Boilers and Pressure Vessels Regulation 1954 (ACT)

Case

Boilers and Pressure Vessels Regulation 1954   

SL1954-12

made under the

Machinery Act 1949

Republication No 6

Effective:  1 March 2011

Republication date: 1 March 2011

Last amendment made by A2011‑3

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Boilers and Pressure Vessels Regulation 1954, made under the Machinery Act 1949 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 March 2011.  It also includes any commencement, amendment, repeal or expiry affecting the republished law to 1 March 2011. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

  • authorised republications to which the Legislation Act 2001 applies

  • unauthorised republications.

    • The status of this republication appears on the bottom of each page.

    Editorial changes

    The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

    This republication does not include amendments made under part 11.3 (see endnote 1).

    Uncommenced provisions and amendments

    If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.

    Modifications

    If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.

    Penalties

    At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

    Boilers and Pressure Vessels Regulation 1954

    made under the

    Machinery Act 1949

    Contents

    Page

    Part 1Preliminary

    1. Name of regulation  2

    2. Dictionary  2

    3. Notes  2

    4. Exemption  2

    Part 2Design and fittings

    Division 2.1                  Boilers

    1. Fittings of boilers  4

    2. Mudleg and blow-down pipe connections  5

    3. Valves on interconnecting pipes  6

    4. Expansion and contraction of interconnecting pipes  6

    5. Internally fired boilers  6

    6. Boilers fired by liquid fuel  6

    7. Boilers set in brickwork  7

    8. Dampers  7

    9. Boilers erected in permanent position to be protected by boiler house      7

    Division 2.2                  Pressure vessels

    1. Fittings of pressure vessels  8

    2. Pressure vessels subjected to pressure by air  9

    Division 2.3                  General

    1. Supporting structures and settings  10

    2. Lagging  10

    3. Pressure reducing valves  11

    4. Grooves to indicate cracking  11

    Part 3Inspection

    1. Boilers and pressure vessels not to be used without certificate of inspection 13

    2. Certificate of inspection  13

    3. Duration of certificate  13

    4. Cancellation or suspension of certificate  14

    5. Certificate to be exhibited  15

    6. Registered number to be on boiler or pressure vessel  15

    7. Power of entry  15

    8. Notice of internal inspection of boilers and pressure vessels               16

    9. Duties of owner on internal inspection  16

    10. Inspector may call in aid  17

    11. Defects not to be concealed from inspector  17

    12. Holes may be drilled  17

    13. Notice to cease to use or to repair  17

    14. Appeal against notice  18

    Part 5Miscellaneous

    1. Testing of boilers and pressure vessels  20

    2. Notice to be given if boiler or pressure vessel disposed of                  21

    3. Notice to be given of accident causing damage, death or injury            21

    4. Boiler or pressure vessel not to be used unless in safe working condition 22

    5. Interference with boiler or pressure vessel  22

    6. Disfiguring registered number  22

    7. False representation  22

    8. Penalty  23

    Dictionary24

    Endnotes

    1. About the endnotes  26

    2. Abbreviation key  26

    3. Legislation history  27

    4. Amendment history  28

    5. Earlier republications  32

    Boilers and Pressure Vessels Regulation 1954

    made under the

    Machinery Act 1949

    Part 1Preliminary

    1. Name of regulation

      This regulation is the Boilers and Pressure Vessels Regulation 1954.

    2. Dictionary

      The dictionary at the end of this regulation is part of this regulation.

      Note 1The dictionary at the end of this regulation defines certain terms used in this regulation.

      Note 2A definition in the dictionary applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

    3. Notes

      A note included in this regulation is explanatory and is not part of this regulation.

      NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

    4. Exemption

      (1)This regulation does not apply to—

      (a)a boiler or pressure vessel used or operated by or on behalf of the Australian National Railways Commission; or

      (b)a boiler or pressure vessel being, or forming part of, the propelling machinery of a boat, ship or vessel; or

      (c)an aluminium beer keg of a capacity not exceeding 13.65L, a domestic hot water tank or a domestic pressure cooker, being of a type approved in writing by the Minister; or

      (d)a boiler or pressure vessel in relation to which a certificate of exemption under subsection (2) is in force.

      (2)If the Minister considers that a certificate under this subsection may be granted without endangering lives or property, the Minister may grant to an operator of a boiler or pressure vessel a certificate exempting the boiler or pressure vessel from the application of this regulation subject to the conditions that are specified in the certificate.

    f


    Part 2Design and fittings

    Division 2.1               Boilers

    1. Fittings of boilers

      (1)A boiler must not be used or operated unless it has fitted or attached to it—

      (a)2 or more efficient safety valves in accordance with the following requirements:

      (i)1 of the safety valves must be covered over and sealed and fitted with lifting gear that enables the valve to be eased off its seat at any time;

      (ii)the safety valves must be of the direct spring-loaded type, except that 1 may be of the lever type;

      (iii)the seats or discs of the safety valves must not be made of cast iron;

      (iv)each safety valve must be of sufficient area so that the pressure in the boiler cannot exceed by more than 1/10 the maximum allowable working pressure during a test under the maximum firing conditions of the boiler with the stop valves shut and the feed water shut off;

      (v)each safety valve must be separate from any stop valve; and

      (b)an efficient stop valve connecting the boiler to any steam outlet pipe other than a saturated steampipe to a superheater; and

      (c)2 efficient glass water gauges that are—

      (i)placed so that the water level is clearly visible to the boiler attendant from the attendant’s normal working position; and

      (ii)fitted with a guard to prevent injury to a person in the vicinity of the boiler if the gauge glass breaks; and

      (iii)separately connected to the shell of the boiler; and

      (d)an efficient steam pressure gauge connected to the steam space that—

      (i)indicates the pressure of steam in the boiler in kPa; and

      (ii)will indicate pressures up to 11/2 times the maximum allowable working pressure of the boiler; and

      (iii)has marked on it by means of a red line the maximum allowable working pressure of the boiler; and

      (iv)is placed so that it is clearly visible to the boiler attendant from the attendant’s normal working position; and

      (e)an efficient feed-check valve; and

      (f)an efficient blow-down cock or valve; and

      (g)any other equipment that an inspector directs in writing be fitted or attached to the boiler.

      (2)A boiler that has less than 9m2 of heating surface—

      (a)is taken to be in accordance with the requirements of subsection (1) (a) if it is fitted with 1 safety valve of the direct spring-loaded type in accordance with that paragraph; and

      (b)is taken to be in accordance with the requirements of subsection (1) (c) if it is fitted with 1 efficient glass water gauge in accordance with subsection (1) (c) (i) and (ii) and with 2 efficient test cocks.

    2. Mudleg and blow-down pipe connections

      A boiler must not be used or operated unless mudleg and blow down pipe connections are protected by brickwork or other fire-resisting material.

    3. Valves on interconnecting pipes

      If 2 or more boilers are connected to the same steam main, none of the boilers must be used or operated unless the outlet pipe from each boiler is fitted with—

      (a)an efficient self-closing stop valve; or

      (b)an efficient valve of the combined stop and non-return type; or

      (c)an efficient stop valve having a separate non-return valve fitted to its outlet.

    4. Expansion and contraction of interconnecting pipes

      If 2 or more boilers are arranged to work in conjunction, none of the boilers must be used or operated unless the connecting pipes are constructed to allow for expansion and contraction.

    5. Internally fired boilers

      An internally fired boiler must not be used or operated unless—

      (a)it is fitted with a fusible plug; and

      (b)if an ash pan is fitted—both the ash pan and the fire bar bearers are removable to allow the thorough examination of the fire boxes and tubes.

    6. Boilers fired by liquid fuel

      If a boiler is fired by liquid fuel, it must not be used or operated unless—

      (a)the liquid fuel equipment is constructed so that the liquid supply to a burner must be shut off before the burner can be removed; and

      (b)the furnace is constructed so that liquid fuel will not accumulate at the bottom of the furnace.

    7. Boilers set in brickwork

      A boiler set in brickwork must not be used or operated unless—

      (a)it is fitted with hinged doors without a catch or fastening that close by gravity and have a clear opening of not less than 1/2 the area of the outlet damper opening to provide relief from explosion; and

      (b)firebrick used in contact with the boiler is bonded with fireclay or other similar refractory material.

    8. Dampers

      If a boiler fired by oil, gas or pulverised fuel has outlet dampers, the boiler must not be used or operated unless—

      (a)the dampers are capable of being locked open to an extent that gas does not accumulate; and

      (b)if the dampers entirely close the chimney or flues—they are effectively interlocked with the burner equipment in a way that the burners will not operate unless the dampers are open; and

      (c)if other boilers are connected to the same system of flues—the dampers are arranged so that the boiler may be isolated.

    9. Boilers erected in permanent position to be protected by boiler house

      A boiler erected in a permanent position must not be used or operated unless it is protected from the weather by a boiler house that is in accordance with the following requirements:

      (a)the illumination in the boiler house when the boiler is used or operated must be—

      (i)not less than 54 lumens per m2 at any point; and

      (ii)arranged so that the gauges on the boiler are clearly visible to the boiler attendant from the attendant’s normal working position; and

      (b)if liquid fuel is used—the floor of the boiler house must be—

      (i)impervious to the liquid fuel; and

      (ii)graded so that the liquid fuel does not accumulate on it; and

      (c)if the boiler house is fitted with doors—the doors must be of the swing type and open outwards; and

      (d)if the chief inspector directs in writing—

      (i)exits must be provided from the boiler house in the places that the chief inspector considers necessary to allow people to escape if an accident happens; and

      (ii)flameproof lighting equipment, fittings and lamps must be used.

    Division 2.2               Pressure vessels

    1. Fittings of pressure vessels

      (1)An inspector may, by written notice to the operator of a pressure vessel, direct that there be fitted or attached to the pressure vessel the devices to indicate, control or relieve pressure that the inspector considers necessary.

      NoteFor how documents may be served, see the Legislation Act, pt 19.5.

      (2)If a direction has been given under subsection (1) in relation to a pressure vessel, the pressure vessel must not be used or operated unless the devices are fitted or attached to it in a way approved by an inspector.

    2. Pressure vessels subjected to pressure by air

      A pressure vessel subjected to pressure by air must not be used or operated unless it has fitted or attached to it—

      (a)a safety valve (which may be the valve mentioned in paragraph (b)) covered over and sealed and fitted with lifting gear that enables the valve to be eased off its seat at any time; and

      (b)at least 1 efficient direct spring-loaded safety valve, the seat or disc of which is not of cast iron, and that is of sufficient area that it is impossible for the pressure in the pressure vessel to exceed—

      (i)if the maximum allowable working pressure is less than 689kPa—the maximum allowable working pressure plus 1/10 of the maximum allowable working pressure; and

      (ii)if the maximum allowable working pressure is 689kPa or more—the maximum allowable working pressure plus 68kPa; and

      (c)an efficient pressure gauge that—

      (i)indicates the pressure in the pressure vessel in kilopascals; and

      (ii)will indicate pressures up to 11/2 times the maximum allowable working pressure of the pressure vessel; and

      (iii)has marked on it by means of a red line the maximum allowable working pressure of the pressure vessel; and

      (iv)is placed to be readily visible to a person supervising the operating of the pressure vessel; and

      (d)a cock or valve for draining the pressure vessel; and

      (e)accessholes or handholes or other means of access to allow the whole of the interior of the pressure vessel to be cleaned and inspected.

    Division 2.3               General

    1. Supporting structures and settings

      A boiler or pressure vessel must not be used or operated unless the supporting structure and setting—

      (a)is effectively protected and insulated from furnace heat by brickwork or other means; and

      (b)is effectively protected from drainage from roofs, steampipes and other sources; and

      (c)is on foundations that are firm and effectively drained; and

      (d)is constructed to provide means to enable the thorough and safe inspection of every part of the boiler or pressure vessel and not to obstruct an opening for ingress to the boiler or pressure vessel; and

      (e)for a boiler—includes a door or doors giving access to the boiler, each having a minimum area of 1 240cm2 and a least dimension in any 1 direction of not less than 250mm, and firebox doors providing a clear opening of not less than 380mm by 250mm if the firebox doors are the only means or access to the firebox.

    2. Lagging

      A boiler or pressure vessel must not be used or operated if the lagging—

      (a)consists of building bricks or firebricks; or

      (b)is heat conducting; or

      (c)is of such a nature as not to indicate the presence of leaks.

    3. Pressure reducing valves

      (1)This section applies if the maximum allowable working pressure of a boiler or pressure vessel (the first unit) is higher than the maximum allowable working pressure of a boiler or pressure vessel to which it is connected (the second unit).

      (2)The first unit may be used or operated only if there is fitted between the first and second unit an efficient pressure reducing valve with a safety valve and pressure gauge between the pressure reducing valve and the second unit.

    4. Grooves to indicate cracking

      (1)When lap riveted or lap welded construction is used on the longitudinal joints of a boiler or pressure vessel the boiler or pressure vessel must not be used or operated unless grooves are cut in the outside plate to give positive indication of cracking, scoring or corrosion of the plate adjacent to the inside edge of the joints, in accordance with requirements of this section.

      (2)The grooves must be—

      (a)cut at right angles to, and immediately over, the inside edge of each joint; and

      (b)approximately equidistant from each other and not more than 600mm apart; and

      (c)not less than 5 nor more than 7mm wide; and

      (d)cut to a depth of 1/2 the plate thickness; and

      (e)cut from the outer line of rivet holes or the outer weld line, as the case may be, to a point 11/2 times the plate thickness beyond the edge of the joint; and

      (f)accessible for inspection at any time.

      (3)Each lap joint must have at least 3 grooves.

      (4)One groove must be located approximately at the centre of the plate length.

    Part 3Inspection

    1. Boilers and pressure vessels not to be used without certificate of inspection

      A boiler or pressure vessel must not be used or operated unless there is a certificate of inspection in force in relation to the boiler or pressure vessel.

    2. Certificate of inspection

      (1)When an inspector has inspected a boiler or pressure vessel and is satisfied that it is in good repair and may be safely used or operated, the chief inspector may—

      (a)issue to the operator a certificate of inspection; and

      (b)for the issue of a first certificate of inspection under this regulation—allot a registered number to the boiler or pressure vessel.

      (2)A certificate of inspection must state the maximum allowable working pressure of the boiler or pressure vessel to which it relates.

      (3)For a boiler if the part in which steam is generated is constructed of cast iron, the maximum allowable working pressure must not be more than 100 kilopascals.

    3. Duration of certificate

      (1)Subject to this section and section 26, a certificate of inspection of a boiler or pressure vessel remains in force for 12 months from the date of the inspection to which it relates.

      (2)If the chief inspector is satisfied that a new inspection of a boiler or pressure vessel cannot be made within the period for which its certificate of inspection is in force under subsection (1), the certificate of inspection remains in force for the further period or periods not longer than in the whole 3 months that the chief inspector, by signed writing, directs.

      (3)A certificate of inspection of—

      (a)a fumigating unit of the knapsack type in which pressure is generated by a handpump; or

      (b)a vessel used for spray painting if the maximum allowable working pressure does not exceed 200kPa;

      remains in force until it is cancelled or suspended or it ceases to have effect under section 26.

    4. Cancellation or suspension of certificate

      (1)If the chief inspector considers it necessary in the interests of safety to do so, the chief inspector may at any time cancel or suspend the certificate of inspection of a boiler or pressure vessel.

      (2)A certificate of inspection of a boiler or pressure vessel ceases to have effect if—

      (a)while the certificate of inspection is in force a material alteration, addition or repair is made to the boiler or pressure vessel without the written approval of an inspector; or

      (b)the boiler or pressure vessel is sold or in any other way absolutely disposed of, or dismantled.

    1. Certificate to be exhibited

      The operator of a boiler or pressure vessel must—

      (a)within 14 days after the issue of a certificate of inspection in relation to the boiler or pressure vessel, place the certificate of inspection under glass or other transparent material in some conspicuous dry place where it can be seen and read by everyone working at or in connection with the boiler or pressure vessel; and

      (b)ensure the certificate of inspection remains in that place while it is in force.

    2. Registered number to be on boiler or pressure vessel

      (1)On the issue of the first certificate of inspection in relation to a boiler or pressure vessel under this regulation an inspector must —

      (a)stamp on the boiler or pressure vessel; or

      (b)attach to the boiler or pressure vessel a metal plate on which is stamped;

      the registered number of the boiler or pressure vessel.

      (2)The operator must ensure the registered number is kept clean and distinct.

    3. Power of entry

      (1)Subject for an internal inspection to section 30, an inspector may, at any time, enter into or on premises for the purpose of inspecting or examining a boiler or pressure vessel on the premises.

      (2)The entry may be made between sunset and sunrise only when the boiler or pressure vessel is in operation.

    4. Notice of internal inspection of boilers and pressure vessels

      An inspector who intends to carry out an internal inspection of a boiler or pressure vessel otherwise than in accordance with a request by the operator must give the operator 14 days written notice of the time when the inspector intends to make the inspection.

    5. Duties of owner on internal inspection

      For the purpose of the internal inspection of a boiler or pressure vessel, the operator must —

      (a)before the time fixed for the inspection—

      (i)ensure the boiler or pressure vessel is emptied and cooled to the temperature that the inspector directs and cleaned and dried; and

      (ii)if required by the inspector, have all accesshole doors, covers and caps removed, all tubes withdrawn, and all furnace bars and bricks, and stone or other bridges removed; and

      (iii)ensure all furnaces, flues, fire tubes, smoke boxes and uptakes are swept clean; and

      (iv)if required by the inspector, remove any casing or lagging; and

      (b)during the inspection—

      (i)keep the boiler or pressure vessel effectively isolated from any steam, water, oil, gas or electrical connection from any source; and

      (ii)do the other things and render the assistance that the inspector requires to enable the inspector to make an efficient inspection.

    6. Inspector may call in aid

      (1)While on premises for the purposes of an inspection an inspector may require a person employed or working on the premises to assist the inspector, and may require the operator to explain the working of the boiler or pressure vessel being inspected and to answer questions about compliance with this regulation.

      (2)A person must comply with a requirement made of the person under subsection (1).

    7. Defects not to be concealed from inspector

      A person must not conceal from an inspector any defect, bad workmanship or defective fittings in or in connection with a boiler or pressure vessel.

    8. Holes may be drilled

      (1)For the purposes of an inspection an inspector may drill, or, if an inspector directs, the operator must drill, in or through a boiler or pressure vessel the holes that the inspector considers necessary to test the thickness of the plates of the boiler or pressure vessel.

      (2)If holes have been drilled under subsection (1), the operator must afterwards plug the holes to the satisfaction of the inspector.

    9. Notice to cease to use or to repair

      (1)If it appears to an inspector on inspection of a boiler or pressure vessel—

      (a)that it is not in a safe working condition; or

      (b)that it can be worked safely only at a pressure lower than the maximum allowable working pressure; or

      (c)that it is not adequately protected from corrosion; or

      (d)that its supporting structure or setting requires strengthening or alteration; or

      (e)for a boiler—that it is not adequately protected from the weather;

      the inspector may serve a written notice on the operator requiring the operator—

      (f)to not use or operate the boiler or pressure vessel; or

      (g)to not use or operate the boiler or pressure vessel until the alterations, additions or repairs stated in the notice have been effected to the satisfaction of an inspector; or

      (h)to not use or operate the boiler or pressure vessel at a pressure greater than that stated in the notice; or

      (i)to not operate the boiler or pressure vessel at a pressure greater than that stated in the notice until the alterations, additions or repairs stated in the notice have been effected to the satisfaction of an inspector.

      NoteFor how documents may be served, see the Legislation Act, pt 19.5.

      (2)Subject to section 36, an operator must—

      (a)comply with the requirements of a notice served on the operator under this section; and

      (b)take the measures that are necessary to prevent any other person from doing anything in relation to the boiler or pressure vessel that, under the notice, the operator is required to refrain from doing.

    10. Appeal against notice

      (1)An operator may, within 7 days after service on the operator of a notice under section 35, appeal to the Minister in writing against a requirement contained in the notice.

      (2)The Minister may allow or refuse an appeal under subsection (1) or may vary the requirement against which the appeal was made.

      (3)If the Minister varies the requirement, the operator must comply with the requirement as varied by the Minister.

    Part 5Miscellaneous

    1. Testing of boilers and pressure vessels

      (1)The operator of a boiler or pressure vessel must give the chief inspector written notice of the following events as soon as possible after the event happens:

      (a)the boiler or pressure vessel is placed in operation for the first time;

      (b)the boiler or pressure vessel is re-erected in a new permanent position;

      (c)the boiler or pressure vessel is altered or repaired.

      (2)If an inspector by written notice requires, the operator of a boiler or pressure vessel must hydrostatically test the boiler or pressure vessel at a time and in the way directed by the inspector.

      NoteFor how documents may be served, see the Legislation Act, pt 19.5.

      (3)A person must not test a seam, joint, fitting or other part of a boiler or pressure vessel for pressure tightness by a means other than water pressure without the written permission of the chief inspector under subsection (4).

      (4)The chief inspector may give written permission for the testing of a seam, joint, fitting or other part of a boiler or pressure vessel for pressure tightness by a means other than water pressure if the chief inspector is satisfied that the testing can be safely carried out by that other method.

      (5)The operator of a boiler or pressure vessel that is tested under this section must immediately give the chief inspector written notice of the results of the test.

    2. Notice to be given if boiler or pressure vessel disposed of

      (1)If a person sells or in any other way absolutely disposes of, or lets on hire or lends a boiler or pressure vessel, or returns a boiler or pressure vessel after a hiring or borrowing, the person must give written notice to the chief inspector.

      NoteFor how documents may be served, see the Legislation Act, pt 19.5.

      (2)A notice under subsection (1) must be given within 7 days after the sale or other disposition, letting, hiring or return, and must state the registered number (if any) of the boiler or pressure vessel and the name, address and occupation of the person to whom it was sold or otherwise disposed of, let, hired or returned.

    3. Notice to be given of accident causing damage, death or injury

      (1)If, as the result of an accident to, affecting or caused by a boiler or pressure vessel—

      (a)the boiler or pressure vessel is damaged; or

      (b)a person is killed or sustains an injury that is likely to incapacitate the person for more than 48 hours;

      the operator must, within 24 hours after the accident, give written notice of the damage, death or injury to the chief inspector.

      (2)A person must not, without the consent of an inspector, move or interfere with, or with a part of—

      (a)a boiler or pressure vessel involved in an accident of which notice is required to be given under subsection (1); or

      (b)an object, article or thing affected or damaged as a result of such an accident;

      unless that movement or interference is necessary to aid or relieve a person involved in the accident or to prevent further injury to any person or property.

    4. Boiler or pressure vessel not to be used unless in safe working condition

      (1)An operator must not use or operate the operator’s boiler or pressure vessel unless it is maintained in a safe working condition and the fittings are in correct adjustment.

      (2)If an operator has reason to believe that the operator’s boiler or pressure vessel is in a condition in which it may not be used or operated without endangering lives or property, the operator must—

      (a)immediately notify the chief inspector in writing; and

      (b)not use or operate the boiler or pressure vessel until permitted to do so by the chief inspector.

    5. Interference with boiler or pressure vessel

      A person must not, except for the purposes of tests or trials—

      (a)use or operate a boiler or pressure vessel at a pressure greater than its maximum allowable working pressure; or

      (b)do anything to increase or tend to increase the pressure in a boiler or pressure vessel beyond the maximum allowable working pressure of the boiler or pressure vessel; or

      (c)tamper with a boiler or pressure vessel so as to interfere with its proper efficiency.

    6. Disfiguring registered number

      A person must not, without the written permission of the chief inspector, disfigure, destroy or conceal a registered number stamped on or attached to a boiler or pressure vessel.

    7. False representation

      A person must not make a false representation in connection with the issue of a certificate of inspection.

    8. Penalty

      A person must not—

      (a)use or operate a boiler or pressure vessel in contravention of this regulation; or

      (b)wilfully impede an inspector in the execution of his or her duty; or

      (c)contravene a provision of this regulation that applies to the person.

      Maximum penalty:  $100.


    Dictionary

    (see s 2)

    Note 1The Legislation Act contains definitions and other provisions relevant to this regulation.

    Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

    ·     document

    ·     Minister (see s 162)

    ·     person.

    Note 3Terms used in this regulation have the same meaning that they have in the Machinery Act 1949 (see Legislation Act, s 148). For example, the following terms are defined in the Machinery Act 1949, dict:

    ·     chief inspector

    ·     inspector

    ·     machinery.

    boiler means a closed vessel in which steam is or can be generated at a pressure greater than that of the atmosphere, and includes any plant, apparatus or appliance fitted to, or used in connection with, such a vessel.

    boiler attendant means a person engaged in firing or controlling the feed water to a boiler.

    boiler house includes boiler room.

    certificate of inspection means a certificate issued under part 3.

    maximum allowable working pressure, in relation to a boiler or pressure vessel, means the maximum allowable working pressure specified in the certificate of inspection for the time being in force in relation to the boiler or pressure vessel.

    operate includes cause or permit to be operated.

    operator means the owner or other person having the management and control of a boiler or pressure vessel.

    premises means—

    (a)a house, building, structure, yard, mine, timber area, farm, paddock, field, road or place; or

    (b)a boat, ship or vessel, not propelled by its own motive power.

    pressure vessel means a closed vessel that is subjected to pressure (including pressure due to a static head) by liquids, vapours or air or other gases, other than a closed vessel heated by fire or the products of combustion or by electrical means or a cylinder for the storage and transport of compressed gases, and includes any plant, apparatus or appliance fitted to, or used in connection with the raising of pressure in, such a vessel.

    registered number means the number allotted to a boiler or pressure vessel under section 24.

    use includes cause or permit to be used.

    Endnotes

    1. About the endnotes

      Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

      Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

      Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

      If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

      The endnotes also include a table of earlier republications.

    2. Abbreviation key

    A = Act NI = Notifiable instrument
    AF = Approved form o = order
    am = amended om = omitted/repealed
    amdt = amendment ord = ordinance
    AR = Assembly resolution orig = original
    ch = chapter par = paragraph/subparagraph
    CN = Commencement notice pres = present
    def = definition prev = previous
    DI = Disallowable instrument (prev...) = previously
    dict = dictionary pt = part
    disallowed = disallowed by the Legislative r = rule/subrule
    Assembly reloc = relocated
    div = division renum = renumbered
    exp = expires/expired R[X] = Republication No
    Gaz = gazette RI = reissue
    hdg = heading s = section/subsection
    IA = Interpretation Act 1967 sch = schedule
    ins = inserted/added sdiv = subdivision
    LA = Legislation Act 2001 SL = Subordinate law
    LR = legislation register sub = substituted
    LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
    mod = modified/modification or to be expired

    1. Legislation history

      This regulation was originally called the Boilers and Pressure Vessels Regulations and was originally made under a Commonwealth ordinance—the Machinery Ordinance 1949 No 11 (Cwlth).

      The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT, and the regulations made under them, into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. The Machinery Ordinance 1949 and the Boilers and Pressure Vessels Regulations were converted into ACT enactments on 11 May 1989 (self-government day).

      As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989‑21, s 5 on 11 May 1989 (self-government day).

      This regulation was renamed under the Legislation Act 2001.

      Before 12 September 2001, regulations commenced on their notification day unless otherwise stated (see Interpretation Ordinance 1937 s 16, Interpretation Act 1967 s 50, Subordinate Laws Act 1989 s 6).

      Legislation before becoming Territory enactment

      Boilers and Pressure Vessels Regulation 1954 SL1954‑12

      notified 26 August 1954
      commenced 15 March 1955 (s 2 and Cwlth Gaz 1955 p 510)

      as amended by

      Amendments of the Boilers and Pressure Vessels Regulations SL1959‑17

      notified 31 December 1959
      commenced 31 December 1959

      Regulations to repeal certain Regulations and to revise certain Regulations in force under the Ordinances of the Australian Capital Territory SL1980-3 (as am SL1980‑14)

      notified 25 March 1980
      commenced 25 March 1980

      Regulations to amend Regulations 1980 No 3 SL1980-14

      notified 9 October 1980
      commenced 19 October 1980

      Boilers and Pressure Vessels Regulations (Amendment) SL1982-33

      notified 18 August 1982
      commenced 18 August 1982

      Boilers and Pressure Vessels Regulations (Amendment) SL1983-11

      notified 30 September 1983
      commenced 1 October 1983 (s 1)

      Legislation after becoming Territory enactment

      Statutory Offices (Miscellaneous Provisions) Act 1994 A1994‑97 sch pt 2

      notified 15 December 1994 (Gaz 1994 No S280)
      s 1, s 2 commenced 15 December 1994 (s 2 (1))
      sch pt 2 commenced 15 December 1994 (s 2 (2) and Gaz 1994 No S293)

      Occupational Health and Safety Legislation Regulations Amendment SL2000-47 pt 2

      notified 30 November 2000 (Gaz 2000 No 48)
      commenced 30 November 2000 (s 1)

      Legislation (Consequential Amendments) Act 2001 A2001‑44 pt 235

      notified 26 July 2001 (Gaz 2001 No 30)
      s 1, s 2 commenced 26 July 2001 (IA s 10B)
      pt 235 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

      Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.12

      notified LR 22 March 2007
      s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
      sch 3 pt 3.12 commenced 12 April 2007 (s 2 (1))

      Statute Law Amendment Act 2011 A2011-3 sch 3 pt 3.4

      notified LR 22 February 2011
      s 1, s 2 commenced 22 February 2011 (LA s 75 (1))

      sch 3 pt 3.4 commenced 1 March 2011 (s 2)

    2. Amendment history

      Name of regulation

      s 1sub SL2000‑47 s 3

      am R4 LA

      Dictionary

      s 2sub SL2000‑47 s 3

      am A2001‑44 amdt 1.2740

      Notes

      s 3om SL1980‑3

      ins A2007‑3 amdt 3.53

      Repeal

      s 4om SL2000‑47 s 3

      Interpretation

      s 5am SL1959‑17; A1994‑97; SL2000‑47 s 4

      defs reloc to dict SL2000‑47 s 5

      om SL2000‑47 s 6

      Exemption

      s 6am SL1980‑3; A2011‑3 amdt 3.49

      Boilers

      div 2.1 hdg(prev pt 2 div 1 hdg) renum R3 LA

      Fittings of boilers

      s 7am SL1975‑8; SL1980‑3; A2011‑3 amdt 3.50, amdt 3.51

      Valves on interconnecting pipes

      s 9am SL1980‑3 (as am SL1980‑14)

      Expansion and contraction of interconnecting pipes

      s 10am SL1980‑3 (as am SL1980‑14)

      Internally fired boilers

      s 11am A2011‑3 amdt 3.52

      Boilers fired by liquid fuel

      s 12am A2011‑3 amdt 3.53

      Dampers

      s 14am A2011‑3 amdt 3.54, amdt 3.55

      Boilers erected in permanent position to be protected by boiler house

      s 15am SL1975‑8; A2011‑3 amdt 3.56, amdt 3.57

      Pressure vessels

      div 2.2 hdg(prev pt 2 div 1 hdg) renum R3 LA

      Fittings of pressure vessels

      s 16am A2007‑3 amdt 3.54; A2011‑3 amdt 3.58

      Pressure vessels subjected to pressure by air

      s 17am SL1975‑8; SL1980‑3 (as am SL1980‑14)

      Supporting structures and settings

      s 18am SL1975‑8

      General

      div 2.3 hdg(prev pt 2 div 3 hdg) renum R3 LA

      Pressure reducing valves

      s 20sub A2011‑3 amdt 3.59

      Grooves to indicate cracking

      s 21am SL1975‑8; SL1980‑3

      Boilers and pressure vessels not to be used without certificate of inspection

      s 22am SL1959‑17

      Application for inspection

      s 23am SL1975‑8; SL1983‑11

      om A2001‑44 amdt 1.2741

      Certificate of inspection

      s 24am SL1959‑17; SL1975‑8; SL1983‑11

      Duration of certificate

      s 25am SL1975‑8; SL1980‑3; A2011‑3 amdt 3.60

      Certificate to be exhibited

      s 27am SL1980‑3; A2011‑3 amdt 3.61

      Notice of internal inspection of boilers and pressure vessels

      s 30am SL1980‑3

      Holes may be drilled

      s 34am A2011‑3 amdt 3.62

      Notice to cease to use or to repair

      s 35am A2007‑3 amdt 3.54; A2011‑3 amdt 3.63, amdt 3.64

      Appeal against notice

      s 36am SL1980‑3 (as am SL1980‑14)

      Boiler attendants

      pt 4 hdgom SL2000‑47 s 7

      Persons not to act as boiler attendants of certain boilers without boiler attendant’s certificate or written permission

      s 37am SL1975‑8

      om SL2000‑47 s 7

      Application for boiler attendant’s certificate

      s 38om SL2000‑47 s 7

      Issue of boiler attendant’s certificate

      s 39am SL1959‑17; SL1980‑3 (as am SL1980‑14); SL1982‑33; SL1983‑11

      om SL2000‑47 s 7

      Cancellation or suspension of certificate

      s 40am SL1980‑3 (as am SL1980‑14)

      om SL2000‑47 s 7

      Appeal against certificate or suspension

      s 41am SL1980‑3

      om SL2000‑47 s 7

      Testing of boilers and pressure vessels

      s 42am A2007‑3 amdt 3.54; A2011‑3 amdts 3.65-3.67

      Notice to be given if boiler or pressure vessel disposed of

      s 43am SL1980‑3; A2007‑3 amdt 3.54; A2011‑3 amdt 3.68, amdt 3.69

      Notice to be given of accident causing damage, death or injury

      s 44am SL1980‑3; A2011‑3 amdt 3.70

      Boiler or pressure vessel not to be used unless in safe working condition

      s 45am A2011‑3 amdts 3.71-3.73

      False representation

      s 48sub SL2000‑47 s 8

      Service of documents

      s 49am SL1980‑3

      om A2007‑3 amdt 3.55

      Penalty

      s 50am SL1980‑3; A2011‑3 amdt 3.74

      hdg to schom SL1980‑3

      1st schom SL1959‑17

      2nd schom SL1975‑8

      schins SL1975‑8

      sub SL1982‑33

      om SL1983‑11

      Dictionary

      dictins SL2000‑47 s 8

      defs reloc from s 5 SL2000‑47 s 5

      am A2007‑3 amdt 3.56

      def chief inspector om A2007‑3 amdt 3.57

      def inspector om A2007‑3 amdt 3.57

      def the Act om A2001‑44 amdt 1.2742

    1. Earlier republications

      Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

      Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

    Republication No Amendments to Republication date
    1 SL1983‑11 31 October 1991
    2 A1994‑97 31 August 1999
    3 A2001‑44 23 August 2002
    4 A2001‑44 3 November 2004
    5 A2007‑3 12 April 2007
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