23Safety case

23 Safety case

(1)  A licensee must submit to the Director a safety case that demonstrates compliance with a determination and the standards and codes prescribed by the regulations.

(2)  Before submitting a safety case, the licensee must ensure that the safety case, or a part of it, is independently certified in a manner, and by a person, approved by the Director, as conforming to any relevant standard or determination.

(3)  A safety case for gas infrastructure must –

(a) be in writing; and

(b) specify the safety management system being followed, or to be followed, and state the risk management activities undertaken, or to be undertaken, by the licensee –

(i) to comply with the licensee's duties under Division 1 ; and

(ii) in respect of any other matters, relating to the safe conveyance, supply, sale, measurement or control of gas or another regulated substance, that are prescribed.

(4)  A licensee must not commission or commence to operate a gas infrastructure unless a certified safety case for that infrastructure has been accepted or provisionally accepted by the Director.

Penalty:  Fine not exceeding 1 500 penalty units.

(5)  A safety case may be submitted in stages.

(6)  A safety case may apply to more than a single piece of gas infrastructure.

(7)  A licensee must thoroughly review and revise its safety case and submit it to the Director for approval –

(a) in accordance with the review schedule contained in the plan; or

(b) every 5 years –

whichever is more frequent.

Penalty:  Fine not exceeding 500 penalty units.