Print PageFind ComponentFind LegislationHistory ON
Gas Act 2000 (No. 92 of 2000)
Requested:  22 May 2013
Consolidated as at:  6 Mar 2012

Division 2 - Safety and operating plan for facilities

54. Safety and operating plan

      (1) A gas entity must submit to the Director of Gas Safety a safety and operating plan for each of its facilities that demonstrates compliance with the standards and codes prescribed by the regulations.

      (2) Before submitting a safety and operating plan to the Director of Gas Safety, the gas entity must ensure that the plan is independently certified by a person approved by the Director as conforming to any relevant standard.

      (3) A safety and operating plan for a facility –

(a) must be in writing; and

(b) in accordance with the regulations, must specify the safety management system being followed or to be followed by the gas entity –

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

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

      (4) A gas entity must not commission or commence to operate a facility of the gas entity unless a certified safety and operating plan for that facility has been accepted or provisionally accepted by the Director of Gas Safety.

Penalty:

Fine not exceeding 1 500 penalty units.

      (5) A safety and operating plan may be submitted in stages.

      (6) A safety and operating plan may apply to more than one facility.

      (7) A gas entity must thoroughly review and revise its safety and operating plan in accordance with the review schedule contained in the plan.

Penalty:

Fine not exceeding 500 penalty units.

55. Auditing of safety and operating plan for facility

      (1) A gas entity must have the implementation of its safety and operating plan audited as required by the Director of Gas Safety.

Penalty:

Fine not exceeding 500 penalty units.

      (2) Within 14 days of receiving an audit report, the gas entity must submit a copy of it to the Director of Gas Safety.

Penalty:

Fine not exceeding 500 penalty units.

56. Additional information

      (1) The Director of Gas Safety may require a gas entity to provide any additional information that the Director thinks fit in respect of a safety and operating plan submitted by the gas entity under this Division.

      (2) The Director of Gas Safety is not required to proceed with the consideration of a safety and operating plan until the additional information is provided.

57. Acceptance of safety and operating plan

The Director of Gas Safety must accept a certified safety and operating plan submitted under this Division if satisfied that it has been prepared in accordance with this Act.

58. Provisional acceptance of safety and operating plan

      (1) The Director of Gas Safety may provisionally accept a certified safety and operating plan if satisfied that –

(a) it has not been prepared in accordance with the Director's directions in only a minor respect; and

(b) despite that failure, it will provide for the safe operation of the pipeline.

      (2) The Director of Gas Safety must notify a gas entity in writing of his or her decision to provisionally accept its safety and operating plan.

      (3) The notice of acceptance must state –

(a) the period during which the provisional acceptance will be in force; and

(b) the extent to which the safety and operating plan has been accepted; and

(c) any limitations or conditions which will apply in respect of the use or operation of the facility while the provisional acceptance is in force.

59. Non-acceptance of safety and operating plan

      (1) If the Director of Gas Safety does not accept or provisionally accept a safety and operating plan, he or she must –

(a) notify the gas entity in writing of the non-acceptance; and

(b) give the gas entity an opportunity to modify and resubmit the safety and operating plan.

      (2) A modified safety and operating plan must be submitted to the Director within 28 days after the notice is given under subsection (1).

      (3) If, after considering any modified safety and operating plan submitted under this section, the Director decides not to accept it, the Director must give notice in writing of that decision to the gas entity.

      (4) A notice under this section must be accompanied by a statement of the reasons for the decision.

60. Director of Gas Safety may determine safety and operating plan

      (1) The Director of Gas Safety may determine the safety and operating plan which is to apply in respect of a facility which is in operation at the time of the determination if –

(a) the gas entity fails to submit a safety and operating plan for the facility in accordance with this Act; or

(b) the Director has decided not to accept a safety and operating plan for the facility.

      (2) If the Director determines the safety and operating plan to apply to a facility under this section –

(a) the Director must give notice in writing to the gas entity of that determination; and

(b) the gas entity must pay the costs associated with determining the safety and operating plan.

      (3) On notice being given to the gas entity under subsection (2), the safety and operating plan determined by the Director is taken for the purposes of this Act to be the accepted safety and operating plan for the facility to which it applies.

      (4) Nothing in subsection (3) prevents a gas entity from submitting a safety and operating plan or a revised safety and operating plan for a facility to the Director for acceptance under this Division.

61. Compliance with safety and operating plan

      (1) A gas entity must comply with the accepted safety and operating plan for a facility in respect of the management and operation of the facility.

Penalty:

Fine not exceeding 1 500 penalty units.

      (2) A gas entity must not –

(a) undertake or permit a modification of a facility that has the potential to significantly increase the overall levels of risk in respect of the facility; or

(b) undertake or permit a modification of a facility that has the potential to significantly influence the level of a particular risk or the ranking of risk contributing factors; or

(c) make or permit a significant change to the safety management system in respect of a facility –

unless the Director of Gas Safety has accepted a revision of the safety and operating plan in respect of that matter for that facility.

Penalty:

Fine not exceeding 1 500 penalty units.

62. Revision of safety and operating plan

A gas entity must submit a revised safety and operating plan for a facility to the Director of Gas Safety if –

(a) developments in technical knowledge or the assessment of hazards relevant to the facility make it appropriate to revise the safety and operating plan; or

(b) proposed modifications of the facility will result in a significant increase in the overall levels of risk in respect of the facility; or

(c) a proposed modification of the facility may significantly influence the level of a particular risk or the ranking of risk contributing factors; or

(d) the gas entity proposes to make a significant change to the safety management system in respect of the facility.

63. Director of Gas Safety may require submission of revised safety and operating plan

      (1) The Director of Gas Safety may at any time require a gas entity to submit a revised safety and operating plan for a facility of the gas entity.

      (2) The requirement must –

(a) be in writing; and

(b) set out –

(i) the matters to be dealt with by the required revision; and

(ii) the proposed date of effect of the revision; and

(iii) the grounds for the requirement.

      (3) The gas entity of which the requirement is made may make a submission to the Director on all or any of the following grounds:

(a) that the revision should not occur;

(b) that the revision should be in terms different from the terms proposed in the requirement;

(c) that the revision should take effect on a later date than the proposed date of effect.

      (4) The submission must –

(a) be in writing; and

(b) state the gas entity's reasons for the submission; and

(c) be made within 21 days, or such later period as the Director allows in writing, after the request is received.

      (5) If a gas entity makes a submission under this section, the Director must –

(a) accept the submission or part of the submission and vary or withdraw the requirement accordingly; or

(b) reject the submission.

      (6) The Director must give the gas entity notice in writing of his or her acceptance or rejection of the submission and the reasons for it.

64. Offence to fail to submit revised safety and operating plan when required

If the Director of Gas Safety requires the revision of a safety and operating plan under section 63, the gas entity must submit a revised safety and operating plan for the facility to the Director –

(a) within a time that is not less than 60 days specified by the Director in the requirement, if the gas entity does not make a submission under that section; or

(b) if the gas entity has made a submission under that section and the Director has not withdrawn the requirement, within a time that is not less than 60 days specified by the Director in his or her decision on the submission.

Penalty:

Fine not exceeding 400 penalty units.

65. Application of provision to revised safety and operating plan

Sections 55, 56, 57, 58, 59, 60 and 61 apply to the revision of a safety and operating plan in the same manner as they apply to a safety and operating plan.


CURRENT VIEW: 1 Jan 2011 - 1 Jan 2013
VIEW THE SESSIONAL VERSION