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Australian Capital Territory
Boilers and Pressure Vessels
Regulation 1954
SL1954-12
made under the
Machinery Act 1949
Republication No 6
Effective: 1 March 2011
Republication date: 1 March 2011
Last amendment made by A2011-3
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About this republication
The republished law
This is a republication of the Boilers and Pressure Vessels Regulation 1954, made under the
Machinery Act 1949 (including any amendment made under the Legislation Act 2001, part 11.3
(Editorial changes)) as in force on 1 March 2011. It also includes any commencement,
amendment, repeal or expiry affecting the republished law to 1 March 2011.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced
amendment, the symbol U appears immediately before the provision heading. The text of the
uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001,
section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for an
individual and $550 for a corporation (see Legislation Act 2001, s 133).
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contents 1
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Australian Capital Territory
Boilers and Pressure Vessels
Regulation 1954
made under the
Machinery Act 1949
Contents
Page
Part 1 Preliminary
1 Name of regulation 2
2 Dictionary 2
3 Notes 2
6 Exemption 2
Part 2 Design and fittings
Division 2.1 Boilers
7 Fittings of boilers 4
8 Mudleg and blow-down pipe connections 5
Contents
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9 Valves on interconnecting pipes 6
10 Expansion and contraction of interconnecting pipes 6
11 Internally fired boilers 6
12 Boilers fired by liquid fuel 6
13 Boilers set in brickwork 7
14 Dampers 7
15 Boilers erected in permanent position to be protected by boiler house 7
Division 2.2 Pressure vessels
16 Fittings of pressure vessels 8
17 Pressure vessels subjected to pressure by air 9
Division 2.3 General
18 Supporting structures and settings 10
19 Lagging 10
20 Pressure reducing valves 11
21 Grooves to indicate cracking 11
Part 3 Inspection
22 Boilers and pressure vessels not to be used without certificate of
inspection 13
24 Certificate of inspection 13
25 Duration of certificate 13
26 Cancellation or suspension of certificate 14
27 Certificate to be exhibited 15
28 Registered number to be on boiler or pressure vessel 15
29 Power of entry 15
30 Notice of internal inspection of boilers and pressure vessels 16
31 Duties of owner on internal inspection 16
32 Inspector may call in aid 17
33 Defects not to be concealed from inspector 17
34 Holes may be drilled 17
35 Notice to cease to use or to repair 17
36 Appeal against notice 18
Part 5 Miscellaneous
42 Testing of boilers and pressure vessels 20
Contents
Page
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43 Notice to be given if boiler or pressure vessel disposed of 21
44 Notice to be given of accident causing damage, death or injury 21
45 Boiler or pressure vessel not to be used unless in safe working
condition 22
46 Interference with boiler or pressure vessel 22
47 Disfiguring registered number 22
48 False representation 22
50 Penalty 23
Dictionary 24
Endnotes
1 About the endnotes 26
2 Abbreviation key 26
3 Legislation history 27
4 Amendment history 28
5 Earlier republications 32
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Australian Capital Territory
Boilers and Pressure Vessels
Regulation 1954
made under the
Machinery Act 1949
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of regulation
This regulation is the Boilers and Pressure Vessels Regulation 1954.
2 Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1 The dictionary at the end of this regulation defines certain terms used in
this regulation.
Note 2 A definition in the dictionary applies to the entire regulation unless the
definition, or another provision of the regulation, provides otherwise or
the contrary intention otherwise appears (see Legislation Act, s 155 and
s 156 (1)).
3 Notes
A note included in this regulation is explanatory and is not part of this
regulation.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
6 Exemption
(1) This regulation does not apply to—
(a) a boiler or pressure vessel used or operated by or on behalf of
the Australian National Railways Commission; or
(b) a boiler or pressure vessel being, or forming part of, the
propelling machinery of a boat, ship or vessel; or
(c) an aluminium beer keg of a capacity not exceeding 13.65L, a
domestic hot water tank or a domestic pressure cooker, being of
a type approved in writing by the Minister; or
(d) a boiler or pressure vessel in relation to which a certificate of
exemption under subsection (2) is in force.
Preliminary Part 1
Section 6
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(2) If the Minister considers that a certificate under this subsection may
be granted without endangering lives or property, the Minister may
grant to an operator of a boiler or pressure vessel a certificate
exempting the boiler or pressure vessel from the application of this
regulation subject to the conditions that are specified in the certificate.f
Part 2 Design and fittings
Division 2.1 Boilers
Section 7
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Part 2 Design and fittings
Division 2.1 Boilers
7 Fittings of boilers
(1) A boiler must not be used or operated unless it has fitted or attached
to it—
(a) 2 or more efficient safety valves in accordance with the
following requirements:
(i) 1 of the safety valves must be covered over and sealed and
fitted with lifting gear that enables the valve to be eased off
its seat at any time;
(ii) the safety valves must be of the direct spring-loaded type,
except that 1 may be of the lever type;
(iii) the seats or discs of the safety valves must not be made of
cast iron;
(iv) each safety valve must be of sufficient area so that the
pressure in the boiler cannot exceed by more than 1/10 the
maximum allowable working pressure during a test under
the maximum firing conditions of the boiler with the stop
valves shut and the feed water shut off;
(v) each safety valve must be separate from any stop valve;
and
(b) an efficient stop valve connecting the boiler to any steam outlet
pipe other than a saturated steampipe to a superheater; and
(c) 2 efficient glass water gauges that are—
(i) placed so that the water level is clearly visible to the boiler
attendant from the attendant’s normal working position;
and
Design and fittings Part 2
Boilers Division 2.1
Section 8
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(ii) fitted with a guard to prevent injury to a person in the
vicinity of the boiler if the gauge glass breaks; and
(iii) separately connected to the shell of the boiler; and
(d) an efficient steam pressure gauge connected to the steam space
that—
(i) indicates the pressure of steam in the boiler in kPa; and
(ii) will indicate pressures up to 11/2 times the maximum
allowable working pressure of the boiler; and
(iii) has marked on it by means of a red line the maximum
allowable working pressure of the boiler; and
(iv) is placed so that it is clearly visible to the boiler attendant
from the attendant’s normal working position; and
(e) an efficient feed-check valve; and
(f) an efficient blow-down cock or valve; and
(g) any other equipment that an inspector directs in writing be fitted
or attached to the boiler.
(2) A boiler that has less than 9m2 of heating surface—
(a) is taken to be in accordance with the requirements of subsection
(1) (a) if it is fitted with 1 safety valve of the direct spring-loaded
type in accordance with that paragraph; and
(b) is taken to be in accordance with the requirements of subsection
(1) (c) if it is fitted with 1 efficient glass water gauge in
accordance with subsection (1) (c) (i) and (ii) and with 2
efficient test cocks.
8 Mudleg and blow-down pipe connections
A boiler must not be used or operated unless mudleg and blow down
pipe connections are protected by brickwork or other fire-resisting
material.
Part 2 Design and fittings
Division 2.1 Boilers
Section 9
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9 Valves on interconnecting pipes
If 2 or more boilers are connected to the same steam main, none of
the boilers must be used or operated unless the outlet pipe from each
boiler is fitted with—
(a) an efficient self-closing stop valve; or
(b) an efficient valve of the combined stop and non-return type; or
(c) an efficient stop valve having a separate non-return valve fitted
to its outlet.
10 Expansion and contraction of interconnecting pipes
If 2 or more boilers are arranged to work in conjunction, none of the
boilers must be used or operated unless the connecting pipes are
constructed to allow for expansion and contraction.
11 Internally fired boilers
An internally fired boiler must not be used or operated unless—
(a) it is fitted with a fusible plug; and
(b) if an ash pan is fitted—both the ash pan and the fire bar bearers
are removable to allow the thorough examination of the fire
boxes and tubes.
12 Boilers fired by liquid fuel
If a boiler is fired by liquid fuel, it must not be used or operated
unless—
(a) the liquid fuel equipment is constructed so that the liquid supply
to a burner must be shut off before the burner can be removed;
and
(b) the furnace is constructed so that liquid fuel will not accumulate
at the bottom of the furnace.
Design and fittings Part 2
Boilers Division 2.1
Section 13
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13 Boilers set in brickwork
A boiler set in brickwork must not be used or operated unless—
(a) it is fitted with hinged doors without a catch or fastening that
close by gravity and have a clear opening of not less than 1/2 the
area of the outlet damper opening to provide relief from
explosion; and
(b) firebrick used in contact with the boiler is bonded with fireclay
or other similar refractory material.
14 Dampers
If a boiler fired by oil, gas or pulverised fuel has outlet dampers, the
boiler must not be used or operated unless—
(a) the dampers are capable of being locked open to an extent that
gas does not accumulate; and
(b) if the dampers entirely close the chimney or flues—they are
effectively interlocked with the burner equipment in a way that
the burners will not operate unless the dampers are open; and
(c) if other boilers are connected to the same system of flues—the
dampers are arranged so that the boiler may be isolated.
15 Boilers erected in permanent position to be protected by
boiler house
A boiler erected in a permanent position must not be used or operated
unless it is protected from the weather by a boiler house that is in
accordance with the following requirements:
(a) the illumination in the boiler house when the boiler is used or
operated must be—
(i) not less than 54 lumens per m2 at any point; and
Part 2 Design and fittings
Division 2.2 Pressure vessels
Section 16
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(ii) arranged so that the gauges on the boiler are clearly visible
to the boiler attendant from the attendant’s normal working
position; and
(b) if liquid fuel is used—the floor of the boiler house must be—
(i) impervious to the liquid fuel; and
(ii) graded so that the liquid fuel does not accumulate on it; and
(c) if the boiler house is fitted with doors—the doors must be of the
swing type and open outwards; and
(d) if the chief inspector directs in writing—
(i) exits must be provided from the boiler house in the places
that the chief inspector considers necessary to allow people
to escape if an accident happens; and
(ii) flameproof lighting equipment, fittings and lamps must be
used.
Division 2.2 Pressure vessels
16 Fittings of pressure vessels
(1) An inspector may, by written notice to the operator of a pressure
vessel, direct that there be fitted or attached to the pressure vessel the
devices to indicate, control or relieve pressure that the inspector
considers necessary.
Note For how documents may be served, see the Legislation Act, pt 19.5.
(2) If a direction has been given under subsection (1) in relation to a
pressure vessel, the pressure vessel must not be used or operated
unless the devices are fitted or attached to it in a way approved by an
inspector.
Design and fittings Part 2
Pressure vessels Division 2.2
Section 17
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17 Pressure vessels subjected to pressure by air
A pressure vessel subjected to pressure by air must not be used or
operated unless it has fitted or attached to it—
(a) a safety valve (which may be the valve mentioned in
paragraph (b)) covered over and sealed and fitted with lifting
gear that enables the valve to be eased off its seat at any time;
and
(b) at least 1 efficient direct spring-loaded safety valve, the seat or
disc of which is not of cast iron, and that is of sufficient area that
it is impossible for the pressure in the pressure vessel to
exceed—
(i) if the maximum allowable working pressure is less than
689kPa—the maximum allowable working pressure
plus 1/10 of the maximum allowable working pressure; and
(ii) if the maximum allowable working pressure is 689kPa or
more—the maximum allowable working pressure plus
68kPa; and
(c) an efficient pressure gauge that—
(i) indicates the pressure in the pressure vessel in kilopascals;
and
(ii) will indicate pressures up to 11/2 times the maximum
allowable working pressure of the pressure vessel; and
(iii) has marked on it by means of a red line the maximum
allowable working pressure of the pressure vessel; and
(iv) is placed to be readily visible to a person supervising the
operating of the pressure vessel; and
(d) a cock or valve for draining the pressure vessel; and
Part 2 Design and fittings
Division 2.3 General
Section 18
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(e) accessholes or handholes or other means of access to allow the
whole of the interior of the pressure vessel to be cleaned and
inspected.
Division 2.3 General
18 Supporting structures and settings
A boiler or pressure vessel must not be used or operated unless the
supporting structure and setting—
(a) is effectively protected and insulated from furnace heat by
brickwork or other means; and
(b) is effectively protected from drainage from roofs, steampipes
and other sources; and
(c) is on foundations that are firm and effectively drained; and
(d) is constructed to provide means to enable the thorough and safe
inspection of every part of the boiler or pressure vessel and not
to obstruct an opening for ingress to the boiler or pressure vessel;
and
(e) for a boiler—includes a door or doors giving access to the boiler,
each having a minimum area of 1 240cm2 and a least dimension
in any 1 direction of not less than 250mm, and firebox doors
providing a clear opening of not less than 380mm by 250mm if
the firebox doors are the only means or access to the firebox.
19 Lagging
A boiler or pressure vessel must not be used or operated if the
lagging—
(a) consists of building bricks or firebricks; or
(b) is heat conducting; or
(c) is of such a nature as not to indicate the presence of leaks.
Design and fittings Part 2
General Division 2.3
Section 21
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20 Pressure reducing valves
(1) This section applies if the maximum allowable working pressure of a
boiler or pressure vessel (the first unit) is higher than the maximum
allowable working pressure of a boiler or pressure vessel to which it
is connected (the second unit).
(2) The first unit may be used or operated only if there is fitted between
the first and second unit an efficient pressure reducing valve with a
safety valve and pressure gauge between the pressure reducing valve
and the second unit.
21 Grooves to indicate cracking
(1) When lap riveted or lap welded construction is used on the
longitudinal joints of a boiler or pressure vessel the boiler or pressure
vessel must not be used or operated unless grooves are cut in the
outside plate to give positive indication of cracking, scoring or
corrosion of the plate adjacent to the inside edge of the joints, in
accordance with requirements of this section.
(2) The grooves must be—
(a) cut at right angles to, and immediately over, the inside edge of
each joint; and
(b) approximately equidistant from each other and not more than
600mm apart; and
(c) not less than 5 nor more than 7mm wide; and
(d) cut to a depth of 1/2 the plate thickness; and
(e) cut from the outer line of rivet holes or the outer weld line, as
the case may be, to a point 11/2 times the plate thickness beyond
the edge of the joint; and
(f) accessible for inspection at any time.
(3) Each lap joint must have at least 3 grooves.
Part 2 Design and fittings
Division 2.3 General
Section 21
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(4) One groove must be located approximately at the centre of the plate
length.
Inspection Part 3
Section 22
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Part 3 Inspection
22 Boilers and pressure vessels not to be used without
certificate of inspection
A boiler or pressure vessel must not be used or operated unless there
is a certificate of inspection in force in relation to the boiler or
pressure vessel.
24 Certificate of inspection
(1) When an inspector has inspected a boiler or pressure vessel and is
satisfied that it is in good repair and may be safely used or operated,
the chief inspector may—
(a) issue to the operator a certificate of inspection; and
(b) for the issue of a first certificate of inspection under this
regulation—allot a registered number to the boiler or pressure
vessel.
(2) A certificate of inspection must state the maximum allowable
working pressure of the boiler or pressure vessel to which it relates.
(3) For a boiler if the part in which steam is generated is constructed of
cast iron, the maximum allowable working pressure must not be more
than 100 kilopascals.
25 Duration of certificate
(1) Subject to this section and section 26, a certificate of inspection of a
boiler or pressure vessel remains in force for 12 months from the date
of the inspection to which it relates.
Part 3 Inspection
Section 26
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(2) If the chief inspector is satisfied that a new inspection of a boiler or
pressure vessel cannot be made within the period for which its
certificate of inspection is in force under subsection (1), the certificate
of inspection remains in force for the further period or periods not
longer than in the whole 3 months that the chief inspector, by signed
writing, directs.
(3) A certificate of inspection of—
(a) a fumigating unit of the knapsack type in which pressure is
generated by a handpump; or
(b) a vessel used for spray painting if the maximum allowable
working pressure does not exceed 200kPa;
remains in force until it is cancelled or suspended or it ceases to have
effect under section 26.
26 Cancellation or suspension of certificate
(1) If the chief inspector considers it necessary in the interests of safety
to do so, the chief inspector may at any time cancel or suspend the
certificate of inspection of a boiler or pressure vessel.
(2) A certificate of inspection of a boiler or pressure vessel ceases to have
effect if—
(a) while the certificate of inspection is in force a material
alteration, addition or repair is made to the boiler or pressure
vessel without the written approval of an inspector; or
(b) the boiler or pressure vessel is sold or in any other way
absolutely disposed of, or dismantled.
Inspection Part 3
Section 27
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27 Certificate to be exhibited
The operator of a boiler or pressure vessel must—
(a) within 14 days after the issue of a certificate of inspection in
relation to the boiler or pressure vessel, place the certificate of
inspection under glass or other transparent material in some
conspicuous dry place where it can be seen and read by everyone
working at or in connection with the boiler or pressure vessel;
and
(b) ensure the certificate of inspection remains in that place while it
is in force.
28 Registered number to be on boiler or pressure vessel
(1) On the issue of the first certificate of inspection in relation to a boiler
or pressure vessel under this regulation an inspector must —
(a) stamp on the boiler or pressure vessel; or
(b) attach to the boiler or pressure vessel a metal plate on which is
stamped;
the registered number of the boiler or pressure vessel.
(2) The operator must ensure the registered number is kept clean and
distinct.
29 Power of entry
(1) Subject for an internal inspection to section 30, an inspector may, at
any time, enter into or on premises for the purpose of inspecting or
examining a boiler or pressure vessel on the premises.
(2) The entry may be made between sunset and sunrise only when the
boiler or pressure vessel is in operation.
Part 3 Inspection
Section 30
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30 Notice of internal inspection of boilers and pressure
vessels
An inspector who intends to carry out an internal inspection of a
boiler or pressure vessel otherwise than in accordance with a request
by the operator must give the operator 14 days written notice of the
time when the inspector intends to make the inspection.
31 Duties of owner on internal inspection
For the purpose of the internal inspection of a boiler or pressure
vessel, the operator must —
(a) before the time fixed for the inspection—
(i) ensure the boiler or pressure vessel is emptied and cooled
to the temperature that the inspector directs and cleaned
and dried; and
(ii) if required by the inspector, have all accesshole doors,
covers and caps removed, all tubes withdrawn, and all
furnace bars and bricks, and stone or other bridges
removed; and
(iii) ensure all furnaces, flues, fire tubes, smoke boxes and
uptakes are swept clean; and
(iv) if required by the inspector, remove any casing or lagging;
and
(b) during the inspection—
(i) keep the boiler or pressure vessel effectively isolated from
any steam, water, oil, gas or electrical connection from any
source; and
(ii) do the other things and render the assistance that the
inspector requires to enable the inspector to make an
efficient inspection.
Inspection Part 3
Section 32
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32 Inspector may call in aid
(1) While on premises for the purposes of an inspection an inspector may
require a person employed or working on the premises to assist the
inspector, and may require the operator to explain the working of the
boiler or pressure vessel being inspected and to answer questions
about compliance with this regulation.
(2) A person must comply with a requirement made of the person under
subsection (1).
33 Defects not to be concealed from inspector
A person must not conceal from an inspector any defect, bad
workmanship or defective fittings in or in connection with a boiler or
pressure vessel.
34 Holes may be drilled
(1) For the purposes of an inspection an inspector may drill, or, if an
inspector directs, the operator must drill, in or through a boiler or
pressure vessel the holes that the inspector considers necessary to test
the thickness of the plates of the boiler or pressure vessel.
(2) If holes have been drilled under subsection (1), the operator must
afterwards plug the holes to the satisfaction of the inspector.
35 Notice to cease to use or to repair
(1) If it appears to an inspector on inspection of a boiler or pressure
vessel—
(a) that it is not in a safe working condition; or
(b) that it can be worked safely only at a pressure lower than the
maximum allowable working pressure; or
(c) that it is not adequately protected from corrosion; or
(d) that its supporting structure or setting requires strengthening or
alteration; or
Part 3 Inspection
Section 36
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(e) for a boiler—that it is not adequately protected from the
weather;
the inspector may serve a written notice on the operator requiring the
operator—
(f) to not use or operate the boiler or pressure vessel; or
(g) to not use or operate the boiler or pressure vessel until the
alterations, additions or repairs stated in the notice have been
effected to the satisfaction of an inspector; or
(h) to not use or operate the boiler or pressure vessel at a pressure
greater than that stated in the notice; or
(i) to not operate the boiler or pressure vessel at a pressure greater
than that stated in the notice until the alterations, additions or
repairs stated in the notice have been effected to the satisfaction
of an inspector.
Note For how documents may be served, see the Legislation Act, pt 19.5.
(2) Subject to section 36, an operator must—
(a) comply with the requirements of a notice served on the operator
under this section; and
(b) take the measures that are necessary to prevent any other person
from doing anything in relation to the boiler or pressure vessel
that, under the notice, the operator is required to refrain from
doing.
36 Appeal against notice
(1) An operator may, within 7 days after service on the operator of a
notice under section 35, appeal to the Minister in writing against a
requirement contained in the notice.
(2) The Minister may allow or refuse an appeal under subsection (1) or
may vary the requirement against which the appeal was made.
Inspection Part 3
Section 36
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(3) If the Minister varies the requirement, the operator must comply with
the requirement as varied by the Minister.
Part 5 Miscellaneous
Section 42
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Part 5 Miscellaneous
42 Testing of boilers and pressure vessels
(1) The operator of a boiler or pressure vessel must give the chief
inspector written notice of the following events as soon as possible
after the event happens:
(a) the boiler or pressure vessel is placed in operation for the first
time;
(b) the boiler or pressure vessel is re-erected in a new permanent
position;
(c) the boiler or pressure vessel is altered or repaired.
(2) If an inspector by written notice requires, the operator of a boiler or
pressure vessel must hydrostatically test the boiler or pressure vessel
at a time and in the way directed by the inspector.
Note For how documents may be served, see the Legislation Act, pt 19.5.
(3) A person must not test a seam, joint, fitting or other part of a boiler
or pressure vessel for pressure tightness by a means other than water
pressure without the written permission of the chief inspector under
subsection (4).
(4) The chief inspector may give written permission for the testing of a
seam, joint, fitting or other part of a boiler or pressure vessel for
pressure tightness by a means other than water pressure if the chief
inspector is satisfied that the testing can be safely carried out by that
other method.
(5) The operator of a boiler or pressure vessel that is tested under this
section must immediately give the chief inspector written notice of
the results of the test.
Miscellaneous Part 5
Section 43
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43 Notice to be given if boiler or pressure vessel disposed of
(1) If a person sells or in any other way absolutely disposes of, or lets on
hire or lends a boiler or pressure vessel, or returns a boiler or pressure
vessel after a hiring or borrowing, the person must give written notice
to the chief inspector.
Note For how documents may be served, see the Legislation Act, pt 19.5.
(2) A notice under subsection (1) must be given within 7 days after the
sale or other disposition, letting, hiring or return, and must state the
registered number (if any) of the boiler or pressure vessel and the
name, address and occupation of the person to whom it was sold or
otherwise disposed of, let, hired or returned.
44 Notice to be given of accident causing damage, death or
injury
(1) If, as the result of an accident to, affecting or caused by a boiler or
pressure vessel—
(a) the boiler or pressure vessel is damaged; or
(b) a person is killed or sustains an injury that is likely to
incapacitate the person for more than 48 hours;
the operator must, within 24 hours after the accident, give written
notice of the damage, death or injury to the chief inspector.
(2) A person must not, without the consent of an inspector, move or
interfere with, or with a part of—
(a) a boiler or pressure vessel involved in an accident of which
notice is required to be given under subsection (1); or
(b) an object, article or thing affected or damaged as a result of such
an accident;
unless that movement or interference is necessary to aid or relieve a
person involved in the accident or to prevent further injury to any
person or property.
Part 5 Miscellaneous
Section 45
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45 Boiler or pressure vessel not to be used unless in safe
working condition
(1) An operator must not use or operate the operator’s boiler or pressure
vessel unless it is maintained in a safe working condition and the
fittings are in correct adjustment.
(2) If an operator has reason to believe that the operator’s boiler or
pressure vessel is in a condition in which it may not be used or
operated without endangering lives or property, the operator must—
(a) immediately notify the chief inspector in writing; and
(b) not use or operate the boiler or pressure vessel until permitted to
do so by the chief inspector.
46 Interference with boiler or pressure vessel
A person must not, except for the purposes of tests or trials—
(a) use or operate a boiler or pressure vessel at a pressure greater
than its maximum allowable working pressure; or
(b) do anything to increase or tend to increase the pressure in a
boiler or pressure vessel beyond the maximum allowable
working pressure of the boiler or pressure vessel; or
(c) tamper with a boiler or pressure vessel so as to interfere with its
proper efficiency.
47 Disfiguring registered number
A person must not, without the written permission of the chief
inspector, disfigure, destroy or conceal a registered number stamped
on or attached to a boiler or pressure vessel.
48 False representation
A person must not make a false representation in connection with the
issue of a certificate of inspection.
Miscellaneous Part 5
Section 50
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50 Penalty
A person must not—
(a) use or operate a boiler or pressure vessel in contravention of this
regulation; or
(b) wilfully impede an inspector in the execution of his or her duty;
or
(c) contravene a provision of this regulation that applies to the
person.
Maximum penalty: $100.
Dictionary
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Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this regulation.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• document
• Minister (see s 162)
• person.
Note 3 Terms used in this regulation have the same meaning that they have in
the Machinery Act 1949 (see Legislation Act, s 148). For example, the
following terms are defined in the Machinery Act 1949, dict:
• chief inspector
• inspector
• machinery.
boiler means a closed vessel in which steam is or can be generated at
a pressure greater than that of the atmosphere, and includes any plant,
apparatus or appliance fitted to, or used in connection with, such a
vessel.
boiler attendant means a person engaged in firing or controlling the
feed water to a boiler.
boiler house includes boiler room.
certificate of inspection means a certificate issued under part 3.
maximum allowable working pressure, in relation to a boiler or
pressure vessel, means the maximum allowable working pressure
specified in the certificate of inspection for the time being in force in
relation to the boiler or pressure vessel.
operate includes cause or permit to be operated.
operator means the owner or other person having the management
and control of a boiler or pressure vessel.
premises means—
Dictionary
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(a) a house, building, structure, yard, mine, timber area, farm,
paddock, field, road or place; or
(b) a boat, ship or vessel, not propelled by its own motive power.
pressure vessel means a closed vessel that is subjected to pressure
(including pressure due to a static head) by liquids, vapours or air or
other gases, other than a closed vessel heated by fire or the products
of combustion or by electrical means or a cylinder for the storage and
transport of compressed gases, and includes any plant, apparatus or
appliance fitted to, or used in connection with the raising of pressure
in, such a vessel.
registered number means the number allotted to a boiler or pressure
vessel under section 24.
use includes cause or permit to be used.
Endnotes
1 About the endnotes
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and
the amendment history. These details are underlined. Uncommenced provisions
and amendments are not included in the republished law but are set out in the last
endnote.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
Legislation history 3
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3 Legislation history
This regulation was originally called the Boilers and Pressure Vessels Regulations
and was originally made under a Commonwealth ordinance—the Machinery
Ordinance 1949 No 11 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4)
converted most former Commonwealth ordinances in force in the ACT, and the
regulations made under them, into ACT enactments. This allowed the ACT
Legislative Assembly to amend and repeal the laws. The Machinery Ordinance
1949 and the Boilers and Pressure Vessels Regulations were converted into ACT
enactments on 11 May 1989 (self-government day).
As with most ordinances in force in the ACT, the name was changed from
Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21, s
5 on 11 May 1989 (self-government day).
This regulation was renamed under the Legislation Act 2001.
Before 12 September 2001, regulations commenced on their notification day unless
otherwise stated (see Interpretation Ordinance 1937 s 16, Interpretation Act 1967
s 50, Subordinate Laws Act 1989 s 6).
Legislation before becoming Territory enactment
Boilers and Pressure Vessels Regulation 1954 SL1954-12
notified 26 August 1954
commenced 15 March 1955 (s 2 and Cwlth Gaz 1955 p 510)
as amended by
Amendments of the Boilers and Pressure Vessels Regulations
SL1959-17
notified 31 December 1959
commenced 31 December 1959
Regulations to repeal certain Regulations and to revise certain
Regulations in force under the Ordinances of the Australian Capital
Territory SL1980-3 (as am SL1980-14) sch
notified 25 March 1980
commenced 25 March 1980
Regulations to amend Regulations 1980 No 3 SL1980-14 sch
notified 9 October 1980
taken to have commenced 25 March 1980
Endnotes
4 Amendment history
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Boilers and Pressure Vessels Regulations (Amendment) SL1982-33
notified 18 August 1982
commenced 18 August 1982
Boilers and Pressure Vessels Regulations (Amendment) SL1983-11
notified 30 September 1983
commenced 1 October 1983 (s 1)
Legislation after becoming Territory enactment
Statutory Offices (Miscellaneous Provisions) Act 1994 A1994-97 sch
pt 2
notified 15 December 1994 (Gaz 1994 No S280)
s 1, s 2 commenced 15 December 1994 (s 2 (1))
sch pt 2 commenced 15 December 1994 (s 2 (2) and Gaz 1994
No S293)
Occupational Health and Safety Legislation Regulations Amendment
SL2000-47 pt 2
notified 30 November 2000 (Gaz 2000 No 48)
commenced 30 November 2000 (s 1)
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 235
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 235 commenced 12 September 2001 (s 2 and see Gaz 2001
No S65)
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.12
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.12 commenced 12 April 2007 (s 2 (1))
Statute Law Amendment Act 2011 A2011-3 sch 3 pt 3.4
notified LR 22 February 2011
s 1, s 2 commenced 22 February 2011 (LA s 75 (1))
sch 3 pt 3.4 commenced 1 March 2011 (s 2)
4 Amendment history
Name of regulation
s 1 sub SL2000-47 s 3
Endnotes
Amendment history 4
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am R4 LA
Dictionary
s 2 sub SL2000-47 s 3
am A2001-44 amdt 1.2740
Notes
s 3 om SL1980-3
ins A2007-3 amdt 3.53
Repeal
s 4 om SL2000-47 s 3
Interpretation
s 5 am SL1959-17; A1994-97; SL2000-47 s 4
defs reloc to dict SL2000-47 s 5
om SL2000-47 s 6
Exemption
s 6 am SL1980-3; A2011-3 amdt 3.49
Boilers
div 2.1 hdg (prev pt 2 div 1 hdg) renum R3 LA
Fittings of boilers
s 7 am SL1975-8; SL1980-3; A2011-3 amdt 3.50, amdt 3.51
Valves on interconnecting pipes
s 9 am SL1980-3 (as am SL1980-14)
Expansion and contraction of interconnecting pipes
s 10 am SL1980-3 (as am SL1980-14)
Internally fired boilers
s 11 am A2011-3 amdt 3.52
Boilers fired by liquid fuel
s 12 am A2011-3 amdt 3.53
Dampers
s 14 am A2011-3 amdt 3.54, amdt 3.55
Boilers erected in permanent position to be protected by boiler house
s 15 am SL1975-8; A2011-3 amdt 3.56, amdt 3.57
Pressure vessels
div 2.2 hdg (prev pt 2 div 1 hdg) renum R3 LA
Fittings of pressure vessels
s 16 am A2007-3 amdt 3.54; A2011-3 amdt 3.58
Pressure vessels subjected to pressure by air
s 17 am SL1975-8; SL1980-3 (as am SL1980-14)
Endnotes
4 Amendment history
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Supporting structures and settings
s 18 am SL1975-8
General
div 2.3 hdg (prev pt 2 div 3 hdg) renum R3 LA
Pressure reducing valves
s 20 sub A2011-3 amdt 3.59
Grooves to indicate cracking
s 21 am SL1975-8; SL1980-3
Boilers and pressure vessels not to be used without certificate of inspection
s 22 am SL1959-17
Application for inspection
s 23 am SL1975-8; SL1983-11
om A2001-44 amdt 1.2741
Certificate of inspection
s 24 am SL1959-17; SL1975-8; SL1983-11
Duration of certificate
s 25 am SL1975-8; SL1980-3; A2011-3 amdt 3.60
Certificate to be exhibited
s 27 am SL1980-3; A2011-3 amdt 3.61
Notice of internal inspection of boilers and pressure vessels
s 30 am SL1980-3
Holes may be drilled
s 34 am A2011-3 amdt 3.62
Notice to cease to use or to repair
s 35 am A2007-3 amdt 3.54; A2011-3 amdt 3.63, amdt 3.64
Appeal against notice
s 36 am SL1980-3 (as am SL1980-14)
Boiler attendants
pt 4 hdg om SL2000-47 s 7
Persons not to act as boiler attendants of certain boilers without boiler
attendant’s certificate or written permission
s 37 am SL1975-8
om SL2000-47 s 7
Application for boiler attendant’s certificate
s 38 om SL2000-47 s 7
Issue of boiler attendant’s certificate
s 39 am SL1959-17; SL1980-3 (as am SL1980-14); SL1982-33;
SL1983-11
Endnotes
Amendment history 4
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om SL2000-47 s 7
Cancellation or suspension of certificate
s 40 am SL1980-3 (as am SL1980-14)
om SL2000-47 s 7
Appeal against certificate or suspension
s 41 am SL1980-3
om SL2000-47 s 7
Testing of boilers and pressure vessels
s 42 am A2007-3 amdt 3.54; A2011-3 amdts 3.65-3.67
Notice to be given if boiler or pressure vessel disposed of
s 43 am SL1980-3; A2007-3 amdt 3.54; A2011-3 amdt 3.68,
amdt 3.69
Notice to be given of accident causing damage, death or injury
s 44 am SL1980-3; A2011-3 amdt 3.70
Boiler or pressure vessel not to be used unless in safe working condition
s 45 am A2011-3 amdts 3.71-3.73
False representation
s 48 sub SL2000-47 s 8
Service of documents
s 49 am SL1980-3
om A2007-3 amdt 3.55
Penalty
s 50 am SL1980-3; A2011-3 amdt 3.74
hdg to sch om SL1980-3
1st sch om SL1959-17
2nd sch om SL1975-8
sch ins SL1975-8
sub SL1982-33
om SL1983-11
Dictionary
dict ins SL2000-47 s 8
defs reloc from s 5 SL2000-47 s 5
am A2007-3 amdt 3.56
def chief inspector om A2007-3 amdt 3.57
def inspector om A2007-3 amdt 3.57
def the Act om A2001-44 amdt 1.2742