Gas (Safety) Amendment Regulations 2009

Gas (Safety) Amendment Regulations 2009

I, the Lieutenant-Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Gas Act 2000 .

2 October 2009

E. C. CRAWFORD

Lieutenant-Governor

By His Excellency's Command,

D. E. LLEWELLYN

Minister for Energy and Resources

1.   Short title

These regulations may be cited as the Gas (Safety) Amendment Regulations 2009 .

2.   Commencement

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

3.   Principal Regulations

In these regulations, the Gas (Safety) Regulations 2002 are referred to as the Principal Regulations.

4.    Regulation 3 amended (Interpretation)

Regulation 3 of the Principal Regulations is amended as follows:

(a) by omitting the definitions of AG 603 and AG 606 from subregulation (1) and substituting the following definition:

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;

(b) by omitting "AS 1375-Industrial Fuel Fired Appliances Code" from the definition of AS 1375 in subregulation (1) and substituting "AS 1375-SAA INDUSTRIAL FUEL FIRED APPLIANCES CODE";

(c) by omitting the definitions of AS 1596 and AS 1697 from subregulation (1) and substituting the following definitions:

AS/NZS 1425 means AS/NZS 1425-LP Gas fuel systems for vehicle 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/NZS 1596 means AS/NZS 1596-The storage and handling of LP 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 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 by the Standards Association of Australia, as in force from time to time (including any code or standard having effect under that standard);

(d) by omitting the definitions of AS 3723 , AS 3814/AG 501 and AS 5601/AG 601 from subregulation (1) and substituting the following definitions:

AS 3814 means AS 3814-Industrial and commercial gas-fired appliances published by The Australian Gas Association, 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);

(e) by omitting "Management" from the definition of AS/NZS 4360 in subregulation (1) and substituting "management";

(f) by inserting the following definition after the definition of AS/NZS 4360 in subregulation (1) :

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

(g) by inserting the following definitions after the definition of AS/NZS 4801 in subregulation (1) :

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 5601 means AS 5601-Gas Installations published by The Australian Gas Association, 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 and is expressed in kilolitres or litres respectively;

certificate of compliance means a certificate of compliance as referred to in section 66(c) of the Act that is in the form required under regulation 50(1) ;

commissioned means that a gas installation or gas storage system has been issued with –

(a) a certificate of compliance, or a statement of compliance, by a gas fitter that demonstrates that the installation or 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;

commissioning 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; and

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

compressed natural gas, commonly known as CNG, means natural gas stored under pressure in a container;

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

(h) by omitting the definition of gas fitting work from subregulation (1) and substituting the following definitions:

gas fitter means –

(a) a person authorised under the Occupational Licensing Act 2005 to undertake a class of gas fitting work; or

(b) a person who holds a certificate of competency issued under regulation 41 of the Workplace Health and Safety Regulations 1998 to undertake work in the class of gas fitting work; or

(c) a person who is registered under the Plumbers and Gas-fitters Registration Act 1951 as a person authorised to undertake any gas fitting work involving liquefied petroleum gas;

gas fitting work means work conducted in relation to the installation, testing, commissioning, relocation, repair, alteration, servicing or maintenance of a gas installation or gas storage system (or any part of a gas installation 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 installation or 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 securely attached by a gas fitter to a standard gas installation, a complex gas installation, a standard gas installation of a prescribed class or a gas storage system;

gas storage system means a container and all associated pipe work, components, equipment and fittings –

(a) through to –

(i) the outlet of the first gas pressure regulator supplying a gas installation; or

(ii) the outlet of an automotive refuelling dispenser; or

(b) relating to any consumer's gas storage system, contained in the liquid or vapour phase, forming part of a gas installation that –

(i) uses liquefied petroleum gas, compressed natural gas or liquefied natural gas; and

(ii) is downstream of the gas supply point;

gas supplier means –

(a) a person who –

(i) receives gas for supply or resale to a consumer in the course of trade or commerce; and

(ii) supplies gas to a gas storage system that has a container with an individual capacity in excess of 25 litres; or

(b) a licensee under the Gas Pipelines Act 2000 of a pipeline declared as a transmission pipeline under that Act;

(i) by inserting the following definition after the definition of hot-tapping work in subregulation (1) :

liquefied natural gas, commonly known as LNG, means natural gas processed to a liquid phase and stored in a container;

(j) by omitting "fluid" from the definition of liquefied petroleum gas in subregulation (1) ;

(k) by inserting the following definition after the definition of lower explosive limit in subregulation (1) :

reference number, of a gas fitter, means –

(a) in the case of a gas fitter authorised under the Occupational Licensing Act 2005 , the licence number of the gas fitter; and

(b) in the case of a gas fitter who holds a certificate of competency under the Workplace Health and Safety Regulations 1998 , the unique identification number of that certificate; and

(c) in the case of a gas fitter who is registered under the Plumbers and Gas-fitters Registration Act 1951 , the registration number of that gas fitter;

(l) by omitting "cubic metre." from the definition of standard cubic metre in subregulation (1) and substituting "cubic metre;";

(m) by inserting the following definitions after the definition of standard cubic metre in subregulation (1) :

standard gas installation of a prescribed class means a standard gas installation of a class prescribed in regulation 45 ;

statement of compliance means a statement of compliance referred to in section 77(3)(c) of the Act that is in the form required under regulation 47(1) .

(n) by omitting subregulation (2) .

5.    Regulation 5 substituted

Regulation 5 of the Principal Regulations is rescinded and the following regulation is substituted:

5.   General requirements for safe operation – standards

For the purposes of section 54 of the Act, the prescribed standards and codes are as follows:

(a) AS 1375;

(b) AS/NZS 1425;

(c) AS/NZS 1596;

(d) AS 2337;

(e) AS/NZS 2739;

(f) AS 2885;

(g) AS 3814;

(h) AS 3961;

(i) AS/NZS 4360;

(j) AS/NZS 4645;

(k) ASNZS 4801;

(l) AS 4983;

(m) AS 5601.

6.    Regulation 9 amended (Gas quality)

Regulation 9 of the Principal Regulations is amended as follows:

(a) by omitting

Total inserts

Maximum: 7.0 mole per cent

from the table in subregulation (2) and substituting the following item:

Total inerts

Maximum: 7.0 mole per cent

(b) by inserting in subregulation (3) "reference" after "standard".

7.    Regulation 47 amended (Statement of compliance)

Regulation 47 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (1) "under section 77(3)(c) of the Act";

(b) by omitting from subregulation (1)(b) "person" and substituting "gas fitter";

(c) by omitting from subregulation (2) "person" and substituting "gas fitter";

(d) by omitting from subregulation (2)(b) "compliance" and substituting "compliance, within 48 hours of the appliance being commissioned,";

(e) by omitting from subregulation (3) "person" first occurring and substituting "gas fitter";

(f) by omitting from subregulation (3) "undertaking the work," and substituting "the installation is commissioned,";

(g) by omitting paragraph (b) from subregulation (3) and substituting the following paragraph:

(b) if the installation is connected to –

(i) a distribution system, to the gas distributor; or

(ii) a gas storage system, to the gas supplier; or

(iii) a pipeline declared as a transmission pipeline under the Gas Pipelines Act 2000 , to the licensee under that Act.

(h) by omitting subregulation (4) and substituting the following subregulation:

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

Penalty:  Level 2.

8.    Regulation 48 amended (Connection of gas to installation)

Regulation 48 of the Principal Regulations is amended as follows:

(a) by omitting "carrying out gas fitting work";

(b) by omitting "class prescribed in regulation 45 " and substituting "prescribed class".

9.    Regulation 50 amended (Certificate of compliance)

Regulation 50 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (1) "referred to in section 66(c) of the Act";

(b) by inserting in subregulation (1) "or gas storage systems" after "installations";

(c) by omitting from subregulation (1)(b) "person" and substituting "gas fitter";

(d) by omitting from subregulation (2) "person" first occurring and substituting "gas fitter";

(e) by omitting from subregulation (2) "undertaking the work," and substituting "the installation or storage system is commissioned,";

(f) by inserting in subregulation (2)(b) "or gas storage system" after "installation";

(g) by omitting paragraph (c) from subregulation (2) and substituting the following paragraph:

(c) if the installation or storage system is connected to –

(i) a distribution system, to the gas distributor; or

(ii) a gas storage system, to the gas supplier; or

(iii) a pipeline declared as a transmission pipeline under the Gas Pipelines Act 2000 , to the licensee under that Act.

(h) by omitting from subregulation (3) "person" and substituting "gas fitter";

(i) by omitting from subregulation (3) "statement" and substituting "completed certificate";

(j) by omitting from subregulation (3) "5 years" and substituting "10 years".

10.    Regulation 51 substituted

Regulation 51 of the Principal Regulations is rescinded and the following regulation is substituted:

51.   Installation of Type A appliances

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

Penalty:  Level 1.

(2)  A gas fitter who installs a Type A appliance in a gas installation must adjust the appliance for correct operation where the appliance is –

(a) connected to a meter, and to a supply of natural gas; or

(b) connected to a supply of liquefied petroleum gas.

Penalty:  Level 2.

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

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

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

Penalty:  Level 2.

(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 he or she has checked and ascertained that the appliance operates safely before installing it.

Penalty:  Level 2.

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

Penalty:  Level 2.

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

Penalty:  Level 2.

(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:  Level 1.

11.    Regulation 54 amended (Work on gas installations)

Regulation 54 of the Principal Regulations is amended as follows:

(a) by omitting subregulations (1) and (2) and substituting the following subregulation:

(1)  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.

Penalty:  Level 3.

(b) by inserting in subregulation (3) "or gas supplier" after "distributor";

(c) by omitting from subregulation (3)(a) "requirements of AS 3814/AG 501" and substituting "applicable standards";

(d) by inserting the following subregulation after subregulation (3) :

(4)  A person must not install a standard gas installation, a complex gas installation, or a standard gas installation of a prescribed class, which includes a Type A or Type B appliance fuelled by liquefied petroleum gas, unless the person is a gas fitter registered under the Plumbers and Gas-fitters Registration Act 1951 .

Penalty:  Level 1.

12.    Regulation 55 amended (General responsibilities of person carrying out gas fitting work)

Regulation 55 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (1) "person" and substituting "gas fitter";

(b) by inserting in subregulation (1) "or gas storage system, that uses natural gas, liquefied petroleum gas, compressed natural gas or liquefied natural gas," after "a gas installation";

(c) by inserting in subregulation (1) "or gas storage system" after "the gas installation";

(d) by omitting from subregulation (2) "person" and substituting "gas fitter";

(e) by inserting in subregulation (2) "or gas storage system" after "a gas installation";

(f) by inserting in subregulation (2) "or gas storage system" after "each gas installation";

(g) by inserting in subregulation (3) "statement of compliance or a" after "a";

(h) by omitting from subregulation (3) "provided under regulation 50 ";

(i) by inserting in subregulation (3) "or gas storage system" after "installation".

13.    Regulation 55A inserted

After regulation 55 of the Principal Regulations , the following regulation is inserted in Part 7:

55A.   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; 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 relevant gas fitting form that is approved by the Director; and

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

(2)  At the completion of an alteration 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; 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; 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 relevant gas fitting form that is approved by the Director; and

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

14.    Regulation 56 amended (Reporting of gas installation or gas storage system incidents)

Regulation 56 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (1) "person" and substituting "gas fitter";

(b) by inserting in subregulation (1) "or gas storage system" after "gas installation";

(c) by omitting from subregulation (1) "gas entity" and substituting "gas entity or gas supplier";

(d) by inserting in subregulation (1) "or storage system" after "the installation";

(e) by inserting in subregulation (1)(b) "or alterations" after "unapproved modifications";

(f) by inserting in subregulation (1)(b) "or storage system" after "installation";

(g) by inserting in subregulation (1)(b) "or alterations" after "the modifications";

(h) by omitting from subregulation (2) "person" three times occurring and substituting "gas fitter";

(i) by omitting from subregulation (2) "gas entity" and substituting "gas entity or gas supplier";

(j) by omitting from subregulation (3) "gas entity" and substituting "gas entity or gas supplier".

15.    Regulation 58 amended (Clearance of consumer piping)

Regulation 58 of the Principal Regulations is amended by omitting "person" and substituting "gas fitter".

16.    Regulation 62 amended (Special requirements for high–pressure consumer piping)

Regulation 62(1) of the Principal Regulations is amended by omitting "/AG 601".

17.    Part 7A inserted

After regulation 65 of the Principal Regulations , the following Part is inserted:

PART 7A - Automotive Gas Fitting Work

65A.   Interpretation

In this Part –

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

automotive gas fitting qualification means an authority to undertake automotive gas fitting work –

(a) under the Occupational Licensing Act 2005 ; or

(b) under a certificate of competency under the Workplace Health and Safety Regulations 1998 ;

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;

automotive gas fitting work compliance plate means a 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.

65B.   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; and

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

Penalty:  Level 1.

(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:  Level 1.

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

(a) within 10 calendar days after the end of each calendar 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 the calendar month; and

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

Penalty:  Level 1.

65C.   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 the holder of the qualification 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; and

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

Penalty:  Level 1.

(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:  Level 1.

65D.   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:  Level 1.

65E.   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:  Level 1.

18.    Regulation 67 amended (Information on location of gas infrastructure)

Regulation 67 of the Principal Regulations is amended as follows:

(a) by omitting subregulation (1) and substituting the following subregulation:

(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:  Level 2.

(b) by omitting from subregulation (3) "in the immediate" and substituting "within the";

(c) by omitting from subregulation (3) "exact".

19.    Regulations 68 , 69 and 70 inserted

After regulation 67 of the Principal Regulations , the following regulations are inserted in Part 8:

68.   Sale of caravan 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:  Level 1.

69.   Gas fitting work on boat

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

Penalty:  Level 1.

(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.

Penalty:  Level 1.

(3)  In this regulation –

boat includes –

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

(b) a vessel or auxiliary vessel within the meaning of the Marine and Safety (Vessel Safety Standards) By-laws 2000; and

(c) a motor boat or motor propelled tender within the meaning of the Marine and Safety (Motor Boats and Licences) By-laws 2008.

70.   Interstate compliance plates

For the purposes of these regulations, a compliance plate 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 compliance plate for the purposes of these regulations.

20.    Schedule 1 amended (Additional information to be supplied for Type B appliance in gas installation)

Schedule 1 to the Principal Regulations is amended as follows:

(a) by inserting the following item after the heading to Schedule 1 :

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

(b) by omitting from clause 4 "/AG 501";

(c) by omitting from clause 5 "/AG 501";

(d) by omitting from clause 6 "/AG 501";

(e) by inserting the following item after item 8 :

9.   Supporting evidence that the appliance design, manufacture, installation and commissioning conforms to any applicable standards.

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

Notified in the Gazette on 3 October 2009

These regulations are administered in the Department of Infrastructure, Energy and Resources.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Gas (Safety) Regulations 2002 by –

(a) updating the standards and codes that apply in certain circumstances; and

(b) requiring certain gas fitting work to be commissioned; and

(c) updating the requirements for gas installations and gas fitting work; and

(d) making provision for automotive gas fitting work; and

(e) effecting minor statute law revision.