Gas Safety Act 2019

Gas Safety Act 2019

This Act may be cited as the Gas Safety Act 2019.

The provisions of this Act commence on a day or days to be proclaimed.

In this Act, unless the contrary intention appears – accepted safety case means – a certified safety case that has been accepted or provisionally accepted under Part 3; or if a revised safety case has been certified and accepted or provisionally accepted under that Part, that revised safety case; alter, in respect of gas infrastructure, gas installation or a gas storage system, means – to relocate the infrastructure, installation or system, or a component of it; or replace the infrastructure, installation or system, or a component of it, with a different make or model that changes the design or performance characteristics of the infrastructure, installation or system; or adjust the infrastructure, installation or system, or a component of it, to change the design or performance characteristics of the infrastructure, installation or system; appliance means – an assembly, other than a vehicle refuelling appliance, part of which uses gas to produce flame, heat, light, power or special atmosphere; or an appliance that uses gas as a fuel; or equipment or a system declared by the Director to be a gas appliance under section 40 – but does not include anything declared by the regulations not to be an appliance; authorised investigation means an authorised investigation within the meaning of section 75; authorised officer means a person currently appointed as an authorised officer under Part 5; automotive gas fuel system means a gas system that supplies gas as a fuel to an internal combustion engine for the main purpose of propulsion, regardless of whether or not the gas is supplied concurrently with another fuel; biogas means a mixture of gases that is produced by decomposition of organic matter and principally comprises methane and carbon monoxide together with lesser amounts of hydrogen sulphide, water vapour and other gases; certificate of compliance means a certificate referred to in section 37(1)(c) that is in the form required by the regulations;CNG means compressed natural gas; complex gas installation means a gas installation that is not – a standard gas installation; or an automotive gas fuel system; component means – a permanently installed or attached fixture, module, section, element, piece or part of – a gas installation; or a gas storage system; or an appliance; or any other permanently installed or attached fixture, module, section, element, piece or part as is prescribed; or any permanently installed or attached fixture, module, section, element, piece or part declared by the Director to be a component under section 40 – but does not include anything declared by the regulations not to be a component; compressed natural gas means natural gas which has been compressed and stored under pressure in a container but does not include natural gas stored in a pipeline; condition includes a limitation or restriction; contravene includes fail to comply with; convey, in respect of gas, means to transmit, distribute or otherwise convey by pipeline; council means a council within the meaning of the Local Government Act 1993; customer means a person to whom gas is available for supply for consumption in a place, and includes – the occupier for the time being of a place to which gas is supplied for consumption in the place; and a person to whom gas is available for such supply and who seeks such supply; and a person whose supply of gas has been disconnected; determination means a determination issued under section 56;Director means the Director of Gas Safety appointed under section 8; disconnect, in relation to a gas supply, includes interrupt or discontinue the gas supply; distribution means the provision of gas through a distribution system; distribution system means the whole or part of a pipe or a system of pipes and equipment with an operating pressure not exceeding 1050 kPa for use in, or in connection with, the distribution and delivery of gas to persons for consumption, but does not include the following:a transmission pipeline; a system of pipes and equipment – installed in a place for the conveyance and use of gas from a pressurised vessel situated in that place; and not extending to, or connected to, pipes in some other place in separate occupation; pipes or equipment declared by the regulations not to be, or not to form part of, a distribution system; function includes duty; gas means any or all of the following:natural gas; liquefied petroleum gas; compressed natural gas; liquefied natural gas; simulated natural gas; tempered liquefied petroleum gas; biogas; petrochemical feed stock; any other permanent or liquefied gas that is not declared by the regulations to be excluded from the operation of this Act; gas infrastructure means any part of a distribution system, transmission pipeline, or gas pipeline facility, owned or operated by a licensee; gas installation means, in respect of the use or intended use of gas – any pipe or system of pipes for, or incidental to, the conveyance of gas and components or fittings associated with the pipe or system of pipes which are downstream from the gas supply point; or any one or more of the following:any appliance and associated components or fittings; any meter which is downstream from the gas supply point; any means of ventilation or system for the removal of combustion products which is downstream from the gas supply point; any gas storage system as prescribed; gas retailer means a licensee licensed under the Gas Industry Act 2019 to sell gas by retail; gas safety officer means a person appointed under Part 4 as a gas safety officer; gas storage system means a container, tank or cylinder for storing or holding gas and includes all associated pipe work, components, equipment and fittings, but does not include gas infrastructure; gas supplier means – a person who – receives a gas for supply or resale to a consumer in the course of trade or commerce; or supplies gas to a gas storage system that has a container with an individual capacity in excess of 25 litres; or a licensee under the Gas Industry Act 2019; gas supply industry means any of the following:the operation of a distribution system; the operation of a transmission pipeline; the retailing of gas; the supply of gas by a gas supplier; any operation for which a licence is required by the Gas Industry Act 2019; gas supply point means – the outlet of a licensee's meter assembly used to measure a customer's gas use; or if paragraph (a) does not apply, the point of delivery of gas between the gas supplier and the customer; or if paragraphs (a) and (b) do not apply, the point designated by the system designer where there is a specification break between a gas storage system, or gas infrastructure, and the gas installation; or if paragraphs (a), (b) and (c) do not apply, the point determined by the Director; incident means any incident or event relating to the conveyance, supply or use of gas or another regulated substance which causes or has the potential to cause – death or injury to a person; or significant damage to property; or an uncontrolled explosion, fire or discharge of gas or another regulated substance; or an impact on the security of supply; label includes a stamp and mark; land includes – an estate or interest in land (including an easement); and a right or power over, or in respect of, land; licence means a licence granted and in force under the Gas Industry Act 2019; licensee means – the holder of a licence under the Gas Industry Act 2019 authorising the carrying out of a regulated activity; or a person who holds or has held a licence, authorising the carrying out of such an activity, that has been suspended or cancelled or has expired; or the owner of a pipeline facility; liquefied natural gas means a hydrocarbon fluid composed predominantly of methane (CH4) refrigerated to the liquid phase; liquefied petroleum gas means a hydrocarbon composed predominantly of one or more of the following hydrocarbons:propane (C3H8); propene (propylene)(C3H6); butane (C4H10); butane (butylene)(C4H8); maintenance means performing operations to maintain the serviceability of the gas infrastructure, gas installation or gas storage system such as – replacing service-type components such as filters or other consumable components required to maintain gas installation or gas storage system operation; or performing basic appliance tuning adjustments; modify means – the modification of an appliance, with a fixture or component which is different from that which was originally part of the manufactured, certified, registered or approved appliance; or the modification of a Type B appliance accepted by the Director under section 54; or the modification of any other thing as prescribed; natural gas means a substance which – is in a gaseous state at standard temperature and pressure; and consists of naturally occurring hydrocarbons, or a naturally occurring mixture of hydrocarbons and non-hydrocarbons, the principal constituent of which is methane – and includes processed natural gas, but does not include anything declared by the regulations not to be natural gas; occupier, of land or a place, means a person who has, or is entitled to, possession or control of the land or place; operations includes activities; owner of land means – if the land has been alienated from the Crown by the grant of an estate in fee simple or another estate or interest conferring a right to possession of the land, the person who holds the relevant estate or interest; or in any other case, the Regulator or an authority or other person responsible for the management of the land; person includes – any body of persons, corporate or unincorporate; and any government department or other government body; pipeline means – any part of gas infrastructure; and any part of a transmission pipeline; and any part of a pipeline extending to, or connected to pipes in, some other place in separate occupation; pipeline facility means a works used, or intended to be used, to extract, treat or store gas and includes the following:a gas treatment facility; a plant for liquid petroleum separation, treatment or storage; a plant for liquid petroleum gas extraction or storage; a storage tank and a pressurised vessel bunker; a refinery – but does not include a pipeline or gas infrastructure declared by the regulations not to be a pipeline facility; processed natural gas means a natural gas that has been processed to be suitable for consumption, but does not include anything declared by the regulations not to be processed natural gas; protective work, in relation to gas infrastructure, means – work that is necessary or expedient for the protection of the infrastructure or public safety; and excavating land in order to carry out work of the kind referred to in paragraph (a); public land means land owned by – the Crown; or an instrumentality or agent of the Crown; or a council or other local government body; quality, in respect of gas, includes odorisation, purity, temperature, pressure and composition; record includes – a record in the form of a book or document, or in the form of a map; and a record in the form of electronic data; regulated activity means an activity specified in section 4; regulated substance means – gas; and any other substance declared by the regulations to be a substance to which this Act applies; regulations means regulations made and in force under this Act;Regulator means the Tasmanian Economic Regulator appointed under section 9 of the Economic Regulator Act 2009; repair, in relation to gas installations, automotive gas fuel systems and gas storage systems, means – to rectify faults and restore the installation, fuel system or storage system to an acceptable level of operation by removing and replacing (with like for like) worn, damaged or failed components or assemblies (replacement components may be new, used, overhauled or reconditioned); or to rectify faults in the installation, fuel system or storage system by welding, aligning, tightening, securing or adjusting components; or to work on any electrical component associated with the installation, fuel system or storage system control system – but does not include any modification or alteration which removes the installation, fuel system or storage system from its certified form or requires acceptance by the Director under section 54; reviewable decision means any direction, decision or determination under this Act other than a direction, decision or determination declared by this Act not to be reviewable; sell includes – to barter or exchange; and to let on hire; and to advertise for sale or hire; and to offer or expose for sale or hire; standard gas installation means – a gas installation – which contains only Type A appliances; and which is located in residential premises of a prescribed class or on land associated with such premises; or a gas installation – which contains only Type A appliances; and which is located in commercial premises of a prescribed class or on land associated with such premises; and in which the total gas consumption of the appliances does not exceed the relevant prescribed amount per hour; and in which the length of pipe from the gas supply point to the furthest appliance does not exceed the relevant prescribed length; or a gas installation in or on a boat, caravan or any other thing as prescribed by the Director; statement of compliance means a statement referred to in section 37(1)(c) or section 54(4)(c) that is in the form required by the regulations; stationary engine means a gas-fuelled internal combustion engine forming part of a gas installation to which Division 5 of Part 3 applies; supply means the delivery of gas, by means of a distribution system, transmission pipeline, gas storage system or other infrastructure, to a gas supply point; transmission pipeline means – the whole or any part of a pipeline with an operating pressure in excess of 1050kPa for the purpose of conveying a regulated substance from a point at or near the place of its production to any other place; and the whole or any part of a pipeline that forms part of a system of pipelines for that purpose; and tanks, machinery and equipment necessary for, or associated with, the operation of such a pipeline or system of pipelines – but does not include the following:a pipeline located wholly within the site of an industrial plant; a pipeline that forms part of a gas distribution system; a system of pipes and equipment – installed in a place for the conveyance and use of gas from a pressurised vessel situated in that place; and not extending to, or connected to, pipes in some other place in separate occupation; pipes or equipment declared by the regulations not to be, or not to form part of, a transmission pipeline; any part of a pipeline referred to in paragraph (d) or (e) for which a licence is required under the Petroleum (Submerged Lands) Act 1982 of Tasmania or the Petroleum (Submerged Lands) Act 1967 of the Commonwealth; Tribunal means the Tasmanian Civil and Administrative Tribunal;Type A appliance means an appliance (including a reconditioned, second-hand or used appliance) that has been approved by the Director in accordance with Division 4 of Part 3;Type B appliance means an appliance (including a reconditioned, second-hand or used appliance) that – is not a Type A appliance, provided the Type A appliance is used in an application for which it was intended; and has a gas consumption rating in excess of 10 megajoules per hour – and includes any components and fittings of an appliance complying with paragraphs (a) and (b) that are downstream from, and including, the appliance's manual shut-off valve; upgrading, in relation to gas infrastructure, includes the insertion of a new pipe inside any existing pipe that forms part of the infrastructure.

A reference in this Act to gas or another regulated substance extends to a mixture of substances of which gas or another regulated substance is a constituent part.

In this Act, a reference to retailing or to retail – is a reference to the sale of gas by a licensee to a person for consumption, if the gas is to be conveyed (whether or not by the seller) to the person by a pipeline; but does not include an activity declared by the regulations not to be retailing of gas.

For the purposes of this Act, the following are regulated activities:locating, inspecting, testing, operating, maintaining, repairing, altering, adding to, upgrading, replacing, decommissioning or removing gas infrastructure; excavating land in order to carry out work of a kind referred to in paragraph (a); construction of, or alteration to, a pipeline for carrying natural gas or another regulated substance; operating and maintaining a pipeline for carrying natural gas or another regulated substance; construction of, or alteration to, a pipeline facility for processing gas or another regulated substance; operating and maintaining a pipeline facility used for processing gas or another regulated substance; any other activities for which a licence is required under the Gas Industry Act 2019.

In this Act, a reference to a regulated activity includes all operations and activities reasonably necessary for, or incidental to, that activity.

Subject to subsection (2), this Act does not apply to a gas installation, or class of gas installations, used or installed before 17 December 2001.

The regulations may provide that a provision of this Act applies to a gas installation, or class of gas installations, used or installed before 17 December 2001 if the gas installation, or class of gas installations, is modified after that day.

This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

This Act is in addition to, and does not derogate from, the Gas Industry Act 2019, the Work Health and Safety Act 2012 and the Dangerous Goods (Road and Rail Transport) Act 2010.

The Minister is to appoint a State Service officer or State Service employee to be Director of Gas Safety and that officer or employee holds that office in conjunction with State Service employment.

The Director is to perform the functions imposed, and may exercise the powers conferred, on the Director under this Act.

The Director has the following functions:

to monitor and regulate safety and technical standards in respect of gas infrastructure, regulated activities and associated works;

to monitor and regulate safety and technical standards in respect of gas storage systems, gas installations, gas appliances, automotive gas fuel systems and associated works.

The Director may, by instrument in writing, delegate to any person who, in the Director’s opinion, is competent and suitable, the exercise of the powers of the Director under this Act (other than this power of delegation) that are specified in the instrument of delegation.

Notwithstanding any delegation under this section, the Director may continue to exercise all or any of the powers delegated.

The Director may, by written notice, require a person to give the Director, within a reasonable time stated in the notice, information in the person's possession that the Director reasonably requires for the administration of this Act.

A person required to give information under this section must provide the information within the time stated in the notice. Fine not exceeding 100 penalty units.

A person may not be compelled to give information under this section if the information might tend to incriminate the person of an offence.

A requirement under this section is not a relevant decision under Part 6.