SINGAPORE Law and Practice Contributed by: Adam Moncrieff, Karthik Kumar, Lynette Lim and Kelly Choo, Orrick, Herrington & Sutcliffe LLP
sion licensee electricity licence, and the conditions of such licence would also apply to such ownership, construction and operation. There are other permits and licences that apply gener- ally to undertake construction works that would also apply to any works for the construction of transmis- sion networks. Environmental reviews may be required as part of applying for, obtaining and complying with such construction permits and licences. 4.2 Obtaining Approvals to Construct and Operate Transmission Lines and Associated Facilities From an electricity sector regulatory perspective, the authority and approval to construct and operate a transmission network in Singapore is given by the EMA pursuant to a transmission licensee electricity licence issued by the EMA under the Electricity Act. There are other permits and licences that apply gener- ally to undertake construction works that would also apply to any works for the construction of transmis- sion networks. As mentioned above, there is only one transmission licensee electricity licence issued in Singapore, to SPPA. There is no specific application process. In determining whether to grant or extend an electricity licence, the EMA is required under the Electricity Act to consider various factors, including, amongst oth- ers, that person’s ability to finance the relevant activ- ity, its experience and ability to perform, and whether that person is related to any electricity licensee. 4.3 Terms and Conditions Imposed on Approvals to Construct and Operate a Transmission Line and Associated Facilities From an electricity sector regulatory perspective, the authority and approval to construct and operate a transmission network in Singapore is given by the EMA pursuant to a transmission licensee electricity licence issued by the EMA under the Electricity Act. There are other permits and licences that apply gener- ally to undertake construction works that would also apply to any works for the construction of transmis- sion networks.
There is only one transmission licensee electricity licence issued in Singapore, to SPPA. The terms and conditions of such licence are publicly available on the EMA’s website, and include conditions covering issues such as training of cable detection workers, electricity cable damage prevention, compliance obligations and requirements relating to provision of transmission services, preparation for emergencies and security arrangements. Modifications of a transmission licensee electricity licence is governed by the Electricity Act. In essence, the EMA may modify licence conditions by giv- ing notice to the relevant licensee and other licen- sees likely to be affected by the modification, and must consider any written representations made in response to such notice. 4.4 Eminent Domain, Condemnation and Expropriation Rights to Construct and Operate Transmission Lines and Associated Facilities SPPA’s transmission licensee electricity licence issued by the EMA authorises SPPA to, amongst other things, undertake the planning, development and construc- tion of the transmission system or any refurbishment or augmentation thereof as required to enable the pro- vision of transmission services. The Electricity Act also empowers transmission licen- sees to carry out certain installation and other works for any purpose connected with the carrying on of the activities authorised by its licence. In exercising such rights, the licensee only has rights of a user in respect of the relevant land or property and does not acquire any other rights under the Electricity Act. The licen- see is required to give advance notice to the owner or occupier of the land before entering to carry out such works, and such owner or occupier can lodge an objection to the EMA within a prescribed period. The EMA is then required to hold an inquiry and give each party an opportunity to be heard. The EMA can then authorise the carrying out of the work subject to con- ditions as it sees fit. The EMA’s decision is expressed to be final. In terms of compensation, the Electricity Act expressly states that the licensee is not liable for or required to
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