Inflammable Liquid (Amendment) Act 1952 (NSW)

mFLAEMABLE LIQUID (AMENDMENT) ACT.

Act No. 6, 1952.

An Act to make provision in relation to the pipe-lines; to make further provision in relation to the handling, conveyance, loading and unloading of inflammable liquids and dangerous goods; to bring certain additional substances within the operation of the Inflammable Liquid Act, 1915-1946; for these and other purposes to amend the said Act and certain other Acts; and for purposes connected therewith. [Assented to, 17th construction, maintenance and use of oil1

. - A p r i l , 1952.] BE

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis-	lative Council and Legislative Assembly of New South
Wales in Parliament assembled, and by the authority of the same, as follows:—
1. (1) This Act may be cited as the "Inflammable Liquid (Amendment) Act, 1952."
(2) The Inflammable Liquid Act, 1915, as amended by subsequent Acts and by this Act, may be cited as the Inflammable Liquid Act, 1915-1952.

(3) The Inflammable Liquid Act, 1915-1946, is in

this Act referred to as the Principal Act.

(4) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.

2.   The Principal Act is amended—

(a) by inserting in section three after the matter

relating to Par t IV the following new matter:—

PART IVA.—OIL PIPE-LINES—S. 20A.

(b)	by inserting in section five in the definition of
"Protected work" after the words "liquid i s " the words " o r dangerous goods a r e " ;

(c) by omitting from the same section the definition	of "Screen wall" and by inserting in lieu thereof
the following definition:—

"Screen wal l" means wall of such material and so constructed and placed as to pre­

clude the penetration of vapour through such wall and to prevent the spread of fire from any one place to any other place, and in relation to an underground depot, means the material which covers and surrounds such underground depot,

if efficient for the purposes aforesaid.

3 . The Principal Act is further amended—

(a) by omitting paragraph (c) of subsection three of section ten and by inserting in lieu thereof the following paragraph:—

(c) the amendment or renewal of a license referred to in subsection two of this section or in paragraph (a) of this sub­ section or of any certificate of registration;

(b) (i) by omitting from subparagraph (i) of para­ graph (a) of the proviso in subsection one of section eleven the words "either the mineral spirit or the mineral oil is kept completely surrounded by a screen wal l" and by inserting in lieu thereof the words " the mineral spirit and the mineral oil are separated by a screen wal l" ;

(ii)   by inserting in subparagraph (iii) of the same paragraph after the word " k e p t " where thirdly occurring the words and symbols " ( a ) in underground tanks in accordance with the regulations; or (b) is

kept aboveground a n d " ;

(iii)   by inserting in the same subsection after the words "shall be kept i n " the words and symbols—

" ( a ) steel drums or drums of other prescribed material fitted with a	pressure relief valve of a type
approved by the Chief Inspector or some other similar device so approved, or

( b ) " ;

(c) (i) by omitting from paragraph (a) of subsec­ tion one of section thirteen the words "either the mineral spirit or the mineral oil is kept completely surrounded by a screen wall or in a prescribed underground depot" and by inserting in lieu thereof the words

" t h e

" the mineral spirit and the mineral oil are separated by a screen wall or either the mineral spirit or the mineral oil is kept in a prescribed underground tank depot" ;

(ii)   by omitting from paragraph (b) of the same subsection the words "thereof; and neither the mineral spirit nor the mineral oil is kept completely surrounded by a screen wall or in a prescribed underground depot" and by inserting in lieu thereof the words "thereof and the mineral spirit and the mineral oil are not separated by a screen wall or the mineral spirit or the mineral oil is not kept in a prescribed underground tank depot" ;

(iii)   by inserting in paragraph (c) of the same subsection after the word "underground"

the word ' ' t a n k ' ' ;

(d) (i) by inserting next after paragraph (a1) of subsection one of section fourteen the following new paragraph :—

(a2) The depot shall have an effective covering or roof of metal, sand, slate, or other uninflammable material, unless such depot is within another building, and that building has a roof, externally

uninflammable;

(ii)   by omitting paragraph (b) of the same sub- section and by inserting in lieu thereof the following paragraph:—

(b) The depot shall not be situated within nor be attached to a dwelling or building in which persons assemble for the purposes of public concourse, public religious worship, public entertainment or amusement,

education

education or discussion, unless the walls and roof of such depot are constructed of brick, concrete or masonry or other uninflammable material approved by the Chief Inspector or a screen wall separates such dwelling or building and such depot. A separate entrance to such depot from the open air distinct from that of such dwelling or build­ ing shall be provided and no other entrance to such depot shall be permitted.

(iii)   by inserting at the end of paragraph (e) of the same subsection the words " o r if such vessel is a steel drum such vessel shall be so constructed and maintained or fitted with a pressure relief valve of a type approved by the Chief Inspector or some other similar device of a type so approved";

(e) by inserting at the end of paragraph (b) of subsection one of section fifteen the words " o r unless such depot is aboveground, and is exempted from the requirements of this paragraph by the Chief Inspector, and any inflammable liquid kept therein is kept in the

(f) (i) by inserting at the end of paragraph (d) of prescribed receptacles under such terms and subsection one of section sixteen the words " o r if such vessel is a steel drum such vessel shall be so constructed and main­ tained or fitted with a pressure relief valve of a type approved by the Chief Inspector or some other similar device of a typo so approved". conditions as the Chief Inspector may impose"; (ii)

(ii)   by inserting at the end of the same subsec­ tion the following new paragraph:—

(q) If so required by the Chief Inspec­ tor a reliable adult person shall bo employed in the store as a watch­ man.

4 . The Principal Act is further amended by inserting in paragraph (b) of subsection one of section seventeen after the word " l e t t e r s " the words " 'Inflammable' together with the words".

5. The Principal Act is further amended—

(a)	by omitting paragraph (d) of subsection one of section eighteen;
(b)	by inserting next after the same section the fol­ lowing new section:—

18A. (1) Where the Chief Inspector, or any person authorised by him in that behalf, is of the opinion that it is in the interests of public safety so to do, he may prohibit any person handling, loading or unloading inflammable liquid or dangerous goods or any liquids derived from petroleum, shale or coal on, to or from any

boat or ship between sunset and sunrise. Notice of such prohibition shall be given in writing to the person to whom it relates and shall

specify the period during which such prohibition
shall operate.

During the period within which any such prohibition operates no person acting under the authority of any Act or of any by-law or regulation under this Act shall give any orders or directions inconsistent with any such pro- hibition.

(2)

(2) If any person contravenes or fails to comply with any of the terms of any prohibition under this section he shall be liable to a penalty not exceeding one hundred pounds.

(c) (i) by inserting in subsection one of section nine­ teen after the words "inflammable liquid and/or dangerous goods" wherever occur­ ring the words "and /o r liquids derived from petroleum, shale or coal" ;

(ii)   by inserting at the end of the same subsec­ tion the following new paragraph:—

Any such by-laws may provide that any plant or equipment used in connection with such operations shall be constructed, installed, tested, maintained or operated in accordance with such plans, rules, specifica­ tions, or the like as are referred to in the by-laws or as may be approved by the harbour-master or other prescribed officer either generally or in any particular case and the by-laws may authorise any matter or thing from time to time to be determined, applied or regulated by the harbour-master or other prescribed officer either generally or in any particular case.

(iii)  by inserting at the end of the same section the following new subsection:—

(5) In this section—
"dangerous goods" means—
(a)	any dangerous goods which are dangerous goods pursuant to section five of this Act; and
(b)	any goods or substances which the Governor by proclamation published in the Gazette declares to be dangerous goods for the purposes of this section,

6. The Principal Act is further amended by inserting

next after section twenty the following new Par t :—

PART IVA.—OIL PIPE-LINES.

20A. (1) In this section:—

"oil pipe-lines" means all pipe-lines used for the transmission of inflammable liquid, danger­ ous goods or any liquid derived from petroleum, shale or coal and all hoses, valves, fittings and appliances used in connection with such pipe-lines.

(2) All oil pipe-lines shall be constructed, installed, tested, maintained and operated in such manner and in accordance with such conditions as may be prescribed.

(3) No person shall instal, relay, renew or

effect any major repairs to, any oil pipe-line unless—

(a)	he has submitted proposals of such installa­ tion, relaying, renewal or repairs together with all relevant details to the Chief Inspector; and
(b)	the approval of the Chief Inspector has been given in writing to such proposals.

No person shall use any oil pipe-line so installed,
relayed, renewed or repaired until the approval of

the Chief Inspector has been given in writing to suck

use. ( 4 ) Where the Chief Inspector is of the
opinion that it is in the interests of public safety so

to do, he may by notice in writing given to the owner of an oil pipe-line require such owner to relay, renew or repair such pipe-line in accordance with such requirements as may be specified in such notice.

(5) An inspector may at any time inspect and examine any oil pipe-line, and the owner thereof or person operating or using the same and the person on whose land such oil pipe-line is situated or his

representative

representative shall facilitate such inspection and examination and answer all inquiries put by the inspector in regard to such oil pipe-line.

(6) Any person who—

(a)	constructs, instals, tests, maintains or operates any oil pipe-line otherwise than in the manner and in accordance with the con­ ditions prescribed;
(b)	fails to comply with the requirements of any notice given to him pursuant to sub- section four of this section; or
(c)	otherwise contravenes or fails to comply with any provisions of this section.

shall be liable to a penalty not exceeding one hundred
pounds.

7 . The Principal Act is further amended by inserting a t the end of section forty-four the following new paragraph and subsection:—

(s) regulating and controlling the construction, installation, testing, maintenance and opera­ tion of oil pipe-lines within the meaning of section 20A of this Act.

(2) Without limiting the generality of paragraph (s) of subsection one of this section any such regula­ t ions may prescribe the design, materials, situation and manner of construction, installation, testing,

maintenance and operation of oil pipe-lines referred	to in such paragraph and may apply to oil pipe-lines
generally or to particular oil pipe-lines or any part thereof or may apply to all areas or to specified areas or to, areas other than those specified.
Any such regulations may provide that the con- struction, installation, testing, maintenance and operation of oil pipe-lines and all hoses, valves, fittings and appliances in connection therewith or any components thereof, shall be carried out in accord- ance with any plans, rules, specifications or the like

18051-2 referred

referred to in the regulations or which may b& approved by the Chief Inspector either generally or in any particular case.