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 approval of the Minister for Trade and Industry
- Commencement: 13 January 2010
- Primary Purpose: To exempt a specified entity from the licensing requirement for gas transporters under section 6(1)(a) of the Gas Act, for a specified pipeline context
- Key Provisions: Sections 1–2 (citation/commencement; exemption)
- Legislation Status: Current version as at 27 March 2026
- Legislation Number: S 643/2009
What Is This Legislation About?
The Gas (Gas Transporter’s Licence) (Exemption) Order 2009 is a narrow, targeted legal instrument. In plain terms, it creates an exemption from a licensing requirement in the Gas Act for a particular company and a particular gas conveyance arrangement. Rather than establishing a general regulatory framework, the Order operates as a specific “carve-out” from the licensing regime.
Under the Gas Act, the default position is that a person who conveys gas through a pipeline (i.e., acts as a gas transporter) must hold a licence. However, the Energy Market Authority (EMA) may, using powers under the Gas Act, exempt certain persons from the licensing requirement where it is appropriate to do so. This Order is one such exemption, made to address a transitional or structural situation relating to offshore gas pipeline conveyance.
Practically, the Order matters most to lawyers advising regulated energy infrastructure participants, investors, and counterparties in gas transportation and pipeline operations. It clarifies that, for the relevant pipeline conveyance described in the Order, Senoko Energy Pte Ltd is not required to comply with the licensing requirement in section 6(1)(a) of the Gas Act.
What Are the Key Provisions?
Section 1 (Citation and commencement) provides the formal identity of the instrument and when it takes effect. The Order may be cited as the “Gas (Gas Transporter’s Licence) (Exemption) Order 2009” and it comes into operation on 13 January 2010. For practitioners, the commencement date is crucial because it determines when the exemption becomes legally effective and can affect compliance assessments, contractual representations, and regulatory reporting timelines.
Section 2 (Exemption from section 6(1)(a) of 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 offshore gas pipeline through which Senoko Power Ltd was, immediately prior to 13 January 2010, conveying gas.
This wording is legally significant in several ways. First, the exemption is person-specific: it applies to Senoko Energy Pte Ltd only. Second, it is activity-specific: it applies only “in respect of the conveyance of gas” (i.e., the transporter function) rather than being a blanket exemption from all Gas Act obligations. Third, it is infrastructure-specific: it is tied to a particular offshore gas pipeline, identified by reference to the pipeline through which Senoko Power Ltd was conveying gas immediately before the exemption’s commencement date.
In other words, the Order uses a functional and temporal linkage to define the scope of the exemption. The phrase “immediately prior to 13th January 2010” anchors the identification of the relevant pipeline to the factual state of affairs at that time. This approach reduces ambiguity and helps ensure that the exemption covers the intended conveyance arrangement rather than expanding to other pipelines or future configurations.
From a compliance perspective, the exemption’s scope is best understood as limited to the conveyance of gas through the specified offshore pipeline, where the pipeline is the same one that Senoko Power Ltd was using immediately before 13 January 2010. If Senoko Energy Pte Ltd were to convey gas through a different pipeline, or if the conveyance arrangement materially changes such that it is no longer “through the offshore gas pipeline through which Senoko Power Ltd was… conveying gas,” the exemption may not apply. Lawyers should therefore treat the exemption as narrowly construed and carefully map the factual pipeline and operational boundaries.
How Is This Legislation Structured?
The Order is extremely concise and consists of two sections:
Section 1 covers citation and commencement. Section 2 creates the exemption. There are no schedules, definitions, or additional parts in the extract provided. This structure reflects the Order’s purpose: it does not create a new regulatory scheme; it simply modifies the application of an existing licensing requirement in a defined scenario.
Who Does This Legislation Apply To?
The exemption applies to Senoko Energy Pte Ltd in relation to its gas conveyance through the specified offshore gas pipeline. It does not apply generally to all gas transporters, and it does not confer licensing relief on other entities.
Although the Order is made under the Gas Act, the exemption is not framed as a class exemption (e.g., “small transporters” or “certain categories of pipelines”). Instead, it is entity- and pipeline-specific. As a result, the practical question for counsel is not whether a client falls within a category, but whether the client is the named entity and whether its conveyance activities fall within the described pipeline context.
Why Is This Legislation Important?
Even though the Order is short, it is legally important because it affects whether a regulated activity requires a licence. In Singapore’s gas regulatory environment, licensing is a key mechanism for ensuring safety, reliability, and regulatory oversight of pipeline conveyance. By exempting Senoko Energy Pte Ltd from section 6(1)(a), the Order alters the compliance baseline for the relevant conveyance activity.
For practitioners, the Order can be critical in several common legal tasks:
- Regulatory compliance advice: determining whether a licence is required for a particular pipeline operation and, if not, documenting the legal basis for that conclusion.
- Contract drafting and risk allocation: advising on representations and warranties relating to regulatory approvals, licences, and compliance status for gas transportation services.
- Due diligence: assessing whether a transaction involving pipeline assets or operations triggers licensing issues, and whether exemptions exist.
- Dispute resolution and enforcement: evaluating whether an alleged breach of licensing requirements is legally sustainable given the exemption’s scope.
From an enforcement standpoint, the Order’s narrow drafting means that regulators and courts would likely examine the factual fit closely. The exemption is anchored to a specific pipeline and a specific time reference. This makes the Order a useful example of how Singapore subsidiary legislation can provide targeted relief without undermining the overall licensing regime.
Finally, the Order illustrates the governance process under the Gas Act: EMA makes the Order using statutory powers, but it requires approval of the Minister for Trade and Industry. This is relevant for lawyers who track regulatory decision-making authority and the legitimacy of subsidiary instruments.
Related Legislation
- Gas Act (Chapter 116A) — in particular, section 6(1)(a) (licensing requirement for gas transporters) and section 8 (power to make exemptions, as referenced in the enacting formula)
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.