Part 1Preliminary

Part 1—Preliminary 1—Short title This Act may be cited as the Gas Act 1997. 3—Objects The objects of this Act are— (a) to promote efficiency and competition in the gas supply industry; and (b) to promote the establishment and maintenance of a safe and efficient system of gas distribution and supply; and (c) to establish and enforce proper standards of safety, reliability and quality in the gas supply industry; and (d) to establish and enforce proper safety and technical standards for gas installations and appliances (including such standards relating to the design of gas installations); and (e) to protect the interests of consumers of gas. 4—Interpretation (1) In this Act, unless the contrary intention appears— annual gas consumption level means a level of consumption of gas determined in accordance with the regulations (and the regulations may, for that purpose, make provision for the estimation or agreement of the level in specified circumstances); authorised officer means a person appointed under Part 6 as an authorised officer; Commission means the Essential Services Commission established under the Essential Services Commission Act 2002; condition includes a limitation or restriction; contravention includes a failure to comply; council means a council within the meaning of the Local Government Act 1999; customer means a person who has a supply of gas available from a distribution system for consumption by that person, and includes— (a) the occupier for the time being of a place to which gas is supplied by a distribution system; and (b) where the context requires, a person seeking a supply of gas from a distribution system; and (c) a person of a class declared by regulation to be customers; disconnect a gas supply includes a procedure to interrupt or discontinue the gas supply to a customer; distribution system means the whole or a part of a system of pipes and equipment for use for, or in connection with, the distribution and supply of gas to persons for consumption, but does not include— (a) a transmission pipeline (other than a pipeline declared by the regulations to be, or form part of, a distribution system); or (b) a system of pipes and equipment— (i) installed in a place for the conveyance and use of gas from a pressurised vessel situated in the place; and (ii) not extending to, or connected to pipes in, some other place in separate occupation; or (c) pipes or equipment declared by the regulations not to be, or form part of, a distribution system; gas means a covered gas (as defined by the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008) or any other fuel consisting of hydrocarbons or predominantly of hydrocarbons that is in a gaseous or vapour form when it is at the pressure and temperature of its normal pipeline transportation and utilisation conditions, but does not include anything declared by regulation not to be gas; gas appliance means an appliance that uses gas as a fuel, but does not include anything declared by regulation not to be a gas appliance; gas entity means a person licensed under Part 3, and includes (where the context requires) a person who has been licensed under that Part whose licence has been suspended or cancelled or has expired; gas infrastructure means any part of a distribution system owned or operated by a gas entity; gas installation means fixed pipes and any fixed gas appliances, and associated equipment (including flues), installed in a place for the conveyance, control, measurement or use of gas that is, is to be, or has been, supplied (whether by a distribution system or pressurised vessel) for consumption in the place, but does not include gas infrastructure; gas officer means a person appointed under Part 4 as a gas officer; gas supply industry means— (a) the operation of a distribution system; or (b) the retailing of gas, including the operations of a NERL retailer in relation to the retailing of gas; or (c) without limiting paragraphs (a) or (b), any other operation for which a licence is required under Part 3; land includes— (a) an estate or interest in land (including an easement); or (b) a right or power over or in respect of land; National Energy Retail Rules means the National Energy Retail Rules as defined in the National Energy Retail Law (South Australia); National Gas Procedures (South Australia) means the National Gas Procedures under the National Gas Law that apply in, or in relation to, South Australia, as in force from time to time; National Gas Rules means the National Gas Rules as defined in the National Gas (South Australia) Act 2008; NERL retailer means— (a) a person who is the holder of a retailer authorisation under the National Energy Retail Law (South Australia); or (b) an exempt seller within the meaning of the National Energy Retail Law (South Australia); occupier of land or a place means a person who has, or is entitled to, possession or control of the land or place; operations includes activities; regulated entity means— (a) a gas entity; or (b) a NERL retailer; retailing of gas means the sale and supply of gas to a person for consumption (and not for resale) where the gas is to be conveyed (whether or not by the seller) to the person by a distribution system, but does not include an activity declared by regulation not to be retailing of gas; small customer means a customer classified by regulation as a small customer; Technical Regulator means the person holding the office of Technical Regulator under Part 2; transmission pipeline means a transmission pipeline within the meaning of the Petroleum Act 2000; Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013. 5—Crown bound (1) This Act binds the Crown. (2) Nothing in this Act renders the Crown in any of its capacities liable to be prosecuted for an offence. (3) For the purposes of this section, a reference to the Crown extends— (a) not only to the Crown in right of this State but also (so far as the legislative power of the State permits) to the Crown in any other capacity; and (b) to any instrumentality of the Crown, and to an officer or employee of the Crown and any contractor or other person who carries out functions on behalf of the Crown. 6—Environment protection and other statutory requirements not affected This Act is in addition to and does not derogate from the provisions of the Environment Protection Act 1993 or any other Act.