SINGAPORE Law and Practice Contributed by: Adam Moncrieff, Karthik Kumar, Lynette Lim and Kelly Choo, Orrick, Herrington & Sutcliffe LLP
system or the relevant licensable activity by reason of which it is a designated entity; or (c) a designated business trust relating to a trans- mission system or any part thereof in respect of which the business trust is established. A 12% controller, 25% controller, 30% controller, 50% controller, and 75% controller generally refers to a person who by itself or with its associates holds 12%, 25%, 30%, 50% or 75%, respectively, or more of the total equity interest in or voting power, or is in a position to control 12%, 25%, 30%, 50% or 75%, respectively, or more of the voting power in a desig- nated person. “Indirect controller” generally refers to a person, by itself or with its associates, who is in a position to determine the designated person’s policy or in accord- ance with whose directions, instructions or wishes the designated person’s directors or officers or trustee- manager (as applicable) are accustomed or obliged to act. There are certain exceptions, including the CEO, director, chairperson of the board whose appointment has been approved by the EMA, and a person who provides advice in a professional capacity. A “designated electricity licensee” means a transmis- sion licensee, transmission agent licensee, and any other electricity licensee so declared as such by the Minister. As already mentioned, there is only one trans- mission licensee and one transmission agent licensee in Singapore, being SPPA and SPPG, respectively. A further 11 electricity licensees have been declared as a “designated electricity licensee” under the Electricity (Designated Electricity Licensees, etc, under Part 4A) Notification 2025. • EMC (see 2.1 The Wholesale Electricity Market for more details on EMC’s role and function). • Keppel Merlimau Cogen Pte Ltd. • Meranti Power Pte Ltd.
• PLM Power Pte Ltd. A “designated entity” means an entity that is not an electricity licensee that owns a transmission system or any part thereof or which the EMA is satisfied will engage in or is engaging in any licensable activity under the Electricity Act that is critical to Singapore’s energy security and reliability, and in each case, which is declared as such by the Minister. A “designated business trust” means a business trust established wholly or partly in respect of a transmis- sion system or part thereof and that has been declared as such by the Minister. 1.4 Sale of Power Industry Assets See 1.3 Foreign Investment Review Process . 1.5 Central Planning Authorities The EMA is the regulator of the electricity sector in Singapore and administers the Electricity Act, the key legislation governing the electricity sector. As regula- tor, the EMA, amongst other things, ensures fair com- petition and protects consumers’ interests. The EMA is also an industry developer (charged with advancing Singapore’s energy industry), and planner and operator of Singapore’s energy system. Its mis- sion is to build a sustainable, resilient, dynamic and efficient energy market and system. 1.6 Recent Changes in Law or Regulation There have been several material legal and regula- tory developments affecting Singapore’s power and energy transition framework over the past year. Energy Transition Measures and Other Amendments Act 2024 of Singapore (ETM Act) A significant change for the power industry is the staged commencement of the ETM Act. The ETM Act was passed on 9 September 2024 and amends the Energy Market Authority of Singapore Act 2001 of Sin- gapore, the Electricity Act and the Gas Act 2001 of Singapore. From 1 July 2025, several provisions came into force to facilitate shared access to critical energy infrastructure and strengthen energy system planning. These include powers for the EMA to direct owners or occupiers of critical energy infrastructure to allow
• PacificLight Power Pte Ltd. • SembCorp Cogen Pte Ltd • Senoko Energy Pte Ltd. • Taser Power Pte Ltd. • Tuas Power Generation Pte Ltd. • YTL PowerSeraya Pte Limited. • Keppel Sakra Cogen Pte Ltd.
305 CHAMBERS.COM
Powered by FlippingBook