Energy Conservation (Energy Management Practices) Regulations 2013

No. S 246

Energy Conservation Act 2012

(ACT 11 OF 2012)

Energy Conservation
(Energy Management Practices)
Regulations 2013

In exercise of the powers conferred by sections 2, 3(3), 23(1) and (2), 24(3), 25(1), 27(1) and (2), 28(1) and (2), 29(1) and (2), 30(1), (2) and (4) and 78 of the Energy Conservation Act 2012, the Minister for the Environment and Water Resources hereby makes the following Regulations:

PART I

PRELIMINARY

Citation and commencement

1. These Regulations may be cited as the Energy Conservation (Energy Management Practices) Regulations 2013 and shall come into operation on 22nd April 2013.

Definitions

2. In these Regulations, unless the context otherwise requires —

“chief executive” means any person, by whatever name described, who is in the direct employment of, or acting for or by arrangement with, a corporation, and is principally responsible for the management and conduct of the business of the corporation;

“energy” has the same meaning as in the Energy Conservation (Registrable Corporations) Order 2013 (G.N. No. S 248/2013);

“energy commodity” has the same meaning as in the Energy Conservation (Registrable Corporations) Order 2013;

“energy consumption” has the same meaning as “consumption of energy” in the Energy Conservation (Registrable Corporations) Order 2013;

“energy-consuming system” means any piece of equipment or pieces of equipment working together to perform a task or support one or more processes which consume fuel or energy commodities, including but not limited to any of the following:

(a)	fuel combustion system;
(b)	heating, ventilation and air-conditioning system (including air handling system);
(c)	cooling system;
(d)	system used to produce or generate energy commodity or commodities;
(e)	system used for bonding, separation, conversion, treatment, testing or processing;
(f)	system used for pumping, movement, transportation, mixing or recovery;

“feedstock” refers to any fuel or energy commodity that is used as raw material to produce products containing carbon;

“greenhouse gas” refers to any of the gases as specified in the First Schedule;

“registrable corporation” has the same meaning as in the Energy Conservation (Registrable Corporations) Order 2013;

“relevant business activity” means a business activity under the operational control of the registered corporation that —

(a)	resulted in the corporation’s registration; or
(b)	would have qualified the corporation as a registrable corporation if it was not already so registered;

“specific energy consumption” means a measure of the energy consumption of the business activity or energy-consuming system, as the case may be, that is expressed —

(a)	by reference to a unit of production or service that is reasonably relevant to the business activity or energy-consuming system, its energy use, or both; and
(b)	providing a metric (number) and a measure (production unit or unit relevant to the service).

Circumstances in which activity or activities (including ancillary activities) will form part of single undertaking or enterprise

3.—(1) For the purposes of section 3(1)(b) of the Act, this regulation specifies the circumstances in which an activity, or a series of activities, will form part of a single undertaking or enterprise.

(2) Activities that together produce one or more products or services (referred to in this regulation as the primary production process) will form part of a single undertaking or enterprise if the activities take place at a single site.

(3) If there is another activity or series of activities (referred to in this regulation as the other production process) that —

(a)	is under the overall control of the corporation that has overall control of the primary production process; and
(b)	produces one or more other products or services for the primary production process (which are not used solely in the primary production process),

then provided that other production process takes place at the same site as the primary production process, all of the activities in the primary production process and the other production process will form part of a single undertaking or enterprise.

Activities to be attributable to same industry sector as principal activity

4.—(1) For the purposes of section 3(2) of the Act, this regulation specifies what activities that form part of a single undertaking or enterprise must be attributed to a particular industry sector.

(2) If activities will form part of a single undertaking or enterprise under regulation 3, then unless paragraph (3) applies, all of the activities are attributable to the particular industry sector that the principal activity for the undertaking or enterprise is attributable to.

(3) In this regulation, “principal activity”, in relation to a single undertaking or enterprise, means the activity that —

(a)	results in the production of a product or service that is produced for sale on the market; and
(b)	produces the most value for the single undertaking or enterprise out of any of the activities forming part of the single undertaking or enterprise.

Made this 17th day of April 2013.

CHOI SHING KWOK

Permanent Secretary,
Ministry of the Environment and
Water Resources,
Singapore.

[MEWR C030/01/129 V 5; AG/LLRD/SL/92C/2012/1 Vol. 3]

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