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Archive for February, 2009

THE HEAT IS ON

Feb 21st, 2009 by admin | 0

[Saturday Special Report]

by Jessica Cheam, Feb 21 2009

Once the domain of dreamers, the development of clean, green energy is now more critical than ever

Canada's oil sands

NOT so long ago, talk of “green” renewable energy was largely the domain of dreamers, hippies and assorted crackpots.
Harnessing the energy of the sun, the wind and the tides, for instance, sounded wonderful in principle, but any realistic person knew it was far from viable.
The same profound scepticism had long greeted notions that the global climate was inexorably warming as a result of man-made carbon emissions.
But 2008 may well go down in history as the year this mindset was cast aside for good by key decision-makers – in both governments and businesses worldwide, including, perhaps most significantly, giant global oil companies.
It was the year crude oil prices rocketed to record highs as fears over energy security gripped many nations. At the same time, the science of climate change became far more widely accepted and many started dubbing the 21st century the dawning of an “age of renewables”.
For decades, it had been business as usual for the “old” energy industry, with just the occasional fleeting crisis.
The same had been the case for ordinary consumers – long lulled into taking instant energy for granted.
Flick a light switch and a light comes on. Turn the key in the car ignition, and the engine purrs into action.
Relatively cheap oil, coal and gas have enabled the energy sector to help global economies drive the computing, dot.com and biomedical booms of recent decades.
But now the energy sector, rocked by these uncertainties, has found itself to be the “next big thing”, if only it can reinvent the way mass energy is produced.
Already, venture capitalists, including big-time investors who played a key role in previous booms, are aggressively driving investments in renewables – global titans such as Google founders Larry Page and Sergey Brin and Sun Microsystems founding chief executive Vinod Khosla.
An industry long besmirched by images of dirty smokestacks and crippled supertankers spewing oil into the oceans has suddenly become cool and sexy.
The new face of energy today features idyllic scenes of sun-powered panels and wind-powered turbines.
Investment in this fast-emerging sector, reports British research firm New Energy Finance, stood at an estimated US$155 billion (S$236 billion) last year, up 44 per cent from 2007, despite the ongoing global financial and economic crisis.
From 2004 to 2007, investment surged a staggering five-fold – a rate unseen in any other industry – from US$33.4 billion to US$148.4 billion.
The underlying reasons for this energy renaissance lie in the fundamental changes that have profoundly affected the industry in recent years.
Last July, oil prices soared to a record US$147 a barrel, fuelling inflation in economies worldwide while consumers and businesses battled rising costs. Prices have fallen a long way since, to about US$40 a barrel, but analysts agree that much higher prices will inevitably return.
With this in mind, governments the world over were jolted into facing the reality of their vulnerable energy supplies.
Dovetailing with this is intensified pressure for the world to take action to mitigate climate change. Awareness of the associated environmental and geo-political problems were heightened by catastrophic natural disasters such as Hurricane Katrina in New Orleans, Cyclone Nargis in Myanmar, and other extreme weather conditions around the globe.
The unprecedented heat and dryness that set the scene for Victoria’s recent deadly bush fires was an extreme event anticipated by climate change experts.
In the face of these challenges, even previously vetoed energy sources in Singapore, such as nuclear power, have recently been put on the table. Solar energy has also taken off to a significant degree and has been identified as one of the emerging pillars of Singapore’s economy.
The energy challenge
THE cold, hard truth has dawned on the world – oil can no longer be relied on to be cheap and the era of unbridled economic growth that comes with it is over.
EnergyAsia.com editor Ng Weng Hoong says oil prices of about US$200 a barrel are on the five-year horizon.
Easy oil, he says, is no longer easy to find. The International Energy Agency reports that production at global oil fields will decline faster in the years ahead, putting pressure on future supplies.
Today, the world uses about 245 million barrels of oil-equivalent energy daily. This is set to double by 2050.
Oil giant Royal Dutch Shell has summed up the world’s energy challenges in what it calls the “three hard truths”.
First, the surge of energy demand, especially from economic giants China and India; second, the decline of easy oil and gas, just as the demand trend is growing; and third, the need to reduce greenhouse gas emissions even as the demand and production of energy must increase.
This “trilemma”, says Shell chief scientist Sergio Kapusta, is likely to result in one of two scenarios.
One is a “scramble”, whereby countries rush to secure supplies such as coal in their own interest. In this scenario, carbon emissions are not addressed.
Such high carbon growth, says former British Treasury economist Nicholas Stern, will only prove to be self-destructive, partly through energy prices but also through the more hostile physical environment it creates.
In this situation, the probability of global temperatures rising by 5 deg C by the end of the century is about 50 per cent, he says. This will “rewrite where we can all live, how we live our lives” and will involve the mass movement of populations, likely billions of people – leading to global conflict, he adds.
For a low-lying island like Singapore and many others, this scenario is a grim one. Last November, Minister Mentor Lee Kuan Yew warned of “deep trouble” ahead if major global economies do not start taking climate change seriously.
Fortunately, there is a second possible future – what oil major Shell calls the “blueprint” scenario – whereby energy supplies and environmental concerns are addressed, and governments set global standards in energy efficiency and also place a price on carbon – that is, where carbon polluters have to pay their way.
The resulting energy landscape, which would promote clean energy and carbon capture and storage (CSS) underground, for example, would lead to a more stable, less hostile world, says Dr Kaputsa.
Tectonic shifts
THE world’s pressing energy and climate challenges have sparked a nascent revolution to change the way the world works, how people consume, and how firms do business.
The question, say analysts, is whether the world will adjust quickly enough.
One only has to look to the most visible, “Big Oil” companies such as ExxonMobil, Royal Dutch Shell and BP to see the effects of change. The “supermajors”, as they are dubbed, have long struggled with image problems – consumers accuse them of profiteering when pump prices are high, while environmentalists accuse them of harming the environment.
In the past, any new clean technology that loomed as a threat to the interests of the supermajors was effectively quashed. Mr Ng cites the case of the electric vehicle developed in the United States in the 1970s, which was eventually shelved.
Today, these “big energy companies are indeed evolving and in some cases scrambling to meet the realities of a changing political world”, observes United Nations Environment Programme executive director Achim Steiner.
The time for questioning the science is over. Now, it is the call to action, he says.
Mr Steiner told The Straits Times that earlier this month in Texas, “senior oil company executives, including once long-standing opponents of climate action such as Exxon, were discussing whether carbon trading, carbon caps, or a carbon tax was the best way forward — not whether climate change is happening but how best to respond”.
Some, such as BP and Shell, were ahead of the game in acknowledging the need to address climate change in the late 1990s, while others – Chevron, Total, ConocoPhillips – came on board later.
Even Exxon, which has been routinely accused of funding some groups that refute climate change science, is said to have discontinued such funding and has climbed aboard.
“Public perception,” says public affairs manager William Cummings, “is important to us…Exxon’s approach to the challenges it faces is driven by discipline and sound science and sometimes…is misunderstood by some members of the public.”
Almost all the majors now have portfolios that include a whole range of clean energy: Shell is in hydrogen; Chevron in geothermal, which harnesses hot underground water; Total in biomass, such as agricultural waste; and BP in wind.
Others such Exxon and ConocoPhillips, conspicuously absent in the renewables landscape, have chosen to focus on what they know best, investing in CCS or fuel and vehicle efficiencies, for example.
Getting these firms to work to a common goal is important, says Singapore Environment Council executive director Howard Shaw: “They are a sector that has been driving efficiency in energy for the longest time, and are the ones with the big bucks which can fund research.”
Business, not passion
BUT of course, the supermajors are only part of a bigger picture.
All players – from national energy firms to governments start-ups and even consumers – have a role to play, says MrKhosla, a renowned venture capitalist who now heads Khosla Ventures.
Technology will be key to helping the world write its new energy future, and it’s not just energy that must be revolutionised, but also everything from infrastructure to consumer appliances.
However, this must be achieved at a reasonable or “Chindia price”, where technology solutions are cheap enough to be adopted on a large scale, he adds.
And of course, such projects need to make money. After all, it’s business. “We need to pay attention to economics, not just be green fanatics,” he says.
He identifies the polluting industries of oil, coal, steel and cement as the ones with the most potential to be revolutionised by radical new technology.
“Companies like Exxon are right that we need a disciplined, economically justified approach to renewables,” says Mr Khosla. “But where they are wrong is in assuming renewables cannot be justified economically. They assume very little innovation. I believe that with enough R&D and innovation, some but not all of renewables can be cheaper unsubsidised, than fossil fuel-based power – if we have a price on carbon.”
Why it matters to you
THE subjects of energy and the environment are hardly of pressing interest – especially in the midst of a serious global recession. Many might wonder: What’s it got to do with me?
Says BP Alternative Energy chief executive Vivienne Cox: “We are at a decision point. And depending on how people react, and their individual choices, we can either go backwards or forwards.”
Head of the Intergovernmental Panel on Climate Change, Dr Rajendra Pachauri, also the 2007 Nobel Peace Prize winner, cites high energy prices, food crises, massive population shifts and global conflicts as problems that will affect everyone if the world does not respond to the call for change – whether in the products we buy, or the votes we cast.
And even though survival might be the top priority in this economic crisis, and money into renewables is faltering, the opportunity to invest in a sustainable energy future is staring at us in the face, DrPachauri says.
British Treasury economist Lord Stern warns that our planetary crisis is bigger than our economic one.
Former British prime minister Tony Blair, at the recent World Energy Future Summit held in Abu Dhabi, told reporters that the world’s current economic woes should not be “an excuse for inaction, but a reason for acting”.
The year ahead is set to be a crucial one in the history of mankind – especially as world leaders are due to meet in Copenhagen at the end of the year to ink a monumental global deal on the world’s energy future and climate change.
It is now, says Mr Blair, that as our thoughts are centred on the economic challenge that we must resolve to put the world on a path to sustainable growth for the future. “The decisions of 2009 will determine the world of 2029 or 2049. The way to the future must be opened in the present time.”

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Lease buyback: A mindset issue

Feb 16th, 2009 by admin | 2

[Pg 2 commentary] by Jessica Cheam
Feb 16 2009
Mass effort needed at grassroots level to help elderly accept the idea
AFTER almost two years in the works, the lease buyback scheme for the elderly will finally kick off on March 1.
It is one of the Housing Board’s most innovative programmes in recent years and its details – [...]

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Expert help for SMEs to go ‘green’

Feb 11th, 2009 by admin | 0

by Jessica Cheam, Feb 11 2009
LOCAL small and medium-sized enterprises (SMEs) looking to make their businesses more environmentally sustainable are set to get a leg-up from the launch of a new partnership.
The Singapore Environment Council (SEC) yesterday unveiled an initiative with Washington-based World Environment Centre (WEC) that will allow local firms to tap WEC’s extensive [...]

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Gillman Heights sale gets go-ahead

Feb 10th, 2009 by admin | 1

by Jessica Cheam, Feb 10 2009
Appeals court rules that only 80% consent required for collective sale
THE sale of Gillman Heights has been given the final green light, after Singapore’s highest court dismissed a last-ditch plea by minority owners to overturn the sale.
This marks the end of the two-year en-bloc saga which began when buyers CapitaLand, [...]

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Budget 2009 debate

Feb 7th, 2009 by admin | 0

HDB to help home owners avoid defaults
by Jessica Cheam, Feb 7 2009
Mah says measures include downgrading and temporary rental for those in distress
THE Housing Board has prepared a range of measures to help the increasing number of home owners who are defaulting on their home loans in this downturn.
The steps include a mix of short- [...]

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Fighting to the bitter end

Feb 4th, 2009 by admin | 3


[A shorter version of this is on the ST blogs, but thought I'd produce the original version here for those who appreciate enbloc laws and want the details]

Jessica Cheam on the Gillman Heights hearing

AS a nation of home owners, few matters affect the Singaporean more than his or her home, or matters concerning it.

So it comes as no surprise to me that many en bloc sales frequently end up in being fought in Singapore’s courts of law, in its High Court, and even all the way up to the Court of Appeal - despite the high costs of doing so.

It’s also no surprise that when the time came for the remaining 10 minority owners of Gillman Heights to get their appeal heard, the public gallery at the Court of Appeal was choked full of people ranging from residents, to the media and just curious members of the public.

The ruling by this Court is expected to be a landmark one.

If it overturns the High Court’s previous ruling to back Gillman’s enbloc sale, the estate will be go down in Singapore’s history as a rare case of failed enblocs, and its repurcussions will be big. It will likely give hope to a growing number of minority owners who above all, value the right to own their homes.

If it rules in favour of the majority, it will , in its decision, also clearly demarcate the criterias and legislation surrounding collective sales. This decision also means the end of a two-year long saga at Gillman Heights and owners can finally take the money, move out and get on with their lives.

My sense after attending the two-hour long hearing on Tuesday, is that the minority owners’ fight is an uphill one.

Senior Counsel Michael Hwang, who was engaged by law firm Tan Chin Hoe & Co to act for the minority owners, argued his case eloquently, but not without difficulty as he was questioned repeatedly by all three judges hearing the case - Chief Justice Chan Sek Keong, Judge of Appeal Andrew Phang and V K Rajah.

Essentially, Mr Hwang fought on two technicalities. Put simply, he argued that Parliament had not intended the 1999 laws on collective sales to apply to HUDC estates, as it was meant for freehold and 999 year estates. The second was on the date used to calculate the age of the development. This determines if the estate needed an 80 or 90 per cent level of consent to be sold en bloc. (Currently, about 87.54 per cent of owners have signed on for the sale.)

Mr Hwang argued that although Gillman Heights was completed in 1984, since it was only granted its certificate of statutory completion (CSC) in 2002, then that should be the date used to calculate the age of the development for the enbloc. (If this is used instead, then the 87.54 per cent is still not enough for the collective sale to go through)

This second point proved a hard case to fight. The judges gave Mr Hwang a rather hard time, questioning the logic of “resetting” the estate’s age according to when it obtained its CSC or TOP (temporary occupation permit - this is issued by URA when a development is deemed completed)

This is where it gets a bit complicated for the layman. When HUDC estates were first built, they were exempted from requiring CSC or TOPs as they were under the HDB’s purview. Later, when privatising HUDC estates became possible, such estates could then apply for CSC or TOPs after certain upgrading works were completed.

Mr Hwang argued that “Parliament had intended” for the “latest TOP” or “latest CSC” to be used as the date to calculate the age of the development, even for privatised HUDC estates, which only got their CSC or TOP much later.

To which, one judge said to Mr Hwang: “it’s not what Parliament intended. It’s what YOU think Parliment intended.” At this point, one resident (likely a majority owner) loudly, and quite rudely, sniggered from the public gallery.

Senior Counsel Andre Yeap of Rajah & Tann, representing the purchasers - CapitaLand, Hotel Properties and two private funds (of which NUS also has a stake) - came on to counter-argue the point, saying that it was “indisputable” that Gillman was completed in 1984 and was more than 22 years old.

On whether Parliament had intended the 1999 laws to apply to HUDC estates, Mr Yeap argued that it was obvious that “Parliament had intended” this, to which one judge also said, “that’s what YOU think Parliment intended. not necessarily what Parliament intended”. This time, the statement was becoming the hearing’s catch phrase such that it drew general laughter from the public gallery.

Lastly, Mr Quek Mong Hua of Lee & Lee came on to represent the majority owner’s case, mostly repeating points that Mr Yeap had made, that Gillman Heights was indeed 22 years old and only needed 80 per cent of owners to consent; and that the 1999 collective sales laws applied to Gillman because privatisation made it a private, strata-titled development.

Mr Hwang, at the very end, pointed out that the sales committee for Gillman Heights did not attach the estate’s TOP or CSC (both obtained in 2002) in its STB’s application form for approval of the enbloc sale, (they instead attached a letter for the Building and Construction Authority) which he argued, showed that they knew it could be a problem.

The judges conferred for awhile and announced they will make a ruling the next day - Wednesday at 4.30pm. This has since been postponed to next Monday (9 Feb) at 10.30am, which also doesn’t surprise me, because this decision, which will have big ramifications, justifies the time taken to deliberate it.

My personal view is I highly doubt the judges will overthrow the High Court’s ruling - although I still could be wrong.
Based on past experiences, the Singapore courts are generally deemed to be rather pro en bloc.

Ruling in favour of the minority would also call into question the other en blocs done at other former HUDC estates such as Waterfront View and Farrer Court.

With the odds stacked against the minority owners, I had asked one of them at the hearing why they were pursuing the case, in spite of the high costs.

One of them said, “we feel that there’s a point worth arguing so we want to take it up to the highest authority… now, we can only hope for the best”.

Discussing the case with some of my colleagues, some felt it was “silly” for the minority owners to be fighting on a technicality such as the development’s age when it seemed obvious to them that the estate was indeed 22 years old.

But I wondered to myself: yes, it is obvious that the age of the development is more than 20 years old, but what else do the minority owners have to fight on, but the little details? What other choice do they have? These technicalities - however silly it might appear to the man in the street - are the only way for them to achieve their ultimate desired outcome: overturning the collective sale. And keeping their homes.

All eyes are now on the Court of Appeal’s decision on Monday. The appeal might not change the course of Gillman Heights. It will likely be demolished, and redeveloped into a new, swanky condo by Capitaland. But at least for those 10 owners, the appeal means they can truly said they did their best to save their homes.

The silver lining of the long-drawn out en bloc, as one analyst pointed out to me yesterday, is that the current market situation - with property prices going south - is now in the sellers’ favour. The money each unit will get, around $870,000 to $950,000 is much higher than what any individual unit will fetch in the open market. And the replacement home they will look for is likely to be cheaper now, than it was when the deal was first done in December 2007.

The way I see it, if residents are going to be losing their homes, at least they’ll be paid well for it.

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Final bid to stop enbloc sale

Feb 4th, 2009 by admin | 0

by Jessica Cheam, The Straits Times, Feb 4 2009
(This is a longer version of what was published)
A LAST ditch attempt by 10 minority owners of former HUDC estate Gillman Heights to stop its collective sale was heard by the Court of Appeal yesterday.
This appeal is the last recourse for the owners who have fought the [...]

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