or the Director‑General is satisfied that any registered corporation or registered relevant person has been wound up or dissolved, the Director‑General may —| (a) | remove the particulars of the registered corporation or registered relevant person from the register; or [Act 39 of 2024 wef 01/12/2025] | | (b) | indicate the fact of the cancellation against the particulars of the registered corporation or registered relevant person in the register. [24/2017] [Act 39 of 2024 wef 01/12/2025] |
[Act 39 of 2024 wef 01/12/2025] |
| (3) The Director-General may, upon an application by any person accompanied by such fee as may be prescribed, provide a certified copy of an entry in the register to that person. |
[Act 39 of 2024 wef 01/12/2025] |
| Corporation and relevant person may apply to cancel registration |
25.—(1) A registered corporation may apply to the Director‑General to cancel its registration —| (a) | subject to paragraph (b), if the registered corporation no longer qualifies as a registrable corporation; | | (b) | in the case where the registered corporation had qualified as a registrable corporation by reason of any business activity or premises under its operational control having attained an energy use threshold, if that business activity or premises (as the case may be) of the registered corporation ceased to attain the energy use threshold for a continuous period of at least 3 years immediately preceding the application; or | | (c) | in the event of such other occurrence or in such other circumstances as may be prescribed. |
(1A) A registered relevant person may apply to the Director‑General to cancel the registered relevant person’s registration —| (a) | if the registered relevant person no longer qualifies as a relevant person; | | (b) | if a prescribed energy‑consuming system or a part of a prescribed energy‑consuming system in the business activity or premises under the operational control of the registered relevant person is or is to be decommissioned; or | | (c) | in the event of such other occurrence or in such other circumstances as may be prescribed. |
[Act 39 of 2024 wef 01/12/2025] |
| (2) The Director‑General must cancel the registration of any registered corporation or registered relevant person if the Director‑General is satisfied that any of the grounds for cancellation in subsection (1) or (1A) (as the case may be) are made out. [Act 39 of 2024 wef 01/12/2025] |
| (3) The Director‑General must, within 14 days after cancelling the registration of any corporation or relevant person under subsection (2), inform the corporation or relevant person (as the case may be) in writing of the cancellation. [Act 39 of 2024 wef 01/12/2025] |
[Act 39 of 2024 wef 01/12/2025] |
| Power of Director-General to ascertain if corporation or relevant person is registrable |
26.—(1) The Director‑General may, for the purpose of ascertaining whether any corporation qualifies as a registrable corporation or any relevant person qualifies as a registrable relevant person, do all or any of the following:| (a) | by written notice, require the corporation or relevant person (as the case may be) to —| (i) | carry out any test or inspection that the Director‑General may specify; or | | (ii) | provide to the Director‑General any report, document or information that the Director‑General may require in respect of any business activity or premises of the corporation or relevant person; [Act 39 of 2024 wef 01/12/2025] |
[Act 39 of 2024 wef 01/12/2025] | | (b) | enter the premises of the corporation or relevant person during normal business hours and carry out any test or inspection that the Director‑General may think necessary. [23/2018] [Act 39 of 2024 wef 01/12/2025] |
[Act 39 of 2024 wef 01/12/2025] | (2) Any person who, without reasonable excuse, fails to comply with any requirement of the Director‑General under subsection (1)(a) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. |
[Act 39 of 2024 wef 01/12/2025] |
| Subdivision (3) — Energy management practices |
[24/2017] | Energy efficiency opportunities assessments for new ventures |
26A.—(1) Where a new venture of any person (whether or not a registered corporation) will have an energy use (determined in accordance with the prescribed method or a method that satisfies the prescribed criteria) that equals or exceeds the prescribed threshold, the person must, before applying for a clearance certificate or design certificate for the new venture under section 33D or 33E of the Environmental Protection and Management Act 1999 —| (a) | ensure that the design of the new venture facility is energy efficient, by conducting an energy efficiency opportunities assessment that satisfies the prescribed requirements; and | | (b) | submit a report of the assessment to the Director-General for the approval of the Director-General. [24/2017] [Act 23 of 2023 wef 18/12/2023] |
(2) The report mentioned in subsection (1)(b) must —| (a) | be submitted through the qualified person appointed under section 8 or 11 of the Building Control Act 1989 in respect of the building works for the facility mentioned in subsection (1)(a), or any person who satisfies the prescribed criteria; and | | (b) | without affecting section 78(2)(d), include information on the proposed implementation by the person mentioned in subsection (1) of any part of the energy efficiency opportunities assessment. [24/2017] |
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| (3) Any person that contravenes subsection (1) shall be guilty of an offence. [24/2017] |
(4) In this section —| “energy efficiency opportunities assessment” has the meaning given by section 27B(3); |
“new venture”, in relation to any person, means —| (a) | any new business activity or any premises of the person; or | | (b) | any expansion of any existing business activity or any premises of the person, |
| (c) | the new business activity or premises or expansion of the existing business activity or premises will be a prescribed business activity or premises; and | | (d) | either of the following applies:| (i) | as at 1 January 2018, the person has not applied to the competent authority for planning permission under the Planning Act 1998 for the new business activity or premises or expansion of the existing business activity or premises; | | (ii) | as at 1 December 2025, the new business activity or premises or expansion of the existing business activity or premises is not one that is authorised by the Minister charged with the responsibility for national development under section 21(6) of the Planning Act 1998; |
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[Act 39 of 2024 wef 01/12/2025] |
| “new venture facility” means the facility at which a new venture is to be carried out. [24/2017] |
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| (5) To avoid doubt, nothing in this section applies to any new business activity or premises or any expansion of any existing business activity or premises that is authorised by the Minister charged with the responsibility for national development under section 21(6) of the Planning Act 1998 before 1 December 2025. [Act 39 of 2024 wef 01/12/2025] |
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| Minimum energy efficiency standards for prescribed energy‑consuming systems |
26B.—(1) The Minister may prescribe any person (whether or not a registered corporation) to be a relevant person.(2) A relevant person that is a registered relevant person must, in relation to each prescribed energy‑consuming system in any business activity or premises, or any part of any business activity or premises, under the operational control of the registered relevant person —| (a) | in the prescribed manner —| (i) | assess, at such times as may be prescribed, the energy efficiency of the prescribed energy‑consuming system using the prescribed measuring instruments; and | | (ii) | monitor the energy efficiency of the prescribed energy‑consuming system for the prescribed periods; and |
| | (b) | submit the following to the Director‑General:| (i) | a report of each assessment under paragraph (a)(i); | | (ii) | a report of the results of the monitoring under paragraph (a)(ii) for each prescribed period. |
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(3) If the energy efficiency of the prescribed energy‑consuming system does not meet the prescribed minimum energy efficiency standards, the Director‑General may in writing direct the registered relevant person concerned to, within the time period specified in the direction (or any longer time that the Director‑General may allow in any particular case) —| (a) | carry out any maintenance work or take any other measures in relation to the system to ensure that it meets the prescribed minimum energy efficiency standards, and carry out again an assessment described in subsection (2)(a)(i); and | | (b) | submit a report of the assessment to the Director‑General, |
| and the registered relevant person must comply with the direction. |
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| (4) Any person who, without reasonable excuse, contravenes subsection (2) or (3) shall be guilty of an offence. |
[Act 39 of 2024 wef 01/12/2025] |
| 26C. [Repealed by Act 23 of 2018 wef 01/01/2019] |
| Periodic reporting of energy use and production by registered corporations |
27.—(1) A registered corporation must submit to the Director‑General a report for each prescribed period specifying —| (a) | the energy consumption; and | | (b) | the energy production, |
| in that period from the operation of each prescribed business activity or premises, or any part of each prescribed business activity or premises, under the operational control of the registered corporation. |
[24/2017; 23/2018] | (2) Any registered corporation that contravenes subsection (1) shall be guilty of an offence. [24/2017; 23/2018] |
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| Energy management systems of registered corporations |
27A.—(1) A registered corporation must —| (a) | implement an energy management system in respect of each prescribed business activity or premises, or any part of each prescribed business activity or premises, under the operational control of the registered corporation; | | (b) | ensure that every energy management system mentioned in paragraph (a) satisfies the prescribed requirements; and | | (c) | submit a report on every such energy management system to the Director‑General. [24/2017] |
| (2) Any registered corporation that contravenes subsection (1) shall be guilty of an offence. [24/2017] |
| (3) In this section, “energy management system” means a set of interrelated or interacting elements of the registered corporation to establish an energy policy, energy objectives, energy targets, action plans and processes to achieve the energy objectives and energy targets. [24/2017] |
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| Energy efficiency opportunities assessments by registered corporations |
27B.—(1) A registered corporation must —| (a) | conduct an energy efficiency opportunities assessment on each prescribed business activity or premises, or any part of each prescribed business activity or premises, under the operational control of the registered corporation; | | (b) | ensure that the energy efficiency opportunities assessment in paragraph (a) —| (i) | is conducted at the prescribed times; and | | (ii) | satisfies the prescribed requirements; and |
| | (c) | submit a report of every such energy efficiency opportunities assessment to the Director‑General. [24/2017] |
| (2) Any registered corporation that contravenes subsection (1) shall be guilty of an offence. [24/2017] |
| (3) In this section, “energy efficiency opportunities assessment” means a systematic procedure by which adequate knowledge of the energy consumption profile of any business activities or premises, and cost‑effective energy efficiency opportunities are identified and quantified. [24/2017] |
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| Energy efficiency improvement plans of registered corporations |
| 28.—(1) A registered corporation must submit to the Director‑General an energy efficiency improvement plan for each prescribed period in respect of each prescribed business activity or premises, or any part of each prescribed business activity or premises, under the operational control of the registered corporation. [24/2017] | (2) Without affecting section 78(2)(d), an energy efficiency improvement plan under subsection (1) must include information on the implementation of any part of the plan. [24/2017] |
| (3) Any registered corporation that contravenes subsection (1) shall be guilty of an offence. [24/2017] |
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29.—(1) A person that is required under this Division to submit any report or plan to the Director‑General must keep and maintain complete and accurate records containing such information, and in accordance with such other requirements, as may be prescribed under section 78, relating to —| (a) | those reports and plans, including the preparation and submission of the reports and plans; and | | (b) | monitoring and evaluation undertaken by the person to ensure compliance with this Act (except Part 4). [24/2017] |
(2) The person mentioned in subsection (1) must —| (a) | retain the records mentioned in that subsection for at least the prescribed period; | | (b) | during the prescribed period mentioned in paragraph (a), make available for inspection by the Director‑General or any authorised officer, the records mentioned in subsection (1) when so requested by the Director‑General or any authorised officer; and | | (c) | submit to the Director‑General the records mentioned in subsection (1), and any other record, document or information, that the Director‑General may require, in the time specified by the Director‑General. [24/2017] |
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| (3) Any person that contravenes subsection (1) or (2) shall be guilty of an offence. [24/2017] |
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| Appointment of energy manager |
30.—(1) Unless granted a waiver under section 31B, every registered corporation must appoint from among its employees the number of energy managers prescribed for that class, description or type of registered corporation, each being an employee who has the prescribed qualifications and training to carry out all of the following functions:| (a) | assist the registered corporation generally to comply with the provisions of this Act; [Act 39 of 2024 wef 01/12/2025] | | (b) | train and educate employees of the registered corporation as to the energy conservation practices of the registered corporation; | | (c) | encourage energy conservation efforts by the registered corporation; | | (d) | carry out any other duties that may be prescribed. [24/2017] |
| (2) A registered corporation must notify the Director‑General of every appointment of an energy manager within the prescribed period. |
| (3) Where the Director‑General is of the opinion that an energy manager is not suitably qualified, having regard to the prescribed qualifications or training (including any prescribed requirements relating to continuing education or training), the Director‑General may direct the registered corporation to appoint another suitably qualified energy manager in place of the firstmentioned energy manager within a specified time, and the registered corporation must comply with that direction. |
(4) If any energy manager appointed under subsection (1) for any reason vacates his or her appointment —| (a) | both the registered corporation and the energy manager must each, within the prescribed period, notify the Director‑General of that fact; and | | (b) | if the energy manager who vacates his or her office is the only energy manager of the registered corporation, the registered corporation must —| (i) | without delay appoint under subsection (1) another energy manager in substitution of the firstmentioned energy manager; and | | (ii) | within the prescribed period, notify the Director‑General of that substitute appointment. |
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| (5) Any registered corporation which contravenes subsection (1), (2), (3) or (4) shall be guilty of an offence. |
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| Data not to be falsified, etc. |
31. Any person that —| (a) | makes any statement in any report or plan required for submission to the Director‑General under this Act, knowing it to be false or misleading; | | (b) | provides any statement, information or document in connection with a report or plan mentioned in paragraph (a) to the Director‑General, knowing it to be false or misleading; | | (c) | falsifies any data required for a report or plan mentioned in paragraph (a) or otherwise required to be submitted to the Director‑General under this Act; or | | (d) | makes any entry or omission in any record required to be kept under this Act, knowing it to be false or misleading, or makes any record containing a statement knowing it to be false or misleading, |
| shall be guilty of an offence. |
[24/2017] |
| Division 3 — General provisions for this Part |
| Subdivision (1) — Reports, waivers, penalties, etc. |
| 31A.—(1) A requirement to submit a report or a plan under this Part to the Director‑General is a requirement to do so in accordance with any requirements prescribed under section 78 for the report or plan, including its preparation and submission. [24/2017] (2) The Director‑General may, in respect of any incomplete or inaccurate report or plan submitted, in writing direct the person required to submit the report or plan to, within the time period specified in the direction (or any longer time that the Director‑General allows in the particular case) —| (a) | carry out any rectification or re‑computation that the Director‑General requires; and | | (b) | resubmit the report or plan, |
| and the person must comply with the direction. |
[24/2017] |
| (3) Any person that contravenes subsection (2) shall be guilty of an offence. [24/2017] |
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| Power of Director-General to waive requirements |
| 31B.—(1) A person that, in any particular case, is unable to comply with any requirement under section 12 for any regulated goods that the person intends to supply, may apply in writing to the Director‑General for a waiver and the Director‑General may, upon being satisfied that there are good reasons to do so, waive the requirement for any of those goods. [24/2017] (2) A person who, in any particular case, is unable to comply with section 23A, 26A, 26B, 27A, 27B or 28 may apply in writing to the Director‑General for a waiver and the Director‑General may, upon being satisfied that there are good reasons to do so, waive the application of that provision —| (a) | generally or for a specified period of time; and | | (b) | for any specified business activity or premises, or a part of any specified business activity or premises. [24/2017] |
[Act 39 of 2024 wef 01/12/2025] |
| (3) Without affecting subsection (2), a person that, in any particular case, is unable to comply with a prescribed minimum energy efficiency standard under section 26B for a prescribed energy‑consuming system, may apply in writing to the Director‑General for a modification of the standard and the Director‑General may, upon being satisfied that there are good reasons to do so, modify the standard, subject to any condition that the Director‑General may impose; and the modified standard applies to the person in lieu of the prescribed standard accordingly. [24/2017] |
| (4) A person that, in any particular case, is unable to comply with section 27 or 30 may apply in writing to the Director‑General for a waiver and the Director‑General may, upon being satisfied that there are good reasons to do so, waive the application of that provision for a specified period of time. [24/2017; 23/2018] |
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| Penalties for non-compliance |
32.—(1) Any person guilty of an offence under section 26A(3) (in relation to a contravention of section 26A(1)(b)), 26B(4) (in relation to a contravention of section 26B(2)(b) or (3)(b)), 27(2), 27A(2), 27B(2), 28(3), 29(3), 30(5) or 31A(3) shall be liable —| (a) | on the first conviction of that offence, to a fine not exceeding $10,000; and | | (b) | on a second or subsequent conviction of an offence under the same provision (and the same contravention where applicable) or if the person was previously convicted of an offence under a related provision, to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after that second or subsequent conviction. [24/2017; 23/2018] |
(2) The following apply for the purpose of subsection (1)(b):| (a) | for an offence under section 27(2) (in relation to a contravention of section 27(1)), a related provision is section 27(1) as in force immediately before 1 January 2018; | | (b) | for an offence under section 28(3), a related provision is section 29(1) as in force immediately before 1 January 2018; | | (c) | for an offence under section 29(3), a related provision is section 28(1), (2) or (3) as in force immediately before 1 January 2018; | | (d) | for an offence under section 31A(3), a related provision is section 27(4)(a) (in relation to a resubmission of a report) or (b) or 29(4) (as the case may be) as in force immediately before 1 January 2018. [24/2017] |
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| (3) Any person guilty of an offence under section 26A(3) (in relation to a contravention of section 26A(1)(a)) shall be liable on conviction to a fine not exceeding $100,000. [24/2017] |
| (4) Any person guilty of an offence under section 26B(4) (in relation to a contravention of section 26B(2)(a) or (3)(a)) shall be liable on conviction to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction. [24/2017] |
| (5) Any person guilty of an offence under section 31 shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both. [24/2017] |
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| Subdivision (2) — Powers of enforcement |
| Entering premises, etc., to monitor compliance |
33. For the purposes of administering or enforcing this Part or determining whether this Part has been complied with, an authorised officer may, upon declaring the authorised officer’s office and producing to an occupier of premises the identification card the Director‑General directs to be carried by authorised officers, do all or any of the following:| (a) | enter any premises —| (i) | during normal business hours without notice; or | | (ii) | at any other time after giving not less than 6 hours’ previous notice to the occupier of the premises (unless the occupier has consented to a shorter period of notice); |
| | (b) | exercise any of the powers set out in sections 34, 35 and 36. [24/2017] |
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| Powers of authorised officers in monitoring compliance |
34.—(1) An authorised officer may exercise all or any of the following powers in relation to premises under section 33:| (a) | search the premises for any thing that may relate to compliance with this Part; | | (b) | examine any activity conducted on the premises that may relate to information provided for the purposes of this Part; | | (c) | examine any thing on the premises that may relate to information provided for the purposes of this Part; | | (d) | take photographs or make video or audio recordings or sketches on the premises of any such activity or thing; | | (e) | affix or bring onto the premises, with such assistants and workmen as may be necessary, any meter or instrument and take readings from the meter or instrument, or take readings from any meter or instrument on the premises; | | (f) | inspect any document on the premises that may relate to information provided for the purposes of this Part; | | (g) | take extracts from, or make copies of, any such document; | | (h) | take onto the premises such equipment and materials as the authorised officer requires for the purpose of exercising powers in relation to the premises; | | (i) | seize any thing found during the exercise of monitoring powers on the premises which the authorised officer believes on reasonable grounds affords evidence of a contravention of this Part. |
(2) An authorised officer may, in addition to the powers in subsection (1) —| (a) | compel any person who is able to operate any equipment at the premises to do so for the purpose of enabling the authorised officer to ascertain whether the equipment, or a disk, tape or other storage device that can be used or associated with the equipment, contains information that is relevant to assessing compliance with this Part; and | | (b) | if such information is found in exercise of the power in paragraph (a) —| (i) | produce, or compel the production of, the information in documentary form, and keep or copy the documents so produced; or | | (ii) | transfer, or compel the transfer of, the information to a disk, tape or other storage device, and remove it from the premises. |
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| Authorised officer may require persons to provide information and produce documents |
35.—(1) For the purposes of administering or enforcing this Part or determining whether this Part has been complied with, an authorised officer may (in connection with section 33 or otherwise) —| (a) | require any person to provide to the authorised officer any information within the knowledge of that person; and | | (b) | require any person to produce to the authorised officer any document in the person’s custody or under the person’s control in connection with the matter. [24/2017] |
(2) The authorised officer may —| (a) | specify a time and place at which a person must provide the information or produce the document under subsection (1); and | | (b) | without payment —| (i) | inspect, keep, copy, or make extracts from, a document produced or made available to the authorised officer under this section; and | | (ii) | in relation to a document kept in electronic form, inspect, copy, or make extracts from, the document in legible form. [24/2017] |
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| (3) Where a document is kept in electronic form, the power of the authorised officer to require the document to be produced includes the power to require the document to be made available to the authorised officer in legible form. [24/2017] |
| (4) To avoid doubt and without limiting subsection (1), that subsection applies to a person who supplies any energy‑consuming system prescribed under section 26B, or any equipment relating to such system, or both, in respect of information and documents relating to such supplies. [24/2017] |
| (5) Any person who, without reasonable excuse, refuses or fails to comply with a requirement under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. |
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| Power to demand names and addresses |
36.—(1) An authorised officer may require any person found on the premises under section 33 to —| (a) | give his or her name and address and any other proof of identity; and | | (b) | provide any other particulars, |
| as the authorised officer may require for the purposes of this Part. |
(2) Any person who, upon being required by the authorised officer to give his or her name and address or other proof of identity or to provide any particulars under subsection (1) —| (a) | refuses to do so; | | (b) | wilfully misstates his or her name and address or proof of identity; or | | (c) | provides false particulars, |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. |
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| Authorised officers to be provided with all facilities and assistance |
| 37. Where the Director‑General or any authorised officer exercises a power under this Part, the person against whom the power is exercised or sought to be exercised must provide the Director‑General, authorised officer or any person assisting the Director‑General or authorised officer (as the case may be) with all reasonable facilities and assistance for the effective exercise of the power. [24/2017] |
| Penalty for obstructing Director‑General or authorised officer in course of duty |
38. Any person who at any time hinders or obstructs the Director‑General or any authorised officer in the performance or execution of his or her duty or of any thing which he or she is empowered or required to do under this Part shall be guilty of an offence and shall be liable on conviction —| (a) | to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both; and | | (b) | in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 months or to both. |
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