Electricity Regulation Act 1999

9I

F163[Gas emergency officers.

F164[9I.(1) A transmission system operator or a distribution system operator in relation to natural gas or a holder of a LPG safety licence may appoint a person to be a gas emergency officer for the purposes of this section.

(2) A gas emergency officer may, subject to this section, enter and inspect any land (with reasonable force, if he or she considers it necessary in the circumstances) without giving notice or obtaining the consent of any person, and there take such measures as the officer considers appropriate for the protection of any person or any property from any danger arising from natural gas or LPG.

(3) A person appointed under subsection (1) shall be furnished with a certificate of his or her appointment by the system operator or LPG undertaking making the appointment, and when exercising a power conferred by this section shall, if requested by any person thereby affected, produce such certificate to such person.

(4) A gas emergency officer may not exercise the powers conferred by this section unless he or she is of the opinion that there is or may be a danger to any person or property arising from

(a) the use, misuse or leakage of natural gas or LPG, or

(b) a defect or possible defect in any pipeline or natural gas fitting or LPG fitting.

(5) Without prejudice to the generality of subsection (2), in exercising his or her powers under this section a gas emergency officer may

(a) instruct any person to evacuate any place until such time as the premises are, in the opinion of the officer, safe,

(b) instruct any person to perform or refrain from performing any act, if in the opinion of the officer, the performance or non-performance of such act is necessary in order to reduce or prevent any danger arising from natural gas or LPG,

(c) search for any escaped natural gas or LPG, or any leak or defect in any pipeline or natural gas fitting or LPG fitting, or

(d) interrupt or disconnect the supply of natural gas or LPG without notice.

(6) Where a gas emergency officer enters on land in pursuance of powers conferred by this section, the transmission system operator or the distribution system operator or a LPG undertaking on whose behalf the entry was made shall ensure as soon as possible after the powers have been exercised under this section that

(a) the land is left no less secure by reason of the entry, and

(b) any damage caused by the gas emergency officer is made good or that compensation is paid to the occupier or owner of the land concerned.

(7) A person who

(a) obstructs or impedes a gas emergency officer in the exercise of powers conferred by this section,

(b) fails or refuses to comply with an instruction given by a gas emergency officer under this section,

(c) knowingly gives to a gas emergency officer information which is false or misleading in a material respect, or

(d) turns on or reconnects the supply of natural gas or LPG where supply has been turned off or disconnected by a gas emergency officer, without the consent of a gas emergency officer,

commits an offence.

(8) A person who commits an offence under subsection (7) is liable

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months or to both, or

(b) on conviction on indictment, to a fine not exceeding 15,000 or a term of imprisonment not exceeding 3 years or to both.]]

Annotations

Amendments:

F163

Inserted (12.03.2008) by Energy (Miscellaneous Provisions) Act 2006 (40/2006), s. 13, S.I. No. 68 of 2008.

F164

Substituted (30.01.2015) by Energy (Miscellaneous Provisions) Act 2012 (3/2012), s. 17(2)(f), S.I. No. 17 of 2015.