Statute Details
- Title: Energy Conservation (Exemption for New Ventures) Order 2017
- Act Code: ECA2012-S750-2017
- Legislative Type: Subsidiary Legislation (SL)
- Authorising Act: Energy Conservation Act (Cap. 92C)
- Enacting Power: Powers conferred by section 77 of the Energy Conservation Act
- Commencement: 1 January 2018
- Key Provisions: Section 1 (Citation and commencement); Section 2 (Exemption)
- Instrument Number: No. S 750
- Made Date: 11 December 2017
- Current Version Status: Current version as at 27 Mar 2026
- Related Legislation: Energy Conservation Act; Planning Act (Cap. 232)
What Is This Legislation About?
The Energy Conservation (Exemption for New Ventures) Order 2017 is a targeted piece of subsidiary legislation made under the Energy Conservation Act (Cap. 92C). In practical terms, it modifies when a statutory provision in the Energy Conservation Act applies to “new ventures” by a person. Rather than creating a broad new regulatory regime, the Order operates as a narrow timing and eligibility rule for an exemption.
The Order is concerned with section 26A of the Energy Conservation Act. That provision—by its placement within the Act—typically relates to energy conservation obligations that may be triggered for certain activities or developments. This Order provides that section 26A does not apply to a new venture unless a specific condition is met. The condition is linked to the timing of the applicant’s first application for planning permission under the Planning Act (Cap. 232).
In plain language, the Order ensures that the energy conservation rule in section 26A is not automatically applied to every “new venture” immediately upon the Order’s commencement. Instead, it draws a line: only new ventures for which the person first applies for planning permission on or after a specified date will be caught by section 26A. This is a classic legislative technique used to manage transitional effects and avoid unintended consequences for projects already in the pipeline.
What Are the Key Provisions?
Section 1: Citation and commencement is straightforward. It provides the short title of the instrument and states that it comes into operation on 1 January 2018. For practitioners, this matters because the exemption rule in section 2 applies only from the commencement date, and the relevant planning-permission timing is measured against the date specified in section 2.
Section 2: Exemption is the substantive provision. It states that section 26A of the Energy Conservation Act does not apply in relation to a new venture of a person unless the new venture is one for which the person first applies on or after 1 October 2018 to the competent authority for planning permission under the Planning Act (Cap. 232).
This drafting structure is important. The Order creates a default position of non-application (i.e., section 26A is disapplied) for new ventures, but then introduces an exception: section 26A will apply if the “first application” for planning permission occurs on or after 1 October 2018. In other words, the exemption is conditional and hinges on the date of the first planning-permission application, not merely the date the venture begins, the date of construction, or the date of subsequent submissions or approvals.
Key interpretive points for lawyers include the following:
- “Section 26A … does not apply”: The Order is not merely procedural; it changes the substantive reach of section 26A. Where the condition is not met, the energy conservation obligation (or requirement) embedded in section 26A will not be triggered for that new venture.
- “New venture of a person”: The Order uses the Act’s concept of “new venture”. Practitioners should consult the Energy Conservation Act (and any definitions or interpretive provisions) to understand what qualifies as a “new venture” and whether it includes expansions, redevelopment, or new facilities.
- “First applies”: The phrase “first applies” suggests that later applications (e.g., resubmissions, amendments, or appeals) may not be determinative if the person already made an earlier first application before 1 October 2018. This can be crucial in disputes about whether section 26A should apply.
- “On or after 1 October 2018”: The threshold is inclusive. Applications made on 1 October 2018 itself fall within the exception (meaning section 26A would apply).
- “Competent authority for planning permission under the Planning Act”: The relevant authority is the planning authority designated under the Planning Act framework. Lawyers should ensure that the application is indeed a planning-permission application under that Act, rather than another type of approval.
Finally, the Order is “made” on 11 December 2017 by the Permanent Secretary, Ministry of the Environment and Water Resources (Albert Chua). While the making date is not the commencement date, it can be relevant for understanding the legislative intent and the timeline of regulatory planning.
How Is This Legislation Structured?
The Order is extremely concise and consists of an enacting formula and two operative provisions:
- Enacting Formula: States that the Minister makes the Order under the powers conferred by section 77 of the Energy Conservation Act.
- Section 1 (Citation and commencement): Provides the name of the Order and its commencement date (1 January 2018).
- Section 2 (Exemption): Disapplies section 26A of the Energy Conservation Act for new ventures unless the person’s first planning-permission application is made on or after 1 October 2018.
There are no schedules, no additional definitions, and no procedural steps in the text provided. The legal effect is achieved entirely through the conditional disapplication of section 26A.
Who Does This Legislation Apply To?
The Order applies to “a new venture of a person”. That means it is directed at persons who undertake activities that qualify as a “new venture” under the Energy Conservation Act framework. In practice, this will typically include developers, project owners, and other entities responsible for initiating new energy-relevant developments or facilities.
Applicability is also tied to the planning-permission application under the Planning Act (Cap. 232). Therefore, the Order’s effect depends on the timing and nature of the person’s first application to the competent authority for planning permission. Lawyers advising project sponsors should map their project’s planning timeline against the 1 October 2018 threshold to determine whether section 26A will apply.
Why Is This Legislation Important?
This Order is important because it addresses the transitional interface between energy conservation obligations and the planning approval process. Energy conservation requirements can impose design, compliance, and documentation burdens. If such obligations were applied without a transitional rule, projects that were already in progress—or whose planning applications were submitted before a policy change—could face retrospective or unexpected compliance requirements.
By disapplying section 26A for new ventures unless the first planning-permission application is made on or after 1 October 2018, the Order provides a clear cut-off date. This promotes legal certainty for developers and their advisers: the compliance question becomes largely a matter of documented application dates rather than contested assessments of when a project “really started”.
From an enforcement and compliance perspective, the Order also affects how regulators and project proponents should treat energy conservation obligations under section 26A. Where the condition is not satisfied (i.e., first planning-permission application is before 1 October 2018), the regulator should not treat section 26A as applicable to that new venture. Conversely, where the condition is satisfied, section 26A will apply, and the project must be assessed and managed accordingly.
Practitioners should also consider how this interacts with internal compliance systems and contractual arrangements. For example, project contracts may allocate responsibility for regulatory compliance. If section 26A is disapplied due to the planning-permission timing, the scope of obligations—and therefore the risk allocation—may differ from projects where section 26A applies.
Related Legislation
- Energy Conservation Act (Cap. 92C) — in particular section 26A (as modified by this Order) and section 77 (the enabling provision)
- Planning Act (Cap. 232) — governing planning permission and the “competent authority” for planning permission
Source Documents
This article provides an overview of the Energy Conservation (Exemption for New Ventures) Order 2017 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.