110Undertaking work near pipelines subject to an easement

110 Undertaking work near pipelines subject to an easement

(1)  A person must not without authority from the operator of a pipeline, carry out, or instruct any other person to carry out, any boring or excavation in, or on, any ground that is subject to an easement granted to a licensee under the Gas Industry Act 2019 .

Penalty:  Fine not exceeding 50 penalty units or, if the pipeline has been uncovered, fine not exceeding 200 penalty units.

(2)  Subsection (1) does not apply to hand excavation, ploughing or cultivation down to a prescribed depth by owners or occupiers of land on which a pipeline is situated.

(3)  It is a defence in proceedings for an offence against subsection (1) if –

(a) the defendant establishes that the authority sought from the operator of the pipeline was unreasonably refused; or

(b) the defendant establishes that –

(i) the offence occurred because of the occurrence of an emergency in which it was not practicable to obtain the authority of the operator of the pipeline as required by that subsection; and

(ii) the operator of the pipeline was notified as soon as practicable after the work was carried out.

(4)  A person who carries out work as mentioned in subsection (1) must comply with –

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

(b) any reasonable requirements made by the operator of the pipeline for the protection of the pipeline or the safety of persons or property.

Penalty:  Fine not exceeding 50 penalty units.