Gas (Exemption) Order 2006

Gas (Exemption) Order 2006

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following order under section 117 of the Gas Act 2000 .

W. J. E. COX

Governor

By His Excellency's Command,

BRYAN GREEN

Minister for Infrastructure, Energy and Resources

1.   Short title

This order may be cited as the Gas (Exemption) Order 2006 .

2.   Commencement

This order takes effect on the day on which its making is notified in the Gazette.

3.   Interpretation

(1)  In this order –

Act means the Gas Act 2000 ;

exempt gas installation means a complex gas installation specified in Schedule 1 to be installed by Hydro Tasmania for Bell Bay Three Pty Ltd into the greater complex gas installation at the Bell Bay Power Station;

Regulations means the Gas (Safety) Regulations 2002 .

(2)  Unless the contrary intention appears, the Acts Interpretation Act 1931 applies to the interpretation of this order as if it were regulations within the meaning of that Act.

4.   Exemptions

(1)  Subject to the conditions specified in Schedule 2 , Division 5 of Part 4 of the Act does not apply in relation to an exempt gas installation.

(2)  Regulations 47 and 48 of the Regulations do not apply in relation to gas fitting work undertaken on an exempt gas installation.

(3)  Regulation 54(2) and (3) of the Regulations do not apply to an exempt gas installation.

SCHEDULE 1 - Exempt gas installations

Clause 3

1.   The Pratt and Witney FT8 Twin-Pac unit No. 101 which comprises –

(a) the gas generator No.101A with the serial number 726415; and

(b) the gas generator No.101B with the serial number 726407.

2.   The Pratt and Witney FT8 Twin-Pac unit No. 102 which comprises –

(a) the gas generator No.102A with the serial number 726412; and

(b) the gas generator No.102B with the serial number 726408.

3.   The Pratt and Witney FT8 Twin-Pac unit No. 103 which comprises –

(a) the gas generator No.103A with the serial number 726413; and

(b) the gas generator No.103B with the serial number 726416.

4.   The Pratt and Witney FT8 Twin-Pac spare unit which comprises –

(a) the gas generator with the serial number P726404; and

(b) the gas generator with the serial number P726406.

SCHEDULE 2 - Conditions on exemption

Clause 4

1.   Interpretation

In this Schedule –

specified means specified in the acceptance given by the Director of Gas Safety under clause 2 of this Schedule;

statement of compliance, in respect of gas fitting work, means a statement of compliance in the same form as a statement of compliance under section77(3)(c) of the Act;

work, in relation to an exempt gas installation, does not include repair or maintenance work.

2.   Conditions on exemption

An exemption under clause 4(1) of this order is subject to the following conditions:

(a) that an exempt gas installation has been accepted by the Director of Gas Safety, whether or not that acceptance was subject to one or more of the following conditions:

(i) that the exempt gas installation be installed, tested and commissioned as specified;

(ii) that specified modifications be made to the exempt gas installation;

(iii) that a compliance plate be attached to, or near, the exempt gas installation as specified;

(b) that the application for that acceptance was in the same form as an application under section 77(3) of the Act relating to a complex gas installation that is, or includes, a Type B appliance;

(c) that the Director of Gas Safety was satisfied before accepting that exempt gas installation that –

(i) the statement of compliance was satisfactory; and

(ii) the exempt gas installation was safe;

(d) that that acceptance is subject to the condition that it only takes effect after –

(i) written notification from the Director of Gas Safety, stating that the exempt gas installation has been accepted, is received; and

(ii) any conditions specified in the acceptance are met;

(e) that an exempt gas installation not be connected to a gas supply until the exempt gas installation is so accepted;

(f) that the exempt gas installation not be modified unless the modification is first approved by the Director of Gas Safety.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 15 February 2006

This order is administered in the Department of Infrastructure, Energy and Resources.