REPUBLIC OF SINGAPORE
GOVERNMENT GAZETTE
ACTS SUPPLEMENT
Published by Authority
NO. 31]Friday, August 16 [1991
The following Act was passed by Parliament on 29th July 1991 and assented to by the President on 6th August 1991:—
Public Utilities (Amendment) Act 1991

(No. 28 of 1991)

I assent.

WEE KIM WEE
President.
6th August 1991.
Date of Commencement: 16th August 1991
Date of Commencement: 15th September 1992
An Act to amend the Public Utilities Act (Chapter 261 of the 1990 Revised Edition).
Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:
Short title and commencement
1.  —
(1)  This Act may be cited as the Public Utilities (Amendment) Act 1991 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
(2)  The Minister may appoint different dates for the coming into operation of the different provisions of this Act.
Amendment of section 14
2.  Section 14 of the Public Utilities Act (referred to in this Act as the principal Act) is amended by deleting the words “, with the approval of the Minister,” in subsections (6) and (7).
Repeal and re-enactment of section 17
3.  Section 17 of the principal Act is repealed and the following section substituted therefor:
“Board may form companies
17.  The Board may —
(a)form or participate in the formation of any company for the purpose of carrying out all or any of the functions of the Board;
(b)with the approval of the Minister, form or participate in the formation of any company for such other purposes as may be approved by the Minister.”.
Repeal and re-enactment of section 33
4.  Section 33 of the principal Act is repealed and the following section substituted therefor:
“Investment of funds
33.  The Board may from time to time invest any of its funds not immediately required to be expended in the meeting of the obligations or in the discharge of the functions of the Board —
(a)in any of the securities in which trust funds may, under any written law for the time being in force relating to trustees, be invested except that the Minister may require the Board to invest in any such securities as he may direct; or
(b)with the approval of the Minister, in such other securities as the Board thinks fit.”.
Amendment of section 37
5.  Section 37 (1) of the principal Act is amended by deleting the words “Director of Finance” in the fifth line and substituting the words “chief executive officer”.
Amendment of section 45
6.  Section 45 of the principal Act is amended by inserting, immediately after the word “includes” in the ninth line of the definition of “electrical installation”, the words “a supply installation and any”.
New Part VA
7.  The principal Act is amended by inserting, immediately after Part V, the following Part:
“PART VA
GAS SUPPLY AND SAFETY AND LICENSING OF GAS SERVICE WORKERS
Interpretation
63A.  In this Part, unless the context otherwise requires —
“authorised officer” means an officer authorised by the Board for the purposes of this Part;
“gas” means gas supplied by the Board;
“gas fitting” includes any pipe, fitting, conveyance, valve, regulator or any other device used or to be used for the control and use of gas;
“gas installation” means an arrangement of gas fitting for utilisation of gas;
“gas main” means any pipe vested in and belonging to and under the control of the Board and used for the conveyance of gas but does not include a gas service pipe;
“gas service pipe” means the pipe between the gas main of the Board and a primary meter control for the use of gas on the premises of a consumer;
“gas service work” means any work carried out on any gas installation and includes the designing, installation, construction, erection, repair, addition, alteration or maintenance of any gas installation or any part thereof;
“gas supply system” means the gas mains, risers, gas service pipes, gas fittings and other related equipment for the purpose of supplying gas to consumers;
“gas tightness” means the freedom from leak when a gas supply system or gas installation or gas fitting is tested at the appropriate test pressure;
“hotwork” means any work involving the use of a local source of ignition and includes welding, gas-cutting, grinding, chipping and any process capable of generating heat, sparks or both, which may be capable of igniting flammable vapour or any other combustible material;
“licence” means a licence issued under this Part authorising the holder thereof to carry out such gas service work as is specified in the licence and “licensed” shall have a corresponding meaning;
“licensed gas service worker” means a person who holds a valid licence to carry out the gas service work specified in the licence.
Safety requirements
63B.  —
(1)  No person shall carry out any work in relation to a gas fitting in such a manner that gas may escape unless precautions are taken to prevent any escape of gas from being a danger to any person or property.
(2)  No person shall connect a gas installation to a source of gas supply without ensuring that every outlet is sealed with the appropriate fitting and the gas installation is tested for gas tightness.
(3)  Any person who disconnects a gas fitting shall, with the appropriate fitting, seal off every outlet of every pipe to which it is connected.
(4)  No person carrying out work in relation to a gas fitting which involves exposing any part of the gas installation which contains or has contained flammable gas shall smoke or use any source of ignition unless the gas installation has been purged so as to remove all such gas or has otherwise been made safe from risk of fire or explosion.
(5)  No person searching for an escape of gas from a gas fitting shall use any source of ignition unless the source of ignition is incorporated as part of an instrument designed for detection of gas.
(6)  Where a person carries out any work in relation to a gas fitting which might affect the gas tightness of the gas supply system, he shall immediately thereafter test the system for gas tightness on the nearest valves upstream and downstream in the system.
(7)  No person shall use any naked flame or carry out any hotwork in the vicinity where gas is known to be leaking.
(8)  Any person who fails to comply with or contravenes any of the provisions of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 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.
No building or structure over any gas main or gas service pipe
63C.  —
(1)  No person shall build, erect or construct any building or structure or shall permit to be built, erected or constructed any building or structure over any existing gas main or gas service pipe.
(2)  Any person who intends to build, erect or construct any building or structure which may, in the opinion of the Director of Gas Department, affect an existing gas main or gas service pipe shall apply to the authorised officer for approval and the authorised officer may refuse the application or grant the application on such terms and conditions as the authorised officer thinks fit.
(3)  Any owner or occupier whose premises is found to have any building or structure built, erected or constructed over an existing gas main or gas service pipe shall have the gas main or gas service pipe relocated or diverted away from under the building or structure at his own expense, failing which the authorised officer may take the necessary steps to relocate or divert the gas main or gas service pipe and charge the cost of such work to the owner or occupier.
(4)  Any person who fails to comply with or contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
No person to perform gas service work or to hold himself out as a gas service worker unless he is a licensed gas service worker
63D.  —
(1)  Subject to subsection (2), no person shall, unless he holds a valid licence —
(a)carry out or cause to be carried out or offer or undertake to carry out any gas service work;
(b)advertise or otherwise hold himself out or conduct himself in any way or by any means as a gas service worker or as a licensed gas service worker or as a person who carries or who is qualified by any written law to carry out gas service work.
(2)  The Board may from time to time, by notification in the Gazette, specify any gas service work which may be carried out by any person without a licence.
(3)  Any person who fails to comply with or contravenes subsection (1) 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 one year or to both.
No unlicensed gas service worker to be engaged
63E.  —
(1)  No person shall engage any person who is not a licensed gas service worker to carry out any gas service work other than the gas service work specified pursuant to section 63D(2).
(2)  Any person who fails to comply with or contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
Application for licence
63F.  —
(1)  Any person who desires to be a licensed gas service worker may apply to the Board for a licence.
(2)  Applications for a licence shall be made in such manner or form as the Board may determine and shall be accompanied by the prescribed fee and such documents and particulars as the Board may determine.
(3)  The Board may issue a licence either unconditionally or subject to such conditions as it thinks fit or may refuse to issue a licence.
(4)  The Board may issue different types of licence for different categories of gas service worker or for different types of gas service work.
(5)  The Board may vary or revoke any of the existing conditions of the licence or impose new conditions or vary, suspend or cancel a licence or replace any licence which has been lost, destroyed or defaced.
Regulations
63G.  —
(1)  The Board may, with the approval of the Minister, make regulations for carrying out the purposes of this Part and for any matter which is required under this Part to be prescribed.
(2)  Without prejudice to the generality of subsection (1), the Board may, with the approval of the Minister, make regulations —
(a)for the control of standards and safety requirements for gas installations, gas fittings, appliances and accessories and the manner in which such gas installations, gas fittings, appliances and accessories shall be erected, fixed, protected, inspected, tested, operated and maintained when connected to the gas supply system of the Board;
(b)for the approval and control of gas apparatus, appliances, equipment and material with the object of securing their safety in service when connected to the gas supply system of the Board and the prohibition of use, sale or hire of all gas apparatus, appliances, equipment and material which are in the opinion of the Board unsafe for use with gas supplied by the Board;
(c)prescribing the types of licences which may be issued, the form and duration of licences, the terms and conditions upon which and the circumstances in which licences may be issued, held, suspended, cancelled, altered, extended, renewed or replaced and the fees payable in respect thereof;
(d)prescribing the qualifications and other requirements required of applicants of such licences and the examination or testing of applicants for such licences and the fees payable in respect of such examination or testing and the circumstances in and conditions on which an applicant may be exempted from such examination or testing;
(e)for a register to be kept and maintained of all licences issued, the particulars to be entered in the register and for the publication of the names of licensed gas service workers; and
(f)prescribing the manner in which the Board may exercise its power and carry out its duties under this Part.
(3)  The Board may, in making regulations under this section, provide that contravention of or failure to comply with any provision thereof shall be an offence and may prescribe punishment by a fine not exceeding $5,000 or imprisonment for a term not exceeding one year or both.”.
Amendment of section 65
8.  Section 65 of the principal Act is amended —
(a)by deleting the word “No” in the first line of subsection (1) and substituting the words “Subject to subsection (1A), no”; and
(b)by inserting, immediately after subsection (1), the following subsection:
“(1A)  The Board may from time to time, by notification in the Gazette, specify any water service work which may be carried out by any person without a licence.”.
Amendment of section 73
9.  Section 73 of the principal Act is amended by deleting subsection (1) and substituting the following subsection:
“(1)  The Board may exchange or, with the approval of the Minister, sell any property vested in it by virtue of this Act or acquired by it for the purposes thereof either in block or in parcels, whichever the Board finds most convenient and advantageous to do.”.
Amendment of section 76
10.  Section 76 of the principal Act is amended by inserting, immediately after subsection (2), the following subsection:
“(2A)  Where an offence under subsection (2) is committed by any person acting as the agent or servant of another person, or being otherwise subject to the supervision or instructions of another person for the purposes of any employment in the course of which the offence was committed, that other person shall, without prejudice to the liability of the first-mentioned person, be liable under that subsection in the same manner and to the same extent as if he had personally committed the offence unless and until he shows to the satisfaction of the court that the offence was committed without his consent or connivance or that it was not attributable to any neglect on his part.”.
New section 85A
11.  The principal Act is amended by inserting, immediately after section 85, the following section:
“Penalty or late payment charge
85A.  The Board may, with the approval of the Minister, prescribe a penalty or late payment charge (such penalty or late payment charge, if unpaid, to constitute a debt due to the Board and be recoverable as such) to be paid by the consumer of the Board for late payment of any fee or charge payable under this Act. ”.
Repeal and re-enactment of section 87
12.  Section 87 of the principal Act is repealed and the following section substituted therefor:
“Presumption against consumer
87.  In any prosecution for an offence under section 81, the existence of —
(a)any device for altering the index of any meter or for preventing any meter from duly registering the quantity of water, gas or electricity supplied by the Board; or
(b)any hole on the meter cover of any meter supplied by the Board,
when the meter is under the custody or control of the consumer, shall be prima facie evidence that the consumer has altered, tampered with or wilfully damaged the meter.”.
New sections 96A and 96B
13.  The principal Act is amended by inserting, immediately after section 96, the following sections:
“Duty to enquire before excavation
96A.  —
(1)  No person shall dig, bore, trench, grade, excavate or break any ground with any mechanical equipment or explosives or allow his servant or agent to do so without first ascertaining the location of any main, cable or pipe belonging to or under the management or control of the Board that may be interfered with.
(2)  Any person who fails to comply with or contravenes subsection (1) shall be guilty of an offence.
Returns and information
96B.  —
(1)  The Board or any officer of the Board authorised in that behalf by the Director of Finance, the Director for the Electricity Department, the Director for the Water Department or the Director for the Gas Department may, by notice, require any person to furnish to the Board or the person so authorised, within such period as shall be specified in the notice, all such returns or information relating to all such matters as may be necessary for the Board under this Act and as are within the knowledge of that person or in his custody or under his control.
(2)  Any person who fails to comply with any requirement of the notice given under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.”.
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