Gas Act Amendment Act 1971 (Qld)

50 Qualtsfitubr ANNO VICESIMO ELIZABETHAE SECUNDAE REGINAE No. 5 of 1971 An Act To Amend The Gas Acts 1965 to 1967 in certain particulars [AssENTm To 14TH APRIL, 1971] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Gas Act Amendment Act 1971. (2) The Gas Act of 1965 as subsequently amended is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Gas Act1965-1971.

Gas Act Amendment Act 1971, No. 5 51 2. Amendment of s. 2 . Section 2 of the Principal Act is amended by, in subsections (4) and (5), omitting the word " twenty-five " and inserting in its stead in each case the expression " 40A ". 3. Amendment of s. 3. Section 3 of the Principal Act is amended by inserting after the words " PART VI-NATURAL GAS;" the words " PART VIA INSUFFICIENCY OF SUPPLY OF GAS;". 4. Amendment of s. 5 . Section 5 of the Principal Act is amended by, in subsection (1), adding to the meaning of the term "Area ", after the word " franchise ", the words " which is for the time being subsisting ". 5. Amendment of s. 8 . Section 8 of the Principal Act is amended by- (a) in subsection (1), adding to paragraph (a), after the words " consumption of gas ", the words " or wherein the gas examiner seeking entry reasonably believes that there is or may be gas which is escaping or has escaped "; (b) omitting subsection (4) and inserting in its stead the following subsection:- " (4) Where a gas examiner is of opinion that in any place whatsoever- (a) there exists a danger or likelihood of danger to the safety of persons or things caused directly or indirectly by the presence or escape of gas; or (b) because of the existence of a state of things arising from an act done or omitted to be done by any person, a danger or likelihood of danger to the safety of persons or things would exist should gas be present or escape, he may- (c) do all such things and take all such steps; and (d) in the case of an act done or omitted to be done by any person as referred to in this subsection, require that person to do all such things and take all such steps as he considers necessary or desirable to remove or limit the extent of such danger or the likelihood of such danger.". 6. New s. 1OA. The Principal Act is amended by inserting after section 10 the following section:- " 10A. Notification of accidents . (1) Where by reason of an accident caused by or involving flammable gas, injury to or the death of any person or damage to an amount apparently in excess of twenty dollars or such other sum as may from time to time be prescribed occurs- (a) the gas supplier; (b) the owner, occupier or person in charge of the place where the accident occurs; and shall(c) any other person prescribed - (d) where injury to or the death of any person occurs, immediately on becoming aware of the accident and of the injury or death;

52 Gas Act Amendment Act 1971, No. 5 (e) where a fire occurs in connexion with the accident, immediately on becoming aware of the accident and of the fire; (f) where damage occurs as aforesaid, within one month of becoming aware of the accident and of the damage, or within such other time or times as may from time to time be prescribed either generally or in respect of any particular damage or type of damage, notify the chief gas examiner of all details known to him in relation thereto. (2) A person required to notify the chief gas examiner in accordance with this section is excused from so doing where, to his knowledge, another of the persons required to notify the chief gas examiner in accordance with this section has done so.". 7. New s. 10B. The Principal Act is amended by inserting after section 10A as inserted by this Act the following section:- " 108. Fees payable in all cases . Fees prescribed to be paid for the purposes of this Act with respect to the sale, supply, use and consumption of gas and in all other respects are payable in all cases and for all such purposes notwithstanding any other provisions of this Act.". 8. New s . 10C. The Principal Act is amended by inserting after section 10B as inserted by this Act the following section:- " 10C. Protection for acts done in the execution of this Act. (1) Without derogating from the provisions of subsection (7) of section 40A of this Act, no matter or thing done or omitted to be done by any person in good faith and without negligence in the execution of his functions, powers or duties under this Act shall subject that person to any liability in respect thereof. (2) When any question arises as to whether any liability for any act or omission , the subject of any proceedings, is negatived under the provisions of subsection (1) of this section, and it appears that the act or omission of the person proceeded against was for the purpose of executing this Act or in the execution of any of his functions, powers or duties under this Act, the burden of proof of negligence and the absence of good faith shall lie upon the person taking those proceedings.". 9. Amendment of s. 13 . Section 13 of the Principal Act is amended by, in subsection (3), omitting the words " fifty pounds " and inserting in their stead the words " one hundred dollars ". 10. Amendment of s. 20 . Section 20 of the Principal Act is amended by, in subsection (1), omitting the second paragraph and inserting in its stead the following paragraph:- "The provisions of clauses 8 to 10 (both inclusive) and 13 to 21 (both inclusive) of Schedule II to this Act and such other clauses thereof as the Governor in Council may, by Order in Council prescribe (either generally or in a particular case) shall apply, with any necessary adaptations, with respect to- (a) a person authorized to supply gas pursuant to the provisions of section 14 of this Act;

Gas Act Amendment Act 1971, No. 5 53 (b) a person receiving a supply of gas, being a supply authorized by section 14 of this Act, by means of a pipe and other equipment constructed by him for the purpose, and in respect of the supply of gas thus supplied or received as if such person were a holder of a franchise in relation to the area wherein he is so authorized to supply gas or he receives the supply of gas as the case may be.". 11. Omission of s. 25 from Part IV. The Principal Act is amended by omitting section 25 from Part IV and inserting it as provided in section 14 of this Act. 12. Amendment of s. 26. Section 26 of the Principal Act is amended by omitting the word " twenty-five " and inserting in its stead the expression " 40A ". 13. Amendment of s. 39 . Section 39 of the Principal Act is amended by, in subsection (1), omitting the word " five " and inserting in its stead the word " ten ". 14. New Part VIA. The Principal Act is amended by- (a) inserting after section 40 the following heading:- PART VIA-INSUFFICIENCY OF SUPPLY OF GAS "; (b) renumbering section 25 as section 40A and inserting it immediately following the heading referred to in this section. 15. Amendment of s. 61 . Section 61 of the Principal Act is amended by, in subsection (2), omitting the word " two " and inserting in its stead the word " five ". 16. Amendment of s. 62 . Section 62 of the Principal Act is amended by inserting after paragraph (b) the following paragraph:- "; (c) a signature purporting to be that of the Minister or of the chief gas examiner , the senior gas examiner or a gas examiner shall be taken to be the signature it purports to be until the contrary is proved.". 17. Amendment of s. 63. Section 63 of the Principal Act is amended by adding the following paragraphs to subsection (1):- " Without derogating from the provisions of the first paragraph of this subsection, the Minister may give a general authority to any person in his own name or as the holder for the time being of a position specified in the authority to lay complaints for offences referred to in clauses 17 and 21 of Schedule II to this Act, and any such person may in accordance with the authority lay complaints in respect of those offences. Every authority so given is revocable 'by the Minister at his will.". 18. Amendment of s. 64. Section 64 of the Principal Act is amended by, in subsection (3), omitting all words in paragraph (b) after the words "with respect to a" and inserting in their stead the words "person authorized to supply gas pursuant to the provisions of section 14 of this

54 Gas Act Amendment Act 1971, No. 5 Act or a person receiving a supply of gas, being a supply authorized by that section, by means of a pipe and other equipment constructed by him for the purpose and in respect of the supply of gas thus supplied or received in lieu of the provisions of Schedule II referred to in the second paragraph of subsection (1) of section 20 of this Act.". 19. Amendment of Schedule II. Schedule II to the Principal Act is amended by- (a) in clause 8, adding the following subclause after subclause (3):- " (4) Any coated pipe laid or used underground by the holder shall be coated or coloured, unmodified along its length, a bright yellow colour or such other colour as may be approved from time to time by the Standards Association of Australia, and a person other than a holder or gas supplier shall not lay or use underground a pipe coated or coloured as aforesaid or so similar a coating or colour thereto as to be mistaken or likely to be mistaken for such coating or colour."; (b) in clause 15- (i) adding to the note appearing in and at the beginning thereof, after the word " levels ", the words " and alignments "; (ii) inserting after the words " within the area of such holder " the words " and the alignment allocated by it for any mains in relation thereto, which alignment shall be of a width adequate to ensure reasonable protection for such mains and shall wherever practicable be on the footway of the street "; (c) in clause 16- (i) omitting, in the note appearing in and at the beginning thereof, the word " may " and inserting in its stead the word " to "; (ii) omitting the word " may " occurring after the words " of any street " and inserting in its stead the word " shall "; (d) inserting after clause 17 the following clause:- 17A. Offences in relation to pipes , etc. (1 ) A person- (a) shall not interfere with, expose or damage a pipe of the holder or its protective coating or cathodic protection system or any foundations, earthworks or other material supporting a pipe of the holder unless- (i) he has previously notified the holder of his intention so to do or, because of an emergency precluding him from previously so notifying, he notifies the holder as soon as practicable thereafter or, having entered into an arrangement with the holder in respect of a procedure of notification in the case of what is agreed between them to be minor work, he notifies the holder in such a case in accordance with such procedure; (ii) such interference, exposure or damage is necessary to enable him to carry out his work; and (iii) he takes all reasonable steps to ensure such interference, exposure or damage does not constitute a danger to safety in the area;

Gas Act Amendment Act 1971, No. 5 55 (b) shall , subject to ' the proviso to subclause (2) of this clause , with all reasonable speed , restore to its former condition a pipe of the holder or its protective coating or cathodic protection system or any foundations, earthworks or other material supporting a pipe of the holder which he has interfered with, exposed or damaged; (c) shall in any case notify the holder of the nature of any damage done or caused by him to a pipe of the holder or its protective coating or cathodic protection system or any foundations , earthworks or other material supporting a pipe of the holder as soon as practicable after such damage has occurred. Penalty: $1,000. (2) If a person fails to comply with paragraph (b) of subclause (1) of this clause where it is applicable to him, the holder may do all such acts and things as are necessary to restore to its former condition the pipe or its protective coating or cathodic protection system or the foundations, earthworks or other material supporting the pipe , and the expenses incurred by the holder in so doing shall be repaid to the holder by the person so failing to comply: Provided that the holder may in the first instance , on notifying the person concerned, if practicable , of his intention to do so, do all such acts and things as are necessary for such restoration where he is of the opinion that , having regard to the nature or extent of the interference , exposure or damage , he should then do all such acts and things himself, and the expenses incurred by him in so doing shall be repaid to him by that person. (3) Expenses incurred by the holder pursuant to subclause (2) of this clause may be recovered by way of proceeding under The Justices Acts 1886 to 1968, or by way of action as for a debt due to such holder in any court of competent jurisdiction: Provided that in the case of a proceeding for an offence under paragraph ( b) of subclause ( 1) of this clause , the court may, on conviction , in addition to any other penalty imposed, order that the offender pay the amount of such expenses to be paid pursuant to subclause ( 2) of this clause other than the proviso thereto. (4) A person shall not excavate in an area in which any main or high pressure pipe is laid- (a) without first ascertaining the alignment and depth of such main or high pressure pipe; (b) without first taking all reasonable steps to ensure that such excavation will not constitute a danger to safety in that area by reason of the presence of such main or high pressure pipe. Penalty: $1,000.

56 Gas Act Amendment Act 1971, No. 5 (5) If a gas examiner reasonably believes that an excavation in an area in which any main or high pressure pipe is laid is not being carried out in such a manner as to ensure that it does not constitute a danger to safety in that area or is not otherwise being carried out in accordance with any requirements of this Act in relation thereto, he may, in writing, require the person making the excavation to do or refrain from doing all such acts and take or refrain from taking all such steps as he thinks fit to ensure safety in that area and compliance in all respects with this Act. A person to whom a requisition is given pursuant to this subrule shall comply therewith immediately or, where a period for compliance is therein limited, within such period. Penalty: $2,000. (6) A holder shall provide all reasonable assistance in the location of mains and high pressure pipes in his area when requested to do so by any person who has a lawful interest in ascertaining such location.".