88Appointment of operator

88 Appointment of operator

(1)  If an order is made under section 87 , the Regulator must appoint a suitable person (the operator) who may, but need not, be a licensee, to take over the relevant gas activities on terms and conditions agreed between that person and the Regulator.

(2)  The licensee must facilitate the takeover of the relevant gas activities by the operator.

Penalty:   In the case of –

(a) a body corporate, a fine not exceeding 500 penalty units; or

(b) a natural person, a fine not exceeding 25 penalty units.

(3)  The operator may have access to the gas infrastructure and other property of the licensee for the purposes of carrying out the relevant gas activities.

(4)  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:   In the case of –

(a) a body corporate, a fine not exceeding 500 penalty units; or

(b) a natural person, a fine not exceeding 100 penalty units, or imprisonment for a term not exceeding 3 months, or both.

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

Penalty:   In the case of –

(a) a body corporate, a fine not exceeding 500 penalty units; or

(b) a natural person, a fine not exceeding 100 penalty units, or imprisonment for a term not exceeding 3 months, or both.

(6)  It is a condition of the transfer of any relevant gas activities that the operator must –

(a) provide the Director of Gas Safety with a written commitment to comply with the existing safety case for the relevant gas infrastructure, prepared in accordance with the Gas Safety Act 2019 ; or

(b) submit a new safety case for the relevant gas infrastructure, prepared in accordance with that Act.