Tasmania regulation

Gas Safety Regulations 2021

In ForceTAS

Jurisdiction

Tasmania

Act Number

7 of 2021

Collection

regulation

Plain English Summary

8/10 complexity

These regulations set the technical and safety rules that govern gas infrastructure, gas installations and gas-fitting work. They adopt and incorporate many national and international standards, require safety cases, certification, training, testing, incident reporting and recordkeeping, and prescribe offences and penalties.

They affect licensees, gas‑fitters, installers, owners and suppliers of pipelines, appliances, vehicles and storage systems because those parties must meet the standards, obtain Director approvals or exemptions, keep records and provide specified reports.

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What it does

These regulations set technical, safety and administrative requirements for gas infrastructure, gas supply quality, gas‑fitting work, and the content and handling of safety cases under the Gas Safety Act 2019 (the Act). Mechanically, they do the following:

Adopt, by reference, a long list of Australian, New Zealand and international standards (regulation 5 and Schedules 2-3) as the "prescribed standards and codes" that form part of the regulatory requirements for design, construction, installation, commissioning, operation and maintenance of gas infrastructure (regulation 6). The adoption includes subsequent amendments to those standards (regulation 6(2)-(3)).
Require independent certification and Director approvals at multiple points: design certification for proposed gas infrastructure (regulation 16); safety case acceptance and auditor certification of initial and periodic audits (regulations 28-29, Schedule 4 steps 1-3); acceptance by the Director before connection of gas to certain installations (regulation 55; section 54 of the Act is repeatedly referenced in these regulations).
Prescribe minimum natural gas quality parameters and testing, including Wobbe Index, sulphur and inert limits, water and hydrocarbon dewpoint, continuous or Director‑approved instruments for heating value and relative density, and continuous H2S monitoring (regulations 9-11 and 10). The Director is given power to test gas (regulation 14) and to grant written exemptions subject to conditions (regulation 9(4)-(6)).
Set duties for licensees, owners and gas‑fitters: information, instruction and training obligations for pipeline work (regulations 7-8); requirements for safety management systems and the minimum content of safety cases (Parts 4-5, regulations 20-47); mandatory reporting of incidents with specified timeframes and content (Part 6, regulations 48-49); and specific duties for gas‑fitting work and automotive gas‑fitting including forms, compliance plates, record keeping and notices (Part 7 and Part 8, regulations 50-82).

Current sections

Direct links to the current provisions in Gas Safety Regulations 2021.

106

Part 1

Preliminary

Part 1 Preliminary

Short title

1 Short title

These regulations may be cited as the Gas Safety Regulations 2021 .

Commencement

2 Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

Interpretation

3 Interpretation

In these regulations –

Act means the Gas Safety Act 2019 ;

applicable standards means –

(a) the standards referred to in regulation 5 ; and

(b) any other standard determined by the Director to be an applicable standard and published as determined by the Director;

AG 806 means AG 806, Approval requirements for vehicle refuelling appliances, published by the Standards Association of Australia, as in force from time to time (including any code or standard having effect under that code);

AS 1375 means AS 1375, Industrial fuel-fired appliances, published by the Standards Association of Australia, as in force from time to time (including any code or standard having effect under that standard);

AS/NZS 1425 means AS/NZS 1425, LP Gas fuel systems for vehicle engines, published jointly by the Standards Association of Australia and the Standards Association of New Zealand, as in force from time to time (including any code or standard having effect under that standard);

AS/NZS 1596 means AS/NZS 1596, The storage and handling of LP Gas, published jointly by the Standards Association of Australia and the Standards Association of New Zealand, as in force from time to time (including any code or standard having effect under that standard);

AS 2337 means AS 2337, Gas cylinder test stations, published by the Standards Association of Australia, as in force from time to time (including any code or standard having effect under that standard);

AS/NZS 2739 means AS/NZS 2739, Natural gas (NG) fuel systems for vehicle engines, published jointly by the Standards Association of Australia and the Standards Association of New Zealand, as in force from time to time (including any code or standard having effect under that standard);

AS 2746 means AS 2746, Working areas for gas-fuelled vehicles, published by the Standards Association of Australia, as in force from time to time (including any code or standard having effect under that standard);

AS 2885 means AS 2885, Pipelines – Gas and liquid petroleum, published by the Standards Association of Australia, as in force from time to time (including any code or standard having effect under that standard);

AS 3645 means AS 3645, Essential requirements for gas equipment, published by the Standards Association of Australia, as in force from time to time (including any code or standard having effect under that standard);

AS 3814 means AS 3814, Industrial and commercial gas-fired appliances, published by the Standards Association of Australia, as in force from time to time (including any code or standard having effect under that standard);

AS 3961 means AS 3961, The storage and handling of liquefied natural gas, published by the Standards Association of Australia, as in force from time to time (including any code or standard having effect under that standard);

AS 4114 means AS 4114, Spray paint booths, published by the Standards Association of Australia, as in force from time to time (including any code or standard having effect under that standard);

AS 4575 means AS 4575, Gas appliances – Quality of servicing, published by the Standards Association of Australia, as in force from time to time (including any code or standard having effect under that standard);

AS/NZS 4645 means AS/NZS 4645, Gas distribution networks, published jointly by the Standards Association of Australia and the Standards Association of New Zealand, as in force from time to time (including any code or standard having effect under that standard);

AS 4670 means AS 4670, Commercial propane and commercial butane for heating purposes, published by the Standards Association of Australia, as in force from time to time (including any code or standard having effect under that standard);

AS 4732 means AS 4732, LP Gas fuel systems for marine engines, published by the Standards Association of Australia, as in force from time to time (including any code or standard having effect under that standard);

AS 4983 means AS 4983, Gas fuel systems for forklifts and industrial engines published by the Standards Association of Australia, as in force from time to time (including any code or standard having effect under that standard);

AS 5092 means AS 5092, CNG refuelling stations, published by the Standards Association of Australia, as in force from time to time (including any code or standard having effect under that standard);

AS/NZ 5601 means AS/NZS 5601.1, Gas installations – General installations, and AS/NZS 5601.2, Gas installations – LP Gas installations in caravans and boats for non-propulsive purposes, published jointly by the Standards Association of Australia and the Standards Association of New Zealand, as in force from time to time (including any code or standard having effect under that standard);

AS/NZS ISO 31000 means AS/NZS ISO 31000, Risk management – Principles and guidelines, published jointly by the Standards Association of Australia and the Standards Association of New Zealand, as in force from time to time (including any code or standard having effect under that standard);

AS/NZS ISO 45001 means AS/NZS ISO 45001, Occupational health and safety management systems – requirements with guidance for use, published jointly by the Standards Association of Australia and the Standards Association of New Zealand, as in force from time to time (including any code or standard having effect under that standard);

AS/NZS 60079 means AS/NZS 60079, Explosive atmospheres, published jointly by the Standards Association of Australia and the Standards Association of New Zealand, as in force from time to time (including any code or standard having effect under that standard);

automotive refuelling dispenser means a fuel transfer unit, usually combined with a metering device, that is intended principally for the dispensing of gas in the liquid or vapour phase from a gas storage system to a vehicle fuel container;

capacity, also known as water capacity, means the volume of space that is enclosed within a container, expressed in litres or kilolitres;

commissioned, in respect of gas-fitting – see regulation 4 ;

commissioning, in respect of gas-fitting work, means the process, following fabrication and installation, of –

(a) testing and placing a gas installation or gas storage system into safe operation in compliance with the applicable standards, codes or determinations; and

(b) energising the gas installation or gas storage system with gas during the testing;

consumer piping means a system of pipes, fittings, components and equipment which conveys gas downstream from a gas supply point;

container means a cylinder, tank or pressure vessel, for the storage of gas while in the liquid or vapour phase;

dry, in relation to a gas, means that the gas meets the standard conditions set out in regulation 9(3) ;

facility safety case means a safety case or revised safety case for a pipeline facility that is accepted or provisionally accepted under Division 2 of Part 3 of the Act;

gas-fitter means a person authorised under the Occupational Licensing Act 2005 to undertake a class of gas-fitting work;

gas-fitting work means work conducted in relation to the installation, testing, commissioning, relocation, repair, alteration, servicing or maintenance of a gas installation, appliance, automotive gas fuel system or gas storage system (or any part of a gas installation, appliance, automotive gas fuel system or gas storage system) –

(a) including all pipes, fittings and auxiliary equipment –

(i) downstream of a gas supply point; or

(ii) associated with a gas storage system; and

(b) regardless of whether the gas installation, appliance, automotive gas fuel system or gas storage system uses natural gas, liquefied petroleum gas, compressed natural gas, liquefied natural gas or any other gas;

gas-fitting work compliance plate means a durable plate, approved by the Director, securely attached by a gas-fitter to a gas installation, appliance or gas storage system;

heating value, of natural gas, means the heat, measured in megajoules per standard cubic metre, produced in the combustion of the gas (at a constant pressure of 101.325 kPa absolute of dry gas) in gaseous oxygen to form gaseous carbon dioxide and liquid water;

hot-tapping work means the connection of a pipe to consumer piping which contains gas under pressure;

IGE/UP/1 means IGE/UP/1, Strength testing, tightness testing and direct purging of industrial and commercial gas installations, published by The Institution of Gas Engineers and Managers, as in force from time to time (including any code or standard having effect under that standard);

lower explosive limit means the minimum concentration of vapour, gas or dust in the atmosphere that will produce a flame;

NFPA 160 means NFPA 160, Standard for the Use of Flame Effects Before an Audience, published by the National Fire Protection Association, as in force from time to time;

reference number, of a gas-fitter, means the licence number of the licence held by the gas-fitter under the Occupational Licensing Act 2005 ;

relative density of natural gas means the mass in kilograms of a standard cubic metre of the gas divided by the mass in kilograms of a standard cubic metre of dry air;

safety-critical work means work which may –

(a) adversely affect the safety of gas infrastructure; or

(b) increase the risk of injury to any person;

serious bodily injury or illness means an injury or illness that disables a person to the extent that, as a consequence of that injury or illness, the person is subject to a period of admission to hospital as an in-patient;

standard cubic metre of natural gas means the quantity of dry gas, at 15 degrees C temperature and 101.325 kPa absolute pressure, enclosed in one cubic metre;

standard gas installation of a prescribed class means a standard gas installation of a class prescribed by regulation 52 ;

Wobbe Index means the number, expressed in megajoules per cubic metre, produced when the heating value of the gas is divided by the square root of the relative density of the same gas.

Meaning of commissioned in respect of gas-fitting work

4 Meaning of commissioned in respect of gas-fitting work

For the purposes of these regulations, gas-fitting work has been commissioned if the gas-fitting work has been issued with –

(a) a certificate of compliance for gas-fitting work, or a statement of compliance for gas-fitting work, by a gas-fitter that demonstrates that the gas installation or gas storage system may be safely operated and complies with the applicable standards; or

(b) an independent certification by a person approved by the Director that demonstrates design, fabrication, construction, installation, testing, and safe operation, in accordance with the accepted design, and the conditions of acceptance and applicable standards.

Part 2

Technical and Safety Requirements

Part 2 Technical and Safety Requirements

Prescribed standards and codes

5 Prescribed standards and codes

For the purposes of the Act, the prescribed standards and codes are as follows:

(a) AG 806;

(b) AS 1375;

(c) AS/NZS 1425;

(d) AS/NZS 1596;

(e) AS 2337;

(f) AS/NZS 2739;

(g) AS 2746;

(h) AS 3645;

(i) AS 3814;

(j) AS 3961;

(k) AS 4114;

(l) AS 4575;

(m) AS 4645;

(n) AS 4670;

(o) AS 4732;

(p) AS 4983;

(q) AS 5092;

(r) AS/NZS 5601;

(s) AS/NZS ISO 31000;

(t) AS/NZS 60079;

(u) IGE/UP/1;

(v) NFPA 160;

(w) the standards and codes specified in Schedule 2 as applicable to pipelines;

(x) the standards and codes specified in Schedule 3 as applicable to pipeline facilities.

Adoption of standards

6 Adoption of standards

(1) A standard, rule, code or specification adopted by these regulations –

(a) forms part of these regulations, subject to any modification expressed in the regulation adopting the standard, rule, code or specification; and

(b) applies only in respect of any regulation that refers to it, unless otherwise stated; and

(c) is to be interpreted so as to give effect to the intent of these regulations; and

(d) includes any code or standard having effect under that standard, rule, code or specification.

(2) A reference to standards, rules, codes or specifications includes a reference to an amendment of those standards, rules, codes or specifications, whether the amendment is published or issued before or after the commencement of these regulations.

(3) In subregulation (2) , amendment means –

(a) the omission of matter; and

(b) the insertion of additional matter; and

(c) the omission of matter and the substitution of other matter.

Information and training

7 Information and training

(1) A licensee must ensure, so far as is reasonably practicable, that any person engaged in carrying out any work on or at a pipeline or pipeline facility is –

(a) provided with documents setting out appropriate work standards, procedures and practices for work on the gas infrastructure; and

(b) given instruction and training, and tested for competency, in how to safely apply and use those standards, procedures and practices.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

(2) Work standards, procedures and practices are not appropriate for the purposes of subregulation (1) unless they are consistent with these regulations.

Provision of training

8 Provision of training

(1) Any training required to be provided by these regulations is to be provided in accordance with –

(a) any relevant industry competency standards and criteria conforming to national industry standards; or

(b) any relevant competency standards approved by the Director; or

(c) any relevant course of training approved by the Director; or

(d) any other relevant standard, rules or qualifications that the Director considers appropriate.

(2) A person must not provide training, or a service, as required by the regulations to any level less than that provided for by this regulation.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

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

(3) This regulation does not preclude on-the-job training of employees by the employer or other employees employed by the same employer.

Natural gas quality

9 Natural gas quality

(1) A licensee must ensure that any natural gas conveyed or supplied by the licensee is at a safe temperature with an operating pressure in accordance with regulation 11 and safe in all other respects for the purposes of the relevant gas infrastructure.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

(2) The natural gas conveyed in a distribution system and transmission pipeline, or supplied by a gas storage system to which the Act applies, and the natural gas supplied or sold to a customer through such a system is to be, at the standard conditions, within the limits, or below the maximum, specified in the following table:

| Component | Limit | | 1. Wobbe Index | Maximum: 52.0 megajoules per cubic metre Minimum: 46.0 megajoules per cubic metre | | | Maximum: 0.2 mole per cent | | 3. Hydrogen sulphide | Maximum: 5.7 milligrams per cubic metre | | 4. Total sulphur | Maximum: 50.0 milligrams per cubic metre | | 5. Water content | Dewpoint 0°Celsius at maximum transmission pressure (in any case, no more than 112.0 milligrams per cubic metre) | | 6. Hydrocarbon dewpoint | Maximum: 2.0°Celsius @ 3 500 kilopascals | | 7. Total inerts | Maximum: 7.0 mole per cent |

(3) For the purposes of subregulation (2) , the standard conditions are that –

(a) the natural gas must be completely free from water vapour; and

(b) the temperature must be 15 degrees Celsius; and

(c) the absolute pressure must be 101.325 kilopascals.

(4) The Director may exempt a licensee from compliance with the standard natural gas quality limits specified in this regulation in respect of a gas if the Director is satisfied that the conveyance, supply or use of the natural gas by the licensee will be safe in the circumstances.

(5) An exemption under subregulation (24) must be in writing and must specify the conditions to which the exemption is subject.

(6) A licensee to whom an exemption is given under this regulation must comply with the conditions of the exemption, if any.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

Measurement of natural gas quality

10 Measurement of natural gas quality

(1) A licensee must ensure that the natural gas conveyed or supplied by the licensee is tested in accordance with this regulation.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

(2) The heating value of natural gas conveyed in a pipeline must be determined by testing with –

(a) an instrument which continuously records the heating value of the gas; or

(b) an instrument of a class approved by the Director.

(3) The accuracy of the instrument used for testing under subregulation (2) must be checked by calibration against nominally pure alkanes or gravimetric mixtures of nominally pure alkanes and other nominally pure fixed gases.

(4) The relative density of natural gas conveyed in a pipeline must be determined by testing with –

(a) an instrument which continuously records the relative density of the gas; or

(b) an instrument of a class approved by the Director.

(5) The accuracy of the instrument used for testing under subregulation (4) must be checked by using –

(a) the direct gravimetric measurement method; or

(b) another measurement method approved by the Director.

(6) The hydrogen sulphide content of natural gas conveyed in a pipeline must be continuously recorded by means of a hydrogen sulphide analyser of a class approved by the Director.

(7) The accuracy of the hydrogen sulphide analyser used for testing under subregulation (6) must be checked by calibration against a gas of known hydrogen sulphide content.

Operating pressure and heating value of natural gas

11 Operating pressure and heating value of natural gas

(1) A licensee must ensure that any natural gas supplied by the licensee is supplied so that the operating pressure of the natural gas, at the outlet of each meter assembly for recording a consumer's consumption of natural gas, is one kilopascal or more, but less than or equal to 3 kilopascals, subject to any written requirement of the consumer or agreement between the Director and the licensee for gas to be supplied at more than 3 kilopascals.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

(2) The pressure of the natural gas at each such meter assembly is to be within the pressure operating range designated by the manufacturer of the meter assembly.

(3) A licensee must ensure that natural gas is supplied to consumers so that the heating value of the gas, when measured at each measuring point approved by the Director for that purpose, does not vary by more than 1% from the claimed heating value used by the licensee as the basis for its charges to the consumer for the natural gas.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

(4) The claimed heating value referred to in subregulation 3) must not show systematic bias within that range of variation.

Director may approve alteration of gas characteristics

12 Director may approve alteration of gas characteristics

(1) The Director may, on application by a licensee or gas supplier, approve in writing an alteration to the prescribed characteristics (including the odour) of the gas supplied by the licensee or gas supplier.

(2) The Director must not approve the alteration unless satisfied that –

(a) the licensee or gas supplier has undertaken, at the licensee’s or gas supplier’s own expense, the modification or replacement, as the case requires, of any gas installation that may be affected by the alteration; and

(b) the gas installation as so modified or replaced will comply with the Act.

Alteration of gas characteristics

13 Alteration of gas characteristics

A licensee or gas supplier must not cause or permit any alteration to be made to any prescribed characteristics of the gas supplied by the licensee or gas supplier unless the licensee or gas supplier has first applied for, and obtained, the written approval of the Director for the alteration.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

Testing of gas for heating value, pressure, &c.

14 Testing of gas for heating value, pressure, &c.

The Director –

(a) may at any time test gas supplied by a licensee or gas supplier to determine its heating value, pressure, purity and odour and for such other purposes as, in the opinion of the Director, are necessary or expedient for the proper administration and enforcement of the Act; and

(b) must provide the licensee or gas supplier with the result of any test carried out under paragraph (a) .

Odour of gas

15 Odour of gas

A licensee or gas supplier must, unless the licensee or gas supplier has the written approval of the Director not to do so, ensure that a suitable substance is added to any gas supplied to give the gas an odour that –

(a) is distinctive, unpleasant and non-persistent; and

(b) when the gas is discharged, indicates throughout the discharge the presence of gas down to the lower explosive limit in air; and

(c) exists throughout the vaporisation range of the gas from the liquid state.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

Part 3

Design and Construction of Gas Infrastructure

Part 3 Design and Construction of Gas Infrastructure

Design of gas infrastructure

16 Design of gas infrastructure

A person who proposes to construct gas infrastructure must submit to the Director independent certification, by a person approved by the Director, that the design of the gas infrastructure conforms to any relevant standard and determination determined by the Director.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

Transmission of gas for sale

17 Transmission of gas for sale

Before the transmission of gas in a transmission pipeline for the purposes of sale may be undertaken, a licensee and the Director must both comply with the requirements specified in Schedule 4 relevant to the construction, commissioning and operation of the transmission pipeline.

Transmission of gas for commissioning

18 Transmission of gas for commissioning

For the purpose of commissioning a transmission pipeline, an applicant for a gas infrastructure licence under the Gas Industry Act 2019 may only transmit gas through the transmission pipeline in accordance with any relevant directions given by the Director.

Construction safety plan

19 Construction safety plan

(1) In accordance with section 24 of the Act, an applicant for a gas infrastructure licence must submit to the Director a safety plan for the safe construction of gas infrastructure that conforms with AS/NZS ISO 45001.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

(2) A person must not allow any work to commence on the proposed gas infrastructure before the Director approves the construction safety plan in respect of that gas infrastructure.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

(3) The Director, within 10 working days of receiving the construction safety plan, is to –

(a) approve the plan in writing; or

(b) reject the plan and provide written reasons for its rejection.

Part 4

Safety Cases

Part 4 Safety Cases

Safety case to include details of manager of gas infrastructure

20 Safety case to include details of manager of gas infrastructure

A safety case for gas infrastructure must specify the position title and business address of the person who has management or control of the gas infrastructure.

Person responsible for safety case

21 Person responsible for safety case

A safety case for gas infrastructure –

(a) must specify the title of the office the occupant of which is in charge of the gas infrastructure; and

(b) must specify the title of the office the occupant of which is responsible for the execution of the safety case; and

(c) must specify the title of the office the occupant of which is responsible for the safe operation of the gas infrastructure; and

(d) may specify the title of the office the occupant of which is responsible for the execution of any part of the safety case; and

(e) must describe the means for ensuring, as far as reasonably practicable, that the office or position referred to in subregulation (a) is continuously occupied while the gas infrastructure is in operation; and

(f) must describe the means for ensuring, as far as reasonably practicable, that the office or position referred to in subregulation (a) is competent, by reason of having the necessary skills, training and ability, to perform the functions of a person in charge of the gas infrastructure.

Description of gas infrastructure

22 Description of gas infrastructure

(1) A safety case for gas infrastructure must contain a description of the gas infrastructure setting out –

(a) sufficient information to enable the extent and scope of the assets and operations of the licensee in respect of the gas infrastructure, and the risks associated with those assets and operations, to be assessed; and

(b) the procedures for gaining access to any maps, drawings, diagrams, lists and registers that are referred to in the safety case; and

(c) a description of the engineering records that the licensee maintains in relation to the gas infrastructure.

(2) A safety case in respect of gas infrastructure must include –

(a) a description of the infrastructure operation that –

(i) includes the method of operation and the layout and design features that are complementary to the control measures identified as a result of a formal safety assessment; and

(ii) provides for all control measures to be used for the gas infrastructure; and

(iii) is consistent with the safety assessment, referred to in regulation 23 , in respect of the gas infrastructure; and

(b) all relevant standards to be applied in the design, construction, installation, commissioning, maintenance and operation of the gas infrastructure or plant, equipment and hardware used on, or in connection with, the gas infrastructure.

Safety assessment

23 Safety assessment

(1) A safety case for gas infrastructure must provide for a safety assessment which is to include –

(a) a description of the methodology used to identify and assess safety risks and investigations undertaken; and

(b) an identification of all hazards having the potential to cause an incident; and

(c) an identification of the potential causes of any incident; and

(d) a detailed and systematic assessment of risk, including the likelihood and consequences of an incident; and

(e) a description of technical and other measures undertaken, or to be undertaken, to reduce that risk to as low as is reasonably practicable.

(2) The safety assessment must include copies of any reports arising from the studies and investigations undertaken for the purposes of the safety assessment.

(3) The safety assessment must include assessment of risks that are likely to only become significant during construction of new gas infrastructure or a new part of gas infrastructure or under emergency conditions.

Involvement of employees

24 Involvement of employees

(1) The licensee responsible for gas infrastructure must demonstrate to the reasonable satisfaction of the Director that –

(a) in the development or revision of a safety case in respect of the gas infrastructure, there has been effective consultation with, and participation by, each class of persons involved with the gas infrastructure, including in particular relevant employees; and

(b) the safety case in respect of the gas infrastructure provides adequately for effective consultation with, and effective participation by, those classes of persons so that they are able to arrive at informed opinions about the risks and hazards to which they may be exposed at the gas infrastructure.

(2) In this regulation, a reference to relevant employees is taken to be a reference to employees who are –

(a) identifiable before the safety case in respect of the gas infrastructure is developed; and

(b) working, or likely to be working, at the relevant gas infrastructure.

Address where records kept

25 Address where records kept

A safety case for gas infrastructure must specify the address at which all records relating to the safety case, in respect of the gas infrastructure to which that safety case relates, are to be kept.

Schedule of reports

26 Schedule of reports

(1) A safety case for gas infrastructure must include a schedule of reports to be made to the Director in respect of the maintenance and safety aspects of the operation of the gas infrastructure.

(2) If the Director directs that the schedule of reports should provide for reports in respect of particular maintenance or safety aspects of the operation of the gas infrastructure, the licensee must comply with that direction.

(3) A safety case for gas infrastructure must –

(a) include such other provisions as are necessary to ensure the safe operation of the gas infrastructure and the quality of the gas conveyed through it; and

(b) include the procedures to be implemented and equipment used by the gas infrastructure operator to ensure that gas conveyed or supplied meets the relevant gas quality and pressure standards as required under regulation 9 and has an odour as required under regulation 15 ; and

(c) ensure that gas meters and pressure regulators used in the gas infrastructure will be suitable for the supply pressure and the operating pressures of customers' systems and that they are installed so as not to interfere with metering accuracy; and

(d) require pressure regulators operating with an outlet pressure of more than 35 kilopascals, and any compensating devices, to be security sealed.

Availability of safety cases

27 Availability of safety cases

A licensee must cause –

(a) a copy of the safety case for all of the gas infrastructure for which it is responsible to be kept at the principal office of the licensee; and

(b) copies of the provisions of the safety case that relate to safety to be made available in such a way that, as far as is reasonably practicable, the provisions are brought to the notice of –

(i) any person likely to be involved in the implementation of the safety case; and

(ii) any person who might reasonably be expected to be conversant with the details of the safety case.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

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

Initial audits of safety cases

28 Initial audits of safety cases

A safety case for gas infrastructure is to bear a certificate from an auditor approved by the Director certifying that –

(a) the safety case complies with these regulations; and

(b) the safety case is appropriate having regard to the size and complexity of the infrastructure (subject to any exemptions granted by the Director); and

(c) all measures intended to prevent hazardous events identified in the safety case from occurring, and intended to protect operating personnel, plant, equipment, the community and the environment, should they occur, are in place; and

(d) there are properly trained and equipped personnel available to implement the emergency procedures set out in the safety case; and

(e) the licensee has, as far as is practicable, carried into effect the provisions of the safety case.

Periodical audits of safety cases

29 Periodical audits of safety cases

(1) A licensee must, within one month after the end of each auditing period, lodge with the Director in respect of the safety case for the gas infrastructure for which the licensee is responsible –

(a) a certificate from an auditor approved by the Director certifying that –

(i) all measures that are intended to prevent the occurrence of hazardous events identified in the safety case, and intended to protect operating personnel, plant, equipment, the community and the environment from such events, are in place; and

(ii) there are properly trained and equipped personnel available to implement the emergency procedures set out in the safety case; and

(b) a report by the same auditor reviewing the safety case for adequacy and appropriateness, having regard to any changes in the gas infrastructure since the previous audit certificate was issued.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

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

(2) In this regulation –

auditing period means a period of 5 years commencing on the date on which the Director accepts the safety case, or such other period as the Director determines.

Safety system records

30 Safety system records

(1) A licensee must, in accordance with this regulation, establish and maintain a system for keeping records relating to the accepted safety case for its gas infrastructure.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

(2) The records required to be kept under subregulation (1) in respect of gas infrastructure are as follows:

(a) records required to be maintained under section 61 of the Act;

(b) an accepted safety case in force for the gas infrastructure;

(c) any revisions of the accepted safety case for the gas infrastructure;

(d) any written audit reports of the accepted safety case of the gas infrastructure;

(e) a copy of each report given by the licensee to the Director in relation to the gas infrastructure;

(f) a copy of the certificate lodged under regulation 29(1)(a) in respect of the safety case of the gas infrastructure.

(3) The records must be kept –

(a) at the address nominated by the licensee in the safety case for the relevant gas infrastructure; and

(b) in a manner that makes their retrieval reasonably practicable; and

(c) in a secure manner; and

(d) for the period of 7 years from the creation of the record.

(4) The licensee must make copies of records available, if requested to do so under the Act –

(a) as soon as practicable during the following times:

(i) in the case of emergency on, or in respect of, the gas infrastructure – at any time;

(ii) in any other case – during normal business hours on any day, other than a Saturday, a Sunday or a statutory holiday; and

(b) either at the place where the relevant records are maintained or, by agreement with the person making the request for the records, at any other place or by means of electronic transmission.

(5) For the purpose of enabling records to be made available in accordance with this regulation, the licensee must –

(a) notify the Director, in writing, of a telephone number within Australia at which a request may be made in accordance with this regulation and notify the Director, in writing, as soon as practicable of any change in that telephone number; and

(b) ensure that arrangements are in place for calls made for the purpose of this regulation to be received and acted on at that number, at any time.

Penalty: Fine not exceeding 30 penalty units.

Part 5

Content of Safety Management System

Part 5 Content of Safety Management System

Minimum requirements of safety management system

31 Minimum requirements of safety management system

For the purposes of section 23 of the Act, a safety management system used, or proposed to be used, with a safety case for gas infrastructure must contain, as a minimum, the elements set out in this Part.

Operational risk

32 Operational risk

The safety management system for gas infrastructure must specify the following:

(a) activities that will, or are likely to, take place at, or in connection with, the gas infrastructure;

(b) the regular and systematic identification of hazards related to operation of the gas infrastructure;

(c) the regular and systematic assessment of –

(i) the likelihood of the occurrence, during normal or emergency situations, of injury or damage associated with the hazards specified in paragraph (b); and

(ii) the likely nature of any such injury or damage;

(d) as far as reasonably practicable, the elimination or reduction of risks, to any person, which may be related to the gas infrastructure and, in particular –

(i) risks arising during evacuation, escape and rescue in case of emergency; and

(ii) risks to persons involved with the gas infrastructure;

(e) criteria and information demonstrating that other risks to the safety of the gas infrastructure and to nearby persons have been reduced to a level as low as reasonably practicable;

(f) any other information that is reasonably necessary to demonstrate that the safety management system meets the requirements of these regulations and AS/NZS ISO 45001.

Safety policy

33 Safety policy

The safety management system for gas infrastructure must specify the following:

(a) the safety policy for the gas infrastructure;

(b) the title of the office the occupant of which is responsible for determining the safety policy for the gas infrastructure;

(c) the means by which the safety policy is or is to be communicated to all persons required to implement the policy.

Organisational structure and responsibilities

34 Organisational structure and responsibilities

The safety management system for gas infrastructure must specify the titles of the positions and the duties of the persons responsible for the implementation of the safety policy for the gas infrastructure.

Published technical standards

35 Published technical standards

The safety management system for gas infrastructure must specify –

(a) all published technical standards applied to, or used or to be used, in the design, construction, installation and operation of the gas infrastructure; and

(b) the procedures to be implemented to ensure that the licensee’s activities in respect of the gas infrastructure meet those standards.

Design, construction, installation, operation, maintenance and modification

36 Design, construction, installation, operation, maintenance and modification

(1) The safety management system for gas infrastructure must specify effective means used or to be used by the licensee to ensure that the design, construction, installation, operation and maintenance of the gas infrastructure and any modification of the gas infrastructure, including structural integrity –

(a) are adequate for the safety and safe operation of the gas infrastructure; and

(b) provide adequate means of achieving isolation of the gas infrastructure, or any part of the gas infrastructure, and pressure control and relief in the event of an emergency; and

(c) provide adequate means of gaining access for servicing and maintenance of the gas infrastructure and machinery and other equipment; and

(d) provide adequate means of maintaining the structural integrity and operation of the gas infrastructure; and

(e) take into account the results of the safety assessment, referred to in regulation 23 , for the gas infrastructure.

(2) The safety management system for gas infrastructure must include a maintenance schedule indicating, among other things, the type and frequency of inspections, coating surveys and checks on cathodic protection devices.

Control systems

37 Control systems

(1) The safety management system for gas infrastructure must specify the control systems to be used for the gas infrastructure including –

(a) alarm systems; and

(b) temperature and pressure control systems; and

(c) emergency shut-down systems; and

(d) back-up power supply; and

(e) lighting.

(2) The control systems specified in subregulation (1) must be adequate for the normal operation of the gas infrastructure and for any reasonably foreseeable emergency.

Machinery and equipment

38 Machinery and equipment

The safety management system for gas infrastructure must, where relevant, specify –

(a) the critical equipment (including processing equipment, machinery and electrical and instrumentation systems) that relates to, or may affect, the safety of the gas infrastructure; and

(b) the systems in place to ensure that the equipment is fit for the purpose for which it is used in normal operating conditions and the extent to which it is intended to function, or be used, in an emergency.

Permit-to-work system

39 Permit-to-work system

(1) The safety management system for gas infrastructure must specify all safety-critical work relating to the gas infrastructure, for which a permit-to-work system needs to be established, including in particular –

(a) welding and other hot-work; and

(b) cold-work (including physical isolation); and

(c) electrical work (including electrical isolation); and

(d) entry into, and working in, a confined space; and

(e) procedures for working over water.

(2) If the safety management scheme for gas infrastructure specifies safety-critical work, the scheme must require the licensee responsible for the gas infrastructure to establish and maintain a permit-to-work system in respect of that work.

(3) A permit-to-work system must –

(a) prohibit any person from performing safety-critical work or any activity in respect of such work without a written permit to work issued by a person authorised by the licensee to issue that permit; and

(b) specify by position the persons who are authorised to issue a permit to work and to supervise that work; and

(c) ensure that persons responsible for the issuing of permits to work and persons carrying out operations under a permit to work are competent and are provided with appropriate training, procedures, tools, equipment and emergency support.

Emergency preparedness

40 Emergency preparedness

(1) The safety management system for gas infrastructure must specify a response plan designed to address all reasonably foreseeable emergencies which have been identified through the safety assessment referred to in regulation 23 .

(2) The response plan must –

(a) ensure the safety of the public; and

(b) ensure the safety of persons likely to be at the gas infrastructure at the time of the emergency; and

(c) specify the performance standards to be used to ensure the continued safe operation and structural safety of the gas infrastructure; and

(d) provide for procedures to be implemented in case of emergencies; and

(e) specify adequate measures for escape drill exercises and fire drill exercises by persons at the gas infrastructure that ensure that those persons will be trained to function, in the event of emergency, with an adequate degree of knowledge, preparedness and confidence concerning the relevant emergency procedure; and

(f) ensure, as far as reasonably practicable, that escape drill exercises and fire drill exercises are held in accordance with the gas infrastructure safety case relating to the gas infrastructure; and

(g) ensure that there is in place a command structure that applies in the event of any emergency; and

(h) ensure that the command structure and identity of all persons involved are clearly set out in a notice displayed in accordance with subregulation (3) ; and

(i) specify systems that are adequate to –

(i) shut down or disconnect, in the event of emergency, all gas infrastructure operations that could adversely affect the safety of the gas infrastructure; and

(ii) give appropriate audible and visible warnings of the shutting-down or disconnecting of those operations.

(3) For the purposes of subregulation (2)(h) a notice must –

(a) be prominently displayed at the gas infrastructure; and

(b) be easily legible.

Evacuation and escape

41 Evacuation and escape

(1) The safety management system for gas infrastructure must contain, or refer to, an evacuation and escape analysis in relation to the gas infrastructure that specifies adequate routes for evacuation and escape in the event of an emergency.

(2) For the purposes of subregulation (1) , the safety management system, in its evacuation and escape analysis, must specify –

(a) appropriate evacuation and escape analyses, and strategies for the control of evacuation and escape procedures; and

(b) the office the occupant of which is responsible for implementing and supervising procedures in the event of an emergency.

(3) The safety management system for gas infrastructure must specify, in its evacuation and escape analysis, that the gas infrastructure is to have or contain measures of the following kinds for the evacuation and escape of persons at the gas infrastructure in the event of an emergency:

(a) suitable evacuation and escape routes that are, as far as reasonably practicable, to be kept freely passable at all times;

(b) in respect of any route that is not freely passable, suitable alternative arrangements;

(c) suitable equipment for evacuation and escape;

(d) suitable means of escape for use in the event of an emergency.

Measures concerning fire and explosion hazards

42 Measures concerning fire and explosion hazards

(1) The safety management system for gas infrastructure must contain a fire risk analysis specifying –

(a) likely fire or explosion hazards at the gas infrastructure; and

(b) measures for detecting those hazards; and

(c) measures for eliminating or reducing those hazards.

(2) In particular, the fire risk analysis referred to in subregulation (1) must consider –

(a) the incorporation into the gas infrastructure of both automatic and manual systems for the detection, control and extinguishment of –

(i) outbreaks of fire; and

(ii) leaks or escapes of gas; and

(b) the means of isolating and safely storing hazardous substances, such as fuel, explosives and chemicals, that are used or stored at the gas infrastructure; and

(c) an analysis of evacuation and escape measures for use in the event of fire or explosion at the gas infrastructure.

(3) The design, construction, installation, maintenance, alteration, amendment or extension of the gas infrastructure must take into account the results of the fire risk analysis referred to in subregulation (1) .

(4) A safety management system in respect of a gas infrastructure must provide for each person, who is at the gas infrastructure when an escape drill or a fire drill is held at the gas infrastructure, to take part in the drill.

Emergency communication systems

43 Emergency communication systems

(1) The safety management system for gas infrastructure must specify communications systems that, in the event of an emergency, are adequate for communication –

(a) with any other locations across the gas infrastructure; and

(b) with any other gas infrastructure that may be affected by the emergency; and

(c) with the relevant fire authorities and emergency service authorities; and

(d) with any remote or isolated persons who may be affected by, or exposed to, conditions existing at the gas infrastructure.

(2) In particular, the safety management system for gas infrastructure must provide for the communications systems to be –

(a) adequate to handle –

(i) a likely emergency in or relating to the gas infrastructure; and

(ii) the normal operational requirements of the gas infrastructure; and

(b) protected so as to be capable of operation in an emergency to the extent specified by the safety assessment for the gas infrastructure under regulation 23 .

Internal monitoring, auditing and reviewing

44 Internal monitoring, auditing and reviewing

(1) The safety management system for gas infrastructure must specify the work practices or processes to be used by the licensee responsible for the gas infrastructure in monitoring, auditing and reviewing the implementation of the safety policies, objectives, procedures and performance standards specified in the safety management system.

(2) The safety management system for gas infrastructure must specify the methods to be used to ensure the ongoing effectiveness of the work practices or processes specified under subregulation (1) by –

(a) regular and systematic identification of deficiencies in those work practices or processes; and

(b) regular and systematic improvement of those work practices or processes; and

(c) providing for the licensee responsible for the gas infrastructure to test and prove the emergency procedures and to do so regularly as determined in the system.

Key performance indicators

45 Key performance indicators

The safety management system for gas infrastructure must specify the key performance indicators to be used in respect of the gas infrastructure by the licensee to monitor its compliance with the Act and the regulations made under the Act and the safety case applying to the gas infrastructure.

Gas incident recording, investigation and reviewing

46 Gas incident recording, investigation and reviewing

The safety management system for gas infrastructure must specify –

(a) the performance standards to be used for recording and investigating gas incidents in respect of the gas infrastructure; and

(b) the management systems to be used for reviewing and taking action on the information so recorded or arising from those investigations.

Training and qualification

47 Training and qualification

(1) The safety management system for gas infrastructure must specify the work and staffing systems to be used in respect of the gas infrastructure to ensure, as far as practicable, that, in normal operating conditions, abnormal or emergency conditions and during any changes to or modification of the gas infrastructure –

(a) each area of safety-critical work, both routine and non-routine, in respect of the gas infrastructure is identified and assessed to determine the minimum skills, knowledge and experience requirements for a person assigned to carry out that work; and

(b) only persons with the skills, knowledge and experience appropriate to an area of safety-critical work are assigned to carry out that work; and

(c) any training necessary for persons assigned to carry out safety-critical work is provided; and

(d) persons are competent to respond and react appropriately, and at the level reasonably required during an emergency.

(2) Any gas-fitting work involved in the connection of a gas installation to, or the disconnection of a gas installation from, its gas supply point is to be carried out by a person who holds a relevant licence under the Occupational Licensing Act 2005 .

Part 6

Reporting of Incidents

Part 6 Reporting of Incidents

Mandatory reporting of incidents

48 Mandatory reporting of incidents

(1) A licensee responsible for gas infrastructure must report to the Director incidents which occur in respect of the gas infrastructure as follows:

(a) in the case of a death resulting from the incident, immediately by telephone;

(b) where a serious bodily injury or illness has been incurred, orally or in writing, as soon as practicable after the incident;

(c) if an incident occurs which exposes a person in the vicinity of the equipment to the chance of an immediate and significant injury or risk to his or her health or safety, orally or in writing, as soon as practicable after the incident;

(d) in the case of property damage of more than $5 000 resulting from the incident, in accordance with regulation 49 within 10 working days after the incident;

(e) if an incident affects only the gas infrastructure and does not cause death, personal injury, significant property damage or expose any person in the vicinity to a safety risk, in writing as part of a statistical summary quarterly.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

(2) In addition to the report required under subregulation (1)(a) , (b) or (c) , a licensee must provide the Director with a report, in accordance with regulation 49 , on the incident within 2 working days after its occurrence.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 200 penalty units; or

(b) a natural person, a fine not exceeding 50 penalty units.

(3) Within 7 days after the end of each March, June, September and December, a licensee must, if so required by the Director, forward to the Director a summary report of all incidents specified in subregulation (1) for the preceding 3-month period.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

Reporting of incidents

49 Reporting of incidents

(1) The report of an incident in accordance with regulation 48 must specify the following, to the extent that the information is available to the licensee making the report:

(a) the name of the person who has control or management of the gas infrastructure at which the incident occurred;

(b) the nature of the incident;

(c) the location of the incident;

(d) the time and date of the incident;

(e) the work or activity that was being done at the time of the incident;

(f) the apparent cause of the incident;

(g) whether any emergency service attended the incident;

(h) any remedial action taken in respect of the incident by the licensee;

(i) any action taken, or intended, to prevent a recurrence of the incident;

(j) the name and address of the person, or the name and business address of the organisation, required to report the incident to the Director;

(k) the identity of any person who witnessed the incident or first arrived on the scene;

(l) the name, position, title and contact details of the person submitting the report and the date on which it is submitted;

(m) particulars of any deceased or injured person including his or her name, date of birth, sex, residential address and telephone number, and occupation or job title;

(n) if death has occurred, the cause, date, time and place of death;

(o) any other details required by the Director.

(2) If collection of the information referred to in subregulation (1) is likely to significantly delay the written report under regulation 48(1) , preliminary written advice is to be given to the Director of such of the information as is available by the quickest practicable means.

Part 7

Gas Installations and Gas-Fitting Work

Part 7 Gas Installations and Gas-Fitting Work

Standard gas installations

50 Standard gas installations

(1) The following classes of residential premises are prescribed for the purposes of paragraph (a)(ii) of the definition of standard gas installation in section 3(1) of the Act:

(a) Class 1a buildings, Class 2 buildings and Class 4 buildings (each within the meaning of the Building Code of Australia);

(b) caravans and mobile homes;

(c) boats and vessels.

(2) The following classes of commercial premises are prescribed for the purposes of paragraph (b)(ii) of the definition of standard gas installation in section 3(1) of the Act:

(a) Class 5 buildings not exceeding 3 storeys;

(b) Class 6 buildings not exceeding 3 storeys –

each within the meaning of the Building Code of Australia.

Standard gas installation – maximum gas consumption and piping length

51 Standard gas installation – maximum gas consumption and piping length

For the purposes of paragraph (b)(iii) and (iv) of the definition of standard gas installation in section 3(1) of the Act –

(a) the prescribed amount of gas consumption is 750 megajoules per hour; and

(b) the prescribed length is 50 metres.

Prescribed class of standard gas installation

52 Prescribed class of standard gas installation

The following classes of standard gas installations are prescribed for the purposes of section 54(3) of the Act:

(a) a gas installation for residential premises within a Class 2 or Class 4 building (within the meaning of the Building Code of Australia) exceeding 3 storeys;

(b) a gas installation in a building, excluding Class 1a buildings, with more than one meter where the meters are located in a common area.

Application for acceptance of gas installation

53 Application for acceptance of gas installation

(1) An application under section 54 of the Act for acceptance of a gas installation or prescribed gas storage system must, in accordance with section 54(4)(b) include the following information:

(a) details of the person commissioning the gas installation or gas storage system, including –

(i) his or her full name; and

(ii) his or her address; and

(iii) his or her telephone number; and

(iv) his or her practitioner licence number issued under the Occupational Licensing Act 2005 ;

(b) the address of the gas installation or gas storage system;

(c) the consumer's name and site contact name;

(d) the type of work and the type of installation;

(e) the type of gas;

(f) a summary of the commissioning work;

(g) the commencement and completion dates for the commissioning work.

(2) If a gas installation is or includes a Type B appliance, the application under section 54 of the Act for acceptance of the gas installation must also include the information specified in Schedule 1 .

(3) In addition to the information required under subregulations (1) and (2) , the Director may require the applicant and the owner or operator of the gas installation or gas storage system, to do any or all of the following in order to determine the safety of the gas installation or gas storage system:

(a) provide a copy of any design, analysis, logic flow chart, program, calculation, drawing or specification for the gas installation or gas storage system;

(b) provide a sample of a material, component or other item to be used in the gas installation or gas storage system;

(c) remove and submit joints made in a pipe;

(d) have a non-destructive test carried out on a pipe and its joints;

(e) submit to the Director independent certification, by a person approved by the Director, that the design, installation, commissioning and testing of the gas installation or gas storage system conforms to any relevant standard, code or determination determined by the Director;

(f) demonstrate to the satisfaction of the Director that an analysis of the risks associated with the operation and maintenance of the gas installation or gas storage system in accordance with AS/NZS ISO 31000 has been completed;

(g) provide a copy of the safety management system for the gas installation or gas storage system which conforms with AS/NZS ISO 45001.

Statement of compliance for gas-fitting work

54 Statement of compliance for gas-fitting work

(1) A statement of compliance for gas-fitting work on a complex gas installation, standard gas installation of a prescribed class or a prescribed gas storage system –

(a) must be in a form approved by the Director; and

(b) must be signed by the gas-fitter who carried out the gas-fitting work.

(2) A gas-fitter undertaking the gas-fitting work on a complex gas installation, standard gas installation of a prescribed class or a prescribed gas storage system must –

(a) ensure that the work has been carried out in accordance with any relevant standards or any condition specified under section 54(8) of the Act; and

(b) submit to the Director, within 48 hours of the gas installation or gas storage system being commissioned, a statement of compliance for gas-fitting work in respect of that installation or system.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

(3) The gas-fitter must, within 48 hours after the gas installation or gas storage system is commissioned, provide a copy of the completed statement of compliance for gas-fitting work –

(a) to the person on whose behalf the work was carried out or the owner of the gas installation or gas storage system; and

(b) to the gas supplier who is to supply gas to the installation or gas storage system.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

(4) The gas-fitter must keep a copy of the completed statement of compliance for gas-fitting work for at least 10 years after the completion of the work.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

Connection of gas to installation

55 Connection of gas to installation

A person must not connect gas to any part of a complex gas installation, or to any part of a standard gas installation of a prescribed class, unless the gas installation has been accepted by the Director under section 54 of the Act.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

Type B appliance records

56 Type B appliance records

A person must, within 48 hours of undertaking work on a Type B appliance, provide the owner of the Type B appliance with the following:

(a) fabrication records;

(b) installation records;

(c) as-commissioned records;

(d) maintenance records;

(e) modification records.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

Owner of Type B appliance to keep records

57 Owner of Type B appliance to keep records

(1) While a Type B appliance is operable, its owner must make and keep records of any relevant tests, maintenance, inspection, commissioning or modification of the Type B appliance.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

(2) An owner must ensure that the records referred to in subregulation (1) are –

(a) kept for the life of the Type B appliance; or

(b) transferred to any person acquiring the Type B appliance from the owner, at the time the Type B appliance is acquired, unless the Type B appliance is being sold as scrap or spare parts.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

(3) On the sale or transfer of a Type B appliance, the new owner of the Type B appliance must keep any records transferred under subregulation (2) in accordance with this regulation.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

Certificate of compliance for gas-fitting work

58 Certificate of compliance for gas-fitting work

(1) A certificate of compliance for gas-fitting work on standard gas installations must be –

(a) in a form approved by the Director; and

(b) signed by the gas-fitter who performed the gas-fitting work.

(2) The gas-fitter must, within 48 hours after the gas installation is commissioned, provide a copy of the completed certificate of compliance for gas-fitting work –

(a) to the Director; and

(b) to the person on whose behalf the work was carried out or the owner of the gas installation; and

(c) to the gas supplier who is to supply gas to the standard gas installation

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

(3) The gas-fitter must keep a copy of the completed certificate of compliance for gas-fitting work for at least 10 years after the completion of the work.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

Installation of Type A appliances

59 Installation of Type A appliances

(1) A person must not install a Type A appliance in a gas installation unless the person is a gas-fitter.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 20 penalty units; or

(b) a natural person, a fine not exceeding 10 penalty units.

(2) A gas-fitter who installs a Type A appliance in a gas installation must adjust the appliance for correct operation.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

(3) After installing a Type A appliance in a gas installation, a gas-fitter must –

(a) where the consumer is present, demonstrate to the consumer the correct method of operating the Type A appliance; and

(b) attach to the Type A appliance, in a conspicuous position, all instructions issued by the manufacturer as to the correct method of operating the Type A appliance.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

(4) A gas-fitter must not install a used Type A appliance, whether or not it has been repaired or reconditioned, in a consumer's gas installation unless the gas-fitter has checked that the Type A appliance operates safely.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

(5) After checking that an appliance operates safely as required under subregulation (4) , a gas-fitter must endorse on either the statement of compliance for gas-fitting work or the certificate of compliance for gas-fitting work a note to the effect that the gas-fitter checked the appliance and ascertained that it was operating safely.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

(6) A person must not modify a Type A appliance or a component in any way without the approval of the Director, or an authorised officer on behalf of the Director, for the specific modification of the individual Type A appliance or component.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

(7) After a Type A appliance has been serviced by a gas-fitter, the gas-fitter must attach to the appliance in a conspicuous position a notice which legibly and clearly displays in permanent form –

(a) the date that the service took place; and

(b) the reference number of the gas-fitter who carried out the gas-fitting work.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 20 penalty units; or

(b) a natural person, a fine not exceeding 10 penalty units.

Compliance plates for Type A appliances

60 Compliance plates for Type A appliances

A compliance plate required by the Director to be affixed to a Type A appliance is to be –

(a) in a form approved by the Director; and

(b) securely affixed to the Type A appliance in a place that is readily accessible by any person inspecting the Type A appliance; and

(c) if the appliance is a new Type A appliance, in a form that –

(i) states that the Type A appliance as new has been approved under section 45 of the Act; and

(ii) displays the identification number assigned by the Director and the date of approval; and

(d) if the Type A appliance is a second-hand Type A appliance, in a form that states –

(i) that the Type A appliance as second-hand has been inspected and complies with current safety requirements; and

(ii) the name of the person inspecting the appliance; and

(iii) an identification number assigned by the Director; and

(iv) the date of inspection.

Compliance plates for Type B appliances

61 Compliance plates for Type B appliances

A compliance plate required by the Director to be affixed to a Type B appliance, as a condition of acceptance of a gas installation under section 54 of the Act, is to be –

(a) in a form approved by the Director; and

(b) securely affixed to the Type B appliance forming part of the gas installation in a place that is readily accessible by any person inspecting the Type B appliance.

Work on gas installations

62 Work on gas installations

A gas-fitter who carries out gas-fitting work, or proposed gas-fitting work, must ensure that the work is carried out in accordance with the applicable standards, codes or determinations.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

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

Supplying gas for use in gas installation or gas storage system

63 Supplying gas for use in gas installation or gas storage system

(1) A person must not commence supplying gas for use in a gas installation or a gas storage system unless –

(a) the complex gas installation, standard gas installation of a prescribed class or a prescribed gas storage system has been accepted by the Director under section 54 of the Act as complying with the applicable standards, codes or determinations; or

(b) the standard gas installation complies with the applicable standards, codes or determinations; or

(c) the supply is a temporary supply for commissioning or testing the complex gas installation, standard gas installation of a prescribed class or prescribed gas storage for compliance.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 200 penalty units; or

(b) a natural person, a fine not exceeding 50 penalty units.

(2) For the purposes of ensuring compliance with subregulation (1) , reliance may be placed on a statement of compliance or certificate of compliance provided by the installing gas-fitter for the gas-fitting work.

(3) A person must not supply gas to a gas installation or prescribed gas storage unless a gas-fitting work compliance plate is attached.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 200 penalty units; or

(b) a natural person, a fine not exceeding 50 penalty units.

Design and construction of gas storage systems

64 Design and construction of gas storage systems

A person must not install, or store gas in, a gas storage system unless the location of the gas storage system meets the requirements specified in any relevant standard, code or determination including proximity to the following:

(a) boundaries;

(b) protected places;

(c) dangerous goods;

(d) combustible material;

(e) ignition sources.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

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

General responsibilities of person carrying out gas-fitting work

65 General responsibilities of person carrying out gas-fitting work

(1) A gas-fitter carrying out gas-fitting work on a gas installation or gas storage system, must ensure that –

(a) the gas installation or gas storage system is not made unsafe during the gas-fitting work; and

(b) it is safe for use on the completion of the gas-fitting work.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

(2) Before connection or reconnection of a gas supply to a place, the gas-fitter carrying out gas-fitting work on a gas installation or gas storage system at the place must take steps to ensure that the gas supply is suitable for each gas installation or gas storage system situated in the place that will be connected to the gas supply.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

Commissioning gas-fitting work

66 Commissioning gas-fitting work

(1) At the completion of any gas-fitting work installing a standard gas installation, complex gas installation, standard gas installation of a prescribed class or gas storage system, a gas-fitter must –

(a) commission the installation or storage system in accordance with the applicable standards, codes or determinations; and

(b) securely attach to the installation or storage system a gas-fitting work compliance plate that states –

(i) the reference number of the gas-fitter who carried out the gas-fitting work; and

(ii) the serial identification number of the gas-fitting form that is approved by the Director in respect of the gas-fitting work; and

(iii) the date on which the installation or storage system was commissioned by the gas-fitter who carried out the gas-fitting work.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

(2) At the completion of an alteration or modification to an existing standard gas installation, complex gas installation, standard gas installation of a prescribed class or gas storage system, a gas-fitter must –

(a) ensure that the installation or storage system has been commissioned in accordance with applicable standards, codes or determinations; and

(b) ensure, as far as reasonably practicable, that all existing gas-fitting work carried out on the installation or storage system complies with the applicable standards, codes or determinations; and

(c) securely attach to the installation or storage system a gas-fitting work compliance plate that states –

(i) the reference number of the gas-fitter who carried out the gas-fitting work; and

(ii) the serial identification number of the gas-fitting form that is approved by the Director in respect of the gas-fitting work; and

(iii) the date on which the installation or storage system was commissioned by the gas-fitter who carried out the gas-fitting work.

Existing gas installations and gas storage systems

67 Existing gas installations and gas storage systems

A person must not make, or cause to make, an existing gas installation or gas storage system unsafe or non-compliant with prescribed standards, codes or determinations.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

Reporting of gas installation or gas storage system incidents

68 Reporting of gas installation or gas storage system incidents

(1) A gas-fitter carrying out gas-fitting work on a gas installation or gas storage system must report to the Director and to the licensee or gas supplier which supplies gas to the gas installation or gas storage system –

(a) any incident which occurs during the carrying out of that gas-fitting work, as soon as practicable after the occurrence of the incident; and

(b) any evidence indicating that unapproved modifications or alterations have been carried out on that gas installation or gas storage system, as soon as practicable after becoming aware of the evidence.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

(2) If a gas-fitter carries out gas-fitting work on a Type B appliance and the gas-fitter is aware that the work is required due to an incident which has occurred in respect of that appliance, the gas-fitter must, as soon as practicable after becoming so aware, report the incident to the Director and to the licensee or gas supplier which supplies gas to the gas installation of which the appliance forms part.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

(3) An owner of a Type B appliance must, as soon as practicable, report any incident that occurs in respect of the Type B appliance to the Director and to the licensee or gas supplier which supplies gas to the gas installation of which the appliance forms part.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

Dangerous gas installations

69 Dangerous gas installations

(1) If a person carrying out gas-fitting work on a gas installation becomes aware of a danger arising from a defect in the gas installation, the person must immediately –

(a) take such steps as are necessary to make the installation safe; and

(b) notify the owner of the gas installation, and the occupier of the premises in which the installation is situated, of the defect.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

(2) If the person carrying out the gas-fitting work is unable to make the gas installation safe, he or she must –

(a) notify the licensee or gas supplier which supplies gas to the gas installation of the defect; and

(b) disconnect the gas supply to the installation until the gas installation is made safe.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

Clearance of consumer piping

70 Clearance of consumer piping

A gas-fitter carrying out gas-fitting work must ensure that the consumer piping connected to a licensee's meter assembly has a clearance of at least 30 millimetres from the meter casing or any device, component, or pipe, connected to the meter inlet.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

Gas pressure-raising devices in consumer piping

71 Gas pressure-raising devices in consumer piping

A person who installs a gas pressure-raising device in consumer piping must –

(a) ensure that the meter and gas installation are protected from over-pressurisation, pulsation, reverse flow or vacuum; and

(b) notify the licensee or gas supplier supplying gas to the gas installation of that fact before the gas pressure-raising device is tested or commissioned.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

Notice of proposal to carry out certain gas-fitting work

72 Notice of proposal to carry out certain gas-fitting work

A person proposing to carry out, or who is responsible for the carrying out of, any of the following classes of gas-fitting work must give at least 48 hours notice to the Director, in a form approved by the Director, before carrying out that work:

(a) hot-tapping work;

(b) conversion of a gas appliance, that has been designed to be fired by a fuel other than gas, to firing by gas.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

Hot-tapping work

73 Hot-tapping work

A person must not carry out hot-tapping work unless that work –

(a) has been authorised in writing by the Director; and

(b) complies with the standards, codes or determinations determined by the Director for that work and specified in the authority.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

Special requirements for high-pressure consumer piping

74 Special requirements for high-pressure consumer piping

(1) This regulation does not apply to consumer piping to which AS/NZS 5601 applies.

(2) Consumer piping which is to have an operating pressure in excess of 200 kilopascals must comply with the standards, codes or determinations determined by the Director in respect of that piping.

(3) A person must not install consumer piping which is to have an operating pressure in excess of 200 kilopascals unless the Director has accepted a proposal for the installation of the consumer piping.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

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

(4) An application for acceptance –

(a) is to be made in writing; and

(b) is to contain or be accompanied by details of the proposed design and construction of the consumer piping.

Notice of defect

75 Notice of defect

(1) If gas-fitting work does not comply with these regulations, an authorised officer may serve a notice of defect on –

(a) the person who carried out the gas-fitting work; or

(b) the person who caused the non-compliance of the gas-fitting work.

(2) A notice of defect is to be in a form approved by the Director.

Notice of rectification

76 Notice of rectification

(1) Unless a person on whom a notice of defect is served appeals in accordance with regulation 77 , he or she must, before the rectification date specified in the notice of defect –

(a) ensure that the gas-fitting work is made to comply with these regulations; and

(b) give notice of rectification to an authorised officer that the work has been made to so comply.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

(2) The notice of rectification is to be in a form approved by the Director.

Appeal against notice of defect

77 Appeal against notice of defect

(1) A person may, within 48 hours of receiving a notice of defect, appeal in writing to the Director against the notice.

(2) On receiving an appeal, the Director may confirm, vary or cancel the notice of defect.

(3) The Director's decision is final.

(4) A person who has appealed in writing under subregulation (1) must comply with the final decision within 7 days after the final decision is made.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

Part 8

Automotive Gas-Fitting Work

Part 8 Automotive Gas-Fitting Work

Interpretation of Part

78 Interpretation of Part

In this Part –

automotive gas-fitter means a person who has an automotive gas-fitting qualification;

automotive gas-fitting qualification means a licence to carry out automotive gas-fitting work under the Occupational Licensing Act 2005 ;

automotive gas-fitting work means work associated with the installation, service and repair of an automotive gas fuel system in motor vehicles, or in industrial equipment, in accordance with applicable standards, codes or determinations;

automotive gas-fitting work compliance plate means an automotive gas-fitting work compliance plate that is in a form approved by the Director;

automotive gas fuel system means a gas system that supplies gas as a fuel to an internal combustion engine regardless of whether or not the gas is supplied concurrently with another fuel.

Installation of automotive gas fuel system

79 Installation of automotive gas fuel system

(1) A person must not install an automotive gas fuel system unless –

(a) he or she is an automotive gas-fitter with an automotive gas-fitting qualification that authorises the holder of the qualification to install automotive gas fuel systems; and

(b) the automotive gas fuel system is installed in accordance with –

(i) the applicable standards, codes or determinations; and

(ii) any manufacturer's recommendations that are not inconsistent with the applicable standards, codes or determinations.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 20 penalty units; or

(b) a natural person, a fine not exceeding 10 penalty units.

(2) On the installation of an automotive gas fuel system, an automotive gas-fitter must securely attach to the system, in a conspicuous position, an automotive gas-fitting work compliance plate.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 20 penalty units; or

(b) a natural person, a fine not exceeding 10 penalty units.

(3) An automotive gas-fitter who has installed an automotive gas fuel system must –

(a) within 10 days after the end of each month, give a return to the Director, in a form determined by the Director, specifying details of each automotive engine that the automotive gas-fitter has converted to an automotive gas fuel system, within that month; and

(b) keep a record of each installation for a period of 10 years.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 20 penalty units; or

(b) a natural person, a fine not exceeding 10 penalty units.

Service and repair of automotive gas fuel system

80 Service and repair of automotive gas fuel system

(1) A person must not service or repair an automotive gas fuel system unless –

(a) he or she is an automotive gas-fitter with an automotive gas-fitting qualification that authorises him or her to service and repair automotive gas fuel systems; and

(b) the service or repair to the automotive gas fuel system is in accordance with –

(i) the applicable standards, codes or determinations; and

(ii) any manufacturer's recommendations that are not inconsistent with the applicable standards, codes or determinations.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 20 penalty units; or

(b) a natural person, a fine not exceeding 10 penalty units.

(2) An automotive gas-fitter who has serviced or repaired an automotive gas fuel system must keep a record of that service or repair for a period of 10 years.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 20 penalty units; or

(b) a natural person, a fine not exceeding 10 penalty units.

Sale of vehicle and industrial equipment with automotive gas fuel system

81 Sale of vehicle and industrial equipment with automotive gas fuel system

A person must not sell a vehicle or industrial equipment that is fuelled by an automotive gas fuel system unless an automotive gas-fitting work compliance plate is securely attached to the system.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 20 penalty units; or

(b) a natural person, a fine not exceeding 10 penalty units.

Automotive gas containers

82 Automotive gas containers

An automotive gas-fitter must ensure that a gas container used in an automotive gas fuel system complies with AS 2337.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 20 penalty units; or

(b) a natural person, a fine not exceeding 10 penalty units.

Part 9

Miscellaneous

Part 9 Miscellaneous

Information on location of gas infrastructure

83 Information on location of gas infrastructure

(1) A licensee must ensure that information on the location of the gas infrastructure in respect of which he or she is licensed –

(a) is current, accurate and reliable; and

(b) is available for examination by a member of the public.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

(2) The information is to be made available in a manner approved by the Director.

(3) A person must not, without authority from the operator of gas infrastructure, carry out any boring or excavation in, or on, any ground within the proximity of that gas infrastructure, if the information available under subregulation (1) identifies the location of that gas infrastructure.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

Sale and registration of caravans with LPG systems

84 Sale and registration of caravans with LPG systems

A person must not sell or register a caravan on which a gas installation or gas storage system is installed unless a gas-fitting work compliance plate is securely attached to the gas installation or gas storage system.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 20 penalty units; or

(b) a natural person, a fine not exceeding 10 penalty units.

Gas-fitting work on boats

85 Gas-fitting work on boats

(1) A person must not undertake gas-fitting work on a boat unless he or she is a gas-fitter.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 20 penalty units; or

(b) a natural person, a fine not exceeding 10 penalty units.

(2) A gas-fitter who undertakes gas-fitting work on a boat must, after commissioning the gas-fitting work –

(a) affix a gas-fitting work compliance plate to the gas installation or gas storage system; and

(b) certify in a form approved by the Director that the work complies with the applicable standards, codes or determinations.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 20 penalty units; or

(b) a natural person, a fine not exceeding 10 penalty units.

(3) In this regulation –

boat includes the following:

(a) a motor boat, motor-propelled tender, yacht, cabin cruiser, launch, marine craft, runabout, trailer-sailer, house-boat, motor-sailer, workboat and vessel;

(b) a vessel within the meaning of the Marine and Safety Authority Act 1997 ;

(c) a motor boat or motor-propelled tender within the meaning of the Marine and Safety (Motor Boats and Licences) By-laws 2013.

Interstate compliance plates

86 Interstate compliance plates

For the purposes of these regulations, a compliance plate relating to gas-fitting work that complies with the laws of another State or a Territory, and has been installed in accordance with those laws, is taken to be a valid gas-fitting work compliance plate for the purposes of these regulations.

Rate of penalty interest

87 Rate of penalty interest

For the purposes of section 16(2)(a) of the Act, the prescribed rate for penalty interest is a rate equal to the Commonwealth official 10-year government bond rate, as published by the Reserve Bank of Australia on the last business day of the months of March, June, September and December of each year, plus 50% of that rate.

Appeal from decision on administrative review

88 Appeal from decision on administrative review

(1) An appeal to the Minister under section 91 of the Act in relation to a decision on an administrative review is to –

(a) be made, in writing, within 14 days after the day on which the applicant is notified of the decision on the relevant administrative review; and

(b) specify the reasons for the appeal.

(2) The Minister may extend the period referred to in subregulation (1) for making an appeal.

(3) The Minister must, by notice served on the appellant, notify the appellant of –

(a) the decision made in relation to the appeal; and

(b) the findings on material questions of fact in relation to the appeal; and

(c) the evidence or other material on which the findings are based; and

(d) the reasons for the decision made in relation to the appeal.

Prescribed depth

89 Prescribed depth

For the purposes of section 110(2) of the Act, the prescribed depth is 30 centimetres.

Infringement notices

90 Infringement notices

(1) For section 82(1) of the Act –

(a) an offence against a provision of the Act specified in column 1 of the table in Part 1 of Schedule 5 is prescribed as an offence for which an infringement notice may be issued; and

(b) an offence against a provision of these regulations specified in column 1 of the table in Part 2 of Schedule 5 is prescribed as an offence for which an infringement notice may be issued.

(2) A penalty specified in column 3 of a table in Part 1 or 2 of Schedule 5 is prescribed as the penalty for a body corporate for the offence specified in column 1 of the relevant table.

(3) A penalty specified in column 4 of a table in Part 1 or 2 of Schedule 5 is prescribed as the penalty for a natural person for the offence specified in column 1 of the relevant table.

(4) If an infringement notice is served under section 82 of the Act and is not withdrawn, the authorised officer serving the infringement notice is to forward a copy of the notice to the Director.

Legislation rescinded

91 Legislation rescinded

The legislation specified in Schedule 6 is rescinded.

SCHEDULE 1 - Additional inform

SCHEDULE 1 - Additional information to be supplied for Type B appliance in gas installation

SCHEDULE 1 - Additional inform SCHEDULE 1 - Additional information to be supplied for Type B appliance in gas installation

Regulation 53(2)

1. The technical standards to which the appliance is to be designed, manufactured, installed, commissioned and operated.

2. Appliance details, including the following:

(a) the manufacturer's name;

(b) identification of the model of appliance;

(c) the nominal gas consumption (MJ/h) of the appliance;

(d) the gas type;

(e) the maximum and minimum gas supply pressures;

(f) the purge times;

(g) the gas pressure at the burner head for the nominal gas consumption;

(h) the combustion chamber volume;

(i) the purge volume, being the total volume swept from the entry of the purge medium to the point of emission including interconnecting duct work;

(j) the serial number of the appliance;

(k) the date of manufacture of the appliance.

3. Valve train schematic diagram: A schematic diagram clearly indicating –

(a) all components (including brand and model); and

(b) rated working pressure of all components; and

(c) proposed settings of all adjustable devices.

4. Electrical circuit diagram: A circuit diagram in ladder-logic format clearly indicating –

(a) safety and control circuits; and

(b) details of all major components (including brand and model); and

(c) the method of operation of all major components.

5. Purge time calculation. Calculation of the time required to purge the appliance in accordance with AS 3814.

6. Safe-start gas rate. Where required by AS 3814, calculation of the safe-start gas rate or the critical time for ignition or critical energy.

7. Explosion relief area and dilution air flow rate (where relevant). If the appliance process involves solvents or dusts, and where required by AS 3814, provision of details of, and calculations for, explosion relief area and dilution air flow rates.

8. Details of flueing.

9. Details of ventilation.

10. Supporting evidence that the appliance’s design, manufacture, installation and commissioning conform to any applicable standards, codes or determinations.

SCHEDULE 2 - Standards and Cod

SCHEDULE 2 - Standards and Codes applicable to pipelines

SCHEDULE 2 - Standards and Cod SCHEDULE 2 - Standards and Codes applicable to pipelines

Regulation 5(w)

| Purpose | Standard | | 1. Pressure vessels | AS 1210, Pressure vessels | | | AS 3788, Pressure equipment – In-service inspection | | | AS 4343, Pressure equipment – Hazard levels | | 2. Pipelines | AS 2885, Pipelines – Gas and liquid petroleum | | | AS/NZS 4645.2, Gas distribution networks – Steel pipe systems | | | ASME B31.8, Gas transmission and distribution piping systems | | | IGE/TD 3 The Institute of Gas Engineers – Recommendations on Transmission and Distribution Practice | | 3. Pressure piping | AS 4041, Pressure piping | | | ASME B31.3, Process piping | | | CSA Z662, Oil and gas pipeline systems | | 4. Hazardous areas | AS/NZS 60079.10.1, Explosive atmospheres – Classification of areas – Explosive gas atmospheres | | | AS 2865, Confined spaces | | 5. Cathodic protection | AS 2832.1, Cathodic protection of metals – Pipes and cables | | | AS 2832.2, Cathodic protection of metals – Compact buried structures | | 6. Electrical | AS/NZS 1020, The control of undesirable static electricity | | | AS/NZS 3000, Electrical installations | | | AS/NZS 4853, Electrical safety on metallic pipelines | | | AS/NZS 60079.14, Explosive atmospheres – Electrical installations design, selection and erection | | | AS/NZS 60079.17, Explosive atmospheres – Electrical installations inspection and maintenance | | 7. Risk management | AS/NZS ISO 45001, Occupational health and safety management systems – requirements with guidance for use | | | AS/NZS ISO 31000, Risk management – Principles and guidelines | | | |

SCHEDULE 3 - Standards and Cod

SCHEDULE 3 - Standards and Codes applicable to pipeline facilities

SCHEDULE 3 - Standards and Cod SCHEDULE 3 - Standards and Codes applicable to pipeline facilities

Regulation 5(x)

| Pipeline facility safety case consideration | Standard or Code | | 1. Structures | AS/NZS 1170.0, Structural design actions – General principles | | | AS/NZS 1170.1, Structural design actions – Permanent, imposed and other actions | | | AS/NZS 1170.2, Structural design actions – Wind actions | | | AS/NZS 1170.3, Structural design actions – Snow and ice actions | | | AS 1170.4, Structural design actions – Earthquake actions in Australia | | | AS 4100, Steel structures | | 2. Pipelines | AS 2885, Pipelines – Gas and liquid petroleum | | | AS/NZS 4645.2, Gas distribution networks – Steel pipe systems | | | ASME B31.8, Gas transmission and distribution piping systems | | | IGE/TD 3 The Institute of Gas Engineers – Recommendations on Transmission and Distribution Practice | | 3. Pressure piping | AS 4041, Pressure piping | | | ASME B31.1, Power piping | | | ASME B31.3, Process piping | | 4. Hazardous areas | AS/NZS 60079.10.1, Explosive atmospheres – Classification of areas – Explosive gas atmospheres | | | AS 2865, Confined spaces | | 5. Pressure systems | API 521, Guide for pressure-relieving and depressurising systems | | 6. Pressure vessels | AS 1210, Pressure vessels | | | AS 1271, Safety valves, other valves, liquid level gauges, and other fittings for boilers and unfired pressure vessels | | | AS 2971, Serially produced pressure vessels | | 7. Electrical | AS/NZS 3000, Electrical installations | | | AS/NZS 60079.14, Explosive atmospheres – Electrical installations design, selection and erection | | | AS/NZS 60079.17, Explosive atmospheres – Electrical installations inspection and maintenance | | | AS/NZS 1020, The control of undesirable static electricity | | 8. Risk management | AS/NZS ISO 45001, Occupational health and safety management systems – requirements with guidance for use | | | AS/NZS ISO 31000, Risk management – Principles and guidelines | | | |

SCHEDULE 4 - Procedures before

SCHEDULE 4 - Procedures before construction, commissioning or operation of transmission pipeline

SCHEDULE 4 - Procedures before SCHEDULE 4 - Procedures before construction, commissioning or operation of transmission pipeline

Regulation 17

1. In the following table –

rehabilitate, in respect of land in or on which a pipeline is constructed, means to re-contour and profile the land to the condition that it was in before the construction of the pipeline, but does not include revegetating the land.

| | Process step | Action by applicant | Response by Director | | 1. | Construction | Submit to the Director certification that the pipeline has been constructed in accordance with the submitted design and is ready for testing | The Director, if satisfied that the construction has been substantially completed and meets the submitted design requirements, will issue a written consent to commence hydrostatic testing. | | | | Also submit to the Director the following information: | | | | | (a) details of the person conducting the hydrostatic testing; | | | | | (b) procedures to be followed (including calculation, gauging, cleaning, etc); | | | | | (c) whether testing is to be conducted in specified sections or as a whole pipeline; | | | | | (d) copy of consent for hydro-test of wastewater discharge granted by the Secretary of the responsible Department in relation to the Environmental Management and Pollution Control Act 1994 . | | | 2. | Pre-Commissioning | Following the hydrostatic testing, the applicant is to forward to the Director – | | | | | (a) results of the testing and a report in accordance with AS 2885 signed by a testing engineer accredited by the National Association of Testing Authorities Australia; and | | | | | (b) confirmation that cleaning of the pipeline has been completed. | | | | | | The Director, if satisfied that – | | | | | (a) the hydrostatic testing has been satisfactorily completed for the pipeline; and | | | | | (b) construction and rehabilitation activities for the pipeline have been completed – | | | | | will issue a written consent to commence the commissioning of the pipeline | | | | Following the route inspection, the applicant must also provide the Director with confirmation that – | | | | | (a) the pipeline easement has been rehabilitated in accordance with any applicable environmental management plan; and | | | | | (b) required pipeline markers and signs for the pipeline have been installed. | | | | | The applicant must also provide the Director with – | | | | | (a) confirmation of function tests of main line valves and communication links; and | | | | | (b) full particulars of the person or body conducting the commissioning, including operational, maintenance and emergency arrangement. | | | | | The applicant must also submit to the Director a written request to commission the pipeline and introduce gas at a specified pressure. | | | 3. | Operation | The applicant must provide the Director with – | | | | | (a) independent certification in accordance with section 27 of the Act that the safety case conforms to standards and codes prescribed by these regulations; and | | | | | (b) certification by a commissioning engineer that all critical pipeline safety equipment has been satisfactorily tested; and | | | | | (c) written confirmation that all action required to be done by the pipeline risk assessments or by a commissioning process has been done. | | | | | The applicant must also submit to the Director a written request to operate the pipeline, with a description of the route of the pipeline and a map showing the exact route of the pipeline and any significant landmarks drawn to a scale of 1:25 000 or such other scale as the Director may approve. | | | | | | The Director, if satisfied that – | | | | | (a) the commissioning has been satisfactorily completed for the pipeline; and | | | | | (b) certification, confirmations and submissions have been received for the pipeline – | | | | | will issue a written consent to operate the pipeline. |

SCHEDULE 5 - Infringement noti

SCHEDULE 5 - Infringement notice penalties

SCHEDULE 5 - Infringement noti SCHEDULE 5 - Infringement notice penalties

Regulation 90

SCHEDULE 6 - Legislation resci

SCHEDULE 6 - Legislation rescinded

SCHEDULE 6 - Legislation resci SCHEDULE 6 - Legislation rescinded

Regulation 91

| Gas (Safety) Regulations 2014 (No. 62 of 2014) | | Gas Pipelines Regulations 2014 (No. 63 of 2014) |

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 3 February 2021

These regulations are administered in the Department of Justice.

Source text: opening excerpt

Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.