Gas Pipelines Act 2000

Gas Pipelines Act 2000

An Act to facilitate the development of a natural gas supply industry and to ensure that pipelines and pipeline facilities in Tasmania are constructed, maintained and operated to a high standard of safety and in a manner that protects persons and property and for other purposes

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1.   Short title

This Act may be cited as the Gas Pipelines Act 2000 .

2.   Commencement

This Act commences on a day to be proclaimed.

3.   Interpretation

(1)  In this Act, unless the contrary intention appears –

accepted safety case means –

(a) [Section 3 Subsection (1) amended by No. 111 of 2001, Sched. 1, Applied:17 Dec 2001] a certified safety case that has been accepted or provisionally accepted under Part 3 ; or

(b) [Section 3 Subsection (1) amended by No. 111 of 2001, Sched. 1, Applied:17 Dec 2001] if a revised safety case has been certified and accepted or provisionally accepted under that Part, that revised safety case;

access to a pipeline means a right to connect to the pipeline and to contribute gas to, or to take gas from, the pipeline;

[Section 3 Subsection (1) amended by No. 59 of 2009, s. 128, Applied:01 Jun 2010] approved form means a form approved by the Regulator;

authorised activity means a regulated activity authorised by a pipeline licence;

[Section 3 Subsection (1) amended by No. 59 of 2009, s. 128, Applied:01 Jun 2010] authorised officer means a person appointed as an authorised officer by the Regulator or the Director of Gas Safety for the purposes of the Gas Act 2000 ;

business day means any day except a Saturday, Sunday or public holiday;

contravene includes fail to comply with;

[Section 3 Subsection (1) amended by No. 59 of 2009, s. 128, Applied:01 Jun 2010]

Director of Gas Safety means the Director of Gas Safety appointed under the Gas Act 2000 ;

gas means any gaseous fuel including petrochemical feed stock but not including any gaseous fuel that is declared under the regulations not to be gas for the purposes of this Act or any provision of this Act;

gas installation means, in respect of the use or intended use of gas, a combination of –

(a) any pipe or system of pipes for, or incidental to, the conveyance of gas and components or fittings associated with the pipe or pipes which are connected directly to a licensee's pipeline or pipeline facility; and

(b) any one or more of the following:

(i) any appliance and associated components or fittings which are so connected;

(ii) any meter which is so connected;

(iii) any means of ventilation or system for the removal of combustion products which is so connected;

incident means any incident or event relating to the conveyance, supply or use of gas or another regulated substance which causes or has the potential to cause –

(a) death or injury to a person; or

(b) significant damage to property; or

(c) an uncontrolled explosion, fire or discharge of gas or another regulated substance; or

(d) an impact on the security of supply;

natural gas means a substance which is in a gaseous state at standard temperature and pressure and which consists of naturally occurring hydrocarbons, or a naturally occurring mixture of hydrocarbons and non-hydrocarbons, the principal constituent of which is methane but does not include anything declared by the regulations not to be natural gas;

occupier of land or a place means a person who has, or is entitled to, possession or control of the land or place;

owner of land means –

(a) if the land has been alienated from the Crown by the grant of an estate in fee simple or another estate or interest conferring a right to possession of the land, the person who holds the relevant estate or interest; or

(b) [Section 3 Subsection (1) amended by No. 59 of 2009, s. 128, Applied:01 Jun 2010] in any other case, the Regulator or an authority or other person responsible for the management of the land;

petroleum means –

(a) any naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state; or

(b) any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or

(c) any naturally occurring mixture of one or more hydrocarbons, whether in a gaseous, liquid or solid state, and one or more of the following, that is to say, hydrogen sulphide, nitrogen, helium and carbon dioxide;

[Section 3 Subsection (1) amended by No. 111 of 2001, s. 29, Applied:17 Dec 2001]

[Section 3 Subsection (1) amended by No. 111 of 2001, s. 29, Applied:17 Dec 2001] pipeline means the whole or any part of a pipeline for conveying natural gas, petroleum or another regulated substance from a point at or near the place of its production to another place or other places, or the whole or any part of a pipeline that forms part of a system of pipelines for that purpose, and includes –

(a) tanks, machinery and equipment necessary for, or associated with, its operation; and

(b) a pipeline or class of pipelines which under subsection (3) is to be treated as a transmission pipeline for the purposes of this Act –

but does not include the following:

(c) a pipeline located wholly within the site of an industrial plant;

(d) a pipeline that forms part of a gas distribution system within a city, town or other centre of population or industry;

(e) any part of a pipeline referred to in paragraph (c) or (d) for which a licence is required under the Petroleum (Submerged Lands) Act 1982 of Tasmania or the Petroleum (Submerged Lands) Act 1967 of the Commonwealth;

(f) a pipeline or class of pipelines which under subsection (3) is to be treated as not being a transmission pipeline for the purposes of this Act;

pipeline facility means a works used, or intended to be used to extract, treat or store gas including, without limitation –

(a) a gas treatment facility; and

(b) a plant for liquid petroleum separation, treatment or storage; and

(c) a plant for liquid petroleum gas extraction or storage; and

(d) a storage tank, pressurised vessel bunker; and

(e) a refinery –

but does not include a pipeline;

pipeline land means an interest in land, including an easement, acquired for the construction, maintenance or operation of a pipeline;

[Section 3 Subsection (1) amended by No. 111 of 2001, s. 29, Applied:17 Dec 2001] pipeline licence means a licence to construct or operate, or construct and operate, a pipeline or a pipeline facility granted under section 12 ;

private land means land alienated from the Crown by the grant of an estate in fee simple or a possessory interest conferring a right to exclusive possession of the land;

public land means land owned by –

(a) the Crown; or

(b) an instrumentality or agent of the Crown; or

(c) a council or other local government body;

record includes –

(a) a record in the form of a book or document, or in the form of a map; and

(b) a record in the form of electronic data;

regulated activity has a meaning given by section 8 ;

regulated substance means –

(a) gas; or

(b) natural gas; or

(c) petroleum; or

(d) any other substance declared by the regulations to be a substance to which this Act applies;

regulations means regulations made and in force under this Act;

[Section 3 Subsection (1) amended by No. 59 of 2009, s. 128, Applied:01 Jun 2010] Regulator means the Regulator, within the meaning of the Gas Act 2000 ;

[Section 3 Subsection (1) amended by No. 111 of 2001, s. 29, Applied:17 Dec 2001] supply pipeline means a pipeline, or proposed pipeline, that delivers or is capable of delivering, natural gas directly to a customer;

[Section 3 Subsection (1) amended by No. 111 of 2001, s. 29, Applied:17 Dec 2001] transmission pipeline means a pipeline, or class of pipelines, declared under subsection (3) to be treated as a transmission pipeline for the purposes of this Act;

Tribunal means the Resource Management and Planning Appeal Tribunal.

(2)  A reference in this Act to gas or another regulated substance extends to a mixture of substances of which gas or another regulated substance is a constituent part.

(3)  [Section 3 Subsection (3) inserted by No. 111 of 2001, s. 29, Applied:17 Dec 2001] The Governor may, by order published in the Gazette, declare that a pipeline or class of pipelines is to be treated as –

(a) a transmission pipeline for the purposes of this Act; or

(b) not being a transmission pipeline for the purposes of this Act.

4.   Objects of Act

The objects of this Act are –

(a) to create an effective, efficient and flexible regulatory system for the construction and operation of pipeline facilities and of pipelines for transporting natural gas and other substances to which this Act applies; and

(b) to ensure as far as reasonably practicable security of supply for users of gas; and

(c) to protect the public from risks inherent in regulated activities.

5.   Crown to be bound

This Act binds the Crown, not only in right of Tasmania but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.

6.   Workplace safety and other statutory requirements not affected

[Section 6 Amended by No. 52 of 2005, Sched. 1, Applied:01 Jul 2009] [Section 6 Amended by No. 16 of 2010, Sched. 1, Applied:01 Jan 2011] [Section 6 Amended by No. 2 of 2012, s. 42, Applied:01 Jan 2013] [Section 6 Amended by No. 4 of 2012, Sched. 3, Applied:01 Jan 2013] This Act is in addition to and does not derogate from the Work Health and Safety Act 2012 or Dangerous Goods (Road and Rail Transport) Act 2010 .

7.   State of the industry report

[Section 7 Repealed by No. 59 of 2009, s. 129, Applied:01 Jun 2010] [Section 7 Inserted by No. 13 of 2015, s. 79, Applied:01 Jul 2015]

(1)  In this section –

energy Minister means the Minister assigned the administration of Division 2 of Part 2 .

(2)  The Regulator may prepare a report on the state of the industries involved in regulated activities (the state of the industry report).

(3)  The Regulator is to prepare a state of the industry report –

(a) on the Regulator's own initiative; or

(b) if directed to do so by the energy Minister and the Minister assigned the administration of the Economic Regulator Act 2009 .

(4)  A direction under subsection (3)(b) to prepare a state of the industry report may include the terms of reference for that state of the industry report.

(5)  The Regulator is to cause a copy of the state of the industry report to be –

(a) laid before each House of Parliament within 7 sitting-days after preparing it; and

(b) made available to members of the public in such a manner as the Regulator considers appropriate.

7A.   Enforcement of Act by Regulator

[Section 7A Inserted by No. 13 of 2015, s. 79, Applied:01 Jul 2015]

(1)  If the Regulator is satisfied that a person who holds a pipeline licence has contravened this Act or the conditions of that licence, the Regulator may impose on the person a monetary penalty not exceeding –

(a) 5 000 penalty units for the first day on which the contravention occurs; and

(b) a further fine not exceeding 200 penalty units for each subsequent day on which the contravention continues.

(2)  If there is more than one person that may be taken to have contravened this Act in respect of a single event, the Regulator may take any action under this section in respect of one or more such persons as the Regulator thinks fit.

(3)  A decision of the Regulator under this section may be subject to administrative review under Part 6 .

PART 2 - Licensing Regulated Activities

Division 1 - .  .  .  .  .  .  .  .  

Division 2 - Requirement for pipeline licence

8.   Regulated activities

(1)  For the purposes of this Act, the following are regulated activities:

(a) construction of, or alteration to, a pipeline for carrying natural gas, petroleum or another regulated substance;

(b) operating and maintaining a pipeline for carrying natural gas, petroleum or another regulated substance;

(c) construction of, or alteration to, a pipeline facility for processing gas or another regulated substance;

(d) operating and maintaining a pipeline facility used for processing gas or another regulated substance;

(e) any other activities for which a licence is required under the regulations.

(2)  In this Act, a reference to a regulated activity includes all operations and activities reasonably necessary for, or incidental to, that activity.

9.   Requirement for pipeline licence

A person must not engage in a regulated activity for which a pipeline licence is required under this Act unless –

(a) that person holds a pipeline licence authorising the relevant activity; or

(b) the activity is authorised under this Act or required under section 36 .

Penalty:  Fine not exceeding 1 200 penalty units.

Division 3 - Grant of pipeline licence

10.   General authority to grant pipeline licence

[Section 10 Amended by No. 59 of 2009, s. 130, Applied:01 Jun 2010] The Regulator may, subject to this Act, grant a pipeline licence.

11.   Application for pipeline licence

(1)  An application for a pipeline licence –

(a) [Section 11 Subsection (1) amended by No. 59 of 2009, s. 131, Applied:01 Jun 2010] is to be made in writing to the Regulator; and

(b) is to be made by a body corporate or a partnership of bodies corporate and state the directors, secretary, public officer and any other person who is able to control the affairs of the body corporate or, as the case may require, of each of the bodies corporate; and

(c) [Section 11 Subsection (1) amended by No. 59 of 2009, s. 131, Applied:01 Jun 2010] is to be accompanied by a statement showing to the satisfaction of the Regulator the financial and technical resources available to the applicant; and

(d) if authority to construct or operate a pipeline is sought, is to contain details of the proposed pipeline network; and

(e) if authority to construct or operate a pipeline facility is sought, is to contain details of the proposed pipeline facility; and

(f) is to be accompanied by the application fee prescribed by the regulations.

(2)  An application for the renewal of a pipeline licence –

(a) [Section 11 Subsection (2) amended by No. 59 of 2009, s. 131, Applied:01 Jun 2010] is to be made in writing to the Regulator at least 3 months, but not more than 6 months, before the end of the licence term preceding the proposed renewal; and

(b) is to be accompanied by the fee prescribed by the regulations.

(3)  [Section 11 Subsection (3) amended by No. 59 of 2009, s. 131, Applied:01 Jun 2010] The Regulator may require an applicant for the grant or renewal of a pipeline licence to provide any further relevant information, documents or materials to assist in assessing and determining the application.

(4)  [Section 11 Subsection (4) amended by No. 59 of 2009, s. 131, Applied:01 Jun 2010] If an applicant fails to comply with a requirement under subsection (3) within 30 days or such longer period as the Regulator may allow, the application lapses.

(5)  If an application for the renewal of a pipeline licence is made before the end of the term of the pipeline licence, that term is extended until the application is determined.

(6)  [Section 11 Subsection (6) amended by No. 13 of 2015, s. 80, Applied:01 Jul 2015] Notice of an application for the grant or renewal of a pipeline licence is to be published, at least 30 days before the application is determined, in the Gazette and in 3 newspapers circulating generally in Tasmania, or in such other manner as the Regulator considers appropriate.

(7)  [Section 11 Subsection (7) amended by No. 59 of 2009, s. 131, Applied:01 Jun 2010] The Regulator must determine an application for the grant or renewal of a pipeline licence within 60 days after receiving the application.

12.   Consideration of application

(1)  [Section 12 Subsection (1) amended by No. 59 of 2009, s. 132, Applied:01 Jun 2010] The Regulator must consider an application for the grant of a pipeline licence and may grant, or refuse to grant, the licence.

(2)  [Section 12 Subsection (2) amended by No. 59 of 2009, s. 132, Applied:01 Jun 2010] The Regulator may grant a pipeline licence only if satisfied that –

(a) the applicant has adequate technical and financial resources to undertake the proposed activities; and

(b) the applicant is a body corporate (or a partnership of 2 or more bodies corporate); and

(c) a permit or other authority for the construction of the pipeline or pipeline facility has been granted under any other relevant law; and

(d) [Section 12 Subsection (2) amended by No. 111 of 2001, s. 31, Applied:17 Dec 2001] .  .  .  .  .  .  .  .  

(e) the applicant can demonstrate compliance with, or an intention to comply with, the requirements of this Act.

(3)  [Section 12 Subsection (3) amended by No. 59 of 2009, s. 132, Applied:01 Jun 2010] [Section 12 Subsection (3) inserted by No. 111 of 2001, s. 31, Applied:17 Dec 2001] The Regulator must not grant a pipeline licence which authorises the construction or operation of a supply pipeline unless an order has been made under section 3(3) declaring the supply pipeline to be treated as a transmission pipeline for the purposes of this Act.

(4)  [Section 12 Subsection (4) amended by No. 59 of 2009, s. 132, Applied:01 Jun 2010] [Section 12 Subsection (4) inserted by No. 111 of 2001, s. 31, Applied:17 Dec 2001] The Regulator must not grant a pipeline licence unless the Director of Gas Safety has provided a certificate that, in his or her opinion, the pipeline or pipeline facility has, or will have, the necessary ability to convey or process gas, petroleum or another regulated substance safely.

13.   Information to be included in licence

A pipeline licence must state –

(a) the name of the licence holder; and

(b) the activities authorised by the licence including, where relevant, the geographical locations of the activities; and

(c) [Section 13 Amended by No. 59 of 2009, s. 133, Applied:01 Jun 2010] the term of the licence and any conditions determined by the Regulator.

14.   Annual fee

(1)  [Section 14 Subsection (1) amended by No. 59 of 2009, s. 134, Applied:01 Jun 2010] A licensee must pay to the Regulator annually and in advance a fee determined by the Regulator that represents the reasonable cost of the administration of this Act with respect to the relevant pipeline licence.

(2)  If a licensee fails to pay a fee in accordance with subsection (1)  –

(a) [Section 14 Subsection (2) amended by No. 59 of 2009, s. 134, Applied:01 Jun 2010] the amount in arrears, unless the Regulator determines otherwise, is to be increased by penalty interest at the prescribed rate; and

(b) [Section 14 Subsection (2) amended by No. 59 of 2009, s. 134, Applied:01 Jun 2010] the Regulator may impose on the licensee a fine of an amount fixed by the Regulator up to a limit of 10 penalty units or 10% of the outstanding fee, whichever is the greater.

(3)  [Section 14 Subsection (3) amended by No. 59 of 2009, s. 134, Applied:01 Jun 2010] The Regulator may for any proper reason remit penalty interest or a fine imposed under subsection (2) wholly or in part.

(4)  [Section 14 Subsection (4) amended by No. 59 of 2009, s. 134, Applied:01 Jun 2010] A fee and any penalty interest or fine imposed by the Regulator under this section may be recovered from the licensee by the Regulator as a debt due to the Crown in any court of competent jurisdiction.

Division 4 - Terms and conditions of licence

15.   Rights conferred by pipeline licence

(1)  A pipeline licence authorises the licensee to construct or to complete the construction of, or to operate, the pipeline or pipeline facility to which it relates.

(2)  A pipeline licence may be granted for the whole or part of a pipeline.

(3)  A pipeline licence may be held only by a body corporate or partnership of 2 or more bodies corporate.

16.   Term and renewal of pipeline licence

[Section 16 Amended by No. 59 of 2009, s. 135, Applied:01 Jun 2010] The term of a pipeline licence is 25 years or a lesser period agreed by the licensee and the Regulator but may be renewed on any terms and conditions as agreed by the licensee and the Regulator.

17.   Preconditions of grant or renewal of pipeline licence

[Section 17 Amended by No. 59 of 2009, s. 136, Applied:01 Jun 2010] As a condition of granting or renewing a pipeline licence, the Regulator may require the applicant to give security, of a kind and amount acceptable to the Regulator, for the due performance of obligations arising under this Act or the pipeline licence.

18.   Condition as to use of information, &c.

[Section 18 Amended by No. 59 of 2009, s. 137, Applied:01 Jun 2010] It is a condition of a pipeline licence that the licensee authorises the Regulator –

(a) to use for the purposes of this Act any information and records provided by the licensee under this Act; and

(b) to disclose information and records provided by the licensee under this Act as authorised by the regulations.

19.   Alteration, extension or re-routing of pipeline

(1)  A licensee must not alter or modify in a material particular, or permit the alteration or any such modification of, the pipeline except as follows:

(a) as authorised in the pipeline licence;

(b) as may be necessary for the repair or maintenance of the pipeline;

(c) as may be necessary for the preservation of life or property in an emergency;

(d) [Section 19 Subsection (1) amended by No. 59 of 2009, s. 138, Applied:01 Jun 2010] as may be authorised by the Regulator.

Penalty:  Fine not exceeding 1 200 penalty units.

(2)  [Section 19 Subsection (2) amended by No. 59 of 2009, s. 138, Applied:01 Jun 2010] A licensee must not extend or re-route a pipeline without the written approval of the Regulator which approval may be granted only if the licensee can show that all permits and other approvals required by law have been granted.

20.   Other conditions

(1)  [Section 20 Subsection (1) amended by No. 59 of 2009, s. 139, Applied:01 Jun 2010] A pipeline licence may be granted on any other reasonable conditions that the Regulator considers appropriate including, without limitation, a condition requiring the licensee to maintain insurance on terms and conditions approved by the Regulator insuring the licensee against liabilities arising from regulated activities under the pipeline licence.

(2)  [Section 20 Subsection (2) amended by No. 59 of 2009, s. 139, Applied:01 Jun 2010] The Regulator may add a condition to a pipeline licence, or vary or revoke a condition of a pipeline licence –

(a) on the renewal of the pipeline licence; or

(b) at any other time with the agreement of the licensee.

21.   Contravention of pipeline licence conditions

A licensee which contravenes a condition of a pipeline licence is guilty of an offence.

Penalty:  Fine not exceeding 1 200 penalty units.

22.   Licensee not liable for failure to supply

(1)  A licensee is not liable to a penalty or damages for failing to convey gas through its pipeline if the failure arises out of any accident or cause beyond the control of the licensee.

(2)  A licensee may enter into an agreement with a person varying or excluding the operation of subsection (1) .

(3)  Nothing in subsection (1) or (2) affects the liability of a licensee under Part 3 .

Division 5 - Miscellaneous

23.   Amendment of licence

[Section 23 Amended by No. 59 of 2009, s. 140, Applied:01 Jun 2010] The Regulator may amend the terms and conditions of a pipeline licence –

(a) with the licensee’s agreement; or

(b) after giving the licensee reasonable notice of the proposed amendment and allowing the licensee a reasonable opportunity to make representations about it.

24.   Transfer of licence

(1)  [Section 24 Subsection (1) amended by No. 59 of 2009, s. 141, Applied:01 Jun 2010] A pipeline licence may be transferred with the Regulator's agreement.

(2)  [Section 24 Subsection (2) amended by No. 59 of 2009, s. 141, Applied:01 Jun 2010] The Regulator may impose conditions on the transfer of a licence or amend the terms and conditions of a licence on its transfer.

25.   Surrender

(1)  [Section 25 Subsection (1) amended by No. 59 of 2009, s. 142, Applied:01 Jun 2010] A licensee may apply to the Regulator to surrender the pipeline licence or to surrender part of the area specified in the pipeline licence.

(2)  [Section 25 Subsection (2) amended by No. 59 of 2009, s. 142, Applied:01 Jun 2010] The Regulator may accept the surrender as from a date specified by the Regulator in a notice of acceptance of the surrender given to the applicant.

(3)  [Section 25 Subsection (3) amended by No. 59 of 2009, s. 142, Applied:01 Jun 2010] If the licensee surrenders part of the pipeline licence area, the pipeline licence continues in respect of the remainder of the pipeline licence area subject to any modification of its conditions that the Regulator considers appropriate in view of the surrender.

(4)  [Section 25 Subsection (4) amended by No. 59 of 2009, s. 142, Applied:01 Jun 2010] The Regulator may accept a surrender on any condition including, without limitation, a condition –

(a) that the applicant pay any monetary obligations incurred before the surrender; or

(b) [Section 25 Subsection (4) amended by No. 59 of 2009, s. 142, Applied:01 Jun 2010] that the applicant provide the Regulator with information that should have been, but has not been, provided before the surrender.

(5)  The application –

(a) is to be in writing; and

(b) is to be submitted at least 6 months before the surrender is to take effect or, if the licence requires a longer period of notice, as required by the licence.

26.   Pipeline to be chattel

A pipeline is a chattel and, subject to section 27 , capable of being acquired, owned, dealt with and disposed of as such.

27.   Inseparability of dealings with pipeline and pipeline land

[Section 27 Amended by No. 59 of 2009, s. 143, Applied:01 Jun 2010] Unless the Regulator gives written consent, a pipeline cannot be transferred, mortgaged or otherwise dealt with separately from the pipeline land related to the pipeline, nor can pipeline land be transferred, mortgaged or dealt with separately from the pipeline to which it relates.

27A.   Acquisition of land, &c.

[Section 27A Inserted by No. 32 of 2003, s. 6, Applied:18 Jun 2003]

(1)  In this section –

telecommunications carrier means the holder of a carrier licence under the Telecommunications Act 1997 of the Commonwealth;

telecommunications infrastructure means infrastructure that is necessary or convenient for the purposes of a telecommunications network within the meaning of the Telecommunications Act 1997 of the Commonwealth.

(2)  A licensee is an acquiring authority under the Land Acquisition Act 1993 and may acquire land under that Act for the purposes of the regulated activities that the licensee is authorised to engage in under its pipeline licence.

(3)  Without limiting subsection (2) , a licensee is taken to be a public authority for the purposes of section 90A(1) of the Conveyancing and Law of Property Act 1884 and, accordingly, may acquire by compulsory process an easement in gross within the meaning of that section of that Act.

(4)  Notwithstanding subsections (2) and (3) –

(a) a licensee may acquire land by compulsory process only if the acquisition is authorised in writing by the Minister; and

(b) a licensee may install and maintain telecommunications infrastructure on land that it has acquired under the Land Acquisition Act 1993 or allow a telecommunications carrier to install and maintain such infrastructure on such land.

(5)  Regulations may be made under section 99 modifying the Land Acquisition Act 1993 in its application to the acquisition of land by licensees under that Act, but not so as to affect the monetary entitlements of persons from whom land is acquired.

Division 6 - Entry on and use of land

28.   Application of Division

This Division applies to –

(a) a licensee; or

(b) [Section 28 Amended by No. 59 of 2009, s. 144, Applied:01 Jun 2010] a body corporate which the Regulator is satisfied proposes to apply for a licence and which has demonstrated to the satisfaction of the Regulator its capacity to comply with the requirements of this Act; or

(c) any agent of a licensee who is authorised in writing for the purpose of this Division; or

(d) any agent of a body corporate referred to in paragraph (b) who is so authorised.

29.   Right of entry on land

(1)  A person to whom this Division applies may, subject to this Part, enter on land with the agreement of the landowner or as authorised under subsection (2)  –

(a) to conduct surveys or to assess the suitability of the land for the construction or installation of a pipeline or pipeline facility; or

(b) for the purpose of gaining access to pipeline land to carry out regulated activities on the land.

(2)  [Section 29 Subsection (2) amended by No. 59 of 2009, s. 145, Applied:01 Jun 2010] The Regulator may authorise a person to whom this Division applies to enter and remain on land under this section on such conditions as the Regulator considers appropriate and, if that person enters on land under that authority, that person must –

(a) comply with any conditions to which that authority is subject; and

(b) do as little damage as possible and act so as to minimise the impact of work carried out by the licensee on the activities of other persons on the land; and

(c) make good any damage caused to the land as a result of carrying out activities on the land.

(3)  A person to whom this Division applies may, in a case where he or she believes on reasonable grounds that an emergency exists, enter and remain on land –

(a) without prior notice if it is not practicable to give notice; and

(b) if necessary in the circumstances, by the use of reasonable force.

(4)  A person authorised to enter on land to ascertain whether that land is suitable for the construction or installation of a pipeline or pipeline facility or to obtain information in relation to that land may –

(a) enter and remain on that land with such assistants, vehicles, machinery and equipment as the person thinks fit; and

(b) make surveys, take levels, sink pits, examine the soil and do any other thing in relation to the land.

(5)  A person authorised to enter on land to ascertain whether other land is suitable for the construction or installation of a pipeline or pipeline facility or to obtain information in respect of other land may enter and remain on the first-mentioned land with such assistants, vehicles, machinery and equipment as the person thinks fit.

(6)  A person to whom this Division applies may use reasonable force to enter on land –

(a) with the authority of a warrant issued by a justice of the peace; or

(b) if the person believes, on reasonable grounds, that the circumstances require immediate action to be taken.

30.   Notice of entry on land

(1)  A licensee must give written notice to the owner or occupier of the land –

(a) of the licensee's intention to enter on the land; and

(b) if the licensee proposes to carry out regulated activities on the land, of the nature of the activities to be carried out on the land.

Penalty:  Fine not exceeding 50 penalty units.

(2)  For the purposes of subsection (1)  –

(a) not less than 7 days' notice is to be given to the owner or occupier; and

(b) the notice may authorise entry on such days as are specified in the notice during a period that is so specified; and

(c) a period specified in a notice under paragraph (b) may be extended by giving a further such notice to the owner or occupier not less than 2 days before the expiration of that period.

31.   Offences

A person must not obstruct, hinder, delay, threaten or assault a person who is –

(a) authorised to enter on land under section 29 ; and

(b) acting in accordance with that section.

Penalty:  Fine not exceeding 10 penalty units.

32.   Landowner's right to compensation

(1)  If an owner of land suffers loss or damage as a result of a licensee entering on land and carrying out regulated activities, the owner is entitled to compensation from the licensee.

(2)  The compensation must take into account –

(a) deprivation or impairment of the use and enjoyment of the land; and

(b) damage to the land (not including damage that has been made good by the licensee); and

(c) damage to, or disturbance of, any business or other activity lawfully conducted on the land.

(3)  If an owner and a licensee do not agree as to the amount of compensation payable under this section, the claim for compensation is to be determined –

(a) [Section 32 Subsection (3) amended by No. 44 of 2002, s. 9, Applied:01 Jul 2003] if it is a small claim within the meaning of the Magistrates Court (Small Claims Division) Act 1989 , by the small claims division of the Magistrates Court; or

(b) in any other case, as if it were a disputed claim under the Land Acquisition Act 1993 .

Division 7 - Record-keeping and reporting requirements

33.   Records to be kept by licensee

(1)  A licensee must maintain –

(a) a record of all regulated activities carried out under the licence including, where appropriate, maps and plans; and

(b) a record of compliance audits by internal or external auditors required under the regulations; and

(c) any other records required by the regulations.

Penalty:  Fine not exceeding 100 penalty units.

(2)  [Section 33 Subsection (2) amended by No. 59 of 2009, s. 146, Applied:01 Jun 2010] The licensee must provide the Regulator or the Director of Gas Safety with a copy of the records maintained under this section at the times required –

(a) [Section 33 Subsection (2) amended by No. 59 of 2009, s. 146, Applied:01 Jun 2010] by the Regulator or Director of Gas Safety by written notice given to the licensee; or

(b) by the regulations.

Penalty:  Fine not exceeding 100 penalty units.

34.   Mandatory reporting of incidents

(1)  A licensee must report to the Director of Gas Safety, as soon as practicable, any incident which occurs in respect of a pipeline or pipeline facility of that licensee.

Penalty:  Fine not exceeding 1 500 penalty units.

(2)  [Section 34 Subsection (2) omitted by No. 60 of 2005, s. 8, Applied:09 Dec 2005] .  .  .  .  .  .  .  .  

(3)  The Chief Officer of the Tasmania Fire Service must report to the Director of Gas Safety any fire or explosion in which he or she suspects gas was a cause or contributing factor.

(4)  If an incident occurs and is caused by the operation or condition of a pipeline or pipeline facility, the pipeline or pipeline facility must not be altered or interfered with unnecessarily by any person so as to prevent a proper investigation of the incident.

Penalty:  Fine not exceeding 1 000 penalty units.

35.   Information to be provided by licensee

(1)  [Section 35 Subsection (1) amended by No. 59 of 2009, s. 147, Applied:01 Jun 2010] A licensee must provide the Regulator or the Director of Gas Safety with any information required by the regulations.

Penalty:  Fine not exceeding 250 penalty units.

(2)  [Section 35 Subsection (2) amended by No. 59 of 2009, s. 147, Applied:01 Jun 2010] A licensee must, within the time specified in a written request by the Regulator or the Director of Gas Safety, provide the Regulator or the Director with any other information that the Regulator or the Director may reasonably require relating to the safe construction, operation or maintenance of the pipeline.

Penalty:  Fine not exceeding 250 penalty units.

(3)  [Section 35 Subsection (3) amended by No. 59 of 2009, s. 147, Applied:01 Jun 2010] If the Regulator or the Director of Gas Safety considers the provision of any information requested under subsection (2) to be essential in the public interest, and so states in the request, failure by the licensee to comply with the request is an offence punishable on summary conviction by a fine not exceeding 1 000 penalty units.

(4)  [Section 35 Subsection (4) amended by No. 59 of 2009, s. 147, Applied:01 Jun 2010] A licensee must, if requested to do so by the Regulator or the Director of Gas Safety, provide the Regulator or the Director with an expert report, within the time specified in the request, verifying information provided to the Regulator or the Director by the licensee.

Penalty:  Fine not exceeding 100 penalty units.

(5)  A request under subsection (4) must either nominate the person by whom the expert report is to be prepared or state the nature of the qualifications and experience that the person who prepares the report must possess.

Division 8 - Powers of Regulator or Director of Gas Safety

36.   Regulator or Director of Gas Safety may give directions

(1)  [Section 36 Subsection (1) amended by No. 59 of 2009, s. 149, Applied:01 Jun 2010] The Regulator or the Director of Gas Safety may, by notice in writing given to a licensee, direct the licensee –

(a) to carry out specified obligations under this Act or the pipeline licence within a specified period; or

(b) to cease specified activities that constitute, or are likely to constitute, a contravention of this Act or the pipeline licence.

(2)  The licensee must comply with a direction under subsection (1) within the period, if any, specified in the notice.

Penalty:  Fine not exceeding 1 000 penalty units.

(3)  [Section 36 Subsection (3) amended by No. 59 of 2009, s. 149, Applied:01 Jun 2010] If the licensee fails to comply with a direction under subsection (1) within the period, if any, specified in the notice, the Regulator or Director of Gas Safety may take the action required or arrange for the required action to be taken and recover the cost from the licensee in any court of competent jurisdiction as a debt due to the Crown.

37.   Powers of Regulator and Director of Gas Safety as to surveys, &c.

[Section 37 Amended by No. 59 of 2009, s. 150, Applied:01 Jun 2010] For the purpose of ensuring the due compliance with the terms and conditions of a pipeline licence, the Regulator or the Director of Gas Safety may –

(a) undertake surveys and inspections; and

(b) enter on land for any such purpose.

38.   Power to take over operations

(1)  If –

(a) a licensee contravenes this Act and the contravention is in the opinion of the Governor of a sufficiently serious nature, or a licence is cancelled or expires without renewal; and

(b) it is necessary, in the Governor’s opinion, to take over the licensee’s operations, or some of them, to ensure that the licensee’s customers receive an adequate supply of gas, petroleum or another regulated substance –

the Governor may make an order under this section.

(2)  [Section 38 Subsection (2) amended by No. 59 of 2009, s. 151, Applied:01 Jun 2010] Before an order is made under this section, the Regulator must give the licensee a reasonable opportunity to make written representations giving reasons why the order should not be made.

(3)  An order under this section –

(a) [Section 38 Subsection (3) amended by No. 59 of 2009, s. 151, Applied:01 Jun 2010] authorises the Regulator to take over the licensee’s operations or a specified part of the licensee’s operations; and

(b) may contain ancillary directions including, without limitation, directions about how the costs of carrying on the operations and revenue generated from the operations are to be dealt with.

(4)  A licensee must comply with an order under subsection (3)(a) notwithstanding any rights conferred under this Act or any other law.

39.   Appointment of operator

(1)  [Section 39 Subsection (1) amended by No. 59 of 2009, s. 152, Applied:01 Jun 2010] When an order is made under this Part, the Regulator must appoint a suitable person (who may, but need not, be a licensee) to take over the relevant operations on agreed terms and conditions.

(2)  A person appointed to take over a licensee’s operations is referred to in this section as the "operator".

(3)  The licensee must facilitate the takeover of the relevant operations by the operator.

(4)  The operator may have access to the pipeline or pipeline facility and any other property of the licensee for the purposes of carrying on the relevant operations.

(5)  A person must not obstruct the operator's access to property or the exercise by the operator of the operator's responsibilities under this Part.

Penalty:  Fine not exceeding 1 000 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.

(6)  A person must comply with reasonable directions given by the operator in the exercise of the operator's responsibilities under this Part.

Penalty:  Fine not exceeding 1 000 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.

Division 9 - Suspension or revocation of pipeline licence

40.   Suspension of pipeline licence by agreement

[Section 40 Amended by No. 59 of 2009, s. 153, Applied:01 Jun 2010] The Regulator may, by agreement with the licensee, suspend a pipeline licence for a specified period.

41.   Revocation of pipeline licence

(1)  [Section 41 Subsection (1) amended by No. 59 of 2009, s. 154, Applied:01 Jun 2010] Where a licensee –

(a) [Section 41 Subsection (1) amended by No. 59 of 2009, s. 154, Applied:01 Jun 2010] fails to comply with a reasonable requirement to provide the Regulator with any information relating to any activity arising from, or for the purpose of, the construction or operation of a pipeline or pipeline facility; or

(b) in doing or omitting to do any act, commits a material contravention of a condition to which the pipeline licence is subject; or

(c) [Section 41 Subsection (1) amended by No. 59 of 2009, s. 154, Applied:01 Jun 2010] has contravened this Act and in the Regulator's opinion the contravention is so serious as to warrant action under this section –

the Regulator may, in accordance with this section –

(d) [Section 41 Subsection (1) amended by No. 59 of 2009, s. 154, Applied:01 Jun 2010] suspend the pipeline licence for a specified period or until the Regulator terminates the suspension; or

(e) revoke the pipeline licence.

(2)  [Section 41 Subsection (2) amended by No. 59 of 2009, s. 154, Applied:01 Jun 2010] Before the Regulator suspends or revokes the pipeline licence, the Regulator must give the licensee a notice of default –

(a) specifying the default; and

(b) [Section 41 Subsection (2) amended by No. 59 of 2009, s. 154, Applied:01 Jun 2010] stating the action that the Regulator proposes to take; and

(c) if the default is capable of being remedied, allowing the licensee a reasonable opportunity to remedy the default; and

(d) whether or not the default is capable of being remedied, giving the licensee a reasonable opportunity to show cause why the proposed action should not be taken.

(3)  [Section 41 Subsection (3) amended by No. 59 of 2009, s. 154, Applied:01 Jun 2010] If the notice allows the licensee an opportunity to remedy a default and the licensee remedies the default to the Regulator's satisfaction, the Regulator must not suspend or revoke the licence by reason of that default.

(4)  [Section 41 Subsection (4) amended by No. 59 of 2009, s. 154, Applied:01 Jun 2010] The licensee, within the period allowed by the notice, may arrange with the Regulator for the making of submissions to the Regulator as to why any such action should not be taken and the Regulator must consider any submissions so made.

(5)  [Section 41 Subsection (5) amended by No. 59 of 2009, s. 154, Applied:01 Jun 2010] The Regulator may, after that period, take action against the licensee as the Regulator sees fit by giving written notice to the licensee –

(a) of the revocation of the pipeline licence for the construction or operation of a pipeline or a pipeline facility or the variation of its terms; or

(b) in the form of a letter of censure.

(6)  A revocation of a pipeline licence under this section takes effect when the notice is given or on a later date specified in the notice.

(7)  A letter of censure may censure the licensee in respect of any matter arising from the construction or operation of the pipeline facility and may include a direction to the licensee to rectify within a specified time any matter giving rise to the letter of censure.

(8)  [Section 41 Subsection (8) amended by No. 59 of 2009, s. 154, Applied:01 Jun 2010] If the direction is contravened, the Regulator may revoke the pipeline licence without affording the licensee a further opportunity to be heard.

Division 10 - Public notification of grant, &c., of pipeline licence

42.   Public notification to be given in Gazette, &c.

(1)  Notice of the grant, suspension or revocation of a pipeline licence is to be published in the Gazette.

(2)  [Section 42 Subsection (2) amended by No. 13 of 2015, s. 81, Applied:01 Jul 2015] Notice of the surrender of a pipeline licence or of the surrender of a pipeline licence or part of a pipeline licence is to be published in the Gazette and in a newspaper circulating generally in Tasmania, or in such other manner as the Regulator considers appropriate.

PART 3 - Safe operation of regulated activities

Division 1 - Preliminary

43.   Interpretation

In this Part,

Director means the Director of Gas Safety.

44.   Functions of Director

The Director has the functions of the monitoring and regulation of safety and technical standards with respect to –

(a) regulated activities; and

(b) pipelines, pipeline facilities and associated works.

45.   Regulated activities to be carried out with due care

A licensee must carry out regulated activities with due care having particular regard to –

(a) the health and safety of persons who may be affected by those activities; and

(b) the need to ensure that pipelines or pipeline facilities for transporting and processing gas are designed, constructed, managed and operated prudentially so as to provide a reliable and adequate supply of gas.

Penalty:  Fine not exceeding 1 200 penalty units.

46.   Safety requirements

A licensee must carry out regulated activities in accordance with good industry practice by compliance with the whole or parts of the standards and codes stated in the licence or prescribed by the regulations.

Penalty:  Fine not exceeding 1 200 penalty units.

Division 2 - Requirement for safety and operating plan for pipelines

47.   Requirement for safety and operating plan for pipelines

(1)  A licensee must demonstrate compliance with the standards and codes prescribed by the regulations in the form of a safety and operating plan submitted to the Director.

(2)  The safety and operating plan must be in writing and, in accordance with the regulations, must identify the safety system in place, or intended to be in place, and state the risk management activities undertaken, or intended to be undertaken –

(a) to comply with the licensee's duties under sections 45 and 46 ; and

(b) to ensure the safe operation of a pipeline and the safe conveyance, supply, measurement or control of gas, petroleum or other regulated substance.

(3)  [Section 47 Subsection (3) amended by No. 57 of 2002, s. 4, Applied:05 Dec 2002] A licensee must not commission or commence to operate a pipeline unless a safety and operating plan for that pipeline has been independently certified by a person approved by the Director as conforming to any standard or code prescribed by the regulations.

Penalty:  Fine not exceeding 1 500 penalty units.

(4)  A licensee must thoroughly review and revise a safety and operating plan in accordance with the review schedule as provided in the plan.

Penalty:  For a breach of this subsection, a fine not exceeding 500 penalty units.

48.   Additional safety plan

If a safety and operating plan does not, in the opinion of the Director, provide for the safe construction of a pipeline, the Director may require the licensee to provide an additional safety plan for the construction.

49.   Additional information

(1)  The Director may require a licensee to provide additional information that the Director believes is necessary to adequately demonstrate compliance with the prescribed safety standards and codes.

(2)  The Director is not required to further consider the safety and operating plan until the licensee provides the additional information.

50.   Audit of safety and operating plan for pipeline

(1)  A licensee must ensure that the implementation of its safety and operating plan is audited as required by the Director.

(2)  A licensee must, within 14 days after receipt of a report on the audit, forward a copy of the report to the Director.

Penalty:  Fine not exceeding 50 penalty units.

51.   Acceptance of safety and operating plan

The Director must accept a safety and operating plan if satisfied that it has been prepared in accordance with the Director's directions.

52.   Provisional acceptance of safety and operating plan

(1)  The Director may provisionally accept a safety and operating plan if satisfied that –

(a) it has not been prepared in accordance with the Director's directions in only a minor respect; and

(b) despite that failure, it will provide for the safe operation of the pipeline.

(2)  The Director must notify the licensee in writing of his or her decision to accept provisionally a safety and operating plan.

(3)  The notice of acceptance must state –

(a) the period when the provisional acceptance will be in force; and

(b) the extent to which the safety and operating plan has been accepted; and

(c) any limitations or conditions which will apply in respect of the use or operation of the pipeline while the provisional acceptance is in force.

53.   Non-acceptance of safety and operating plan

(1)  If the Director does not accept a safety and operating plan, the Director must –

(a) notify the licensee in writing of the non-acceptance; and

(b) give the licensee an opportunity to modify and resubmit the safety and operating plan.

(2)  A modified safety and operating plan must be submitted to the Director within 28 days after a notice is given under subsection (1) .

(3)  After considering a modified safety and operating plan, the Director must give notice in writing of his or her decision to the licensee, including the reasons for that decision.

54.   Compliance with safety and operating plan

(1)  A licensee must comply with the accepted safety and operating plan for a pipeline in respect of the management and operation of the pipeline.

Penalty:  Fine not exceeding 1 500 penalty units.

(2)  A licensee must not –

(a) undertake or permit a modification of a pipeline that has the potential to increase significantly the overall levels of risk in respect of the pipeline; or

(b) undertake or permit a modification that has the potential to influence significantly the level of a specific risk or the ranking of risk-contributing factors; or

(c) make or permit a significant change to the safety management system in respect of the pipeline –

unless the Director has accepted the safety and operating plan in respect of that matter for the pipeline.

Penalty:  Fine not exceeding 1 500 penalty units.

55.   Revision of safety and operating plan

A licensee must submit a revised safety and operating plan to the Director if –

(a) a significant modification to the pipeline is proposed that could increase any risks or danger to persons or property; or

(b) any other significant change in operation or management is proposed that will require any act to reduce risks and maintain compliance with this Act.

56.   Director may require submission of revised safety and operating plan

(1)  The Director may at any time require a licensee to submit a revised safety and operating plan.

(2)  The requirement –

(a) is to be in writing; and

(b) is to set out –

(i) the matters to be dealt with in the required revision; and

(ii) the proposed date of effect of the revision; and

(iii) the grounds for the requirement.

(3)  The licensee of which the requirement is made may make a submission to the Director on all or any of the following grounds:

(a) that the revision should not occur;

(b) that the revision should be in different terms from the proposed terms;

(c) that the revision should take effect on a later date than the proposed date of effect.

(4)  The submission –

(a) is to be in writing; and

(b) is to state the licensee's reasons for the submission; and

(c) is to be made within 28 days, or such later period as the Director in writing allows, after the requirement is received.

(5)  If a licensee makes a submission under this section, the Director must decide –

(a) to accept the submission or part of the submission and vary or withdraw the requirement accordingly; or

(b) to reject the submission.

(6)  The Director must give the licensee notice in writing of his or her decision on the submission and the reasons for that decision.

57.   Offence to fail to submit required safety and operating plan revision

On a requirement for a revision of a safety and operating plan under section 56 , the licensee must submit a revised safety and operating plan for a pipeline to the Director –

(a) if the licensee does not make a submission under that section, within a period of not less than 60 days specified by the Director in the requirement; or

(b) if the licensee has made a submission under that section and the Director has not withdrawn the requirement, within a period of not less than 60 days specified by the Director in the decision on the submission.

Penalty:  Fine not exceeding 400 penalty units.

58.   Provisions applicable to revised safety and operating plan

Sections 49 , 50 , 51 , 52 and 53 apply to the revision of a safety and operating plan in the same manner as they apply to a safety and operating plan.

Division 3 - Requirement for safety case for pipeline facility

59.   Requirement for safety case for pipeline facility

(1)  A licensee must demonstrate compliance with the standards and codes prescribed by the regulations in the form of a safety case submitted to the Director.

(2)  The safety case must be in writing and, in accordance with the regulations, must identify the safety system in place, or intended to be in place, and state the risk management activities undertaken, or intended to be undertaken –

(a) to comply with the licensee's duties under sections 45 and 46 ; and

(b) to ensure the safe operation of a pipeline facility and the safe conveyance, supply, measurement or control of gas, petroleum or other regulated substance.

(3)  [Section 59 Subsection (3) amended by No. 111 of 2001, Sched. 1, Applied:17 Dec 2001] A licensee must not commission or commence to operate a pipeline facility unless a safety case for that facility has been independently certified and accepted or provisionally accepted under this Part.

Penalty:  Fine not exceeding 1 500 penalty units.

(4)  A licensee must thoroughly review a safety case and submit it to the Director every 5 years for his or her approval.

60.   Additional information

(1)  The Director may require a licensee to provide additional information that the Director believes is necessary to adequately demonstrate compliance with the prescribed safety standards and codes.

(2)  The Director is not required to further consider the safety case until the licensee provides the additional information.

61.   Certification of safety case for pipeline facility

(1)  [Section 61 Subsection (1) amended by No. 111 of 2001, Sched. 2, Applied:17 Dec 2001] A licensee must obtain an independent certification of a safety case before submitting that safety case to the Director.

(2)  [Section 61 Subsection (2) amended by No. 111 of 2001, Sched. 2, Applied:17 Dec 2001] The certification of a safety case must assess the design, construction, commissioning or operation of a pipeline facility to which the safety case relates and any other matters relating to the fitness of the pipeline facility.

(3)  [Section 61 Subsection (3) amended by No. 111 of 2001, Sched. 2, Applied:17 Dec 2001] The licensee must establish to the satisfaction of the Director that each person undertaking the certification of a safety case or part of a safety case has the necessary competence and ability, and access to information, to form an independent opinion on the validity of a safety case or part of a safety case.

(4)  [Section 61 Subsection (4) amended by No. 111 of 2001, Sched. 2, Applied:17 Dec 2001] The Director is not required to consider a safety case until the independent certification is provided.

62.   Acceptance of safety case

[Section 62 Amended by No. 111 of 2001, Sched. 2, Applied:17 Dec 2001] The Director must accept a safety case if satisfied that the certification adequately demonstrates compliance with the regulations for the safe construction and operation of a pipeline facility.

63.   Provisional acceptance of safety case

(1)  [Section 63 Subsection (1) amended by No. 111 of 2001, Sched. 1, Applied:17 Dec 2001] The Director may provisionally accept a certified safety case if satisfied that –

(a) it fails to comply with the regulations mentioned in section 62 only in a minor respect; and

(b) despite that failure, it will provide for the safe operation of the pipeline facility.

(2)  The Director must notify the licensee in writing of his or her decision to provisionally accept a safety case.

(3)  The notice of acceptance must state –

(a) the period when the provisional acceptance will be in force; and

(b) the extent to which the safety case has been accepted; and

(c) any limitations or conditions which will apply in respect of the use or operation of the pipeline facility while the provisional acceptance is in force.

64.   Non-acceptance of safety case

(1)  If the Director does not accept a safety case as an adequate demonstration of the licensee's compliance with its duties under this Part, the Director must –

(a) notify the licensee in writing of the non-acceptance; and

(b) give the licensee an opportunity to modify and resubmit the safety case.

(2)  A modified safety case must be submitted to the Director within 28 days after a notice is given under subsection (1) .

(3)  After considering a modified safety case, the Director must give notice in writing of his or her decision to the licensee, including the reasons for that decision.

65.   Director may determine safety cases

(1)  The Director may determine the safety case that is to apply in respect of a pipeline facility which is in operation at the time of determination if –

(a) the licensee fails to submit a safety case for the pipeline facility in accordance with this Division; or

(b) the Director has decided not to accept a safety case for the pipeline facility.

(2)  If the Director determines the safety case that is to apply to a pipeline facility, the costs of that determination are to be borne by the licensee.

(3)  If the Director determines the safety case to apply to a pipeline facility, the Director must give notice in writing to the licensee of that determination.

(4)  On notice being given to the licensee under subsection (3) , the safety case determined by the Director is taken, for the purposes of this Act, to be the accepted safety case for the pipeline facility to which it applies.

(5)  [Section 65 Subsection (5) amended by No. 111 of 2001, Sched. 1, Applied:17 Dec 2001] Nothing in subsection (4) prevents a licensee from submitting a certified safety case or a revised safety case for a pipeline facility to the Director for acceptance under this Division.

66.   Compliance with safety case

(1)  A licensee must comply with an accepted safety case for a pipeline facility in respect of the management and operation of the pipeline facility.

Penalty:  Fine not exceeding 1 500 penalty units.

(2)  A licensee must comply with an accepted safety case for a pipeline facility in respect of the removal, dismantling or decommissioning of the pipeline facility.

Penalty:  Fine not exceeding 500 penalty units.

(3)  [Section 66 Subsection (3) amended by No. 111 of 2001, Sched. 1, Applied:17 Dec 2001] A licensee must not –

(a) undertake or permit a modification of a pipeline facility that has the potential to increase significantly the overall levels of risk in respect of the pipeline facility; or

(b) undertake or permit a modification that has the potential to influence significantly the level of a specific risk or the ranking of risk-contributing factors; or

(c) make or permit a significant change to the safety management system in respect of the pipeline facility –

unless the Director has accepted a certified revision of the safety case in respect of that matter for the pipeline facility.

Penalty:  Fine not exceeding 1 500 penalty units.

67.   Revision of safety case

A licensee must submit a revised safety case to the Director if –

(a) a significant modification is proposed that could increase any risks or danger to persons or property; or

(b) the licensee proposes to dismantle, decommission or remove any part of the pipeline facility in a manner different from the procedures set out in the safety case; or

(c) any other significant change in operation or management is proposed that will require any act to reduce risks and maintain compliance with this Act.

68.   Director may require submission of revised safety case

(1)  The Director may at any time require a licensee to submit a revised safety case.

(2)  The requirement –

(a) is to be in writing; and

(b) is to set out –

(i) the matters to be dealt with in the required revision; and

(ii) the proposed date of effect of the revision; and

(iii) the grounds for the requirement.

(3)  The licensee of which the requirement is made may make a submission to the Director on all or any of the following grounds:

(a) that the revision should not occur;

(b) that the revision should be in different terms from the proposed terms;

(c) that the revision should take effect on a later date than the proposed date of effect.

(4)  The submission –

(a) is to be in writing; and

(b) is to state the licensee's reasons for the submission; and

(c) is to be made within 21 days, or such later period as the Director in writing allows, after the requirement is received.

(5)  If a licensee makes a submission under this section, the Director must decide –

(a) to accept the submission or part of the submission and vary or withdraw the requirement accordingly; or

(b) to reject the submission.

(6)  The Director must give the licensee notice in writing of his or her decision on the submission and the reasons for that decision.

69.   Offence to fail to submit required safety case revision

On a requirement for a revision of a safety case under section 68 , the licensee must submit a revised safety case for a pipeline facility to the Director –

(a) if the licensee does not make a submission under that section, within a period of not less than 60 days specified by the Director in the requirement; or

(b) if the licensee has made a submission under that section and the Director has not withdrawn the requirement, within a period of not less than 60 days specified by the Director in the decision on the submission.

Penalty:  Fine not exceeding 400 penalty units.

70.   Provisions applicable to revised safety case

Sections 60 , 61 , 62 , 63 and 64 apply to the revision of a safety case in the same manner as they apply to a safety case.

Division 4 - Pipeline planning corridors

70A.   Interpretation

[Section 70A of Part 3 Inserted by No. 57 of 2002, s. 5, Applied:05 Dec 2002] In this Division –

affected pipeline means the pipeline in respect of which a pipeline planning corridor has been declared under this Division;

appeal means an appeal to the Tribunal under Division 3 of Part 4 of the Land Use Planning and Approvals Act 1993 ;

AS 2885 means AS 2885 Pipelines - Gas and liquid petroleum published by the Standards Association of Australia, as in force from time to time (including any code or standard having effect under that standard);

condition includes restriction;

discretionary development means a development or use to which section 57 of the Land Use Planning and Approvals Act 1993 applies;

permitted development means a development or use to which section 58 of the Land Use Planning and Approvals Act 1993 applies;

pipeline licensee, for a pipeline planning corridor, means the holder of a pipeline licence for the affected pipeline;

pipeline planning corridor means a planning corridor declared by an order in force under section 70B(1) ;

planning authority means a planning authority within the meaning of the Land Use Planning and Approvals Act 1993 ;

safety condition means a condition imposed on a permit for a permitted or discretionary development in order to apply, adopt or otherwise give effect to a safety requirement contained in AS 2885.

70B.   Declaration of pipeline planning corridors

[Section 70B of Part 3 Inserted by No. 57 of 2002, s. 5, Applied:05 Dec 2002]

(1)  To limit potential impacts on the risk profile of a proposed or existing pipeline the Minister may, by order, declare a planning corridor in respect of that pipeline.

(2)  In determining the width of the pipeline planning corridor the Minister may have regard to AS 2885.

(3)  The Minister may revoke an order under subsection (1) at any time and must do so without delay if he or she becomes aware that –

(a) in the case of an order for a proposed pipeline, the pipeline will never be constructed or made operational; or

(b) in the case of an order for an existing pipeline, the pipeline has been dismantled or has ceased permanently to be operational.

(4)  [Section 70B Subsection (4) amended by No. 34 of 2015, s. 10, Applied:01 Jan 2016] The Minister is to cause notice of the declaration of a pipeline planning corridor to be given to the Minister to whom the administration of the Water Management Act 1999 is assigned.

70C.   Effect of declarations: permitted development applications

[Section 70C of Part 3 Inserted by No. 57 of 2002, s. 5, Applied:05 Dec 2002]

(1)  If application is made for a permit for a permitted development wholly or partly within a pipeline planning corridor –

(a) the relevant planning authority must give the pipeline licensee notice of the application and, subject to the time constraints of section 58(2) of the Land Use Planning and Approvals Act 1993 , at least 14 days in which to advise the authority on the proposed development; and

(b) the pipeline licensee may, within that period, give the planning authority such advice on the application as the pipeline licensee thinks fit and in so doing may recommend that the permit be granted subject to safety conditions specified in the advice.

(2)  If the pipeline licensee gives such advice, the planning authority –

(a) may have regard to the advice in determining the application; and

(b) may, without limiting its discretion but subject to paragraph (c) , grant the permit subject to any safety condition recommended by the pipeline licensee (with or without modification); and

(c) must not grant the permit subject to a condition that conflicts with any condition contained in the safety and operating plan certified under section 47(3) for the affected pipeline.

(3)  If the planning authority decides to grant the permit subject to a safety condition and the applicant lodges an appeal against that decision –

(a) the planning authority must give the pipeline licensee notice of the appeal; and

(b) the pipeline licensee is, for the purposes of section 14 of the Resource Management and Planning Appeal Tribunal Act 1993 , taken to be a person whose interests are affected by the decision and who has a proper interest in the subject matter of the appeal.

(4)  If the Tribunal is satisfied on hearing the appeal that the safety condition –

(a) was recommended to the planning authority by the pipeline licensee; and

(b) is in the same or essentially the same terms as the pipeline licensee recommended; and

(c) exceeds the requirements of AS 2885 as in force when the affected pipeline was constructed; and

(d) has added to the cost of the development –

the Tribunal is (if it is appropriate to do so having regard to its decision on the appeal) to order that the pipeline licensee reimburse the applicant for the additional cost or such part of the additional cost as the Tribunal determines is fair in the circumstances.

70D.   Effect of declarations: discretionary development applications

[Section 70D of Part 3 Inserted by No. 57 of 2002, s. 5, Applied:05 Dec 2002]

(1)  If application is made for a permit for a discretionary development wholly or partly within a pipeline planning corridor –

(a) the relevant planning authority must, when notice of the application is given under section 57 of the Land Use Planning and Approvals Act 1993 , refer the application to the pipeline licensee; and

(b) the pipeline licensee may, within the 14 day or further representation period allowed under section 57(5) of the Land Use Planning and Approvals Act 1993 , give the planning authority such advice on the application as it thinks fit and in so doing may recommend that, if granted, the permit should be made subject to safety conditions specified in the advice.

(2)  If the pipeline licensee fails to give any such advice, the planning authority may determine the application without further reference to the pipeline licensee.

(3)  If the pipeline licensee gives any such advice –

(a) the planning authority is to have regard to the advice in determining the application; and

(b) the advice is taken to be a representation made under section 57(5) of the Land Use Planning and Approvals Act 1993 in relation to the application; and

(c) the planning authority may, without limiting its discretion in the event it approves the application but subject to paragraph (d) , grant the permit subject to any safety condition recommended by the pipeline licensee (with or without modification); and

(d) the planning authority must not grant the permit subject to a condition that conflicts with any condition contained in the safety and operating plan certified under section 47(3) for the affected pipeline.

(4)  If the permit is granted subject to a safety condition and the Tribunal is satisfied on an appeal against that safety condition that it –

(a) was recommended to the planning authority by the pipeline licensee; and

(b) is in the same or essentially the same terms as the pipeline licensee recommended; and

(c) exceeds the requirements of AS 2885 as in force when the affected pipeline was constructed; and

(d) has added to the cost of the development –

the Tribunal may (if it is appropriate to do so having regard to its decision on the appeal) order that the pipeline licensee reimburse the applicant for the additional cost or such part of the additional cost as the Tribunal determines is fair in the circumstances.

(5)  Section 57(2) of the Land Use Planning and Approvals Act 1993 does not apply to an application referred to in subsection (1) .

(6)  When a planning authority complies with section 57(7) of the Land Use Planning and Approvals Act 1993 for an application referred to in subsection (1) , it must also serve notice of its decision on the pipeline licensee whether or not the pipeline licensee has given it advice on the application.

(7)  The failure of a planning authority to comply with subsection (1) for a development application does not invalidate a permit for the development but, in any such case, the pipeline licensee has the same right of appeal against the grant of the permit as a person who made representations in relation to the application.

70E.   Orders of Tribunal

[Section 70E of Part 3 Inserted by No. 57 of 2002, s. 5, Applied:05 Dec 2002]

(1)  In making an order under section 70C(4) , or in determining whether to make an order under section 70D(4) and in making any such order, the Tribunal is to have regard to –

(a) whether or not the future land use and development considerations applicable to pipeline design and construction under AS 2885, as in force when the affected pipeline was designed, were taken into account in the design and construction of the affected pipeline; and

(b) whether any compensation has been paid or awarded under the Land Acquisition Act 1993 or Major Infrastructure Development Approvals Act 1999 to the owners or former owners of land affected by the proposed development and, if so, the amount paid or awarded.

(2)  An order of the Tribunal under section 70C(4) or section 70D(4) is enforceable in the same manner as a judgment of a court of competent jurisdiction.

(3)  The power of the Tribunal to make an order under section 70C(4) or section 70D(4) on an appeal under the Land Use Planning and Approvals Act 1993 is in addition to any other power that it may exercise on the appeal.

70F.   Effect of declarations: minor amendments of permits

[Section 70F of Part 3 Inserted by No. 57 of 2002, s. 5, Applied:05 Dec 2002] A planning authority must, in making any determination under section 56(2)(b) of the Land Use Planning and Approvals Act 1993 , have regard to the safety of any affected pipeline.

70G.   Effect of declarations: compensation and land acquisition

[Section 70G of Part 3 Inserted by No. 57 of 2002, s. 5, Applied:05 Dec 2002]

(1)  Except for any costs or compensation that may be ordered to be paid pursuant to –

(a) section 70C(4) or section 70D(4) ; or

(b) section 279A(2) or (3) of the Water Management Act 1999  –

the declaration of a pipeline planning corridor does not entitle a person to claim or recover compensation under this or any other Act for any loss or detriment that the person may suffer in consequence of the declaration.

(2)  The declaration of a pipeline planning corridor over any land does not constitute injurious affection of that land or any other land for the purposes of the Land Acquisition Act 1993 , Major Infrastructure Development Approvals Act 1999 or any other Act.

PART 4 - Safety net

71.   Safety net

(1)  [Section 71 Subsection (1) amended by No. 59 of 2009, s. 155, Applied:01 Jun 2010] The Regulator may enter into an agreement with a licensee –

(a) that, if the pipeline licence is at some future time found to be wholly or partially invalid due to circumstances beyond the control of the licensee, the licensee will have a preferential right to the grant of a new pipeline licence; and

(b) stating the terms and conditions on which the new pipeline licence will be granted.

(2)  [Section 71 Subsection (2) amended by No. 59 of 2009, s. 155, Applied:01 Jun 2010] The Regulator must consider any proposal by a licensee for an agreement under this section.

PART 5 - Investigation and enforcement

72.   Authorised investigations

An investigation by an authorised officer is an authorised investigation for the purposes of this Part if the purpose of the investigation is –

(a) to monitor compliance with this Act; or

(b) to gather information about a suspected offence against this Act; or

(c) to gather information about personal injury or damage to, or loss of, property related to authorised activities.

73.   Power of entry

(1)  An authorised officer may, as may reasonably be required for an authorised investigation, enter and remain on any land.

(2)  Where an authorised officer enters on land under this section, the authorised officer –

(a) may be accompanied by such assistants as the authorised officer considers necessary or appropriate; and

(b) may take on the land any vehicles or equipment the authorised officer considers necessary or appropriate for the functions that the authorised officer is to carry out on the land.

(3)  An authorised officer may use reasonable force to enter on land under this Part if –

(a) the entry is authorised by a warrant issued by a justice of the peace; or

(b) the entry is necessary in an emergency.

(4)  A justice of the peace must not issue the warrant unless satisfied, on information given on oath, that the warrant is reasonably required in the circumstances.

(5)  An authorised officer must be accompanied by a member of the police force –

(a) when entering a place under warrant; or

(b) if it is practicable to do so, when entering on land by force in an emergency.

74.   General investigative powers of authorised officers

(1)  An authorised officer who enters on land under this Act may exercise any one or more of the following powers:

(a) to investigate whether the provisions of this Act are being, or have been, complied with;

(b) to examine and test any pipeline or pipeline facility on the land to ascertain whether the pipeline or pipeline facility is safe and complies with the requirements of this Act;

(c) to investigate an accident suspected to involve gas or another regulated substance;

(d) to investigate a suspected interference with a pipeline or pipeline facility;

(e) to investigate a suspected theft or diversion of gas or another regulated substance;

(f) to search for, examine and copy, or take an extract from, a document or record of any kind as reasonably required for the purposes of the enforcement of this Act;

(g) to take photographs or make films or other records of activities on the land or any pipeline or pipeline facility on the land;

(h) to take possession of any thing that may be evidence of an offence against this Act.

(2)  A person must not, without reasonable excuse, obstruct an authorised officer in the exercise of powers under this section.

Penalty:  Fine not exceeding 50 penalty units.

(3)  If an authorised officer takes possession of a thing that may be evidence of an offence –

(a) the authorised officer must give to the occupier of the place a receipt for the thing; and

(b) the thing must be returned to its owner –

(i) if proceedings for an offence are not commenced within 6 months after the authorised officer takes possession of the thing, at the end of that period; or

(ii) [Section 74 Subsection (3) amended by No. 59 of 2009, s. 156, Applied:01 Jun 2010] if any such proceedings are commenced within that period, on completion of the proceedings, unless the court, on application by the Regulator or the Director of Gas Safety, orders confiscation of the thing.

(4)  A court may order the confiscation of any thing of which an authorised officer has taken possession under subsection (1) if of the opinion that the thing has been used for the purpose of committing an offence or that there is some other proper reason for ordering its confiscation.

(5)  [Section 74 Subsection (5) amended by No. 59 of 2009, s. 156, Applied:01 Jun 2010] If the court orders the confiscation of any thing, the Regulator or Director of Gas Safety may dispose of the thing.

75.   Power to require information

(1)  An authorised officer may require a person to provide information in the person's possession relevant to an authorised investigation.

(2)  An authorised officer may require a person to produce documents in the person's possession that may be relevant to an authorised investigation for inspection by the authorised officer.

(3)  A person must not, without reasonable excuse, fail to comply with a requirement under this section.

Penalty:  Fine not exceeding 100 penalty units.

(4)  A person is not required to give information or produce a document under this section if the answer to the question or the contents of the document would tend to incriminate the person of an offence.

76.   Production of records

(1)  A person who has possession or control of a record relating to regulated activities must, at the request of an authorised officer –

(a) produce the record for inspection by the authorised officer; and

(b) answer any questions that the authorised officer reasonably asks about the record.

Penalty:  Fine not exceeding 100 penalty units.

(2)  An authorised officer may retain records produced under this section for the purpose of making copies of them.

77.   Publication of result of investigation

(1)  [Section 77 Subsection (1) amended by No. 59 of 2009, s. 157, Applied:01 Jun 2010] The Regulator or the Director of Gas Safety may publish a report setting out the results of an authorised investigation.

(2)  A report published under this section is protected by absolute privilege.

PART 6 - Administrative review and appeals

Division 1 - Application of Part

78.   

79.   Decisions, &c., subject to review and appeal

Any decision made under this Act, other than a decision for the purposes of entry on land, is a reviewable administrative decision.

Division 2 - Administrative review

80.   Application for administrative review

(1)  [Section 80 Subsection (1) amended by No. 59 of 2009, s. 159, Applied:01 Jun 2010] A person directly affected by a reviewable administrative decision may, within 28 days after receiving notice of the decision, apply to the Regulator or Director of Gas Safety, whichever made the decision, for administrative review in accordance with this Division.

(2)  A person is not to be regarded as directly affected by a decision to grant or refuse an application for a pipeline licence unless the person was the applicant for the pipeline licence.

(3)  An application under this section –

(a) is to be made in writing; and

(b) is to set out in detail the grounds on which the applicant asks for administrative review of the decision.

(4)  [Section 80 Subsection (4) amended by No. 59 of 2009, s. 159, Applied:01 Jun 2010] An application under this section does not postpone the effect of the reviewable administrative decision unless the Regulator or Director of Gas Safety acts under section 81 .

81.   Stay of operation

(1)  [Section 81 Subsection (1) amended by No. 59 of 2009, s. 160, Applied:01 Jun 2010] The Regulator or Director of Gas Safety may stay the operation of a decision that is subject to an application under section 80 .

(2)  [Section 81 Subsection (2) amended by No. 59 of 2009, s. 160, Applied:01 Jun 2010] A stay may not be granted if, in the opinion of the Regulator or Director of Gas Safety, its effect would be to create a risk to public safety or to allow a risk to public safety to continue.

82.   Administrative review by Regulator or Director of Gas Safety

(1)  [Section 82 Subsection (1) amended by No. 59 of 2009, s. 161, Applied:01 Jun 2010] The Regulator or Director of Gas Safety may, after taking such expert advice as it, he or she thinks appropriate, decide the application for administrative review and, in doing so, may confirm, vary or revoke the relevant administrative decision.

(2)  [Section 82 Subsection (2) amended by No. 59 of 2009, s. 161, Applied:01 Jun 2010] The Regulator or Director of Gas Safety must give the applicant written notice of the Regulator's or Director's decision on the application as soon as practicable and, in any case, no later than 45 days after receiving the application.

(3)  [Section 82 Subsection (3) amended by No. 59 of 2009, s. 161, Applied:01 Jun 2010] The Regulator or Director of Gas Safety must, by notice served on the applicant, notify the applicant of –

(a) the determination made; and

(b) the findings on material questions of fact; and

(c) the evidence or other material on which the findings are based; and

(d) the reasons for the decision.

Division 3 - Appeals

83.   Right of appeal

A person who is affected by an administrative review under Division 2 and who is dissatisfied with the decision on that review may, subject to this Act, appeal against the decision to the Minister and the appeal is to be commenced, heard and determined in accordance with the regulations.

84.   Stay of operation

(1)  The Minister to whom an appeal is made or is intended may stay the operation of a decision that is subject to appeal under this Part.

(2)  A stay may not be granted if, in the Minister's opinion, its effect would be to create a risk to public safety or to allow a risk to public safety to continue.

85.   Powers of Minister on appeal

(1)  On an appeal, the Minister may –

(a) confirm the decision under appeal; or

(b) set aside the decision and substitute another decision.

(2)  The Minister may give ancillary directions to deal with incidental matters.

(3)  No appeal lies from the decision of the Minister on an appeal.

86.   Reference of decision to Tribunal

(1)  The Minister may refer a decision on a technical or complex matter to the Tribunal if the Minister considers it appropriate to do so.

(2)  The Tribunal must hear and determine the matter in accordance with the Resource Management and Planning Appeal Tribunal Act 1993 .

87.   Constitution of Tribunal

(1)  For the purpose of an appeal to the Tribunal under this Act, the Tribunal is to include one or more members whose appointment was on the ground that he or she has, in the opinion of the Minister, wide practical knowledge of, and experience in, the maintenance and operation of pipelines.

(2)  The member referred to in subsection (1) is to be designated as such by the Minister, by instrument in writing, for the purposes of the Tribunal's jurisdiction under this Act.

PART 7 - Miscellaneous and Supplemental

88.   

89.   Delegation

[Section 89 Substituted by No. 59 of 2009, s. 163, Applied:01 Jun 2010]

(1)  The Regulator may delegate to any person the Regulator considers competent and suitable any of the Regulator's functions or powers under this Act other than this power of delegation.

(2)  The Director of Gas Safety may delegate to any person the Director considers competent and suitable any of the Director's functions or powers under this Act other than this power of delegation.

90.   Undertaking work near pipelines

(1)  [Section 90 Subsection (1) amended by No. 111 of 2001, s. 32, Applied:17 Dec 2001] A person must not without authority from the pipeline operator carry out any boring or excavation in, or on, any ground that is subject to an easement granted to a pipeline licensee for the purposes of a pipeline.

Penalty:  [Section 90 Subsection (1) amended by No. 111 of 2001, s. 32, Applied:17 Dec 2001] Fine not exceeding 50 penalty units or, if the pipeline has been uncovered, fine not exceeding 200 penalty units.

(2)  Subsection (1) does not apply to hand excavation, ploughing or cultivation down to a prescribed depth by owners or occupiers of land on which a pipeline is situated.

(3)  [Section 90 Subsection (3) substituted by No. 111 of 2001, s. 32, Applied:17 Dec 2001] It is a defence to a charge for an offence against subsection (1) if –

(a) the defendant can show that the authority sought from the pipeline operator was unreasonably refused; or

(b) in case of an emergency, it was not practicable to obtain the authority of the pipeline operator as required by that subsection and the pipeline operator was notified as soon as practicable after the work was carried out.

(4)  A person who carries out work as mentioned in subsection (1) must comply with –

(a) any requirements prescribed by the regulations that are applicable to the work; and

(b) any reasonable requirements made by the pipeline operator for the protection of the pipeline or the safety of persons or property.

Penalty:  Fine not exceeding 50 penalty units.

91.   Obligation not to interfere with regulated activities

A person must not, except as authorised under this Act, interfere with regulated activities carried out under a pipeline licence.

Penalty:  Fine not exceeding 500 penalty units.

92.   

93.   Giving of notices

(1)  A notice under this Act may be given to the appropriate person –

(a) personally or by post; or

(b) by transmitting a copy of the notice by facsimile transmission; or

(c) by transmitting a copy of the notice to that person's e-mail address.

(2)  If a copy of a notice is transmitted by fax or e-mail, the notice is taken to have been given on the next business day after transmission.

94.   Verification of information

(1)  [Section 94 Subsection (1) amended by No. 59 of 2009, s. 164, Applied:01 Jun 2010] Any information given to the Regulator or Director of Gas Safety under this Act must, if the Regulator or Director so requires, be verified by a signed declaration.

(2)  [Section 94 Subsection (2) amended by No. 59 of 2009, s. 164, Applied:01 Jun 2010] A person who makes a declaration verifying information given to the Regulator or Director of Gas Safety under this Act knowing the information to be false or misleading in a material particular is guilty of an offence.

Penalty:  Fine not exceeding 1 000 penalty units.

95.   Obligation to preserve confidentiality

(1)  [Section 95 Subsection (1) amended by No. 59 of 2009, s. 165, Applied:01 Jun 2010] The Regulator and Director of Gas Safety must preserve the confidentiality of information obtained in the course of administering this Act, including information obtained by an authorised officer under section 75 , that –

(a) could affect the competitive position of a licensee or other person; or

(b) is commercially sensitive for some other reason.

(2)  Subsection (1) does not apply to the disclosure of information between persons engaged in the administration of this Act.

(3)  [Section 95 Subsection (3) amended by No. 54 of 2009, Sched. 1, Applied:01 Jul 2010] [Section 95 Subsection (3) amended by No. 59 of 2009, s. 165, Applied:01 Jun 2010] Information classified by the Regulator or Director of Gas Safety as confidential is not liable to disclosure under the Right to Information Act 2009 .

96.   Immunity from liability

(1)  [Section 96 Subsection (1) amended by No. 59 of 2009, s. 166, Applied:01 Jun 2010] No liability attaches to the Regulator, Director of Gas Safety or an authorised officer for an act or omission done or made in good faith and in the exercise, or purported exercise, of powers or functions under this Act.

(2)  [Section 96 Subsection (2) amended by No. 59 of 2009, s. 166, Applied:01 Jun 2010] A liability that would, but for subsection (1) , attach to the Regulator, Director of Gas Safety or an authorised officer attaches instead to the Crown.

97.   Extension of time limits

(1)  [Section 97 Subsection (1) amended by No. 59 of 2009, s. 167, Applied:01 Jun 2010] The Regulator or Director of Gas Safety may extend time limits fixed by, or under, this Act.

(2)  A time limit may be extended under this section even though it has, at the time of the extension, already expired.

98.   Confidentiality

(1)  A person who is, or has been, employed in carrying out duties related to the administration of this Act must not disclose confidential information acquired in the course, or as a result, of carrying out those duties except –

(a) in the course of carrying out official duties; or

(b) as authorised by the person to whom the duty of confidentiality is owed; or

(c) as authorised by the regulations; or

(d) as required by a court or other lawfully constituted authority; or

(e) [Section 98 Subsection (1) amended by No. 59 of 2009, s. 168, Applied:01 Jun 2010] as authorised by the Regulator or Director of Gas Safety after consultation, where practicable, with the person to whom the duty of confidentiality is owed.

Penalty:  Fine not exceeding 200 penalty units.

(2)  No civil liability attaches to any person for a disclosure of confidential information made as authorised under subsection (1) .

99.   Regulations

(1)  The Governor may make regulations for the purposes of this Act.

(2)  Without limiting the generality of subsection (1) , the regulations may –

(a) provide for the construction, installation and positioning of a pipeline or a pipeline facility; and

(b) provide for any technical, operational or safety requirement relating to the construction, maintenance or operation of a pipeline or a pipeline facility; and

(ba) [Section 99 Subsection (2) amended by No. 111 of 2001, s. 34, Applied:17 Dec 2001] specify standards of quality that are to apply to gas; and

(c) require licensees generally to provide periodic returns of prescribed information certified, if the regulations so require, by declaration under this Act; and

(d) provide for the procedure for administrative reviews and appeals; and

(e) provide for the procedure for the reporting of incidents; and

(f) prescribe and provide for the recovery of fees and charges in respect of the administration or operation of this Act; and

(g) apply, adopt or incorporate all or any of the provisions of a standard, code, guideline or rule relating to pipelines or pipeline facilities –

and those provisions may be applied, adopted or incorporated as they currently exist, as amended by the regulations or as amended from time to time.

(3)  A regulation may provide that a contravention of the regulation is an offence punishable by a fine not exceeding 100 penalty units.

(4)  [Section 99 Subsection (4) inserted by No. 111 of 2001, s. 34, Applied:17 Dec 2001] The regulations may –

(a) be of general application or limited in application according to the persons, areas, times or circumstances to which they are expressed to apply; or

(b) [Section 99 Subsection (4) amended by No. 59 of 2009, s. 169, Applied:01 Jun 2010] provide that a matter or thing in respect of which regulations may be made is to be determined, regulated or prohibited according to the discretion of the Minister, the Regulator or the Director of Gas Safety; or

(c) refer to or incorporate, wholly or partially and with or without modification, any standard or other document prepared or published by a body referred to in the regulations, as in force from time to time or as in force at a particular time.

100.   Administration of Act

Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990  –

(a) the administration of this Act is assigned to the Minister for Infrastructure, Energy and Resources; and

(b) the department responsible to the Minister for Infrastructure, Energy and Resources in relation to the administration of this Act is the Department of Infrastructure, Energy and Resources.

101.   Transitional provisions on enactment of Economic Regulator (Consequential Amendments) Act 2009

[Section 101 Inserted by No. 59 of 2009, s. 170, Applied:01 Jun 2010]

(1)  In this section –

Director means the Director of Gas as appointed under the Gas Act 2000 as in force immediately before the transition day;

former Act means this Act as in force immediately before the transition day;

transition day means the day on which the Economic Regulator Act 2009 commences.

(2)  Except as otherwise provided by this section or the regulations –

(a) a delegation, requirement, direction, notice, publication of a document, approval, authorisation, agreement, determination, other decision or other act made, given, done or omitted to be done by the Director before the transition day is taken, if appropriate, to have been made, given, done or omitted to be done by the Regulator; and

(b) a pipeline licence issued by the Director and in force immediately before the transition day continues and is taken to have been issued by the Regulator, and anything done or omitted to be done by the Director in relation to that licence is taken to have been done or omitted by the Regulator; and

(c) a fee fixed by the Director under a provision of the former Act that is in force immediately before the transition day is taken to have been fixed by the Regulator under that provision of this Act; and

(d) a fine imposed by the Director under section 14 of the former Act that is in force immediately before the transition day is taken to have been imposed by the Regulator under section 14 of this Act; and

(e) an application, notice, other document or information provided to the Director is taken, if appropriate, to have been provided to the Regulator; and

(f) a reference to the Director in a document referred to in, or relating to a matter referred to in, paragraph (a) , (b) , (c) , (d) or (e) is taken, if appropriate, to be or include a reference to the Regulator; and

(g) a document referred to in, or relating to a matter referred to in, paragraph (a) , (b) , (c) , (d) or (e) made by the Director and in force immediately before the transition day is taken, if appropriate, to have been made by the Regulator.

(3)  On and after the transition day, the following provisions apply except as otherwise provided by this section or the regulations:

(a) a legal or other proceeding that could have been instituted immediately before the transition day by or against the Director may be instituted by or against the Regulator;

(b) a legal or other proceeding that is pending immediately before the transition day and was instituted by or against the Director may be continued by or against the Regulator;

(c) a document relating to a legal proceeding referred to in paragraph (b) served on or by the Director before the transition day is taken to have been served on or by the Regulator;

(d) a judgment or order of a court obtained by or against the Director before the transition day may be enforced by or against the Regulator;

(e) a reference to the Director in a document referred to in, or relating to a matter referred to in, paragraph (a) , (b) , (c) or (d) is taken to be, or to include, a reference to the Regulator.