Gas Standards (Gas Supply and System Safety) Amendment Regulations 2023 (WA)
10 February 2023 GOVERNMENT GAZETTE, WA 179 ENERGY
EN401
Gas Standards Act 1972
Gas Standards (Gas Supply and System Safety)
Amendment Regulations 2023
SL 2023/7
Made by the Governor in Executive Council.
1. Citation
These regulations are the Gas Standards (Gas Supply and
System Safety) Amendment Regulations 2023.
2. Commencement
These regulations come into operation as follows —
(a)
regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations — on the day after that day.
3. Regulations amended These regulations amend the Gas Standards (Gas Supply and
System Safety) Regulations 2000.
4. Regulation 3 amended
(1) In regulation 3(1) delete the definition of prescribed activity. (2) In regulation 3(1) insert in alphabetical order: business day means a day that is not a Saturday,
Sunday or public holiday;
decommissioned distribution system component has
the meaning given in regulation 25(1);
inoperative distribution system has the meaning given
in regulation 25(1);
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prescribed activity means
(a)
anything relating to the conveyance, control, supply or use of gas done by, for or with the authority of the network operator in the course
of the construction, commissioning,
maintenance, repair, operation or
decommissioning of any part of a distribution
system; and(b)
anything done by, for or with the authority of the network operator for the purposes of keeping a decommissioned distribution system component safe;
(3) After regulation 3(2) insert:
(3) In these regulations, a reference to a network operator
in relation to an inoperative distribution system or a
decommissioned distribution system component is a
reference to the network operator of the system
immediately before it became an inoperative
distribution system.5. Regulation 22 amended
In regulation 22(1) in the definition of major activity:
(a) in paragraphs (c) and (d) after "construction" insert: or decommissioning
(b) in paragraph (d) delete "pipelines." and insert:
pipelines; (c) after paragraph (d) insert:
(e) decommissioning of a part of a distribution
system if
(i) the decommissioning is part of part of the system; and
(ii) the part of the system includes at least 500 m of pipe.
6. Regulation 24 amended
(1) Delete regulation 24(1).
10 February 2023 GOVERNMENT GAZETTE, WA 181
(2) In regulation 24(2)(b) delete "former distribution system" and
insert:decommissioned distribution system component 7. Part 4 Division 2 inserted
After Part 4 Division 1 insert:
Division 2 - Decommissioning 25. Terms used
(1) In this Division decommissioned distribution system component
means a thing that would be a part of a distribution
system if it were not decommissioned;
inoperative distribution system means a distribution
system or a part of a distribution system that the
network operator has ceased to operate.(2) In this Division, a reference to ceasing to operate a
distribution system or a part of a distribution system
does not include a reference to ceasing to operate the
system or part for, or because of, 1 or more of the
following reasons
(a) undertaking construction, maintenance or repair of the system or part, or any similar reason; (b) an emergency, a notifiable incident or other unplanned interruption to the supply of gas from the system or part. 26. Notice of proposal to cease operating
(1) A network operator that proposes to cease operating a
distribution system or a part of a distribution system
must notify the Director of the day on which the
network operator proposes to cease operating the
system or part, at least 30 business days prior to that
day.(2) Subregulation (1) does not apply in relation to the
following
(a) ceasing to operate a part of a distribution
system as a result of disconnecting a
consumer's gas installation unless the
disconnection is part of decommissioning the
distribution system or a part of it more
generally;
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(b) ceasing to operate a part of a distribution
system if ceasing to operate it is part of
replacing, upgrading or relocating that part of
the system.
(3) Notice to the Director under subregulation (1) must be
accompanied by
(a) details identifying the system or part; and (b) a decommissioning plan that includes
(i) details of all decommissioning
activities; and(ii) a program setting out dates for the commencement and completion of each of the decommissioning activities.
(4)
The Director may require the network operator to give the Director further details about the decommissioning.
(5) The network operator must comply with a requirement
under subregulation (4) within 10 business days after
the day on which the requirement is made.26A. Requirement to decommission inoperative
distribution system(1) A network operator that ceases to operate a distribution
system or a part of a distribution system must
immediately commence decommissioning the
inoperative distribution system in accordance with
regulation 26B and any exemption under
regulation 26C.(2) If the network operator transfers the inoperative
distribution system or a part of it to another person (the
transferee)
(a) subregulation (1) (i) applies to the transferee on and from the day of transfer; and
(ii) continues to apply to the network operator;
and
(b) references in these regulations to a network
operator in relation to an inoperative
distribution system or a decommissioned
distribution system component include a
reference to the transferee.
(3)
The network operator must complete decommissioning the inoperative distribution system within the period of 60 business days after the day on which the network
operator ceased to operate it or within that period as
extended under subregulation (4).
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(4) The Director may, on 1 or more occasions, extend the
period in subregulation (3) for an inoperative
distribution system, including after it has expired, and
may impose conditions on the extension.26B. Decommissioning inoperative distribution system (1) Decommissioning a distribution system or a part of a
distribution system includes
(a)
disconnecting the system or part from each supply of gas; and
(b) disconnecting consumers' gas installations
from the system or part; and(c)
purging the system or part of flammable contents in accordance with IGE/SR!22 Purging Operations for Fuel Gases in Transmission, Distribution and Storage, issued by the Institution of Gas Engineers and Managers; and
(d)
removing the following components of the system or part
(i) meters;
(ii) the electricity supply (including
transformers, rectifiers and other similar
equipment) for cathodic protection
systems;(iii) all above-ground components;
and
(e) filling the following, if not removed, with a
substance suitable to protect against long-term
structural failure
(i) underground pipes and support
structures running under a railway line;
(ii) underground pipes with an internal diameter of 250 mm or more; (iii) service pits; and
(f) plugging and capping all open pipe ends; and (g)
reinstating and restoring sites where components of the system or part are removed; and
(h) recording the location of any components of the
system or part that are not removed.
(2) Disconnecting a consumer's gas installation from the
system or part includes disconnecting the
installation
(a) at the meter outlet; and
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(b) if the main that supplied gas to the installation
is not, or is not going to be, decommissioned
at the boundary of the property on which the
installation is located.
(3) The network operator must, in relation to a record
under subregulation (1)(h)
(a) keep the record up to date; and (b)
make it publicly available on a website approved by the Director; and
(c) give a copy of it to the Director.
(4) The Director may make copies of the record publicly
available in any way the Director decides.26C. Exemptions
(1) The Director may exempt a network operator from
carrying out 1 or more of the activities listed in
regulation 2613(l) in relation to decommissioning a
particular distribution system or part of a distribution
system, or in relation to a type of decommissioning.(2) An exemption may be subject to conditions and may be
amended or revoked.(3) An amendment or revocation cannot have effect before
the Director has given written notice of it to the
network operator.26D. Report on decommissioning
(1) If a network operator is required under
regulation 26A(1) to decommission an inoperative
distribution system, the Director may require the
network operator to give the Director a report on the
decommissioning of the inoperative distribution
system. (2)
The report must cover the network operator's progress, in completing the decommissioning, by reference to the decommissioning plan referred to in
regulation 26(3)(b) and the network operator's
obligations under regulation 26A(1).(3)
The network operator must comply with a requirement under subregulation (1) within the time specified by the Director (which cannot be less than 10 business days
after the day on which the requirement is made).
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8. Regulation 37 amended
In regulation 37 delete "distribution system," and insert:distribution system or a decommissioned distribution system
component,9. Other provisions amended
Amend the provisions listed in the Table as set out in the Table.
Table
Provision Delete Insert
r. 171(7) 5 days 5 business days r. 22(2) and (3) 7 days (each 5 business days occurrence) r. 30(4) 10 working days 10 business days r. 32(3) 20 working days 20 business days r. 34(3) 14 working days 15 business days r. 3 5(2) 7 days 5 business days r. 44(1)(b) 14 days 10 business days r. 44(1)(c) 30 days 20 business days r. 52(4) 10 working days 10 business days r. 54(3) 20 working days 20 business days
r. 55 28 days 20 business days r. 56(3) 20 working days 20 business days r. 67(2) 14 days 10 business days V. MOLAN, Clerk of the Executive Council.
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