Section 2
In this Enactment, unless the context otherwise requires —
“apparatus” shall include tanks, cylinders or other equipment or any other forms of storage or distribution or utilization of gas
“area of supply” means the area within which a person is licensed under this
Enactment to regasify, process, ship, transport, distribute, retail or use of gas;
“authorized officer” means any public officer or officer of the Commission who is authorized in writing by the Minister for the purposes of this Enactment;
“Chief Executive Officer” means the Chief Executive Officer of the Commission;
“city gate station” means a station with gas measurement and pressure regulating services where gas is received directly from the transmission pipeline and subsequently delivered through the distribution pipeline for the delivery of gas to the consumer;
“Collector” has the meaning assigned to it in section 4 of the Land Ordinance (Cap.
68);
“Commission” means the Commission established under the Energy Commission of
Sabah Enactment 2023;
“competent person” means a person who holds a certificate of competency issued by the Commission or any other equivalent certificate issued by any government body to perform work in accordance with the restrictions, if any, stated in the certificate;
“consumer” means any direct or indirect user of gas, facilities or services provided by a licensee in the course of business, and includes another licensee that uses the gas, facilities or services thus provided as an input to its own business including as a shipping, retail or private gas licensee, a consumer whose premises receive gas through a transmission or distribution pipeline or a consumer of a retail licensee;
“danger” means danger to health or to human life or limb from shock, burn, or other injury and includes danger to property, pipeline or installation resulting from distribution, retail or use of gas;
“Director” has the meaning assigned to it in section 4 of the Land Ordinance;
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“dishonestly” has the same meaning assigned to it under the Penal Code [Act 574];
“distribution” means the activity carried out by a distribution licensee to operate and maintain the distribution pipeline to deliver gas through the distribution pipeline;
“distribution licensee” means a person licensed under section 4 to distribute gas;
“distribution pipeline” means those parts of the gas pipeline including installations connected downstream of the last flange of a city gate station to the last flange of a regulating or metering station at the premises of consumers or a retail licensee;
“equipment” includes a valve, filter, meter, pressure regulator or any other functioning item used in a gas system;
“facility” means —
(a)
in the case of a regasification licensee, a facility including related pipeline and installation located onshore or in Sabah waters which is used to receive, store or regasify liquefied natural gas which are designated as such by the regasification licensee with the approval of the Commission;
(b)
in the case of a processing licensee, a facility including related pipeline and installation located in Sabah which is used for the processing of gas which are designated as such by the processing licensee with the approval of the
Commission;
(c)
in the case of a transportation licensee, the transmission pipelines together with the related installation used for the transportation of gas which are designated as such by the transportation licensee with the approval of the Commission;
(d)
in the case of a distribution licensee, the distribution pipelines together with the related installation used for the distribution of gas from the last flange of city gate station and which are designated as such by the distribution licensee with the approval of the Commission;
“gas” means natural gas, liquefied natural gas or liquefied petroleum gas;
“gas appliance” means an appliance designed for use or to be used by a consumer of gas for heating, burning, motive power or other purposes for which gas can be used and includes a gas appliance regulator;
“gas delivery system” means the physical delivery of gas from the connection flange of the loading arm at the regasification terminal or the last flange of the gas processing plant or the last flange of the onshore gas terminal to the transmission pipeline, distribution pipeline, piping system or other means;
“gas processing plant” means a facility to process natural gas in order to meet gas specifications to be used in or delivered through the gas delivery system;
“Government” means the Government of the State of Sabah;
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“import into regasification terminal” means the activity of bringing or causing to be brought liquefied natural gas into or within Sabah by any means, other than by transhipment;
“installation” means all parts of those physical facilities involved in regasification, transportation, distribution, retail or use of gas including equipment, appliance, pump, vaporizer, compressor, any appurtenance attached to pipelines or piping system and any other assembly;
“licence” means a licence issued under section 6;
“licensee” means a person licensed under section 4;
“liquefied natural gas” means natural gas in its liquefied state;
“Minister” means the Minister for the time being charged with the responsibility for matters relating to supply of gas;
“natural gas” means hydrocarbon gas mixture consisting primarily of methane;
“pipelines” means all parts of those physical facilities including installations, through which gas moves for the purpose of regasification, transportation, processing or distribution of gas;
“piping system” means all parts of those physical facilities including installations, through which gas moves, from the last flange of a regulating or metering station connected to the distribution pipeline or from the filling connection of a storage tank or cylinder for purposes of reticulation or delivery in respect of retail or use of gas through a piping system to any gas appliance in any premises;
“private gas licensee” means a person licensed under section 4 to use gas through a piping system —
(a)
from a storage tank or cylinder on his own property or premises or the property or premises of the owner or occupier; or
(b)
from gas delivered through a distribution pipeline, but does not include a person obtaining the supply of gas from a retail licensee;
“processing of gas” means any activity which includes treatment, separation or any other processes to process natural gas onshore to meet gas specification through a gas delivery system to and use by consumers;
“processing licensee” means a person licensed under section 4 to process gas;
“regasification” means the activity of operating and maintaining a regasification terminal to regasify the liquefied natural gas into natural gas carried out by the regasification licensee at the regasification terminal and includes receiving, storing and after the regasification, delivering the gas through the regasification terminal pipeline;
“regasification licensee” means a person licensed under section 4 to regasify gas;
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“regasification terminal” means a facility located onshore or in Sabah waters which is used to regasify or store liquefied natural gas;
“Registrar” has the meaning assigned to it in section 4 of the Land Ordinance;
“reserved land” means land reserved for a public purpose, railway reserves, forest reserves and park reserves;
“retail” means the activity of sale or use of gas through the retail licensee’s piping system to consumers’ premises where the gas is either —
(a)
received from a storage tank or cylinder on the retail licensee’s own property or premises or on the property or premises of the owner or occupier; or
(b)
received through distribution pipelines;
“retail licensee” means a person licensed under section 4 to retail gas;
“safety” means the obviation of danger to the general public or to property in respect of distribution pipelines or piping system;
“shipping” means the activity of a shipping licensee making an arrangement with a regasification, transportation or distribution licensee for gas to be processed or delivered through a regasification terminal, transmission pipeline or distribution pipeline to consumers’ premises
“shipping licensee” means a person licensed under section 4 to ship gas; “State land”
does not include reserved land and alienated land;
“supply of gas” means the supply and delivery of gas to the premises of a consumer of a retail licensee;
“this Enactment” includes any subsidiary legislation made under this Enactment;
“transmission pipeline” includes installations and pipelines transporting gas either from —
(a)
the last flange of the gas processing plant;
(b)
the last flange of the onshore gas terminal;
(c)
the tie-in point of the regasification terminal; or
(d)
the state border, to the last flange of the city gate station or the last flange of a regulating or metering station;
“transportation” means the activity carried out by a transportation licensee for the delivery of gas through the transmission pipeline under an arrangement with a shipping licensee;
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“transportation licensee” means a person licensed under section 4 to transport gas;
and
“use of gas” means the activity of using gas as a private gas licensee.