Statute Details
- Title: Gas (Gas Transporter’s Licence) (Exemption) Order 2009
- Act Code: GA2001-S643-2009
- Legislation Type: Subsidiary Legislation (SL)
- Authorising Act: Gas Act (Chapter 116A)
- Enacting Authority: Energy Market Authority of Singapore (EMA), with Minister for Trade and Industry’s approval
- Key Provisions: Exemption from section 6(1)(a) of the Gas Act
- Commencement: 13 January 2010
- Citation: “Gas (Gas Transporter’s Licence) (Exemption) Order 2009”
- SL Number: SL 643/2009
- Status: Current version as at 27 March 2026
What Is This Legislation About?
The Gas (Gas Transporter’s Licence) (Exemption) Order 2009 is a narrow, targeted exemption instrument made under the Gas Act (Chapter 116A). In plain terms, it relieves a specific company from a licensing requirement that would otherwise apply to gas transportation activities.
Under the Gas Act, the general policy is that persons who convey gas through pipelines (i.e., act as gas transporters) must hold a licence. However, the law also allows the regulator to grant exemptions in appropriate circumstances. This Order is one such exemption: it applies to Senoko Energy Pte Ltd and is limited to gas conveyance through a particular offshore gas pipeline.
The exemption is also transitional in character. It is tied to the fact that, immediately before the Order’s commencement date (13 January 2010), Senoko Power Ltd was conveying gas through the same offshore pipeline. The Order effectively accommodates a change in the entity responsible for conveyance, without requiring a fresh licensing position for the exempted activity.
What Are the Key Provisions?
Section 1: Citation and commencement sets the formal identity and timing of the instrument. The Order may be cited as the “Gas (Gas Transporter’s Licence) (Exemption) Order 2009” and comes into operation on 13 January 2010. For practitioners, this commencement date matters because it determines when the exemption begins to apply and therefore when the licensing requirement is displaced.
Section 2: Exemption from section 6(1)(a) of the Act is the substantive provision. It states that section 6(1)(a) of the Gas Act shall not apply to Senoko Energy Pte Ltd in respect of the conveyance of gas through a specific offshore gas pipeline.
The exemption is carefully circumscribed in two ways:
- By person: it applies only to Senoko Energy Pte Ltd. It does not extend to other entities, even if they are related companies or involved in the same broader energy group.
- By activity and asset: it applies only to conveyance of gas through the offshore gas pipelineSenoko Power Ltd was, immediately prior to 13 January 2010, conveying gas.
In practical terms, the Order addresses a regulatory question that often arises in corporate restructuring, asset reassignments, or operational transitions: when responsibility for pipeline conveyance shifts from one entity to another, does the new entity need to obtain a gas transporter’s licence? This exemption answers “not for this pipeline conveyance,” at least for the scope described.
Legal effect: by excluding the application of section 6(1)(a), the Order removes the licensing consequence that would otherwise attach to the exempted conveyance. The exemption does not necessarily mean that all Gas Act obligations disappear; rather, it specifically targets the licensing requirement in section 6(1)(a). Other provisions of the Gas Act (for example, safety, operational standards, reporting, or other regulatory duties) may still apply depending on their wording and how they interact with licensing.
Approval and making power: the enacting formula indicates that EMA makes the Order under section 8 of the Gas Act, with the approval of the Minister for Trade and Industry. This is relevant for validity and administrative law considerations. It signals that the exemption is not unilateral by the regulator alone; it is subject to ministerial approval, which may be relevant if challenged.
How Is This Legislation Structured?
This Order is extremely short and consists of:
- Section 1 (Citation and commencement): identifies the instrument and sets the date it comes into force.
- Section 2 (Exemption from section 6(1)(a) of Act): provides the operative exemption and defines its scope by reference to the company and the pipeline conveyance activity.
There are no schedules, definitions sections, or additional parts in the extract provided. The structure reflects the legislative intent: a focused exemption rather than a comprehensive regulatory framework.
Who Does This Legislation Apply To?
The Order applies to Senoko Energy Pte Ltd only. Its exemption is not general; it is an entity-specific relief instrument.
Its scope is further limited to conveyance of gas through the offshore gas pipeline that was, immediately before 13 January 2010, used for gas conveyance by Senoko Power Ltd. Therefore, even within the Senoko corporate group, the exemption does not automatically cover other pipelines, other conveyance routes, or other conveyance activities unless they fall within the described offshore pipeline and the described conveyance context.
For counsel advising on compliance, the key interpretive task is to confirm (i) which offshore pipeline is being referenced, and (ii) whether the conveyance activity in question is the same conveyance through that pipeline. Because the Order uses a “through which [a named company] was, immediately prior to [date], conveying gas” formulation, factual verification of pipeline usage immediately before commencement is important.
Why Is This Legislation Important?
Although the Order is brief, it is legally significant because it modifies the licensing regime under the Gas Act for a specific operator and asset. For practitioners, the importance lies in how exemptions can affect regulatory compliance strategy, corporate structuring, and risk allocation.
Regulatory compliance and licensing: If Senoko Energy Pte Ltd were required to hold a gas transporter’s licence under section 6(1)(a), failure to do so could create enforcement exposure. By carving out the licensing requirement for the specified pipeline conveyance, the Order reduces that risk for the exempted activity.
Operational continuity during transitions: The Order’s transitional reference to the pipeline’s prior conveyance by Senoko Power Ltd suggests a policy goal of continuity. It prevents the regulatory framework from becoming an obstacle to operational changes that occur around corporate or operational restructuring, provided the activity remains within a defined asset and context.
Interpretation and boundary-setting: Because the exemption is narrowly drafted, it also highlights the need for careful boundary management. If the company’s conveyance expands beyond the specified offshore pipeline, or if the conveyance is reconfigured such that it is no longer “through” the same pipeline, the exemption may not apply. Similarly, if another entity performs the conveyance, the exemption would not automatically extend to them.
Enforcement and audit readiness: In practice, counsel should ensure that internal compliance documentation aligns with the exemption’s scope. This may include evidence of the pipeline’s identity, evidence of who conveyed gas immediately before 13 January 2010, and records demonstrating that the current conveyance is within the same pipeline and activity description.
Related Legislation
- Gas Act (Chapter 116A) — in particular, section 6(1)(a) (licensing requirement for gas transporter activities) and section 8 (power to make exemption orders)
Source Documents
This article provides an overview of the Gas (Gas Transporter’s Licence) (Exemption) Order 2009 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.