109Notice of work that may affect gas infrastructure

109 Notice of work that may affect gas infrastructure

(1)  A person must not, without authority from the operator of gas infrastructure, carry out or instruct any other person to carry out any boring or excavation within one metre of that gas infrastructure.

Penalty:  Fine not exceeding 25 penalty units.

(2)  It is a defence to a charge for an offence against subsection (1) if the defendant establishes that –

(a) the offence occurred in an emergency and it was not practicable to obtain the authority required by subsection (1) ; and

(b) the operator of the gas infrastructure was notified as soon as practicable after the work was commenced.

(3)  A person who carries out work as mentioned in subsection (1) in the vicinity of gas infrastructure must not contravene –

(a) requirements prescribed by the regulations that are applicable to the work; and

(b) reasonable requirements made by the operator of the gas infrastructure, for the protection of the infrastructure or the safety of the persons carrying out the work.

Penalty:  Fine not exceeding 25 penalty units.