118Digging near pipelines

118 Digging near pipelines (1) A person is guilty of an offence if the person carries out any excavation or bores or opens any ground within 3 metres of a pipeline without either obtaining the authority of the licensee or giving notice to the licensee in accordance with the regulations. (2) A person who is guilty of an offence under subsection (1) is liable to a penalty not exceeding 20 penalty units, in the case of a natural person, or 100 penalty units, in the case of a body corporate. (3) This section does not apply to— (a) an owner or occupier of any land on or under which the pipeline is situated if the owner or occupier excavates or bores or opens ground to a depth of not more than 300 millimetres in that land; or (b) a person who, on behalf of an owner or occupier of any land on or under which the pipeline is situated, excavates or bores or opens ground to a depth of not more than 300 millimetres in that land.