Gas Supply (General) Regulation 1997 (NSW)

Part 1Preliminary1Name of Regulation

This Regulation is the Gas Supply (General) Regulation 1997.

2Commencement

This Regulation commences on 31 August 1997.

3Definitions

In this Regulation:

Director-General means the Director-General of the Department of Energy.

Gas Installation Code means the code published by the Australian Gas Association and the Australian Liquefied Petroleum Gas Association under the title AG 601:Gas Installation Code, as in force from time to time.

Industrial and Commercial Gas Appliances Code means the code published by the Australian Gas Association and the Australian Liquefied Petroleum Gas Association under the title AG 501: Code for Industrial and Commercial Gas Appliances, as in force from time to time.

LP Gas Storage and Handling Code means the code published by Standards Australia under the title AS 1596–1989: LP Gas Storage and Handling, as in force from time to time.

person responsible, in relation to the carrying out of gasfitting work, means the person who carries out the gasfitting work, or who supervises the carrying out of the gasfitting work, under the authority of an appropriate supervisor certificate referred to in clause 6 (1).

safety and operating plan, in relation to a distribution system, means a safety and operating plan that is required by the regulations under the Act to be prepared and implemented for the distribution system.

the Act means the Gas Supply Act 1996.

4Notes

The explanatory note, table of contents and notes in this Regulation do not form part of this Regulation.

Part 2Gasfitting work5Application of Part(1)

This Part:

• (a)

  applies to gasfitting work carried out:

  • (i)

    on a gas installation to which gas is supplied from a distribution system, or

  • (ii)

    for the purpose of connecting a gas appliance to, or disconnecting a gas appliance from, such a gas installation, and

• (b)

  does not apply to gasfitting work carried out:

  • (i)

    on a gas installation to which gas is supplied otherwise than from a distribution system, or

  • (ii)

    for the purpose of connecting a gas appliance to, or disconnecting a gas appliance from, such a gas installation.

(2)

This Part does not apply to gasfitting work involving the installation, alteration, extension, repair, connection or disconnection of such part of a gas installation as conveys or controls the conveyance of gas from a distribution system, from the boundary of the premises in which the gas installation is situated to the gas meter outlet, where the work is carried out by or on behalf of the relevant network operator.

6Gasfitting work to be carried out by, or under the supervision of, suitably qualified gasfitters(1)

A person must not carry out any kind of gasfitting work, or employ any other person to carry out any kind of gasfitting work, unless the person by whom the work is carried out does so:

• (a)

  under the authority of an appropriate supervisor certificate, or

• (b)

  under the authority of an appropriate registration certificate and under the general supervision of the holder of an appropriate supervisor certificate, or

• (c)

  under the immediate supervision of the holder of an appropriate supervisor certificate.

Maximum penalty: 100 penalty units (in the case of a corporation) and 25 penalty units (in any other case).

(2)

In this clause:

registration certificate, in relation to a particular kind of gasfitting work, means a certificate of registration in force under the Home Building Act 1989 authorising the holder to carry out that kind of work under general supervision.

supervisor certificate, in relation to a particular kind of gasfitting work, means a supervisor certificate in force under the Home Building Act 1989 authorising the holder to carry out, and to supervise, that kind of work, and includes a licence endorsed under that Act to show that it is the equivalent of such a certificate.

7Gasfitting work to comply with certain standards(1)

A person must not carry out gasfitting work (not being gasfitting work referred to in clause 6 (1) of the Gas Supply (Network Safety Management) Regulation 2002) otherwise than in accordance with:

• (a)

  in the case of all gasfitting work, the Gas Installation Code, and

• (b)

  in the case of gasfitting work involving installations or systems that convey liquefied petroleum gas, the LP Gas Storage and Handling Code.

Maximum penalty: 20 penalty units.

(2)

Without affecting the generality of subclause (1), a person must not connect a gas appliance to a gas installation or modify a gas appliance connected to a gas installation unless the appliance (or the appliance as modified):

• (a)

  is certified under a scheme conducted by the Australian Gas Association or the Australian Liquefied Petroleum Gas Association for the certification of appliances, or

• (b)

  if no such scheme exists or if the appliance (being of a rare or unusual type or design) is not covered by such a scheme, is approved by the relevant network operator or a person authorised by the Director-General to approve appliances of that type.

Maximum penalty: 20 penalty units.

(3)

A network operator must include in its safety and operating plan procedures for approving appliances for the purposes of subclause (2) (b), being procedures no less stringent than the procedures set out in:

• (a)

  the Industrial and Commercial Gas Appliances Code, or

• (b)

  if that code is not applicable to the appliances, such other code or standard as the Director-General determines to be appropriate in the circumstances.

(4)

A network operator or authorised person may charge a reasonable fee for giving an approval under subclause (2) (b).

8Testing for defects(1)

Immediately after completing gasfitting work on a gas installation, the person responsible for the carrying out of the gasfitting work:

• (a)

  must test the installation for defects, and

• (b)

  must inspect all gas appliances connected to the installation.

Maximum penalty: 20 penalty units.

(2)

This clause does not apply to gasfitting work involving:

• (a)

  the disconnection of a gas installation from a distribution system, or

• (b)

  the disconnection of a gas appliance from a gas installation.

9Certificates of compliance(1)

Immediately after testing a gas installation following the completion of gasfitting work, the person responsible for the carrying out of the gasfitting work must issue a certificate of compliance with respect to that work:

• (a)

  to the owner of the installation, or

• (b)

  to a person having the control or management of the installation.

Maximum penalty: 20 penalty units.

(2)

The person responsible for the carrying out of the gasfitting work must, within 7 days after completing the gasfitting work, send a copy of the certificate of compliance to the relevant network operator.

Maximum penalty: 20 penalty units.

(3)

A certificate of compliance:

• (a)

  must be in a form approved by the Director-General, and

• (b)

  must indicate the nature of the gasfitting work that has been carried out, and

• (c)

  must state that the gasfitting work has been carried out in accordance with any relevant gasfitting rules, the Gas Installation Code or the LP Gas Storage and Handling Code, whichever is appropriate, and

• (d)

  must indicate whether or not the gas installation is in safe working order.

(4)

A person who issues a certificate of compliance must retain a copy of the certificate for 5 years from the date on which it was issued.

Maximum penalty: 20 penalty units.

(5)

This clause does not apply to gasfitting work involving:

• (a)

  the disconnection of a gas installation from a distribution system, or

• (b)

  the disconnection of a gas appliance from a gas installation.

Parts 3–610–36

(Repealed)

Schedule 1

(Repealed)