Heating standard of gas to be approved
8 Heating standard of gas to be approved
Subject to the provisions of subsection (5), an undertaker shall not, after the coming into operation of this Act, distribute gas unless he has first obtained the written approval of the Minister of the minimum standard of heating value of the gas to be distributed by that undertaker.
Penalty: $250 000.
Subject to section 9, the Minister may upon application by an undertaker approve any alteration of the minimum standard of heating value of gas previously approved or deemed to have been approved pursuant to subsection (1).
The Minister may approve different minimum standards of heating values in respect of the type of gas distributed by an undertaker in different areas.
Any approval given by the Minister pursuant to this section may be given subject to such conditions as the Minister determines, and notice of any approval so given shall be published in the Government Gazette.
Where on the day immediately preceding the date of the coming into operation of this Act, an undertaker was supplying gas, the declared standard under the Gas (Standards) Act 1947 1 of the undertaker on that day shall be deemed to be the minimum standard of heating value approved for that undertaker under subsection (1), until that standard is altered in accordance with subsection (2).
An undertaker who has been directed under section 10 to keep a continuous record of the heating value of gas supplied by him, shall not supply gas of which the average heating value, measured in accordance with subsection (7) over any continuous period of 28 days, is less by more than 1% than the minimum standard of heating value for the time being approved under this section in respect of the gas.
Penalty: For a first offence, $40 000 and for a second or subsequent offence, $250 000.
For the purposes of subsection (6), the average heating value of gas supplied by an undertaker over any period of 28 days shall be measured by obtaining the aggregate of the mean heating values of gas supplied in each period of one hour during that period of 28 days, and dividing the aggregate so obtained by 672.
Where —
an undertaker has not been directed under section 10 to keep a continuous record of the heating value of gas supplied by him; and
the average heating value of gas supplied by that undertaker, as ascertained by the taking of 3 tests of that gas during any period of 2 hours, is less by more than 1% than the minimum standard of heating value for the time being approved under this section in respect of that gas,
the undertaker is guilty of an offence.
Penalty: For a first offence, $20 000 and for a second or subsequent offence, $250 000.
[Section 8 amended: No. 87 of 1979 s. 6; No. 63 of 1985 s. 5; No. 5 of 2007 s. 23.]
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