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Contents

Long Title

Part I PRELIMINARY

Part II ADMINISTRATION

Part III LICENSING OF ACTIVITIES RELATING TO GAS

Part IV MODIFICATION AND ENFORCEMENT OF GAS LICENCES

Part V GAS TRANSPORTERS

Part VI GAS RETAILERS AND GENERAL PROVISIONS

Part VII GAS NETWORK CODE

Part VIIA CODES OF PRACTICE

Part VIIB CONTROL OF GAS LICENSEES AND ENTITIES WITH INTEREST IN GAS PIPELINE NETWORK

Part VIII SAFETY

Part IX COMPETITION

Part X APPEAL PANEL

Part XI MISCELLANEOUS

Part XII TRANSITIONAL PROVISIONS

Legislative History

 
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On 26/05/2013, you requested for the version in force on 26/05/2013 incorporating all amendments published on or before 26/05/2013. The closest version currently available is that of 14/02/2008.
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Notified escapes of gas
65.
—(1)  Where any gas escapes from any gas pipeline owned by, or under the management or control of a gas transporter, or from any internal pipe, gas fitting or gas appliance used by a consumer to whose premises gas is conveyed by the gas transporter, the gas transporter shall —
(a)
immediately take steps necessary to prevent the gas from escaping (whether by disconnecting any premises or otherwise); and
(b)
take any other steps necessary to avert danger to life or property.
(2)  If a gas transporter —
(a)
fails within a reasonable time to effectively prevent the gas from escaping; or
(b)
fails to comply with subsection (1)(b),
he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part thereof during which the offence continues after conviction.
(3)  In any proceedings for an offence under subsection (2)(a), it shall be a defence for the gas transporter to prove that —
(a)
it was not reasonably practicable for it to effectively prevent the gas from escaping; and
(b)
it did effectively prevent the escape as soon as it was reasonably practicable for him to do so.
(4)  In any proceedings for an offence under subsection (2)(b), it shall be a defence for the gas transporter to prove that it took all such steps to avert danger to life or property as were reasonably practicable.
(5)  It shall be the duty of any gas transporter, gas shipper or gas retailer to take all steps necessary to ensure that, if it is informed by any person (the informant) or otherwise knows of an escape of gas (other than one, in the case of a gas transporter, that it is required by subsection (1) to prevent), it passes the information on, without avoidable delay —
(a)
to a responsible person, that is to say, a person appearing to it —
(i)
to be responsible (whether under this section or otherwise) for preventing the escape; or
(ii)
to be the gas transporter from whose gas pipeline network the gas is escaping; or
(b)
to a person nominated by a responsible person to receive information on his behalf about escaping of gas.
(6)  For the purposes of subsection (5)(b), there shall be sufficient compliance if the gas transporter, gas shipper or gas retailer is reasonably satisfied that the informant has passed on the information, without avoidable delay, to the nominated person.
(7)  For the purposes of subsections (5) and (6), references to the passing on of information to a nominated person are references to the passing on of information to that person in such manner, if any, as may be specified by the responsible person by whom that person was nominated.