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 the approval of the Minister for Trade and Industry
- Key Enabling Power: Section 8 of the Gas Act
- Commencement: 13 January 2010
- Primary Operative Provision: Exemption from section 6(1)(a) of the Gas Act
- Designated Beneficiary: Senoko Energy Pte Ltd
- Designated Infrastructure: Offshore gas pipeline through which Senoko Power Ltd was conveying gas immediately prior to 13 January 2010
- Current Status (as provided): Current version as at 27 March 2026
- SL Citation: SL 643/2009
- Date Made: 24 December 2009
What Is This Legislation About?
The Gas (Gas Transporter’s Licence) (Exemption) Order 2009 is a targeted regulatory instrument made under the Gas Act (Chapter 116A). In plain terms, it creates a specific exemption from the licensing requirement that would otherwise apply to a “gas transporter”. The Order does not broadly rewrite the Gas Act; rather, it carves out a narrow exception for a particular company and a particular pipeline arrangement.
The practical effect is that Senoko Energy Pte Ltd is not required to hold a gas transporter’s licence for the conveyance of gas through a defined offshore gas pipeline. The pipeline is identified by reference to its historical use: the offshore gas pipeline through which Senoko Power Ltd was conveying gas immediately before 13 January 2010. This “look-back” approach is important because it ties the exemption to an existing operational context at the commencement date.
For practitioners, the key takeaway is that this is a licensing exemption order. It is designed to manage regulatory continuity and operational transitions—particularly where infrastructure and conveyance activities existed prior to the licensing regime’s application or prior to a change in the relevant legal or corporate arrangements.
What Are the Key Provisions?
Section 1: Citation and commencement sets the formal identity and timing of the Order. The Order may be cited as the “Gas (Gas Transporter’s Licence) (Exemption) Order 2009” and comes into operation on 13 January 2010. From a legal compliance perspective, the commencement date matters because the exemption applies only from that date onward (unless the Gas Act or other instruments provide retroactive effect, which is not indicated in the extract). Lawyers advising on licensing status should therefore anchor their advice to 13 January 2010.
Section 2: Exemption from section 6(1)(a) of the Act is the operative 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 the specified offshore gas pipeline. The exemption is therefore both person-specific (Senoko Energy Pte Ltd) and activity-specific (conveyance of gas) and infrastructure-specific (through a particular offshore gas pipeline).
The exemption is also pipeline-identity-specific by reference to historical conveyance. The pipeline is described as “the offshore gas pipeline through which Senoko Power Ltd was, immediately prior to 13th January 2010, conveying gas.” This drafting technique reduces ambiguity by tying the exempt pipeline to a factual condition existing immediately before the commencement date. In practice, this means that the exemption is intended to cover the same physical pipeline used by Senoko Power Ltd at that time, even if the conveyance function is carried out by Senoko Energy Pte Ltd after 13 January 2010.
Although the extract does not reproduce the text of section 6(1)(a) of the Gas Act, the structure of the exemption indicates that section 6(1)(a) imposes a licensing requirement on gas transporters. The Order’s language—“shall not apply”—means that the licensing obligation is suspended or inapplicable for the exempted conveyance. For counsel, this is critical: the exemption does not necessarily eliminate other regulatory duties under the Gas Act (such as safety, operational standards, reporting, or other licensing-related conditions that may be imposed through other provisions). The exemption is limited to the specific statutory requirement referenced (section 6(1)(a)).
How Is This Legislation Structured?
This Order is structured as a short subsidiary legislation instrument with two main provisions:
(1) Section 1 provides the citation and commencement details.
(2) Section 2 provides the substantive exemption, identifying the beneficiary (Senoko Energy Pte Ltd), the scope (conveyance of gas), and the infrastructure (the offshore gas pipeline used by Senoko Power Ltd immediately prior to 13 January 2010).
There are no additional parts, schedules, or complex procedural provisions in the extract. The simplicity of the structure reflects the narrow, targeted nature of the exemption.
Who Does This Legislation Apply To?
The exemption applies to Senoko Energy Pte Ltd only. It is not a general exemption for all gas transporters, nor is it framed as a category-based exemption (for example, based on size, customer type, or volume of gas). Instead, it is a company-specific and asset-specific exemption.
In terms of operational coverage, it applies only “in respect of the conveyance of gas” through the specified offshore gas pipeline. Accordingly, if Senoko Energy Pte Ltd were to convey gas through a different pipeline, or for a different conveyance arrangement not captured by the pipeline description, the exemption would likely not apply. Lawyers should therefore treat the exemption as limited to the defined conveyance pathway and should verify the pipeline’s identity and continuity with the historical condition described in section 2.
Why Is This Legislation Important?
This Order is important because it clarifies the licensing position for a specific gas conveyance activity at a specific time. In Singapore’s regulatory environment, licensing requirements for energy and utilities are central to ensuring safety, reliability, and accountability. Exemptions, therefore, are not merely administrative conveniences; they are legal determinations that a particular activity can proceed without the licensing requirement that would otherwise apply.
From a compliance and risk perspective, the Order reduces uncertainty for the exempted party by stating expressly that section 6(1)(a) of the Gas Act does not apply to Senoko Energy Pte Ltd for the defined conveyance. Without such an exemption, the conveyance activity could potentially be treated as carried out without the requisite licence, exposing the operator to regulatory enforcement, compliance orders, or other legal consequences under the Gas Act framework.
For practitioners advising corporate clients, the exemption also highlights how Singapore law can accommodate operational transitions. The pipeline is identified by reference to the status immediately prior to 13 January 2010, suggesting that the regulatory framework anticipated or responded to a change in who was conveying gas (from Senoko Power Ltd to Senoko Energy Pte Ltd) while maintaining continuity of the underlying infrastructure. This is a common theme in regulated industries: corporate restructuring, asset transfers, or changes in operational responsibility often require careful legal mapping to ensure that regulatory obligations follow the correct entity and activity.
Related Legislation
- Gas Act (Chapter 116A) — in particular, section 6(1)(a) (licensing requirement for gas transporters) 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.