Div 1AGeneral investigative powers of gas officers

Division 1A—General investigative powers of gas officers 45A—General investigative powers of gas officers A gas officer may, in the course of exercising powers under this Part, take photographs, films or audio, video or other recordings as reasonably required in connection with the exercise of those powers. Division 2—Powers and duties relating to gas infrastructure 46—Acquisition of land (1) A gas entity may acquire land in accordance with the Land Acquisition Act 1969. (2) A gas entity may only acquire land by compulsory process under the Land Acquisition Act 1969 if the acquisition is authorised in writing by the Minister. 47—Power to carry out work on public land (1) Subject to this section, a gas entity may— (a) install gas infrastructure on public land; or (b) operate, maintain, repair, alter, add to, remove or replace gas infrastructure on public land; or (c) carry out other work on public land for the distribution or supply of gas. (2) Without limiting subsection (1), the gas entity may excavate public land for the purposes of carrying out work under subsection (1). (3) Subject to this section, a gas entity must— (a) give the authority responsible for the management of public land not less than seven days' notice of the entity's intention to carry out work on the land; and (b) secure the authority's agreement to the carrying out of the work. (4) An agreement under this section may contain conditions the authority responsible for management of the land considers appropriate in the public interest. (5) Prior notice and agreement are not required under subsection (3) for work of a kind prescribed by regulation for the purposes of this subsection. (6) Agreement is not required under subsection (3) for work of a kind prescribed by regulation for the purposes of this subsection. (7) If a dispute arises between a gas entity and the authority responsible for managing public land about whether work should be permitted under this section on the land or about the conditions on which work should be permitted on public land, either party to the dispute may refer the dispute to the Minister. (8) Subsection (7) does not apply to a dispute where the authority responsible for managing the public land is a Minister or a person or body to whom directions may be given by a Minister in relation to the matter in dispute. (9) If a dispute is referred to the Minister under this section, the Minister must— (a) allow the parties to the dispute the opportunity to make representations to the Minister on the questions at issue in the dispute; and (b) make a reasonable attempt to get the parties to agree to settlement of the dispute on agreed terms. (10) If the Minister cannot get the parties to agree, the Minister may make— (a) an order that the work is or is not permitted on the land; (b) if the Minister orders that the work is permitted, an order fixing the conditions on which the work is permitted, as the Minister thinks fit. (13) A gas entity must make good any damage caused by the exercise of powers under this section as soon as practicable or pay reasonable compensation for the damage. (14) This section does not derogate from the obligation to comply with the provisions of any other Act. public land means land owned by the Crown or an instrumentality or agent of the Crown or by a council or other local government body. 48—Power to enter for purposes related to gas entity's infrastructure (1) A gas officer for a gas entity may, at any reasonable time— (a) enter and remain on land to carry out preliminary investigations in connection with the installation of gas infrastructure; or (b) enter and remain on land where the gas infrastructure of the entity is situated to inspect, operate, maintain, repair, alter, add to, remove or replace the infrastructure or to carry out work for the protection of the infrastructure or the protection of public safety. (2) Subject to this section, if a gas officer seeks to enter land under this section, the officer must give prior written notice to the owner or occupier of the land stating the reason and the date and, if it is practicable to do so, the time of the proposed entry. (3) The period of notice of entry must be reasonable. (4) If the proposed entry is refused or obstructed, a gas officer may obtain a warrant under Part 8 to enter the land. (5) In an emergency, a gas officer may exercise a power of entry under this section— (a) at any time and without prior notice if it is not practicable to give such notice; and (b) if necessary in the circumstances, by the use of reasonable force. (6) When a gas officer enters land under this section, the gas officer— (a) may be accompanied by such assistants as the gas officer considers necessary or appropriate; and (b) may take any vehicles or equipment the gas officer considers necessary or appropriate for the functions the gas officer is to carry out on the land. (7) A gas officer must be accompanied by a member of the police force— (a) when entering a place under a warrant; (b) if it is practicable to do so, when entering a place by force in an emergency. (8) Subject to this section, a gas entity must make good any damage caused by the exercise of powers under this section as soon as practicable or pay reasonable compensation for the damage. Division 3—Powers relating to gas installations 49—Entry to inspect etc gas installations (1) A gas officer for a gas entity may, at any reasonable time, enter and remain in a place to which gas is, is to be, or has been, supplied by the entity— (a) to inspect gas installations in the place to ensure that it is safe to connect or reconnect gas supply; or (b) to take action to prevent or minimise a gas hazard; or (c) to investigate suspected theft of gas. (2) In an emergency, a gas officer may exercise a power of entry under this section at any time and, if necessary in the circumstances, by the use of reasonable force. (3) When a gas officer enters a place under this section, the gas officer— (a) may be accompanied by such assistants as the gas officer considers necessary or appropriate; and (b) may take any vehicles or equipment the gas officer considers necessary or appropriate for the functions the gas officer is to carry out in the place. (4) A gas officer must, if it is practicable to do so, be accompanied by a member of the police force when entering a place by force in an emergency. (5) If in the opinion of a gas officer a gas installation is unsafe, the gas officer may disconnect the gas supply to the place in which the installation is situated until the installation is made safe to the satisfaction of the gas officer. 50—Entry to read meters etc A gas officer for a gas entity may, at any reasonable time, enter and remain in a place to which gas is, or is to be, supplied by the entity— (a) to read, or check the accuracy of, a meter for recording consumption of gas; or (b) to install, repair or replace meters or control apparatus or any part of a gas installation. 51—Entry to disconnect supply If a gas officer has proper authority to disconnect a gas supply to a place, the gas officer may, at any reasonable time, enter and remain in the place to disconnect the gas supply to the place. 52—Disconnection of supply if entry refused (1) If a gas officer seeks to enter a place under this Division and entry is refused or obstructed, the gas entity may, by written notice to the occupier of the place, ask for consent to entry by a gas officer. (2) The notice must state the reason and the date and time of the proposed entry. (3) If entry is again refused or obstructed, the gas entity may— (a) if it is possible to do so—disconnect the gas supply to the place without entering the place; or (b) if not—obtain a warrant under Part 8 to enter the place for the purpose of disconnecting the gas supply, enter the place under the warrant and disconnect the gas supply. (4) A gas officer may not enter a place under a warrant unless accompanied by a member of the police force. (5) The gas entity must restore the gas supply if— (a) the occupier— (i) consents to the proposed entry; and (ii) pays the appropriate reconnection fee; and (b) it is safe to restore the gas supply; and (c) there is no other lawful ground for refusing to restore the gas supply. Division 4—Powers and duties in emergencies 53—Gas entity may cut off gas supply to avert danger A gas entity may, without incurring any liability, cut off the supply of gas to any region, area, land or place if it is, in the entity's opinion, necessary to do so to avert danger to person or property. 54—Emergency legislation not affected Nothing in this Act affects the exercise of any power, or the obligation of a regulated entity to comply with any direction, order or requirement, under the Emergency Management Act 2004, Essential Services Act 1981, Fire and Emergency Services Act 2005, National Electricity (South Australia) Act 1996, National Energy Retail Law (South Australia) Act 2011, National Gas (South Australia) Act 2008 or Part 11 of the South Australian Public Health Act 2011.